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HomeMy WebLinkAbout19700803_regularI EIINUTES OF THE REGUIAR MEETING OF THE EDINA.VILL&GEXO@CIL HELD AT VILLAGE HALL ON .. ~. MONDAY, AUGUST -3, 1970 Members answering rollcall were Councilmen Johnson, Shaw, VanValkenburg and Mayor Bredesen. The meeting convened at 7:lO following Board of Review. MINUTES of July 6, 1970, were approved as submitted by motion of Councilman Van Valkenburg, seconded by Councilman 6haw and carried. STREET IM?ROVEMENTS BA-114 AND BA-110 SPECIAL ASSESSMENTS APPROVED. recalled that special assessment hearings had been continued from July 20, 1970, Mr. Hyde for A* Mr . I Street Improvements BA-114 and BA-110 as follows: STREET IMPROVEMENT BA-114 in the following: Josephine Avenue from South line of Lot 10, Block 2, Normandale 2nd Addition to Nilryan Avenue from 17est 64th Street to West 66th Street Tingdale Avenue from West 63rd Street to Nest 64th Street Tingdale Avenue from West 65th Street to TJest 66th Street Mildred Avenue from Vest 63rd Street to the North line of Lot 14, Block 17. 66th Street 10 Normandale 2nd Addition Vest 64th Street from Josephine Avenue to Vafren Avenue ' *_'. West 65th Street from Highway #lo0 to Tingdale Avenue Rolf Avenue from West 64th Street to middle of Lot 14, Block 11, Normandale Hyde recalled that this hearing had been continued so that it could be 2nd Addition determined how the $90.00 had been assessed for side streets. assessment he found that there are five lots that s'ide:on I?. 66th Street on the North side that should not be charged $90.00 for this particular assessment. He recommended that the assessment be levied as proposed but dropping $450.00. Councilman Johnson's motion approving the assessment as proposed but dropping the €&E lots as recommended by the Village Manager was seconded by Councilman Shaw and carried (See Resolution Ordering Assessment later in Minutes.) B. STREET IHPROVEMENT BA-110 in the following: West 66th Street from Josephine Avenue to Ridgeview Drive Mr. Hyde recalled that this assessment was continued because some of the property owners affected by this assessment were also concerned with BA-114 and there is no change in this project assessment, whereupon Councilman Johnson offered the following resolution and moved its adoption: In checking the I . RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STREET IMPROVEMENTS NOS. BA-114 AND BA-110 BE IT RESOLVED BY THE VILLAGE COUNCIL of the Village of Edina, Minnesota, as follows : 1. The Village has given notice of hearings as required by law on the pro- posed assessment rolls for the improvements hereinafter referred to, and at such hearings held on August 3, 1970, has considered all oral and written objections presented against the levy of such assessments. 2. of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for Street Improvements Nos, EA-114 and BA-110 does not exceed the lo-cal 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. Special assessment for Street Improvement BA-114 is hereby amended so that Lots 8 and 9, Orrin E. Thompson's Edina Addition, Lots 12 and 13, Block 17 and Lot 12, Block 18, all in Normandale Second Addition be deleted from the assess- ment as originally proposed. 4. first installment to be payable, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1971 . to be payable with the general taxes for the year 1970. 5. The Village Clerk shall forthwi'th prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assess- ments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 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 any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth Subject to the amendments made in paragraph 3 of this resolution, each The assessments shall be payable in ten 'equal annual installments, the 8/3/70 169 in said section. Hotion for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there were four ayes and no nays and the resolution was adopted. P.C.H. COMPANY ZONING REQUEST REFERRED TO PLANNING COMMISSION. Affidavits of Notice were presented by Clerk, approved as t-o form and ordered placed on file. Mr, Hoisington presented the request of P.C.H. Company for R-3 and R-4 Multiple Residence District zoning for the Sime property located West of Walnut Drive and North of Vernon Avenue, with dedication of'0utlot A to the Village for the protection of the creek. that some revisions are being recommended so that the zoning will conform to the Uestern Edina Plan. Mr. Hoisington added that a new type zoning district is being developed which will fit the concept of the Western Edina Plan, under which 300 units would be permitted on the Vestern portion of the P.C.H. ' Company property. Mr. Hosmer Brown, attorney for P.C.H. Company, pointed out serious building problems for the property inasmuch as the North one-half is swamp and does not lend itself to construction. He