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HomeMy WebLinkAbout19690407_regular66 -( "I-TES' OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, bRIL 7, 1969 Nembers answering rollcall were Councilmen Courtney, Johnson and VanValkenburg who served as Mayor Pro Tem in the absence of Nayor Bredesen. "UTES of March 3 and 17, 1969, were approved as submitted by motion of Council- man Johnson, seconded by Councilman Courtney and carried. FIRE FIGHTER FRANKWELUIAN COIWNDED. Fighter Frank Wellman upon his completion of the tlunicipal Fire Administration course offerkd by the International City Elanagers' Association, pointing out that this is just one example of the way in which Village employees strive to improve their ability to better serve the community. PUBLIC HEARIKGS CONDUCTED ON PROPOSED IMPROVEEIENTS: NUMEROUS IMPROVEMENTS CON- 27 and April 3 and of Mailing on March 28, 1969, were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded: A. CONSTRUCTION OF PEREIANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN Arctic Nay Opposition to this improvement was indicated by a show of hands in the audience in reply to a question asked by Mayor Pro Tem VanValkenburg, whereupon Council- man Johnson's motion to contiriue rhe hearing to epril 21, 1969, when more than three Councilmen would be present was seconded by Councilman Courtney and carried. B. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN 'Mr. Hyde presented total estimated project cost at $12,773.24, proposed to be assessed against an estimated 1,764.31 feet at an estimated cost of $7.24 per assessable foot. received prior thereto. C. Mayor Pro Tem VanValkenburg commended Fire - TIBILJED TO APRIL 21, 1969. Affidavits of Publication in the Edina Sun on March Nordic Circle from Creek Valley Road to Creek Valley Road No persons were present to offer objections and none had been CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURG AND GUTTER IN THE FOLLOWING : Ohms Lane from South line of Edina Interchange Center 3rd Addition North West 72nd -Street from Ohms Lane to cul-de-sac Mr. Hyde presented total estimated constructibn- cost at $72,402.54, proposed to be assessed against an estimated 2,383.815 square feet at an estimated cost of $0.0304 per assessable square foot. ience, and ncme had been received prior thereto. (See Resolution Ordering Im- provement later in Minutes.) E). CONSTRUCTION OF PEREiANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN (See Resolution Ordering Improvement later in Minutes.) I to cul-de-sac No objections 'vere heard from the aud- THE FOLLOIJING: Schaefer Road from Vernon Avenue to Killarney Lane Killarney Lane from Schaefer Road to Vernon Avenue Vgew Lane from Vernon Avenue to Schaefer Road Mr. Hyde presented estimated project cost at $55,305.74, proposed to be assessed aginst either 9,313.32 assessable feet at $5.94 estimated cost per assessable foot or against 90 lots at an estimated cost per assessable lot of $614.51. objections were heard from the audience and none had been received prior thereto. (See Resolution Ordering Improvement later in Minutes. No E. F. G. H. I. J. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Crescent Drive from Benton Avenue to the North line of Lot I, Block 2, Edina Countryside extended CONSTRUCTION OF PEREIANENT STREET SURFACING ANI) CONCRETE CURB AND GUTTER IN THE FOLLOI?ING : Virginia Avenue from West 60th Street to Valley View Road CONSTRUCTION OF PERE~ANENT STREET SURFACING AND CONCRETE CURB ANI) GUTTER IN THE FOLLOWING: -. Virginia Avenue from West 62nd Street to Crosstown Highway CONSTRUCTION OF PERMANENT, STREET SURFACING AND CONCRETE CURB AND GUTTER IN Chowen Avenue fromWest 60th Street to West 61st Street Benton Avenue from Josephine Avenue to Hansen Road North-South Alley between York. Avenue and Xerxes Avenue and between West East-West Alley between York Avenue and. the North-South Alley between York I - CONSTRUCTION OF PERMANENT STREET SUR~ACING ANI) CONCRETE CURB AND GUTTER IN CONSTRUCTION OF PORTLAND CEMENT CONCRETE ALLEY PAVING IN THE FOLLOVING: . 56th Street and Nest 57th Street Avenue and Xerxes Avenue 4/7/69 1 K. CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND WATERMAIN IN Interlachen Circle from Interlachen Road to Interlachen Road CONSTRUCTION OF WATERMAIN, PERWNENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Valley View Road from Hillside Road to Hansen Road Hillside Road from Valley View Road to Tracy Avenue Crescent Drive from Hillside Road to IJestridge Blvd. Crest Lane from Westridge Blvd. to cul-de-sac Ridgeway Road from Tracy Ave. to Westridge Blvd. Crescent Drive from Nestridge Blvd. to Countryside Road Hunter Street from 'Westridge Blvd. to Crescent Drive Highland Road from Tracy Avenue to Orescent Drive Arbour Lane from Tracy Avenue to Arbour &venue Westridge Blvd. from Valley View Road to Highlarid Road L. Opposition to improvements E through L was indicated by a show of hands in the audience in reply to a question asked by Mayor Pro Tem VanValkenburg. He recommended that in view of some opposition to these improvements that the hear- ings be continued to April 21, 1969, so that a~.l~as~lfau~_membens.o~-Co~~cil r?ould bg-.,pre&ent $6 as :to satisfy the statuEory-requirement of 4/5 favorable rollcall vote if the improvements should be authorized. Councilman Courtney then moved that improvements E thru L be continusd until April 21, 1969, which motion was seconded by Councilman Johnson and carried. offered the following resolutioa and moved its adoption: Councilman Johnson then RESOLUTION ORDERING STREET'IEPROVEMENTS NOS. BA-140;' BA-144 AND BA-147 BE IT RESOLVED by the Council of the Villcge of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1. CONSTRUCTION OF PERMANENT STREET SURFACING,AND CONCRETE CURB AND GUTTER IN Nordic Circle from Creek Valley Road to Creek Valley Road THE FOLLOWING : Ohms Lane from South line of Edina Interchange Center 3rd Addition North