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HomeMy WebLinkAbout19710222_regular80 .. EENUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON . I MONDAY, FEBRUARY 22, ~ 1971 - Members' answering rollcall were Councilmen Courtney, Johnson, Shaw , VanValkenburg . and Hayor Bredesen. MINUTES of January 18 and February 1, 1971, were approved as submitted by motion of Councilman Johnson, seconded by Councilman VanValkenburg and carried. FIRENEN PHILLIP L. BACON AND KENNETH D. NELSON COMMENDED. Certificates of completion of a correspondence course in Supervisory Methods in Municipal Admin- istration which was conducted by the International City Management Association were presented to Firemen Phillip L. Bacon and Kenneth I>. Nelson. offered his congratulations, noting that this is an example of the endeavors of many Village employees to provide taxpayers with better service. PUBLIC HEARINGS CONDUCTED ON VARIOUS INPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN Mayor Bredesen . THE FOLLOWING: (P-BA-180) Schaefer Road from Interlachen Road to South line of Westwood Court Addition Extended GONSTRUCTION OF 1;IATERMAIN IMPROVEMENT NO. P-WM-265 AND APPURTENANCES IN THE FOLLOWING : Schaefer Road from the South line of Vestwood Gourt Addition extended to 1880' t Northerly CONSTRUCTION OF STO?.?M SEWER IMPROVEbSEXC NO. P-ST.S.-126 AND APPURTENANCES IN THE FOLLOWING: Schaefer Road from 1050.Feet 2 South of Interlachen Road Northerly to Mirror Lake Road B. C. The tihree hearings above were conducted simultaneously. Referring to several previous hearings for the area which had been turned down, Mr. Hyde Bdvisea fhat numerou? verbal and written complaints have been received by the Village con- cerning the condition of Schaefer Road and that,in the opinion of the Engineer- ingpepartment, necessary watermain and storm sewer should be installed in Schaefer Road before the permanent street surfacing is constructed. sented total estimated cost of the proposed street improvement at $56,175.11, at an estimated rate of an assessment of $11.63 per foot of assessable street frontage. watermain at $28,847.50, proposed to be assessed at an estimated $2,219.04 for thirteen assessable connections, Total estimated project cost for the proposed storm sewer was given by Mr. Hyde at $17,854.20, proposed to be assessed against 388,850 assessable square feet at an estimated cost of $0.046 per assessable square foot. EoJlming Nr, DUM'S explanation of the proposal which would drain water to,the two most northerly ponds on Schaefer Road, Mayor Bredesen suggested the possibility of diverting some of the drainage water to the pond on Mr, Hans Skalle's property at 5021 kidge Road. Mr. Skalle said that he hadebought his property for the pond and that the storm sewer as proposed would empty the pond, which was practically empty in the summer of 1970. Mr. Maurice L. Baker, 5200 Schaefer Road, said that the porm sewer could be installed at less expense by running a tile between the Dalquist and Young properties. 5012 Schaefer Road, was told by Mr. Hyde that Schaefer Road properties had been assessed only for work done and never for permanent street surfacing. assured that the street surfacing would not be installed until the street improve- ment was constructed. Mr. Hyde, in response to objections to the storm sewer, said that whenever the Schaefer or Phillippi properties were developed, the storm water run-off would increase. Schaefer, 5117 Schaefer Road, said that Mrs. Schaefer has no present intention of developing her property. sive proposal, without curb and gutter, and with a wider assessment since only the Westwood Court residents were objecting to the condition of the Zoad. Bredesen pointed out that all other Edina residents had paid for their street improvements and that everyone within a storm sewer drainage district would be assessed. tlr. Don J, McGlynn, 6301 Westwood Court, said noone on Westwood Court wanted Village watermain. Mr. Hyde noted that the proposed assessment is for only one-third of the Schaefer Road frontage of the four lots on Vest- wood Court and not for watermain or storm sewer. At a later date when watermain is extended down Westwood Court, property owners would then be assessed their share of the proposed watermain. Dr. John Kyllo, 5201 Schaefer Road, was told that his suggestions for the pond on his property would be considered when the new storm sewer proposal is brought to hearing. In response to the contention I He pre- Mr. Hyde presented total estimated construction cost of the proposed .. Mr. nakk Dalquist, He was An attorney representing Mrs. Ruth M. He suggested that Council consider a less expen- Mayor I 2/22/71 that a storm sewer is not necessary, Mayor Bredesen pointed out that the Engineers believe that there is a problem and that later installation would mean ripping up and patching a good street. Following considerable dCscus- sion, Councilman Johnson's motion authorizing installation of the proposed watermain and street improvement without curb and ,gutter, with the understand- ing that some storm sewer would be apbhorized before the watermain or street improvement are constructed, was seconded. by Counci'lman Courtney'and carried. (See Resolution Ordering Improvements later in Minutes .) D. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT P-SS-296 AND STREET,REPUCEMEk IN THE FOLLOWING : Mark Terrace Drive from Valley View Road to Mark Terrace Circle CONSTRUCTION OF WATERMAIN IMPROVZMENT P-EM-264 AND APPURTENANCES IN T€E FOLLOWING : Mark Terrace Drive frDm Valle; View Road to Mark Terrace Circle E. Public hearings.dn improvements listed under D and E above were heard concur- rently. Mr. Hyde recalled that these improvements had been before Council previhusly as part of an area wide project, at which time it had'been deleted from the improvement. He noted that this hearing has been called because - septic tank pumping records maintained by the Health Departgent indicate that the incidence of pumping at certain properties on Mark Terrace Drive is increasing to a point wGere it ppears that sanitary sewer service should be tion of the sanitary sewer, watermain is proposed at the same time. He pre- sented total estimated.cost for the sanitary sewer at $26,480.37, proposed a to be assessed against twelve assessable lots at $2,206.70 per lot. Total 1 estimated construction cost for the watermain .w.as given at $8,801.97, pro- posed to be assessed against twelve lots at_ an estimated cost of $733.50-per assessable lot. Mr. IJilliam S. Fredendall,-6917 Mark Terrace Drive, urged that Council take positive action on both improvements; Mr. George Babcock,- 6916 Mark Terrace Drive, noted that the cost of the improvements as proposed, including street repair, is considerably 1ower.than the original proposal. In reply to a request that the projects be assessed over a tweqty year period, it was pointed out that this 'assessment term will be considered at the assess- ment hearing. then seconded by Councilman Shaw and carried. ment later in Minutes.) F. CONSTRUCTION OF WATERMAIN IMPROVEMENT P-WM-266 AND APPURTENANCES IN THE made available and that since t E: e street will be disturbed by the insfalla- Councilman Johnson's motion authorizing the improvements'was (See Resolution Ordering Improve- FOLLOljING : Cascade Lane Laura Ave. from Cascade Lane to Moore Ave. Moore Ave. from Laura Ave. to North Ave. North Ave. from 150 feet South of Moore Ave. to W. 44th Street W. 44th Street from North Ave. to Thielen Ave. Mr. Hyde presented total estimated project cost at $37,770.33, proposed topbe assessed against 26 assessable lots at an estimated cost of $1,452.71 per lot. Mrs. Elizabeth Skelly, 4425 North Ave., was told by Mr. Dunn that Cascade Lane has a thirty foot right-of-way and that every attempt will be made to save the trees on the street. by Councilman VanValkenburg and carried authorizing the improvement. (See Resolution Ordering Improvement later in Minutes.) Councilman Courtney's motion was then seconded G. CQNSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLL&JING : (P-BG378) Hyde Park Drive from Dewey Hill Road to 450' 3- South Hyde Park Circle from Hyde Park Drive Vest to cul-de-sac Mr. Hyde noted that sewer and water had been installed by. Developer's Agreement and presented total estimated construction cost of the proposed street improve- ment at $12,250.73, proposed to be assessed against an estimated 1,107.34 feet at an estimated cost of. $11.06 per assessable foot. No objections being heard, Councilman VanValkenburg's motion authorizing the improvement was seconded by Councilman Courtney and carried. in Minutes.) ' ' H. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN 1 (See Resolution Ordering Improvement later THE FOLLOVING: (P-BA-179) Aspen Road from the West line of-Gleason Fourth Addition Easterly to cul-de-sac Mr. Hyde presented total estimated project cost at $10,056.47, proposed to be assessed against 578.30 estimated assessable feet at an estimated cost of $17.39 per foot. authorizing the improvement was seconded by Councilman Courtney and carried. I. Noting that Jqy Place is a semi-private alley, Mr. Hyde presented total esti- mated construction cgg E..ZL~ $$,461.13, proposed to be assessed against 342.79 estimated feet at a/cos& 0% He added that the hearing is being held as a result of a petition.requesting the improvement. i No objections were heard, whereupon Councilman Shaw's motion CONSTRUCTION OF PERMANENT .STREET IMPROVEMENT P-A-171 IN THE FOLLOI.JING: Jay Place from Vest 50th Street to 330' 2 South 7.26 'per assessable foot. 2/22/71 c -_ No objections were heard, whereupon Councilman Courtney's motion was seconded by Councilman VanValkenburg and carried authorizing the improvement. Resolution Ordering Improvement later in Minutes.) J. (See CONSTRUCTION OF STORM SEWER IMPROVEMENT P;ST.S.-127 IN THE FOUOIJIhY;: Easement in back lots of Block 8, LaBuena Vista from Brook Drive to 500' f- North .Upon-being advised that the signers of the petition for the storm sewer had requested that the project be dropped, Councilman the project was seconded by Councilman Courtney.and carried. Valkenburg then offered the following resolution 'and moved its adoption: Johnson's motion abandoning Councilman Van RESOLUTION ORDERING PERMANENT STREET IMPROVEMENTS I NOS. BA-180, BA-178, BA-179, A-171 WATERMAIN IMPROVEIIENTS NOS.265, 264, PlND 266 SANITARY SEWER IMPROVEMENT 296 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 to owners of each parcel within the area proposed to be assessed on the following -. proposed improvements : 1. 2. 3. 4. 5. 6. 7. a. CONSTRUCTION OF STREET INPROVEPENT BA-180 IN Schaefer Road from Interlachen Road to South Addition extended CONSTRUCTION OF WATERMAIN IEPROVEElENT WM-265 IRG : Schaefer Road from Interlachen Road to South Addition extended THE FOLLOVIRG : line of 'Nestwood Court AND APPURTENANCES IN THE FOLLOfJ- line of Westwood Court CONSTRUCTION OF SANITARY SEtER SS-296 AND APPURTENANCES IN THE FOLLOWIhG: Mark Terrace Drive from Valley View Road to Mark Terrace Circle CONSTRUCTION OF 'IIATEREIAIN IJM-264 AND APPURTENANCES IN THE ~FOLLO~lIhG : Nark Terrace Drive from Valley View Road to Nark Terrace Circle CONSTRUCTION OF WATERMAIN IJM-266 AND APPURTENANCES IN THE FOLLOIKIXG : Cascade Lane Laura Ave. from Cascade Lane to Moore Ave. Moore Ave. from Laura Ave. to North Ave. North Ave. from 150 feet South of Moore Ave. to W. 44th St, W. 44th Street from North Ave. to Thielen Ave. CONSTRUCTION OF PERMANENT STREET IMPROVEMENT AND CONCRETE CURB AND GUTTER BA-178 IN THE FOLLOWING : Hyde Park Drive from Dewey Hill Road to-450' South Hyde Park Circle from Hyde Park Drive Vest to cul-de-sac CONSTRUCTION OF PERIIANENT STREET IMPROVEMENT AND CONCRETE CURB AND GUTTER BA-179 IN THE FOLLOWING: Aspen Road from the West line of Gleason Fourth Addition Easterly to cul-de-sac CONSTRUCTION OF PERMANENT STREET SURFACING A-171 IN THE FOLLOWING: I Jay Place from West 50th Street to 330' rf: South and at the hearing 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 improvements, except that Street Improvement BA-180 is to be installed without curb and gutter, including all 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 improve- ments are hereby designated and shall be referred to in all subsequent proceed- ings as follows: No. 1 Above STREET IMPROVEMENT BA-180 No. 2 Above 'I7ATERMAT.N IMj?ROVEMEi?R WM-265 No. 3 Above SANITARY SEWER INPROVEMENT SS-296 No, 4 Above 'NATERINlN IEPROVEMENT I?M-264 No. 5 Above WATERMAIN INPROVEMENT WMG266 No. 6 Above STREET 0 IMPROVEBBNT BA- 17 8 No, 7 Above STREET IMPROVIDENT BA-3.79 NO. 8 Above STREET IMPROVEMENT A- 17 1 and the area to be specially assessed therefor for- Street Improvement BA-180 shall include Lots 1 and 8, Block 1, Westwood Court Addition, Lots 1 and 4, Block 2, Westwood Court Addition, Lots 11 thru 16 inclusive, and lots 19 thru 27 inclusive, Auditor's.Sulidivision No. 325, Lots 4 and 5, Block 1, Harold Woods Addition, Lots 1 and 2, Block 1, Harold %700dS 2nd Addition and Lot 1,' Block 1, Harold Woods 3rd Addition; the area tp be specially assessed therefor for %latermain Improvement 265 shall include Lots 11 thru 16 inclusive and Lots 19 thru 24 inclusive, Auditor's Subdivision No. 325; the area proposed to be specially assessed for Sanitary Sewer Improvement 296 above shall include Lots 1 thru 6 inclusive, Block 1, Lots 3 thru 7 inclusive, Bloclc 2, Pioneer Oaks, and Lot 2, Block 1, Meret Ridge; the area to be specially assessed therefor for Tjatermain 264 shall include Lots 1 thru 6 inclusive, Bloclc 1 and Lots i3 thru 7 I I I I I I I ! 1 I I ! i I I j i I I i I I I I I 1 i I i' ! I ! ~ I ! ~ ~ ! 1 1 I i I I I I I i I I I I i I I I ! i 2/22)7 1 8.3' '. Pioneer Oaks inclusive,, Bloclc 2/and Lot 2, Block 1, Meret Ridge; the area proposed to be specially assessed for Watermain Improvement 266 above 'includes Lbts 1 thru 8 inclusive, Cascade Falls, Lot 2, Block 3, Arden Park 3rd Addition, Lots..2 bzhhtl7, incluS2ve; AudiEor's Subdivision No. 259; the.area to be specially assessed for StreetlImprovement BA-178 above shall include Lot 1, Block 1, Lots 17 thru 22 inclusive, Block 1, Hyde Park, and Parcel 5800, Sec.8. T. *116;-R. 21; the area proposed to be specially assessed for Street Improvement BA-179 above includes Lots 1 and 2, BlocK I, .Lots 1 and 2, Block 2, Gleason Fourth Addition, Lot 5, Block 1, G3eason Third Addition, and Outlot "A", Gleasoh Third Addition; the area droposed to be assessed for Street Improve- ment A-171 above shall include Lots 3, 4 and 5, Block 2, Stdvens 1st Addition to Minneapolis, Lots 3 and 4, Block 5, Glenview Addition,, Lots 1 thru 6, inclusive, Bzack 3, Brucewood Addition. Motion 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. Following the adoption of the resolution unidentified residents in the audience were told that fhe State Highway Department would pay for street surfacing on all of Laura Avenue and that pumping done in connection with the improvement would not affect wells in the area that are not already in trouble. the-improyement is constructed to try to improve the gradand the widtrh of North Ave. Mr. Dunn said that an attemptsewould be made at the time that PARCELS 2600, 3000 AND 4600, SEC. 8, T. 116, R. 21 R-3 MULTIPLE RESIDENCE DISTRICT ZONING RESI€CRG will be held on March 15, 1971, because of an error in the legal notices. I- MOTOR STREET VACATION DROPPED. T. Mareck, 5101 W. 44th Street, and Arthur C. 'Eggert, 5107 W. 44th Street, expressing opposition to the vacation of Motor street which had been continued from the Council Meeting of January 18, 1971. As recommended by Mr. Hyde, Councilman Johnson's motion that the vacation be dropped was seconded by Councilman Courtney and carried. LOT 11, BLOCK 1, CHAPEL HI& DIVISION APPROVED. presented by Clerk, sapproved as to form and ordered placed on file. Mr. West presented the request for the division of Lot '11, Block 1, Chapel Hill, located on the corner of Chapel Cane and Chapel Drive, noting that Planning Commission had reconpended approval. Councilman Johnson noted for the record that the proponent has agreed to remodel the house which already exists on the lot so that it will face South. Mr.'Thomas M. Robbins, the owner of the lot, agreed that when a house is .built on the Northerly half of the lot, it will face West. ing resolution and moved its adoption: Mr. Hyde presented letters from Messrs. Waldo Affidavits. of Notice were , Councilman VanValkenburg then offered the follow- RESOLUTION WHEREAS, Lot 11, Block 1, Chappel Hill, is at present a single tract of land; and WHEREAS, the owner has requested the subdivision of said tract-into separate parcels (herein called "Parcels") described as fol.lows : The North 100 feet of Lot 11, Block 1, Chapel Hill; and Lot 11, Block 1, Chapel Hill, except the North 100 feet thereof; and WEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hard- ship and said Parcels as separate tracts of land do not interfere with the prupases of the Subdivision and Zoning Regulations as contained in the Via= NOW, THEREFORE, BE IT RESOLVED by 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. Sll and Ordinance No. 801 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. 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. I.IORKIBN' S COMPENSATION XNSURANCE AWARDED TO EMPLOYERS MUTUAL OF I;IAUSp;U. lage of Edina Ordinance Nos. 811 and 801; .a Mr. Hyde presented tabulation of eight bids received in answer to "Adver- tisement for Bids in the Edina Sun on JanuaryZL, 1971. As recommended by Mr. Dalen, Councilman Courtney's motion was seconded by Councilman Shaw and 9. 