added that if the buildings are limited to four stories, it would be necessary to build in the swampy area. He said that P.C.H. Company is only asking for some way to fit 320 units on this plat of land which will meet the density requirement of twelve units per acre. Mr. Thomas Stalil, architect for the P.C.H. Company, presented various site plans that have ' been considered and noted that when this proposal vas originally presenfed to the Planning Cominission, the Western Edina Plan had not been adopted. He noted that plans have again been modified and now call for two six story buildings with parking both outside and underground and keeping an area of open ground as a buffer between single family residen- tial propeties. Mr. Roland Davis of Walnut Drive, questioned the density of the proposed development, stating that it does not conform with the Nestern Edina Plan. Mr. John P, Ziegler, 6012 Tamarac Drive, said that it had been no secret that the land had not been zoned for multiple residence district or that the property was swampy before it was purchased by P.C.H. Company and pointed out that the feelings of the residents in the area had not been taken into account. Mr. Raymond H. Rice, 5914 Tamarac Lane, recalled that Council had denied the request for townhouses in the Parbury property on W. 45th Street and that this proposed development is no more appropriate than townhouses were in that area. situations. compromise, but certainly did not want R-5 zoning or six story apartments. Hoisington said that Planning Commission had long ago recommended denial of R-5 zoning for the area. that he does not live in the affected area, urged.that no-more than four stories be permitted. to build higher buildings in order to gain more open space with greenery and recreational areas. 14r. Vincent Nelson, 6020 Walnut Drive, said that he believes that the proposed zoning would improve the value of his property. Mr. VanValkenburg suggested that the matter should be continued until the new zoning ordinance could be studied. believe that this plan is in keeping with the Western Edina Plan and that approval of such a concept might create a precident. He said that if the developers come in with a plan in keeping with the Uestern Edina Plan, Council would look favorably upon it but that since this plan is at variance with the Vestern Edina Plan he believes that it should not be approved. He then moved that the matter be sent back to the Planning Commission, which motion was seconded by Councilman VanValkenburg and carried. Mr. Hoisington reviewed the request in detail and said Mayor Bredesen said that there is no comparison in the two Mr. N. K. Lowry, 6512 Aspen Road, said that he would be willing to Mr. An unidentified gentleman in-the audience who said Mayor Bredesen said that it mighk 'be more advantagious Councilman Johnson stated that he does not ORDINANCE NO. 261-205 GRANTED FINAL APPROVAL: PUBLICATION TO BE KCTHHELD. l$r. Hoisington presented Ordinance No. 261-205 for Second Reading, noting that the overall plan of Pemtom, Inc., still needed to be finalized. He.recommended that Council grant Second Reading of the ordinance but that publication be withheld pending submission of final deed restrictions, finalization of.the plan itself and developer's agreements which could not be worked out until I Pemtom was assured of the requested zoning. Ordinance No. 261-205 for Second Reading subject to withholding- of publication until all of the requirements mentioned above have been finalized and includ- ing Councilman Shaw's amendment to the motion that no more than the seventy- two units permitted at First Reading be allowed and moved its adoption; Mr. Hyde briefly called attention to a'report by the Village Engineer regarding necessary utility improvements in and around the Pemtom site. Councilman-Johnson then otfered ORDINANCE NO. 261-205 AN ORDINANCE AMENaING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY ESTABLISHING ADDITIONAL PLANNED RESIDENTIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 4, Boundaries of Planned Residential District 170 8/3/70 of Section 5 (Planned Residential District) of Ordinance 261 of Revised Ordi- nances of the Village of Edina, as amended, is hereby further amended by add- ing the following subparagraph: Planned Residential Distrkct: "(b) That part of Government Lot 1, and the Northeast 1/4 of the North- 17est 1/4 of Section 5, Tomship llG-North, Range 21 Ilest of the 5th Principal lleridian , described as follows : 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 $/2 rods East of the St7 corner of said Government Lot 1; thence due North to the North line of said Government Lot 1; thence East.along* the 1Jori5i line of said Government Lot 1 and along the North line of said NE 1/4 of the Nl-7 1/4 to a point distant 693 feet West of the NE corner of said NE 1/4 of N.7 1/4; thence