West 72nd Street from Ohms Lane to cul-de-sac THE FOLLOIJING: Schaefer Road from Vernon Avenue to Killarney Lane Killarney Lane from Schaefer Road to Vernon Avenue View Lane from Vernon Avenue to Schaefer Road and at the hearing held at the time and place specified in said notice, petitions requesting the improvements having been received, the Council hgs duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improve- ments including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and mainten- ance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: * 2. CONSTRUCTION OF PERMANENT ST~EET SURFACING AND CONCRETE CURB AND GUTTER IN to cul-de-sac 3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN No. 1 Above 'STREET IMPROVEMENT NO. BA-140 No. 2 Above STRBET IMPROVEMENT' NO. BA-146 No. 3 Above STmET IMPROVE€GNT NO. BA-147 and the area to be specially assessed therefore for Street Improvement BA-140 shall include Lots 1 thru 7, .Blo.ck 1 and Lots 1, 2 and 3, Block 2, Nordic Circle Addition, Parcel #6210 (Part of Lot 26) Auditor's Subdivision #196; and the area proposed to be specially assessed therefore for Street Improvement .BA-144 shall include Lots 1 thru 14 and Lots 16 thru 22, Block 1, Edina Inter- change Center 3rd Addition; and the area proposed to be specially assessed for Street Improvement No. BA-147 shall include Lots 1 thru 7, Block 1, Lots 1 thru 26, Block 2, 1 thru 30, Block 3 and Outlot A, Killarney Shores. Motion for adoption of the resolution w on rollcall there were three ayes and n ORDINANCE NO. 261-180 GRANTED FIRST READING. Affidavits of Notice were pre- sented by Clerk, approved as .to. form and.ordered placed on file. Mr. Hoisington i 4/7/69 who noted that this ordinance creates a planned Residential District which provides for a development concept which fqill provide a means for encouraging variation and flexibility in the development of residential areas, uses permitted in the Single Family Dwelling District, two-family dwellings, townhouses, apartments and certain recreational facilities will be permitted. Following questions and amendments to the ordinance as proposed , Councilman John- son offered Ordinance No. 261-180 for First Reading as follows: All: principal OWINANCE NO. 261-180 AN ORDINANCE CREATIJSG THE PLANNED RESIDENTIAL DISTRICT I AND REGULATING USES THEREIN: ANENDING THE ZONIJSG ORDINANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: is hereby amended to read as follows: Section 1. Section 2 of Ordinance No. 261 (Zoning Ordinance) of the Village "Section 2. DISTRICTS ESTABLISHED For the purposes of this ordinance, the Village shall be divided into the following districts, and the uses of structures and lands, the height of buildings and the area of premises for buildings are to be uniform in each district: Single Family Dwelling District (Section 3) Nultiple Residence District (Section 4) Planned Residential District (Section 5) Automobile Parking District (Section 6) Regional Medical District (Section 7) Office Building District (Section 8) Commercial District (Section 9) Planned Industrial bistrict (Section 10) The boundaries of said districts shall be as further provided herein. ing shall be erected or premises used-'for any purpose unless in compliance with the use, height, area and other regulations and restrictions prescribed for the district in which such building or premises are located.*' Sec. 2, Section 5 (Automobile Parking District) of said Ordinance No. 261 is hereby renumbered Section 6. Sec. 3. as follows: No build- I There is hereby created a new Section 5 of said ordinance reading "Section 5 "PLANNED RESIDENTIAL DISTRICT "1. Purpose. The planned development concept is rapidly emerging as a means for encouraging creativity, imagination, variation and flexibility in the development of residential areas. ICs basic characteristic is the clustering of housing in an effort to preserve and protect natural amenities, to provide large expanses of usable open space, to reduce development costs and yet to maintain single family densities within the overall Planned Residential District. Its purpose is to create a new high-quality, low-density residential encironment having a mixture of housing types in a functional and natural setting. 2. Objectives, The following objectives shall be considered in reviewing any petitions or applications for Planned Residential District zoning: (a) 'Po encourage ehe grovksibn oSaopenospace?an& ~ecreatiopal-~a~ilS~~~s ..%n ~anS~~cf~~n:TJ,ith-residen~i~~d~y~lo~men~s, (b) To encourage developers to use a more creative and imaginative approach in the development af residential areas. (6): To provide-an enjoyable living environment by preserving existing top- ography, stands of trees, ponds, flood plains and similar natural assets. (d) To encourage a variety of living environments and an agreeable mixture of housing types. (e) To permit a degree of flexibility in environmental design which is not possible under current regulations. 3. Requirements for the Establishment of Planned Residential Districts. Before a petition or application for Planned Residential District zoning may be acted upon, the following conditions must be met: (a) The planned development site shall he cot less than ten acres in area, shall be under the control of one owner or group of owners, and shall be cap- able of being planned and developed as one integral unit. of acres therein multiplied by four. set aside for common use of the home or lot owners within the planned residential development under legal procedures which shall also give the Village a covenant or interest therein, or shall be dedicated to the Village so that there are assur- ances that the required open space shall remain open. (b) (c) The number of dwelling units within the site shall not exceed the number A minimum of 2,000 square feet of open space per dwelling unit shall be 69 4/7/69 4. Boundaries of Planned Residential District. The boundaries of the Planned Residential District shall include' the lands rezoned by the Village 69 9 a Council as provided in Paragraph 8 of Section 5 of this ordinance. 