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HomeMy WebLinkAbout19690818_regularMINUTES OF THE REGULAR EDINA- VILLAGE .COUNCIL HELD MEETING OF THE AT nLLAGE HALL ON . - - MONDAY, -AbGU$T 18, .1969 . 4:OO P,M. Members answering rollcall were Councilmen Courtney, Shaw,TVanValkenburg and Mayor Bredesen. MINUTES of July 21, 1969, were approved as amended to show that the Annual Audit had been submitted to Council; Minutes of August 5, 1969, were approved as submitted by motion of Councilman Shaw, Seconded by Councilman VanValkenburg and carried. POLICE SERGEANT ROBERT CHRISTY RECOGNIZED UPON RETIREMENT. introduced Police Sergeant Robert Christy and expressed regret at the retire- ment.of this dedicated Police Officer who has been with the Edina Police Depart- ment since 1951, Mr, Hyde added that Sergeant Christy has done a great deal in developing the Bicycle Safety Program and the School Patrols and wished him the best of luck on behalf of the entire Council and staff, Mayor Bredesen STORM SEWER IMPROVEMENT ST.S-120 APPROVED. project cost at $16,995.66, $11,093.01 of which is proposed to be paid by bo-4 State Aid Funds, c19 284,352 assessable square feet at an estimated cost of $0.0186 per square foot. He recalled that this project had been continued from August 4, 1969, inasmuch u3 as fourLfifths favorable vote had been necessary for approval and only three 03 i-1 63 Councilmen had been present at that meeting, It was further noted that no objections had been presented to the improvement: at the previous hearing. 'reply to an unidentified gentleman in the audience, Mr. Dunn reviewed the tabulation of bids received for the project and advised that if the contract is awarded, the improvement could be completed this fall. No further comments being heard, Councilman VanValkenburg offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina Village Council 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 improve- ment : Mr. Hyde presented total estimated The balance of $5,302.65 is proposed to be assessed against In - RESOLUTION ORDERING STORM SEWER 120 CONSTRUCZION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING: Hansen Road from South line of Lot 2, Block 1, E. V. Klopp's Subdivision to 440 feet North Minneapolis, Northfield and Southern. Railroad right-of-way to Hansen Road Easement line between Lots 2 and 3, Block 1, E. V. Klopp's Subdivision from and at the hearing be5d .at:the time and place specified in said notice, the Council has 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 improvement including all procee'dings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVEMENT 120; and the area to be specially assessed therefor shall include Lots 1, 2 and 3, Block 1, E. V. Klopp's Subdivision; Lots 1, 2 and 3, Block 1, Warden Acres Berg Replat; Lots 1 thru 12 inclusive, Block 3, Codes Highview Park; Lots 11, 12 and 13, Block 3, Melody Knolls 6th Addition; Lots 5 thru 8 inclusive, Block 1, Town's First Edina, Mofiion for ddoption of the resolution was on rollcall there were four ayes and no n ATTEST: %?L4&d.%o Village Clerk GRADING AND GRAVELING IMPROVEMENT ZyC-602 CQNTINIJFiD FOB .NINETY..:DAYS , mendedL. that upon the request of the gas company, hearing for Grading and : r: &.. Graveling Improvement P-C-102, which had been continued from May 19, 1969, be once more continued for ninety days. Councilman Shawls motion continuing the hearing as recommended by the Village Manager was seconded by Councilman Courtney and carried, Mr. Hydd recom- 8/18/69 PUBLIC HEARINGS CONDUCTED ON PROPOSED 'ASSESSMENTS. Assessment Hearings had been continugd from August 4,.1969, for Alley Improve- ment A-166, Sanitary Sewers 257 and 2,7& Watermains 218 and 230. Public Hearing was thereupon continued and action taken as hereinafter recorded: ALLEY IMPROVEESENT NO. A-166 SPECIAL ASSESSMENT HEARING CONTINUED. (Alley betweenHalifax Avenue and Minnehaha Blvd. from West 52nd Street to 461.47 El$; Hyde recalled that feet South) 1969, it was proposed to assess the alley at $2.87 per foot. was authorized, Nr. Chesley Carlson had offered to pay 20% of the project if 'e'ach of the other two abutting owners who use the alley for garage entrances would do likewise. An inspection of the all indicates that the George Kitchen property at 5221 Minnehaha Blvd.,-the Chesley Carlson property at 5225 Minne- haha Blvd., and the 0, J. Trainor property at 5212 Halifax Avenue are the only three properties using the alley for garage entrance. perties apparently get garbage pickup service from the alley. the Trainors have not indicated that they would pay any more than the proposed $2.87 assessment proposed. son property at 20% of the total cost ($493.30), with the remaining properties dividing the balance at $2.46 per assessable foot, or a total cost of $150.20, against the original proposal of, $175,93 per lot, Mrs. 0. J. Trainor said that there are actually four garages on the alley, one belonging to Carl ElGing at 5216 Halifax Avenue. the time but that the.Trainors do not use their garage very often. also stated that the alley had been widened by the property at 5217 Minnehaha Blvd., owned by George C, Pitzer, at Mr. Pitzer's request, and iqquired if this additional cost was included in the.amount proposed to be assessed. Mr. Hyde said that the minutes of the improvement hearing indicated a request by Mr, Pitzer that the ailey be.widened but that his request had not been approved. Councilman Courtney's motion was then seconded by Councilman Shaw and carried that the hearing be continued to September 8, 1969, so that the cost of the