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HomeMy WebLinkAbout19680506_regularHINUTES OF THE REGULAR MEETING OF EDINA VILLAGE COUNCIL HELD AT VILLAGE MONDAY, MAY 6, 1968 THE HALL ON Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg and Mayor Bredesen. MINUTES of the Regular Meeting of April 15, 1968, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Courtney and carried. HAROLD DUOOS R-4 MULTIPLE RESIDENTIAL DISTRICT ZONING REQUEST FOR HANSEN ROAD NORTH OF THE M.N. & S. TRACKS GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted on the request of Mr. Harold Duoos for rezoning of property located east of Hansen Road and northwest of the M.N,& S. Railroad tracks from R-1 Residential District to R-4 Multiple Residential District. Mr. Hite adv'ised Council that this property is bordered on the north by single family dwel-lings, by rai1road.tracks on the east and south, and by Garden Park across Hansen Road to the west. The Planning Commission has recommended approval of the request for rezoning. .Mr:Duoos has agreed to place a deed restriction on the property limiting the size of the apartment building to twenty-four units in conformance with the recommendation of the Planning Commission. Mr. Duoos pre- sented an artist's drawing of the proposed two story building, stating that the height would be nineteen or twenty feet, with underground parking facilities for twenty-seven cars. He indicated that every effort will be made to save existing trees which are taller than the proposed building. per month for one bedroom units and to $300 per month for two bedroom units. He concurred with neighboring property owners that children cut through the property on the way to the park, but offered to install a fence in such a manner that they could not get through. dangers involved in making a left-hand turn off of Vernon Avenue onto Hansen Road and on-to Windsor Avenue.- Mr. Hite advised Mr. and Eks. G. V. Jackish, 5312 \?in- dsor Avenue and Mr. Richard M. Mast, 5305 Windsor Avenue, that this intersection would be reworked at the time that Vernon Avenue is improved, but that, in the meantime, it might be possible to widen the road somewhat so that a lefthand turn lane could be installed, Mr. Hite noted that he does not believe that the twenty- four proposed apartment units will generate an appreciable increase in traffic to cause an additional hazard at that intersection. Mr. Grant North, 5300 Windsor Avenue, protested that multiple dwellings are being constructed adjacent to single family dwellings, whereupon Mr. Hite replied that multiple residence dwellings should be relatively isolated from single family dwellings but still-not in an area which would not be suitable for single family residence construction. In reply to a statement of Mrs. Jackish that they were assured that the neighborhood would be developed with" single family dwellings when they purchased their property four and one-half years ago, Mayor Bredesen noted that while there were no plans for mul- . tiple residence development at that time, changes often lead to a more desirable type of area development. Mr. Ernest Hansen, 5612 Dale Avenue, and Mrs. M. C. Lindboe, 5600 Dale Avenue, stated that they would favor the construction of the proposed apartment building. No further discussion being heard, Councilman Johnson offered Ordinance No, 261-161 for First Reading as follows, providing that the deed restriction is received by the Village and stipulating that Second Reading be held at the meeting of May 20, 1968, provided it can be determined by that time whether or not the lefthand turn lanes can be accomplished by the County Highway Department: AN ORDINANCE AMENDING ORDINANCE NO. 261 Rentals to run between $200 Considerable discussion ensued relative to the traffic ORDINANCE NO. 261-161 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Miltiple Residence District Boundaries, of Section 4, (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the following subparagraph : District R-4: "(27) Section 2. This Ordinance shall be in full force and effect from and after Lots Thirteen (13) and Fourteen (14), Richmond Hills I11 Addition and Parcel 2100 in Section 33, Township 117, Range 21." its passage and publication according to law, CHEROKEE SALES, INC., REQUEST FOR PC-1(4) ZONING