5. (a) (b) Two-family dwellings. (c) (d) Specific Uses Permitted in Planned Residential District. All of the Principal Uses permitted in the Single Family Dwelling District and'accessory garages and parking facilities. Townhouses , apartments and other similar housing types. Recreational facilities as permitted in paragraph 2 of Section 3 of this ordinance. Recreational facilities may also include swimming pools. The use of recreational facilities may be restricted to use by the owners or occupants of the lots located within the site and their guests. * 6. Yard and Site Requkrements. (a) Maximum height of structures: (b) Two stories for single and two-family dwellings and three stories for all other structures. Minimum number of parking spaces required: (1) All residential &elling units: 2 enclosed spaces per dwelling (2) Other permitted uses: 'as provided in Paragraph 5 of Section 3 of this ordinance. Setbacks from streets designated by the Planning Department as col- I ' unit. (c) lectors , arterials , expressways or freeways and from Planned Residential District boundaries shall be required in accordance with Paragraph 4 of Section 3 of this ordinance. Setbacks from collectors, arterials, expressways or free- ways and Planned Residential District boundaries for townhouses or apartments shall be 35 feet or the height of the building, whichever is greater. 7. Open Space Requirements. Open space, tree cover, recreational area, scenic vista and other authorized open space shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot or home owners within the development and their guests, or shall be dedic- ated to the Village as park land far the use of the general public. The plan- ning Commission shall determine which of these aptions is more appropriate and shall recommend to the Village Council one of the following procedures: The open space land shall be conveyed by the tract owner or owners to a home owner's association or other similar nonprofit organization so that fee simple title shall Ee vested in such organization, provided that suitable arrangements'have been made for maintenance of said land any any buildings thereon, and provided further, that an open space easement for said land shall be conveyed to the Village to assure that open space land shall remain open, or park or recreational purposes by the tract owner or owners. is determined to be in the best interest of the Village, the owners shall not be compelled to improve the natural condition of said open space lands. 8. Procedure for 'Planned ResidenCial District Zoning and Subsequent nevelopment . (a) Ahlication. to Planned Residential District shall be filed as provided in paragraph 7 of Section 15 of this ordinance, upon forms made available for that purpose, by the owner or owners of the enti're land area to be so zoned. drawings , drawn to scale, showing sthe following information: (a) (b) The open space land shall be dedicated to the general public for I kJhere this option A petition or application, for rezoning from any district (b) Data Required. Every application shall be accompanied by maps and (1) Existing topography, existing tree cover, water bodies and other natural amenities; the location of existing streets and buildings; surrounding'land use; and any other pertinent hformation felt to be.necessary to the evaluation of the porposal; and the location of proposed structures and streets, common open areas, proposed final gr'ades and all dimensions. (c) Review. Within 45 days, the Planning Department shall review the (2) Preliminary site plans for the proposed dqvelopment showing application and submit it to the Village Planning Commission. shall thereafter be acted upon in accordance with paragraph 7 of Section 15 of this ordinance, except as herein otherwise provided. and shall grant preliminary approval or disapproval of the rezoning. liminary approval is granted, the owners or developers of the property may prepare an overan development plan for final approval by the Planning Commis- sion and Council. mitted to the Planning Commission and shall include the following: The application (d) Council Action. The Village Council shall conduct a public hearing If pre- (e) Overall Development Plan. (1) A detailed site plan showing all proposed streets, structures, An Overall Development Plan shall be sub- parking areas, utility easements, common open areas, recreational facilities, and a landscape schedule. 4/7/69 (2) A boundary survey and legal description of the entire tract covered by the application, prepared by a registered land surveyor. A preliminary layout of all proposed watennains, sanitary sewers, and storm drainage facilities together with profiles for all street roadways. A general overall grading plan indicating final grades and dir- ection and destination of surface drainage. Elevation drawings of all proposed structures except detached single family dwellings. Copies of all proposed- protective covenants, agreements and pro- visions which govern the use and maintenance of common open areas. The owner's or developer's contemplated development schedule. (3) (4) (5) (6) (7) (f) Final Approval.. The Planning Commission shall report favorably upon the (1) (2) (3) (4) The Council may accept or deny the findings of the Planning Commission and thereby approve or disapprove of the Overall Development Plan, If the Overall Development Plan is approved, the rezoning shall be granted final approval . \ Filing. Planning Department. Revisions and/or Changes in the Overall Development Plan. (1) Overall Development Plan only upon finding that: The proposed development will not be detrimental to properties surrounding the Planned Residential District. The proposed developnient is consistent with the comprehensive devel- opment