widened alley be investigated as recommended by Mayor Bredesen. Mr. Hyde recalled that at the assessment hearing of-August 4, When the project I' Four otherpro- The Kitchens and Mr. Hyde recommended assessment of the Chesley Carl- She added that.the Elvings use their ggrage a11 of Mrs. Trainor z SANITARY SEFJER NO. 257 SPECIAL ASSESSMENT LEVIED. WATERMAIN NO. 218 SPECIAL ASSESSMENT LEVIED. (Sanitary Sewer 257 - Valley View Road from existing trunk sewer near Braemar Park to Gleason Road, Dakota Trail, Cheyenne Trail, Cheyenne Circle, Blackfoot Pass, Indian Hills Pass, Cherokee Trail from Indian Hills Pass to Navaho Trail, Indian Hills Road from existing trunk sewer 300' west of Arrowhead Pass to Cherokee Trail, Arrowhead Pass, Indian Hills Circle, Mohawk Trail, Iroquois Circle from Mohawk Trail to 400' south, Shawnee Circle) (Watermain No. 258:- Valley View Road from Gleason Road to Proposed Mark Terrace Drive 1000' South of Dakota Trail, Dakota Trail, Cheyenne Trail, Cheyenne Circle, Blackfoot Pass, I_nd!an Hills Road from 300' West of Arrowhead Pass to Indian Hills Pass, Indian Hills Road from Navaho Trail to Cherokee Trail, Arrowhead Pass, Indian HiIJs Circle, Mohawk Trail, Iroquois Circle from Hohawk Trail to 150' South, Shawnee Circle) These two improvements affect- ing virtually the same properties, public hearings as continued from August 4, 1969, were conducted simultaniously. cost for Sanitary Sewer No. 257 was given at $432,111.68, proposed to be assessed against 142 connections at $3,043.04 per connection as against esti- mated assessment per connection of $2,700.56. Watermain 218 total assessable cost was given at $187,420.20, proposed to be assessed against 132 connections at $1,419.85 per connection as agqins.t estimated assessment of $1,094.51. Mr. Hyde recalled further that the hearings had been continued so that Councilman VanValkenburg could review the ve2batim minutes of the improvement hearing to see the intent of the resolution auFhorizing the improvements,relative to the Valley View Road properties" assessments .. Valley View Road properties in question could have been served with the Mark Terrace Drive improvements at a lower cost without going through the lift station, but that the addition of these properties to the Mark Terrace Drive improvements would have.increased the assessable cost of these improvements had they been authorized. been installed independently for the Valley View Road properties, the cost wouLd have been substantially higher than the present proposed assessment. Mr. Jack .Hallberg, 6308.Indian Hills Road, protested. the inclusion of his area in these improvements. Mr. James Bloom, 6825 Valley 'View Road, questioned Councilman Valkenburg's comments which were made at the improvement hearing relative to giving special asiiessment rates to the Valley View Roadproperties. VanValkenburg replied that he had only said that Councif.f?ould differences of various areas to a degree and that-it is this consideration that is now being discussed. very difficult to figure the exact cost of each area of the project and pointed out that if these two areas were given special consideration, other areas in the Mr. Hyde recalled that total construction Mr. Hyde explained that the four Mayor Bredesen remarked that if the improvements had Councilman to recognize Mr. Hyde advised that at this'point it would be I. 8/18/69 . assessment district would be apt to request similar consideration. He noted further that the Village had attempted to donstruct these improvements as inexpensively as possible for all involved. Mr. Bloom was advised that the Rolling Green, Hilldale and Prospect Hills improvements had all been'more cost&y than the improvements now under consideration, Dr. R. A. Christgau, 6500 Indian Hills Pass, protested the condition of his street and said that his property was left below grade, Mr, Hyde advised that the Village had done the best pos- sible in restoring the street within the limits of the projects, but that he would see that the grade would be restored. Dr. Chkistgau then complained that he is being assessed for an additional water tee when he already was served with water. Discussion ensued as to the size of Dr. Christgau's lot and the possibility*of a future division. He was then advised by Mr. Dunn that he would check into this matter. burg's motion authorizing assessments was seconded by Councilman Courtney and oarried. STORM SEWER NO. 113 SPECIAL ASSESSMENT LEVIED. (Killdpiey Shores Addition) Mr. Hyde presented Analysis of.Assessment.showing total construction cost at $9,253.03 proposed to be assessed against 875,155 assessable square feet at a cost of $0.01057 per assessable square foot. No comments were heard from the audience. (See Resolution Ordering Assessment later in Minutes.) * SANITARY SEWER NO. 271 (Killarney Shores) SPECIAL ASSESSMENT GVIED. Mr. Hyde presented Analysis of Assessment at $58,039.15, proposed to'be assessed against 65 assessable connections at $892.91 per connection. from the audience, No further comments being heard, Councilman VanValken- (See Resolution Ordering Assessment later in Minutes,) / No comments were heard (See Resolution Ordering Improvements later in Ninutes.) WATERNAIN NO. 230 SPECIAL ASSESSMENT LEVIED.(Hillarney Shores Addition) Mr. Hyde presented Analysis of Assessment at $50,865.10, proposed to be assessed at $782.54 against-65 assessable connections. No objections were heard from the audience. tion and moved its adoption: Councilman VanValkenburg thereupon offered the following resolu- RESOLUTION ORDERING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF SANITARY SEWER IMPROVEMENT NOS. 257, 271, BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: . 