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HomeMy WebLinkAbout19681202_regular3 19 MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELTI AT VILLAGE HALL ON MONDAY, DECEMBER 2, 1968 MEMBERS answering Rollcall were Councilmen Courtney, Shaw and Johnson who served as Mayor Pro Tem in the absence of Mayor Bredesen and Councilman VanValken- burg. MINUTES of October 28, 1968, were approved as .submitted by motion of Councilman Shaw, seconded by Councilman Courtney and carried. PATROLMAN WILLIAM J, IIALSH RECOGNIZED upon completion of a correspondence course in Nunicipal Police Administration offered by the Police Training Institute of the University of Illinois: Mr. Hyde noted that this is just one example of the interest of the Edina Police Department to increase their usefulness to the community.. . I R-4 ZONING GRANTED FIRST READING FOR 4409 VALLEY VIEW ROAD. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request of Rudy Trones Construction Company to rezone property at 4409 Valley View Road from R-1 Single Family Residential District to R-4 Multiple .Residence District. Trones has submitted his site plan which indicates 18 units in the building, with 26 parking spaces underground and that necessary variances have been granted by the Board of Appeals. Mr. Folke Victorsen, owner of an adjacent apartment building, and Mr. Neil Swant, 4428 Garrison Lane, spoke in favor of the zoning change. Mr. Richard Palen, 4440 Garrison Lane, asked if any fill was to be put in the pond at the rear of the property, noting that drainage problems would arise for property to the south and west if the pond should be filled in any way. a condition on the variance, indicating that an easement be granted to preserve the pond, even though engineering consultants have advised that the pond is vot necessary for drainage. Mr. Hoisington advised that there may be some question about the pond when a proposal is submitted for the area to the south. Ealen said that he owned the property to the south and that he had offered his land to the Village at no cost, if the Village would maintain it for a drain- age area. Councilman Shaw then offered First Reading of Ordinance No. 261-176 as follows: Mr. Hoisington advised that Mr. Mr. Hoisington advised that the Board of Appeals had imposed Mr. ORDINAPJCE NO. 261-176 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCq OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: 4, (Multiple Residence District) of Ordinance'No. 261 of revised ordinances-of the Village of Edina, as amended, is hereby furthei- amended by adding the follow- ing subparagraph: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section District R-4: "(29) That part of the SI? 1/4 of the SE 1/4 of Sec. 19, T. 28, R. 24 described as follows: said St7 1/4, 325.5 feet East of the Si? corner thereof; thence East 224.5 feet; thence Northeasterly 255.0 feet on a line, said line if extended would intersect the West line of said ST? 1/4 of SE 1/4, 277.0 feet North of the St7 corner thereof; thence Southwesterly to the point of beginning; also The East 200.0 feet of the West 525.5 feet of the North 150.0 feet of the Nd 1/4 of the NE 1/4 of Sec. 30, T. 28, R. 24, except that part taken for road" Beginning at a point-on the south line of Section 2. This Ordinance shall be in full force and effect from and after its publication and passage according to law. . I?. 65TH STREET N&E CHANGE CONTINUED TO DECEBIBER l6. Mr. Hoisington presented W. 65th Street from Valley View Road to Ridgeview Drive for street name change to "Valley Lane", advising that the Post Office has approved the change. Councilman Courtney said that he would favor this change but that he does not want to set a precident throughout the Village. that he would vote against the street name change but recommended that the matter be continued to December 16 so that the proposal could have benefit of full Council. 16, 1968, was then seconded by Councilman Shaw and carried. HYDE PARK PRELIMINARY PLAT APPROVAL CONTINUED TO DECEMBER 16, 1968. advised by Nr. Hoisington that the Hyde Park plat was not quite ready for pre- . Mayor Pro Tem Johnson advised Councilman Courtney's motion continuing the hearing until December Upon being 320 I 12/2/68 sentation , Councilman Shaw's motion continuing the hearing until December 16, 1968, was seconded by Councilman Courtney and carried. NOWDALE ADDITION KREISER REPLAT PRELIMINARY APPROVAL CONTINUED TO DECEEBER 16, 1968, Upon the recommendation of Mr. Hoisington, Public Hearing for preliminary approval of Normandale Addition Kreiser Replat was continued to December 16, 1968, by motion of Councilman Courtney, seconded by Councilman Shaw and carried. LOT 18 AND SOUTH ONE-W OF LOT 19, BLOCK 9, NOREIANDAIE SECOND ADDITION VARIANCE AGREED UPON BY PROPERTY OVNERS. Mr.'Hoisington recalled'to Council that the Board of Appeals had approved a variance for Lot 18 and the