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HomeMy WebLinkAbout19700216_regularMINUTES OF THE REGULARNEETING OF THE IlONDAY, FEBRUARY 16, 1970 EDINA VILLAGE COUNCIL HELD AT VIWE HALL ON ROLLCALL was answered by Councilmen Courtney, Johnson, Shaw , VanValkenburg and Mayor Bredesen. SALLY SCOGGIN PRESENTS GREETINGS FROM MAYOR OF'EKETAHUNA, NEl? ZEALAND. Presenta- tion of'a letter of greeting to Nayor .Bredesen from the Mayor of Eketahuna, New Zealand, was made by Sally Scoggin. Sally is a Senior at Edina High School who had been an exchange student in New Zealand and who brought this message expressing the hope that the cause of world peace and understanding will be enhanced through programs of this type. ORDINANCE NO. 261-190 GRANTED FIRST READING, sented by Clerk, approved as to form and ordered placed on file. Mr. Hoising- ton recalled that this request for R-5 Residential District zoning for the Halla Nursery property, located at T.H. 100 and Edefi?Averiue, had been previously approved at First Reading but had lost on 315 dote at Second Reading on November 3, 1969. Councilman Johnson said that he believes that this is the first R-5 zoning in the Village excluding the periphery of the Village and that it could well set a precident which would not be in keeping with the aesthetic atmos- phere of the Village, ing the the Historical Park. Mr. Hoisington explained that the height of a building in the R-5 Residential District is based on setbabk and that this site would accommodate an eight story building without any variances. Mr. David Halla and Mr. Ernest Ibs, representing the Halla interests, said that soil problems would have to be checked out before any one plan was decided upon. said that the buhEdable'area of the property was limited and that t?hiiy.;vou~d not cons~~chla~~~.B~i~ding~~~~~e~s?~t wpyld yield a reasonable return. said that the economics of the building should not be considered in the zoning or the property. Discussion ensued as to the possibility of approving the zoning but stipulating that no variances be granted as to building height. lage Attorney Whitlock said that the granting of R-5 zoning would not necessarily infer that a variance would be granted. Councilman VanValkenburg offered First Reading of Ordinance No. 261-190 as follows, with the stipulation that the Hallas 'sulimft concrete plans before Second Reading is held: -(See Correction in Minutes of 3/16/70) ORDINANCE NO. 261-190 AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING AN -ADDITIONAL R-5 Affidavits of Notice were pre- Nrs.'W. H. Hauck, 5029 Indian6la Avenue, expressed her 'opposition on the grounds that R-5 zoning would not be pleasing to those visit- They Mayor Bredesen Vil- Following considerable discussion, I (ZONING ORDINANCE) OF THE VILLAGE OF EDINA * IlULTIPLE RESIDENCE DISTRICT THE: VILLAGE COUNCIL OF THE VILLAGE OF EDINA, NINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section 4 (Multiple Residence District) of Ordinance No. 261 of Revised ordi- nances of the Village of Edina, is hereby amended by adding the following sub- paragraph : District R-5: (5) Tracts A, B. C 7 D, R.L.S. 8390 and Tracts A and B, R.L.S. 111021 and including a miscellaneous triangle of highway property lying South of R.L.S. a390 and West of R.L.S. #1021. Section 2. This Ordinance shall be in.full force and effect from and after its passage and publication according to law., ORDINANCE NOS. 263A-3 and 261-196 REEEBBED BACK TO ATTORNEY. Councilman Van Valkenburg's motion referring Ordinance Nos. 263A-3 and 261-196 back to the Village Attorney for redrafting was seconded by Councilman Courtney and carried. PUBLIC HEARIAES CONDUCTED ON VARIOUS ASSESSMENTS, sented by Clerk,approved as to form and ordered placed on file. notice given, public hearings were conducted and action taken as hereinafter recorded : A. Hills-Arrowhead Addition) llr. Hyde presented analysis of assessment showing ' total construction cost at $16,748.76, proposed to be assessed against 28. assessable lots at $598.17, as against estimated assessment of $872.90 per lot.. No objections were heard from the audience. E. SANITARY SEVER NO. 286 Hills-Arrowhead Addition) total construction cost at $28,790.44. proposed to be assessed against twenty- eight assessable connections at $1,028.23 per assessable connection against estimated assment of $934.86. Assessment later in Ninutes .) Affidavits of Notice were pre- Pursuant to due STORM SEVER NO. 121 (Sally Lane, Apache Road and Pawnee Road in Indian (See Resolution Ordering &gess-L-* . ment later in Minutes.) (Sally Lane, Apache Road and Pawnee Road in Indian- Mr. Hyde presented Analysis of Assessment showing No objections were heard. (See Resolution Ordering 2/16/70 aa m a C. 