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on August 18, 1969, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set'forth in the assessment rolls on file in the office of the Village Clerk for the following improvements: Improvement Nos. 257 and 271, Watermain Improvements Nos. 218 and 230 and Storm Sewer Improvement No. 113 does not exceed the local benefits conferred by said improvements upon the lot, lfract or parcel of land so assessed, and all of said is.sessments are hereby adopted and confirmed as the propser assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. installments; together fiith.iiiterest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1970, to be payable with the general tdjresrfor 1969. The number of such annual installments shall be as follows: Storm Sewer No. 113, 10 installments; Sanitary Sewer No, 257 and Watermain No. 218, 20 installments; Sanitary Sewer No. 271 and Watermain No. 230, 3 installments; 4. a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any'right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treas- urer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution on rollcall there were four ayes and WATERMAIN IMPROVEMENT NOS. 218 AND 280, STORM SEWER NO. 113 The Village has given notice of hearings as required by law on the proposed Sanitary Sewer , The assessments shall be' payable in equal annual installments, the first of said The Village Clerk shall forthwith prepare and transmit to the County Auditor I' ATTEST : Mayor L/ d. &J4& Village Clerk f 8/18/69 LOT 3, BLOCK 1, CLIFTON TERRACE, ZONING CHANGE HEARING CONTINUED. "Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request of Mr. Gunnar Johnson for zoning change for Lot 3, Block 1, Clifton Terrace from R-1 Residential District to R-2 Multiple Residential Distriat. He recalled that this is the property which Mr. Bach had requested R-2 zoning three or four times ,and €ha& theseLprevious requests had always been denied. He noted that property owners in the neighbor- hood had requested that the hearing be continued until an evening meeting but that request had been withdrawn. In view of the fact that Mr. Johnson's attorney could not be reakhed, the zoning hearing must be continued to September 8, 1969, as had been requested, Mr. James Otto, 6324 Brookview Avenue, Mrs. Donald Johnson, 6312 Brookview Avenue, and an unidentified gentleman all protested the .proposed zoning and also the fact that hearings were held for the same property so often. Councilman Shaw's motion continuing the matter until September 8, 1969, so that petitioner could be present was then seconded by Councilman VanValkenburg and careied. . 8 Mayor Bredesen advised that all zoning requests must be heard. ORDINANCE NO. 261-190 SECOND READING CONTINUED TO OCTOBER 6, 1969, FOR hUJA PROPERTY REZONING. Upon being adv'ised that the petitioner had requested that this hearing be continued, Councilman Shaw's motion continuing Skcond Reading of Ordinance No, 261-190 to October 6, 1969, was seconded by Councilman BanValk- enburg and carried. ORDINANCE NO. 261-184 GRANTED SECOND READING: Mr. Hoisington presented Ordinance '261L184 for Second Reading, stating that %. Dean Akins has requested a zoning change for Lots 1, 2, 3, Block 1, Gleason V Addition from R-1 Residential Dist- .rict to R-2 Multiple Residential District, First ReadBng for which had been conducted on May 5, 1969. man Shaw offered Ordinance No. 261-184 for Second Reading and moved itk adopt- ion as follows: No objections being heard from the audience, Council- ORDINANCE NO. 261-184 AN ORDINANCE ANElbING ORDINANCE NO. 261 ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT (ZONING ORDINANCE) OF THE VILLAGE OF EDINA THE ' VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS : Section 1. 4 (Multiple Residence District) of Ordinance No. 261 of revised ordinances'of the Village of Edina, is hereby amended by adding the following sub-paragraph: Paragraph I, Multiple Residence District Boundaries of Section District R-2 : "(48) Lots One (l), Two (2), and Three (3), Block One (l), Gleason V Section 2. Addition"" This Ordinance shall be in full force and effect from and anValkenbur after its pa38agethd publication according to law. Motion for adoption of the ordinance.was s and on rollcall there were four ayes and n OSCAR ROBERTS FIRST ADDITION GRANTED PRELIMINARY APPROVAL. sented the request of Oscar Roberts Company for preliminary approval of Oscar Roberts Sirst Addition, stating that this plat is located 'south of IJ. 72nd Street and West of France Avenue, East of Oaklawn Avenue and North of Parklawn and khat it conforms to the plan for the Roberts property. as to probable use, Mr. Hammerland, 7128 Lynmar Langwas told that no guarantee could be made as far as future zoning requests were concerned. said that he is sure that if the present Council was still in office when any future zoning request ymld be made from R-1, that the request would be denied.. He added that he hopes that future Councils would be as firm as the present Council is trying to be. Councilman Shaw added that churches are permitted in R-1 Residential District zoning. No further comments being heard, Council- man Shaw then offered the following resolution ,and moved its adoption: BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Oscar Roberts First Addition", pi-esented at the Meeting of the Village Council of August 18, 1969, be and is hereby granted preliminary Nr. Hoisington pre- Following some discussion Mayor Bredesen RE SOLUTION 5/18/69 approval. GZd liotion for adoption of the resolution was and on rollcall there were four ayes an no, ayS an ATTEST: $. 