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MINUTES OF REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
MONDAY, JANUARY :U , 1970
Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken-
burg and Mayor Bredesen.
MINUTES of December 15, 1969 and of January 5, 1970, were approved as submitted.
Minutes of December 29, 1969, were corrected to read that the "Resolution Edt
ablishing Council Salaries for 1970" was offered by Councilman Courtney, and
seconded by Councilman Shaw.
ORDINANCE N0. 261 -200 GRANTED FIRST READING. Mayor Bredesen recalled that the
request of Mr. William J. Olsen for zoning change for property located South
_ of West 62nd Street, West of Countryside Park_ and North of the Crosstown High-
way from R -1 Residential District to Planned Residential District had been -
continued from December 15, 1969. Mr. Robert P. Neumann,.5816 W. 61st Street,
was advised by Mayor Bredesen that at the meeting of December 15, he had thought
_that some compromise could be worked out which would be to the satisfaction of
the majority of property owners, but that several suggestions for compromise hdd
not proved successful. He recalled that an agreement had been presented by Mr.
Olsen to the Council and that this agreement is being considered tonight.
Mayor Bredesen referred to a letter which had-been sent to Mr. and Mrs. Jack
Yarger, 6020 Arbour Avenue, in reply to questions raised by them,'which letter
is hereby made a part of these Minutes. Mr. Yarger said that he is not unalter-
ably opposed to town houses, but feels that the agreement under consideration
between the Village and Mr. Olsen represents too much of an infringement on
neighboring propertym�s. In reply to Mr. Yarger's allegation that -'a
Planning Commissionj, Mr. David J. Griswold, had a "conflict 6f interest" in pro-
perty immediately adjacent to the property presently under consideration, Mayor
Bredesen noted that Mr. Griswold had explained that his only interest had been
as an architect working for the owners of that property and that he had been
assured some interest in the property in lieu of a fee, if the property should
develop favorably. Mayor Bredesen emphasized that Mr. Griswold had served the
Village honorably and well over a long period of time and.that last fall Mr.
Griswold had indicated that he would not accept reappointment to the Planning
Commission when his term expires on February 1, 1970. Mr. Donald Bunker,
5841 Jeff Place, said that there are many reasons for denying the zoning
change, noting particularly that the petition submitted to Council had 1,150
signatures, signifying that Edina people are not interested in this type of
zoning in the Village and that additional town houses might be built in the
area once this original rezoning was approved. He questioned the cost involved
in moving the location of the dike. Mr. John Domarek, 5229 Richwood Drive,
said that he represents 48 members of the Richmond Hills Improvement Association'
who are violently opposed to the proposed zoning. Mr. Josiah Brill, Jr., repres-
enting Mr. Olsen, presented a drawing showing town house clusters as proposed
by Mr. Olsen, noting that these structures are single family homes with common
walls, as opposed to apartments. He noted that.the units will rent for between
$500 and $800 per month and that taxes from such a development are anticipated
to run between $180,000 and $200,000 per year. Mr. Brill also pointed out that
town houses utilize ±and more efficiently than single family dwellings, leaving
apace to create a lake on the Olsen property. In reply to a question as to what
would happen if Mr. Olsen sold the property before it was developed, Mr. Brill
said that all covenants would run with the land and would restrict zoning to
town houses only. Mr. Bunker suggested that this matter should have been
brought up as a part of the entire Western Edina plan and considered by the
Planning Commission. Mayor Bredesen pointed out that Planning Commission had
responded to the feeling of residents,at the time it rejected an earlier pro-
posal for this property of three twenty -six story apartment towers. Mr. E. A.
Rippe, 5824 Olinger Road, said that he was told that the Planning Commission
purposely left the zoning of the Olsen property as flexible as possible in the
Western Edina Plan since the plan would ultimately reflect the decision of the
Council. Mr. Johnson said that he feels that the acquisition of the entire
twenty -four acres is desirable but in view of the Village Attorney's opinion,
he thought Council would be well advised to go along with the Olsen agreement.
Mr. Shaw said that some of the remarks that have been made from the floor have
left the impression that Mr. Griswold is still interested in the adjoining
property. He quoted from Mr. Griswold's letter to the Council of December 30,
1969, in which Mr. Griswold stated that subsequent to his participation in the
development of the property adjacent to that of Mr. Olsen, his client decided
to sell the property to a residential builder and not involve himself in a
real estate development. Mr. Shaw said that he hopes that the impression of
"conflict of interest" is dispelled by Mr. Griswold's letter and that he hopes
that the zoning will be considered on its own merits. In reply to a question
of Mr. Yarger, Mr. Schwartzbauer: said that he was not prepared to cite any
specific cases, but that he knew of many decisions that give the general rule
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January 16, 1970
11
1ro. John X. Yarger
6020 Arbour Avenue
Edina, Xitznasota 55436
Rat Moen Froperty
village of'Edina.
4801 WEST FIFTIETH STREET • EDINA 24, MINNESOTA
WALNUT 7.8861
Ycur threa latters. aWking many pertinent questions about the L.M Lake. Park Project
have received considerable attention from the mexibers of the Village Council and
of the Fzrk Bonrd as well as from administrative officials. While you have~ not,
until nozz, received a direct t-mitten anst-yer, many of your questions were considered
at the joint meeting of the Council, Park Board and Planning Cwqmission on
Nave mbsr 24, 1969. Your questions were also considered in praparing the Jaauary 1,
1970 Village New-sletter, and specifically In the two articles on 'Tlanzing for
Final Decade of Gvv,-?th1v, and "Hud T.Anke Land Acquisition" on the front page. she
Lazz three parzgraphs in the article, "S.E. Edina Development" also walzzlte to
oeveral of your quections. Copies of the Newsletter vre-re sent to a7eLnj homy in
Edina an &-aaembea 31, 1969. We will begin with your letter of klcvc:nber 26, 19,59.
avestion 1: Didn't our Village Council. consider that their
cons titue-nts might possibly be interested 1r, this particular rezoning, siric3 M--U'.Y
oZ 'the re-oldents has' made inquiry at the Village Hull PRI-011 to pur4hasing or bulldinr,
hares in Chis area and had received assurance that all of the Londevelorsed land in
question "as to be used for the Hud Lake Park Project? Nhy wasn't sufficient official
notice gkir"n to the residents In advance of the r-a-ating? Even though most 09 tha
Jaft-- Placa and Olinger Blvd.. hares were outside the 500-foot "Iegal limit", *couldn't
Good public reletl"ons and advance information have avoided much of the resenwont
by hcrxnaonars who Zelt they were being duped?
Ansver., Perhaps -we ware remiss in not having hold an informal meeting prior
to tha Ix 3 Council meeting.
Sufficient notice, according io law, was sent to area residents a minimun of 10
day: prior to the public hearing. 11ere has never been any attempt to be eacretive
or dece-ptiva In the Olsen matter.
Ko one person can ever guarantee that a proposed public project will be cazr1Gd
Zozuard to complet-ion. -11111ava employees can only indicate the plaus that are in
the works.
uestion 2: Hot; much has the Village of Edina spent in acquiring there 150
acres to date, and how were they paid for?
r1ro. John X. urger
Papa 2
Janata --y 16, 1970
Ansi-7er: "go date, the Villege hae acquired 143.6 acres at a cost of $496,589.85.
Three parcels are yet to be acquired Vaich total approidmately 22 acres. $426,589.85
taus grem liquor fund revenues, 020,000 from the Mine Mla Creek Watershed District,
and $50,000 gram Hennepin county,
estion 3: If these 8 acres of uuder-water property are so "vital" to the
Park Project, i7hy didn't the Village purchase this key area BEFORE spending funds
for the other 150 acres? Couldn't a "equeeze play" be anticipated as tkn.a vore
on and property values increased?
Anstrar: quite obviously, there has to be a last piece of property to be
acquired for my such project. As the ntmber of parcels remining to acquire
boccm= fauar,, the more cc"--., itted the Villagge 'beccmea and consequently, the price
Coco up. The last parcels are aluqjs the most difficult to purchase. 7:e total
pa of required that we purchase 16 separate parcels and Olsen just happens to
be me of the last anes. Had Tae acquired Olsen first, wa vould simply have the
_-cno prdbl= somstihere, else. Such a "squeeze play", as you tem it, undoubtedly
In a 2=t 027 -life.
Asa I I-Ian e fox
, Asti 4: IF the Village accepts Nr. Olsen's deal of 8 acres in one 9 o
removing the remaining 16 acres for multiple dt-,.elllngs, what is to prevent Mr. Olsen
from turaing around and selling his property to a devaloper,0ho has no int-ontion of
constructing such a "Utopia"? Mr. Olean has subsequently adraitted that, at this
point, he Is not sura xiyha�:her he will develop it himself. SO •MY ALL 5:HE DISCUSSION
HUCH LED US TO BELIEVE HE HOULD?
Eno Mir. Olsen offered to g5man the 6 acres of under-4ater unusable property to
Edina UrMOUT the rezoning condition?
Pmrp am The agresmant does not contsup-lato rezoning the rem-,aining 16 acres for
multiple dnellings. This acreage would be rezoned for tcrzmhousao, Uhich are much
more similar to con1juntio-nal homwas than to apartments" since they are -really single
family residences joined toZ;ether by a common xzall. Moreover, the restrictive
evvetirnto which would be racefted from Olsen pursuant to the agreement will be
bi-ad.Ing, upon him and all subsequent o-imars of the property.
Mr. Olson has not offered to give this property to Edina without the se owing
condition and could not be anpected to do so. The property, vaoreovcra Is not
It unucabla". TUF it veTa razonad by the Count or by a court, the ccre.-ge would be
u3abls in that its e7A-stencea could be taken Into account as open space in apply.l.ns
the danoit*y requirements of the ordinance to determine hwu Many units could be
capvot=cted on the remaining laud.
Onest'a ll 5: U%at led 1ft. 016en to purchase this "unsuitable" place of property,
1 - =Ab
uaf.ft :Fcz Single: reeideaces, in -an area zoned for s:Engle residences only? ties It
publl_� hnG:�ledga in 1953 that this X=d was going to be. vital to the Nad Lake- Part:
Project (ond to the Crosatmm Flighwwy)?
9a motivea for originally buying
Arxua=L Mvro 1_0 no way of tmozzelnr. Nx. Olsen
t!:z. propexty. Furtherimora, the intent and motives of the land purchaser are nor:
no import aw: to the sattlem3ut 02 the issue. We must treat -all People equally
whither they are speculators or non-speculatore. Only the facto, no. they entist
tcdcy, are ralevant; not motives. The Illud Latte Plans Caere not In bcin2 In 1958.
Th3ro wera plans available as to the proposed general location of the Croost=a.
Jorsu=y 16, 1970
Testa on 6: IThy dos the Village Council try so hard to convinces the public,
ig Xr. Olson r1oas indeed to tae tho matter to Court, that the Court will probably,
judge that 11r. Oloar should not be daprksad of the opportunity to reali= to
top-dollar profit on his investr-=t (ewn though his invastmant was made with the
lull knouledge that some "ehnngeo" would have to be made in rezoning)? Is it "the
lair of tho land" that m- individual c=- "hold out", for an enhorbitent sum, on
prop,arty purch-noed in hopes that coedit ions be changed?
Amr-ior: Tact Villa?,e Council Is viezy simply attempting to m-ke it alap-r that the
rocults of a court action wee less certain tharn the terms of the present cgracment
vith Mr. 01con. This assessment of the situation is botsed on sound 10-Sal advice
from our Village Attomaye, the firm of Dorsey, Harquart, Windho-Asts, West & Halladay.
11c believe it batter to resolve the matter in as x-nay that achieves Zor the Village
the property it needs and as restricted use of the balance of Mr. Olcan'a property
to a degroo nad in a manner a court: could not accomplish. Such a resolmution of
the i=ttsr, wa- balla: re, is preferable to a court action, should that cono- about,
zind zho unprodictable result of such an action.
qu.cotion 7: Hoer long TAXI it td=, before the "dre,= will be a fin-10hed project?
I-Tho "dame- d up" the map that eras anid to have been displayed preminently In
th Village Hall,' picturing such facilleles? By whose authority was It displayed?
Hwj caa 'Nud Lshze. Park be coca iderad by the 1-kyor to be as "no-ighborhood park"
if It is to ba fully develop (as in the. "dreg e3 map) at audi a large arm of- money
anti Zirimc--d by 1XIL Mina reoidents? If it Is done "n
L rop-arly" (no originally planned)
it will b,,-,C0Z3 an. nttrcctlon to all. If It is NOT turned Into acmg-th-ing rorth-Abilc
for 47-.1. Edina raaldento,, wo-uldn't thlis be cansidered a gross mite -uaa of the
tanpayers' niormy?
Uhy is it ouddenly "tco costly" to acquira- 24 acres of property origInally
included In t'ha Rud Lake Park Project wban they rocantly paid ',4102,,000 gor 6 or 8
nerw Tyii:haut batttivZ, an eye?