AT GILEASON ROAD AND CROSSTOWN HCGH- WAY DENIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file, and action taken as hereinafter recorded on the request of Cherokee Sales, Inc., for a zoning change for property located on the northeast quadrant of Gleason Road and the Crosstown Highway. Mr, Hite advised that it is proposed to construct a shopping center of 28,000 square feet which would accommodate 'konvenience" stores Pursuant to due notice given, public hearing was conducted I I I 8 3, 5/6/68 u3 t)7 u zd and shops anL a gas station. The property abuts the --Jd ake project and is surrounded by R-1 zoning, with the Creek Valley School located in the southeast quadrant and a future Lutheran Church in the southwest quadrant of the inter- section. of the request at its meeting of March 6, 1968, on the following grounds:, 1. adopted by the Planning Commission of February 6, 1968. this area is to be used for park and recreational purposes. 2. lated long before such rezoning was requested. proposed to be acquired as anLintegral part of this community-wide park and recreational complex. 3. Such proposal is contrary to the Village policy of not permitting commercial facilities in close proximity to highway interchanges. Mr. Hite further noted that it is not considered advantageous to have a shopping center in'an area that is to be used for park and school purposed since a facility of this type would attract additional traffic. Mr. John Crouch, representing Cherokee Sales, Inc., presented photographs of the site and stated that response to the questionnaire mailed to residsnts of western Edina in January, 1968, indica- ted that 34% thought that existing convenience shopping facilities were very good, 38% thought they were adequate and 28% thought that they were inadequate. The respons'es to the questionnaire also indicated that 77% thought that additional facilities would be needed as the population in t'hat area doubles within the next five years. Mr. Crouch stated that it is proposed that the,facility would in- clude men's and women's apparel stores, a grocery store, drug store, hardware store, barber and beauty shop, dry cleaning shop and gas station. He presented a petition which Cherokee Sales, Inc., had circulated west of Hansen Road and south of Pine Grove Road which he advised had been signed by 80% of the residents app- roached. A gentleman in the audience pointed out that this petition had been signed by "unsuspecting housewives" and that the proposed development had not been fairly represented to them. property is easier to sell if shopRing facilities are conveniently lqcated and . stated that if he had taken the time, he could have gotten many more names on the petition. Messrs. E, J. Graham, 6205 Balder Lane, Kent Calhoun, 6617 Gleason Road, Earl C. Sharpe, 6600 Gleason Road, Gordon Thernell, Mr. Christgau, and Dr. Glen Lewis, 6328 Gleason Road, all protested the proposed facility, stating that a shopping center*in,thQi area would cause a dangerous situation for children drawn to the area by the school and recreational facilities. 'Mayor Bredesen pointed out that it must be remembered that a property owner has the right to develop his property and that even if this proposal is denied, some type of dev- elopment will be forthcoming. In reply to a question from the audience as to . why the property could not be purchased as a part of the Mud Lake development, Mayor Bredesen stated that there is a question as to how much the Village can spend for park property at any one location. A lady who lives on Balder Lane pointed out'that she can drive to Southdale in seven minutes and that no further shopping center development is necessary. Discussion ensued as to the possib- ility of development of shopping centers in Minnetonka Village and in Eden Prairie which could serve western Edina. a gasstation would be most undesiyable, Mr. Harry DeSales of Cherokee Sales stated that most people feel that a service station in their area is a convenience and would favor such a facility. Mayor Bredesen noted that while he believes that the proposed shopping center might serve some useful function to the neighborhood, the Planning Commission has given much thought and diligent study to the project and he would suggest that their recommendation for denial