7h, Village Clerk CALVARY LUTHERAN CHURCH VARIANCE APPEAL APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Hoising- ton recalled to Council that the Board of Appeals, on July 17, 1869, had granted a 12 foot front variance and a 7 foot side yard variance in order that the Calvary Lutheran Church could enlarge its facilities. Mr. J. R. Emmer, 6816 Antrim Road, had protested the variance, stating that he had received no notice of the Board of Appeals Hearing. It was noted that Mr. Emmer was not the owner of record. Mr. Emmer said that the variances as approved would detract from his property and suggested that the building addition be constructed on the East side. GlennBurmeister, representing the church, said that there was never any intent- ion on the part of the church to expand to the East because of an easement, and that the plan proposed will provide more green area. Mr. Hyde and Councilman VanValkenburg replied to Mr. Emmer's contention that approval of the variance would make a blind corner, by noting that the plan would provide adequate vis- ability. confirming the action of the Board of Appeals in granting the variances was seconded'by Councilman Courtney and carried. Mr. No further comments were heard, whereupon Councilman Shawls 'motion BRAEMAR ICE FACILITY BIDS CONTINUED. Clerk, approved as to form and ordered placed on file. Affidavits of Notice were presented by Mr. Hyde advised Council that bids had been received for grading and earth work and for the floor and piping which were within the estimate, but recommended awards be withheld be- cause specifications for the ice and recreation shelter were late in reaching contractors. ice facility was seconded by Councilman Shaw and carried. Councilman Courtney's motion continuing award of bids for the new PAMELA PARK LIGHT FIXTURES BID AWARDED. Mr. Hyde advised that only one bid was received for football lights at Pamela Park, said bid being from Edina Electric in the amount of $7,940.00. Edina Electric Company as recommended by the Village Manager was seconded by Councilman Courtney and carried. BIDS AWARDED FOR VARIOUS PUBLIC 'IMPROVEMENTS. bids for Street Improvements Nos. BA-149, BA-156, BA-J57, BA-161, BA-162 show- ing Blacktop Service Company low bidder at $62,144.60, Bury and Carlson, Inc. at $63,413.90, Hennepin Black Topping Co., Inc., at $64,759.00 and Matt Bullock Contracting Co., Inc., at $69,865.70 as against Engineer's estimate of $65,753.50. Tabulation of bids for improvements C-105, C-106, Storm Sewer Nos. SE:S-120, St.S.- 121, St.S-122, Ratermain Improvement Nos, WM-243, Wm-244, WM-248, WM-249, TW-250 and Hydrant Replacements and Sanitary Sewer 1mprovemen.ts Nos. SS-286, SS-287 and SS-288 showing Northdale Construction Co., Inc., low bidder at $217,310,30, Northern Contracting Co. at $225,862.20, G. L. Contracting, Inc., at $229,405.50, Peter Lametti Construction Co., $230,470.00, Don Parrott at $242,537.48 and MaDonald & Associates, $265,844.10 against Engineer's estimate of $180,390.50. Councilman VanValkenburg's motion awarding contract to recommended low bidders, Blacktop Service Company and Northdale Construction Co., Inc., was then seconded by Councilman Shaw and carried. EDINA AMERICAN LEGION POST 471 CLUB LIQUOR LICENSE REQUEST DENIED. presented the request of Edina American Legion Post 471 for a Club Liquor License. He recalled that a public hearing on this matter had been conducted on October 2,*1961, at the Wooddale School and that the application was unanimously denied. Mayor Bredesen said that he does not think that the situation has changed from that time, whereupon Councilman Courtney's motion denying the Club Liquor License was seconded by Councilman VanValkenburg and unanimously carried. PETITIONS RECEIVED. Councilman Courtney's motion was seconded by Councilman Shaw and carried, referring Sanitary Sewer and Watermain petitions to serve the Halla Property to the Engineering Department fqr processing and referring the petition for oiling of Parnell Avenue between W. 62nd Street and I?; 63rd Street to the Department of Public Works. Councilman VanValkenburgs motion awarding bid to I Mr. Hyde presented tabulation of Mr. Hyde HEARING DATES SET FOR VARIOUS ZONING MATTERS. ting Hearing Date for September 8, 1969, for the following zoning m'akkgss was seconded by Councilman VanValkenburg and carried: Councilman Courtney's motion set- J 8/18/69 I Edina Buildin , Inc. - Office Building District 0-1 to C-2 Commerciall)istr,ct- Housing, Inc. - R-1 Residential District to R-3 Multiple Resfdence District - John Monahan - R-1 Residential District to R-2 Multiple Residence District - Replat of Block 2, Carolane Addition - Preliminary Plat Approval Arcadia Avenue W. 45th Street Heath Glen Addition 1 LIBRARY CONTRACT DISCUSSED. Mr. Hyde recalled that the Edina Library is cur- rently being rented at $2.50 p'er square foot and that a request has been made by Hennepin County either for sale of the building or for a long term lease. Councilman VanValkenburg's motion authorizing the Village to enter into negoti- ation for a ten year lease at $3.75 per square foot was seconded by Councilman Shaw and carried. 