2/22/71 carried awarding bid to Employers Insurance of Wausau for Retro Plan Dwitb 100% of Standard premium on an annual basis, for the next three years. GM"E HALL BIDS LET. resDonse to Advertisement for Bids in the Edina Sun on January 21 and 28 and. Hr. Hyde presented tabulation of' bids received in in the Construction Bulletin on February 12, 1971. Tabulation showed Fred Vogt & Company low bidder for Mechanical Thrk (Base Bid 'A") at $3,860.00. Bid of C. 0. Carlson was given at $4,370, Boulevard Sheet Metal and Heating at $4,615, Burniece's Division of Commercial Air at $4,790.00 with a high bid of $11,500.00 fromlilhelan Co,, Inc. Tabulation for Electrical 'I.Jork (Base Bid "B") for restoration of the Grange Hall showed-Hoffman Electric low bidder at $2,458.00, Edina Electric at $2,860.00, Batzli Electric at $2,940.00, with Electric Repair & Construction high bidder at $4,778.00. Councilman Shaw's motion awarding bid to recommended bidd'ers, Fred Vogt & Company and Hoffman Electric, was seconded by Councilman Johnson and carried. 2, 4-D GRANULE BID AIJARDED. llr. Hyde presented tabulation of two bids received in response to Advertisement for Bids in the Edina Sun on February 4 and in the Construction Bulletin on February 4 and 11, 1971. Tabulation showed Barzen of Minneapolis, Inc., low bidder for 400 bags af $10.74 per bag,* with Lyon ChemA icals, Inc. bidding $11.16 per bag for 400 bags of 2,4-D Granules needed by the Park Department. Councilman Shaw's motion for award to recommended low bidder, Barzen of Blinneapolis, Inc., was seconded by Councilman Courtney and carried. OLSON-HANSEN PROPOSAL FOR R-4 ZONING REFE&D TO PLANNING COMMISSION.. llr. Vest presented a letter, signed by Messrs. Harvey Hansen and Douglas J. Olson, requesting that the Chuncil set a'hearing date for March 15 for R-4 zoning for a te-n acre site located at 7200. Cahill Road. sion has no objections to the proposal, but feels that it cannot give its. approval because the Southwest Edina Plan, as presented by Planning Commissi<n on January 18, 1971, was rejected by the Council. Mr..lest added that it will be two-or three months before the new'planner is prepared with an amended plan for Southwest Edina. in a difficult spot because it does not know just what the Council wants in Southwest Edina. ments to be initiated by the Council' or by petition of the owners, but i.f it comes from either of those sources, it cannot be acted upon by the Council until it has been referred to the Planning agency and a study and report given by them. If this rnaFter has not been acted upon, or if a report has not been \given within sixty days after referral, the Council can then act on the matter. Councilman Courtney's motion referring the request to the Planning Commission was then seconded by Councilman Johnson and carried. Mayor Bredesen zecaXlea.?*: kttending-dn h€orinah.m&e&ig At*.r?hich-he believed there was concurrence on the proposed zoning by the residents, by the Planning Commission and by the Council. He reiterated his position that the Southwest-Edina Plan as proposed by the Planning Commission was in error to the extent that it permitted warehousing on the West side of Cahill Road which would encroach on the residential area. Mr. Harvey Hansen asked to go on record that the Olsen-Hansen Proposal would be a good example for property to the South. .said that he represents a group of homeowners who have been working on this plan for the past year, and that his group look at the Olsen-Hansen Proposal as better than warehouses, but that they consider that the, requesting zoning would have too high a density. they would like to present to the Planning Commission. 70th Street, and was reminded by Mayor Bredesen khat the Southwest Edina Plan is only a plan and can be changed at any time: Councilman VanValkenburg then moved that the Council and Planning Commission meet togethefr and that the neighborhood group also meet. Notion was seconded by Councilman Johnson and carried. . was noted that Planning Commis- Mr. Courtney spggested that the Planning Commission is Village Aqtorney Ericlcson said that the Statute allows amend- Mr. Frank Dean, 5716 Dewejr Hill Road, He added that his group now has certain ideas that Mr. Frawley, 5604 37. suggested a joint meeting of the Council and Planning Commission EDINA C0"ITY LUTHERAN CHURCH DONATION FOR $100 ACCEPTED. Council's attention to a check in the amount of $100 which had been received, for the third consecutive year, from Edina Community Lutheran Church which was submitted as a token of good will and in appreciation of fire and police pro- tection. Councilman Johnson's motion thanking 'Edina Community Lutheran Church for their thoughtful gesture was seconded by Councilman Shaw and carried. Mr. Hyde called EZPJNEPIN COUNTY REIMBURSEMENT FOR COUNTY ELECTION NOTED, - Nr. Hyde called Council's attention to a letter from the Hennepin Cowxty Board of Commissioners, whhh mentioned the possibility that the County would reimburse municipalities for election expense when the special election is a purely county matter. Mr. Hyde noted that this letter has been the only communication received by the Village in response to Edina's opposition to the new General Hospital Referendum. .. , ~ 2/22/71 I I I Shaw and carried. \ The matter was tabled by motion 0.f Councilman Johnson, seconded by Councilman -.I COUNTY ROAD 18 - CROSSTOWN HIGHWAY FRONTAGE ROAD PLANS RE'FERRED BACK TO PLANNING I i I i 1 1 ~ I I I 1 I I i I I I I I I i i I i 1: i 1 ! i I i i I 1 I I I I I i I I ! ~ i I i ~ , I I j j 1 ! , j j I j. COMMISSION. of Brauer and Associates for a detached frontage goad plan for the County Road 3.8 - Crosstown Highway. Attention was called to a letter from Lindquist & Vennum, attorneys for Fabri-Tek, objecting to the plans and requesting approval of an attached frontage'road as originally planned. Mr. Dunn said that the Village has already approved Hennepin County's plan for an attached frontage road and that he did not believe that the Copnty would pay for a detached frontage road. Following sone discussion, Councilman Johnson's motion referring the letter of Lindquist & Vennum to the Planning Commission was seconded by Councilma3 Shaw and carried. Mr. Tqest recalled that Planning