South.paralle1 with the East line of said NE 1/4 of Nl-7 1/4 a distance of 693 feet; thence East parallel vith the North line of said NE 1/4 of NU 1/4 a distance of 693 feet to the East line of said NE 1/4 of N[J 1/4; thence South along said East line to the Noztherly line of said County Highway No. 62; thence 1;lesterly along said Northerly line of said County IZghway No. 62 more specifically .set forth and described as that part of "Line A," Parcel No. A-18 (CSAH No. 62, Prajcct 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 described, to the point of beginning. It . Section 2. This ordinarr: e shall be in full force and .effect immediately after its passage and publication accor >lotion for adoption of the ordinance wa ATTEST : 4- de _. . Village Clerk ORDINANCE NO, 261-211 CONTINUED TO AUGUST 17, 1970, ington, Councilman VanValkenburg's motion continuing Second Reading .of Ordi- nance No. 261-211 to August 17, 1970, was seconded by Councilman Johnson and carried. As recommended by Mr. Hois- ORDINANCE NO. 261-207 CONTINUED TO AUGUST 17, 1970. members of Council were present, Councilman Shawls motion continuing Second Reading of Ordinance No. 263-207 to August 17, 1970, was seconded by Councilman Shaw and carried. Because only three voting - .;. ORDIlhCE NO. 261-210 GRANTED SECOND READIEG: PUBLICATION TO BE FJITHHELD. Hoisington presented Ordinance 261-210 for Second Reading noting that Johnson Bros. Construction Company had taken care of deed restrictions but that the street dedication had not yet been made, Ordinance No. 261-210 for Second Reading as follows, with publication to be withheld pending receipt of the street dedication: Nr. Councilman Johnson thereupon offered ORDINANCE NO. 261-210 AN ORDINANCE AEDENDING ORDINANCE NO. 261 (ZONING.ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT ., . . THE VILLAGE COUNCIL OF THE VILLPGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, :Nultiple Residence District Boundaries of Sec- tion 4, (Eiultiple Residence District) of Ordinance No. 261 of revised ordi- nances of the Village of Edina, as amended, is hereby further amended by adding the following subparagraph: District R-4 "(36) That part of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NI;I 1/4) and the Northwest Quarter of the Northeast Quarter (Nk7 1/4 of NE 1/4)*of Section Six (6), Township One Hundred Sixteen (116), Range Twenty-one (21), described as follows : Beginliing on a point in the West line of said Northeast Quarter of the Northwest Quarter (NE 1/4 of M7 1/4) distant 814.5 feet North of the Southwest corner of said Northeast Quarter of the Northwest Quarter (NE 1/4 of Nq 1/4); thence running Eqst and a deflection angle to the right of 92O20' a distance of 676.3 feet; thence North parallel with the Vest line of said Northeast Quarter of the Northwest Quarter fNE 1/4 of MJ 1/4) a distance of 366 feet to a point which is 283.9 feet South of the North line of said Section Six (6); the actual I 8/3/70 '313 rrs I. point of beginning of the tract to be described; thence running East on a deflection angle to the right of 92O20' a distance of 1317.5 feet more or less to the center line of the Town Road, also known as .Gleason Road as now laid out and travelled; thence Northeasterly along said center line a distance of 384.7 feet more or less to its intersection with the North line of said Section Six (6); thence West along said North line a distance of 1426.3 feet more or less to a point which is distant 678.6 feet East of the Northwest comer of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NG;J 1/4); thence South parallel with the Vest line of said Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) 283.9 feet to the point of beginning. lJhich lies Northerly of the following described line: Beginning at the East Quarter comer of Section Six (6), Township One Hundred Sixteen (116), Range Twenty-one (21), thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section Six (6) a distance of 1807.59 feet; thence North 75 degrees 48 minutes 33 seconds West a distance of 1070.37 feet; thence North 81 degrees 13 minutes 33 seconds West a distance of 1031.19 feet; thence North 12 degrees 36 minutes 50 seconds East a distance of 490.0 feet; thence South 77 degrees 23 minutes 10 the line to be described; thence North 77 degrees 23 minutes 10 seconds West a distance of 180.30 feet; thence along a tangetial curve to the left with a radius of 687.96 feet (delta angle 30 degrees 18 minutes 23 seconds, tangent distance 186.31 feet) a distance of 363.89 feet; thence South 72 degrees 18 minutes 27 seconds West along tangent to last described curve a distance of 145.43 feet; thence along a tangential curve to the right ~7ith radius of 839.93 feet (delta angle 22 degrees 43 minutes, tangent distance 168.72 feet) a distance of 333.02 feet; thence North 84 degrees 10 minutes 27 seconds West a