south' one-half of Lot 19, Block 9, Normandale Second Addition, to permit a 35.5 foot front yard setback. This eight foot setback variance had been appealed by Mr. John 11. Palmer, attorney representing Mr. A. T. Braun, the owner of the adjoining property. Subsequent agreement having been reached by the property owners to permit a 40.1' foot setback, or three foot variance, Councilman Courtney's motion remanding the matter back to the Board of Appeals for action' as recommended by the Village Attorney, ~7as then seconded by Councilman Shaw and carried. I KIEGBAY REGISTERED LAND SURVEY GRANTED FINAL APPROVAL. Mr. Hoisington presented a Xegistered Land Survey, located between Parklawn Avenue, West 76th Street, France Avenue and Parklawn Court, for final approval, advising that Mr. Curtis Kingbay proposed to divide the property into. two tracts for mortgage purposes. An apartment building is presently being constructed.on the westerly half of the property. recommended approval. Following some discussion, Councilman Courtney offered the following resolution and moved its adoption: Necessary variances have been granted and.Planning Commission has KINGBAY REGISTERED LAND SURVEY APPROVED BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain tract entitled "Kingbay Registered Land Survey" platted by Curtis W. Kingbay and presented at the Edina Village Council Meeting of December 2, 1968, be and is' hereby granted final approval. Notion for adoption of the resolution was call there were threeayes and no nays and t ATTEST: I I Ld.W/ Village Clerk T.H. 100 LANDSCAPE STUDY APPROVED. partment has agreed with the Village that all houses on the east'and west sides along T.H. 100 between Villson Road andoValley View Road are to be removed, leav- ing 50 to 100 feet outside the fencing, maintenance of which will be the responsi- bility of the Village, He recommended that the Village expend planning and high- way moneys up to $5,000 for a landscape study, providing the State Highway Department will go along with practical and sensible suggestions offered by the study. Plans would include recommendations regarding grading, plant material and possibly Service Road alignments for this property. Highway Department will generally approve the plan and agree to-pay for practical suggestions for plantings recommended by the study, Councilman Courtney's motion ~7as seconded by Councilman Shaw,and carried, authorizing expenditure of up to $5,000 for a landscape survey for T.H. 100. FIRST EDINA NATIONAL BANK JOINT CONTRACT AGREEMENT CONTINUED TO DECEMBER 16. Upon the recommendation of Nr. Hoisington, Councilman Shaw's motion continuing the First Edina National Bank joint contract agreement for use of the old Library site was seconded by Councilman Courtney and carried. Mr. Hyde recalled that the State Highway De- On the condition that the SANITARY SEWER 258 - VATERMAIN 219 DEFERRED ASSESSSNTS CONTINUED TO DECEMBER' 16, Nr. "hitlock advised Council that owners of Parcel 3810, S. 32, T. 117, R. 21 h ad signed the agreement deferring special assessments for Sanitary Sewer 258 and Vatermain 219, but that the Nortgagee had not yet signed the agreement. Council- man Courtney's motion that the Village Attorney instruct the property owner that unless the completed agreement is received by 9:00 a.m., December 16, 1968, the assessments will be levied as originally proposed, was seconded by' Councilman Shaw and carried. RUZIC PROCEEDINGS AUTHORIZED. meetings with Mr. Ruzic and telephone calls to Mr. Ruzic's attorney, he has re- Mr. Hyde advised Council that despite a number of 12/2/68 321 ceived nothing in writing from Mr. Ruzic regarding an easement or construction right for Outlots A and B, Sioux Trail Fourth Addition. that Council authorize proceedings against Mr, Ruzic with a suit for specific performance, since Mr. Ruzic had reneged on his promise to deed these outlots to the Village in exchange for approval of the Sioux Trail Fourth Addition plat and the R-2 zoning. relief to cancel the rezoning and the plat on the grounds of failure of con- sideration. Following some discussion, councilman. Shawls motion authorizing Mr. Whitlock to proceed with the suit for specific performance and, in the alternate, to cancel R-2 zoning and Sioux Trail Fourth Addition plat approval, was then seconded by Councilman Johnson and carried. Mr. Whitlock recommended Mr. Whitlock noted that he would ask for alternative SHELL OIL DEED RESTRICTION NOT RECEIVED. Mr. Whitlock advised Council that he has heard nothing from the Shell Oil Company attorney in regard to the deed . restriction for the Shell Oil property at Halifax Avenue and W. 50th Street. No building permit is to be issued until this document is received. LIBRARY CONTRACT APPROVAL CONTINUED TO DECEMBER 16. Library contract has been amended by Hennepin County and is now awaiting Council- man VanValkenburg's approval. Councilman Shawls motion