'WATERMAIN IMPROVWNT NO. 248 (Sally Lane, Apache Road and Pawnee Road in Indian Hills-Arrowhead Addition) Mr. Hyde presented Analysis of Assessment showing total construction cost at $19,056.80, proposed to be assessed against 28 assessable.connections at $680.60, as against estimated assessment of I $842.33 per connection. No objections were heard. (See Resolution Ordering Assessment later in minutes.) D. GRADING AND GRAVELING NO. C-105 (Sally Lane, Apache Road and Pawnee Road in Indian Hills-Arrowhead Addition) Mr. Hyde presented analysis of assessment showing total construction cost at $16,768.70, proposed to be assessed against 26 assessable lots at $644.95 as against estimated assessment of $602.00 per assessable lot. No objections were heard. (See Resolution Ordering Assessment later in minutes.) E. SANITARY SEXJER IMPROVEMENT NO. 287 (Gleason Road from Gleason Road, West and North 349 feet) Mr. Hyde presented Analysis of Assessment showing total construction cost at $8,709.61, proposed to be assessed against seven con- nections at $1,244.23 as against estimated assessment; of $1,331.80 per assessable connection. No objections were heard. (See Resolution Ordering Assessment later in minutes.) F. WATERMAIN IMPROVEMENT NO. 249 (Gleason Road from Gleason Road to 349' Mr. Hyde presented Analysis of Assessment showing total con- struction cost at $5,714.73, proposed* to be assessed against seven assessable connections at $816.39 as against estimated asqessment of $779.16. ions were heard. (See Resolution Ordering Assessment later in minutes.) G. GRADING AND GRAVELING IMPROVEMENT NO. C-106 (Gleason Road from Gleason Road to cul-de-sac) Mr. Hyde presented Analysis of Assessment showing total construction cost. at $6,210.61, proposed to be assessed against seven assess- able lots at $887.23 as against estimated assessment of $822.68 per assessable lot. No objections being heard, Councilman VanValkenburg offered the follow- ing resolution and moved its adoption: . West and North) No object- RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STORM SEWER NO. 121, SANITARY SEXIER NOS. 286 AND 287 WATERMAIN NOS. 248 AND 249 GRADING AND GRAVELING NO. C-105 ' GRAVELING AND STABILIZING NO. (2-106 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, a as f 0 1 lows : 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on February 16, 1970, has considered a21 oral and written objections presented against the levy of such,assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the.following improvements: Storm Sewer Improvement 121, Sanitary.Sewer .Improvements 286 and 287, Watermain Improve- ments 248 and 249, Grading and Graveling C-105 and Graveling and Stabilizing C-106 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessmenix are hereby adopted and confirmed as the proper assessmznts on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. 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. taxes for the year, collectible in 1971 and in 1972, with interest on the unpaid balance at 6%. 4. Auditor a copy of this resolution-and a certified duplicate of said assessments, with each then unpaid installment and interest set for'kh separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments which may be payable by a county, by.'a political subdivision or by the owner of any right of way, as required by Minnesota SEatutes, Section 429.061, Subsittivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection*thereof in installments, as set forth in said section. Motion for adoption of the-resoluti . on rollcall '&ere were five ayes an The Village has given notice of hearings as required by law on the proposed I The assesssments will be payable in three equal installments over a period Subsequent payments.wil1 be payable with the The Village Clerk shall forthwith prepare and transmit to the County i lman Johns on ICE SURFACING MACHINE BID AWARDED. Mr. Hyde advised that only one bid had been received in response to "Advek.tisement for Bids" in the Construction Bulletin and in the Edina Sun, said bid in the amount of $11,510 was submitted by Frank J. Zamboni & Company. 2'Mr. Hyde added that there are-high expectations that the 2/16/70 machine will be paid for within the next five qr six year period from advertis- ing. with the understanding that nothing is done until a congract is received, was seconded,by Councilman VanValkenburg and carried. Councilman Courtney's motion awarding the bid to Frank J. Zamboni & Co., WATER SUPPLY WELL NO. 17 BIDS REJECTED. Mr. Hyde advised Council that seven b'ids were received in response to Advertisement for Bids for a new well at Pamela Park. In view of the fact that there has been some difficulty in get- ting pumps down these wells, more stringent specifications were established. In view of the fact that six out of the seven bidders took exception to the more stringent 'regulations and all took