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HomeMy WebLinkAbout19700720_regularMINUTES OF THE REGULAR EDINA VILLAGE COUNCIL HELD MEETING OF THE AT VILLAGE HALL ON , MONDAY, JULY 20, 1970 Members answering Rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- bur$ and Mayor Bredesen. MINUTES of June 22, 1970, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. ASSESSMENT HEARINGS CONDUCTED FOR VARIOUS IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. to due notice given, assessment hearings were conducted and action taken as here- Pursuant inafter set forth: A. STREET IMPROVEMENT BA-114 in the following: Josephine Avenue from South line of Lot 10, Block 2, Normandale 2nd Addition Wilryan Avenue from West 64th Street to West 66th Street Tingdale Avenue from West 63rd Street to Vest 64th Street Tingdale Avenue from N. 65th Street to West 66th Street Mildred Avenue from West 63rd Street to the North line of Lot 14, Block 10, Vest 64th Street from Josephine Avenue to Warren Avenue West 65th Street from Highway #lo0 to Tingdale Avenue Rolf Avenue from West 64th Street to middle of Lot 14, Block 11, Normandale Mr. Hyde presented analysis of assessment showing proposed assessment of $11.12 per assessable foot and/or $90.00 per building site for all side streets in the . area. Estimted assessment had been given at $12.41 per assessable foot and/or $90.00 per building site for the side streets. Mr. Hyde brought out the fact that a considerable amount of spalling had occurred in the improvements which had been installed in 1969, not only in the Village of Edina but in other municipalities in the "-win Cities area as well. investigated and the work will be replaced. No objections were heard, whereupon Councilman Courtney's motion approving the assessment was seconded by Councilman VanValkenburg and carried. (See later in Minutes where this motion was re- scinded and the hearing continued to August 3, 197Q) B, STREET IMPROVEMENT BA-134 in the following: to West 66th Street Normandale 2nd Addition 2nd Addition Cause of the spalling is being Sherwood Avenue from West 64th Street to West 66th Street Ryan Avenue from North line of Lot 4, Block 8, Normandale Addition to the North line of Lot 4, Block 18, Normandale Addition Parnell Avenue from North line of Lot 4, Block 8, Normandale Addition to the North line of Lot 5, Block 19, Normandale Addition Virginia Avenue from North line of Lot 6, Block 1, Replat of Block 9, Normandale Addition to West 66th Street West 64th Street from East Service Road of Highway #lo0 to East line of Lot 7, Block 11, Normandale Addition West 65th Street from Sherwood Avenue to Ryan Avenue West 65th Street from Parnel.1 Avenue to Virginia Avenue Mr. Hyde presented analysis of assessment showing proposed assessment of $13.43 per assessable foot or $1,656.75 per assessable lot as against estimated assess- ment~ of $14.03 per assessable- foot or $f,753.09 per assessable lot. made of a letter from Russell J. Gerde, 4860 14. 64th Street, requesting assessment on a front foot basis for his p,roperty pf 30 feet; rather thah 80 feet; if the project-should be assessed on a per foot basis. from R. G. Soderberg, 6557 Normandale Road requesting that the assessment be made on a front foot basis. were Messrs. Morris M. Rasmussen, 6433 Parnell Avenue, James C. Church, 6500 Ryan Avenue, H. L. Fredericks, 6401 Ryan Avenue, and Miss Helen T. Smith, 6400 Ryan Avenue. Urging that the assessment be made on a front foot basis were Messrs. Paul D. Mattson, 6516 West Shore Drive, R. L. Bjerken, 6524 West Shore Drive, D. T. Meyers, 6553 Normandale Road, R. L. Kruppstadt, 6524 Sherwood Avenue and two unidentified gentlemen. It was brought out that those with smaller lots still use the street in the same proportion as those with larger lots. have more room to park cars in front of their houses. Mr. Hyde explained the policy of the Village in assessing corner lots for street improvements, whereby property is assessed for full frontage and one-third of the long side of the lot. Following considerable discussion, Councilman 3ohnsag moved that the improvement be assessed on a per foot basis, with a minimum charge of $1,420 per lot, based on the usage of the street. carried. assessment because where there is a cul-de-sac there is not as much traffic. Mayor Bredesen angg6stedEthat in the future, the Village recommend the method of assessment before the hearing, so that there would not be arguments between those who want a front foot assessment and those who want a per lot assessment. (See Resolution Ordering Assessment later in Minutes.) . Note was Note was also taken of a letter Ur$ing that the assessment be made on a per lot basis It was noted also that those with logger frontages benefit because they Motion was seconded by Councilman Qlobrtney add An unidentified gentleman who lives on Virginia Avenue objected to the 152 7/20/70 C. STREET IMPROVEMENT BA-131 in the following: . Walnut Drive from Vernon Avenue to Aspen Road Mr. H de $22,€J1=8Elproposed to be assessed against 2,270.30 assessable feet at $10.06 per assessable foot or $913.68 per assessable lot. given at $11.63 per assessable foot or $1,056.08 per assessable lot. ions were heard and none had been received priorthereto, whereupon Councilman Shawls motion levying the assessment on a front foot basis was seconded by Councilman Courtney and carried. Minutes .) D. STREET IMPROVEMENT BA-147 in the following: (Killarney Shores Addition) resented analysis of assessment showing total construction cost at Estimated assessment was No object- (See Resolution Ordering Assessment later in Schaefer Road from Vernon Avenue to Killarney Lane Killarney Lane from Schaefer Road to Vernon Avenue View Lane from Vernon Avenue to Schaefer Road Itir. Hyde presented analysis of assessment showing total construction cost at $51,441.30, proposed to be assessed at $5.52 against 9,313.31 assessable feet or at $571.57 Bgainst 90 assessable lots. Estimated assessment was given at $5.94 per assessable foot or against $614.51 per assessable lot. No object- ions were heard and none had been received prior thereto, whereupon Councilman VanValkenburg's motion approving the assessment on a per lot basis as recommended was seconded by Councilman Shaw and carried. (See Resolution Ordering Assess- ment later in Minutes.) E. STREET IEIPROVEMENT BA-110 in the following: West 66th Street from Josephine Avenue to Ridgeview Drive Hr. Hyde presented analysis of assessment showing total construction cost at $16,900, proposed to be assessed against 1,690.0 assessable feet at $10.00 per assessable foot. was made of a letter from Mr. Eugene S. Hauser, 5045 West 66th Street complain- ing of the spalling of the concrete and stating that he had been told that this concrete would be replaced. Questions were raised by Mr. R. G. Konzelman, 6529 IJilryan Ave., and by an unidentified lady as to the matter of the $90.00 per lot assessments for side streets which had been given consideration in the assessment of Street Improvement BA-114. were paying $90.00 for other side streets in their area and that they were be- ing given no such assistance for payment of W. 66th Street.. Following some discussion, Councilman Johnson's motion that the matter be continued until August 3, 1970, for study, as recommended by Mr. Hyde, was seconded by