Loading...
HomeMy WebLinkAbout19691006_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MOWAY, .OCTOBER 6, 1969 Elemhers Answering rollcall were Councilmen Courtney, Johnson, Shaw, Van Valkenburg, and Mayor Bredesen. MINUTES of September 8 and 15, 1969, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. VARIOUS SPECIAL ASSESSMENTS APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice tv m I; given,, Assessment Hearings were conducted and action taken as hereinafter recorded. A. the history of Storm Sewer Improvement No. 111, noting that the estimated assessment for the original project, including Minaeapolis property, was $0.0483 per square foot and $0.0515 for the original project, not including the Minneapolis assessment. perty owners, the lateral pipes were eliminated in some cases. The estimated cost for the revised project, including Minneapolis property, was $0.036 and $0.0384 for the revised project, not including Minneapolis property. Total construction cost of the revised project was given at $353,904.63, which is proposed to be assessed uniformly at $0.051635 per square foot, with property receiving extra-ordinary benefit assessed an additional amount determined by the increase in property value as established by the Appraiser in the Assessor's office and by the Cheef Surveyor of the Engineering Department. Amount assessed on a uniform basis was $317,184.65 and the amount assessed on the extra-ordinary benefit basis was $39,500.00. In rdsponse to a question from the audience as to why the City of Minneapolis was not included in the assessment, Village Attorney Whitloclc quoted from Elinnesota Statutes, Section 435.19, Subdivision 3, which states that cities of the First Class can determine for themselves whether they want to pay an'assessment and that Minneapolis decided that it did not choose to pay. Mrs. C, D. Fechner, 4116 France Avenue, complained that the ponding area behind her property was poorly kept and that it detracted from her property, rather.than benefitting it. She'alleged that the storm sewer should be paid for by those who had requested it and that no mention of extra-ordinary special benefit was made at the Improvement Hearing. Mayor Bredesen said that in his opin+on, the France Avenue properties had been very much improved by the pondihg area and added that the storm sewer should have been installed many years ago., Mr. Peter D. Rosenow, 4150 W. 44th Street, protested being included in the storm sewer district, contending that his property does not contribute to the system and that the water level would have to go over ten feet to flow onto W. 44th Street. overflow figure of back yards of the four properties at 14. 44th Street and He told Mr. Rosenow that this is a trunk storm sewer and that lateral pipe to serve this area, which had been deleted from the original proposal could be installed if the need arose. Mr. Rosenow said that- he would vigorously oppose construction of-a lateral storm sewer to serve his property, since water which settled in the rear yards was needed for gardens. h\un;iidentified neighbor concurred with Mr. Rosenow's remarks. ensued as to the Village Storm Sewer Policy which recognizes that at some time all property within the Village will be served by one or more storm sewer improvements, and that since it is the development of property which both cont.ributes to the accumulation of surface water and necessitates its removal, the property within the drainage district should bear the cost of the removal of the surface water. benefits to the drainage district as a whole takes into account that some property within the district is affected by surface water runoff to a greater extent than other property within the district. Mr. Dunn pointed out further that a trunk sewer is a system of collecting water from a group of laterals. In reply to a question of the resident at 4215 Lynn Avenue as to the possibility of forcing the City of Blinneapolis to share the cost of the improvement, Mayor Bredesen noted that it is unfortunate that-Minneapolis will not participate, but that there is no point in adding the cost of going to court, contrary to the recommendation of the Village Attorney. Drive, protested his additional $600 assessment and was told by Mayor Bredesen that since installation of the storm sewer, his property could be divided into two additional lots and that the potential value of the property was, therefore, increased. Mr. Daniel Smith, 4024 Grimes Avenue, and Mr. G. W. Coppersmith, 4022 Grimes Avenue, said that since the ditch has been running through their property all these years, they should not have to pay the additional assessment. *Mr. Dunn replied that the appraisers feel that the elimination of the ditch increases the value of these properties. Mrs. Carl E. Carlson, 4213 STORM SEWER IMPROVEMENT NO. ST.S 111 (Morningside Area) Mr. Dunn reviewed Because of objections on the part of a number of pro- Mr. Dunn advised that the , Branson Avenue was 4 1/2 ftet. Discussion The Storm Sewer Policy also recognizes that special Mr. Donald I.J. TJray, 4211 Alden 10/6 /69 J Crocker Avenue, complained that her property had been assessed $900 and that the storm sewer had not corrected her problem. case where a lateral storm sever may be needed. Mr, Regis Yunker, 4004 57. 