be followed, based on the- reasons stated at the beginning of this hearing. Councilman VanValkenburg then moved that the zoning request of Cherokee Sales, Inc., be denied based on the recommendation of the Planning Commission and based further on the fact that he believes that it would create a dangerous situation for c,hildren going to the park and also because he believes this to be "strip zoning" which is poor zoning. Motion was seconded by Councilman Shaw and carried. noted that since it .is ev+ident to him that some shopping center development is desirable, Planning Commission should give further study to a possible desirable location. Mr. Hite further noted that Planning Commission had recommended denial The proposal does not conform to the generalized land use plan (Alternate 5) The plan indicates that The proposal conflicts with plans for the Mud Lake.project which were formu- This center would occupy lands Mr. Oscar Jones,of Cherokee Sales stated that In reply to a statement from the audience that Councilman Johnson then ,. Mayor Bredesen left the meeting at this time. assumed the Chair. Councilman VanValkenburg then ALLEY BETWEEN 5005 AND 5013 BEDFORD AVENUE VACATED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hite . __ presented the petition of abutting property owners for vacation of the alley ' between 5005 and 5013 Bedford Avenue, advising that the Village has received a drainage easement for the property. Mrs. William R. Winsor, 5013 Bed€ord Avenue signer of the petition, reiterated her request that the alley be vacated. No 5/6/68 further discussion being heard, Councilman Johnson offered the following resolu- tion and moved its adoption: - RESOLUTION VACATING ALLEY BETWEEN 5005 AND 5013 BEDFORD AVENUE - TJHEREAS,-two weeks' published, posted and mailed notice of a Hearing to be held on May 6, 1968, at 7:OO p.m., on the proposed alley vacation hereinafter described has been given and made and a Hearing has been held thereon by the Village Council: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of the alley . located in Block 3, Brookside Heights, all as platted and of record in the office of the Register of Deeds for and in Hennepin County, Minnesota, be and is hereby vacated effective June 4, 1968, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: That portion of the East and West Alley in Block 3, Brookside Heights, lying West of the Northerly extension of the East lot lines of Lots 15 to 23 in said Block 3, Brookside Heights, according to the recorded plat thereof, Hennepin County, .Minnesota. Motion for adoption of the resolution was seconded b I Courtney and on - rollcall there were four ayes and no nays an SANITARY SEWER NO. 270 ORDERED UPON 100% PETITION. The Village Clerk reported that a'petition for an improvement consisting of sanitary sewer to serve 4000,. 4001, 4003, 4004, 4005, and 4006 Grimes Avenue had been received in her office on May 1, 1968, signed by all owners of real property abutting on said portion of Grimes Avenue, viz: Arvid H. Bolin, Lucile Kjorlaug, William Hareid, John 0. Burton, J. B. Heid, and Richard Van Der Wuf. Said petition also requested the Council to assess the entire cost against the property of such owners. It was pointed out that the petition was not in proper form; offered the following resolution and moved its adoption as follows contingent upon receipt of a correctly worded petition: Gouncilman Shaw then RESOLUTION ORDERING IMPROVEMENT NO. S. S. 270' UPON PETITION THEREFOR c BE IT RESOLVED by the Village Council of the Village of Edina, Mindesota, as follows : 1. It is hereby found and determined that a petition has been filed requesting the Council to construct a sanitary sewer improvement on Grimes Avenue to serve 4000, 4001, 4003, 4004, 4005, and 4006 Grimes Avenue, and to assess the entire cost against the property of petitioners, and that aaid petition has been signed by all owners of real property abutting on said street where said improvement is to be located. 