plan Eor the Village. The overall design fully accommodates and preserves the natural amenities of the Planned Residential District area. The proposed development provides a proper relationship and quality between natural features, common open space, and living space. (g) (h) The approved Overall Development Plan shall be filed in the Ifinor changes in the location and placement of buildings may be authorized by the Village Planning Department where unforseen circumstances such as engineering requirements dictate such change. Changes in structural types, in the shape and arrangement of lots and blocks, in the allocation of open space, and all other changes which affect the overall design of the project shall be referred to the Planning Commission for report and recommendation, after which the Village Council shall hold a public hearing and shall decide to either approve or deny the changes in the Overall Development Plan. If such changes are authorized, the owners or developers shall sub- mit a revised plan showing the authorized changes. Section 11 (Definitions) of said Ordinance No. 261 is hereby amended (2) Sec. 4, by adding thereto the following additional definition: 'Townhouse' - A one-family dwelling unit attached to other suchunits by common walls side by side. Sec. 5. This Ordinance shall be in full force and effect immediately upon its passage and publication. ZONIEG ORDINANCES CONTINUED FOR SECOND READING. passage of Zoning Ordinance Amendments, Councilman Courtney's motion continuing Second Reading for Ordinances 261-181, 261-182, 261-183 was seconded by Council- man Johnson and carried. Because 4./5 vote is required for CREEK VIEW HEIGHTS ADDITION GRANTED PRELININARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington recalled that this hearing had been continued from-March 17, 1969, He noted that two proposals have been presented for this 40 acre tract of land which is located North of Valleu View Junior High School and which was once pro- posed to be purchased by the Village for park and recreation purposes. ning Commission has recommended approval of the plat which creates two long cul-de-sacs as opposed to the recommendation of the Staff for a road which would continue all of the way. through from the East to the West portions of the plat. Mr. Hyde noted that when the area to the East was platted, it was always in the Village plans that this street would go straight through and that the number of homes in the area make this imperative from a standpoint of Police and Fire pro- tection. ents the committee appointed-at the Planning Codssion Meetipg, took issue with Mr. Hyde, saying that lots on east Creek Valley Roadpere sold by the developer with zhe understanding that this road wouTd have a cul-de-sac, inasmuch as the Village intended to develop the Davis property as a park. ion, he was advised that the Village did not purchase Tracts A, B and C because The Plan- . 31r. R. H. Anderegg, 5848 Creek Valley Road, who advised that he repres- In reply to his quest- 4/7/69 the price was too high, but that Tract B is part of a required dedication to protect Nine Mile Creek. Messrs. R. D. Benson and R. M. Hayes of the 5800 block of Creek Valley Road, added to Mr. Anderegg's contention that east Creek Valley Road has such sharp curves and steep hills that it would be hazardous to channel additional traffic on it. It was pointed out by Councilman Johnson that if the road is that bad, it would not be condusive to heavy traffic. Mr, Bjorkman, 5824 Creek Valley-Road, said that because of the difficult ter- rain and poor soil conditions, this land should never have been developed in . the first place. He was told by Councilman Johnson that a property owner can- not be denied the right to develop his property. Messrs. Roger Freiberg, C. L. Sinsaas, R. W. Zuirk, H. L. Northfield, Jr. and W. B. Tarp, all of the 6500 block of Nordic Dr'ive, and Walter C. Larsen, 6209 Creek Valley Road, expressed disapproval of connecting the road as proposed. of an additional road which b70Uld be constructed to extend north to the Cross- town Highway. Mr. Hoisington advised tht this road would be impractical and expensive and would serve no need at this time, except to divert traffic from Creek Valley Road. Two unidentified ladies expressed concern that traffic on Creek Valley Road would be a hazard since the playground at Creek Valley School was not fenced. walk to school in the street. for the School District, said that he is concerned about the safety.of all school children, but that he had not had an opportunity to examine either of the pro- posed plats. Mr. J. A. Sieger, 6205 Creek Valley Road, complained that he had not received a notice of the hearing and t7as advised that he lived outside of the area to which notices were sent and that only published notice is required by law for platting hearings. fairest; solution would be to put the road through from both the east and west and divert the traffic between both areas. Following considerable discussion as to possible traffic patterns and alternatives as to roadway locations, Councilman Johnson's motion that Council not accept the recommendation of the Planning Commission, but grant Preliminary Approval to the proposal recommended by the Staff in which Creek Valley Road would gxtend between the two present Creek Valley Roads since thet two accesses would diffuse traffic, be more fair and equitable and afford better fire and police protection was seconded by Councilman Courtney and carried. and moved its adoption: They suggested the possibility They also expressed concern for children who would have to Mr, Donald Pyror, Director of Business Affairs A member of the audience commented that the He thereupon offered the following resolution RESOLUTION APPROVING &4?,LIMINARY PLAT OF CREEK VIEW HEIGHTS ADDITION BE IT RESOLVED by the Edina Village Council that that certain plat entitled "Creek View Heights Addition", platted by