42nd Street, suggested that more lots be assessed in the extra-ordinary benefit group. Mr. J. M. Cracraft, 4227 Alden Drive, questioned the amount of the assessment and was told that St. Louis Park had paid its share of the improve- ment, but that costs were up from the original estimate. 4171 IJ. 44th Street, was advised that it is not known at this time just when the lateral which would serve his property would be iinstalled. to a question of Mr. Heinrich, lfr. Dunn explained the intention of the "inunda- tion area" at 41st Street and Lynn Avenue, *noting that this portion of the project was in the original proposal but had been talcen out in order to reduce costs. Nr. knn added that this project can be installed at a later date. Miss Dauwen, 4107 Norningside Road, questioned the location of a future lateral in her area and was told by Nr. Dunn that it might possibly be installed between 4211 and 4214 Morningside Road but that he could not speak with any certainty at this time. Dr. C. I. Hegstrom, 4244 Lynn Avenue, was told that the assessment covered the cost of the existing system and that any lateral storm sewer systems which might be installed later would be assessed following their installation. tion and that this Council cannot bind any future Council to any particular committment.. Hr. Ronald Nelson, 3908 W. 42nd Street, who said that he feels as highly qualified to determine marlcet value as anyone in the Assessment Department,. said that he thinks that properties being considered to be extra- ordinarily benefitted are being assessed arbitrarily and that these proposed assessments should be reviewed. Nayor Bredesen said that Council has to take the word of its employees who have attempted to be fair and objective in the matter. Mr. Kenneth Andrus, 4240 Scott Terrace,. suggested assessing everyone in the Morningside area for the improvement, since .the former Village of Mom- ingside benefitted by the increased taxes received when houses were built in the peat area and in the drainage area. Mayor Bredesen suggested the possibility of using the balance of the surplus funds which the Village of Morningside had at the time of itsrannexation. Councilman Courtney said that since some Morning- side area residents had already been assessed .for storm sewer and had paid for the improvement themselves, it would not be fair to assess them for any portion of Storm Sewer 111, but supported Mayor Bredesen's suggestion that the surplus funds be used to reduce the cost. E. Carlson, 4213 Croclcer Avenue and from Donald W. Wray, 4211 Alden Drivs were noted. NY. Pred- ;Nissen' Ztdvfs'ed .&hat! :@-*was ithe -dftosne$'repxe'senting Dr. Franklin Sidell, 4412 Morningside Road, and that Dr. Side11 objected to his assessment as proposed. Following considerable discussion, Councilman Johnson's motion authorizing the BspessmsntiLand authorizing use of the Iforlingside surplus funds Councilman Courtney and carried. Councilman Johnson added that if the laterals recommended by the Engineering Department were put in the 44th Street and Bran- son area, these laterals would drain to this trunktsewer and that this property should be included in the assessment as proposed. Assessment later in Minutes .) B. GARBAGE ASSESSMENT 6-3 (Morningside Area) Mr. Dunn presented Analysis of Assessment showing $30.00 total bid cost for twice a week pick-up, plus 75~ service charge per family. was for $45.00. service will be available. motion authorizing the assessment was seconded by Councilman VanValkenburg and carried. 0. and-between West 51st Street and Interlachen Blvd.) that this hearing had been continued from September 8, 1969, in an attempt to find another mei53od of assessment. total construction cost at $10,364.56, proposed to be assessed against 1,095.62 assessable feet at $9.46 per assessable foot as against estimated assessment of '$5.94 per assessable foot. caused by the additional.retaining wall installed. ing considerable study of the matter, it was felt that it is best not to deviate from the assessment policy of the Village and recommended assessment as proposed. been received urging the assessment on a per foot basis. quist, 5012 Bedford Avenue, said that he would be willing to trade the concrete alley for the additional retaining walls. He added that the additiional retain- ing walls had been installed at the request of some property owners. Romine, 5021 Oxford Avenue, said that residents on Oxford Avenue had garages facing the street and did not receive .as much benefit as residents on Bedford Avenue. It was