2. The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3). Said improvement is hereby designated Improvement No. S. S. 270. The entire cost of said im- provement is hereby ordered to be assessed against the properties abutting on said Grimes Avenue where said improvement is to be located. rollcall there were four ayes and no nays and ATTEST : KILLARNEY SHORES IMPROVEMENTS ORDERED UPON 100% PETITION. Mr. Hi&% yMe$eay- cil that petitions for sanitary sewer, watermain and street graveling to serve Killarney Shores Addition had been received in the office of the Village Clerk on May 3, 1968, signeci-by Killarney Developer's, Inc., E. G. Thernell, President, owner of all real property in said Killarney Shores Addition. Said petition also requested the Council to assess the entire cost against the property of such owner (over a period of three years). the following resolution and moved its adoption: Councilman Courtney thereupon introduced 5/6/68 1 RESOLUTION ORDERING IMPROVEMENTS NOS. S. S. 271, W. M: 230 AND STREET GRAVELING NO. C. 97 AND STORM SEWER NO. 113 UPON PETITION THEREFOR ~ BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. questing the Council to construct sanitary sewer, watermain and street .. graveling to serve Killarney Shores Addition, and to assess the- entire cost against the property of;the petitioner, and that said petitions have been signed by the owner of real property in said area where said im- provements are to be located. 2. hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), and said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: SANITARY SEWER NO. 271 WATERMAIN IMPROVEMENT NO. 230 STREET IMPROVEMENT NO. C-97, and STORM SEWER NO. 113, and the entfre cost of said improvements is hereby ordered to be assessed against the properties abutting in Killarney Shores Addition where said improvements are to be located. Motion for adoption of the resolution was seconded by Councilman Shaw and ted. It is hereby found and determined that a petition has been filed re- The making of said improvements in accordance with said petitions is - M. P. JOHNSON',S PROSPECT HILLS IMPROVEMENTS ORDERED UPON 100% PETITION. The Village Clerk reported that petitions for sanitary. sewer and watermain to serve M. P. Johnson's Prospect Hills has been received in her office on May 6, 1968, signed by Woodwind Farms, Inc., M. P. Johnson, President, owner of all real property in sai-d M. P. Johnson's Prospect Hills. petitioner also requested the Council to assess the entire cost against the'property of such owner (over a period of tlree years). Councilman Shaw therupon introduced the following resolution and moved its Said adopt ion : .RESOLUTION ORDERING IMPROVEMENTS NOS. S. So 272 L1 AND W. M. 231 UPON PETITION THEREFOR BE IT RESOLVED BY THE VILLAGE COUNCIL of the Village of Edina, Minnesota, as follows: .1. It is hereby found and determined that apetition has been filed re- questing the Council to construct sanitary sewer and watermain to serve M. P. Johnson's Prospect Hills Addition, and to assess the entire cost against the property of petitioner, and that said petition has been signed by the owne'r of real property in said area where the "improvements are to be located. 1 2. The making of said improvements in accordance with said petitions is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3),-and shall be referred to in all subsequent proceedings as follows: * SANITARY SEWER IMPROVEMENT NO. 272 WATERMAIN IMBROVEMENT NO. 231 'and the entire cost of said improvements are hereby ordered to be assessed against the properties abutting in said M; P. Johnson's Prospect Hills ,, elected representatives of the American.Legion Post, owner of said prop- erty. Said petition also requested the Council to assess the entire cost against.the property of the American Legion Post No. 471, Councikman Shaw thereupon introduced the following resolution and moved - its adoption: m m 5/6/68 RESOLU~TO~~ .. ORDERING IMPROVEMENT NO. s. s. 273 UPON PETITION THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as fol- lows: 1. the council to construct a sanitary sewer improvement to serve the Edina American Legion Post No. 471, 4900 Eden Avenue, and to assess the entire cost against the property which is to be served by the improvement. 