8 MUTUAL AID FIRE DEPARTMENT CONTRACT APPROVED.T?JITH MINNEAPOLIS. Mr. Hyde rgcalfed that the Minneapolis Fire Department had remained aloof from any mutual aid agreements with the suburbs in the past, but that they are now willing to asfive at an understanding with a number or metropolitan suburbs. Eir. Hyde said that he concurs with Chief McNellis' recommendation that Edina enter into the mutual aid agreement with Minneapolis, whereupon Councilman Courtney's motion approv- ing entering into the agreement was seconded by Councilman VanValkenburg and carried. DISCRIMINATION COMPLAINT DIRECTED TO MINNESOTA HUMAN RIGHTS COMMISSION, Bredesen noted that a complaint charging discrimination by the Colony at South- date had been received by Council and that a copy had been sent to Commissioner Frank Kent. a copy of the letter, the matter be referred to him. Mayor Bredesen suggested to Father Richard Jeub that the Edina Human Rights Commission re-read the ordin- ance and take note of the fact that the commission is advisory.to the Council, Mayor Bredesen also directed that in the future, copies of correspondence from the Human Rights Commission to the Council should not be sent to any other kndiv- iduals, minutes be fully identified and spoke particularly of reference to a "Mrs. Shaw". Father Jeub replied that Ehe.Mrs. Shaw referred to in the Enutes was a book- keeper employed by the Colony a€ Southdale who had not been further identified at the meeting. In reply to a question of Mr. Hyde, Village Attorney Whitlock said that he will have his opinion on the legality of Council providing funds for the Commission hg the next Council'Meeting. the Contingency Fund had been depleted for 1969, moved the Minnesota Human Rights Commission. and carried unanimously. LOT DIVISION APPROVED FOR LOT 4, PROSPECT HILLS. Affidavits of Notice were mpresentedvby Clerk, approved as to form and ordered placed on file. Mr. 'Hois- ington presented the request of Mr. and Mrs. A. R. Predriksen for the division of Lot 4, Prospect Hills and noted that three letters approving the division had been received from Mrs. Fay Damon,*7009 Dublin Road, %ir,.and Mrs. William H, Hull, 7017 Dublin Road, and from Dr. and Mrs. Mark Kim, 7000 Antrim Road. Mr, Hoisington said that other lots in'the area will probably be divided when deed,restrictions expire. offered the following resolution and moved its adoption: Mayor He recommended that since Commissioner Kent has already received Councilman Shaw asked that individuals whose.tiames appear in Commission Mr. Dalen pointed out that that the Colony at Southdale discrimination complaint be referred to Councilman VanValkenburg then Motion was seconded by Councilman Shaw No objections were heard, wlfereupon Councilman Shaw RESOLUTION WHEREAS, Audun Rudolph Fredriksen and Kathleen Patricia Fredriksen, husband I and wife, are the owiers of a certain parcel of land in the Village of Edina described as follows : The Easterly 120 feet of Lot 4, Prospect Hills; and WHEREAS, said owners have requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations 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, !FHEREFORE, it is hereby resolved by ihe Village Council of the Village of fdina 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 Ordinance Nos. 261 and 263-A are hereby waited as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract df land unless made in.compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this U 8/18/69 $9 9 i., u3 M Council as may be provided for by these ordinances. Motion for adoption of the resolution on rollcall there were €bur:-apes and ATTEST: ed by Councilman Courtney and dL 43- Village Clerk LOTS 8 AND 9, BLOCK 2, MINNEHAHA WOODS AND LOT 1, ,BLOCK 2, SHADY PINES ADDITION APPROVED. division of Lots 8 and 9, Block'2, Minnehaha Woods ,and Lot'.l, Block 2, Shady Pines Addition in order to obtain a marketable title since' the division had actually occurred in 2458. tion and moved its adoption: Mr. Hoisington advised Council that a request has been made for Councilman Shaw then offered the following resolu- RESOLUTION WHEREAS, Jeremiah F. Squires and Jane D. Squires, husband and wife, are the owners of a certain parcel of land in'the Village of Edina described as follows: That part of Lot 8, lying Southeasterly of a straight lind drawn from a point on the front line of said Lot 8, 20 feet Northwest of the Northeast corner thereof, thence extending in a Southwesterly direction to the Southeast corner of said Lot 8, in Block 2, Minnehaha Woods Hennepin County, Minnesota. Also all of Lot 9, Block 2, in Minnehaha Woods, Hennepin County, Minnesota, except that part of said Lot 9 lying Southerly of a line running from a point on the Easterly line of said Lot 9 located 3.7 feet Northerly of the South- east corner of said lot to a point on the West line of Lot 1, Block 2, Shady Pines Addition, located 18.2 feet Southerly of the Northwest corner of said Lot 1, and that part of Lot 1, Block 2, Shady Pines ' Addition lying Northerly of a line running from a paint on the East.