Have that txix-ptayarr, of Edina ever baen Inforr-ad cc to ez!zactly hW.7much this
vho3 - pxojoct li3 goinZ to coat the wqarall? Have they ever been asked to co=--=t
cz to that ar the Project is worth it? Whathar they ww-ted It?
ArctMr: 110 hava no spsci:Uc tizettolva for the completion of th.c Nud Lnha Project.
tz� t"undo K-nrmit, It will be complated. Every rcasvaable attc-rup't will be =-d,-- to
cc platy tbo project &n scan as possible.
'Vic va-riciss mapa that hwya, in the past, bes► diaplayed in the, Vill.-;3a Hall
t7cro 11L*apared by Brauer zmd Associatoo, ccnoultnnto to the Vlllata on such Qattal:s
olto design, park plasnninrao etc., at the Vzquest 02 the Village.
Friao-laltly dionlTyed at ths Village Uall, owes twryz only racently cempleted by our
c -Mi"-so r-isincorins J3CP8%-t==t shtrAtg th.3 col-ution of the, project. All such
m,,npo wcra cpprowd by the Park Board Cnd 11,11culalig", Garnic Sion and tho Villa g-0 Council.
!Cao :-InYOL�, C&.1-Itted that Us choice of t7ordo ray not have: baen the
best tfazo. I-,-- called 'Nud 7,21:0 a "Val"Jgeborhocd park".
f I
- - r" r-:2 e
Mrs . jdhn �* Ya 1, r
Page 4
Jc%%Uarry 16, 1970
ftiginally, our appraisals valued the Olsen property at appronimately $78.000.
This was based an a residential valuation. Hatw-ever,, Vir. Olsen claim:2d a hi&'Ci:
value based on the possibility of obtraini-nZ a rezoning, by court action if
nece agar y. Should he be successful, and that possibility exists, the cost to the
Villar;a v-Puld have greatly exceeded our anticipated ei:pense. He'-,Yevero upon
studying feasibla alternatives to,a total acquisition, it wa-a determined thcot -:)-aly
a portion of the Olsen property wea• really essential to the Mud Lake Park ccucapt.
'here ore,. = above stated, to wioi ' d the vagaries and unkn.w'M results of a court
ccnteo�" to- achieve the essentials'for Mud Lake ao:d to obtain a more restricted and
plannad'use of the Olsen property than, may result.from as court action, the a5rane-
m-sne with Olsen was negotiated. Much of the same thinking went into the decision
to buy the Cherokee property. HcjevaT, in that caoev it,.t1as necessav, to acquire,
the whole tract to maintain the Mud Lake concept. �herefdre, a settle-Mant 'uns
lra A out -Uhich was higher than-'UO resida-nticl value, but conaiderably lo-ucr thm
ti1hat ito Vtllue would have been had the Cherolk.ea people been successful in their
ra,-,on1n3 Irr-Mult against the Village 0 0 d I e a=t,
.,a ehich hoe ncri been di mi so . n ach c
and effort was given io th2 probleme`in 1. an effort to resolve the in
the b6st Intaroot of the Village nand its ralaidents.
'Kho Had L-nire Project is financed almost totally from liquor revenues. L'-,qrxor
ftindr-, ha-,7a traditiomally been used to pr-mide parks and recreations for the VIL.11aga.
Quesclon 8: I-Till the already overeTwaided shopping centers and grocery sto,,=p
etc. be cdcquate or will MORRE SHOPPING CENT US BE EREMED? IF 80, TMERE?
Will the mzoney that is 384.d would be forthcoming frcm these town houses (-',n
tance) compazsate for ercr;7ding, our Ituasdiate nrez; conSaoting our streets,
our s^ -m-1-rural atmosphere (uhich is why most people want to live in
Edina) ? Will it compansate for the additional Fire sand Follce services r2qulr�.d;
traffic 11fjits; school facilities; wear and tear on roads from additional tra.Zic?
Answar: perhaps firit we should answer tho quastiono zz-Aced by parcigraph B.
%'h^ P-cmtom pzoparti consists of 25 acres and the V-111cZe his never negotiated i�
alonation Of tuo Ceres for a fire stationa site as a condition of rezoning. Vuri;her-
mozG, the Pemtom site would accamodate 100 units (@ 4/acre which is what Pontomn
is trIllIng to teke) and the Olsen tract, 120. 7aa 220 units x7ould accommodate 63.6
people 0 2.3 persons Mmtoms high figure) per unit. 5-1his asessies that all v.1%li be
typical 'PeTntca indAvidually a-mxied units. If the Olsen tract is developed For
rental puiTauas (120 unito @ 2.1 persons per unit) t7a miSht anpect a total Mina Lion
of 532. If the property could be occupied entirely by single femaily hc-sao in
accordnma^ with e::istlng zoning, it would accozmadiate 123 homas and at 4 parzoi-,%s por
unit, -aanld have a population of 492 41 acres @ 3 units par acre; typical den.'ity
for D-1 io 3 units per an-ve). she area will be hardly more =-.Aed, in terms of
pcoplo� thm V it were to be devalo-ped RLI.
yea lmcw' "t'll-le .-Occ=-Qndcd Western Minn Plan calls for an addStional shap U
X- piz-
canVir at County load IS and the Cro3c�-aa'- n Hic.,trzay. 14 chic facility Is not
npprc%T�do C1t1w:ft:" ftellitles will have to satizf-y tha dcm-nud.
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Nlra. 3011w X. yamer
ftge 5
3 =-Unvj 16, 1970
Docauce oZ the Ia-u student population (0.4 school a children per unit for
Individually a--mod to imhouse units and 4.1 orihool a.-,e children per rental unit)
thic area will pay its wun way; in other words, more revenue will be race :nerd from
this orea then will be spent on it to provide schoble and necessary Villa Se carvicca.
Sin,rls fcolly hem,-As do not: normally pay thair otin way because the student population
is much highor.
It uould Or-= that there t-yould be semorhat more traffic frc= tmmho3l3as than
gra.3, s:LnSlo fra-Ally developments. It x-yould not, hwaver, be significant. Tho first
P'Quarateo approulon-tely five trips par day or 1,100 trips uhile the latter gencratca
sa= seven trips per day or 860 trips based on 123 aingle ftmilly, units.
WaWc.Lon 9: 1.7111 Countrys:7-de Park Playground still oar xyra, Ito resson for be1n
,Vhan surroundod by as Fire Stntion, some 250 Wmhou3as AND arl-I the itavitablo
traffic on Tracy and 13. 62nd St. which border it? Oot to mention the
trakfic to cur "neighborhood pakIle' ehen thy: I.A.1d Lake Park Project ic finiabcd!)
kwuar: Countryside Parls wi3ll continus to serve Ito precant 2unction. There
ahould, hcL-,ovar., be precautions taken to got children over, under, or acrams 1-7. 62nd
St. u-hon tralle Increcces.
gunotion 10: Down9t tble fall into a "conflict of intereat" category? Can
zz . Griswold really hVqQ the interests of his "neighboro" at hzean when he is aloo
tryln,t? to mrlta as profit Erma- the rezoning of his property?
t7w:.m this revelation woo mcda, all the Lonna e.111 lk-mborr, tiara quich to atoto tacy
didn't hnw a thing about It (or also rem--duad silent). HV DID SUM A
BIT Or, 111r0rUM71103 ESCAPE THE KNEDUIM Or, OU1111 TRUSVED UHMSMTATIVES XLL THFUSE
2130.92 An I naive In thWtlng, that this do2ant seem to be proper — or is this
r-n nee-al-3tem3d practice?
1-flar-b-azo. of t%13 Council and tho PlaaninG Comm"AmiAon ware not cuare Or'
Ix. Gzlouoldla interest in the Pemtcm- proport7. He has not prozoted the do,'J.-loynant
of the cite In rsay way and he has not tried to infllu=ca nembora of the V1110"a
Counall or plannin"', Ccnmiosion. It Is well that the Council cud PlanninS, Czmaission
are nau advisod of situation. Haja-very the Cou-swil trill and must Make a
decision based 3ololy on the merits.
gawtions 11 throu 13 quo stton the moetini of 1110VOEber 24. This wao to be an
InOom2tivo =uatlng Zon the Planning Commmlocion, Pael. Board and Council. The
m=bars oz thews Boswds also left their a�ployr4�snt to attend*
A03-UrBIRS TO IM0 ER VdrZ-%,, WrRED JbYULRY 22:, 1970.
v:'t-rot, r-n mouzz^ to the question can the 011ocv. acreage to ba acquired ac stated
In tha Evzolatter. ho total Olsen tract north 0,2" the Croo-wWwn, Hly'yhway oncompauces
29 ncr,_-c. acres are within Xud L-n1te-1 itocl:2 maned 24 =00 aro not
*tu tizo ldf
- o. 12.ho pore ca that Is in tha la ho Inca poor oohs and has nsvar be
sp=31:2ically included in the day olopmn;nt p1cm. 00, the 24 acrac ox' uplaad, ua
propuzzd to acquiza cight, leaving, 16 acron to 116. Olson. Hwuc=r, the Interest .09
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12R!s. John M. yarsor
pate 6
Jamunrl 16, 1970
M--. 01con In 6-, lmd in. the lake would be trmofarrad at the tica m, the
Giaht acres, thus va acquira a total of 13 acres.
Edina v7111 reach its 'populatica saturatica before 1980.
gusntlon I: Ac thic V11-1aege Council cu;..... rantly proposes It, That az_Kaqt-1v dOOD
tho Rud LnIto Park. Project conxist of phycically? it amid ba helpful to sea a
chart or map L"I'llch ViOUG-13.7 Oultilac"G:
tmmav: a. Doundarlas OR the total area: See enclosed nap for boundaries-
Lvzha Oizeft 115. 8 =mD.
a. Lr1m depth: Vmnic= depth, 14 feet; averaga depth, 6 feet.
d. Latm- hei3ht: Nom al height; 860 feet above cea level; Dam alcmation,
86.7; the alevation of Olinger Blvd. ir, 861.5 and there
are bazormuto talon - Olingar Blvd. vith ellevatione dmma to 857.35.
a. A scenic read -to propo-3od around the ontive south and Ties t cider o2 the
lak-C.
Tharo arc, no mmucxr' to f through It 02 quoton 01 at the present tim.. A 01-to
doOl3n ozz plim of thic detail has not yet bcim pmpared and t7111 not be preparad
mtil Juot p-r-for to construction.
2: At the p=.c-.-,,nt date, ha u firm Is Vac planning of Mltd Lake Park
Pmjcce? Hvz It beta do2lnl:aly astablichad that it CIM be done.
a. groom an cu,,?�carirag standpoint?
b. vith'In reasonable ccgt to the Village empa7cre? and,
a. %faale, in the Council'a Judgmant, lo 'reamonable caot"?
17rC-_l an Eng otandpoint, thy project: Is pormible necTrding to
Darr ccuoultmta to the Nine Uila Crack Untershod Dictr-lat Dozard of-
Vlo thlafm the p=oJcct can be do-no at a vor-nonable coat to VilIzZe t=payavo. '90
dan, theta have boon no gonaiml fund ravenmo or spacial tc-'Scs U00 -d for land
acquiraition. 1163t Village acquIsit ion ftndc for patlas are derived Z'-'rc:a liquor pro-OUS
r-nd v-0 roomm this will cont-.1nue. in addition,, rm hava applied goo 0.134,50 Rram the
Vcdorml Goverm--sat to amosiat In land acquisition.
Lea: aspa n6: canto vaze oatf.=-tad by Danz luuei. g at appronimm-tely f)1150,050
In 1965 tar the floed evatrol poetion of the project, e.g., dr-c-d5ing" bag rC-=OvO1*
den R11 matarlal,, etc. As you hnau,, c=ctruction cortc boric oubotmt1ally inczoa-3cd
in tho past Zour yeara and com-tructim todc,,y 77111 be h•Shor thim in 1966. Zu
addition Lc thic, there vould be a park davalap=nt cost.
Hc•7m lo tho uraly wa tWW; the prof -oct t72.11 by Rumesd: LY-11 pavk devalqgrzaoat coat
a lea• VOOPCusibility 01 tho 17-7110'ttp and will be 21mncad By Isquor ravomucz. Zt
10 that COW tZact'i On coots (d o, ate.) ulli be pcdd Rot TIV
Un torch ad Dictriat 9Lm-&- thldh wa, =mmz participmto im. Unic coot will be aproad ovor
I
'L Taorc 10 no � a t tell
, -1 bOM30it0d PZOrMTt1C0 in 10F.13 diCtriCtp nOt JUCE: UlMna E -7 Y 0
J JU-3t what the 0300CM-mont Policy T-7111 be or vinat the =Ct Wmt to Ed2ma rooldonto
vii l bo. Vac —1-3quaz :ftmd will probably to mond to pay c= share oZ canctructSon.
I-Sra. John X. yaxgar
PC2'r'O 7
Jmwary 16, 1970
Tile-ZO C100 is thO P000170112-ty 4lat some davaloVm=t Runds may be acquIrad fton
the 110daral GO-varprant to assist In tha Conctruction o£ Olood control dov3.cas. T%c
knd acquisition atiaga is our priors glumclal abilSation and this le acar'71y canplate.