2. The making of said improvement in accordance with said petition is hereby designated and shall be referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 273. to be assessed against the property to be served by said improvement. Motion for adoption of the resolution was seco rollcall there were four ayes and no nays and It-is hereby found and determined that a petition has been filed requesting I The entire cost of said improvement is hereby ordered - BIDS AWARDED FOR SAND, BITUMINOUS MATERIAL, AND ROCK. Mr. Hite advised Council that recommendations have now been determined for purchase of sand, bituminous material, and rock, which award of bids has been continued from the meeting of April 15, 1968. Tabulations and recommendations were as follows: Concrete Sand: Fischer Sand & Gravel, low bidder, delivered to Edina at $1.30 per ton; Northwest- ern Gravel, second low bidder at $1.38 per ton, Hedberg & Sons, third low bidder at $1.40 per ton, and Western Concrete was high bidder at: $2.00 per ton; recom- mended award to Fischer Sand and Gravel for 4,000 tons of concrete sand. Buck Shot FA-4: Edward Kraemar & Sons, low bidder at $2.15 per ton; Shakopee Sand & Gravel,,second low bidder at $2.20 per ton and Northwestern Gravel was high . bidder at $2.33 per ton; recommended award to Northwestern Gravel for 2,000 tons at $2.33 per ton delivered as low bidders do not meet material sgecifications. Buck Shot FA-3: Fischer San & Gravel, second low biddeq aq $1.75 per ton; Edward Kraemar & Sons, third low bidder at $2.15 per ton; and Wester Concrete, high bidder at $2.50 per ton,: Becommended awqrd to Fischer Sand SC Gravel at $1.75 per ton delivered. bidder does not meet material specifications as called for. Edward Kraemar & Sons, low bidder at $2.25 per ton delivered; Fischer Sand & Gravel, second low bidder at $2.35 per ,ton, Western Concrete, third low bidder at $3.50 per ton, and J. L. Shiely, high-bidder at $2.85 per ton. bidder, Edward Draemar & Sons for 1,000 tons at $2.25 per ton delivered. - Base: Service, second low bidder at $.90 per ton; B & R Rock, third low bidder at $.l.OO per ton; and Edward Kraemar & Sons, high bidder at $1.00 per ton. Recornended award to Blacktop Service at bid of $.90 picked up. The Village has picked up this material in the past and convenience of Black Top on County Road 18 outweighs Fischer's Rosemount Plant. The amount is 3,500 tons. Limestone CA-5: Edward Kraemar & Sons, low bidder at $2.25 per ton delivered; Bryan Dresser-Trap Rock, second low bidder at $2.33 per ton; B & R Rock, third low bidder at $2.75 per-ton; and J. L. Sbiely, high bidder at $2:85 per ton. Recommended awara to low bidder, Edward Kraemar & Sons, at $2.25 per ton delivered, €or 1,500 tons, Sealcoat Chips: Only bidder was Bryan Dresser TrFp Rock at$510 per ton delivered. award to Bryan Dresser Trap Rock for 200 tons at $5.10 per ton delivered. Mix Bituminous Material: distance, bid $5.00 per ton picked.up. Roadways, all bid $5.00 per ton picked up. Recommended award to Black Top Service because of the short haul distance, for 4,500 tons at $5.00 per ton. Asphalt MC: Northwestern Refining, low bidder at $.lo72 per gallon; W. H. Barber, second low bidder at $.lo75 per gallon; Richards Oil, also at $.lo75 per gallon; and Black Top Service , high bidder at $.1350 per gallon, picked up. ,award to Richards Oil Company at $.lo75 per gallon for 3,500 gallons picked up. Richards-Oil kompany is located in Savage while the other two low bidders are in St. Paul. Richards Oil-Company, low bidder at $,1100 per gallon picked up; Northwestern Refining, second low bidder at $.1197 per gallon; Western Oil &Fuel, third low bidder at $.1200 per gallon; and Black Top Service, high bidder at $.1450 per gallon. Mapco Sand & Gqavel, low bidder at $1.50 per ton delivered; 2,000 tons. Low Coarse Aggregate: pecpmmended award to low Gravel Fischer Sand & Gravel, low bidder at $.85 per ton picked up; Black Top Recommended Elack Tob Service, the bidder with the shortest haul Ready- Bury & Carlson, Midwest Asphalt; and Reigger Cut-Back I- Recommended Cut-Back Asphalt RC: Recommended award to Richards Oil Co. at low . bid of G.1100 per gallon for 100,000 gallons picked up. Asphalt: mended award to Vestern Oil & Fuel for 15,000 gals. at $.27 picked up. Rubberized Seal-Coat TJestern Oil &Fuel, only bidder at $,2700 per gallon picked up. Recom- Stabilizing Xsp€ialLt: mended award to Western Oil &Fuel for 25,000 gallons at $.228 picked up. Western Oil & Fuel, only bidder at $.228 per gallon picked up. Recom- 5/6/68 I v3 e U U 3 Councilman Courtney's motion for award to recommended bidder in