Commission had approved the request DATA INVESTMENT CORPORATION GRANTED PRELIMINARY SITE PLAN APPROVAL FOR WILLIAM J. OLSON PROPFRTY. Mr. Ralph Wagner, irepresedting Data Investment Corporation, presented preliminary site plan approval for the William J. Olson property so that they can begin their site preparation. Dunn that various stipulations that were involved in the agreement with the Olsen people had been met with regard to building elevations, but that the Nine Mile Creek Watershed District had not yet granted approval. Following some discussion, Councilman Johnson offered the following resolution and moved its adoption: BE IT RESOLVED that preliminary site plan approval be granted the William J. Olson property located North of the Crosstown High-, East of Mud 'Lake, South of W. 62nd Street and Uest of the.PemTom property. , Motion for adoption of the resolution was seconded by Councilman Shaw and carried. It was noted by MP. RESOLUTION. HEAaNG DATES SET FOR VARIOUS PLANNING COMMISSION MATTERS. As recommended by Mr. West, Councilman Johnson's 'motion was seconded,by Councilman Courtney and carried, setting March 15 as hearing date for theafollowing zoning matters: (1) (2) (3) Thomas Brown - R-1 Residential District to R-2 Mpltiple Residence District Lots, 13, 14 and 15, Block 7, Brookside Heights Jeffrey Gustafson - R-1 Residential District' to R-2 Multiple Residence District - Lot 3, Block 1, Clifton Terrace George Ablah (Oscar Roberts Property) R-1,Residence District to R-2 and R-4 Residence District and 0-1 'Office Building District; and March 1;1971, was set.as hearing date for Preliminary Plat of Oscar Roberts 'First Addition. ORDINANCE NO. 811-A2 ADOPTED. 261-215 before codification) for purposes of correcting erroneous references in the original'ordinance. ordinance for'First Reading, with waiver of Second Reading, and moved its adoption : Mr. Hyde presented Ordinance No. 811nA2 (No. Councilman Johnson thereupon offered the following ORDINANCE NO. 81L-AZ AN ORDINANCE &lENDING.THE ZONING ORDINANCE. (NO. 811) BY ADDING TO Tm MULTIPLE RESIDENCE DISTRICT Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the Vil- "The extent of the Multiple Residence District is enlarged by the THE VILLAGE COUNCIL OF TKE VILLAGE OF EDINA, MINNESOTA, ORDAINS: lage is amended by adding the following thereto: addition of the following properties : Lot 1, Block 1, Killarney Shores Addition, which is in subdistrict R-2.'' Sec, 2. Ordinance No. 261-215 is repealed. Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the on rollcall there were ATTEST: W6'/ d' Village Clerk ORDINANCE NO. 811-3 ADOPTED. Mr. Hyde presented Ordinance No. 811-A3 for the purpose of correcting erroneous references in the original ordinance, whereupon Councilman Johnson offered Ordinance No. 811-A3 and moved its adoption with waiver of Second Reading as follows: 2/22/7 1 ORDINANCE NO. 811LA3' AN ORDINANCE 4WENDIhV; TJB ZONING ORDINANCE (NO. 811) BY ADDING TO THE OFFICE BUILDING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: Section 1. Paragraph 1 of Section 8 or Ordinance No. 811 of the Village is- of- the "The extent of the Office Building Districf. is enlarged by the addition following properties: All that part of the Nortlh 955.5 feet of the East 23.36 acres of Govern- ment Lot 2, Section 9, Township 116, Range 21, lying West of the State' Highway -No. 100, Hennepin County, Minnesota; _which is in subdistrict 0-2. The South 10 rods of Lot 1, except State Highway, Section 9, Township 116, Range 21, according to the government suwey thereof lying East of the center line of Nine Mile Creek; which is in subdistrict 0-2. The South 599.75 feet of the.East 20 acres-of that part of Government Lot 1, Section 9, Township 116, Range.21,.lying between the South 165 feet thereof and the centerline of the road known as Cahill Road or Vest 70th Street, according to the government survey thereof, except that part taken from Highway 100; which is in Subdistrict 0-2. Section 9, Township 116, Range 21, Hennepin County, Minnesota; Lots - 19, 20, 21 and 22, Block 1.. Edina Intercliange Center Third Addition; which 2s in subdistrict 0-2. Section 9, Township 116, Range 21, Hennepin County, IEnnesota; Lots 1, 2 and 3, Block 6, Edina Xnterchange C-enter; Outlot A, Edina Interchange Center Third Addition; which is in subdistrict 0-2. Sec. 2. 1 - Ordinance No. 811-3, as finally enacted onJanuary 18, 1971, is repealed Sec. 3. This ordinance shall be in full force and effect upon its pass- Councilman Courtney and on " age and publication. , Hotion for adoption of the ordinance wa rollcall there were'five ayes and no n ATTEST : Nayor Oh4-a- b. Y&_eea,,. *- I Village Clerlc - ORDINANCE NO. 811-AG ADOPTED. offered Ordinance No. 811-A4 for Firs't Reading with waiver of Second Reading and moved its adoption as follows for the purpose of correcting the ordinance: As recommended by llr. Hyde, Councilman Johnson AN ORDINANCE AMENDIhG THE ZONING ORDINANCE (NO. 811) BY DELETIhU; USgS BY*-SPECIAL PERMIT * IN THE OFFICE BUILDING DISTRICT AND BY ADDING * A DEFINITION OF "LODGE" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, EENNESOTA, ORDAINS: Section 1. Repealer. Sec. 2. Definition of "Lodgect. Section 11 (Definitions) of Ordinance "'Lodge' --A hall or meeting place of a local branc.1 or the members Subparagraph (c) of paragraph 2 of Section 8 (Office Building District) of Ordinance No. 811 is repealed. No. 811 is amended by adding the following aefinition: composing such a'branch of a fraternal order or society, such as the Masons, bights of Columbus, Moose, American Legion and other similar organizations. 'I Sec..