Vic may be able to recoup adr-n- of our 1-3nd coot fron other banelited ==Mitles
In tho Di=?Iet.
ucation 3: Vfliael, needs will the 1.2ad LOUD 1120th Project catiafY?
lin,
me. overall project: is mul ti- purpoca lu natura. it war, coneelve-d w
a flood control project by the Nine Nile Crack Watershed Notrict z7b=e purpoza it
is to "provida, for the orderly hondling of future f1cods 00 as to prevent Unduo
J,a=r-Nr,c to wzoparty". It Is a necessary part of the ovewo-11 Watorchod Mot^rlct
pl.m. Ta= Dint rict Includes parts of 121:nnetanha, Hopkins, Eden Prairie, Edina,
vichUcId, and Dlacmin'gtcn.
Iwo plaa ciao cal-la Zor 1!,ud to and lands adjawsat tberoto to ba uU.111--cf.1 fog
both activo, and pr-Scivo racreatiOn PlUTPOSQ3. ' It will bo a COMM-13nity, MMO '4:CC1U fry.
0,;;hOr PuTL103GO Z=Q to pravido arca" cad wato• gear ac-Othatic P%&-s-pozoo Cad
to =!Lntain acs wild ccenic aroa x-rithip. the Villago tfalch hope2ully will alco
some as a Clanctuary for x7atargwil and ftch.
N wtlon 4* To Vnat wMant and to whon (cM c3anCy Other than the V111cr"o 02
. - Z, -
1WIna) is tho V1lJP_,-a, cpzm1ttcd ae to meating the abova aaa4.a ? 12 cam tted, In
'uhat waya?
Ancnag: Tho Village is in no way co=fteed at the gracaut t: as to ----3t tho
abrn7c n3cdo. It ban no contact t=1 a3raz=snto nor za7 Implied asmmittranata.
Zt 4c enc Ocolin3 ail the Council, hauavor, that It: hwo a moral obligagic-11 to
cnoloz tho Uoterahed -District: in its flood ca-Latrol p=3- ern
by P
1,apdo :20T ,TntOT agW.
zt aloo feAlc an et-%lig donts of Edina to
.ation to tha reci - r n
provide ouch a racroation gacility aluca It leas lernt, bean planned and Choir Mquor
zavcauccs aro bzxinG orient f;o acquire the land.
ucst�Lr'n 5: 'Ro vhnf. 0-1st ant and to whc,-n (my no
�,anqy othar thrm the V:Msa, Q of
Edina) I's the V1131n.60- cez-fnitted ao to praiildiqg aVvelft e Ivad cnd/w-- fscilStiec?
Acting -ua hwa no 7.2 U-10 D.-AO-Tal G�WQM=Mntg hC'-=Vr-rJ'
providso w- with gundlo gor acquisition, ua Live then obligaf-,ed to uce tho Undo that
eacy ytirticipats with us In Zor parka, racreat-ion, or 21ced control pu?.Paoco-
U-41a: Is the bradiz-dazm w, Cho C-Incn-Unz o-;.' the TOUM coot 09 the
1-"ud Ln"CO earl; Pzqjoct?
n. Mau r=eh Innd bat nkeady been cxquit=d? Marc A,,--. Mhat cast?
b. H-mi uno t ic lord paid for? Uva rmch i:c-=AW to be paid?
C. U110t. TMO the MILhOTIty C-OT 43-CqUiSit-10212
d. lvni_nt is tho astknat d coot of the rweininS land neeweary?
o. 11hv-2 1r, the ootl=ted TOTAL cwt ox cnglaz�zxln;-2?
9. Uhat its tizz cati-matcd TMAL cwt of :b_-prcvc7_-aato and
Cquip=20
C,. T--reni: :10 tho ESTMIMED T07LAL COTS 02 Cho 11-tiel I4 >W I'=% PrOjOdt, IVICIU&IMS
�:%O plue cal Ot"knor'?
lire. John X. yw*Ber
iLri.-arm.-y 16, 1970
h. Mat other agencies will acome. pare of costo? sree these firm ca ='
if _my? lln.what xya-y vill the Villa3e be obligated to these "'other
a� zncics% 19 a-nyv for their financial aid? Any "otrings attachad"? If
so, what?
1. Ifinat part of the total cost of the entire Project t-111 be wamed by the
Villamso?
j'o X-Mat Ac thG proposed method oZ ftnanclnr- the cost watmed by the Village?
Anggew: Am prevlously ancuerad, 143.6 zerce have, already bwm acquirod at a
ecs& ok $496,589.85. Please refer to question 2 of f1rot letter for anowar to hwa
land uns paid for. We have two parcals or 9.48 acren yet to acquire if the Olson
trace is dedicated. nio Council autborizos all land acquisitima.
Queotions a thmi3h J have all been an.—ma-TaC, eloewhere in this lottev to tbe
bast of our ablli�y. iere are no cument cost eatll=tao Rcr ongincarings
constructica, ate. Until we desigh the park facilities and equipment, it is
difficult to ansign a con to them. Again, all park and raci—catien facilities ava
paid for groin the liquor revenues.
potion 7: 11ho will. agn the f nal:1-iVies (MILA Lahe Patti) U- hen com-
pla-zed?
kammsl: It is 00stmod that the Village will emm all facilitlem rubc-sa cc.nplated.
Motion 8: Hho will casual the case and Oration of the proposad Find Lake
P--V,,-, Project?
a. Unea to which racTeationni facilities will be -out? For erxnplo, povar boats
in thw Ldhe? Flabing? Swimming? Campfires? 1-7111 It be fenced In?
Add�masiou charged? Paid mombarship for those T-Tho use it (ouch as Edfta
Pool)? Open to nea-residents of Edina? Nninzenanca:, clean -up and polici-tip,
Quarding) of the area? Any restriction on the size of large groupa?
b. Bho u-111 pay for construction and uphoop of accaos rends, interaol twalla,
canging 4'� 1'31cnic siten, restroom facilities and parkine ftellitleo?
C. M-O responsible for lovals of dater In the Lake? Water outglo-j zmd Inelany?
d. Nho reoponsible for poosilble watar pollution probllc=s?
Amstmar: The t7atershed Diotrict will establish optftm T-titer Urals and an
O""reeman't will haw-z to b-- worked out covering the relative controls to be anarcload
by the Watozzhad District, the State of Xlnnesota and the Village. The V: 113
trill control and operate all recreation facilitiesP mill pay for and maintain nil
access rondo, trcils, picnic areas, parkitig facill-ties, etc., and will pw&iably
maintala the d=-3 and dikes as well. Tlis Village will police all faciliti-co and will
be the Guforcm-ant authority alan- with nnd In addition to the Pollution Control
A3ancy on pollution problems.
tx far as was to be made of the area, again Tic have no specific plaw; at this
Ua, do not propose to allma pmear boagino, hwavar, Ua canuotz, at this sta,,O,
ony hr,.7 tho aran vill be controlled as to tw- age.
GUOOtl0a.- 9: UhO 'Vill C-OntrOl fin, -MC-qn- of Gporatiour, and maintenmca, including,
ouporvicima and policing connected with abova—mr-ntioned ito =- ?
Anmmr: Annual costs of maintenance Zor pakh 2acilitien are paid for ftcna
liquor re-vanuen and a tuo mill tz.: levy. tie ha ro no astim.",ze C-13 to hwa much the
abovo it a u-111 cost each year. Ue have not considered y,--=Iy du €a, admIacion 2000
or ca.-accocions m- og yon, but wa would not Wnint to 012minato theses as a Pwolbs.11ty.
Ihca. John it. larger
page 9
Jan-unry 16, 1970
Xt is cast=d that unintenance of dams and dilkiza w-w-Ad be paid for by the Nine Nile
Crceh Waterahod District,, brat there Is presently no established method of handling
such maintonm-co. Ile would probably have to enter. Into an agreement with the
Uaterched District to handle this matter.
You and all persons coming property in the Watershed District prasently pay
.70 mills per year property tan to the, Nine title Creek 7,77atershed District. This
is the District's source of revenue for operations, a.&., plmning, engincaring,
, admi 1.
iniatration, atc. There is a limit of three mills for operational purpwoe to
dative $75,000. This morwj cannot be used for construction. Construction monies
muot be raised through spscial assessment against the various beneficed ca-r-aunitiao.
The indiVidual curmunitieo then must determine hozy to derive their share of the
cost. At this U-=, there Is no vay of 1mouing hcra, much the V:U1a3,e would have
to pay of the total cost of construction, but it Is assumed that the liquor fund
will b,-- used to piny our shaxe.
flnootion 10: What is-the projected time-teble of this Project, beginn-Ing nwu
throu,gh ccm-plet'lon?
Answcr: We have no apecifte timetabla for the cemplation of the 'I'lud Lake Project.
As fundo, permit (a.g.,, Federal, 1.7atevahad District, and liquor) the project T-75-11
be ccmplatad.
Runation 11: Is the Mud Lolm Parlt Project wanted by the -present residents 09
Edina? Has a poll ever been taken (after giving residents cufficient information
upon which to baca a choice?) .
Aamucw: Ther-a has neaver been a poll to determine hc,-7 many people went or (10 not
want the Niud Lche Project. Ile have yet to have a negative rospowe to th,3 project
over theoc several year✓ it hno been In the planning stage.
The January 1, 2968 Village cont to a12 hens, featured Qho -1121"'d
Lahe Men. At as Council uastinz on August 21,) 1967, the costa u-cra appraved. -1-Ye
have not h,--,d m� opportunity to chock whother the local weekly or metropolitan dnillloa
carried nazic itamo on Chia, but the public reaction was miniml, with no objections
or protecto received.
ORTMOGY OF EVENTS
The pTojaec� was originally conceivead, although not Identified ae r-;ucb,, In 1961
ao part al- t1ho Ovarcill Watershed District Plan. Ztg, orlSinal purpose wns to servo
w n 91cad control projact. Zu 1966, a foaslbility study wao done by Douglas IT.
Bnzr, Ccnstslting Hydraulic En in,,jar for the Village of Edina .nand the Eine Mile
'atorchad District. Tact s year, Brautr and Associates did a conceptual study of
the N'ted L-Y,-.c a-z-aa and vary Senerallq outIllwad Una plan for the Mud Lassa Project.
The Creasto-ma Hifvhumny was built In 1966.
Me Comail offi@ially nuthorlsod acquisition ope the Mud L21w. propertioc; in
La"'Vot, 1967. Following are the Minutec, of that Meeting.
M`=. Jelin K. lzax-gaar
Pagp 10
8 January 16, 1970
August 21, 1967
117D YJITM, PROPER17- PIWIMSE AUTHORIZED. 14r. Hyde advised Council that the
cUUM!2tCd Cost Of land acquisition f the Mud Lake. Improvement has been Increased
$35,000. He pointed out that as reaolution bad been subnitted to the I-Tatcrohad
District requesting, financial cooperation In the project and that a reply Is
e=pocted within thirty, days. It was pointed out that there Is an alem3nt of Tick
Involved -in this land acquisition inasmuch as no final comittment has bens
racCived. Cost astimate and proposed cost distribution presented by r1r. Hyde shooed
a total astinated cost of $825,000 which includes $330,000 for construction egg the
11alte, $28.0,000 for Ind acquisition above the flood plain, and $195,000 for laud
acquisition balwa the floor plain. Of this amount, it is anticipated that the
Village and County x-d1l each pay $276,250 and that It Is hoped that $272,500 will
ba paid by the Wat"—shed Die'trict. The Village proposed to pay $38,750 frcm,
Gzaaral Fund Surplus and M7,500 from Park Funds. 'N'llanyor Bredasen pointed out that
WIL23c records should indicate the total cost of th3 Improverz--nt, whether paid
frca Park or. groin General Funds. Mr. Hyde asoured Council that all costs would
be t6bu_1ztcd on the Nud Lake improvement ledger sheet. Trustee Johacon then
offered the Eollouing resolution and moved its adoption, recognl2inS that an elaamnt
of r1sh anlato in the avant that: the Watershed District ftdle to participanta. In
the cost distributica:
RESOLUTION AUTROMING URID ACQUISM-11011 FOR
I MD LAKE 114PROMIMIT
BE FY RESOMED by the Edina Village Council that Village officials are haxcby
,author? sad to enter into negotiations for acquisition of land for the Mud Lehe
1nprov,,'.,=2nt for an eatimatod, cost of $475,000.
llotlau for adoption of the r000lutionwas seconded by Trustee VmVnlkn_nb%W,'z' Md on
T0110011, there uare pour ayes and no nays tread the resolutic-n was adopted.