Seven Associates , Inc. , which in- cludes the extention of Creek Valley Road to the easterly extremities thereof where it will connect to the existing Creek Valley Road, and presented at the Meeting of thegVillage Council of April 7, 1969, be and is hereby granted preliminary approval. Motion for adoption of the resolution ~on~:rolZcall there were three ayes and MALIBU HEIGHTS ADDITION GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were pFpenked by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented Malibu Heights Addition for pkeliminary approval,-advis- ing plat which is located south of Parkwood Knolls 15th Addition, and which is pro- posed for double bungalow-zoning. In re 1 Mr. Hoisington advised that no hearing would be conducte'd on the zoning until No further discussion bei g heard, Councilman Courtney offered the following resolution and moved its a 2 option: (See correction in 6/16/69 Minutes)RESOLUTION APPROVING PEELIIIINARY PLAT OF BE IT RESOLVED BY THE EDINA VILLAGE COUNCIL that that certain plat entitled Walibu Heights Addition?', platted by Donald Berg, and presented at the Regular Heeting of the Edina Village Council of April.7, 1969, be and is bereby approved. in Preliminary form. Motion for adoption was seconded by Councilman Johnson and on rollcall there that Planning Commission has recommended approval of this twelve lot to a question from the audience, PY .after Final Approval. BIALIBU HEIGHTS ADDZTION were three ayes and no nays and the ATTEST: 4/7/69 SOUTJ3DALE REGISTERED LAND SURVEY GRANTED PRELININARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. 14.r. Hoisington presented this one tract registered land survey which is located on the east side of Yorlc Avenue, south of Vest 66th Street and north of Nest 67th Street, noting that it is the combination of three tracts into one parcel which will eventually be developed. offered the following resolution for Preliminary Approval of Southdale Registered Land Survey as recommended by the Planning Commission as follows: RESOLUTION APPROVING SOUTHDALE REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota that that certain Registered Land Survey, presented for approval by Dayton Development covering property located on the east side of Yorlc Avenue, south of West 66th Street and North of Vest 67th Street and presented at the Edina Village Council Neeting of April 7, 1969, be and is hereby granted preliminary approval. rollcall there were three ayes and no nays an No discussion being heard, Councilman Johnson sere presented by Clerk, approved as to form and ordered placed on file. Hoisington presented Gleason Fifth Addition for Preliminary Approval, noting that this four lot plat is located south of Vernon Avenue just west of Gleason Road. Nr. Dean Alcins, its developer, is proposing R-2 development on three of the easterly lots and Outlot: D will be dedicated to the Village. Johnson thereupon offered the following resolution granting Preliminary Approval subject to the dedication of Outlot D, as recommended by the Planning Commission and moved its adoption: llr. Councilman RESOLUTION APPROVING PRELININARY APPROVAL OF GLEASON FIFTH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Gleason Fifth Addition'' (and referred to in Planning Commission IIinutes as "Viking Hills 4th Addition"), presented for approval by Dean &ins at the Regular Neeting of the Edina Village Council be and is hereby granted Preliminary Approval, subject to the dedication of Outlot ij to the Village of Edina. Notion for adoption of the resolution was on rollcall there were three ayes and no n IJ. 65TH STREET VACATION HEARING CONTINUED TO APRIL 21, 1969. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Upon the advice of the Village Attorney that 415 vote would be necessary for approval of the vacation of W. 65th Street between Ryan Avenue and Parnell Avenue, Councilman Courtney's motion continuing the hearing until April 21, 1969, vas seconded by Councilman Johnson and carried. BIDS AWARDED FOR ARTICULATED AERIAL TOWER AND TRUCK. Mr. Hyde presented tabu- lation of two bids received in response to Advertisement for Bids in the Edina Sun endConstruction Bulletin on April 10, 1969. given for the Articulated Aerial Tower at $13,999.81 and for the combination tower and truck at $17,449.00. $16,014.50.was bid by Chas. Olson & Sons, Inc. for the aerial tower only. bidder, Northwest Tel-E-Lect was seconded by Councilman Johnson and carried. Northwest Tel-E-Lect's bid was I Councilman Courtney's motion &6r award to recommended PETITIONS RECEIVED. Councilman Johnson's motion was seconded by Councilman Courtney and carried to accept the following petitions for processing : 1, ' Curb 2. Fleetwood Drive aqd Lanham Lane - Permanent Street Surfacing and Kemrich Drive and Lanham Lane - Oiling .I BRIAN ITIPPERELANN EIEblORBXL GUN SAFETY PROGRAN TO BE ESTABLISHED. Council that Dr. and Nrs. F. F. Wippermann have indicated that they will assi3t Nr. Hyde advised 4/7/69 .% '8.3 I financially in sponsoring the Brian Wippemann Memorial Gun Safety Program in the Village by backing the project costs up to $3,000 to $4,000 annually for a period of ten years. support in both money and manpower, and the program will work through the Edina Park Department. Dr. and Mrs. Wippermann and the Edina Optimist Club with tIianks was seconded by Councilman Johnson and carried. HYDE PARK FINAL PLAT APPROVAL CONTINUED TO APRIL 21, 1969. Hyde Park is not quite ready for Final Approval, Councilman Johnson's motion continuing the matter to April 21, 1969, was seconded by Councilman Courtney and carried. The gdina Optimist Club has indicated its active Councilman Courtney's motion accepting the offer of Being advised that GENEVIEVE ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Hoisington presented Genevieve Addition for Final Plat Approval, noting that the problems concern- ing the subdivision have now been resolved and that' final