Council- man Courtney and carried. ing the assessment for Street Improvement BA-114 earlier in this meeting be rescinded and that this assessment also be continued to August 3, 1970, was seconded by Councilman Courtney and carried. F. STREET IMPROVEMENT BA-136 in the following: Valley View Road from State Highway #lo0 to Mildred Avenue Mr. Hyde presented analysis of Assessment showing total construction cost at $41,689.65, proposed to be assessed against 3,120.48 assessable feet at $13.36 per foot as against estimated assessment of $12.93. and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) G. STREET IME'ROVEMENT BA-139 in the following: Arctic Way Nr. Hyde presented analysis of assessment showing total construction cost of $27,273.91, proposed to be assessed against 4,654.25 assessable feet at $5.86 per foot as against estimated assessment of $7:83 per foot. that a letter had been received from Mr. John J. Kelly, attorney representing property owners who had purchased their homes from Roy H. Thernell, Inc. and Herleiv Helle with the understanding that Karl Krahl Excavating Company had agreed that it would furnish and install blacktop streets- and concrete curb and gutters and that home owners would not be assessed for the improvement. Hyde added that, as a result of this letter, meetings had been held and Mr. Krahl had signed an agreement consenting to the levy against Lots 1 through 8, Block 1, and Lots 1 through 13, Block 2, Viking Hills Third Addition, and Lot 1, Block 1, Viking Hills Second. Addition of the total cost of $27,296.41 and agreeing that he will not appeal such an assessment. Hyde that this agreement answers Mr. Kelly's objection, Councilman Johnson's motion ordering the assessment was then seconded by Councilman Shaw and carried. (See Resolution Ordering Assessment later in Minutes.) H. STREET IMPROVEMENT BA-140 in the following: - :Nordic Circle from Creek Valley Road to Creek Valley Road Mr. Hyde presented analysis of .assessment showing total construction cost as adjusted at $10.993.81 proposed to be assessed against 1,734.04 assessable feet at $6.34 per foot as against estimated assessment of $7.24 per assessable foot. No objections were heard and none had been received prior thereto. Resolution Ordering Assessment later in Minutes.) I. STREET IMPROVEMENT BA-141 in the following: Estimated assessment had been given at $10.00 also. Note Property owners brought out that they 8 Councilman Johnson's motion that the motion approv- No objections were heard Mr. Hyde said Mr. Being advised by Mr. (See Virginia Avenue from Vest 60th Street to Valley View Road 7/20/70 Mr. Hyde presented analysis of assessment showing total constrbceion cost at $5,763.36, proposed to be assessed against 708.90 assessable feet at $8.13 per foot as against estimated assessment of $16.76 per assess- able foot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) J. STREET IMPROVEMENT BA-142 in the following: Virginia Avenue from West 62nd Street to Crosstown Highway Mr. Hyde presented analysis of assessment showing total construction cost at $17,303.66, proposed to be assessed against 1,471.40 assessable feet at $11.76 per foot as against estimated assessment of $13.67. and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) K. STREET IMPROVEMENT BA-143 in the following: No objections were heard Crescent Drive from Benton Avenue to North line of Lot 1, Block 2, Edina Mr. Hyde presented analysis of assessment showing total construction cost at $4,947.48, proposed to be assessed against 504.33 assessable feet at $9.81 per foot as against estimated assessment of $11.62 per assessable foot. objections were heard and none had been received prior thereto. (See Resolu- tion Ordering Assessment later in Minutes.) L. Countryside extended No STREET IMPROVEMENT BA-150 in the following: (Parkwood Knolls 16th Addition) Londonderry Road from North line of Addition to South line of Addition Biscayne Blvd. from Londonderry Road to East line of Addition Newport Drive from Biscayne Blvd. to Stauder Circle Mr. Hyde presented analysis of assessment, showing total construction cost at $40,246.49, proposed to be assessed against 4,360.40 assessable feet at $9.23 per foot as against estimated assessment of $10.69 per assessable foot. NO objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) M. STREET IMPROVEMENT BA-155 in the following: Mr. Hyde presented analysis of assessment showing total construction cost at $4,773.43, proposed to be assessed against 243.17 assessable feet at $19.63 per assessable foot as against .$21.20 estimated assessment. were heard and none had been received prior thereto. Assessment later in Minutes.) N. STREET IMPROVEMENT BA-156 in the following: , Aspasia Circle from Larkspur Lane to cul-de-sac Mr. Hyde presented analysis of assessment showing total construction cost at $6,303.78, proposed to be assessed ag-ainst fourteen assessable lots at $450.27 per lot as against estimated assessment of $798.90. and none had bean received prior thereto. (See Resolution Ordering Assessment later in Minutes.) 0. STREET IMPROVEMENT BA-157 in the following: West 63rd Street from Virginia Avenue to Parnell Avenue No objections (See Resolution Ordering No Objections were heard Shannon Drive from Lee Valley Road Easterly, Northerly and Vesterly, Mr, Hyde presented Analysis of Assessment showing total construction cost at $15,218.13, proposed to be assessed against 1,822.53 assessable feet at $8.35 per foot against estimated assessment of $10.68 per assessable foot. objections were heard, and none had been received prior thereto. tion Ordering Assessment later in Minutes.) located in Hondo 2nd Addition No (See Resolu- P. STREET IMPROVEMENT BA-161 in the following: Kemrich Drive from Shannon Drive to East line of Kemrich Knolls Addition Fleetwood Drive from Kernrich Drive to North line of,Kemrich Knolls Addition Lanham Lane from Kemrich Drive to North line of Kernrich Knolls Addition Mr. Hyde presented analysis of assessment showing total construction cost at $17,665.36, proposed to be assessed against $2,324.39 assessable feet at $7.60 per foot as against estimated assessment of $10.73 per assessable foot. No objections were heard and none had been received prior thereto. tion Ordering Assessment later in Minutes.) Qs (See Resolu- STREET IMPROVEMENT BA-127 in the following: Washington Avenue from County Road #la to Interstate Highway #494 Frontage Mr. Hyde presented analysis of assessment showing total construction cost,at .- .$46 , 906.33'; * prgposed. to :be- asses&$, agaiSt 5 120.80 assessable feet at $9.16 per foot. It 137~1s noted that the estimated cost of $22.15 per assessable foot included the cost of the storm sewer which was assessed in 1969 at $8.47 per assessable foot. thereto. R. SANITARY SEWER 280 in the following: Road No objections were heard and none had been received prior (See Resolution Ordering Assessment later in Minutes.) (Edina Interchange Center 3rd Addn.) Ohms Lane from West 74th Street to West 70th Street West 72nd Street from Ohms Lane to Bush Lake Road Mr. Hyde presented analysis of assessment showing total construction cost at $75,337.45, proposed to be ass,essed against 2,367,613 assessable square feet at $0.03182 per square foot and that the project had been done upon 100% petition. No objections were heard and none had ken received prior thereto. Councilman Courtney thereupon offered the following resolution ordering assessments and -1 5$ 7 /20/70 moved its adoption: RESOLUTION ADOPTING AND - SPECIAL ASSESSEENTS LEVIED CONFIRMING ON ACCOUNT OF STREET IEIPROVEMEWTS NOS. BA-134, BA-131, BA-147, B&-136, BA-139, BA-140, BA-141, BA-142, BA-143, BA-150, BA-155, BA-166, BA-157, BA-161, AND BA-127 SANITARY SEWER NO: 280 BE IT RJ?,SOLVED by the Village Council of the Village of Edina, Minnesota, as follows : I. assessment rolls for the improvements hereinafter referred to, and at such hearings held on July 20, 1970, has considered all oral and written objections presented against the levy of such assessments. 