-1—simod) ALA UR C. Bompsm,
LTTEST: Mayor
(0 - -a I _PLORMTEP . B. UERG
Village Clerk
In Into 1967, the Village acquired 27.86 acres from E. G. 'Zharnall,, 19.2 cares
from the Plecharz, and 2.13 acres groza the Rchnexa. Prior to that tlma, in 1965,
T7"- had already acquized 31.03 kocres from, the Gleasons as part of oar Creel; Valley
Park cequicition.
in Baccmbar, 2966, PC-2(4) cc= ercial and R3 end P:-5 soningo were requested for
the m.m rohip In 14avon-bo
-,-a so-collcd Pcmtcm pro-party when it was In a di -r,,
1067, VC -1 cca"zorcial soning was requested for the Cheroltea Sales proparty. Earlier
In Moat, 1966, ia request tease made nor R-5 (hilfa use apar'zmnt zovdng, or. the 011zc'n
tract ( 3-20 story touars). `?ha first too were denisd in early 1963 by the Planning
Gvn= laolcn r=id Council and the latter zlzo novar acted Upon because of the thalt
CnAatta3 moratoritm an apartment ra3onlags.
I
I
a
1
161AE0 ► JGhU IN. 7,aTFGZ
PC'-G 11
Januar
yr 16, 1970
facn, in eazly 1968, the Village bought the sli: acre Hert property just wast of
01ing,er Blvd. That sme year, R-4 zoning -waa requested (June) end denied (August)
by the Pl=miug Commission and Council on the Cherokee Sales property. Suit
unc brought against the Village in October, 1968 by Cherokee Sales.
Mr. 01sen again requested IL-5 coning In June, 1969 (3, 26 story tmyarc) mid
t7ca &nied by the. PlwminS Comissic-a and than vaithdraTm.
In 1969,, the VinaZe acquired the Bialich property (4.88 acres) , the
Pcprinr-Cardaxalle pxaparty (0.2 acran)s, the Edwards property (2.93 acres), the
Cherd!tca- Sates property (6.15 acvGs),, the Hancon property (.76 acros) , the
Schneider property (5.38 acres) ond thw 1t1tino propoM (7.04 acres) . T10 also
antorad Into our agrosmant with Olsen on October 7, 1969. The charoh-ee Sales
oult was dropped In late 1969.
We had the various above properties appraised In 1969 and oubmitted to the
Federal Govorn-n-3ut for $134,500 cm I-lay 13, 1969. Council authorl-sed the aM-wpt
to acquirc Federal ftmds on April 159 1969.
Enciczed your will Zind various encloaures to substantiate these answers.
I hopa va have satimlactorily anowered all oZ your questions.
sincarely,
T-Tar-ro'n C. Hyde
V1110SO 11=�",QT
UCH: IM
Enclo.
on land
4 she:.
D'xihnc��
Uer t
O%Asizeal Estimated C=:
f �i f 1 , 1 n. d I '-- f -11., -1 : - _°a pc : iz, c i , e d, zt t: *I- - a h c d
IuL�, Ptoperty ric-c -4ac-luded in jibolre c3timatcfl cosy
G A a a n
required bul- rot zcq"ived�
1,3 c n
-� :;A-,(13i�
6C
yeays)
m-, Find
h.*IL
66-P
51) Cell)
,,
IQ '!. ,
- !I*-. 53!'-1415
A coo -.
i*V. 15,00,
M. 937
10
45
70
-� :;A-,(13i�
6C
yeays)
m-, Find
h.*IL
66-P
51) Cell)
,,
IQ '!. ,
- !I*-. 53!'-1415
A coo -.
i*V. 15,00,
KUM, LANE. T110,71M
MUM ACQUIMIT-10411
VELTAGR OF M1111-111
'is of November 5,, 1969
p�.,operty has hewn purchased by the W-II&Se of Wina for ttei-� tivid Lcifte ozoJect-
ft.,:Gtla-se
"Total
IJT ap a d
S Li- C 11
Section. 32, Tdwat;hip 1270 Range 21:
Pareall ?0. 1400 '�,Fishar
$79,6 2, 70
acres
Z?ayu-,!:=s w, do
h-, 4: 6 9
ysalnace due in :00110wing, manner v,
1970 $119500.00
19771$500.00
1972 lOo539.22
12-29-67
Pazanl 6210 and 6000 (Rohner
Xjroperty) 2.13 zv-Tea
Pay=-.nl.ds Wade
$12,fi'00,00
$26,400,
Balance due in following manner:
Z970 4,209"Ce
1971 4D20MO
4,200.00
7,67 Rillarney
(Thernall) 27 86
pa�=Onta made CiI04,S90,17 0 $37,01501'
Vdina 1 and 2
Olart) G varzu)
pa"!=nts amadd $39,970.93 0 -51?W1,000.
8-19-49 PaThu-c-Od Knolls *Uth Addition
Omtlot 2' C�Nansan) 76 mares
11-5-69 ftction 31, Toijacghko 217, Range, 22
parcel WO. 2409 !zchetaider) 5.Z8
pay nests made
Pnwt
paymaneo CUA0 0
V) Rteeistowcd Land Sjuzvay V�O, 1126
Fam Of riz-ael 1,30" 'TOAD(Selvards)
2,,S)z cez- S C)o
Pay"mants Mr-,dQ 214, AOO 1 010 0
6.15
Paymenz:v, oade 2,000.0- 0103,50mo 1>0,0 C 0 0
8-12-69 Soctao-n. 31, T76=z- ip 12.7, 21�nge 21.,
pa,zeel 120" 2610 .4.33 C�,Ta-E! $22,000.,co
C10 021,000.00 �aso%q.
D-41M, MIT Z PROHICT to
P - to Cost DMInnees C 0
'UL A-8-55 Lud, Sub, ►7a, 7.96;
Parcel Uo� 5820 (Gleason) :-;'1,,03 kcrea $31,,030,00
pay=ntr' Marle $31 02:0, 00 - 0 --
10-2'67 Parcel 6030 (Gleason) T,02 cr-res $23,166,00
Paym2laks cacde $2"% 166 'Qo
3 A4 -69 Scenic View - Socond AddIn - GuLlat
3 --- (Poppinv-Cardaro Ile) .2 acres
Pr,y=,cnts made
10TA 111COMMUT
The pi:ojierty J to be acquired Is --s
Est, cooz
Viltln,r Hills Second - Parz ole Parcel 7500 (Zzalhl) 43 Gc�ras (111) :120 ,CLIO
Section 32, TomnshAp '127, rigs, 21%
Parcel Zo. GE00 f'Mnaow) 7,25 acre,,." "IM1000
Irt ok Parcel 17o, SVO and 5060 %mdsrCn) 2.23 acres $25,900"owc)
Section 3 - Tvvaship 116c Rlanaae 210,
Part of Parcel Vo., C540 (Olson) T,37 acres 200
A - Vadicalted
L - V"IfAl be eeclicated
C - Ulill kz condemn
D - TIVA be dedicated ns part of raaon:lng (;178,000 as vgaeoed
for the. total 31.1 acres).
E - Dni=ed ccs� as 02 August 11�' 1967 (Rotim'm7ed cost did no;; 17aclifldo ri4Iccial
''lla *ivilln'-c has =quigcd 121.2 acres, plus the ane, 'ties 1723 yt:l to
71
PARK BOUNDARY�,
4w Y
ji -4- - -
14
4 L HILL 11
_ � fir. ,.-, -�
GA110NAL c H
I I f
PROPOSED
M U D
L A K E
i. i -T
- - - - - - - - - - -
CREEK VALLEY
E L E M. SCHOOL
PROPOSED MUD LAKE "AREA
rt1-15-70
1/19/7,0
1.t
that when property is zoned it must be zoned.for a purpose for which it is
adopted. He added that the question of the legality of zoning involves a
legal judgment as to which of many different generalizations are the most
important in a specific set of circumstances and that it is the judgment of
three attorneys in his office that have been working together on this problem
that the risk of losing this case is .great enough so that the risk should not
be run in the light of the compromise that is available. It was also pointed
out that this piece of property was one of the first properties which the
Village attempted to acquire in the Mud Lake area. Mr. Hyde recalled that a
few years ago Edina residents answered a questionaire sent out by the Village
in which confidence was expressed in the Planning Commission.and in the Village
Council as far as planning and zoning were concerned. He replied to the
question concerning the cost of the dike by saying that the Village would
not spend funds for engineering until land acquisition is completed. Mr.
Bunker then complained that the plat along the ,East shore of Mud Lake should
never have been approved, since basements in the,plat will be lower 'than the
level of the lake. He suggested that since a serious error had been made in
this respect, the zoning action proposed could also be a serious error. . Mayor
Bredesen suggested the possibility of not developing Mud Lake at all and asked
Mi. Bunker what information his attorney has that it. not available to the Vil-
lage Attorneys. Mr. Johnson recalled that Mr. Olsen owns twenty -nine acres,
five acres of which will be below the flood plain level and noted that under
the agreement thirteen acres of the twenty -nine acres would be dedicated to
the Village, leaving sixteen acres for development. Mr. Schwartzbauer noted
17t' that under the agreement, it would be understood that 120 units could be
00 constructed on the property and Mr. Brill agreed., Mr. Shaw then moved that
if Mr. Olsen develops all twenty -four acres, 96 single housing units could be
constructed on the same property. Mr. Lloyd Cherne > 5704 View Lane, urged
the rezoning of this property, stating that present -.Edina residents need
such facilities in which to live when they sell their large homes. Mr.
Robert Chance, who lives on Olinger Road, urged that the zoning not be approved.
Following considerable discussion, Councilman Johnson, stating that he believes
that this is a matter of judgment and that he feels that this is the best
solution to a very difficult problem, and further because of legal ramifica-
tions, offered 'the following ordinance for First Reading, subject to compli-
ance by its owner with all provisions of the agreement of October 7, 1969,
and subject to approval of necessary variances by the Board of Appeals and
Adjustments:
ORDINANCE NO. 261 -200
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF EDINA BY ESTABLISHING
ADDITIONALiPLANNED RESIDENTIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF.EDINA, MINNESOTA, ORDAINS:
Section 1.` Paragraph 4, Boundaries of Planned.Residential District of
Section 5 (Planned Residential District) of Ordinance 261 of revised ordinances
of the Village of Edina, as amended, is hereby further amended by adding the
following subparagraph:
Planned Residential District
"(a) All of that part of Government Lot 1, Section 5, Township 116,
Range 21 lying North of the Crosstown Highway No. 62 and South and
Southeasterly of the following described line: Commencing at a
point on a line thirty -three feet (33') Southerly of and parallel
to the North 'line of Section 5, Township 116, Range 21, said point
being perpendicular. --to the North line of said Section 5 at a point
fifteen hundred eighty -seven and seventy -eight hundredths feet
Westerly of the Northeast corner of the Northwest 1/4 of said
Section 5; thence Southwesterly along a curve to the left, using
the line thirty -three feet (33') South of and parallel to the
North line of Section 5 from the North 1 /16th corner of the North-
west 1/4 of said Section 5 as a back tangent and said curve having
a central angle of 73004'24" and a radius of two hundred feet (200')
a distance of two hundred fifty -five and seven hundredths feet
(255.07'); thence Southwesterly tangent to the last described
curve a distance of twenty -eight feet (28');-thence Southwesterly
along'a curve to the right, said curve having a central angle of
45015' and a radius of five hundred thirty -nine and - eighty -six
hundredths feet '(539.861) a distance of fopr '.uhdred twenty -six
and thirty -six hundredths feet (426.361); thence Southwesterly
tangent to the last described curve a distance of four hundred
six feet (406'); thence Westerly along a curve to the right, said
curve having a radius of two hundred fifty -four and eighty -one
hundredths feet (254.81') to the West line of said Government Lot
1 and there terminating.-If
Section 2. This Ordinance shall beiin full force and effect immediately
upon its passage''and publication according to law.
12
1/19/70
Councilman VanValkenburg seconded the motion granting First Reading and on
rollcall there were four ayes with Councilman Courtney voting "nay".
WESTERN EDINA PLAN APPROVED. Mr. Hoisington recalled that on January 7, 1970,
the Planning Commission recommended approval of the Western Edina Plan with
some modification of Staff recommendations. The Planning Commission recom-
mended that the commercial center a€ County Road 18 and the Crosstown Highway
be eliminated, whereas the Staff had recommended its incorporation into the
plan. In place of the Commercial center, the Planning Commission recommended
that the property be rezoned to accommodate medium density multiple residences.