- erly line of Lot 9, Block 2, Minnehaha Woods, located 3.7 feet Northerly of the Southeast corner of said Lot 9, to a point on the West line of Lot 1, Block 2, Shady Pines Addition, located 18.2 feet Southerly of the Northwest corner of said Lot 1; and WHEREAS, said owners have requested app,roval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been detertfiilied that compliance with the Subdivision and Zon- ing Regulations 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 Ordinance Nos. 261 and 2634 are hereby waived as to said division and convey- ance, subject, however, to the provision that no' Zurther 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 was and on rollcall there were four ayes and n ATTEST : Mayor .. Village Clerk LOTS 27 AND 28, BROOKSIDE TERRACE, DIVISION APPROVED IN PRINCIPLE. Affidaizits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the petition to divide lots 27 and 28, Brookside Terrace, as recommended by Planning .Commission. Ditrision as reconmended would allow a three parcel division with the easterly two'parcels sold to abutting property owners of Lots 1 and 2, Block 4, Arden Park Third Addition and would disallow the construction of an additional house on the site. Because the exact legal description was not immediately available, Councilman VanValkenburg's motion approving the division in principle and continuing the matter to Sept- ember 8, 1969, was seconded by Councilman Shaw and carried. ' STORM SEWER IMPROVEMENT 103 COURT DECISION FAVORABLE TO VILLAGE. advised Council that all appeals with regard to Storm Sewer 103 were denied and extra benefits upheld in District Court. (Councilman Courtney left the Meeting at this point.) Street owned by Mr. and Mrs. Joseph Chermak, be placed in Catagory 2 instead of Catagory 1. moved its adoption: Mr. Hyde He recommended, however, that the property at 425 Adams Councilman Shaw thereupon offered the following resolution and 8/18/69 RESOLUTION WHEREAS, the facts concerking the drainage surrounding the property of Joseph and Lois Chermak known as Parcel 5010, Vest Minneapolis Heights , sub- mitted to the Council by the Engineering Department and the Assessor's Office indicating that the Chermak prpperty should have been assessed*as Catagory 2, rather than Catagory 1 in connection with Storm Sewer Improvement St,S-103, the amount assessed against the property should be reduced from $695.30 to $511.00. Motion for adoption of the burg and-on. rollcdll. bhere adopted. ATTEST: -, Mayor Village Clerk SANITARY SEWER CAPACITY STUDY RECEIVED. Sanitary Sewer Capacity Study had been received from Black and Veatch and that that he will report further after the report has been analyzed, Mr. &in advised Council that the HEARING DATE SET FOR VARIOUS IMPROVEMENTS. Dunn, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON GRADING AND GRAVELING NO. P-C-107, QIATERMAIN NO. P-IJM-251, SANITARY SEWER NO. P-SS-289, PERMANENT STREET SURFACING AND Upon the recommendation of Mr. CONCRETE CURB AND GUTTERNO. P-BA-163 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the form of Notice of Hearings set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail not- ice to all affected properties in substantially the following form: This Council shall meet on Monday, September 8, 1969, at 7:OO p.m, in The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA GRADIhY; AND GRAVELING NO. P-C-107 VATERMAIN NO. P-WM-251, SANITARY SEWER NO. P-SS-289 EERElANENT STREET SURFACING AND CONCRETE CURB AND GUTTER RnBA-163 EDINA VILLAGE COThCIL will meet at the Edina Village Hall on Monday, September 8, 1969, at 7:OO p.m., to consider the folloxiing proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements is estimated by the Village as set forth below: .ESTIMATED COST 1. CONSTRUCTION OF GRADING AND GRAVELING OF THE FOLLOWING: IMPROVEMENT NO. C-107 Unnamed road on the East line of &ot 37, Auditor's Subdivision 196 from Valley View Road to 266'k South $ 4,744.48 2. CONSTRUCTION OF VILLAGE WATERMASN. AND APPURTENANCES IN THE FOLLOWING: IMPROVEMENT NO. P-mi- 25 1 Unnamed road on the East line of Lot 37, Auditor's Subdivision 196 from Vailey View Road to 266' & South 4,077.46 3. CONSTRUCTION OF VILLAGE SANITA~YSET.IER AND APPURTENANCES. IN THE FOLLOWING: . IEIPROVEHENT NO. P-SS-289 Unnamed road on the East line of Lqt 37, Auditor's CONSTRUCTION OF PEBMENT STREET SURFACING ANI) CONCRETE CURB AND GUTTER IN THE FOLLOkJIh?G: Subdivision 196 from Valley View Road to 266' 2 South . 5,694.92 4. IMPROVEMENT NO. P- BA- 16 3 Unnamed street on East line of Lot 37, Auditor's ' Subdivision 196 from Valley' View Road to 266' 2 South 3,416.35 $17,933.21 8/ 18 /69 m c9 The area proposed to be assessed for the cost' of the proposed Grading and Gravel- ing under 1 above includes Lot 2, Block 1, Moccasin Valley; Parcels 6000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Braemar's Hill-A-Nay; Lot 1, Block 1, Elizabeth Terrace. The area proposed to be assessed for the cost of the proposed Watermain under 2 above includes the South 100' of Lot 2, Block 1,- Moccasin Valley; Lot 1, Block 1, Braemar's Hill-A-Way; Parcels 6000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Elizabeth Terrace. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 3 above includes the South 100' of Lot 2, Block 1, Moccasin Valley; Lot 1, Block 1, Braemar's Hill-A-Way; Parcels 6000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1,. Elizabeth Terrace. posed Permanent Street Surfacing and Concrete Curb and Gutter under 4 above includes the North 145.9' and the South 100' of Lot 2, Block 1, Moccasin Valley; Lot 1, Block 1, Braemar's Hill-A-Way, Parcels 6000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Hill-A-Way, Parcels .6000 and 7515, Sec. 7, T. 116, R. 21; Lot 1, Block 1, Elizabeth Terrace. BY ORDER OF THE EDINA VILLAGE COUNCIL. The area proposed to be assessed for the cost of the pro- FLOVNCE B. HALLBERG Village Clerk onded by Councilman Shaw and on d t6e resolu Motion for adoption of the resolut rollcall there were three ayes an on was adopted. 