noted that this is one Mr. Vayne Imine, In response Nayor Bredesen added that this is a topographic determina- Receipt of letters from Nr. Carl re$uoe,khe bashof the assessment on a pro rata basis was seconded by (See Resolution Ordering Mr. Courtney noted that the only other bid received Following some discussion, Councilman Courtney' s Mayor Bredesen said that this may be the last year that this (See Resolution Ordering Assessment later in Minutes.) ALLEY IMPROVEMENT A-169 (Alley between BedSord Avenue and Oxford Avenue Mr. Dunn recalled to Council He reviewed analysis of assessment showing It was recalled that the additional cost was Mr. Dunn said that follow- It was noted that a letter signed by nine property owners had Mr. Harold C. IJahl- Mr. John He added that the retaining wall on.his property was necessary to the ... 10/6/69 235 I. construction of the alley and had,not been requested by him. erable discussion, Councilman Johnson said that even thoughlthere are a number of methods of assessing an alley, he feels that the method proposed is the most equitable and moved the assessment on that basis. by Councilman Shaw and carried. Minutes .) D. GRADING AND GRAVELING IMPROVEMENT C-94 ASSESSMENT APPROVED. (Washington Avenue from Highway 494 to County Road #18; County Road 1/39 from Washington Avenue to 648 feet Vest) Mr. Dunn presented Analysis of Assessment showing total construction cost at $61,373.87, proposed to be assessed against 5,385.40 assessable feet at $11.39 per assessable foot, against estimated assessment of $14.25 per assessable foot. No objections were heard from the audience. (See Resolution Ordering Assessment later in Minutes .) E. STORM SEWER IMPROVEMENT BA-127 ASSESSMENT APPROVED. (Washington Avenue from Highway #494 to County Road #l8; On an easement line from Washington Avenue to County Road #l8) total construction cqst at.$45,639.75, proposed.to be assessed against 5388.40 assessable feet at .$8.47 per assessable foot as aginst estimated assessment of $22.15 per assessable foot, Which cost included the cost of the future street. ing &sse~snent later in Minutes.) F. SANITARY SEWER IMPROVEMENT SS-266 SPECIAL ASSESSMENT APPROVED. (Wash- ington Avenue from Highway #494 to County Road #18) Analysis of Assessment showing total construction cost at $41,490.68, proposed to be assessed against 5388.40 assessable feet at $7.70 per assessable foot, against estimated assessment of $8.73 per assessable foot. No objections were heard from the audience. G. VATERMAIN IMPROVEMENT WN-228 ASSESSMENT APPROVED. (Washington Avenue from Highvm County Road f18 to Washington Avenue) Mr. Zfunn presented Analysis of Assessment showing total construction cost of $47,310.15, proposed to be assessed against 5388.40 assessable feet at $8.78 per assessable foot, against estimated assessment of $8.65 per assessable foot. No comments were heard from the audience. Resolution Ordering Assessment later in Minutes.) H. TRUNK 'IJATERIIAIN 179-2 AND LATERAL FqATERMAIN IMPROVEMENT 179-3 SPECIAL ASSESSMENTS APPROVED. Mr. Dunn pre- sented Analysis of Assessment showing total construction cost for the trunk watermain at $55,896.48, proposed to be assessed against 1,026 assessable lots at $54.48 per lot, against estimated assessment of $82.35 per assessable lot. assessed against 59 connections at $400.00 per connection, against estimated cost of $500.00 per connection. No objections were heard from the audience. (See Resolution Ordering Assessment later in Minutes.) I. WATERMAIN IMPROVEMENT Tfii-232 ASSESSMENT APPROVED. (Walnut Dri-ve from West 59th Street to Vernon Avenue; Vernon Avenue from Walnut Drive to Tamarac Avenue) Mr. Dunn presented Analysis of Assessment showing total construction cost at $21,749.49, proposed to be assessed against 23 assessable connections at $945.63 per connection, against estimated assessment of $825.16 per assess- able connection. No objections were heard from the audience and none had been received prior thereto. J. 64th Street North to cul-de-sac) Mr. Dunn presented Analysis of Assessment showing total construction cost at $34,672.30, proposed to be assessed against 823,570 assessable square feet at $0.0421 per foot, and noted that the improvement had been authorized on 100% petition. heard from the audience and none had been received prior thereto. Resolution Ordering Improvement later in Minutes.) I<. 