exception to tlie penalty clause, the Village Attorney recommended that all bids be rejected, Councilman Van Valkenburg's motion rejecting all bids and that new bids be taken was seconded by Councilman Courtney and carried. INSURANCE BIDS AWARDED. workmen's Compensation insurance, recommending that award be made to Employers Insurance of Bausau Retrospective Plan D, with a maximum premium of 100% $or one year. If Retrospective Plan proves satisfactory, Mr. Dalen recommended bidding a three year Retrospective Plan for the year beginning March 1, 1971. Tabulation of six bids for employee blanket bonds was presented showing two identical Law-bids of $1,303.00 from Norris-Nordeen and-Brandow, Howard & Kohler, Lnc. &he name ofBrltadlM;.Howard& Kokler, Inc. was drawn by the PBX operator. - Tabulation of four bids for comprehensive-general lsability were reviewed, showing Brandow, Howard & Kohler Inc. (Pacific Indemnity Company and American injury and $100,000 property damage. Employers Insurance of Wausau was .low bidder for umbrella coverage at $2,750.00. hensive automotive equipment were reviewed with the recommendation that all bids be rejected and rebid with possible deductibles. motion awarding bids to recommended low bidders for workmen's compensation, employee blanket bonds and comprehensive-general liability and rejecting all bids and rebidding for comprehensive automotive equipment was 'seconded by Councilman Johnson and carried. I Nr. Dalen presented tabulation of nine bids for - The names.of the two low bidders were placed in an envelope and Home Insurance .Company) low bidder at $22,404.00 for $250 3000/500,,000 personai 3'. Tabulation of four bids for compre- Councilman Shawls EDTJIN J. CAFFREY QUESTION REFERRED TO SCHOOL BOARD ATTORNEY. that Mr. Edwin J. Caffrey had qequested clarification of the impact of a . resolution adopted by the Board of Education approving use of the voter registration facilities of the Village and that his letter had been sent to the School Board with the request that the School BoargoAttoFey reply to the letter. School Board Attorney be sent to Mr. Caffrey was seconded by Councilman Shaw and carried. Mr. Hyde xecaitled Councilman VanValkenburg's motion that/he !&?er of the = VESTERN EDINA PLAN TO BE REVIS,BD., 'v.*.-Nr. Hoisington called attention of Council to the finalized copy of the Western Edina Plan, Upon being advised by Oouncil- man Shaw that he had questions on certain parts of the plan, Councilman Van Valkenburg's motion that Councilman Shaw re-write portions of the Plan with Mr. Hoisington and then bring it back to Council was seconded by Councilman Courtney and carried. .. COUNTY ROAD 18 PLANS GRANTED PRELIMINARY APPROVAL. Herbert 0. Hlossner and Mr. Donald Gallway df the Hennepin County Highway Department who were in attendance to answer questions on County Road 18 plans between Excelsior Blvd. Snd'kheoCrosstown Highway. Plans were reviewed- and discussed, whereupon Councilman Courtney's motion was seconded by Coun'cil- man Johnson and carried approving I%youf54submitted in preliminary form. STANDARDS TO BE ESTABLISHED FOR VILLAGE C(XlMISSI0N AND BOARD MEME3ERS. man Johnson's motion that Councilman VanVallcenburg draft a set of standardk of ethical conduct for all P&33age board and commission members was seconded by Councilman Courtney and carried. _. Mr. Hyde introduced IIr. - Council- HUMAN RIGHTS COEQlISSION NEMBERS APPOINTED. firming the appointment of Mr, David Williamson to fill the 'unexpired term of one year of Mr. Earl C. Schier and of Nr. Roger F. Heegaard for a term of three years was seconded by Councilman Shaw and carried. DAVID C. SHERMAN APPOINTED TO PLANNING COlDlISSION. Councilman Johnson's motion confirming the appointment of Mr. David C. Sherman to the Planning Commission for a term of three years was seconded by Councilman Shaw and carried. Councilman Johnson's motion con- 2/16/70 A. THOMAS VURST APPOINTED TO BUILDING CONSTRUCTION CODES COMMISSION. As recommended by Mayor.Bredesen, Mr. A. Thomas k7urst was appointed to the Build- ing Construction Codes Commission for a term of three years by motion of Councilman Johnson, seconded by Councilman Shaw and carried. HUMAN RIGHTS COMMISSION POWERS CLARIFIED. to Council as to whether the Commission has the power to pass a resolution and take a public stand without Council approval. It was determined that, like all Boards and Commissions established by the Village Council, the Human Rights Commission can make recommendations -to the Council, but that the Village Council has the ultimate responsibility of approving these recommendations, * Resolutions of the Human Rights commission intended for other agencies should be forwarded to the Council for final action. The Clerk was instructed to Send a letter to the Human.