-3. age and publication. rollcall there were five*ayes and no nay 'ordinance s adopted. Motion for adoption of the mrdiiiance was ATTEST : This ordinance shall be in full force and effect upon its pass- by Councilm Courtney and on d!!! L " H&yop . - 7 5--- !AJl/t99/ I4 I Village Clerk 6 EDENBROOK ALTERNATE ACCESS TO BE STUDIED FURTHER. Nr. Hyde recalled that Mr. Dunn had held informal meetings with residents in the Edenbrook area relative to the proposed alternate access. agreed to give the village the easement which had been requested. some discussion, Councilman Courtney's motion that Mr. Dunn hold'additional informal meeting with neighbors after the Engineering Department-has had an opportunity to study new recommendations was seconded by Councilman Shaw and carried. 1970 ASSESSMENT VALUATION REVIEW was submitted by the Assessor, reviewed and ordered placed on file by motion of Councilman VanValkenburg, seconded by Council- man Shaw and carried. He added that-the V.liT.& S. Railroad has Following 2/22/71 FEDERAL REVENUE SHARING discussion was continued to March 1, 1971, by motick of Councilman*VanValkenburg, seconded by Councilman Courtney and carried. NEW GARBAGE HAULERS' ORDINANCE TO BE ADOPTED. In order to bring the garbage hauler's licenses in line with the Morningside area contract date, Councilman Shaw's motion that-the,Garbage Haulers' Ordinance be amended was seconded by Councilman Johnson and carried. APPOINTMENT OF BOARD AND COMMISSION MEMBERS CONTINUED to March 1, 197i, by motion of Councilman Johnson, seconded by eouncilman Courtney and carried. VILLAGE MANAGER APPOINTED LEGISLATIVE LIAISON REPRESENTATIVE. Councilman VanValkenburg's motion was seconded by Councilman Johnson and carried, appoint- ing Mr. Hyde to serve as Legislative Liaison Representative for the Village. RIDGE ROAD CEPTICJTANK PUMPING PERMITS REVIEWED. of permits for septic tank pumping for Ridge Road which had been issued between 1964 and the present time. to the Engineer for a. solution was seconded by Councilman Shaw and carried. Mr. Hyde presented a list Councilman Courtney's motion referring the matter TRAFFIC SAFETY COMMITTEE MINUTES APPROVED; SPEED LIMIT CHANGE REQUESTED FOR VERNON AVENUE. Traffic Safety Committee Minutes for February 17, 1971, were approved byTmotion of Councilman VanValkenburg, seconded by Councilman Shaw and carried. Councilman VanVa'lkenburg then offered the following resolution as recommended bythe Traffic Safety Committee and moved its adoption: RESOLUTION WHEREAS, it is believed that the existing 45 mile per hour speed limit on Vernon Avenue (County Road 158) near Villa Way in the Village of Edina creates an accident-prone condition for motorists leaving driveways and attempting to enter Vernon Avenue (County Road 158) for either direction of travel, either North or South; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council requests that the Hennepin County Highway Department extend the existing 30 milelper hour limit Westward to Ayrshire Blvd., where it would become a 45 mile per hour limit . I Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were fiw ayes and no nays and the resolution was adopted. NINE MILE CREEK CITIZENS COMMITTEE TO SHOW FILM. Mr. Hyde advised Council that Mrs. Shirley Hunt of the Nine Mile Greek Citizens Committee had requested per- mission to show a film strip on Nine Mile Creek to the Council. informally agreed that Mr. Hyde would set up a special five o'clock meeting for this film. COUNTRY CLUB CURB AND GUTTER I&PROVEMENT &ARING DATE SET. Council that letters had been sent to property owners on tEie North stde of Sunnyside Road between Vooddale Avenug and Browndale Avenue and to p'roperty owners on both sides of Bruce Avenue between Bridge Street and Country Club Road, advising property owners that the experimental removal of curbing as ordered at the Council meeting of September 21, 1970 would be installed this spring. Mr. Paul Laederach, 4633 Bruce Avenue, presented the results of a questionnaife which he had circulated, giving residents an opportunity to express their preference for four alternatives: 1) Remove curb and resod boulevard as in experimental area; 2) RGplace with new concrete curb and gutter as was' done on Wooddale Avenue; gutter only where deterioration is evident; Do nothing at this time. Mr..George Adamowich, 4610 Bruce Avenue, expressed opposition to removal of the curb. hearing date be set for May 17, 1971, was seconded by Councilman VanValkenburg and carried. -% It was Mr. Dunn advised 3)- Replace with new concrete curb and 4) Following some discussion, Councilman Courtney's motion that- a- REDISTRICTING PROBLEMS DISCUSSED. State Legislature is considering including Edina's'portion'.of thE'Thisd Federal Congrgssiofial ' DisEfict wi.gh'Eii.nni%pwliS, CounciIGan: - 'VabVaIkehbukg offered the following resolution and moved its adoption: Upon being advised by Mr. Hyde that the RE SOLUTION WJJEREAS, the Third Congressisnal District currently includes only suburban municipalities; and F.IHEREAS, redistricting is necessary-because of population growth; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina desires to remain in a Congressional District with other suburban municipalities and not be included in a Congressional District with the City of Minneapolis because the needs and pkoblems of suburban municipalities are vastly different from those of central cities and accordingly deserve representation by a suburban 2/22[71 oriented Congressman; and BE IT FURTHER RESOLVED that the Mayor and Village Counci.1 of the Village of Edina urge Senators Alf Bergerud and I?. G, Kirchner and Representatives Otto Bang and Ernest Lindstrom to worlc toward the inclusion of Edina in a Congress- ional District with other suburban municipalities. Notion for adoption of the resolution was sesonded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. ORDINANCE NO. 1 ADOPTED, Mr. Hyde presented Ordinance No. 1, repealing the exist- ing ordinances of the Village and adopting the 1970 revised ordinances, whereupon Councilman VanValkenburg offered the ordinance for First Reading, with waiver of Second Reading and moved its adoption as follows: .. ORDINANCE NO. 1 . AN ORDINANCE REPEALING THE 'EXISTING ORDINANCES OF THE VILLAGE OF EDINA, ADOPTING THE 1970 REVISED ORDINANCES OF THE VILLAGE