1969 STREET OILING ASSESSMENT LEVIED. (Parnell Avenue between West 62nd Street and Uest 63rd Street; Grove Street between Tracy Avenue an4 Johnson Drive; Vest 58th Street between Code Avenue and Tingdale Avenue; Yest 62nd Street between Tracy Avenue and Olinger Road) Mr. Dunn presented Analysis of Assessment showing total assessable'cost of $2,259.30, proposed to be assessed against 6,154 assessable feet at 36~ per assessable foot. none had been received prior thereto. the following Resolution Ordering Assessments and moved its adoption as follows: Following consid- . (See Resolution Ordering Assessment later in Motion was seconded Mr. Dunn presented Analysis of Assessment showing No objections were heard from the audience. (See Resolution Order- Mr. Dunn presented (See Resolution Ordering Assessment later in Minutes .) (See (Dewey Hill Road - Gleason Road Area) Cost of the lateral watermain was given at $23,600, proposed to be (See Resolution Ordering Assessment later in Minites .) STREET IMPROVEMENT BA-113 ASSESSMENT APPROVED. (Bush Lake Road from West No objections were (See No objections were heard and Councilman VanValkenburg thereupon offered RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STORM SEVER IMPROVEMENTS ST.S-111, BA-127 , SANITARY SEWER IMPROVEl4ENT SS-266 F7ATERE.IAIN IMPROVEMENTS VM-228, I*?M-179-2, Ifif-179-3, 134-232, ALLEY IMPROVEMENT A-169 , GRADING AND GWVELING C-94 STREET IMPROVEMENT BALI.13, 1969 OILING GARBAGF COLLECTION G-3 10/6/69* BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as 1. assessment rolls for the,improvements hereinafter referred to, and at such hear- ing held on October 6, 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: Improvements FM-228, IJM-179-2, WIl-179-3, VN-232, Sanitary Sewer Improvement SS-266, Storm Sewer Improvements ST.S-111 and BA-127, Alley Improvement A-169, Grading and Graveling Improvement C-94, 1969 Oiling and Garbage Collection 6-3 .does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as to the proper assessments on account of said respect- ive improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in equal annual installments, the first installment to be payable in 1970, and all unpaid installments shall bear interest 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 taxes for the year 1969, The number of such annual installments shall be as follows: Watermain Improvements +IN-228, mS-179-2, 1.1-179-3, ‘VM-232, Sanitary Sewer Improvement 88-266, Storm Sewer Improvements ST.S-111 and BA-127, Alley Improvement A-169 and Grading and Graveling Improvement C-94, ten installments; 1969 Oiling and . Garbage Collection 6-3, om installment; 4. The Village Clerk shall forthxaitfi psepareiAnd;rtransmit to the County Audi- tor 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 Winnesota,Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for co2lection thereof in installments, as set forth in said section. Motion €or adoption of the resolution was s-ded by Councilman Courtney and f 0 1 lows : \ The Village has given notice of hearings as required by law on the proposed Watermain on rollcall there were five ayes and ATTEST : \ Village Clerk ORDINANCE NO. 261-190 SECOND READIHG CONTINUED (HALLA PROPERTY). Mr. Hoising- ton presented Ordinance No. 261-190 for Second Reading for R-5 zoning as recom- mended by the Planning Commission. He recalled that First Reading -had been granted on July 21, 1969, for this property east of T.H. 100, South of Eden Avenue and Vest of Villson Road on which the Halla Nursery is Jocated. man Johnson was advised that the building could be eight stories high without -any variances. anything to a residential area. He suggested that there should be discussion. of a height ordinance. good if it is in a good open area, Councilman Shaw recalled that a seventeen story tower is under construction .in the Southdale area. Following some dis- cussion, Councilman Courtney’s motion continuing Second Reading until the plag- ning Cti@isaZon Bas *an opportunity to discuss a height Gedin&&e .arid consi_der; &ng Ehis-.ordinanee ae-the.de%g Council Meef5ng-was-rsciconded Hnd carried. ORDINANCE NO. 261-191 ADOPTED ON SECOND READING. Mr. Hoisington presented the request of Mr. John Nonahan for R-2 zoning on W. 78th Street, noting that First Reading had been granted on September 8. audience, whereupon Councilman Shaw offered the following ordinance for Second Reading. and moved its adoption: Council- He said that he is not sure that a twenty story building lends Nayor Bredesen noted that he believes that height is I No comments were heard from the ORDINANCE NO. 261-191 AN ORDINAhCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS: Section 1. Paragraph 1, Multiple; ‘Residence District Boundaries of Section 4 (Multiple Residence District) of Ordinance No. 261 of revised ordi- nances of the Village of Edina is hereby amended by adding the following sub- paragraph : \ 10/6/69 2 3.7 Dis t ric t R- 2 : Section 2, This ordinance shall be in full force and effect from and , "(51) Lots Six (6) and Seven (7), Block Two (2) Heath Glen Addition: after its passage and publication according to law. Motion for adoption of the ordinance on rollcall there were five ayes and ATTEST: by Councilman Courtney and ~d J/ Village Clerk a EDINA BUILDING, INC., ZONING REQUEST CONTINUED TO NOVEMBER 3, 1969. Upon the recommendation of Mr. Hoisington, Councilman Johnson's motion continuing Second Reading for Ordinance 261-192,until November 3, 