approval has now been recommended by the Planning Commission. Councilman Johnson thereupon offered the following resolutioniand moved its adoption: ; RESOLUTION APPROVING FINAL PLAT OF GENEVIEVE ADDITION BE IT RESOLVED by the Edina Village Council that that certain plat entitled maGenevieve Additiod: Meeting of the Edina Village Cougcil of April 7, 1969, be and is hereby approved. Motion for adoption of the resoluti on rollcall there were three ayes a platted by Genevieve M. Cardarelle and presented at the MENDELSSOHN ADDITION HALIQUIST REPLAT GRANTED FINAL APPROVAL. Mr. Hoisington presented Mendelssohn Addition Hallquist Replat for Final Plat Approval as recommended by the Planning Commission, whereupon Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAi MENDELSSOHN ADDITION HALLQUIST REPLAT BE IT RESOLVED by the Edina Village.Counci1 that that certain plat entitled "Mendelssohn Addition Hallquist Re$3BG3' Lois P. Hallquist, husband and wife, and presented at the Meeting of the Edina Village Council of April 7, 1969, be and is hereby approved. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were three ayes and ATTEST : platted by Carl R. Hallquist and SCENIC VALXEY ADDITION ADDITION AND INdIAN HILLS ARROWHEAD ADDITION PRELIMINARY PLAT APPROVAL HEARING DATE SET for May 5, 1969, be motion of Councilman Courtney, seconded by Councilman Johnson and carried. W. 77TH STREET INTERCHANGE PROGRESS REPORT REPORT GIVEN. Mr. Hyde reported that excellent progress has been made in legislation which would permit the Village of Edina to loan funds to the Minnesota State Highway Department in order that the T.H. 100 - I?. 72th Skreet'interchange could be constructed at an earlier date than had been proposed by the State Highway Department. The bill has now passed kthe House of Representatives and Senator Bergerud is having a committee meeting this week. Highway Department Officials to iron out details and that as soon as the land acquisition has been completed the project will be started. noted that he had received a number of telephone calls questioning the effect of this project on Edina taxes and that he had pointed out that this improve- ment would not increase Edina taxes in any way. He further advised that he had met with Mr. Hyde further HIGHWAY DEPARTMENT OFFER FOR VILLAGE HALL PROPERTY QUESTIONED. Mr. Hyde advised Council that .the State-Highway Department had made an original-offer of $98,000 for Village Hall property needed 'lipr construction of the T.H. 100 interchange at St 50th Street. dential land, an appeal was made to the Highway Department for a more realistic price, whereupon the new offer was made for only $80,700. Councilman Courtney's motion authorizing the Village Mamger to continue negotiations with the Hi-ghway Because this property had been valued as resi- 4/7/69 - Department was seconded by Councilman Johnson and carried. . MULTIPLE RESIDENTIAL DISTRICT REZONINGS IN C-1 AND C-2 SANITARY SEGJER DISTRICTS - EXTENDED NINETY DAYS. Mr. Dunn recalled to Council that on April 15, 1968, a moratorium had been placed on all Nultiple Residence District rezonings (except R-2 Multiple Residential District) in the C-1 and C-2 Sanitary Sever Districts, which moratorium would be effective until May 1, 1969. He noted that the field work for the study which had been ordered by Council at that time had been com- pleted, but that an*analysis of the study had not yet been made. by Mr, Dunn, Councilman Johnson's motion extending the moratorium for ninety days was seconded by Councilman Courtney and carried. HUMAN RIGHTS COMMISSION RECOMMENDATIONS TO BE FOLLOVED. Mr. Hyde advised that Commission, who requested that the Village advertise for minority personnel in "The Observer", *!The Twin City Courier" and "The Spokesman'' and to also include "Equal Opportunity Employer" in newspaper ads. mendations will be followed and that he will attempt to learn the names of min- ority employment offices. As recommended . he had received a letter from Nr. Richard Byrd, Chairman of the Human Rights Mr. Hyde noted that these recom- PARKING RESTRICTIONS CONTINUED TO MY 5,'1969. of Commerce had not yet been contacted on $he'*rrp_pased-phrkiirig restrictions at * 50th and France and that residents of 57. 54th Street had not been contacted on parking restrictions for their street. Councilman Johnson's motion that restric- tions on parking on France Avkquc, W. 54th Street and F?:66th Street be continued until May 5, 1969, was seconded by Councilman Courtney and carried. Mr. Hyde advised that the Chamber . HENNEPIN COUNTY LIBRARY CIRCULATION STATISTICS presented by Mr. Hyde showed that Edina circulation was higher than that of any of-the other suburban libraries, and added that these results are due largely to the work of the Library Staff. LAND ACQUISI.TT(sN APPROVED FOR'EDINA BUSINESS DISTRICT IMPROVEMENTS. Mr. Hyde N advised that 72 square feet of Dr. Miles Hirshey's.property at 5101 Gorgas Avenue is needed for the France Avenue Business District improvements, at a cost of $3.00 per square foot. and fence be constructed along the eight foot drop adjacent to hispproperty along the diagonal route, Dr. Hirshey then stated that he had an independent estimate made which indicated that his property is worth considerably more than the $3.00 per square foot offered by the Village. He suggested the trade of a triangle of land from the Gaulke property measuring fourteen feet at the rear of his garage and tapering down to the front of his lot so that he could make and maintain his own buffer; this trade to be made for the 72 square feet of his land needed by the Village. Mr. Hoisington advised that this is not an equitable exchange as far as land area is concerned but suggested that it might be a reasonable solution, recommended the acquisition of portions of the Hauschild, David Thomas, Pure Oil and Shell Oil properties for $3.00 pe'r square foot and of the Irizarry property at $1.50 per square