Planning Commission had also recommended that Vernon Avenue remain a two lane
street rather than a four lane street, with concrete curb and gutter as recom-
mended by the Planning Staff. Mr. Hoisington stressed the necessity for the
Council to adopt a plan,to use as a guideline for the future by both the Plan-
ning Commission and the Council. Mr. Jack Ziegler, 6012 Tamarac Drive, noted
that he represented Western Edina Homeowners' Association and endorsed the
plan except that he suggested the elimination of the newly proposed connection
between Vernon Avenue and the Fabri -Tek intersection and leave the existing
frontage road to make that connection. He quoted from the Minutes of November
16, 1964, and said that the proposed plan does not honor the commitment made
at that time to use the existing road as a connection. Mr. Hyde said that the
point in 1964 was that there would be no road from Walnut Ridge to Fabri -Tek,
.that Vernon Avenue is still a major street and that additional traffic would: not
be brought into the residential area. He added that the.problem would be
studied further. Mr. Hoisington noted that the second road was suggested
because of problems with the Frontage Road and the interchange at County Road
18 and with topography as it affects utility, placement. The audience was
told by Mayor Bredesen and Mr. Hyde that this plan, could be used for all
practical purposes but that this Council could not commit future Councils nor
would this plan stop anyone from requesting new zonings. Mayor Bredesen
emphasized that when it becomes necessary, Vernon Avenue will be widened to a
minimum of 44 feet, curb and gutter and left turn lanes installed and the ditches
at the side of the road eliminated. Messrs. Harvey Hansen, 6701 Hansen Road,
John Perry, 5537 Chantrey Road, Richard Bastyr, 6304 Aspen Road, Mr. Rolland
Davis, 5900 Walnut Drive, Duane Pogue, 5616 Heather Lana, James Thorpe, 5901
Walnut Drive and a number of unidentified persons all protested the widening
of Vernon Avenue. They expressed the opinion that without the commercial
development at the crosstown Highway and County Road 18, this improvement
would not be necessary and also questioned statements by Village officials
that Vernon Avenue is a dangerous street. An unidentified gentleman who lives
on Interlachen Blvd., questioned the necessity for high density multiple dwell-
ing development on County Road 18 and was told by Mayor Bredesen that these
people would not be apt to drive down Interlachen Blvd.. Mr. Hoisington pointed
out that plans for improvement of Vernon Avenue must be approved by 1972 and
under construction by 1973 if State turnback funds are to be made available.
Mr. Hyde also noted that State Highway funds would not be available for a 36
foot road since a 44 foot minimum width is required. He suggested that
interested residents attend a future meeting at which the County will discuss
its recommendations for Vernon Avenue. Mayor Bredesen said that officers of
the Western Edina Homeowners' Association would be notified when this matter
comes up for discussion, possibly within the next two months. Mr. Thomas
Turner remarked that affected citizens are interested in attending meetings
on Vernon Avenue but that Mr. Thomas Olson of the Highway Department had not
invited their participation. Councilman Johnson, indicating his preference-for
a shopping center as recommended by the Staff, said that he believes that the
people who live in Western Edina are entitled to a shopping centei and that,
judging from the results of a survey made in late 1967, the residents living
near Vernon Avenue are the only ones who oppose this. Councilman Shaw said
that the overwhelming sentiment of the people-at the Planning Commission Meet -
ing had convinced him that the shopping center - should be eliminated from the
plan at this time. It was emphasized again that this Council could not commit
any future Council and that property owners always have a right to petition a
rezoning. Councilman Courtney's motion accepting the Western Edina Plan in
principle as submitted, excluding the shopping center at the intersection of the
Crosstown Highway and County Road 18, but deleting the Planning Commission
recommendation limiting Vernon Avenue to two lanes was seconded by Councilman
Shaw. On- rollcall there were four ayes.with Councilman Johnson voting "nay"
and the motion was carried. (See attached Western Edina Plan as approved.)
ORDINANCE NO. 261 -198 GRANTED FIRST READING. Affidavits of Notice were pre-
sented by Clerk, approved as to form and ordered placed on file. Mr. Hoising-
ton recalled that the request of Mr. L. G._Cherne for zoning change from R - -1
Residential District to Planned Industrial District for property on County
Road 18 had been continued from October 20 and December 15, 1969, pending
1
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WESTERN EDINA
LAND USE PLAN
Adopted Planning Commission 1 -7 -70
Adopted Village Council 1 -19 -70
. NOTE: See Revised T3estern Edina Plan in Minutes of May 4, ]970.
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PURPOSE
The purpose of this written document is to provide pertinent background
information on Western Edina and to supplement the concepts portrayed on
the graphic plan map. Obviously, not all policies can be portrayed in
graphic form, so this text must necessarily become part of the overall
plan. The plan map and this text together make up the Western Edina Plan.
BACI:GROUND
Subject Area: The subject area is bounded by the north and west Village
limits, Braemar Park on the south and the Minneapolis, Northfield and
Southern Railroad and Northern States Power Co. rights -of -way on the east.
It therefore includes most of the land west of Highway 100 with the ex-
ception of the Southwest Edina Plan area (Braemar area) and the Grandview
area which still needs considerable study.
Population: The population of Western Edina approximates 15,000 people
at present and all but 250 of these live in low density detached housing.
It is anticipated that the population of this area will grow to 23,200
before 1978 if this plan is implemented. Approximately 74% or 17,000
people will be housed in single family detached dwellings with the remain-
ing 26% living in attached housing.
Existing Land Use: There are approximately 500 acres of vacant developable
land remaining in Western Edina, most of which is located along County
Road 18 north of the Crosstown Highway.
Residential Development: Predominantly single family in character,
Western Edina contains but 119 apartment dwelling units at present, 80 of
which are located on County Road 18 south of the Pederson Dairy site and
the remaining 39 located between Eden Prairie Road and Vernon Avenue just
east of Blake Road. Only 10 acres of the total 4,000 acres in Western
Edina are presently zoned R -3 (10 to 12 units per acre maximum density).
Some 38 acres along County Road 18 and near Blake Road are zoned R -4
(up to 30 units per acre maximum density). R -2 zoning is generally
found along major streets where double bungalows serve as buffers for
single family areas.
Nearly all housing in the plan area is high value and relatively new.
The greatest potential blight problem, however, exists in the far north-
west corner of the Village adjacent to Hopkins and the Super Value ware-
house. Other problems are a lack of variety in housing and overutilization
of land at the expense of natural features.
Commercial Development: At the present time, Western Edina is served
predominantly by only three convenient commercial centers; Grandview
(Vernon Avenue and Highway 100), the 50th and France area and Cahill at
West 70th Street. The latter of these is a convenience type center which
caters to the day -to -day needs of only a few Western Edina residents.
The plan area is very heavily dependent on the Grandview shopping center
for both grocery and convenience shopping needs. (1)
(1) As evidenced by the results of a questionnaire sent randomly to
100 Western Edina residences in late 1967.
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Western Edina
Land Use Plan
There are no commercial facilities located within the plan area itself. Three
rezoning requests were denied for shopping centers in 1968 and another withdrawn.
Studies indicate that much of Western Edina is beyond four minutes driving time
from existing shopping facilities; that 57% of Western Edina residents, according
to a sample questionnaire survey, feel additional commercial service facilities
are needed; and that adjacent communities will not satisfy our commercial service
needs.
Industrial and Office Development: Industrial development is very limited in
Western Edina with Fabri Tek on County Road 18 and some development between County
Road 18 and Washington Avenue being the only office and industrial facilities
now present. Land already zoned for this purpose (Planned Industrial District)
totals approximately 50 acres.
Natural Features. Parks, Recreation, and Open Space: Western Edina has a very
significant amount of permanent open space at the present time. Although not
included in the Western Edina plan, Braemar Park alone consists of nearly 500
acres. Other significant areas include Mud Lake where the Village has acquired
nearly all of its 160 acres, Interlachen Golf Course (175 acres), Grandview
Cemetery (60 acres) and the various school and park sites.
It has been the policy of the Village to acquire all lands adjacent to and on
both sides of the Nine Mile Creek to insure perpetual public use and to provide
creek protection. The Creek'is the most significant natural feature in the
Western Edina area and also one of the most vulnerable. The plan area is
characterized, too, by variable topography, many lakes and ponds, wetland areas,
and many mature wood lots.
The total acreage of existing parks and open space in Western Edina approximates
700 acres not including Braemar Park.
Utilities: All of the study area is served by trunk sanitary sewer and watermain.
All developed areas have lateral facilities available as well. The trunk sanitary
sewer alignment approximates that of the Nine Mile Creek. It varies from 12" to
18" in diameter and carries one cubic foot per second of sewage from Hopkins in
addition to our own contribution to the system.
Since May 1, 1968, there has been a moratorium on apartment rezonings throughout
Western Edina because of concern over capacity problems. This problem will
be improved considerably later this year when Hopkins no longer utilizes our
system.
Presently, all new subdivisions in Western Edina are required as a condition of
plat approval, to have underground electric service and ornamental lighting.
Existing Major Streets: The three major regional transportation facilities in
Western Edina are Highway 100, County Road 18 and the Crosstown Highway.
Respective daily traffic volumes on these facilities were approximately as follows
-2-
S
Western Edina
Recommended Land Use Plan
in 1968: 30,000, 12,000 and 10- 15,000. Traffic volumes for 1975 are expected to
approximate 50,000 vehicles per day on each of these facilities. Each is pro-
posed to be built to freeway design.
Of secondary importance in the Western Edina street system are Interlachen Blvd.,
Vernon Avenue, Valley View Road, Gleason Road, Tracy Avenue and Blake Road.
Each of these serves as an arterial street and collectively they must be
considered as the main system of Village streets.
Maloney Avenue, Hansen Road, Benton Avenue, West 66th Street and Valley Lane and
Mirror Lakes Drive are of lesser importance than are the arterial streets, how-
ever, these represent the remainder of the existing major street system. All of
these but the regional system are either county or municipal state --aid streets.
Traffic is perhaps the most significant problem facing Edina at the present time.
Traffic volumes are rapidly increasing on most streets and the cause is simply
increased automobile ownership. A proper solution will require that the system
be designed to discourage through traffic on local residential streets and to
encourage through traffic to use the major street system.
-3-
I
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PLAN PROPOSALS AND
CONCEPTS
l
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Western Edina
Recommended Land Use Plan
OVERALL OBJECTIVES
The Village of Edina began as a high value, prestigeous single family community.
Western Edina typifies this characteristic and its residents desire that this
character remain basically unchanged.
Thus, single family residential uses should preclude all other uses to be made
of vacant lands in Western Edina except in cases where land development costs make
such development prohibitive, where environmental circumstances suggest a more
appropriate use, or where other uses should be encouraged to satisfy needs for
commercial services, a wider range of housing types, or a strengthening of
the Village's tax base through diversification.
It should be our objective to maintain our residential image and to create the
best possible residential environment by minimizing adversity and improving
necessary services.
-4-
l
Western Edina
Recommended Land Use Plan
LAND USE PLAN
A land use plan is but a general guide to assist in making land development and
redevelopment decisions. It is a set of policies which should yield orderly
development if properly implemented. Such policies should reflect both the
needs and desires of Edina residents, the objective, of course, being to satisfy
their desires without compromising their basic needs.
Unlike zoning, a plan depicts general areas whereas zoning is based on specific
property lines or definable boundaries. Concepts or relationships are the essence
of a plan,not property lines.
Residential Development: With population growing at the expense of nature at the
present time, it would appear that this trend should be reversed. People will
need considerably more housing and also much more open space to maintain an
environmental balance. Both cannot always be satisfied with traditional detached
housing patterns. Secondly, the Village is faced with a housing shortage of sorts
and thus should provide a variety of housing types for those of its residents
whose housing needs will change.
The Village must therefore consider different patterns and types of housing
throughout Edina including high and low rise apartments, townhouses, and cluster
detached housing in addition.'to the traditional single family patterns. All of
these do not have application in Western Edina, but low rise apartments, town-
houses and cluster housing are highly appropriate.
Cluster detached housing as permitted by Planned Residential District requirements
should be permitted in any low density area of Western Edina where necessary
and appropriate to preserve open space, trees, topography, water bodies, wetlands,
etc. Furthermore, we should continue our policy of rezoning critical properties
along major streets, railroad tracks, etc. for double bungalows even though
the plan may call for low density detached housing. Such uses effectively serve
as buffers for low density detached housing -areas.
Creative design and the grouping of structures should be practiced in all cases
rather than single rows or strips of housing. A close eye should be kept on
the far northwest section of the Village for incipient blight.
Generally, low density detached residential development (0 -4 units per acre)
consists of single family homes, however, as stated above, clustering of detached
homes should be permitted in all such areas. Low density attached housing has
the same density as detached housing (0 -4 units per acre) but dwelling type varies.
Such areas would accommodate single family cluster housing, two family dwellings,
townhouses and apartments.
Dledium density multiple residential (5 -12 units per acre) and high density
multiple residential (over 12 units per acre) represent more typical apartment
developments. 'Where possible, existing natural vegetation, topography, water
bodies, etc. should be preserved and incorporated into the design of residential
areas.
-5-
Western Edina
Land Use Plan
By 1978, the plan area will house some 23,200 residents as follows:
Housing Types # Units # of Residents # Res. /Unit # of Acres
Low Density Detached 17,000 2087
Low Density Attached 520 1,500 2.8 130
Medium Density Multiple 1050 2,200 2.1 88
High Density Multiple 1200 2,500 2.1 55
Commercial Development: Though not a part of the plan for Western Edina, the need
for retail commercial development may evolve as time passes. If, as times change,
such a facility is deemed necessary, it should have a peripheral location. Such
a center, if approved, should have as its principle tenant a major grocery store
and should be expected to accommodate such related retail and service facilities
as a drug store, barber shop, beauty shop, restaurant, shoe repair shop, laundromat,
dry cleaning pick up station, etc. Uses should include, but should not be limited
to these uses only. One gasoline station should also be included as an integral
part of the retail complex.