1969, for approval of site plans and variances, was seconded by Councilman Shaw and carried. NILSON R.L.S. PRELIHINARY APPROVAL CONTINUED TO OCTOBER 20, 1969. Kffidavits of notice were presented by Clerk, approved as to form and ordered placed on file. Olinger Road, for approval of a .two .tract plat located on the West side of Olinger Road Southerly of Vernon Avenue. The tract is 185 feet wide and 438 feet deep with a house existing on the proposed Tract A which is 85 feet by 198 feet, Planning Commission has recommended denial because of the peculair shape of the proposed tracts and the uncertainty about how they will be used in the future. Mrs. Wilson urged approval of the plat, stating that she wants to sell her home and yet retain the remainder of the property. lowing some discussion, Councilman Shaw's motion that the matter be continued to October 20, 1969, so that Mr. Hoisington could assist Mrs. 'L7ilson in developing a better solution for the property was seconded by Councilman Courtney and carried. Mr. Hoisington presented the request of Mrs. Pauline Wilson, 5720 Fol- DUNHAM DRIVE STREET VACATION APPROVED IN SOUTH GARDEN ESTATES FOURTH ADDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request for vacation of a portion of Dunham Drive, stating that it is no longer necessary because of the cul-de-sac coming in from the Nest. Mr. J. William Buckly, 4801 Aspasia Lane, was told that easements had been obtained and that there Qould be a ' walkway . Councilman VanValkenburg then offered the following resolution and moved its adoption: RESOLUTION VACATING A PORTION OF DUNHAM DRIVE WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on October 6, 1969, at 7:OO p.m. bn-the proposed s'treet vacation herein- after described has been given and made and a Hearing has been held thereon by the Villaage Council: NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council, Hennepin County, Minnesota, that that portion of Dunham Drive in South Garden Estates Fourth Addition lying West of West Shore Drive, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective November 5, 1969, unless on or before said date this resolution is amended, annulled or rescinded by,the Village Council. Motion for adoption of the resolution was nded by Councilman Johnson and on rollcall there were five ayes and ution was adopted. ATTEST : * Mayor ad. 72Lz.&&xa Y' Village Clerk VIRGINIA AVENUE STREET NAME CHANGE APPROVED BETWEEN CROSSTOWN HIGHWAY AND IJ. - 66TH STREET TO "VEST SHORE DRIVE". for "Street Name Change" following presentation of Affidavits of Notice which were ordered placed on file. No persons were present to offer objections and none had been received prior theretia. Ordinance No. 164-43 for First Reading with waiver of'Second Reading and moved its adoption as follows: Hr. Hoisington presented the petition Councilman Shaw thereupon offered ORDINANCE NO. 164-43 AN 0RDINANCE.AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE N&lING AND RENANING THE VILLAGE OF EDINA" CERTAIN STREETS, ROADS AND AVENUES OF THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: . Section 1. Ordinance No. 164.of the Village amended, is hereby further 238 10/6/69 amended by adding after Section 69 the following: '*Section 70. 'Virginia Avenue' from the Crosstown Highway to Vest 66th Street as the same of record in the Office of the Register of Deeds, Hennepin County is hereby named 'Vest Shore Drive'.'' Section 2. and publication. Hotion for adoption of the ordinance w oh-xdlfcall there were five ayes and n AJTEST : - . - . __ - - - - . .- . This Ordinance shall be in effect from and after its passage y Councilman Courtney and e ordinance was. adopted; -. -. * Mayor u JU- Village Clerk CASH REGISTER BID AIJARDED FOR LIQUOR STORES. Mr. Dalen presented tabulation of two bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin. Tabulation for six factory rebuilt or reconditioned electric cash registers showed Cash Register Sales low bidder at $6 , 500 .'OO , less trade-ins, and National Cash Register Company at $6,949.80. 'Councilman VanValkenburg's motion for award to recommended low bidder, Cash Register Sales, was seconded by Councilman Courtney and carried. FIRE DEPARTNENT RESCUE TRUCK SOLD TO HIGH BIDDER. tion of two bids received for the Fire Department Ford Vanette Rescue Truck. Tabulation showed Notley Fire Department high bidder at $1,102.00 and Village of Eden Frairie low bidder at $825.00. Sha7 and carried. Mr. Dalen presented tabula- Councilman Courtney's motion for sale; -to recommended high bidder, Motley Fire. Department; was seconded by Councilman PEACEDALE AVENUE PEWANENT STREET SURFACE AND CONCRETE CURB AND GUTTER PETITION RECEIVED. Upon the recommendation of Mr. Dunn, a:fietition for permanent street surfacing and concrete curb and gutter on Peaocdale Avenue between $1. 