distance of 600.0 feet and there terminating. Said last described course is not' tangent to last described curve. Excepting therefrom the TJesterly 150 feet thereof, as measured at right angles to the Vest line thereof. -seconds East a distance of 100.0 feet to the actual point of beginning of . a Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Notion for adoption of the ordinance was s rollcall there were four ayes and no nays ATTEST : Shaw and on 9L-A. YA' Village 'Clerk P.C.H. ADDITION BPPROVAL' OF PRELIMINARY PLAT CONTINUED. Councilman VanValken- burg's motion that the P.C.H. Addition preliminary plat approval be continued as part of Planning Commission considerations of the zoning request was seconded by Councilman Shaw and carried. LOT 2, BLOCK 1, COUNTRYSIDE A13T3I'EION DIVISION EW.&Il. the division of the East 76 feet of Lot 2, Block-1, .Countryside Addition had been continued from July 20, 1970, so that Plr. Kiichli could provide deed restrictions for Council's revkwal. of the deed restriction on hand and recommended that the division be approved. Mr. VanValkenburg said that the restrictions indicate that they run at least until 1977 and that they can be continued for additional ten year periods by the then owners and that there is also a limitation of building more than one residential structure on any given lot. He said that he believes that this request is about seven years premature. Mr. Shaw recalled that not too long ago Council had denied a lot division in the same general area, based on the fact that-people bought lots in the area in dependence on the existing plat. Mr. Erickson. said that the restriction would not prevent Mr. Kiichli from building a house on.Lot 1, less the 44 feet and Lot 2, less the 32 feet, SO long as he does not build on the combination of Lots 1 and 2 until the restrictions expire. burg's motion that the division be tabled indefinitely ~7as seconded by Council- man shaw and carried. Mr. Hoisington recalled that He added.that Mr. Ericlcson had a copy Following considerable discussion, Councilman VanValken- BRAEMAR GUN RANGE BUILDING BIDS CONTINUED to August 17, 1970, by motion of Councilman Johnson, seconded by Councilman Shaw and carried. TAX-EXEMPT PROPERTY AMENDMENT TO THE MINNESOTA CONSTITUTION ENDORSED. Mr. Hyde advised Council-that the League of Minnesota Municipalities has requested Council to endorse an amendment to the Minnesota Constitution, Article IX, Section 1 which will be on the-ballot in the November 3 election. This amend- 8/3/70 5 mentwould change Johnson thereupon the tax-exempt stakus of certain properties. Councilman offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the Village of Edina is by law almost totally dependent on the property tax to finance municipal services; and NHErnAS, the Village Council is acutely aware of the burden which property taxes impose on property owners, particularly those individuals living on fixed incomes; and WHEREAS, the Village Council is concerned about the steady growth in tax- exempt property which serves to increase the burden of taxpaying property owners; and 13€EIiEAS, the Village Council is not unmindful of the valuable services per- - 'formed by many tax-exempt organizations, particularly religious and educa- tional institutions; and WHEREAS, the Minnesota Legislature has thoroughly studied this problem and expressed its concern through the passage of Laws 1969c.925, which p'roposes to amend Article 9, Section 1 of the Minnesota Constitution to permit the Legislature to define or limit the classes of exempt property, except churches, houses of worship and property used solely for educational purposes; and 57J3EREAS, the Village Council believes the proposed amendment to be in the best interests of the Village of Edina and the State as a whole, and repres- ents a reasonable means of meeting the need toplore equitably spread the burden of financing local government sewices while at the same'time avoiding imposing undue financial hardship on educational andrelitious institutions; NOTJ, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina endorses the principles of equitable tax policy and reform exemplified in Amendment No. 1 relating to tax-exempt property and urges its ratification, ~~~-~o~--~Qr~~~~~~~~~~dfSthe"l3eBti~~~~~~ ~~s~E6~d~~~~o~~c~~~~~~n~a X@riz@iz ~~~~~Lrd~~~~~~~~re~w~reI.€our ayes and no nays and the resolution was adopted. .. TJALTFX T. NOONAN REQUEST FOR BUS STOP AT 63RD STREET AND FRANCE AVENUE REFERRED TO TWIN CITY LINES by motion of Councilman Shaw, seconded by Councilman Johnson - and carried. HIGHLANI) IAK3 LEVEL PETITION REFERRED TO ENGINEERING DEPARTMENT. As recom- mended by Efr. Hyde, Councilman Shaw's motion referring a petition requesting the Village to conduct studies and take action to maintain Highland Lake at a minimum level to the Engineering Department was seconded by Councilman Johnson and carried, PUBLXC SERVICE COBMISSION INCREASE IN FARES FOR BLOOMINGTON BUS VHICH SERVES SC"HDALE AREA NOTED.' Being advised by Mr. Hyde that.notification.had been" Peceived from the Public Service Commission of an increase in fares for the Bloomington Bus Company which serves the Southdale area, Councilman Shaw' s motion acknowledging receipt of said hotice was seconded by Councilman Johnson and carried. 