OF EDINA, AND PROVIDING FOR THEIR INTERPRETATION THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, KCNNESOTA, ORDAINS: - now -existing, except those enumerated in Section 2 hereof, and except those ordinances passed and published after November 15, 1970, are hereby repealed, as of the effective date of this ordinance. the ordinances of the Village of Edina, MinnesotH, that certain'revision and * codification of its ordinances :contained in a printed compilation enti.tled 's1970 Revised Ordinances of the Village of Edina, Minnesota," as the same has .been presented to this Council' at a regularly called meeting held on the date hereof. herewith ordered to be filed with and as a part of the official. records of the Village in the office of the Village.Clerk. . shall become effective as of the effective date of this ordinance, and from and after said date shall be all the ordhances of Edina, except as they may from- time to time be repealed, amended or added to by ordinances duly adopted by the Council; provided, however, that *the foliowing ordinances, although not included in said 1970 Revised Ordinances, areahereby preserved and shall continue in full force and effect notwithstanding the adoption of said 1970. Revised Ordinances: No. 2 No. 15 (Detachment of Certain Land) NO. 15-1 ( *' ?I ti Nos, 16 and 16-1 thru 16-7 No, 163 (Storm Sewer Districts) Nos, 164, 164-1 thru 164-20 and 164-22 thru 164-43 (Street Name Changes) No. 221 (Gas Co. Franchise) . No. 232 (Sewer Districts) No, 233 (Lateral Sewer Districts) No. 234 (Xeliy Sewer Franchise) , No. 243 (Peterson-Hawthorne Vater and Sewer Franchise) No. 244 (Stow Co. Water Franchise) No. 245 (No. States Power Go: Franchise) Section 3. Proceedings Under Previous Ordinances; No action, suit, proceeding, cause of action, obligation, right or liability hitherto created by, or instituted or existing under the terms and provisions of any of the ordinances repealed hereby shall by such repeal be abolished, annulled, altered or amended, but such action, suit, proceeding, cause of action, obligation,. right or liability shall continue in ful? force.and effect without regard to the terms and provisions of this ordinance, subject to further action by the VilitBge in accordance with law. Licenses and permits heretofore issued by the Village in accordance with ordin-. ances then applicable shall not be deemed to be revoked by the repeal of such ordinances, but shall continue, unless suspended or revoked, for the period . for which they weTe issue'd. Ordinances become effective, every existing l'icense: and licensee shall be - subject to tfieprovisions of the ordinance in 1970 Revised Ordinances of the Village of Edina under which a license for the same purpose would be issued or the holder of such license 170Uld be regulated. existing shall likewise be subject to the provisidns of the ordinance in said 1970 Revised Ordinance under which a permit for the same purpose would be issued, or the holder of such permit would be regulated. Ordinances and new ordinances shall become effective upon their adoption in accordance with the laws of the State of Minnesot'a; Sec. 6. Distribution to the Public. The Village Clerk is hereby . authorized and directed to prepare a sufficient quantity of said 1970 Revised Section 1. -Existing Ordinances Repealed-. All ordinances of the Village Sec. 2. Revised Ordinances Adopted. There is hereby adoptzed as and, for . * A copy of said compilation shall be stamped "Official Copy." and is Said 1970 Revised Ordinances (Abolishing Office of Constable) It 1 (Budget) Sec. 4. Licenses and Permits Obtained under Repealed Ordinances. From and after the date on which the 1970 Revised- Pedts and p-ermittees now Sec. -5. Amendments and New Ordinances. kendments to said 1970 Revised 2/22/71 I Ordinances for general distribution to the public, and to publish in the official newspaper for at least two successive weeks a notice that copies of said 1970 Revised Ordinances are available at her office. She is further authorized and directed to cause to -be sepaiakely printea such portion or portions of said 1970 Revised Ordinances as may be convenient and desirable, and to keep them available for distribution in her office to interested persons. Ordinances or hereafter adopted, words shall have the following meanings, unless otherwise stated: Sec. 7. Definitions. In all ordinances contained in said 1970 Revised "Clerk" means the Village Clerk of the Village of Edina "Counciltt means the Villige Council of the Village of Edina "Manager" means the Village Manager of the Village of Edina. '%ayortt'means the Mayor of the VilZage of Edina. "Person" means any natural person, partnership, firm, trust, estate, association, corporation or receiver, wherever permitted by the context , and the singular includes also the plural. ~ *tTreasurer" means the Village'Treasurer of the Village of Edina. "Villagekt means the Village of Edina. "Village Clerk" means the Village Clerk of the Village of Edina. "Village Counci1"means the Village Council of the Village of .Edina. "Village Manager'' means the Village Manager of the Village of Edina. "Village Treasurer" ixieans the Village Treasurer of the Vfllage of Edina. Sec. 8. Territorial Application. Unless otherwise expressly stated, ordinances shall be deemed to apply only to acts done in the Village,- or to the omission of acts which should have been done in the Village. various ordinances, which are inserted between the number of the various sections and the text thereof, shall not be given any weight in the inter- pretation of any ordinance or any section thereof.' Ordinances, or hereafter enacted, or any part of any such ordinance or amendment thereof, shall be held to be invalid or suspended under the Con- stitution or laws of the United States, or the Constitution or laws of the State of Minnesota, such invalidity or suspension shall not be deemed to apply to any other ordinance or part thereof, or to any other