62nd Street and the Crosstown Highway was referred to the Engineering Department for processing by motion of Councilman Shaw, seconded by Councilman Courtney and carried. SOUTHEAST CORNER OF VALLEY VIEW ROAD AND BOODDALE AVENUE LOT DIVISION APPROVED. Nr. Hoisington advised Council of the request for approval for division of property on the Southeast corner. me parcel is 40' by 70' and has been granted Automobile Parking District zoning. be given to the Village for water storage purposes.. Councilman Shaw thereupon offered the following resolution approving the division as recommended by Planning Commission and moved its adoption: Ihe~re~i~ahdcir~af phre2perp;rto As to RESOLUTION WHEREAS, Har&ick Realty, Inc., is the owner of a certain parcel of land in the Village of Edina described as follows: That part of the Northeast 1/4 of Section 30, Township 28 North, Range 24 Vest , of the 4th Principal Meridian; beginning at the Northwest corner of said Northeast 1/4; thence East 100 feet measured along the North line of said Northeast 1/4; thence South and parallel with the Vest line of said Northeast 1/4 40 feet; thence Nest parallel with the fiorth line of said Northeast 1/4 100 feet; thence North on the West line of said Northeast 1/4 40 feet to the beginning, except the West 30 feet for road purposes, according to Government Survey thereof; and . WHEREAS, said owner has requested approval of the Village of Edina of the con- veyance and ownership of the above described land as a separate parcel-; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hard- ship and said tract of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained in thi? Village of.Edina Ordinance Numbers 261 and 263-A; NOI?, 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 pro- visions of Ordinance Nos. 261 and 263-A are hereby waived as to said division. and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as, may be provided Notion for adoption of the on rollcall there were five Mayor Village Clerk 10/6/69 y.3 q 4Q C LOT 1, BLOCK 1, J. E. DANIELSON'S ADDITION LOT.DIPISION CONTINUED. AS recom- \ mended by Elr. Hoisington, Councilman Johnson's motion continuing the matter of the division of Lot 1, Bloclc 1, J. E. Danielson's Addition ~7as seconded by Councilman VanValkenburg and carried. LOT 2, BLOCK 4, EDINA INTERCHANGE CENTER DIVISION APPROVED. Mr. Hoisington advised that Planning Commission has recommended division of part of Lot 2, Block 4, Edina Interchange Center. on Cahill Road and meets all ordinance requirements. thereupon offered the following resolution and moved its adoption: WHEREAS, Netro-Ganley Corporation is the owner of a certain parcel of land in the Village of Edina described as follows: That part .of Lot 2, Block 4, Edina Interchange Center, Hennepin County, Elinnesota, according to the plat of record and on file at the office of the Register of Deeds, of said County and State, described as follows: Beginning at the Northeast corner of said Lot 2, thence N 89O 36' 28" W, assumed bearing, 'distance 284.34 feet to the northwest corner of said lot; thence S 0' 17' 38" I$, along the westerly line of said lot, distance 170.68 feet; thence S-11' 14' 40" W, along said westerly line, distance 173.72 feet; thence S 0' 17' 638'' 14, along said westerly line, distance 33.56 feet; thence S 89O 36' 28'' E, . distance 232.03 feet to the easterly litle of said lot; thence N 6O 18' 23" east, along said easterly line, distance 324.60 feet; thence N 44' 58' 23"'E, along said easterly line, distance 72.97 feet to the point of beginning; and WHEREAS, said owner has requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and I.IHEREAS, it has been determined 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, Et 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 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Notion for adoption of the resolution on rollcall there were five ayes and no n ATTEST : He advised that this is industrial property Councilman VanValkenburg RESOLUTION *-+- I. d by Councilman Johnson and Mayor Y' BLOCK 15, MENDELSSOHN ADDITION DIVISION DENIED. Mr. Hoisington presented the request for division of Block 15, Mendelssohn Addition, noting that Planning Commission had recommended denial. the owner some time ago that this propeyty would have to be replatted so that a street could serve any new lots on the property and that there is no street to serve any structure to be constructed. the division be denied was seconded by Councilman VanValkenburg and carried. Mr. Hoisington said that he had advised Councilman Johnson's motion that LOT 1, BLOCK 1, BROAD OAKS, DIVISION APPROVED. Mr. Hoisington presented the request for division of Lot 1, Block 1, Broad Oaks, noting that the division meets all staff and ord4nance requirements and that Planning Commission has recommended approval. ing resolution and moved its adoption: WHEREAS, Clifford L. Miller and Doris N. Miller, husband and wife, are the owners of a certain parcel of land in the Village of Edina described as Councilman VanValkenburg thereupon offered the follow- RESOLUTION follpvs : Lot 1, Block 1, "Broad Oaks" except that part lying North and West of a line drawn from a point on the Westerly boundary line thereof 11.0 feet South of the Northwest corner thereof, and a point on the Northerly boundary line thereof being 40.0 feet East of the NortGwest corner thereof and further excepting and excluding all of the vacated Sherwood Avenue adjacent to said Lot 1; 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 \ 10/6/69 IJHEREAS, it has been determined that compliance with the. Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hard- ship 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; NON9 THEREFORE, IT IS HEREBY RESOLmD 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 provis- ions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provFsion that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of the Eesolution on rollcall there were five ayes and ATTEST: ded by Councilman Johnson and on was adopted. Mayor' , A 7$i&AAa Village Clerk FIRST CHRISTIAN REFORMD CHURCH REQUEST REFERRED TO BOARD OF APPEALS. ington recalled that the request of First Christian Reformed Church to build a new church had been appealed to the Council from the Board of Appeals and referred by Council to Planning Commission. approved construction of a church building on this piece of property. the request be referred to the Board of Appeals for a lot area variance. Shaw was advised that this plan overcomes the objections raised in the Board of Appeals meeting. to the Board of Appeals as recommended by Nr. Hoisington was seconded by Councilman Shaw and carried. Mr. Hois- - Planning Commission recently The { site plan has been changed and Planning Commission has now recommended that Mr. Councilman Courtney's motion referring the matter back OCTOBER 20 HEARING DATE SET FOR VARIOUS ZONING UTTERS. Mr. Hoisington, Councilman Shaw's motion setting October 20, 1969, for hear- ing dates for the following zoning matters was seconded by Councilman Courtney and carried: a) Heliports and Parking Structures in Regional Medi- cal District; b) J. c. Penney Company, PC-3 Commercial District to PC-3(4) Commercial District for Tract C, R.L.S. 1284; c) Apartment Parking Regula- tions; d) R. E. Kremer, R-1 Residential District to Planned Industrial District, County Road 18; 2) L. G. Cherne,: R?l Residential District to Planned Industrial District, County Road 18. As recommended by LOT 1, IROQUOIS HILLS, ASSESSMENT REVISION DENIED FOR BA-109. Mr. William C. Griffin, 5800 Iroquois Circle, reca1led;that residents on his street had petitioned that 'the assessment for Street Improvement :.BA-109 be levied on a per lot basis, rather than on a per foot basis.as approved at the Assess- ment Hearing. Mr. Griffin recalled that Council had denied.his-request and requested that his lot now be assessed as a corner lot, rather than as an irregular shaped lot. of approximately $350 in his assessment. exception should not be made in view oE the fact that it would set a precident. It was pointed out by Councilman Shaw that if such an adjustment was made, the Village would have to make up the difference unless the project should be reassessed. Village Attorney Whitlock advised that reassessment would not be legal in view of the fact that there is no doubt as to the validity of the assessment in his opinion. Mr. Griffin asked why this matter was not brought up at the Assessment Hearing since the petition for a per lot basis was sub- mitted six months ago. He was advised by Hayor Bredesen that assessing dif- ferent areas of a project in different ways would bri3ng about an impossible situation. his neighbors himself, since they were all agreeable to the per lot assessment. Following considerable discussion, Councilman Johnson told Mr. Griffin that since the Village Attorney had advisea that Council could'not reassess, there was nothing that could be done. No action was talcen. ELECTION OFFICIALS NAMED FOR NOVEMBER 4, 1969, VILLAGE ELECTION. The Clerk presented a list of names of Election Officials proposed to be used for the Village Election to be held on November 4, 1969. motion approving the proposed roster of Election Officials and granting authority to the Clerk to make additional appointments and changes which might be necessary was seconded by Councilman Courtney and carried: - He'noteil that such a revision would mean a difference Nr. Dalen recommended that such an Mayor Bredesen suggested that Mr. Griffin attempt to collect from Cou'ncilman VanValkenburg's . 