continuing approval of the contract until December 16, 1968, was seconded by Councilman Courtney and Mr. Hyde advised that the- carried. .. ANIMAL CONTROL CONTRACT CONTINUED TO.FEBRUARY 3, 1969. Mr. Hyde recalled to Council that because of a letter from Mrs. John L, Mortison, 6808 Southdale Road, the contract with Tonka Kennels has not been signed for 1969. Mr. Cooley, owner of Tonka Kennels, has replied to the letter and has met with the Mayor and Village Manager. paper corporation, and B & E Animal Patrol has indicated its interest in sub- mitting a proposal. Mr. Hyde pointed out that although Tonka Kennels' contract is to be,renewed by December 1 of each year, Mr. Cooley has agreed to extend the contract until such time as the Village decides on the action to be taken. Mr. Hyde recommended renewal of the contract, advising that Tonka Kennels had originally been recommended by the Animal Rescue Society and that the Police Departmeot,feels that their performance has been satisfactory. He noted that Tonka Kennels had problems with some of their personnel during the summer, but that problem appears. to have been corrected. complaint of Mrs. Mortison and Mr. Narmack whose dog escaped and was killed on the highway, very few complaints have been received. Mr, A. D. Disston, Route 1, Rosemount, Minnesota, President of Pet Haven, Inc., of Minnesota, said that upon receipt of a number of complaints about Tonka Kennels early in 1968, Pet Haven had investigated these complaints and feels that Tonka Kennels have been negligent in the care and housing of animals and that some cases of cruelty have been reported. Mr. Disston said that since Pet Haven is a recognized animal human society, Council should consider its request to look to other sources for their animal contract. In reply to a question of Mayor Pro Tem Johnson, Mr. Disston advised that Pet Haven was never in the dog catching business, only a humane society, and that they differed from the Animal Rescue League in this respect. last Meeting, pointing out that there are not enough cages available at Tonka Kennels, and that no indoor runways are provided. referred to Mr. Cooley's letter sent in reply to Mrs. Mortison's letter, which stated that Tonka Kennels now have 136 kennels and that Tonka Kennels feed and water their animals as required by standards set forth by the State Livestock Sanitary Board. Mr. Robert Latz, attorney representing Metropolitan Kennels, advised that Metropolitan Kennels has submitted a bid which Mr. Hyde had indi- cated vas comparable to Tonka Kennels' and pointed out planned facilities which would be superior to those of Tonka Kennels, Mr. Hyde 'reminded Mr. Latz that the matter under discussion is the renewal of the Tonka Kennels contract and. not the consideration of other bids. Mr. William S. Rosen, attorney for Tonka Kennels, advised that Tonka Kennels would extend the contract on a month to month basis. Following considerable discussion, Councilman Shawls motion that the contract with Tonka Kennels be extended until March 1, 1969, that letters of agreement be exchanged by Mr. Rosen and. Mr. Whitlock, and that the matter be continued to February 3, 1969, so,that Council would have an opportunity to make unannounced inspections of Tonka Kennels, was seconded by Councilman Courtney and carried. A proposal has been received from Metropolitan Kennels, a He stated that outside of the Mrs. Mortison reiterated her statements made at the Mayor Pro Tem Johnson FRANCE AVENUE - CROSSTOTJN HIGHPJAY TRAFFIC SIGNALS COST SHARING DECISION CONTINUED. Upon recommendation of Mr. Hyde that since nothing further had been heard from the County Highway Department relative to the cost sharing agreement for traffic signals at France Avenue and the Crosstown Highway, Councilman Shawls motion that the matter be continued to December 16, 1968, was seconded by Councilman Courtney and carried. 321 A I 12/2/68 PURCHASE OF 5027 HALIFAX AVENUE AUTHORIZED. Upon recommendation of Mr. Hyde, Council- man Courtney's motion authorizing the Village Manager to offer an amount not to exceed $25,500 for the property located at 5027 Halifax Avenue, which property is needed for the 50th and France improvements, was seconded by Councilman Shaw and carried. MENTAL HEALTH AND ALCOHOLISM TAX LEVY SPREAD DISCUSSED. . lir. Hyde advised Council that Edina, Richfield, Bloomington, St. Louis Park and Crystal had appeared-in opposition at the hearing conducted with regard to the proposal of Hennepin County to levy a per capita tax, rather than a tax based on use, for mental health and alcoholism costs in Hennepin County. Mr. Hyde noted that Mr. Clay- ton Lefevre, City Attorney for Richfield, presented the legal artuments and indicated that although the sum involved was rather small and the mill rate dif- ference only about one-half a mill, he felt that the general good feeling which has recently developed between the County