foot. moved that the Village trade the triangle of the'Gaulke property to Dr. Hirshey for the 72 square feet of Dr. Hirshey's property, that the Hauschild, David Thomas, Pure Oil Company and Shell Oil Company properties be purchased at $3.00 per square foot and that the Irizarry property be purchased at $1.50 per square foot. ayes and no nays and the moticin was carried. Dr. Hirshey asked' for assurance that. a retaining wall ' He was assured that this would be installed. Mr.'Hyde Following considerable discussion, Councilman Courtney Motion was seconded bysouncilman Johnson and on rollcall there were three CHURCH PROPERTIES PLACED ON TAX ROLLS. salist Church at 50th Street and Minnehaha Pkwy. has taken steps to place their parsonage located on Philbrook Lane on the tax .rolls. Mr. Hyde also advised of the receipt of $100 from the Community Lutheran Church in appreciation of fire and police protection and stated that Christ Presbyterian Church has placed their parsonage on the tax rolls. Colonial Church of Edina has also placed at least one of their parsonages on the tax rolls. the following resolution and moved its adoption: BE IT RESOLVED that the Edina Village'Council appreciates and commends the First Universalist Church, Edina Community Lutheran Church, Christ Presbyterian Church and Colonial ChuYch of Edina for their action of public spirit in placing some of their properties on the Village tax rolls and.in-malcing a voluntary contribution Mr. Hyde advised Council that the Univer- Councilman Johnson thereupon offered RESOLUTION OF APPRECIATION I in appreciation of fire and police protection. r Notion for adoption of the resolution was and carried. 4/7/69 1 PARKING RANP ASSESSMENT LEGISLATION FOR EDINA BUSINESS DISTRICT ?Sport was given by Mr. Hyde who advised that the House of Representatives has recom- mended passage and that the bill will probably go to the Senate later this week DOG LICENSE ORDINANCE CONTINUED TO JUNE 2. dog licenses presently are r'ssned on May 1 which is a busy time of year for the Cashier and recommended that the date is issue be changed to January 1. Councilman Johnson said that. perhaps dogs should not. be licensed at all' since he does not feel that :he Village does anything for the *owners of the dogs. Mr. Hyde said that the Village does perform a service inasmuch as a license serves as a means of identification if t;he dog is lost or piclFed up by the dog catcher and that this fee helps to cover the cost of patrolling the Village for dogs which are running loose. possibility of issuing one license only for the life of the dog. some discussion, Councilman Johnson's motion deferring the matter t,o full Council on May 5 and extending the 1968-69 dog licenses until June 6 was sec- onded By Councilman Courtney and carried. T.H. 100 BRIDGE OVER MINNEHAHA CREEK APPROVAL CONTINUED. Mr. Hyde noted that: he has' not been able to contact all property owners concerned with the T.H. 100, whereupon Councilman Johnson's motion continuinigz.the matter to May 5, 1969 , was 'seconded by Councilman Courtney and carried. T.H. 100' FROM I?. 62ND STREET TO INTERSTATE HIGHNAY 494 APPROVAL was set @'r May 5, 1969, by motion of Councilman %hnson;-secodde$ Ey-CouhciIman Cauffney and carried. , k, Mr. Hyde advised Couqcil that Councilman Courtney suggested the Following ,' - ORDINANCE NO. 134-2 GRANTED FIRST READING. llr. Hyde presented Ordinance No. 114-2 for First Reading, noting that this ordinance prohibits use of barbeque units on the balconies of multiple dwellings and apartment houses when these units are of wood construction. number of apartments constructed from wood and thar the use of barbecue units on balconies of these apartments is highly dangerous. Fdllowing some discus- sion, Councilman Courtney offered Ordinance No. 114-2 for First Reading as follows : Chief McNellis advised that there'are a ORDINANCE NO. 114-2 AN ORDINANCE PROHIBITING OPEN FUME FIRES IN CERTAIN MULTIPLE DWELLINGS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: €urther amended by adding thereto Sections 6 and 7, reading as follows: kindle, maintain or permit any fire or open flame on any balcony of a multiple dwelling or apartment building in any barbecue, torch or similar hearing, burn- ing or lighting equipment or hevice, except in dwellings or buildings of all masonry construction. nance shall upon conviction be fined not more thaq $100 or imprisoned for not more than 90 days, and shall also be liable to pay the costs of prosecution." passage and publication. Section 1. Ordinance No. 114 of the Village, as amended, is hereby "Sec. 6. Open Flame Fire on FJooden Balcony. No person shall,set, %ec. 7. Penalty. Any person violating any provision of this ordi- Sec, 2. This ordinance Shall be in full force and effect upon its u3 m TAX FORFEITED LANDS RECONVEYED TO STATE OF MINNESOTA. certain lands in the former Village of Morningside are no longer needed since the storm sewer has been installed and recommended that these Eax-:fojsfeited. . %and5 be reconveyed to the State of Minnesota. Councilman Courtney thereupon offered the following resolution and moved its adoption: WHEREAS, the following described tax forfeited lands in the former Village of Morningside are no longer needed for drainage purposes: Mr. Hyde advised that RESOLUTION Lot 14, William Scott's, Addition Lot 25, Morningside and Lot 13, Block 1, Minikahda Vista 3rd Addn. So. 35 feet of Lot 26, Morningside Lot 30, Morningside Lot 31, Morningside tot 76, Morningside I NOI?, THEREFORE, BE IT RESOLVED that the Mayor Pro Tem and Clerk of this Village are hereby-authorized and directed to convey the property listed above baclc to the State of Minnesota for resale and said officials shall execute such conveyance herewith, in form approved by the Attorney General. Motion for adoption of the resolution was seconded by Councilman Johnson and 4/7/69 on rollcall there were three ayes and ATTEST : 3 Village Clerk BIDS