all' cases was then seconded by Councilman Johnson and unanimously carried. SANITARY SEWER NO. 270 BID AWARDED. Mr. Hite presented tabulation of four bids taken informally on May 6, 1968, for Sanitary Sewer No. 270. Tabulation, shpwed G. L. Contracting, Inc., low bidder at $3,764.00, Phelps Drake Go., Inc., second low bidder at $5,279.80, Orfei ti Sons, Inc., third low bidder at $5,409.96, and Pet- er Lametti Construction Co., high bidder at $5,787.00 as against Engineer's estimate of $4,222.00. -for award to recommended low bidder, G. L. Contracting Co., Inc., at $3,764.00. PETITIONS IkCEIVED. Courtney and carried, the following petitions were received and accepted for processing : , Councilman Courtney's motion was then seconded by Councilman Johnson Upon motion of Councilman Johnson, seconded by Councilman 1. 2. Watermain - Interlachen Circle 3. Storm Sewer - Killarney Shores Addition Watermain and Permanent Street Surfacing and Concrete Curb and Gutter - Walnut Drive between W. 59th Street and Vernon Avenue I - ALLEY VACATION HEARING DATE SET FOR ALLEY BETWEEN JACKSON AND VAN BUREN AVENUES, and between Maloney Avenue and Belmore Lane for June 3, 1968, by motion of Coun- cilman Johnson, seconded by Councilman Shaw and carried. MULTIPLE RESIDENCE ZONING MORATORIUM CLARIFIED. Mr. Hite directed the attention of Council to the Planning Commission minutes of May 1, 1968, which requested interpretation as to the decision relative to the moratorih in multiple resi- dence development in the C-1 and C-2 Sewer Districts. Planning Commission had requested permission to proceed to consider all facets of multiple developments other than the sanitary sewer question in order that land i use plans for western and southern Edina could continue to develop. Councilman Courtney questioned the wisdom of permitting R-2 construction and was advised that this use should not tax sewer capacities. Council concurred with Councilman John- son's recollection that all zoning requests could be considered with actual zoning changes to be withheld pending the results of the sanitary sewer survey, and that R-2 construction be authorized. LOT 2, HAYDEN ADDITION DIVISION APPROVED. Frank Hayden for lot division of property on the southeast corner of Benton Avenue and Hansen Road. Mr. Hite noted that Planning Commission has recommended approval of Mr. Hayden's request to add the westerly 50 feet of Lot 2 to Lot 1. tions being heard and upon the advice of the Village Attorney that no public hear- ing is necessary, Councilman Johsnon offered the following resolution and moved its adoption: $8 RESOLUTION WHEREAS, Frank N. Hayden and Ida H. Hayden, husband and wife, are the owners of a certain parcel of land in the Village of Edina described as the West 50 feet of Lot 2, Hayden Addition, and WHEREAS, said owners have requested approval of the Village of Edina of the con- veyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulation of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of.0rd- inance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of the resolution wa rollcall there were four ayes and no nay He also pointed out that - Mr. Hite presented the request of Mr. No objec- 5/6/68 1 LOTS 11 AND 12, BLOCK 12, MENDELSSOHN ADDITION DIVISION rdiich had been continued from March 6, 1968, was further continued to June 3, 1968, by motion of Councilman Johnson, seconded by Councilman Shaw and carried. METRO U. S. ZONING REQUEST HEARING DATE SET. seconded by Councilman Shaw and carried, June 17, 1968, was set as hearing date Upon motion of Councilman Johnson, for the reiuest of Metro U. S, for Planned Industrial Distric.t zoning for the area north of Interchange Center. . NORMAN. CONSTRUCTION COMPANY ZONING REQUEST HEARING DATE SET. cilman Shaw, seconded by Councilman Courtney and carried, June 3, 1968, was set as hearing date for the request of Norman Construction Company for R-4 Multiple Residence District zoning for the southwest quadrant of Valley View Road and Wood- dale Avenue. KILLARNkY SHORES PRELIMINARY PLAT APPROVAL HEARING DATE was set for. June 3, 1968, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. Upon motion of Coun- ,. L BILWDRE HOTEL ON-SALE BEER LICENSE APPROVED. Upon being advised by Mr, Hite that corrections have been made in the plumbing facilities at