'MARK J. BRUER SUIT NOTED. brought against the Village kpsulting from an automobile accident at Grove Street and the fGT.8 S. tracks. have been advised of the action. Mr. Hyde advised Council of a suit which had been The Village Attorney and the insurance company TRAFFIC SAFETY COMNITTEE MINUTES OF JULY 28, 1970, APPROVED. Minutes of the Traffic Safety Committee of July 28, 1970, were approved by motion of Council- man VanValkenburg, seconded by Councilman Johnson and carried; Councilman VanValkenburg then offered the following resolution as recommended by the Traffic Safety Committee and moved its adoption: RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT TO DECREASE SPEED LIMIT ON W. 7STH STREET BETWEEN MI". T.H. #lo0 AND HENNEPIN COUNTY #18 'L- +\ WHEREAS, West 78th Street has a speed limit of 50 miles per hour at the present tine; and WHEREAS, it $S.no longer a state highway, having been turned back to the City of Bloomington and the Village of Edina; and WHEREAS, reconstruction scheduled for 1970 between Bush Lake Road and Cecilia Circle has a designed speed of 30 miles per hour; NOW, THEREFORE, BE IT RESOLVED that the-Village of Edina requests that the Ninnesota Highway Department conduct a survey to determine the desirability of decre9sing the speed limit on IJest 78th Street between T.H. #lo0 and Hennepin County Highway #l8 from 50 to 30 miles per hour. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the resolution was adopted. I 8/3/70 CODIFICATION BIDS APPROVED. codification wbich had been continued from meeting of July 24, 1970. mended by Mr. Hyde, Councilman VanValkenburg's motion awarding bid to Paul Foss Printing & Lithography, Inc.,-at $7,728.25, with no charge for making typesetting alterations, was seconded by Councilman Shaw and carried. Td. 100 PUBLIC HEARING SCHEDULED BY MINNESOTA HIGHWAY DEPARTMENT. Mr. Hyde called Council's attention to a notice of public hearing to be conducted on August 31, 1970, at 8:00 p.m. at Southview Junior High School for discussion of the major design features and the social, economic, and environmental effects of the proposed construction of T.H; 100 between T.H. 494 and Valley View Road. Dr. K. Paul Carson was told that some land remained to be .purchased between the Crosstown*Highway and West 66th Street, As vel1 as land south of W. 66th Street. SEPTEMBER 8; 1970. SET AS COUNCIL.MEETING DATE. date falling on Labor Day, Councilman Shawls motion setting September 8, 1970, for the first meeting in September was seconded by Councilman Johnson and carried. BUDGET CALENDAR PRESENTED by Mr. .Hyde, who noted that by State Statute the budget must be presented at the first Council Meeting in September. Mr. Hyde presented tabulation of bids for ordinance As recom- The gegular Counci3r Meeting P-A-170 PUBLIC HEARING DATE SET. As reconnnended,by Mr, Dunn, Councilman Johnson offered the following resolution setting hearing date for Street Surfacing Improvement No. P-A-170 for August 17, 1970 and moved its adoption: RESOLUTION 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Permanent Street Surfacing P-A-170 described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office*.of the Village Clerk. 2. This Council shall meet on Monday, August 17, 1970, at 7:OO p.m, in the Edina Village Hall, to consider in public hearing the views of all persons interested in said, improvements. 3. place and purpose of said meeting to be published4.n the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to-mail notice to all affected 'propertie's in substantilly the following form: The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) * VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON PERMANENT STREET SURFACING IMPROVEMENT NO. P-A- 170 Edina Village Council will meet at the Edina Village Hall on Monday, August 17, -1970, at 7:OO porn., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by the Village as set forth below: ESTIMATED COST CONSTRUCTION OF PERMANENT STREET SURFACING IN THE FOLLOWING: Chowen Avenue from West 60th Street to West $7,626.64 61st Street The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing (Improvement No. P-A-170) includes Lots 1 thru 5 incl., Edina Bel- Air 2nd Division and Lots 8thru.12 incl., Edina Bel-Air 3rd Division. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. VERNON AVENUE - GRANDVIEW IMPROVEMENTS AGREEMENT WITH HENNEPIN COUNTY CONTINUED. As recommended by PImu Dunn, Councilman Johnson's motion continuing discussion of the agreement with Hennepin County for the Vernon Avenue - Grandview area improvements to August 17; 1970, was seconded by Councilman VanValbnburg and carried. 