10 /G /G 9 PRECINCT NO. 1 - Shepherd of Hills Church - Mesdames Dorothy Richardson, Chair- man, Muriel Clausen, Jane Fleet PRECINCT NO. 2 - Edina Village Hall - Mesdames Mary Jane Bolmgren, Chairman, Dorothy Schmidt, Bettie Stone, Judith Sotebeer PRECINCT NO. 3 - t.7ooddale Elementary School - Mesdames Marjorie Rossiter, Chair- man, Jane Hawthorne, Evelyn Anderson, Patricia Johnson PRECINCT NO. 4 - Morningside Municipal Building - Mesdames Shirley Dibble, Chairman, Edith Dudley, Elizabeth Anderl, Alice Rose PRECINCT NO. 5 - Highlands Elementary School - Mesdames Henrietta Bartlett,- Chairman, Elizabeth Mathews, Carol Ledder, Sue Holden PRECINCT NO. 6 - Countryside Elementary School - Mesdames Myrle Kiichli, Chair- man, Margaret Borsch, Grace Callaghan PRECINCT NO. 7 - Normandale Lutheran Church - Mesdames Marion Bailey, Chairman, Dorothy Obermeyer, Dorothy Stockdale, Delores Peterson - Pm T NO. 8 - Southview Junior High School - Mesdames Audrey Berglund, Chair- man, Ruth Volk, Ruth Zipoy, Maxine Sanders PRECINCT NO. 9 - Concord Elementary'School - Mesdames Yvonne Ford, Chairman, Virginia Dash, Dorothy Nonnweiler, Helen Orrben PRECINCT NO. 10 - Creelc Valley Elementary School - Mesdames Lorraine Hassel- quist, Chairman, Joan Robb, Virginia Morris PRECINGT NO. 11 - Mesdames Geneva Smith, Chairman, Barbara Casselman, Eleanor Thornton, Lucille Borchers PRECINCT NO. 12 - Cornelia School - Mesdames Adelle Olson, Chairman, Phyllis Taylor , Doris Blake , Rosemary James PRECINCT NO. 13 - Lutheran Church of the Master - Mesdames Muriel Thomsen, Chairman, Patricia Harmon, Catherine Kovar, Marvis DeLambert ' * AD VALOREM TAXES CANCELLED. burg offered the following resblvtix5,h ahd moved its 'adoption: As recommended by Mr. Dalen, Councilman VanValken- RESOLUTION CANCELLING IMPROVEMENT FUNDS AD VALOREM TAXES COLLECTIBLE WITH 1970 GENERAL PROPERTY TAXES WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted -- March 2, 1953, levied a Special ad valorem tax for the payment of principal- and interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the amount of $18,000 being collectible with and as a part of other - general taxes for the year 1970; and WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted October 26, 1953, levied a special ad valorem tax for the payment of principal and interest of its Southdale Improvement Fund, said ad valorem tax in the amount of $17,200 being collectible with and as a part of other general taxes for the year 1970; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issues; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; NOW, THEWFORE, BE IT RESOLVED by the, Village Council of the Village of Edina that those ad valorem tax levies made by Resolution of this Council adopted March 2, 1953, and October 26. 1953, and collectible with and as a part of other general property taxes in said Village for the year 1970, be and hereby are cancelled; and WHEREAS, Ordinance No. 17 of the Village of Edina (An Ordinance Establishing the General Obligation Bond Redemption Fund) permits the cancellation of all or part of said levy providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for payment of all of the interest and a part of the principal of said bond issue: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that $5,500 of that ad valorem tax levy made by Resolution of this Council dated Frebruary 25, 1957, be and is hereby cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1970. Motion for adoption of the resoluti on rollcall there were five ayes an ATTEST : conded by Councilman Johnson and Village Clerk LIQUOR DISPENSARY FUND REPORT AS OF JULY 31, 1969. was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried. 242 1 10/15/69 TREASURER'S REPORT AS OF AUGUST 31, 1969, was presented by Mr. Dalen, reviewed, and ordered placed on file by motion of Councilman Shaw, seconded by Council- man VanValkenburg and carried. RECREATION CENTER FUND REPORT AS OF AUGUST 31, 1969, was presented'by Mr. Dalen, reviewed, and ordered placed on file by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. GOLF COURSE FUND REPORT AS OF AUGUST 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 Courtney was seconded by Councilman Shaw for payment of the following claims as per Pre-List: Construction Fund, $5,246.50; Park, Park Const., Swimming Pool, Golf Course and Arena, $14,745.57; Water Ftpd, $16,903.38; Liquor Fund, $63,442.23; Sewer Fund, $43,385.20; Poor Fund, $141.51; Total, $189,982.27; and for confirma- tion of payment of the following claims: General Fund, $46,117.88; 9/17/69 Victor H. Adams & Florence May Adams $ 276:83 Constr. 9/17/69 Hennepin County Treasurer 876.62 Constr. 9/17/69 Hennepin County Treasurer 4140 Constr. 9/17/69 State Treasurer 166.00 Parks 9/24/69 Industrial Sales & Service 91.68 General 9/24/69 Sinclair Oil .Corporation 1,577.74 General 9/24/69 Commissioner of Taxation 9,342335 Misc. 9/29/69 National Food Stores, Inc. 1,000.00 Constr. 9/30/69 Dorsey, Marquart, Vindhorst, West, et a1 1,517.30 Park Const. 9/30/69 Verge1 B. Edwards & Edith M. Edwakds 19,799.26 Park Const. 9/30/69 Village of Edina 1,783.44 Park Const. The Agenda's business having been covered, Councilman Zbt?;nson's motion for adjournment was seconded by Councilman Shaw and carried. Adjouriment at iO:l5 p.m.