the Biltmore Motel, Coun- ciJman Courtney's motion for approval of the Biltmore Notel's On-sale Beer License was seconded by Councilman Shaw and carried. TEDMAN PROPERTY CONDEMNATION ORDERED. Mr. Hite recommended that Council proceed under the "Dilapidated Building Law!' for removal of the structure at 4429 Valley View Road which is owned by Emma J. Tedman. describing the deficiencies of the building were presented and reviewed. man Johnson offered the following resolution and moved -its adoption: Pictures of the building and a report Council- A RESOLUTION ORDERING THE STRUCTURE AT 4429 VALLEY VIEW ROAD TO BE REMOVED FROM THE PROPERTY - l?HEXEAS. Minnesota Statutes, 1965, State Statute 463.15-.26 empower the Village Council to order the owner of any hazardous building in the municipality to repair or remove the same within a reasonable time; and of Edina has been inspected by the Edina Health Department and by the Edina Build- ing Inspector and the Council, based.upon.the evidence adduced by such investig- ations, finds that said structure is a hazardous building within the meaning of Minnesota Statutes, 1965, State Statute 463.15, subd. 3, in that the foundation supporting the structure has cracked and is sinking, the structural members of- the building have sagged and are out of plumb to such an extent as to make the structure unsafe, the roof leaks, the ceiling has sagged and plaster has fallen off, and the stairwell from the first floor to the basement is in a state of dis- repair; and WHEREAS, the Council has been advised that the record owner of such parcel of land and building is Emma J. Tedman and that E. 0. Hartwick is the vendee thereof under an unrecorded contract for deed; of said structure is hereby ordered and directed to remove it from said premises within 30 days of service of an order on the owner directing such removal as pre- scribed by the statute and that such order be served as provided in said statute; and . BE IT FURTHER RESOLVED THAT in the event this order is not complied with or an answer is not filed within 20 days of the date of service 05 this order upon the owner, the Village Attorney is hereby authorized and directed on behalf of and in the name of the Village of Edina to make application to the District Couct of-Hennepin County for summary enforcement of this order. Motion for adoption of the resolution was seconded by rollcall there were four ayes and no nays a WHEREAS, the dwelling structure located at 4429.Valley View Road in the Village - THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF EDINA THAT the owner ourtney and on I APPRAISAL REQUESTED FOR VILLAGE PROPERTY AT WEST 50TH STREET AND T. H. 100. Mr. Hite advised Coumcil that the land west of the Village Hall and east of Minnewawa Avenue which is owned by the Village is scheduled to be taken as part of the im- provement of T. H. 100, The Village Assessor and other members of the staff feel that the offer for two parcels at $102,700 is considerably less than the value of 5/6/68 c .~ ' the pr P nd it is recommended that an independent appraisal be made. Councilman Johnson's motion authorizing an appraisal, which should cost approximately $200, was seconded by Councilman Courtney and carried. M.N. & S, RAILROAD REQUEST FOR CROSSING AUTHORIZED. Mr. Hite advised Council that the M. N. & S. Railroad had requested permission to install a private spur crossing over Dewey Hill Road south of the new Gabbert's warehouse, and that the railroad company will modify the present signal system to assure safe cros- sings. adoption: RESOLUTION BE IT RESOLVED that approval be granted by the Village Council permitting con- struction by the Minneapolis, Northfield and Southern Railroad'of a spur track across Dewey Hill Road at grade to serve~industrial warehouses in the area. Councilman Johnson then offered the following resolution and moved its SOUTHDALE LIQUOR STORE-LEASE DECISION CONTINUED TO JUNE 3, 1968. Mr. Hite advised Council that while the rate for the<prime area at the Southdale Liquor Store has remained the same, the rate on basement storage has gone from $1.20 to $2.00 per square foot per year. be continued until June 3$ 1968, was seconded by Councilman Shaw and carried. Councilman Johnson's motion that the matter -BOARD OF REVIEW TO BE HELD JULY 11, 1968. Clerk