-Rights Commission stating these facts . Mr,, Hyde. called .Coyncil' s attention the request of the Edina Human Rights Commission for an opinion from the l?ILLIAM A, WHITLOCK RESIGNS AS VIWGE ATTORNEY; THOMAS S . ERICKSON APPOINTED VXLLAGE ATTORNEY. Mr. Hyde advised Council of the resignation of Mr. William A. Whitlock as Village Attorney because he is moving out of the Village, and recommended the appoin,tment of Mr. Thomas S. Erickson, also of the Dorsey Firm, to succeed Mr. TJhitlocki regret the resignation of Mr. Whitlock and appointing Mr. Erickson to the office of Village Attorney as of February 28, 1970, was seconded by Councilman Courtney and carried, Councilman Johnson's motion accepting with POLLUTION CONTROL AGENCY BURNING REGULATIONS for the Village of Edina will be considered after new regulations have been decided upon by the Minnesota pol- lution Control Agency. ' OLD LIBRARY SITE OWNERSHIP QUESTION REFERRED TO ATTORNEY. Mr. Hoisington noted that in response to a letter sent to Maple Road residents, only two cards had been received, both indicating willingness to waive the deed restric- tions on the old library site if the fifty foot buffer is given to the abut- ting Maple Road property owners. ways of disposing of the old library site as: condemn rights of property owners in the library and buffer properties and thus restrictions or (3) back to Lund-Kruse, Inc. Mr. and Mrs.. TJilliam J. Ruppert, 4905 Maple Road, said that they have been advised by their attorney that since residents on the east side of MaFle Road had maintained this property for fifteen years, it now belongs to them. Mr. and Mrs. Ruppert, Mrs. Wesley H. Hauck, 5029 Indianola Avenue and Mrs. B. H. Kannenberg, $917 Maple Road, urged that the old library building be used for a "sophisticated adult recreational facility" where senior citizens could work on ceramics and other handicrafts. In reply to the Mayor's statement that the building is not adqquate for any such use and that taxpayers should not have to pay for anyone's ceramics lessons, Mrs. Hauck suggested that 300 people would be willing to pay $20.00 each for improving the building. Mr. Hyde pointed okt that the steps of the building would make it impractical for use by senior citizens and that the Fire Marshall had forbidden use of the second floor without making extensive improvements. Mr. Whitlock pointed out that the library site and the buffer zone are two separate strips of property, both of which are subject to the same restrictions and that he has advised the Council that if the land is no longer used for park or library, it will revert to the grantor. The matter of whether this land would then be free of the deed restriction is a legal matter which has not yet been determined. audience, the Mayor said that he, too, would like to see the banlc's-pAans. Mr. Warren Hinze, President of First Edina National Bank, said that the bank plans to expand to the North as well as to the West but that no definite plans have been decided upon. Discussion ensued as to traffic problems and patterns in the area, with the audience being told that Library Lane was included in the overall plans which were approved in principle before the improvements South of W. 50th Street were authorized. land should revert to Lund-Kruse, the development of the property might be less desirable than that proposed by the Village. He emphasized, too, that the Village is deeply interested in traffic as well as protecting the aesthetic character of Maple Road and that it is felt that the plan submitted is best for all concerned. Following considerable discussion, Councilman Courtney's motion to delay further discussion on this matter until the Village Attorney has an opportunity to study the particulars determining the ownership of the buffer strip was seconded by Councilman VanValkenburg and carried. The letter had indicated the three- alternate The Village can attempt to (1) .eliminate the deed restrictions; (2) Residents themselves can waive the The Village can give both the library site and the buffer If .. In reply to a question of an unidentified gentleman in the Mayor Bredesen emphasized that if the 2/16/70 ROBERTS READY-MIX PLANT FIRE DAMAGE TO BE DETERMINED,-- Mr. Hyde advised Council that the Oscar Roberts Ready-Mix Plant had been partially destroyed by fire on February 4, 1970 and quoted from Section 12, Article 8 of the Zoning Ordinance which states as follows: district, which is partially destroyed by fire, wind earthquake or explosion, may be restored to its former.use and physical dimensions; provided, that any such' building which does not conform to the use, height and other restrictions of the district in whicH it is located and is thus destroyed, according to the estimate of Village Council or some official designated by it, to the extent of fifty per cent or more, may not be rebuilt or reconstructed except in accordance with such restrictions." Mr. Hyde added that representatives of the Roberts firm had requested permits for rebuilding and that he had .