2. Subject to the amendments made in paragraph 3 of this resolution, each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the following improvements: BA-134, BA-131, BA-147, BA-136, BA-139, BA-140, BA-141, BA-142, BA-143, BA-150, BA-155, BA-166, BA-157, BA-161 and BA-127 and Sanitary Sewer No. 280 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improve- ments to be spread against the benefited lots, parcels and tracts of land described therein. 3. Said assessments are hereby amended as follows: The Village has given notice of hearings as required be law on the proposed I Street Improvements Nos. Street Improvement No. BA-134 is to be assessed on a front foot basis, Street Improvement No. BA-139 assessment for Lots 1 through 8, Block 1, rather than on a per lot basis, with a minimum charge of $1,420 per lot. -Lots 1 through 13, Block 2, Viking Hills Third Addition, and Lot 1, Block 1, Viking Hills Second Addition is to be paid by Karl H. Krahl and Marguerite R. Krahl.; 4. first of said installments, together with interest at the rate of 3% per annum on the entire assessment from the date hereof to December 31, 1971, to be pay- able with the general taxes for the year 1970. 5. The Village Clerk shall forthwith prepare and transmit to the County Audi- tor a copy of this resolution and a certified duplicate of said assessments, with each then uppaid installment and interest set forth separately, to be exeended on the tax lists of the County in accordance with this resolution. 6. 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 anyaright of way, as required by Minnesota Statutes, Section 429.061, Subdivismon 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. Biotron for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. The assessments shall be payable in ten equal annual installments, the SANITARY SEVER 292 AND WATERMAIN 258 APPROVED AT PUBLIC HEARING. Affidavits of Noticehwere presented by Clerk, approved as to'form and ordered placed on file. taken as hereinafter recorded. A. Pursuant to due notice given, public hearings were conducted and action CONSTRUCTION OF SANITARY SEI?ER AND APPURTENANCES IN TW FOLLOIJING: (P-SS:-292) Willson Road from Highway 100 to 572' North Mr. Hyde presented total estimated project cost at $84,561.15, proposed to be assessed against 401 estimated assessable units at $210.88 per unit. objections were heard. B. . East Frontage Road of Highway 100 from Lakeview Drive to Willson Road No (See Resolution Ordering Improvement later in Minutes.) CO%STRUCTION OF F?ATERMAIN* AND APPURTENANCES IN THE FOLLOWIHG : (P-IIM-258) East Frontage Road of Highway 100 from Lakeview Drive to Willson Road F7illson Road from East Frontage Road to Grange Road Grange Road from IJillson Road to West 50th Street .. I Mr. Hyde presented total estimated construction cost at $60,899.61, proposed to be assessed against 403 assessable units at $126.49 per unit. being heard, Councilman Johnson offered the following resolution and moved its adoption: No objections RESOLUTION ORDERING IMPROVEMENTS NOS. SS-292 AND VM-258 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed tot owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1. b CONSTRUCTION OF SANITARY SEt?ER AND APPURTENANCES IN THE FOLLOWING: East Frontage Road of Highway 100 from Lakeview Drive to F7lllson Road. W5llson Road from Highway 100 to 572' North 7/20/70 2, CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOFJING: East Frontage Road of Highway 100 from Lakeview Drive to Willson Road Willson Road from East Frontage Road to Grange Road Grange Road from l?lllson Road to !Jest 50th Street and at the hearings held at *the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follcjws: No. f Above SANITARY SEWER IMPROVEmNT SS-292 No. 2 Above t?ATEIQIAIN IMPROVEMENT WM- 25 8 And the areal tQ be Spectalljt-.asseSse~ :the?Xfore--'shalS. @e 'a's follows : Sanitary Sewer Improvement SS-292, Tracts A, By C, and D, R.L.S. 390, Tracts A and By R.L.S. 1021, Parcel 2200, Sec. 18, T, 28, R. 24; for Watermain Improvement No. iW-258, Tracts A, By C and D, R.L.S. 390, Tracts A and B, R.L.S. 1021, Part of Tract A, R.L.S. 212 (Historical Site), Tracts B and C, R.L.S. 212, and part of Lots 10 and 11, Block 5, Craiks First Addition. Notion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. for RED OWL STORES, INC., AUTOMOBILE PARKING ZONING REQUEST GRANTED FIRST READING. Mr. Hoisington recalled that the request of Red Oy1 Stores, Inc., for Auto- mobile Parking District zoning fdr-property at 6728 Xerxes had.been continued from July 6, 1970, so that complaints of neighbors regarding conditions at the site could be investigated. had been received by the Police Department, that occurring on May 5, 1969, because of "unsanitary conditions at the rear of Red Owl Store". ton advised that the staff and Planning Commission still recommend the rezon- ing as requested. t7as disturbed by the encroachment of commercial property around his property and disturbed also by the fact that he could not rely on promises previously made that this encroachment P70Uld not take place. Mr. Lowell A. Turner, 6624 Xerxes Avenue, said that there is already-adequate parking at Red Owl. Mr. James Middleton, 6825 Xerxes Avenue and Mr. Donald F. Klobe, 6724 Xerxes Ave., complained about traffic, on Xerxes Avenue-, stating that people were driving on to Xerxes Avenue from the Red Owl property. Mr. William Dixon', represent- ing Red Owl Stores, Inc., said that cars were driving through to Xerxes Avenue South of the Red Ow1 property. Village Public Health Sanitarian which stated that there have been no complaints teported to his department to date. cleaning up of adjacent property last spring and that this had been taken care of by the Dayton Company. rear of the Red Owl Store open on several occasions and that the Fire Depart- ment has had several verbal complaints. Mr. Hoisington added that there will be a fence to screen the parking if the zoning is approved. lady in the audience said that she did not believe that the parking of fifteen or twenty cars would be worth removing a house and that property owners should be given more consideration. questioned future requests could also be made for them. Council cannot bind any other Council to any parti,cular action. considerable discussion, Councilman VanValkenburg offered Ordinance No. 261- 207 for First Reading inasmuch as it ties in with area plans and hastbeen recommended by the Planning Commission as follows: Investigation showed that only one complaint Mr. Hoising- Mr. James A. Halvorsen, 6700 Xerxes Avenue, said that he ' Nayor Bredesen read a memorandum from the There had been a problem relative to the He added that he had observed dumpsters at the An unidentified Mr. Lowell A. Turner, 6624 Xerxes Avenue, encroachment on Lots 2, 3 and 4 and was told that zoning Mayor Bredesen emphasized that one Following . ORDINANCE NO. 261-207 AN ORDINANCE WNDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL AUTOMOBILE PARKING DISTRICT THE VILLAGE COUNCIL OF TJB VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Section 5, (Automobile Parking District) of Ordinance 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following subparagraph: Section 1. Paragraph 1, Boundaries of Automobile Parking District, Automobile Parking District: "(a) Lot 8 and the North 1/2 of West 68th Street, Block 2, York Terrace ." Section 2. This Ordinance shall be in fu3A force and effect from and after its passage and publication according to law. Motion for First Reading of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes with Councilman Johnson abstaining. 