advised that the County had set July 11, 1968, for Board of Review, whereupon Councilman VanValkenburg's motion that the time be set for 5:OO p.m. was seconded by Councihan Johnson and carried. SUIT INSTITUTED FOR REMOVAL OF TREES AT 4212 SCOTT TERRACE. Mr. Hite advised Council that suit had been instituted by Mr. Walter Kallen for removal of trees from his property at 4208 Scott Terrace in connection ~7ith the construction of Storm Sewer 111. the insurance company. - The matter has been referred to the Village Attorney and to I IMPROVEMENT HEARING DATES SET for June 17, 1968, for proposed construction of a storm sewer in the alley at 58th and Beard Avenue South and for paving of Valley View Road by motion of Councilman Johnson, seconded by Councilman Shaw and carried. HOT WATER HEATER PURCHASE APPROVED FOR MUNICIPAL SWIMMING POOL. spector Bahneman advised Council that the water heater at the Municipal Swimming Pool is in need of replacement and that he and the Park Board recommend purchase of a tank type heater with tubes running through it, which type heater was re- commended by the Minneapolis Gas Company. He stated that similar heaters have been used satisfactorily for five years for heating large volumes of water. cause the tank and.gas burner are sold by two different companies and the cost, therefore, is under $2,000 per unit, it will not be necessary to take formal bids. man Shawls motion approving purchase of the hot water hearer was seconded by Councilman Courtney and carried. Plumbing In- Be- Cost of the heater-being included in the Park Department budget, Council- SIGNAL MAINTENANCE AGREEMENT AUTHORIZED FOR INTERSECTION OF T, H. 100 AND WEST 70TH STREET. Maintenance Agreement No. 864-R be'tween the Village and the Minnesota Highway Department which provides that the State shall relamp, clean, and paint the traffic control signals on a reimbursable basis and further, that all provisions of Maintenance Agreement No. 864-R shall apply. Councilman Johnson then offered tfie following resolution and moved its adoption: Mr. Hite recommended execution of a supplementary agreement to RESOLUTION BE IT RESOLVED that the Village enter into a maintenance agreement with 'the State of Minnesota, Department of Highways for the following purposes, to-wi t : To provide maintenance on a traffic control signal on Trunk Hwy. #lo0 and West 70th Street in accordance with the terms and conditions set forth and contained in the attached Maintenance Agreement,a copy of which was before the Council. BE IT FURTHER RESOLVED that the mayor and clerk be and they hereby are authorized to execute such agreement, and thereby assume for and on behalf of the Village all of the contractual obligations contained therein. 1 5/6/68 rollcall there were four ayes and no nays and NORTHERN STATES POWER TO COMMENCE UNDERGROUND WIRING INSTALLATION. Mr. Hite advised Council that Northern States Power has agreed to commence installation of underground 3-phase feeder wires to replace the wires which run up and down major streets in the metropolitan area. He advised that Northern States Power has set up a program of $60,000,000 to replace the existing overhead 3-phase system within a ten year period. He added that N.S.P. was requesting that both municipalities and the State Legislature reconsider their methods of taxing new investments by utility companies. Mr. Hite noted that he anticipates that both net7 and replacement installations of this type will be made in Edina this summer. CLAIMS PAID. carried for payment of the following claims: General Fund, $30,414.13; Construc- tion, $1,626.90; Swim Pool, $2.10; Golf Course, $4,186.82; Arena, $940.53; Parks, $2,252.44; .Park. Construc tion, $1,675.35 ; Liquor, $42,236.39 ; Water, $1,434.72 ; Sewer, $989.01; Poor, $94.90; Total, $85,853.29; and for confirmation of the following claims: General Fund, $41,185.99; Construction, $243.15, Golf Course, $957.31; Swim Pool, $13.63; Arena, $934.51; Parks, $317.46; Liquor, $28,103.36; -Water, $4,479.88; Sewer , $2,65 3.17 ; To tal, $78,888.46. Motion by Councilman Johnson was seconded by Councilman Shaw and The agenda's business having been covered, CQuncilman Shaw's motion for adjourn- ment was seconded by Councilman Courtney and carried. Adjournment at 9:55 p.m. ? LGA. &L, Village Clerk 4 ..