The whole complex should be designed as a single unit with a great deal of emphasis
on creativity and aesthetics. Such things as separating vehicular from pedestrian
ways, depressed parking, functional court yards, creative landscaping, court yard
furniture, decorative paving and lighting, etc., should be incorporated into the
overall design of this facility. The intent must be to properly integrate the
center with surrounding residential development and also to make it a highly
desirable and interesting place to shop.
If no such facility is felt to be necessary in the Plan area, adjacent communities
should be encouraged to provide facilities so located to adequately serve Western
Edina residents.
Industrial and Office Development: Industry will not be a significant user of land
in Western Edina. Only about 90 acres will be so developed and all such develop-
ment will occur in the early stages of plan implementation. Much of this type of
development will occur immediately adjacent to the Nine Mile Creek and precautions
should be taken to protect the creek both during and after construction.
Natural Environment: If the current situation continues, (i.e., pollution, flood
plain encroachments, etc.) according to conservationists, the environmental
balance will be so upset by the year 2000 that it may no longer be possible to
sustain life on this planet. We must therefore begin to respect nature in every
land development decision we make.
We must: protect the natural environment (topography, water, air, soils &
vegetation) and people and property from natural hazards provide adequate
quantities of permanent open space to maintain an environmental balance; conserve
necessary natural resources; and wherever possible, replace or renew damaged
resources.
Western Edina
Recommended Land Use Plan
Western Edina has an abundance of natural amenities that will require protection.
These are the Nine Mile Creek, Mud Lake, lakes and ponds, hills and wood lots.
The means to protect and conserve these features are as follows:
(1) Eliminate all potential water and air pollution sources;
(2) Easements, dedication or purchase of permanent wetlands, ground
water recharge areas, mature wood lots, and wildlife areas;
(3) Easements, dedication or purchase of land along the shorelines of
streams to minimize flood losses, to provide adequate channel
capacity and to allow public access.
(4) Cluster development, selective clearing and sensitive design to
preserve and enhance existing topography and natural vegetation.
Preliminary drawings for all proposed developments should be submitted to the
Village showing all existing natural features, including trees. Grading plans
should be submitted to the Watershed District Board of Managers or their
consultants for all sites in close proximity to the wine Mile Creek. Approximately
100 feet (depending on topography) on both sides of the Creek should be acquired
by the Village through dedication or easement. No structures of any kind should
be built within 100 feet of the Creek centerline except bridges and culverts.
Parks, Recreation, Open Space and Public Facilities: Very little new public
open space will be acquired over-the next 10 years. Already having an abundance
of both recreation and open space facilities, only about 50 additional acres
will be needed to bring the total in Western Edina to 750 acres. Continued
dedication of property along the Nine Mile Creek and acquisition of one 6 -10 acre
park is anticipated.
A great deal of imagination should be used in planning future recreation
facilities. In addition to the traditional active recreation facilities for the
young, we must begin to consider other forms of recreation as well. Such things
as bicycle and jogging paths, and public walkways along the Creek and around
the Mud Lake area should be encouraged.
Passive recreation for the elderly and creative recreation for all ages including
creative toys for children should also be encouraged. Small, privately owned
neighborhood recreation areas should be required in the future as a condition of
platting.
While few new public buildings will be built in Western Edina over the next
few years, it is anticipated that one new central fire station will be constructed
within the next two years at Tracy Avenue and the Crosstown Highway.
Utilities: It is assumed that with the help of the Metropolitan Sewer Board,
present sanitary sewer problems will be eradicated. Sources of relief are
Bloomington, Eden Prairie or Hopkins. The Village should cooperate with all
surrounding governmental units and the Metropolitan Sewer Board to solve area -wide
sewer problems.
-7-
Western Edina
Land Use Plan
MAJOR STREET PLAN
Streets must be designed to carry people and goods throughout the Village and
yet they must be designed to serve different functions. Not all streets can
or should serve the same function.
A functional system consists of a hierarchy of streets ranging from local streets
to regional highways. Ideally, local residential streets are short, are not
convenient for use nor easily accessible by through traffic, and serve only that
traffic generated by the houses on that street. These streets are not part of
the major street system.
The major street system consists of collectors, arterials and freeways. These
facilities should be convenient for use by through traffic to minimize the use of
local streets for this purpose. The objective in all cases should be to separate
local from through traffic, residential from commercial traffic, etc., while at
the same time creating appropriate linkages between land uses. The following
table shows the characteristics of the various street types.
STREET FUNCTIONS AND STANDARDS
1. Local Street: Provides direct access to individual abutting properties;
40' minimum right -of -way width; 22 -30' pavement width;
2 moving lanes; low traffic volumes.
2. Collector Street: Collects traffic from local streets and moves it to
and from arterial streets; a minimum of direct driveway
access; 50' minimum right -of -way width; 24' pavement
width, no state -aid; 36' pavement width, one parking
lane, state -aid; 44' pavement width, parking both sides;
medium traffic volumes.
3. Minor Arterial: moves through or longer distance traffic at moderate speeds
and volumes to and from expressways, freeways, and local
traffic generators (shopping centers, employment centers,
etc.); a minimum of direct driveway access; state -aid 36'
minimum pavement width; 60' minimum right -of -way width;
2 -4 moving lanes; no parking.
4. Major Arterial: :loves through or longer distance traffic at moderate speeds
and higher volumes to and from expressways, freeways and
other major traffic generators. Arterials serve as the
primary Village street system, taking people conveniently
from place to place within the community and to some
extent into adjoining communities; 44' minimum pavement
width; 80' minimum right -of -way width; no parking; no
driveway access to abutting properties.
IM
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Western Edina
Land Use Plan
5. Scenic Road: Moves non - -commercial pleasure oriented traffic through
scenic area; 24' -48' pavement width; minimum access to
abutting properties.
6. Expressways and Freeways: Moves through, regional or inter - community
traffic at high speeds and volumes between
regional traffic generators; controlled access;
200' -300' right -of -way width; median required.
By the time Western Edina is fully developed, it will contain some 800 acres of
streets and highways and 20% of the plan area will be so dedicated. Existing
streets will, in most cases, continue to serve their present function and few
major changes in roadway width are anticipated. All major streets that are also
State -Aid facilities and that are not already 36 feet wide should be so designed.
Where this width is not necessary and abutting residents are willing to relinquish
State -Aid funds, such streets could be narrower than 36 feet. The function of the
street would not change, however. Vernon Avenue is the exception since it has
sufficient right -of -way width and very few driveway entrances to impede traffic
flows. It should be a minimum of 44 feet in width.
Many improvements should be made to existing streets to make them function better
and to improve their safety. Improved vertical and horizontal alignments, new
turning lanes and sidewalks and clearer vision at intersections are improvements
that should be made to such streets as Interlachen Blvd. and Blake Road. Ninety
degree intersections should be created at Gleason, Hansen and Blake Roads at their,
junction with Vernon Avenue. All streets should, as near as possible, be made to
intersect at right angles. Improved signage and signalization and a reevaluation
of speed limits should also be considered, particularly on Vernon Avenue. Traffic
Operations Program To Increase Capacity and Safety (TOPICS), a new federal program,
may be utilized to make such improvements.
New streets are primarily found nearest County Road 18 with Lincoln Drive serving
as a detached frontage road and as a minor arterial between Seventh Street South
and the Fabri Tek interchange. Vernon Avenue will extend to the Fabri Tek inter-
change as a major arterial. A frontage road from Gleason Road to Vernon Avenue
will provide access for properties just north of the Crosstown Highway. State -
Aid funding should be explored for these facilities and County financial
assistance should be solicited for detached frontage road facilities. It should
be here noted that the plan contemplates no street connections between Park-wood
Knolls and County Road 18 except one access point across the Creek near the Fabri
Tek interchange. Such Creek crossing is shown in the plan map.
The diamond interchanges in the vicinities of Seventh Avenue South and Fabri Tek
on County Road 18 are located conceptually on the plan. Precise designs and
locations will be determined at a later date. It has been substantiated jointly
by Hopkins, Minnetonka and Edina that these facilities are needed.
The following table depicts the recommended function and width of streets in
Western Edina:
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'1/19/70
approval by Council of the Western Edina Plan. The Plan having been adopted
and no persons appearing to object to the proposed zoning, Councilman Shaw
offered Ordinance No. 261 -198 for First Reading as follows:
ORDINANCE NO. 261 -198
AN ORDINANCE,AMENDING THE ZONING ORDINANCE
OF THE.VILLAGE OF.EDINA•BY ESTABLISHING AN
ADDITIONAL PLANNED INDUSTRIAL.DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,_MINNESOTA, ORDAINS:
Section 1. paragraph 2,-Boundaries of Planned Industrial District of the
Planned Industrial District of Section 10 (Planned Industrial District) of
Ordinance 261 of revised ordinances of the-Village of Edina, as amended, is
hereby further amended by adding after subparagraph (ff) of said paragraph 2,
the following subparagraph:
Planned Industrial District
"(gg) That portion of the following described property lying West of
Nine Mile Creek: Commencing at a point on the West line of the
SW 1/4 of the NW 1/4, Sec., 31, Twp.,117, R. 21, said point being
1547.51 feet South from the *1 corner of said Section; thence
East to a point on the East line of the SW 1/4 of the NW 1/4
a distance of 1531.46 feet south from the North line of said
section; thence South 299..51 feet; thence West to a point on the
West line thereof ,a distance of 299.51 feet South from point of
beginning; thence North to point of beginning except road.
Together with the following: Commencing on the West -line of the
�0 SW 1/4 of the NW 1/4 of Sec. 31, Twp.,117,.R. 21 at a point a
distance of 1847'.02 feet South from the NW corner of said Section;
thence East to a point on the East line of the SW 1/4 of the NW
b� 1/4 a distance of 1830.97 feet South from the North line of,
said'Section 31; thence South 159.87 feet; thence West to a point
on the West line thereof a distance of 159.87 feet South of
beginning; thence North to point of beginning, except road."
Section 2. This ordinance shall be in full force and effect immediately
after its passage and publication according to law.
ORDINANCE NO. 261 -199 GRANTED FIRST READING. Affidavits of Notice were pre-
sented by Clerk, approved as to form and ordered placed,on file. Mr. Hoising-
ton presented the request of Mr. R. E. Kremer for zoning change for property
located on County Road 18 south of the Cherne property, from;,R- 1:R6sidential
District to Planned Industrial District.' Mr. Hoisington recalled that this
matter had been continued from October 20 and'December 15, 1969, pending
approval by Council of the Western Edina Plan. This plan having been adopted
and no persons appearing to object to the proposed.zoning, Councilman Courtney
offered Ordinance No. 261 -199 for First Reading as- follows:
ORDINANCE NO. 261 -199
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF EDINA BY ESTABLISHING AN
ADDITIONAL PLANNED INDUSTRIAL DISTRICT
THE.VILLAGE COUNCIL OF THE VILLAGE-OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 2, Boundaries of Planned Industrial District of
Section 10 (Planned Industrial District) of Ordinance 261 of revised ordinances
of the Village of Edina, as amended, is hereby further amended by adding after
subparagraph (gg) of said paragraph 2, the following subparagraph:
Planned Industrial District
"(hh) That portion lying West of Nine Mile Creek of that part of the
SW 1/4 of NW 1/4 of Sec. 31,_ Twp. 117, R. 21, Hennepin County,
Minnesota, lying South of a line drawn between a point on the
West line of said SW 1/4 of NW 1/4 2006,89 feet South from the
NW corner of the NW 1/4 of said Sec. 31 and a point on the East
line of said SW 1/4-of NW 1/4 1990.84 feet South from the NE
corner of NW 1/4 of NW 1/4 of said Sec. 31, subject to easement
for road over the West 33 feet thereof."
Section 2.. 'This Ordinance shall be in full force and effect immediately
after its passage and publication according to law.
ORDINANCE NO. 261 =197 GRANTED SECOND READING. Mr. Hoisington presented Ordin-
ance No. 261 -197 for Second Reading, noting that Mr. David Thomas has-provided
the protective covenants required at First Reading on December 15, 1969. In
response to questions of Councilman Shaw, Mr. Hoisington noted that Mr. Thomas
has-agreed that the building will be no higher than two stories above grade in
front and that the roof top elevation will not exceed 924 feet above sea level.
Mr. Hoisington further stated that the height of the building might be even,
lower than the building immediately to the North of the proposed building. No
further discussion being heard, Councilman VanValkenburg offered Ordinance No.
261 -197 for Second Reading and moved its adoption as follows: .