7/20/70 f PJ3MTOM, INC., REQUEST FOR PLANNED RESIDENTIAL DISTRICT FOR NEI? PROPOSAL GRANTED F-EKST- READING. as to form and ordered placed on file. Affidavits of Notice were presented by Clerk, approved llr. Hoisington recalled that Pemtom, Inc., had presented a proposal for Planned Residential District zoning at the Councillieeting of June 15, 1970, and that First Reading had been granted at that time. units in four clusters because of severe soil problems and that a new concept is being presented at this time. The new concept calls for two clusters of 38 town house units next to 14. 6Bth Street on the North and 34 units near the Crosstown Highway, with a total of 72 units rather than the 94 units previously proposed. recommend the preliminary concept of the new plan as well as the overall development plan. been previously told that soil studies were'satisfactory and wondered why Pemtom is now calling for a change. Olsen property for which previous soiS studies had been discussed. added that this proposal is closer to the plan which the neighborhood had wanted, but Nr. Yarger suggested that this plan is more like an apartment com- plex. about traffic flow caused by this development being dangerous for children go- ing to the park, Mr. Hoisington noted that this development would cause less traffic than siggle family development, since 94 single .family units would be permitted. Mr. Hyde reviewed the history of Countryside Park, noting that at the time the land was purchased it was felt that it was on the wrong side of Tracy, but that this was the only land available. Mr. Richard Schluter, 5800 I?. 62nd Street, was told by Mr. Hoisington that the town houses generally would be two stories in height, with three stories overlooking the pond. Mr. Hois- - ington advised Mr. Yarger that Pemtom, Inc., had no firm cohittment as to wheth- er they would provide some safety access across Tracy to the park and said that he was not sure if they should have any responsibility in this direction. Mrs. Elizabeth Selden, 6212 Crest Lane, protested building anything on the land in question and stated that it should be maintained as open land. advised Mrs: Selden that this is privately owned property and that a property owner cannot be denied the right to develop his land. Following considerable . discussion, Councilman Uohnson-offered the following ordinance for First Read- ing, noting that he likes this plan better than the previous plan because there will be less density and less traffic: He added that Pemt6m had abandoned this plan for 94 tofmahouse Mr. Hoisington noted that the Planning Commission and the staff Mr. Jack Yarger, 6020 Arbour Avenue, said that they had Mr. Ygrger was reminded that it was the Mr. Hyde In response to a concern expressed by Mr. H. H. Havir, 6108 Tracy Avenue, Mayor Bredesen ORDINANCE NO. 261-205 OF THE VILLAGE OF EDINA BY ESTABLISHING AN ORDINAICE AEIENDING THE ZONIXG ORDINANCE ADDITIONAL PLANNED RESIDENTIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, EIINNESOTA, ORDAINS: Section 5 (Planned Residential District) of Ordinance 261 of Revised Ordin- ances of the Village of Edina, astamended, is hereby further hended by adding the following subparagraph : Planned Residential District: "(b) west 1/4 of Section 5, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows : Section 1. Paragraph 4, Boundaries of Planned Residential District of That part of Government Lot 1, and the Northeast 1/4 of the North- Commencing at the point of intersection of the Northerly line of County Highway No. 62 with a line drawn due North from a point on the South line of said Government Lot 1, distant 71 1/2 rods East of the SW comer of said Government Lot 1; thence due North to the North line of said Government Lot 1; thence East along the North line of said Governmmt Lot 1 and along the North line of said NE 1/4 of the N.1 1/4 to a point distant 693 feet West of the NE corner of said NE 1/4 of NI.7 1/4; thence South parallel with the East line of said NE 1/4 of NU 1/4 a distance of 693 feet; thence East parallel with the North line of said NE 1/4 of N? 1/4 a distance of 693 feet to the East line of said NE 1/4 of NJ 1/4; thence South along said East line to the Northerly line of said County Highway No. 62; thence Westerly along said Northerly line of said County Highway No. 62 more specifically set forth and described as that part of "line A," Parcel'. No. A-18 (CSAH No. 62, Project No. 6221) contained in that First Certificate dated August 21, 1967, and Filed August 25, 1967, in Book 2599 of Deeds, page 347, as it crosses said premises herein des- cribed, to the point of beginning." I Section 2. This ordinance shall be in full force and effect immediately after its passage and publication according to law. JOHNSON BROTHERS CONSTRUCTION CONFANY R-4 ZONING REQUEST GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. llr. Hoisington presented the request of Johnson Brothers 7/20/70 I Construction Company for zoning change from R-1 Residential District to R-4 Multiple Residential District for property which is located on the Northwest corner of Gleason Road and the Crosstown Highway. Mr. Hoisington said that it is proposed to build 84 apartment units on this 7.1 acre tract which would be limited in building height to three stories on the east end and two stories on the west end in conformance with the Western Edina Plan. Recommendation of the zoning was also made by Planning Commission subject to dedication of land to the Village for a properly designed frontage road. Mr. Roy Thernell, 6431 Arctic Way, said that he would have no objections if the restrictions were enforced. Xn response to a question of Councilman Johnson as to density, Mr. Hoisington explained that this site is unique in shape and that there are very few ways that the land can be developed. He explained that it is proposed to construct 11.1 units per acre and that R-3 allows twelve units on a site this size. An unidentified gentleman in the audience protested construction of an apartment in this area. Mr. Yarger suggested that this zoning as pro- posed would be establishing a precident for R-4 zoning and suggested further that the property be zoned R-3 and then granting variances. said that in his opinion the precident which is most important is the type of building which is standing on the land and that'it'is