2 ATTEST : e&&& Mayo r Village Clerk HEARING DATE SET FOX VARIOUS SPECIAL' ASSESSNENT .HEARINGS. tion of Mr. Dalen, Councilman VanValkenburg offered the following resolution setting hearing dates for numerous special assessment hearings as follows and moved its adoption: Upon the recommenda- RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR WATERIdiIN NO. 236, 239 SANITARY SErJER NOS, 275, 278 GRADING AND GRAVELING NO. C-97 STREET IMPROVEMENT NOS. fE366,*A-167, A-168, A-169 BLACKTOP, CURB AND GUTTER NOS. BA-109, BA-111, BA-115 BA-116, BAL118, BA-119, BA-120, BA-121, BA-122, BA-123 BA- 125 ,, BA- 126 BA- 129 BA- 132 BE IT RESOLVED by the Village Councjl of the Village of Edina, Minnesota, as follows : 1. for the improvements set forth in fhe Notice'of'Hearing forms hereinaftgr recorded, ,and the amounts proposed to be %assessed against the' respective lots, places and parcels of land within the districts affected by said improve- ments, and said proposed assessment? having been filed with the Clerk, the same are hereby approved and the Clerk shall keep t;he same on file in her office and open to public inspection pending hearings thereon as hereir) pro- vided. J 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspap& in accordance with law-is hereby9approved. The Clerk and Engineer having calculated the proper amounts to be assessed Notices,being as follows: (Official Publication) VILLAGE OF EDINA ~HENNEPIN COUNTY, MINNESOTA I NOTICE OF ASSESSMENT FOR . WATERMAIN NO. 241 AND SANITARY SEWER NO. 282 THE EDINA VILLAGE COUNCIL will meet on Monday, September 8, 1969, at 7:OO p.m. to hear and pass upon all objections if any to the folEhing proposed assess- ments. and open to public inspection. installments over a period of three (3) years. ment will be payable with the taxes for the year, collectible in 1970, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1970. To each sub- sequent installment will be added interest at the same rate for one year on all unpaid installments. Thp owner of the property assessed for the follow- ing impmements may pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1969, or make payment with accrued interest to the County Treasurer. These assessments are now on file in the office of the,Village Clerk Assessments will be payable in three equal First payment of each assess- 8/18/69 1 1. CONSTRUCTION OF IJATEKIAIN NO. 241 2. BY ORJIER OF THE VIIJX E COUNCIL. Arneson's Addition: CONSTRUCTION OF SANITARY SEWER'NO. 282 Arneson's Addition: Aspasia Circle from Larkspur Lane to Nest Shore Drive Aspasia Circle from Larkspur lane to cul-de-sac FLORENCE B. HALLBERG Village '(Official Publication) VILLAGE OF EDINA Clerk HENNEPIN COUNTY, MINNESOTA NOTICE OF "ASSESSMENT FOR IJATEREIAIN NOS. 236, 239 SANITARY SEWER NOS. 275, 278 GRADING ANIj GRAVELING C-97 . * STREET IMPROVEMENT NOS. H, A- 167, A- 169 BA-109, BA-111, BA-115, BA-$16, BA-118-, BA-119 BA-120, BA-121, BA-122, BA-123-, BA-125, BA-126, BA-129, BA-132 " THE EDINA VILLAGE COUNCIL will meet on Monday, September 8, 1969, at 7:OO p.m. to hear and pass upon'all objections, if any, to the following proposed assess- ments. These assessments are now on file in the office of the Village Clerk and open to public inspection. installments over a period of ten (10) years. Fi$g& papent of each assess- interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1970. To each Sub- sequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the follow- I ing improvements may pay the whole .of the assessment without interest to the Village Treasurer on-or before November 15,'1969, or make payment,withtaccrued interest to the County Treasurer. Assessments will be payable in ten equal ment will be payable with the taxes for the yead, co 9 lectible in 1970, with 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. CONSTRUCTION OF WATERMAIN NO. 236 - Glasgow Drive from We 78th Street to West line of Lot 1, Block 1, Heath Glen Addition CONSTRUCTION OF WATeIZMAIN NO. ~23q On an easement line from Ayrshire Blvd, to Edina Highlands School CONSTRUCTION OF SANITARY SEWER NO; 275 Nest 54th Street from Abbott Place East to serve 3301 W. 54th Street Glasgow Drive from Cecilia Circle to West line of Heath Glen Addition CONSTRUCTION OF GRADING AND GRAVELING C-97 Killarney Shores Addition CONSTRUCTION OF STREET IMF'ROVEMENT NO. A-167 Alley Between William Ave. and Bedford Ave. and from W. 51st St. to W. 52nd Street Alley Eetween Bedford Ave. and William Ave. and from W. 51st St. to Interlachen Blvd. Alley between Bedford Ave. and Oxford Ave. and from W. Slst St. to Interlachen Blvd. CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-109 Post Lane from McCauley Trail to cul-de-sac McCauley Circle from Post Lane to cul-de-sac Margaret's Lane from Indian Hills Road to cul-de-sac West Trail from County Road #18 to Iroquois Trail Iroquois Trail from West Trail to Indian Hills Road CONSTRUCTION OF SANITARY SEWER NO. 278. a CONSTRUCTION OF STREET IMPROVEMENT NO. A-168 CONSTRUCTION OF STREET IMPROVEMENT NO.' A-169 Samiel Road from County Road 818'to Sally Lane Sioux Trail from County Road 818 tohSally Lane Sally Lane from Valley View Road to North line of Iroquois Circle from. North line of Iroquois Hills Paiute Drive from Sally Lane to Paiute Pass Paiute Pass from Sally Lane to Paiute Drive Paiute Circle from Paiute Drive to cul-de-sac Ker-Mil Heights Addn, Addition to cul-de-sac Comanche Court from Valley View Road to cul-de-sac CONSTRUCTION OF I,3LACKTOP, CURB AND GUTTER NO. BA-111 Gleason Road from Valley View Road to Crosstown Highway CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-115 Claredon Drive from Dewey Hill Road Northerly to cul-de-sac Dewey Hill Road cul-de-sac CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-116 Walnut Drive from Aspen Road North to Nine Mile Creek 13. 14. 15. ' 16. 17. 18. 19. 20. 21. 22. 