-issued orders that these permits not be granted until the extent of damage was determined. Following some discussion, Councilman VanValkenburg offered the following resolution and moved its adoption: BE IT RESOLVED by,the Edina 'Village Council that the Village llanager be designated to make the official technical finding of the extentcof Carnage zaf the IIAny building located in any J ' I RE SOLUTION various technical experts. ution was adopted. ATTEST: VOTING HACHINES PURCHASED FROM BLOOMINGTON, Mr. Hyde advised Council that the Village had been successful in obtaining 26 Automatic Voting Machines from the City.of Bloomington for $787 each. Councilman Courtney's motion confirming the bid was seconded by Councilman VanValkenburg and carried. bid has as yet to be accepted by the Bloomington Council. The SUBURBAN PUBLIC HEALTH NURSING SERVICE REPORT APPROVED. Suburban Public Health Nursing Service Report for November, 1969, which report was reviewed and ordered placed on file by motion of Councilman Johnson, sec- onded by Councilman Shaw and carried. Mr. Hyde presented z BIDS AUTHORIZED FOR VARIOUS INPROVEEENTS . Dunn that bids be taken for various improvements, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION APPROVING.PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS BA-135, BA-358, BA-159 AND BA-160 Upon the .recommendation of Mr. . PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NOS. REPLACEImT FOR IMPROVEMENT NOS. FaJ'hl-243 AND WM-244 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA. MINNESOTA: 1. the following AdvertisemFnt for Bids form, heretofore prepared'by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. . The Clerk shall cause to be published in the EdinaSun and Construction Bulletin the following notice for bids for improvements : The plans and specifications for ;he proposed improGements set forth in - I (Official Publication) VILLAGE OF EDINA 4801 W. 50TH STREET HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER UIPROVE$fENT NOS , BA- 135, BA- 158, BA- 159 REPLACEMENT FOR IMPROVEMENT. NOS. 1?M-243 BIDS CLOSE MARCH 13, 1970 SEALED BIDS nili be received and opened in the Council Village Hall, 4801 11. 50th St., at 11:OO a.m., Friday, AND BA-160 AND WM-244 Chambers in the Edina Narch 13, 1970, and the Edina Village Council will meet at 7:OO p.m. on Monday, March 16,-1970,. to consider said bids for the construction of Permanent Street Surfacing and Concrete Curb and Gutter. The following are approximate quantities of major items : PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT REPLACDENT FOR DlPROVEbBNT NOS. Nil-243 AND FJM-244 NOS. BA-135, BA-158, BA-159 AND BA-160 AND 2,650 C/Y Common Excavation 1,400 Tons Class 5 Gravel 20,350 S/Y 2" Bituminous Surfacing (M.H.D. 2341) Tr 00 .m , n Q m 9,225 L/F Concrete Curb and Gutter 8,300 S/Y Sod TJork must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Said deposit to be returned upon return of the The Council resem-es the right to reject any or all bids. Florence B. Hallberg Village Clerk Motion for adoption of the resolution w on rollcall there were five ayes and no ATTEST : dLd/& Village Clerk i NEW BIDS TO BE TUN FOR WATER SUPPLY WELL NO. 17. Councilman Shaw's motion authorizing- taking new bids for Water Supply Well No. 17 on Thursday, March 26, 1970, was seconded by Councilman Courtney and carried. As recommended by Mr. Dunn, FIRE DEPARTMENT COMMENDED. Mr. Hyde called attention to a letter from Mrs. Charles E. Speaks, 6312 Barrie Road, commending the Edina Fire Department in its efforts to put out a fire in a new apartment building across.the street from the Colony Apartments. WATER TANK FOR FIRF, TRUCK PURCHASE AUTHORIZED. Councilman Johnson's motion authorizing purchase of a lJater Tank for a fire truck at a cost of $1,750.00. was seconded by.Councilman Courtney-a?d carried. had also submitted a bid in the amount of $3,475.00'. Minnesota Wanner Company - CLAIMS PAID.. and carried for payment of the following claims as per Pre-List dated February 16, 1970: Construction, Park Sinking, Arena, 'Golf, $53,095.42; Water Fund, $22,790.31; Liquor Fund, $93,398.00; Sewer Fund, $4,241.39; Improvements, $153,861.54; Advance Highway Fund, Poor Fund, $321.71; Total, $358,856.54; and for Claim No. 47514, Crawford Nerz Company, $14,089.50, not included on Pre-List. The agenda's business having been covered, Councilman Shaw's motion for adjourn- ment was seconded by Councilman Johnson: Councilman Shaw's motion was seconded by Councilman-VanValkenburg General Fund, $29,549.97; Construction Fund, $1,598.20; Park, Park,. Adjournment at 9:37 p.m. Village Clerk