169-212 CORRIDOR PROPOSAL APPROVED. Mr. Hyde advised that several states, counties and other municipalities had entered into studies having to do with' the relocation of T.H. 212 and 169. in Edina except County Road 18 which is already four lanes past the Industrial This plan has relatively little effect Park. As recommended by Mr. Hyde, Councilman VanValkenburg offered the follow- 8/3/70 . ing resolution and moved its adoption: BE IT RESOLVED that the Edina Village Council hereby accepts the pqoposed cor- ridor report (Trunk Highi!ay 169, 212 and 41) as. submitted by the State of Minnesota Department .- of Highways following tk Corridor Public Nearing held on April 30, 1970, at Eden Prairie High School. Motion for adoption of the resolution was second6d by.Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. RESOLUTION SAKTARY SEWER AGREEMENT NITH ORR-SCHELEN, MAYERON ti 'ASSOCIATES CONTINUED TO August 17, 1970, as recommended by Mr. Dunn, ,Motion to continue the matter was offered by Councilman Johnson, seconded by Councilman VanValkenburg and carried. .-J )fIMNEAPOLIS SEWER SE-E C- -SETTLEMENT TO BE OFFERED. that representatives of the Village.had meg with Minneapdis representatives Mr. Hyde recalled concerning the long standing differences of opinion between the two munici- palities concerning the sewer service charges. presented by the Village to the City of Minneapolis. motion continuing the matter until Minneapolis approves'the compromise proposal was seconded. by Councilman VanValkenburg and cakried . PARBURY PROPERTY GIVEN TO VILLAGE IN EXCHANGE FOR OLD LIBRARY SITE. Bredesen recalled that the matter of the old Library site had been continued from the Council Meeting of July 20, 1970. He said that since that meeting, the First Edina National Bank has proposed to trade the Parbury property located at 4510 W, 45th Street for the old Library property. an infoha1 meeting had been held with members of the Village Council, the Planning Commission .and the Park Board on Friday, July 31, 1970, that the meeting was not for the purpose of making a decision, but that the concensus of opinion was that, if only one site could be saved for park purposes, the Parbury property would be more desirable than the Library site. Dr. K. Paul Carson of the Park Board, asked how the Village could assume the expense of the Parbury property and was told that this woqld be no more costly to main- tain than the proposed Village Green which had been suggested by citizens at the July 20 meeting. Rosland had told her that there would be no difference in the cost of maintain- ing the buffer strip as opposed to the whole Library site. . Dr. and Mrs. Th0mas.M. Wilson, Jr., 4707 Townes Road, Mr. and Mrs. William J. RupperC, 4905 Maple Road, Mrs. Wesley H. Hauck, 5029 Indianola Avenue and Mr. H. L. Hatch, 4702 Townes Road, all spoke against selling the old Library site go the bank. both the Village Green and the Parbury property and that construction of the proposed road would not improve the flow of traffic in the area. -Mr. Hyde referred to the Barton-Aschmann report of 1966 which recommended that the pro- posed road be built. Village will not gain $50,000 from the sale of the Library property because of the cost of the new road. would be paid for by State Aid money, not by Village funds: Mrs. Hauck said that the use. of the Parbury property for park purposes would take additional property off the tax rolls and that long range plans do not call for the Library property to remain a parking lot. fied himself as the author of a flyer which stated that Council had ridiculed the petition of approximately 1900 citizens of Edina and 25 of the area mer- changs who signed in favor of "Save the Green". was made by the Council. Mr. Regis Yunker, 4004 W. 42nd Street, indicated his concern over the flyers circulated at Lunds by the "Save the Green CommitteeP' which stated that Mr. Lund was opposed to saving the Green. He said that the flyers were totally inaccurate and misleading. Mr. Warren Hinze of the First Edina National Bank, expressed resentment of the "Save the Green" flyers which had also been circulated at the bank. able persons being drawn to the park and suggested that such a park on the old Library site was probably not necessary with TJooddale Park being so close. Mr. George Kruse said that he was reluctant to sign an agreement deeding fifty feet to abutting property owners and that he did not know how Mr. Lund felt about the matter. in adequate parking in the area and that he did not know*why Maple Road residents should receive 50 feet of land at no cost. Mr.Roy Clancy of Clancy Drug, Mr. John Livdahl of Country Club Hardware, and Dr. Miles Hirschey, 5101 Gorgas