and the suburbs would be dissipated if this method of spreading the assessment is pursued. Mr. Hyde said that cur- rently more than one-half of the assessed valuation of Hennepin County is in the suburbs, so that the suburbs are paying a disproportionate share of County Welfare. Following some discussion, Councilman Courtney's motion authorizing the Village Attorney to see if it is feasible to commence a joint lawsuit against-the County was seconded by Councilman Shaw and carried. a I HEARING DATE SET FORVARIOUS INPROVEMENTS. Councilman Shaw offered the following resolution setting hearing date for Sanitary Sewer P-281, SJatermain P-240 and Grading and Graveling P-C-98 and moved its adoption : Upon the recommendation of Mr. Hyde, RESOLUTION PROVIDING FOR PUBLIC HEARING ON The Village Engineer, having submitted to the Council a-preliminary report VARIOUS IMPROVEEIENTS 1. as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improve- ments, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council.shal1 meet on Monday, December 16, 1968, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons inter- ested in said improvements, 3, The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two succzssive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected property owners in substantially the following form: I (Official Publication) VILLAGE OF EDINA = HENNEPIN COUNTY, IiINNESOTA NOTICE OF PUBLIC HEARINGS SANITARY SENER, WATERMAIN, GRADING AND GRAVELING - EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, December 16, 1968, at 7:OO p.m. to consider the following proposed improvements-to be con- structed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below : ESTGIATED COST I, CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: SANITARY SEWER NO. P-281 Vandervork Avenue from Division Street to 436 feet north $ 7,452.76 2. CONSTRUCTION OF VILLAGE WATERHAIN AND APPURTENANCES IN THE FOLLONING : WATERMAIN NO, P-240 Vandervork Avenue from Division St. to 436 feet north $ 9,028.80 .- 3. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING: GRADING AND GRAVELING NO. P-C-98 Vandervork Ave. from Division St. to 600 feet north $10,172.29 The area proposed to be assessed for the cost of the proposed sanitary sewer and watermain listed under 1 and 2 above includes Lots 1 thru 7 incl,, Block 15, Cleveland's Subdivision. The area proposed to be assessed for the cost of the proposed grading and graveling listed under 3 above includes Lots 1 thru 9 incl., Block 15, and Lots 14 thru 22 incl., Block 14, all in Cleveland's Subdivision. - Florence B. Hallberg Village Clerk 12/2/68 322 Motion for adoption of the resolution was.seconded by and on rollcall there were-three ayes adopted. and no ATTEST : Councilman Courtney J the resolution was I T.H. 100 PLANS TO BE REVIEilED BY METROPOLITAN COUNCIL REFEW COMMITTEE. Nr. Hyde advised Council that Mr. Dennis Dunn, Edina's resideqt who is on the Metropolitan Council, had pointed out that the Metropolitan Council's Referral Committee was considering the State Highway plan for T.H. 100 from Miracle Mile to Willson Road. Mr. Hyde said that the staff Transportation,Planner had decided that the plan worked out over the past six or eight years was im- proper and the matter has been referred back to the staff. He pointed out that if the Metropolitan Council is now going to pass on all projects that are ready for bidding after all details have been worked out, there will be a great delay in all construction in the metropolitan area. ORDINANCE NO. 263ifADOPTED. Mr. Hyde presented Ordinance 263A/which amends the Platting Ordinance, First Reading having been granted on Nove ber 18. comments being heard, Councilman Shaw offered Ordinance No. 263A/ f or Second Reading and moved its adoption as follows: No action was taken. -2 No ORDINANCE NO. 263A-2 &! ORDINANCE AMENDING THE PLATTING ORDINANCE (NO. 263) OF THE VILLAGE BY PROVIDING FOR CASH ESCROW TO SECURE SUBDIVISION FINANCING AGREEMENT. ' THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. amended to read as follows: "Sec. 7. Responsibility for Improvements : Subdivision Financing Agreements. In the case of plats situated within the Single Family LWelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements re- quired by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a sub- division financing agreement. filing the plat and the Village, shall obligate the Village to provide engin- eering services and construct the improvements, .and obligate such person to pay to the Village the cost of such services and const-mction, through pay- ment of special assessments, which shall be payable in three annual install- ments, provided, however, that the'village shall not be obligated to enter into such agreement if the developer does not file a bond or deposit cash in escrow as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will.jeopardize the Village's credit rating. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid oqprepain in full to the Village Treasurer or the County Treasurer. corporation approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financing agreement not paid in cash by the developer before or at'the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. deposit in escrow in a national or state bank having an ofzice in the Village, Cash in the full amount of the unpaid improvement costs, kogether with instruc- tions to the bank to pay: the money to the Village to the extent of any default by the developer in the payment of the special assessments." upon its passage and publication. . Notion for adoption of the ordinance.was seconded by Councilman Courtney and on rollcall there were three ayes and no yx$$ and the resolftion was adopted. Section 7 of Ordinance No. 26311. of the Village is hereby Such agreement, to be made' between the person "The bond herein required shall be given by the developer with a 'IIf the developer does not file such bond, he may in lieu thereof Sec. 2. This ordinance shall be in full force and effect immediately ATTEST : Mayorqro Tern Village Clerk d 323 12/2/68 I LIBRARY REPORT APPROVED. of November 30, 1968, which report was reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. TREASURER'S REPORT as of October 31, 1968, was presented by Mr. Dgleg reviewed and ordered placed on file by motion 'of Councilman Courtney, seconded. by Council- Mr. Dalen presented Library Construction Cost Report as man Shaw and carried. LIQUOR REPORT as of October 31, 1968, was presented by Mr. Dalen, reviewedsand ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried. SAFE DEPOSIT SIGNATURE CHANGE APPROVED. of George C. Hite, as one of three on the Village safe deposit boy, be changed I' * to allow the use of the signature of Florence B. Hallberg, Village Clerk. Council- man Shaw thereupon offered the following resolution and moved its adoption: RESOLUTION ESTABLISHING AUTHORITY TO ENTER SAFE DEPOSIT SAFE OF VILLAGE Mr. Hyde requested that the signature BE 1T.RESOLVED by the Village Council of the Village of Edina, Minnesota, that until written notice to the contrary is given by this Council to the Safe De- posit Department of First Edina National Bank, access to Safe Deposit Boxes (herein called safes) standing kh the name of this Village in the vaults of the above named bank shall be had by the following: Warren C. Hyde (signed) J. N. Dalen (signed) Florence B. Hallberg (signed) any two of whom shall have full authority to enter said safes and to make depos- its within or remove any part of or all of the contents thereof, to rent safes and to execute leases thereof in the name of this corporation, to amend or can- cel said leases, to exchange or surrender the safes, and in all other respects to represent this Village. Motion for adoption of the resolution was rollcall there were three ayes and no nays a I ATTES.T: . .. -- Mayor )?.ro/fem L-cc 43- YL-. Village Clerk W DESIGN OF BRIDGE OVER T;H. 100 AT MINNEHAHA CREEK QUESTIONED. Mrs. George Taylor, 4368 Vernon Avenue, urged that Council check into the T.H. 100 cross- ing proposed over Wnnehaha Creek to make sure that a bridge, rather than a culvert would be constructed. She was assured that the State Highway Depart- ment will be contacted so that definite plans will be learned. Mrs. Taylor noted that this portion of the highway is the northerly entrance to Edina and should be aesthetically pleasing, as well as constructed so as to allow cano- ists to pass under the highway. ** - STUDENTS FROM VALLEY VIE37 JTJNIOR HIGH SCHOOL CIVICS CLASS WELCOMED. Tem Johnson welcomed a group of boys who had observed the Council Neeting as representatives of their Civics class at Valley View Dunior High School. Mayor Pro CLAW PAID. and carried for payment of the following claims as per Pre-List: Notion by Councilman Courtney was seconded by Councilman Johnson General Fund, $10,565.46; Construction Fund, $961.25; Park, Park Con- ' struction, Golf Course and Arena, $2,001.49; Vater Fund, $320.85; Liquor Fund, $64,930.11; Sewer Rental Fund, $232.32; Improvement Funds, $716.40; Total, $79,727.86; and for ;conformation of payment of the following Claims: 11/22/68 Judie. M. Neville $ 106.00 General 11/22/68 Jerry's Super Center 378.86 Various Funds 11/22/68 ;Jerry's Foods 88.70 Various Funds 11/22/68 Black Top Service Go. 2,743 . 52 Various Funds 11/22/68 Continental Safety Equip. * 80.05 Various Funds 11/22/68 American Research Corp. 204.22 General 11/22/68 Commissioner of Taxation 6,189.38 Various Funds 11/22/68 Nestor Johnson Mfg. Co. 66.53 Arena 11/22/68 Ninneapolis City Treasurer 1,268.00 Water 11/22/68 Sanfax Corporation 252.33 Sewer 11/25/68 Secretary of State 82 .OO General The Agenda's business having been covered, Councilman Courtney's motion for ad- journment was seconded by Councilman Shaw and carried. Adjournment at 8:32 p.m.