part of the ordinance a part of which was.so.held invalid or suspended, unless specifically pro- vided otherwise. to be prima facie evidence of the law of the Village. Sec. 9. Section Headings. The section headings appearing in ths Sec. 10. Separability. If any ordinance contained in the 1970 Revised Sec.. 11. Evidence. Said 1970 Revised Ordinances are hereby declared Sec. 12. This ordinance. shall be in full force and effect immediately .upon its passage and publication, and-upon a sufficient quantity of saFd 1970 ,Revised Ordinances being printed for general distribution to the public. A notice that copies of the codification are available at the office of the Village Clerk shall be published in the official newspaper for,at least two successive weeks. Motion for adoption of the ordinance w by Councilman Johnson and on rollcall there were five ayes andn ATTEST : z!L d- K&AtQLu Village Clerk Mayor ORDINANCE NO. 1004 ADOPTED. As recommended by Mr. Hyde, Councilman Johnson offered the following ordinance for First Reading, with waiver of Second Read; ing and moved its adoption as follows: ORDINANCE NO. 1004 - AN ORDINANCE RELATING TO HOAX, OBSCENE OR ANNOYING TELEPHONE CALLS AND BOMB THREATS; AMENDING ORDINANCE NO. 1001; AND PROVIDING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. (a) within the Village to make, or cause to be made, a telephone call to any other person within or without the Village with intent as a hoax to threaten to bomb, or threaten that a bomb or other explosive devices have been placed in any building or in any location other than a building. It shall be unlawful for any person to make or cause to'be made a telephone call with intent as a hoax to threaten to. bomb, or threaten, that a bomb or other explosive device or devices have been placed in any building in the Village or ih any location in the Village other than a building. whether or not' conversat,ion ensues, without disclosing his identity and with Bomb Threat Calls and Obscene or Annoyins Calls Unlawful. kt shall be unlawful for any person to use a telephone located (b) (c) It shall be un3awful for any person to make a telephone call, 2/22/71 intent to annoy, abuse, threaten or harass any person at the number cal'led; or to make the telephone of another repeatedly or continuously to ring, with intent to harass any person at the number called; or by means of a telephone to make any comment, reques!, suggestion or propdsal which is obscene, leiqd, lascivious, filthy or indecent. Any such act shall be unlawful whether per- fo&~ea from or to a telephone situated within the Village. It shall be unlawful for any person knowingly to permit any tele- phone under his control to be used for any unlawful purpose described in this section. Sec. 2. Penalty. Any violation of Section 1 of this ordinance or any portion thereof is a misdemeanor, and any person guilty of such violation shall upon conviction imprisonment for not more than 90 days, with costs of prosecution in either case to be added, (d) I thereof be punished by a fine not exceeding $300 or by Sec. 3. Repealer. Section 18 of Ordinance No. 1001.is repealed. Sec. 4; This ordinance shall be in full' force and effect upon its pass- age and publication. LIQUOR REPORT AS OF DECEMBER 31, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. HOUSE FILE NO. 3 ENDORSED. offered the following resolution and moved its adoption: VHEREAS, the Village of Edina has been unable to beautify its business district by the installation of underground pJ1Fsctrical fzcilities as a special assessment improvement ; and WHEREAS, there has been introduced in the House of Representatiges House File No- 3 authorizing the underground construction of electrical facilities to be' financed in the same manner as other special assessment improvements; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina supports and recom- mends the passage of such legislation and urges that Senators Alf Bergerud and T.J..G. Rirchner and Representatives Otto Bang and Ernest Lindstrom be urged to. take any action possible for the adoption of this legislation. 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. As recommended by Mr.Hyde, Councilman VanValkenburg RESOLUTION ' . ANNUAL LIQUOR DISPENSARY FUND FOR '1970 was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Council- man Courtney and carried. SOUTHDALE: NATIONAL BANK ADDITIONAL PLEDGE APPROVED. As recommended by Mr. Dalen, Councilman Courtney offered the following-resolution and moved its adoption: RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND FIRST SOUTHDALE NATIONAL BANK BE IT RESOLVED that the Viilage Council of the Village 0; Edina; Minnesota, approve the assignment by its depository, the First Southdale National Bank of Edina, Minnesota, of the following securities, as good and sufficient collateral for-the Village of Edina Public Funds deposired in said depository: U. S. Treasury Notes 5.75% 2-15-74 $250,000.00 Motion for adoption of the resolution was second6d by Councilman Johnson and on. rollcall there were five ayes and no nays and the-resolution was adopted. NINE-3ELE CREEK BRIDGE AT GLEASON ROAD STEEL PURCHASE AUTHORIZED, As recommended Rate Due Par Value - Issue : by Mr- Dunn, Councilman Shaw's motion approving the expenditure of $ 1,180.00 for steel for the bridge on Gleason Roar' over Nine Mile Creek was seconded by Council- man Johnson and carried. CLBIBIS PAID. and carried for payment of the following claims as per Pre-List: $51,671.27; Construction Fund, $14,744.76; Parks, Golf Course, Arena, Park Construction, Park Sinking, Gun Club, $62,384.38; Water Fund, $11,.430.23; Motion of Councilman Courtney was seconded by Councilman Johnson General Fund, 2/22/7 1 Liquor Fund, $136,258.09; Sewer Fund, $5,268.58; Improvement Funds, $146,029.04; P.I.R. Fund and Poor Fund, $512.29; Total, $428,398.64. No further business appearing, Councilman Johnson's motion for. adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:35 p.m.