the development of the property, rather than the zoning, which would dictate a precident. Johnson questioned whether Council would- be bound by precident if someone asked for R-4 zoning of another nearkwep~~a~~EX.Ed~~~ Hoisington said that this would not necessarily take place if/plans ave any validity. Councilman Courtney then offered the First Reading of Ordinance No. 261-210 as follows: ORDINANCE NO. 261-230 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) Mr. Schwartzbauer Councilman ESTABLISHING ADDITIONAL R-4 IKJLTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Section 4, (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended,is hereby further amended by adding the following subparagraph: Section 1. Paragraph 1, Multiple Residence District Boundaries District R-4 "(36) Part of Lot 23, Auditor's Subdivision No. 196." * Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Motion offering First Reading of Ordinance No. 261-210 was seconded by Council- man Johnson who stated that he recognizes that this rezoning may be setting a precident along the Crosstown Highway. Motion carried unanimously. OSCAR ROBERTS ZONING REQUEST GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hois- ington presented the request fa'r rezoning of the Oscar Roberts propertjr located generally South of West 72nd Street,. Vest 0% France Avenue and East of Oaklawn Avenue from R-1 Residential District to R-2, R-3 and R-4 Residential District and 0-1 Office Building District. He advised that it has taken a long time to come up with an appropriate plan and that the staff and Planning Commission recommend this rezoning. Mr. M. C. Thorvilson, 7221 Oalclad Avenue, said that he likes this plan but doesn't want to have to worry about the decision being changed. Mayor Bredesen said that if he has anything to say about it, the zoning will stay this way because he believes that it offers protection along with opportunity and that no one will be hurt. Heatherton Trail, said that even though she had been told that this land would be developed for single family residences, she would approve of this plan. James Nygaard of Expressway--Company1was to1d:that satisfactory grades had been set for mee.ting IJ, 76th Street. No further comments were heard, whereupon Councilman VanValkenburg offered Ordinance No. 261-211 $of Firs6 Readkng,as .follows: Mrs. John H. Igel, 7125 Mr. ORDINANCE NO. 261-211 AN ORDINANCE MNDING ORDINANCE NO. 261 t. (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL OFFICE BUILDING DISTRICT R-4 RESIDENTIAL DISTRICT AND DISTRICT 0-1, R-2 RESIDENTIAL DISTRICT, R-3 RESIDENTIAL AUTOMOBILE PARKING DISTRICT THE VILLAGE.COUNCIL OF THE VILLAGE OF EDINA MINNESOTA, ORDAINS: Section 8, (Office Building District) of Ordinance 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph:: Section 1. Paragraph 1, (Boundaries of Office Building District) of Sub-district 0-1: (hh) Outlot 4 of the preliminary plat of Oscar Roberts First Addi; The Southeast 1/4 of the Northeast 1/4 and the East 1/2 of the Southwest 1/4 of the Northeast 1/4, Section 31, T, 28 R. 24 tion dated August 18, 1969, of the property described as follows: 7/20/70 Section 2. Paragraph 1, (pultirile Residence District Boundaries) of Section 4 (Multiple Residence District) of Ordinance 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-para- graph: District R-2: (56) Lotjjllg tkru 20, Block 1, Lots-1 thru 5, Block 3, Lots 3 and 4,/an8 ht.4 2 thru 5, Block 5, all of the preliminary plat of Oscar Roberts First Addition dated August 18, 1969, of the property described as follows: The Southeast 1/4 of the Northeast 1/4 of the East 1/2 of theSouthwest 1/4 of the Northeast 1/4, Section 31, T. 28, R. 24 Section 3. Paragraph 1, (Multiple Residence District Boundaries) of Section 4 (Multiple Residence District) of Ordinance 261 of revised ordinances of the Village of Edinq is hereby amended by adding the following sub-para- graph: District R-3: (22) Outlot 1 of the preliminary plat of Oscar Roberts First Addi- tion dated August 18, 1969, of the property described as follows : The Southeast 1/4 of the Northeast 1/4 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4, Section 31, T. 28, R. 24 Section 4. Paragraph L (MultiDle Residence District Boundaries) of Section 4 (Multiple Residence District). of Ordinance 261 of revised ordinances of the Village of Edina ishereby amended by adding the following sub-para- graph: District R-4 : (37) Outlot 2 of the preliminary plat of 'Oscar Roberts First Addi- tion dated August 18, 1969, of the property described as follows: The Southeast 1/4 of the Northeast 1/4 of the East 1/2 of the Southwest 1/4 of the Northeast 1/4, Section 31, T. 28, R. 24 Paragraph 1 (Boundaries of Automobile Parkina District) of Section 5. Section 6, (Automobile Parking District) of Ordinance 261 of revised ordinances of the Village of Edina is hereby amended by adding the following subparagraph: Automobile Parking District: I (0) Outlot 3, except the East 300', of the preliminary plat of Oscar Roberts First Addition dated August 18, 1969, of the property described as follows : The SouFheast 1/4 of the Northeast 1/4 of the East 1/2 of the Southwest 1/4 of the Northeat 1/4, Section 31, T. 28, R. 24 Section 6. This ordinance shall be in full force and effect immediately upon its passage and publication according to law. ORDINANCE NO. 261-206 CONTINUED TO NEXT MEETING so that Council would have an opportunity to review the ordinance by motion of Councilman Johnson, seconded by Councilman Shaw and- carried. ORDINANCE 261-208 ADOPTED AT SECOND READIhS; INC RECORDIhG OF EASEMENT. Mr. Hoisington presented Ordinance 261-208 for Second Readingnoting that all ordinance requtrements have been met and that an easement has been signed which will provide access fa the R$erts,.prgperty,..- . representative of the Rauenhorst Corporation was told by Mr, Hyde that thi Vill-- age would not sod the easement. kenburg offered Ordinance No. 261-208 for Second Reading and moved its adoption with the stipulation that publication of the ordinance be withheld pending the-recording of the easement by the Village Agiorney: PUBLICATION TO BE'WITHHELD PEND- Following somg discussion,*Councilman VanVal- ORDINANCE NO. 261-208 (ZONIEG ORDINANCE OF THE VILLAGE OF EDINA) .- AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,.MINNESOTA, ORDAINS: Section 1. Paragraph 1, Nultiple 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 "(34) Tract A of Registered Land Survey Section 2. This ordinance shall be in f after its passage and publication according ATTEST: 8.7LA%a%A 6L Village Clerk / 7/20/70 ORDINANCE NO. 261-209 GRANTED SECOND READING. No. 261-209 for Second Reading as recommended by the Planning Commission. No objections were heard, whereupon Councilman Johnson offered the following ordinance and moved its adoption: 11~. Hoisington.presented Ordinance ORDINANCE NO. 261-209 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MImSOTA, ORDAINS: Section 4, (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the f ol lowing subparagraph : Section 1. Paragraph 1, Multiple Residence District Boundaries of District R-4 'l(35) Lot 1, Block 1, Hedberg Parklawn First Addition." Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for adoption of the Ordinance was s rollcall there were five ayes and no nays LOT 2, BLOCK 1, COUNTRYSIDE ADDITION,DIVISION CONTINUED TO AUGUST 2, 1970. Affidavits of Notice were presented by Clerk, approved as to form and ordered m c9 placed on file. division of Lot 2 and the easterly 32 feet of Lot 1 into two buildable parcels, each 76 feet wide, but noting that there is a deed restriction which states that only one house can be built on each lot. Mr. Kiichli is requesting the division and intends to sell the east 76 feet of Lot 2 for building purposes and retain the remainder of Lots 1 and 2 until the deed restriction expires.in seven years. Mr. Hoisington said that it seems to be a reasonable request and that the staff and Planning Commission recommend approval. gentleman in the audience protested the division, stating that it is question- able whether the covenants will actually expire in seven years. He protested that these lots would be smaller than other lots in the Countryside Addition. Councilman Johnson noted that adjacent lots were smaller. recalled that three connections were made for sewer and watermain anticipating that someday there would be three houses built on the property. said that his taxes will be too high unless he can divide the property. ing considerable discussion, Councilman Johnson's motion continuing the matter for two weeks so that the Village Attorney can look at the deed restriction was seconded by Councilman Courtney and carried. Mr. Hoisington presented the request of Mr. Ralph Kiichli for An unidentified Mr, Hoisington Mr. Kiichli Follow- LOT 7, BLOCK 1, MIKULAY'S ADDITION AND LOTS 1 AND 2, KESLER'S HILLTOP ADDITION DIVISION APPROVED. to form and ordered placed on file. Mr. Hoisington presented the request to . divide Lot 7, Block 1, Mikulay's Addition and Lots 1 and 2, Kesler's Hilltop Addition, and that the lots would compare favorably with other lots in the area. Mr. Gale Kesler, 6121 Normandale Road, urged approval of the division. No objections were heard, whereupon Councilman VanValkenburg offered the following resolution and moved its adoption as recommended by the Planning Commission: 'WHEREAS, Gale T, Kesler and Lillie N. Kesler, husband and wife, are the owners of the following described tracts of land which are now separate parcels: Lot 1 and Lot 2, Keslers Hilltop Addition, subject to recorded easements, and that part of Lot 7, Keslers Hilltop Addition described as follows: That part of Lot 7, lying Northeasterly of the Southeasterly exten- sion of the Northwesterly line of Lot 5, all in Block 1, Mikalays Addition, Hennepin County, Minnesota, subject to the right-of-way of the highway over the South 70 feet thereof; and I.JHEREAS, the owners of the above-tracts of land desire to subdivide said tracts into the following described new and separate parcels (hereincalled 9?arcelsct) : Affidavits of Notice were presented by Clerk, approved as RESOLUTION Lot 1, Keslers Hilltop Addition, except that part of Lot 1, Keslers Hilltop Addition lying Southwesterly of a line run from a point on the Vest line of Lot 1 a distance of 62.74 feet North from the Southwest corner to a point on the South line of said Lot 1, a distance of 77.13 feet East from the Southwest corner thereof; and Lot 2, Keslers Hilltop Addition except that part of Lot 2, Keslers Hilltop Addition, lying Southwesterly of a line run from a point on the North line of said Lot 2, a distance of 77.13 feet East from Northwest corner to a point on the 7/20/70 East line of said Lot 2, a distance of 31;76 feet North from the Southeast corner of said Lot 2, except road easements; and That part of Lot 1, Keslers Hilltop Addition lying Southwesterly of a line run from a point on the l?est line of Lot 1 a distance of 62 .74 feet North from the Southwest corner to a point on the South line of said Lot 1, a distance of 77.13 feet East from the Southwest corner thereof; and that part of Lot 2 Keslers Hilltop Addition, lying South- westerly of a line run from a point on the North line of said Lot 2, a distance of 77.13 feet East from Northwest corner to a point on the East line of said Lot 2 a distance of 31.76 fedt North from the Southeast corner of said Lot ,2, except road easements; and that part of Lot 7, lying Northeasterly of the Southeasterly extension of the Northwesterly line of Lot 5, all in Block 1, Mikulays Addition, Hennepin County, Elinnesota, subject to the right-of-way of the highway over the South 70 feet thereof; and 1 WHEREAS, it has been determinedthat compliance with the Subdivision and Zoning Regulations of the Villagebof Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance 'Nos. 261 and 263-A; NOW, THEREFORE, it is hereby resolved hy--the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of' Ordinance No. 261 and Ordinance No. 263-A are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Hotion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. BEI;MAR INDUSTRIAL ACRES GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Elr. Hoisington presented the request for approval of a four acre plat zoned planned Industrial and noted that the plat meets all ordinance requirements and that approval is recommended by the Planning Commission. whereupon Councilman VanValkenburg offered the following resolution and moved its adoption: . I No objections were heard, XESOLUTION APPROVIEG PRELININARY PLAT OF BELMAR INDUSTRIAL ACRES BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Belmar Industrial Acres", platted by Allan W. Gar- rison and presented at the meeting of the Village 06uncil of the Village of Edina of July 20, 1970, be and is hereby granted preliminary approval. Motion for adoption of the Resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. GROVE STREET VACATION APPROVED SUBJECT TO RECEIPT OF EASEEENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Hyde advised that it is proposed to close Grove Street over the M.N.& S tracks which action was contemplated when the new bridge was approved for Benton Avenue. No objections were heard, whereupon Councilman VanValkenburg offered the follow- ing resolution and moved its adoption, subject to receipt of necessary easements: RESOLUTION VACATING A PORTION OF GROVE STREET NHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on July 20, 1970, at 7:OO p.m., on the proposed-street vacation hereinafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, be it resolved by the'village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Grove Street, all as platted and of record in the office of the Register of Deeds 'in and for Hennepin County, llinnesota, be and is hereby vacated effective September 21, 1970, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: Grove Street from Hansen Road to the IJest line of the Minneapolis, Northfield and Southern Railroad. Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. BRAEMAR PARK ATHLETIC CO3IPLEX CONSTRUCTION BIDS LET FOR STORM SEWER, GRADING AM) SODDING. sir. Hyde presented a tabulation of eleven bids received in 7/20/70 i response to advertisement for bids in the Edina Sun on July 2, 1970, and in the Construction Bulletin-on July 2 and 9, 1970. Inc. low bidder for Proposal A (Storm Sewer and Grading) at $29,197.00, Riebe Sod Cg., no bid, W. G. Pearson, Inc., $32,000.00, Don Anderson Co., Inc., $32.342.50, Carl H. Peterson Co., $35,568.00, J. A. Danens & Son, Inc., $40,590.00, Park Construction Co., $45,530.00 and I?. & G. Rehbein Bros. high bidders at $58,200.00. Engineer's estimate was given at $41,725.00. Tabulation for sod- ding under Proposal B showed Riebe Sod Co., Inc., low bidder at $14,910.00, C. I?. Houle Landscaping, $16,188.00, Metro Contracting; Inc, $25,560.00, and I?. & G. Rehbein Bros., $16,614.00, against Engineer's estimate of $19,170:00. Upon being advised that the bid of Riebe Sod Company, Inc., was accompanied by a company check, rather than a certified check, Village Attorney Schwartzbauer said that since a certified check had since been sent, it was his judgment that the Village could waive this irregularity. awarding contracts to recommended low bidders in each case was then seconded by Councilman VanValkenburg and carried, in view of the Attorney's recommendation. STREET IMPROVEMENT BA-172 CONTRACT AWARDED. Mr. Hyde presented tabulation of five bids received in response to Advertisement for Bids ShonEng Riegger-Road- ways, Inc., low bidder at $68,966.70, Plehal Blacktopping, Inc., $74,369.50, Bury and Carlson, Inc., $74,424.10, Matt Bullock Contracting Co., Inc., $81,399.20, McNamara Vivant Contracting Co., Inc., $87,483.00 against Engineer's estimate of $94,644.25. man Courtney and carried awarding contract to recommended low bidder. Tabulation showed Terry Bros., Councilman Courtney's motion Councilman VanValkenburg's motion was then seconded by Council- - I?ATEWIN IMPROVEMENT 257 CONTRACT. AWARDED. Mr. Hyde advised Council that informal bids were taken for Platermain No. 257 showing Q.R.S. Construction Company low bidder at $2,944.50. Other bidders were G.L. Contracting, Inc., and Austin P. Keller Construction Co., Inc. awarding contract to recommended low bidder, Q.R.S. Construction, Inc., was seconded by Councilman Courtney and carried. Councilman VanValkenburg's motion COUNTY ROAD 18 PLAN 5B APPROVAL URGED BY WEST SUBURBAN CHAMBER OF COMMERCE. Mr. Hyde called Council's attention to a letter from the West Suburban Chamber of Commerce recommending .and urging approval of Hennepin County Plan 5B for County Road 18. It was informally agreed to consider this letter with final plans for County Road 18. * PETERSON, CARDARELLE, HARTWICK ZONING CHANGE HEARING DATE SET for August 3, 1970 for property West,of Walnut Drive by motion of Councilman Shaw, seconded by Councilman Courtney and carried. P.C.H. PRELIMINARY PLAT APPROVAL HEARING DATE SET for August 3, 1970, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. OLD LIBRARY SITE DISCUSSION CONTINUED TO AUGUST 3, 1970. Mr. Hoisington recalled that the matter of the Old Library Site had been continued from June 15, 1970, and presented the ,following three alternatives: 1) , Give the property back to the original doaors; plan; or 3) Change it to a mini-park. heartedly recommends the original plan which calls for selling a portion of the land to the bank, moving Library Lane to the West and retaining that fifty feet adjacent to W. 50th Street which the owners have not requested. The rest of the fifty foot buffer.has been requested by the owners of abutting property along.the east side of Maple Road. Mr. Hyde presented a petition with 1,683 lines of signatures which reads as follows: dents of the Village of Edina, wish to request that the Council retain the Old Library Property as a park. We also understand that the fifty foot buffer strip will be deeded to the residents whose property adjoins this site.", My. Hyde noted that signers come from the entire Village. Mrs. Gerald Nisula, 4815 Maple Road, said that she is behind the campaign to "Save the Village Greed'. cut down and urged that this site be retained as a spot of beauty which would be a source of pride for all of Edina and that $50,000 could never pay for the twenty-seven trees which would be removed. Road, suggested that the bank.would not be willing to pay $50,000 for just a parking lot and was told that the bank might expand to the West at some future time. release the deed restriction. the road would be assessed, if it is constructed, Nr. Hyde said that it would be his recommendation that the cost would not be assessed to any residential property. Mr. Hoisington pointed out that this matter had been discussed by the Park Board at a previous meeting but that a quarum had not been present and action could not be taken at that time, 2) Develop the property in accord with the 50th and France He added that the staff still whole- "?e the undersigned, being resi- She said that there is a strong reaction against having these trees Mr. William Ruppert, 4905 Maple I Ijlayor'BreBZesen added that Mr. Kruse has not indicated that he would In reply to Mr. Ruppert's question as to how Mr. Joseph Manchak 7/20/70 representing the First Edina National Bank, then proposed an alternate solution whereby the bank would donate the Parbury property, a 2.3 acre tract of land at 420117. 45b.h Street, for a park. it would serve an area of Edina where there are no existing parks. Hauck, 5029 Idianola Ave., suggested leaving the Rroperty as it is now and using the building-as a community center. Mayor Bredesen recalled that three years ago the Edina Fire Department had prohibited use of the second floor of the building. Nrs. J. M. Palmer, 5813 Eastview Drive, said that she represents the Edina Garden Clubs at the Park Board Meetings and that there are many mat- ters to be considered rather than just the upkeep of a park. a request of Mr. H. .B. Nettum, 4909 Maple Road, Nr. Hoisington showed plans which indgcated the location of streets and parking areas in the 50th and France area. Nrs. Nisula suggested tabling the matter so that an effort could be made by those favoring a "green" to raise money for this project. Dr. Paul Carson said that no estimates had been furnished as to the cost of improving the area as a park. Mrs. Robert L. MacPhai1, 2 Bridge Lane, said that the bank should show plans for their future expansion and was told that drawings had been submitted showing an addition to the North with a possibility of going Vest about ten feet. mission were Nrs. Reese, who said she lives in the Country Club area, Mr. Gerald Nisula, 5815 Ilaple Road, Nr. Gary Kunster Ruppert and an unidentified lady on Bruce Avenue. Nr.lW?&ri Bynell, 4915 Maple Road said that he does not want a park next to his property. Yunker, 4004 W. 42nd Street, supported the position of the staff and the Plan- ning Commission, as did Mr. Douglas Linnell, 6012 Tracy Avenue, and Blr. Kenyon, also of Tracy Avenue, and Nr. George AsSad. resented the implication that Council had not been thoughtful about having trees and parks in the Village inasmuch as there are presently 1,100 acres of parkland within Village limits. Following considerable discussion, Council- man Johnson said that he would.like to talk to business men in the area and moved that the matter be continued to August 3, 1970. the motion, requesting that a copy of the deed be furnished the Council as well as Attorney's opinions which have been refidered on this matter. carried. He said that the land is wooded and that Mrs. I.7. H. In response to Speaking in opposition to the plan.