Avenue, spoke in favor of the additional parking facilities whhh would be available if the property were developed as proposed by the bank. J, Manchak, of the First Edina National BaAk, explained that the bank provides two hour parking in its present parking lot which is used by customers of other businesses in the area and that the bank has no definite plans for future development. A proposed settlement has been Councilman Johnson's Mayor He advised that . ' Mrs. Gerald Nisula, 4815 Maple Road, said that Mr. Mr. and Mrs. Nisula, They contended that the Village should be able to afford It was noted for Fhe record by Dr, Wilson that the He was told by Mayor Bredesen that the road A gentleman in the audience identi- Denial of this allegation He mentioned the possibility of undesir- = He said that as a business man, he would be interested Mr. J. In reply to a question of Mrs. Wilson, Mayor Bredesen recalled 8/3/70 that some time ago he was instrumental in keeping an automobile agency and Powers Department Store from purchasing the property on which the bank is presently located. property, that the bank is an important part of the business community and that the business community is very important to the Village. audience who said that she lives West of T.H. 100, expressed concern about the loss of trees on the Southeast corner of the intersection of T.H. 100 and W. 50th Street. more cars at the expense of losing trees. Ruppert, it was noted that the bank had acquired title to the Parbury property 4924 Maple Road, Mayor Bredesen reiterated that the Village had created the buffer strip for the neighbors at the time the Library site was originally acquired. Mr. Hosmer Brown said that the Library property is twelve feet above grade and that before it could be lowered for use as a Village Green, the trees on the property would have to be removed. bank could keep the front part of the area green and useathe back part as they wished for parking. Mr. W. D. Bynell, 4915 Maple Road, said that abutting property owners do not want a park on the buffer. has no right to expand at the expense of a well maintained area and that those in the surrounding area should be considered. the record show that the Village has en excess of 1,100 acres in park property with an investment cost of almost $3,000,000 and perhaps a current market value of several million dollars more than that. He said also that the inference that the Village is not interested in trees and parks is not true. Mr. William Lewis, member of the Park Board, said that from a long range standpoint, it was his opinion that the Parbury property would be far more desirable as a park than the area in question and that the Village would be making a serious mistake not to make the trade proposed by the bank. .ing considerable discussion, Councilman Johnson said that he was of the opinion that the Village can achieve a number of things by exchanging the Library site property for the Parbury site in accordance with the agreement made by Mr. Hinze and Mr. Manchek, provided that Council's action would be conditioned upon the .joinder of Lund Kruse and the-quit claim deed fo the fifty foot buffer to the residents abutting the property on the East side of Maple Road. He added that he thinks that action,would I) achieve the essential purposes of the 'ISave, the Green Committee"; 2) would .achieve the purpose .of providing the buffer zone between the commercial and residential areas; 3) would achieve the purpose of the proponents of a cultural and/or artcraft center about which possibility he was greatly enthused; 4) would assist the merchants in the 50th and France area from the standpoint principally of egress and ingress and from the standpoint of parking as well; and25) that it fits in with the overall development of the property which Council had previously considered. He then moved approval &ti pMnciple of the agreement with the First Edina National Bank to exchange the Library site property for the Parbury site with the condition precedent that the quit claim deed of Lund Kruse be obtained and that the abutting property owners be conveyed the fifty foot buffer strip. Village Attorney Erickson said that he would prefer, as a tecbn5Cal legal matter, that no specific acts or conditions were precedent be stated except merely to recite' that the exchange agreement be subject to obtaining the necessary releases So that the Village is in a posttion to convey the property. -The amendment was accepted by Councilman Johnson. was seconded by Councilman VanValkenburg, whereupon Mrs. George Wedmeier said that she and her husband are prepared to withdraw their signatures from the waiver which they signed and that two other people are prepared to do like- wise. not they were in a pQsition to withdraw their names. and there were four ayes and no nays with Councilman Shaw stating that he