TO BE TAKEN FOR VARIOUS IMPROVEMENTS. Councilman Courtney offered the following resolution and moved its adoption authorizing Advertisement for Bids for Storm Sewer No. 117 and Ditching and Street Improvements BA-110 and BAr148: Upon the recommendation of Mr. Dunn, RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS EOR -STREET DPROVEXENTS BA-110 AND BA-148 ANI, STORM SEmR NO. 117, DITCHING BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the vollowing Advertisement for Bids fo&s, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids for improvements : (Official Publication) HENNEPIN COUNTY, &lINNESOTA STOI& SEWER NO. 1lZ DITCHING VILLAGE OF EDINA ApvERTISEMENT FOR BIDS .. SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 I?. 50th Street, at 11:OO a.m., Friday, May 2, 1969, and the Edina Village Council will meet at. 7 :00 p.m., on Monday, Nay 5,* 1969, to consider . said bids for the construction of Storm Sewer and Ditching. The following are approximate quantities of major items : STORM SEVER NO. 117 6100 1600 C/Y Excavation * 1200 L/F 12" to 54" R.C.P., 0-14' Depth 95 Each, Nanholes and Catch Basins C/Y Class 5 Gravel, 8'; thick 100 Tons, Bituminous Naterial for street repair 500 C/Y 1" - 1%" Rock .. 3000 S/Y Cultured Sod DITCHING 1500 L/F Ditching lJorlc must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). specifications with a bona fide bid. No bids will be considered unless sealed Said deposit to be returned upon return of the plans and and accompanied by cash deposit, bid bond or certified check payable to the Vil- lage Oferk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all*bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. . Florence B. Hallberg Village Clerk * (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, 3II"ESOTA ADVERTISEMENT FOR BIDS PLANT MIXED BITUMINOUS SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. BA-110 AND IMPROVEMENT NO. BA-148 BIDS CLOSE'MAY 2, 1969 I 8 SEALED BIDS will be be received and opened in the'council Chambers in the Edina Village Hall, 4801 I?. 50th St., at 11:OO a.m., Friday, May 2, 1969, and the Edina Village Council will meet at 7:OO p.m., on Monday, May 5, 1969, to . consider said bids for the construction of Plant Mixed Bituminous Surfacing and Concrete Curb and Gutter. The following are approximate quantities of major items: I PLANT MIXED BITUEIINOUS SURFACING ANI, CONCRETE CURB AND GUTTER IMPROVEMENT NO, BA-110 AND DPROVEXENT NO. BA-148 10,600 G/Y Common Excavation 12,000 S/Y of Class 5 Gravel 6'' Thick 620 S/Y of Class 5 Gravel 8'! Thick 12,000 ~ S/Y of Class 4 Gravel 8'! Thick 11,015 s/?$ of 5%'' Bituminous Paving 4/7/69 77 k 11,015 S/Y of Seal. Coating 700 L/F 12'' R.C.P. Storm Sewer 4,260 200 3,000 S/Y Sodding L/F B6-18 Curb and Gutter S/Y Portland Cement Concrete Driveway Paving Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). glans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Said deposit to be returned upon return of the The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk .Motion for adoption of the resolution was seconded by Councilman Johnson and Village Clerk TRIPS AUTHORIZED IN CONNkCTION WITH MUD LAKE FINANCING. '. Mr. Dalen advised that two sets of appraisals have been received for properties needed by the Village for the Mud Lake improvements. week and it is hoped that the completed report can be ready before the en3 of April. app go to Chicago to visit the H.U.D. office and that Nr. Hyde and Councilman Johnson visit appropriate offices in Washington, I). C. in order to expedite receipt of funds for the Nud Lake project. Councilman Gokrtney's motion was seconded by Councilman Johnson and carried authorizing the trips recommended by Mr. Dalen. Revised appraisals are expected later this He recommended that Messrs. Hyde, Rosland, Thomas Erickson and D. Hod- INDIAN HILLS &REA STREET SURFACING REQUESTED. long it-would be before permanent street surfacing would be installed in Indian Hills streets. Mr. Hyde reminded Mr. Christgau that hearings were conducted on the street improvement at the time that the watermain was installed and that property owners had objected strenuously to the proposed street improvement. Me. Hyde recommended that Mr. Christgau circulate petitions in the neighborhood to find out if feelings of property owners have changed enough to warrant another hearing. AERIAL LADDER PAYMENT AUTHORIZED. Councilman Johnson's motion was seconded by Councilman Courtney and carried, authorizing paymEnt €&E the aerial ladder which the Fire Department recently purchased, in order to take advantage of the discount offered. Mr. Roger Christgau asked how COUNm BIDS APPROVED FOR CH&ICALS, FERTILIZERS, HERBICIDES . by Hennepin County for Chengcals, Fertilizers and Herbicides to be used by the Village were noted and approved by motion of Councilman Courtney, seconded by Councilman Johnson and carried. Contracts awarded LIQUOR REPORT as of January 31, 1969, was presented by Mr. Dalen, reviewed, and ordered placed on file by motion of Councilman Johnson, seconded by Councilman Courtney and carried. CLAIMS PAID. Motion of Councilman Johnson was seconded by Councilman Courtney and carried for confirmation of payment of the following claims as of May 28, 1969: General Fund, $34,951.80; Construction Fund, $6,341.61; Park, Park Con- struction, Swimming Pool, Golf-Course & Arena, $7,423.87; Water Fund, $1,068.08; Liquor Fund, $6,483.39; Sewer Rental Fund, $417.90; Total, $56,686.65; and for payment of the following claims as per pre list dated April 7, 1969: General Fund, $27,283.37; Construction Fund, $1,966.67; Park, Park Construction, Swim Pool, Golf Course and Arena, $7,736.44; 'TJater Fund, $6,349.59; Liquor Fund, $62,859.65; Sewer Rental Fund, $4,748.02; Total, $110,943.74. I TM ag&rida's business having been covered, Councilman Courtney's motion' for adjournment was seconded by Councilman Johnson and carried. Adjournment at 4340. 57/ lage Clerk 4