@ the staff and the Planning Coma of Maple Road, Mrs. William Mr. Regis Nayor Bredesen said that he Councilman Shaw seconded Notion (See correction in Minutes of August 17, 1970) NATIONAL FOOD STORE AGREEMENT APPROVED. As recommended by Mr..Hyde, Council- man VanValkenburg's motion authorizing execution of the necessary agreement with National Food Stores involving necessary properties for Ring Road and also cove-ring the easement to run in front of the National Food Store connect- ing Halifax Avenue with the Parking Ramp was seconded by Councilman Courtney and carried. VERNON AVENUE PLANS AND CONSTRUCTION AGREEMENT APPROVED. Mr, Clemenhagen and Mr. Fisher of the Highway Department, noting that this project was engineered by the County as a State Aid road. construct the roadway. at 44 feet with curb: atid gut&ez and paving the shoulders of the road. to thru traffic by placing a barrier at the junction of Eden Prairie Road and Vernon Avenue had been received and that this is included in the plan. Fisher advised that latest traffic count through the Commercial area was .10,050 vehicles per day, tapering to 4,350 cars per day at Gleason Road. jected traffic count for 1985 was given at 12,000 vehicles per day through the commercial area, tapering to 10,000 at Gleason Road. In response to a quest- ion of Dr. Paul Carson, Mr. Hyde explained that the improvement of Vernon Avenue was a cooperative effort between the. County and the Village. Mr: Hyde added that Vernon Avenue rates fifth in accident producing streets and that it is felt that this improvement is necessary from a safety standpoint, and that this is really a maintenance job to take better care of traffic. Mr. F. C.-Hubbard, 5725 Blake Road, said that he spoke also for Mr. W. S. Robert- son, 6209 Schaefer-Circle, and that they would move if this improvement is authorized. An unidentified gentleman was told that the speed limit would not be set until perhaps six months after the street is open to traffic, but that it would probably be 40 miles per hour on the West end and less at the business area. property owners of this meeting. printed onthe front page of the Edina Sun. Df. Carson and an unidentified lady in the audience expressed disapproval of the improvement as did Mr. J. 1.1. Bartlett, 5244 Richwood Drive, who was told that there would be a five foot berm outside of the curb which could be used f0r.a foot path or for bicycles. Following considerable discussion, Councilman Johnson offered the following resolution and moved its adoption: Mr. Hyde introduced It is proposed to Mr. Hyde noted that a petition for closing Eden Prairie Road Nr. Pro- Mr. Hubbard protested that sufficient notice was not given Mr. Hyde recalled that a notice had been 7/20/70 RE SOLUTION WHEREAS, plans for Hennepin County Project Nos. 6733 and 6810 showing proposed alighment, profiles, grades and caoss-sections, together with specifications and special provisions for the construction of County State Aid Highway No. 158 within the limits of the Village as a State Aid Project have been prepared and presented to the Village: NOW, THEREFORE; IT IS RESOLVED that said plans, specifications and special provisions be in all things approved. Motion for adoption of the resolution was seconded by Councilman Shaw and carried. CLAIMS PAID. Courtney and carried for payment of the following claims as per Pre-List: General Fund, $25,999.09; Construction Fund, $129,222.08; Park, Park Construc- tion, Swimming, Arena, Golf, $24,354.66; Water Fund, $2,393.57; Liquor Fund, $124,6 30 ,15 ; Sever Fund, $3,604.70 ; Imp rovemen't s , $9 65.7 6 ; Tot a1 , $3 11 , 170.0 1. Motion of Counciiman VanValkenburg was seconded by Councilman LIQUOR REPORT as of May 31, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Council- man Johnson and carried. ADYERZIISEMENT FOR BIDS AUTHORIZED FOR VARIOUS IMPROVEMENTS. As recommended by Mr. Dunn, Councilman Shaw offered the following resolution and moved its adoption : RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEIGNTS 'AND DIRECTING ADVERTISEMENT FOR BIDS SANITARY SEWER NO. SS-292, IJATERMAIN NO. VnI- 2 5 8 STREET INPROVEMENTS NOS. E-25, BA-164, A-170 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement 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 Edina Sun and Construction Bulletin the following noticesfor bids for improvements: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SANITARY SEFJER IMPROVEMENT NO. SS-292 WATERMAIN IMPROVEMENT NO. WM-258 'BIDS CLOSE AUGUST 14, 1970 SEALER BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 1-7, 50th St., at-11:00 a.m., Friday, August 14, 1970, and the Edina Village Council will meet at 7:OO p.m., Monday, August 17, 1970, to consider said bids for the construction of Sanitary Sewer and Watermain. The following are approximat,e quantities of major items : SANITARY SENER NO. SS-292 1630 L/F 12" V.C.P. Sanitary Sewer 382 L/F 12O' D.I.P. Sanitary Sewer 48 MBF Sheathing WATERMAIN NO. tnl-258 3040 L/F 8#' D.I.P. Watermain Mechanical Joint, Class 4 125 L/F 6'j D.I.P. Watermain Mechanical Joint, Class 5 65 8 Standard Manholes 4 Standard Hydrants L/F 18" Steel Casing Augering Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). 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 EDINATILLAGE COUNCIL. Said deposit to be returned upon return of the The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk 7/20/70 (Official Publication) VILLAGE OF EDINA HENNEPIN - COUNTY, EIINNESOTA ADVEPTISEESENT FOR BIDS PORTLAND CEESENT CONCRETE PAVING IIPROVEEIENT NO. E-25 CONCRETE CURB AND GUTTER IEPROVEMENT NO. BA-164 PERMANENT STREET SURFACING IEPROVEbENT NO. P-A-170 CONCRETE REPLACEMENT PER~ANENT STREET SURFACING AND SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 $1. 50th St.; at 11:OO a.m., Friday, August 14, 1970, and the Edina Village Council will meet at 7:OO p.m., Monday, August 17, 1970, .to consider said bids for the construction of*Portland Cement Concrete Paving, Permanent Street Surfacing and Concrete Curb and Gutter and Concrete Replace- ment. The .following are approximate quantitjes of major items. S/Y 6" Thick Non-Reinforced Concrete Paving PORTLAND CEISENT CONCRETE PAVING IMPROVEMENT NO. E-25 853 300 C/Y Excavation 300 S/Y Cultured Sod PERMANENT STREET SURFACING & CONCRETE CURB & GUTTER IMPROVEMENT NO. BA-164 AND PERMANENT STREET SURFACING IIPROVEMENT NO. P-A-170 1600 C/Y Excavation 3400 S/Y 6'l Compacted Class 5 Gravel 5800 's/Y 2" Thiclc Bituminous Paving 2440 L/F B6-18 Curb and Gutter* 3000 S/Y Cultured Sod CONCRETE REPLACEIIENT - VARIOUS LOCATIONS THROUGHOUT THE VILLAGE 860 150 1010 SLY 6" Non-Reinforced Concrete Paving Remove and Replace S/Y 8'' Non-Reinforced Concrete Paving Remove and Replace S/Y 6" Compacted Class 5 Gravel 50 C/Y Excavation Work must be done as described in plans and specifications on file in the office of the Village Clerk. deposit of $25.00 (by check). plans and specifications with a bona fide bid. unless sealed and accompanied by cash deposit, bid bond or certified check pay- able to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VIWE COUNCIL. I Plans and specifications are available for a No bids will be considered Said deposit to be returned upon return of the The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk Motion seconded by Councilman Johnson and carried by unanimous rollcall vote. The hour being late, Councilman VanValkenburg's *motion continuing the meeting to Friday, July 24, 1970, following the 3:30 Board of Review Eleeting was seconded by Councilman Shaw and carried. Adjournment at 11:56. I..