reluctantly voted "aye". member of the same holding company as the First Edina National Bank, that he also recognized the need for additional parking and the deficiency in park land in North Edina and that he was sure that the street configuration would alleviate traffic problems to some extent. He added that the site is not desirable for residential A lady in the She suggested that it was not wise to make provision for In response to a question of Mr. -within the past few weeks. In response to a question of Mr; George Wemeier, He suggested that the Mr. Wilson said that commerce Councilman Johnson asked that Follow- U - Motion Mayor Bredesen said that the Courts might have to decide whether or Rollcall was then taken He said that he is an officer of a bank but not a GEORGE J. NUGENT RECOGNIZED UPON RESIGNATION FROM PLANNING COMMISSION, opon being advised of the resignittion of Mr. George J. Nugent from the Planning Commission,'Councilman Johnson offered the following resolution and moved its adopt ion : RESOLUTION OF APPRECIATION WHEREAS, George J. Nugent was appointed a member of the Planning Commission of the Village of Edina,-Minnesota,- on September 10, 1962, and then on February 4, 1970, was elected by his fellow Commissioners to serve as Chairman Pro Tem; and 8/3/70 WHERF,AS, George J. Nugent was appo,atel to the Edina Board of Appeals and Adjustments as a representative of the Planning Commission on March 21, 1966, and served as Vice Chairman of that Board until his resignation from the Com- mission on June 3, 1970; and WHEREAS, George J. Nugent has served continuously and v3gosously since his appointment to the Planning Commission and has been one of $,ts?most interested and dedicated members; and ._ WHEREAS, George J. Nugent has been a-leader in formulating policy for the Village, has served the citizens of Edina with distinction and hds given generously of his.time and talents for the welfare of the community and in so doing has deservedly won the high respect and sincere gratitude of those who have served with him on'Tthe Planning Commission, the Village Council and all of the citizens of Edina; NOW, THEREFORE, BE IT RESOLVED that the members of the Edina Village Council and the Planning Commission on this third day of August, 1970, express sincere regret that GEORGE J. NUGENT has found it necessary to resign from the Plan- ning Commission after eight years of dedicated service to the Village of Edina, and the members desire to publicly acknowledge their high personal regard for George J. Nugent and wish him the best of luck in his new position and comity, and as evidence thereof the Village Council places this resolu- tion in the Ninutes of August 3, 1970, and the Planning Commission places this resolution in the minutes of the meeting held August 5, 1970, and respectfully request that a copy of it be presented to our good friend, George J. Nugent. Motion for adoption of the resolution was seconded by Councilman VanValkenburg and carried. REDUCTION IN COLLATERAL PLEDGED BY FIRST SOUTHDALE NATIONAL BANK APPROVED. First Southdale National Bank's request for reduction of collateral from ~ $300,000 .OO to $295,000.00 in collateral pledged for Edina deposits was' noted. As recommended by-Mr. Dalen, Councilman VanValkenburg offered the following resolution and moved its adoption: BE IT RESOLVED that the Treasurer be allowed to release to First Southdale National Bank the following securities pledged as collateral for Edina deposits: $5,000 .OO . RESOLUTION 3t. Ind. Cons. Sch. Dist. #39 Ramsey Co. & #lo3 Washington Co., Minn. Sch. Bldg. Bond, 3.10%, due 2/1/83 Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. TREASURER'S REPORT as of June 30, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Council- man Shaw and carried. LIQUOR REPORT as of June 30, 1970, was presented by Mr. Dalen; reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried. CLAIMS PAID. claims as per Pre-List was seconded by Councilman Johnson and carried: Fund, $24,067.13; Construction Fund, $235,548.98; Parks, Park Construction, Swimming, Arena, Golf, $47,345.03; Water Fund, $2,,228.97; Liquor Fund, $39,019.86; Sewer Fund, $4,725.26; Total, $352,935.23; and for confirmation of payment of the following claims: Councilman VanValkenburg's motion for payment of the following General 7/23/70 Jerry's of Edina $ 736,35 Various Funds - 7/23/70 Northern States Power ' 8,983.96 Various *Funds 7/23/70 Commissioner of Taxation 9,820.87 Various Funds 7/23/70 Treasurer, City of Minneapolis 2,231.50 'Water Fund . 7/27/70 Crest Real Estate & Development 5,000.00 General Find I . 7/29/70 Harry J. & Dorothy Carrington 4,300.00 Park Const. 9/27/70 Dorsey, Marquardt et a1 500.00 IBR No further business appearing, Councilman Johnson's motion for adjournment vas seconded by Councilman VanValkenburg and carried. Adjournment, af 10:56 p.m. Uf Village Clerk