1. 3
14 1/19/70
ORDINANCE NO. 261 -197
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONIA'G.ORDINANCE) OF THE -VILLAGE OF EDINA
ESTABLISHING ADDITIONAL 9 -4 MULTIPLE RESIDENCE DISTRICT
THE VILLAGE COUNCIL : OF . THE VILLAGE , OF_.E11iNA, . 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, as amended, is hereby further amended by add-
ing the following subparagraph:
District R -4:
11(33) Lots One (1) and Two (2), Block One (1), Elmwood Terrace and
Lot One (1), Block One (1), Elmwood Terrace 2nd Addition."
Section 2. This ordinance shall be in full force and effect from and
after its publication and passage according to law.
Motion for adoption of the ordinance was sepended by Councilman Johnson and
inrtolldall,,there were four ayes-with Co cilman Shaw voting "nay" and the
ordinance was adopted. '
ATTEST:
Mayor
r
Village Clerk
OLD LIBRARY SITE PLANS CONTINUED. As recommended by Mr. Hoisington, Council-
man Johnson's motion continuing discussion of plans for the Old Library site
to February 16, 1970, was seconded 'by Councilman Courtney and carried.
TOP-ICE AGREEMENT APPROVED. Mr. Hyde recalled that at the Council Meeting of
January 5, 1970, a proposed agreement between Hennepin County and the Village
had been studied and questions and objections had been raised. He reported
that the agreement had been revised to reflect the requests of the Village
and that questions had been answered satisfactorily. Councilman Johnson then
offered the following resolution and moved its adoption:
RESOLUTION APPROVING
AGREEMENT FOR BASIC STREET AND TRAFFIC INVENTORY
BE IT RESOLVED by the Edina Village Council that "Agreement for Basic Street
and Traffic 'Inventory" be and is hereby approved and that the Mayor and
Village Manager are hereby authorized to execute this agreement.
Motion for adoption of •the resolution was seco a by Councilman Shaw and on
rollcall there were five ayes and no nays a the resolutio as adopted.
ATTEST:
Cl _N / Mayor
Village Clerk
POLLUTION CONTROL AGENCY BURNING BAN DISCUSSED. Mr. Schwartzbauer advised
Council that restrictions imposed by the Einnesota Pollution Control Agency
restricted open burning of refuse in areas where public or commercial refuse
collection service is available. He noted that open burning of leaves would
not be prohibited until two months after a general solid waste pick -up system
is developed by a municipality that is part of a comprehensive plan for solid
waste disposal. Until such time, burning of leaves 'only in containers meet-
ing fire safety standards is permitted. No.action was taken.
MOTOR VEHICLE LICENSE SALE BY VILLAGE APPROVED. Mr. Hyde advised Council
that, in accordance with a new state law, the County Auditor had formally
requested that the Village issue motor vehicle licenses in the Village Hall,
with the 504 fee to go to the municipal treasury. As recommended by Mr.
Hyde, Councilman VanValkenburg's motion that the Village proceed as requested
by the County Auditor was seconded by Councilman Courtney and carried.
VOTING COOPERATION BETWEEN VILLAGE AND SCHOOL DISTRICT APPROVED. Mr. Hyde
advised Council that the Board of Education had groposed:to use the Village
voter registration system cooperatively, to use Village Voting machines for
school elections and to reimburse the Village for their use and to permit the
appointment of a School District.Registration Officer to coordinate work with
the Village and handle registration of school district residents who reside
outside of the Village. Mr. Hyde added that the twelve new voting precincts
coterminous with the Village insofar as possible have been developed and
recommended that the Village cooperate with the School District as permitted
by.Minnesota Statutes 1969, Chap. 636, Subd. 201.33. Councilman Courtney's
motion approving the proposed cooperation by the Village and independent
School-District 273-as; requested was seconded by Councilman Johnson and carried.
1
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1/19/70 16
SUPERIOR 11400" BEER LICENSE APPROVED. As recommended by Chief Bennett and by
the Village Sanitarian, Councilman., Johnson's motion approving an Off -Sale Beer
License transfer from Park'n Shop tq Superior "400" Oil Company at 5241 Eden
Avenue was seconded by Councilman Shaw and carried.
PUBLIC WORKS DEPARTMENT WAGES DISCUSSED. Mr. Hyde advised Council that wages
for the Department of Public Works have not been settled. The offer of the
Village has been rejected by the union and by Village employees. Mr. Hyde
added that some municipalities have individually accepted the offer.
PLANNING COMMISSION MEMBERS APPOINTED. Upon the recommendation of Mayor Bredesen,
Councilman Courtney's motion confirming the appointment of Mr. David T. Runyon
and the reappointment of Mr. William W. Lewis for terms of three years each
was seconded by Councilman VanValkenburg and unanimously carried.
PARK BOARD MEMBERS APPOINTED. Mayor Bredesen announced the appointment of
Mr. Frederick Richards.and the reappointment of Mr. William W. Lewis to the
Park Board for terms to expire on February 1, 1973. Councilman VanValkenburg's
motion approving the appointments was seconded by Councilman Courtney and carried.
COUNCILMAN COURTNEY APPOINTED TO HUMAN RIGHTS COMMISSION. Mayor Bredesen
announced the appointment of Councilman C. Wayne,Courtney to the Human Rights
Commission for a term-of three years, whereupon Councilman Johnson's motion
approving the appointment was seconded by Councilman VanValkenburg and carried.
(See Correction in'2 /2 /70'Minutes)
BOARD OF APPEALS AND ADJUSTMENTS MEMBERS REAPPOINTED. Mayor Bredesen announced
the reappointment of Councilman VanValkenburg, and Messrs. George J. Nugent,
Lawrence W.' Rixe and Frank J. Tupa, alternate, as members of the Board of
Appeals and Adjustments. Councilman.Shaw's motion confirming the appointments
was then seconded by Councilman Courtney and carried.
ORDINANCE NO. 51B -9 GRANTED -FIRST READING. Mr. Hyde presented Ordinance No.
51B -9 which will require access -to equipment which is being placed on ro6fs'.of:-.'
buildings. Mayor Bredesen.suggested that this ordinance might not be necessary.
Followingisome discussion, Councilman VanValkenburg offered the following
ordinance for First Read!rig..as- .follows:
ORDINANCE NO. 51B -9
AN ORDINANCE AMENDING ORDINANCE NO. 51B
(BUILDING CODE) AS TO UNSAFE BUILDINGS
AND AS TO SMOKE AND HEAT VENTING
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,•MINNESOTA, ORDAINS:
Section 1. Section I of Ordinance No. "51B (Building Ordinance) of the
Village, as amended, is hereby, further amended to read as. follows:
"Section 1. Uniform Building Code and NFPA Guide No. 204 (Smoke and-Heat
Venting Adopted. There are hereby adopted and incorporated herein by reference,
as an ordinance of the Village of Edina, the following documents:
(a) 'Uniform Building Code, 1964 Edition, Volume I,' and 'Uniform Build -
ing Code (Standards), 1964 Edition, Volume III,'•both published by the Inter-
national Conference of Building Officials, including the Appendix but exclud-
ing Section 204 of the main.body of the Code; However, Section 203 of the Code
shall be deemed not to be applicable in any case whe�i Ordinance No. 148A
would apply, and
HAM RADIO ANTENNA CONTROL CONTINUED. Mr. Schwartzbauer. reported that Mr.
Whitlock had written to the Radio Relay League for suggestions on a proposed
ordinance controlling ham radio Antennas but had as yet received no reply.
The matter was continued.
METRO U.S. CONSTRUCTION COMPANY SUIT TO GO BY DEFAULT. Mr. Hyde advised
Council that the Village had been sued by Metro U.S. Construction Corporation
in order to clear title to Lots 1 through 22, except Lot 18, inclusive, Block
k, Edina Interchange Center, Third Addition, known as "Blooming Road ". The
property had been conveyed to the County in 1876 for highway purposes but the
road was never opened. The suit is merely an attempt to clear title since the
Village has no interest in the land. As recommended by the Village Attorney,
Councilman.Shaw offered the following resolution and moved its adoption:
RESOLUTION
2tv
RESOLVED that the Village of Edina claims no interest in the so- called Blooming
Road and will, accordingly, interpose no answer to the plaintiff's complaint
a
which was served on the Village on December 22, 1969.
Motion for adoption of the resolution was sec died by Councilman Johnson and
on rollcall there were five ayes and no na and the resol tion was ad pted.
ATTEST:
Mayor
Village Clerk
PLANNING COMMISSION MEMBERS APPOINTED. Upon the recommendation of Mayor Bredesen,
Councilman Courtney's motion confirming the appointment of Mr. David T. Runyon
and the reappointment of Mr. William W. Lewis for terms of three years each
was seconded by Councilman VanValkenburg and unanimously carried.
PARK BOARD MEMBERS APPOINTED. Mayor Bredesen announced the appointment of
Mr. Frederick Richards.and the reappointment of Mr. William W. Lewis to the
Park Board for terms to expire on February 1, 1973. Councilman VanValkenburg's
motion approving the appointments was seconded by Councilman Courtney and carried.
COUNCILMAN COURTNEY APPOINTED TO HUMAN RIGHTS COMMISSION. Mayor Bredesen
announced the appointment of Councilman C. Wayne,Courtney to the Human Rights
Commission for a term-of three years, whereupon Councilman Johnson's motion
approving the appointment was seconded by Councilman VanValkenburg and carried.
(See Correction in'2 /2 /70'Minutes)
BOARD OF APPEALS AND ADJUSTMENTS MEMBERS REAPPOINTED. Mayor Bredesen announced
the reappointment of Councilman VanValkenburg, and Messrs. George J. Nugent,
Lawrence W.' Rixe and Frank J. Tupa, alternate, as members of the Board of
Appeals and Adjustments. Councilman.Shaw's motion confirming the appointments
was then seconded by Councilman Courtney and carried.
ORDINANCE NO. 51B -9 GRANTED -FIRST READING. Mr. Hyde presented Ordinance No.
51B -9 which will require access -to equipment which is being placed on ro6fs'.of:-.'
buildings. Mayor Bredesen.suggested that this ordinance might not be necessary.
Followingisome discussion, Councilman VanValkenburg offered the following
ordinance for First Read!rig..as- .follows:
ORDINANCE NO. 51B -9
AN ORDINANCE AMENDING ORDINANCE NO. 51B
(BUILDING CODE) AS TO UNSAFE BUILDINGS
AND AS TO SMOKE AND HEAT VENTING
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,•MINNESOTA, ORDAINS:
Section 1. Section I of Ordinance No. "51B (Building Ordinance) of the
Village, as amended, is hereby, further amended to read as. follows:
"Section 1. Uniform Building Code and NFPA Guide No. 204 (Smoke and-Heat
Venting Adopted. There are hereby adopted and incorporated herein by reference,
as an ordinance of the Village of Edina, the following documents:
(a) 'Uniform Building Code, 1964 Edition, Volume I,' and 'Uniform Build -
ing Code (Standards), 1964 Edition, Volume III,'•both published by the Inter-
national Conference of Building Officials, including the Appendix but exclud-
ing Section 204 of the main.body of the Code; However, Section 203 of the Code
shall be deemed not to be applicable in any case whe�i Ordinance No. 148A
would apply, and
1 1/19/70
(b) 'Guide for Smoke and Heat Venting, NFPA No. 204 - May, 19611, contained •i.-,
in 'National Fire Codes, Volume.4, 1967 -68', published by National Fire Protec-
tion Association; however, said guide shall apply only to Group A through H
Occupancies as defined in said Uniform Building Code."
Sec. 2. Section 2 of said ordinance as amended, is further amended to
read as follows:
"!Sec. 2. Codes.on File. Three copies of .the codes described in Section
1, marked 'Official Copy' shall be on file in the office of the Clerk prior to
publication of this ordinance 'and shall remain on file for use and examination
by the public. The Clerk shall furnish .copies of said documents at cost to
any person on request."
Sec.-3. Sections 7, 8 and 9 of said ordinance, as amended, are hereby re-
numbered as Sections 8, 9 and 10, and a new Section 7 is hereby added to-the
ordinance reading as follows:
"Sec. 7. Roof Access and Roof Appliances_._ In addition.to the require-
ments of Section 5103 of the Uniform Building Code, all buildings having any
heating, air conditioning., refrigeration or other mechanical equipment located
on the roof shall be required to have "a stair leading to a scuttle or bulk-
head in said roof to make such equipment easily accessible to maintenance and
inspection personnel. The stair leading to the scuttle or bulkhead shall be
placed at an angle of not more than 60 degrees to the horizontal, with flat
steps not less than six inches in width and a *minimum length of 24 inches at
the tread. No riser shall be more than nine inches and handrails shall be
provided on both sides of the access stairs. The minimum opening of the scuttle
or bulkhead shall be not less than six square feet in area with the minimum
dimension being not less than two feet. In no case shall this required access
stairs be located in or pass through the elevator shaft or elevator machine
room. •
"A suitable platform or walkway shall be provided if water stands at the
location of the mechanical equipment or in the passage leading thereto.
Proper permanent .lighting shall be provided to light the access route and the
equipment. The switch for such lighting shall be located inside the building
near the required access.