8/ 18/69 203 ) CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-118 Malibu Drive from.South_ line' of Parkwood Knolls 15th Addition to North Telemark Trail from Parkwood Road to Malibu Drive CONSTRUCTION OF BLACKTOP, CURB AM) GUTTER NO, BA-119 Olinger Road from County Road #158 to Olinger Blvd, CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-120 Amy Drive from Olinger Road to Sun Road Sun Road from Olinger Blvd, to Arbour Lane Olinger Blvd. from South line of Scenic View 1st Addition to Olinger Road Olinger Circle CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-121 Beard Place from Beard Avenue to Nest 62nd Street CONSTRUCTION OF BLACKTOP, CURB AND.GUTTER NO. BA-122 Polar Circle from County Road #l58 to cul-de-sac CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-123 Cherolcee Trail from South line of Cherokee Hills 4th Addition to North CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-125 Valley View Road from Rosemary Lane to Mark Terrace Drive (South) CONSTRUCTION OF BLACKIIIOP, CURB AND GUTTER NO, BA-126 Valley View Road from W. 69th Street to West 70th Street CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-129 Wooddale Avenue from West 50th Street to West 44th Street CONSTRUCTION OF BLACKTOP, CURB AND GUTTER NO. BA-132 Cecilia Circle from West 78th Street to cul-de-sac line of Parkwood Knolls 15th Addition . line of Cherokee Hills 4th Addition # BY ORDER OF THE VILLAGE COUNCIL. FLORENCE B. HALLBERG .. INTERSTATE HIGHWAY 49 4 INTERCHANGE PROBLEMS REFERRED TO METROPOLITAN COUNCIL. Mr. Hoishgton advised Council that problems exist as to traffic at interchanges on Interstate Highway 494 between Highway 35W and County Road 18 and recom- mended that Council authorize referring the matter.to the Metropolitan Council for study and directive. Councilman VanValkenburg thereupon offered the follow- ' ing resolution,*and moved its adoption: RESOLUTION FJHEREAS, the serious traffic problem existing on Interstate Highway 494 between Highway 35W and County Road 18 cannot be solved by individual municipalities because it transcends municipal boundaries; and WHEREAS, €'he City of Bloomington's plan for its Northeast area does not in all respects agree with the plans of the Village of Edina regarding access to Interstate Highway 494; NOW, THEREFORE, BE IT RESOLVED by the E-dina Village Council that the Village of Edina enter into agreement with theiCity of Bloomington and the City of Richfield to submit the problems of Interstate Highway 494 between Highway 35W and County Road 18 to the Metropolitan Council for study and for directive. Motion for adoption of the resolution w rollcall there were three ayes and no n ATTEST : by Councilman Shaw and on Mayor Village Clerk NENDELSSOHN ADDITION HALLQUIST REPLAT NAME CORRECTED TO "HALWUIST ADDITION". Mr. Carl R. Hallquist advised Council that his plat which had receiged final approval on April 7, 1969, should have been named "Hallquist Addition". Councilman VanValkenburg then offered the following resolution rescinding the resolution of April.7, 1969, and moved its adoption: BE IT RESOLVED that the Edina Village Council hereby rescinds the.resolution of April 7, 1969, approving final plat. of Mendelssohn Addition Hallquist Replat. RE SOLUTION Motion for adoption of the resolution was rollcall there were three ayes and no ATTEST : Mayor Village Clerk 8/18/69 Cbtirieiwan VanValkenburg then offered the following resolution and moved its adopt ion : RESOLUTION APPROVING FINAL PLAT HALWUIST ADDITION BE IT RESOLVED by the Edina Village Council that that qertain plat entitled "Hall- quist Bdpition", platted by Carl R. Hallquist and Lois P. Hallquist, husband and wife, and presented at "the Meeting of the Edina Village Council of Ap~fl. 2,7:1969, Motion for adoption of the resolution was call there were three ayes and no nays an be and is hereby approved. y Councilman Shaw and on roll- * I ATTEST: Mayor CdL 8-+L, 0, Village Clerk * WILLIAM OLSEN AGREEMENT DISCUSSED. Mayor Bredesen aslced Mr. William Olsen to state his case kegarding the agreement between Mr. Olson and the Village as per- tains to Village acquisition of Nr. Olsen's property adjacent to Nud Lake. Olson stated that he agrees to pay for one half of the cost of the road aonstruc- tion but that he can see no reason to pay for any portion of the dyke since this dyke is needed for park development. some apartment units along with the proposed t,own'houses as mentioned in the agreement. the agreement had been drawn and that the legal problems had been resolved but, that Mr. Olsen is asking for'further considerations. Mr. Olsen to present his requests to the Planning Commission: No action was taken . RADIO STATION KACS RECOGNIZED. Mr. Hyde introduced Bill Gibson, one of the oper- ators of Zadiostation KACS which is operating a news service geared to Edina Zesidents, cm P&$, '5r;'tibn o fi 'ddlinci~man~Yaa1~~~~u~g"w~s' + s&odded"b? 'Cou&cilman Shaw and carried for payment of the following claims as per Pre-List: General Fund, $20,255.17; Construction Fund, $267,015.41; Park, Park Construction, Arena, Swimming , Pool, Golf Course, $29,473.55; Water Fund, $21.652.03; Liquor Fund, $67,877.46,; Sewer Fund, $3,628.63; Improvement Fund, $211,528.37; Poor Fund, S429.ZO; Total, $621,860.32. Mr. He further stated that he wants to bufld In reply to a question of Mayoi Bredesen, Mr. Schwartzbauer said that Mayor Bredesen then advised The boys were commended and congratQlated on their efforts, ~. D The agenda's business having been covered, Councilman Shawls motion for adjourn- ment was seconded by Councilman VanValkenburg. Adjournment at 5 :40.