"Appliances shall be located with at least six feet of clearance from the
edge_of the roof or similar hazards wherever possible. If the clearance is
less than six feet, a suitable rail or .guard not less than forty- two.inches
in height shall be provided. All roof -top equipment shall be property
screened from view.
"Each appliance shall have an accessible disconnect switch and a 110 -
120 volt A.C. grounding type convenience outlet on the roof near the appli-
ance. Said convenience outlet shall be on the supply side of the disconnect
switch.
"Protection from the - weather shall.be provided for all heating equipment
and for all air conditioning equipment that is used through the winter season
either by the design of the appliance itself or by an enclosure around the
service area of the appliance only. This enclosure shall permit easr entry
and movement, shall be of reasonable height, and shall have at least two feet
of clearance to either side of the service access'panel of the appliance."
.Sec. 4. This ordinance shall be in full force and effect upon its pass-
age and publication.
Motion granting First Reading to Ordinance No. 51B -9 was seconded by Council-
man Johnson and on- rollcall there were four ayes with Mayor Bredesen abstaining.
ORDINANCE NO. 195 GRANTED FIRST READING.,-Mr. Hyde presented Ordinance No. 195
for First Reading, noting that this ordinance has been drawnritp•lby ;•the Park
and Police Departments with the cooperation of the Village Attorneys and the
Department of Conservation on control of snowmobiles. He noted.that this
ordinance is necessary to back up the State law in that it limits the use of
snowmobiles to designated places in parks, keeps them off public streets
and off private property except with the permission of the owner. An unidenti-
fied gentleman in the audience was told that the ordinance would prohibit
snowmobiles from crossing private property without the permission of the owner
and if the Police would be-provided with means to apprehend a violator. He
was told that mo snowmobiles would be purchased for that use. Councilman Van
Valkenburg then offered Ordinance No. 195 for First Reading as follows:
ORDINANCE NO. 195
AN ORDINANCE REGULATING OPERATION OF
SNOTTMOBILES AND REQUIRING EQUIPMENT
THEREOF; PRESCRIBING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:.
Section 1. Interpretation. The provisions of this ordinance,are supple-
mentary to those in Chapter 84, Minnesota Statutes which relate to snowmobiles.
-This ordinance is not to be interpreted as allowing what state law prohibits.
or as prohibiting what state law expressly allows.
0
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1/19/70
Sec. 2. Definitions. "Snowmobile" means a self - propelled vehicle
designed for travel on snow or ice or a.natural terraine steered by wheels,
skis or runners. "Commissioner" means the Commissioner of Conservation!of
the State of Minnesota.'
Sec. 3. Places'where Operation Prohibited.,, No person may operate a
snowmobile in .the following places:
(a) On private property except with the permission of the owner or law-
ful occupant.
(b) On public property,:including school sites, parks, playgrounds,
recreation areas, golf'coursep, lakes, ponds and streams, except as herein-
after expressly provided-to the contrary.
(c) Public streets and highways,, except to,the extent pemmitted by
state law..
(d) Within 100 feet of any person while fishing, pedestrian, skating
rink or sliding area.
Sec. 4. Operation Permitted in Parks, etc. Operation of snowmobiles
may occur in Village parks, playgrounds, recreation,areas, and golf courses,
and on lakes, ponds and streams, but-Only in those portions thereof which the
Director of Parks and Recreation has designated for snowmobile use and only
between the hours of 8:00.a.m. and 10: p.m. Said Director of Parks-and
Recreation may provide 'trails for snowmobile use and mark them with appropriate
signs in accordance with rules and regulations of the Commissioner. Said-
Director may conduct, supervise and regulate events or programs in which snow-
mobiles are used.
Sec. 5. Miscellaneous Restrictions and Prohibitions. No person may-
operate a snowmobile
(a) in a manner so as to create unnecessarily loud or unusual noise
which disturbs, annoys or interferes with the peace -and quiet,of other
persons; or
(b) carelessly or heedlessly in disregard of the rights or safety of
others,, or in a manner so as to endanger or be likely to endanger any person
or property; or
(c) on public property in excess-of 25 miles per hour.
Sec. 6. Leaving Snowmobile-Unattended. No person shall leave or allow
a snowmobile to be or,remain unattended on public property.
Sec. 7. Driving Rules Applicable. The provisions of Chapter 169 (High-
way Traffic Regulation) of Minnesota Statutes shall apply to the operation of
snowmobiles on streets'.and highways, except those relating to required equip -
ment, and those which by-their nature have no application. No person shall
operate a snowmobile on streets and highways in violation of said provisions.
Sec. 8. Rules for Youthful Operators. Notwithstanding anything-in this
ordinance to the contrary, no person under 14 years of age shall make a
direct crossing of a trunk, county state -aid, or county highway, or of a
village street as the operator of a snowmobile. A person 14 years of age or
older, but less than 18 years of age, may make a direct crossing of a trunk,
county state -aid or county highway, or of a Village street, only if he has
in his immediate possession a valid snowmobile safety certificate issued by the
Commissioner. It is unlawful for the owner of a snowmobile to permit the
snowmobile to be operated contrary_to the provisions of this section.
Sec, 9. _Mufflers. Except as hereinafter provided otherwise, no person
shall operate a snowmobile unless it'is equipped at all times with a muffler
in-good working order which blends the exhaust noise into the overall snow -
mobile noise and is in constant operation to prevent excessive or unusual
noise. The exhaust system shall not emit or produce a sharp popping or
crackling sound. This section does-not apply to organized races or similar
competitive events held on'(1) private lands, with the permission of the
owner, lessee, or custodian of the land; (2) public lands and water under the
jurisdiction of the Commissioner, with the Commissioner's permission; or, (3)
other public lands with the consent of the public agency owning the land. No
person shall have for sale, sell, or:,offer for sale on any new snowmobile any
muffler that fails to comply with the specifications of the Commissioner after
the dffective date of the rules and regulations.
Sec. 10. Lamps and Brakes. No person shall operate a snowmobile upon a
public street or highway unless-it is equipped with at least one head lamp,
one tail lamp, each of minimum candlepower as prescribed'by regulations of the
Commissioner, reflector material of-a minimum area of 16 square inches mounted
on each side.forward of the handle bars,.and with brakes each of which shall
conform to the standards prescribed by rule of the Commissioner, and each of`
which shall be subject to approval of the Commissioner.
Sec. 11. Penalty. Any person found to have violated any provision of
this ordinance shall be,guilty of a misdemeanor, and shall be fined a sum not
to exceed $300, or shall be imprisoned for not to exceed 90 days of both, and
costs of prosectuion may be added in either case.
Sec. 12. This ordinance shall be in full force and effect immediately
upon its passage and publication.
17
1/19/70
ASSESSMENT HEARING DATE SET FOR VARIOUS IMPROVEMENTS.. Upon the recommenda-
tion of Mr. Dalen, Councilman VanValkenburg offered the following resolution
and moved its adoption, setting February 16, 1970, as hearing date for various
assessments:
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR
STORM SEWER NO._ 121
SANITARY SEWER NOS. 286 AND 287
WATERMAIN NOS. 248 AND 249
GRADING•AND GRAVELING NO. C -105
GRAVELING AND STABILIZING NO. C -106
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows:
1. The Clerk and Engineer having calculated the proper amounts to be assessed
for the improvements set forth in the Notice of Hearing forms hereinafter recorded,
and the amounts proposed to be assessed against the respective lots, places
and parcels of land within the districts affected by said improvements, and
said proposed assessments having been filed .with the Clerk, the same are
hereby approved and the Clerk shall keep the same on file in her office and
open to public inspection pending hearings .thereon as herein provided.
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
newspaper in accordance with law is hereby approved; Notices being as follows:
(Official Publication)
VILLAGE OF EDINA _
4801 W. 50TH STREET,
EDINA, MINNESOTA 55424
NOTICE OF ASSESSMENT FOR
STORM SEWER NO. 121
SANITARY SEWER NOS. 286 AND 287
WATERMAIN NOS. 248 AND 249
GRADING AND GRAVELING NO. C -105
GRAVELING AND STABILIZING NO.-C-106
EDINA VILLAGE COUNCIL will meet on Monday, February 16, 1970, at 7:00 p.m.
to hear and pass upon all objections, if any, to the following proposed
assessments. These assessments are now on file in the office of the Village
Clerk and open to public inspection. Assessments will be payable in three
equal 'installments over a period of three (3) years. First semi- annual
payment is due May 31, 1970, and the second semi- annual.payment is due on
September 30, 1970, with interest at the rate of 6% to December 31, 1970.
Subsequent payments will be payable with the taxes for the year, collectible,
in 1971 and in 1972, with interest on.the unpaid balance at 6 %. The owner of
the property assessed for the,following improvements may pay the whole of the
assessment without interest to the Village Treasurer on or before May 31, 1970.
I. CONSTRUCTION OF STORM SEWER NO. 121
Sally Lane from South line of Indian Hills - Arrowhead Addition to
Apache Road ,
Easement line between Lots 16 and 17, Block 2, Indian Hills -
Arrowhead Addition from East line'of Addition to Sally Lane
Apache Road from Sally Lane to the West line of Blocks 1 and 3,
Indian Hills- Arrowhead Addition
Easement line from Apache Road North along West line of Block 1
300'+
II. CONSTRUCTION OF SANITARY SEWER NO. 286
On an easement line from County Road 18 to Apache Road
Apache Road from easement line to Sally Lane
Sally Lane from South line of Indian Hills- Arrowhead Addition
North to cul -de -sac
Pawnee Road from Apache Road to Indian Hills Road
III. CONSTRUCTION OF SANITARY SEWER NO. 287
Gleason Road from Gleason Road, West and North 324 feet
IV. CONSTRUCTION OF WATERMAIN NO. 248
Sa21y Lane from South line of Indiarr Hills- Arrowhead Addition to
cul -de -sac
Apache Road from Sally Lane to West line of Blocks 1 and 3,
Indian Hills- Arrowhead,Addition .
Pawnee Road from Apache Road to-Indian Hills Road
V. CONSTRUCTION OF WATERMAIN NO. 249
Gleason Road from Gleason Road to 349' West and North
VI. CONSTRUCTION OF GRADING AND GRAVELING NO..0 -105
Sally Lane, Apache Road and Pawnee Road in Indian Hills -
Arrowhead Addition
VII. CONSTRUCTION OF GRAVELING AND STABILIZING NO. C -106
Gleason Road from Gleason Road to cul -de -sac
1/19/70 19
BY ORDER OF THE VILLAGE COUNCIL.
" Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was sec d by Councilman Shaw and on
rollcall there were five ayes and no nays d t46 resoluti was adopted.
r'
ATTEST:
ayor
Village Clerk
TURF VACUUM ACQUISITION APPROVED. Mr. Hyde-:recommended purchase of a turf
vacuum, noting that it had been included in the budget. He advised that
Rogers Sweeper was $2,195, Tuff.V_ac price was either $1,850 or $3,100, depend-
ing on the model size. Upon'�fhe recommendation of Mr. Hyde for purchase of
Ryan Ground Groomer at $1,795, Councilman Shaw's motion approving the purchase
of the lowest costing machine was seconded by Councilman Johnson and carried.
SURVEYING STAKES ACQUISITION APPROVED. -A.s.,xecommended by Mr. Hyde, Councilman
VanValkenburg's motion approving purchase of a year's supply of surveying
stakes for $1,300 was seconded by Councilman Shaw and carried.
MICRO -FILM JACKET FILLER AND VIEWER ACQUISITION APPROVED. As recommended by
Mr. Hyde, Councilman Shaw's motion approving purchase of micro -film jacket
filler and viewer to tie in with the new record system for $1,200 was seconded
by Councilman VanValkenburg and carried.
GOLF COURSE FUND STATEMENT OF INCOME AND EXPENSE for year ended December 31,
1969, was presented by Mr. Dalen, reviewed and ordered placed on file by
motion of Councilman Courtney, seconded by Councilman Johnson and carried.
RECREATION CENTER FUND STATEMENT -OF INCOME AND EXPENSE for year ended December
31, 1969, was presented by Mr. Dalen, reviewed and ordered placed on file by
motion of Councilman.Johnson, seconded by Councilman Shaw and carried.
SWIMMING POOL FUND STATEMENT OF INCOME AND EXPENSE for year ended December 31,
1969, was presented by Mr. Dalen, reviewed and ordered placed on file by
motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried.
CLAIMS PAID. Motion of Councilman VanValkenburg was seconded by Councilman
Courtney and carried'for payment of the following claims as per pre -list
dated January 19: General Fund, $30,934.83; Construction Fund, $74,220.60;
Park, Swimming, Arena, Park Construction, Golf Course, $55,824.52; Water,
$16,489.15; Liquor Fund, $109,327.46; Sewer-Fund, $1,839.88; Improvement Fund,
$90.64; P.I.R. and Poor Fund, $483.41; Total, $289,210.49.
The agenda having been covered, Councilman VanValkenburg's motion for adjourn-
ment was seconded by Councilman Courtney. Adjournment at 10:50 p.m.
Village Clerk