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HomeMy WebLinkAbout19710503_regularNINUTES OF THE REGULAR MEETIhG OF THE . EDINA VIUE COUNCIL HELD AT VILLAGE HALL ON . MONDAY, MAY 3, 1971 .$ Members answering rollcall were Councilmen Courtney, Shaw , VanValkenburg and 31ayor Bredesen. .. MINUTES of April 19, 1971, were approved as submitted by motion of Councilman VanValkenburg, seconded ' by Councilman Courtney and carried. LAWRENCE A. WILSON RETIREMENT NOTED, Mayor Bredesen presented Mr. Lawrence A.. Wilson, commending h5m for his efficient service during the'seventeen years he had worked for the Viliage, Mayor Bredesen and the Council expressed their best wishes and thanks focMr. Wilson on his retirement. LOT 3, BLOCK 1, CLIFTON TERRACE R-2 ZONING DENIED. request of Mr. Jeffrey Gustafson for R-2 zoning for Lot 3, Block 1, Clifton Terrace, recalling that this matter had been continued from March 15 and April 19, 1971, so that neigfibors could try to reach a purchase agree6ent with Mr. Gustafson. Mr; Luce recalled that the Planning Commission felt that this pro- posed rezoning would make a reasonable buffer between the Crosstown Highway and single family dwellings in the block. said that residents and Mr. Gustafson are $3,200 apart and that the residents feel that $13,250, which Mr. Gustafson is asking for the property, is too much for a single family lot. He added that there appears to be no area to negoti- ate and that residents have withdrawn their offer for that reason. Mr. Gust- afson presented a map which he had drawn indicating other multiple residence uses in the area, along with pictures of adjacent properties. Mr, Donald John- son, 6312 Brookview Avenue, reGalled that this zoning had been denied by Council on numerous occasions and urged denial at this hearing. Mayor Bredesen noted that the lot is more than 2,000 square feet too small for a double dwell- ing, Following considerable discussion, Councilman Courtney moved that,since .the lot is 20% too small and since the zoning had been turned down on several occasions, the zoning change be denied. VanValkenburg and on rollcall there were four ayes and no nays and the motiog was carried. ORDINANCE NO, 811-A6 ADOPTED. Plf,,LuceLpres"ented Ordinance No. 811-A6, noting that this matter had been continued from April 5 and 19, 1971. this ordinance would delete language in the Zoning Ordinance which permitted outside burning and that Richfield, St. Louis Park and Eden Prairie all have this same ordinance. Minnesota Pollution Confrol Agency Regulations more easily enforced. man Courtney then offered the following ordinance for First Reading, with waiver of Second Reading, qnd qoved its adoption as follows: Mr. Hyde presented the Mr. James Otto, 6324 Brookview Ave., Motion was seconded by Councilman I He noted that Mr. Hyde added that this ordinance would make the Council- ORDINANCE NO. 811-A6 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO REGULATE REFUSE INCINERATION AND STORAGE IN THE MULTIPLE RESIDENCE DISTRICT c THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Trash and Garbage Incinerators and Storage. Supparagraph (h) of paragraph 4 of Section 4 (Multiple Residence District) of Ordinance No. 811 is hereby amended to read as follows: (h) Refuse Incineration: Storage. No incineration of any refuse, garbage swill or rubbish as defined in Ordinance No. 711 shall be permitted except in a manner which fully complies with Ordinance No, 633 and the applicable provisions of the Minnesota Pollution Control Agency Regulations therein adopted. There shall be no exterior storage of such refuse, garbage, swill or rubbish, or of any waste matter as defined in said Ordinance No. 711, except in an accessory building completely enclosed by walls and rodf. Sec. 2. and publication. rollcall there were This ordinance shall be in full force and effect upon its passage Motion for adoption of the ordinance was four ayes and no nays ATTEST : Mayor +e/ Village Clerk I ORDINANCE NO, 811-A10 CONTINUED FOR STUDY. by Clerk, approved .as to form and ordered placed on file. Ordinance No. 811-AlO for First Reading, noting that the ordinance as proposed Affidavits of Notice were presented Mr. Luce presented 5/3/71 would call for one and one-half completely enclosed parking spaces and one- 1 half exposed parking space for each dwelling unit in the Multiple Residence District, except that in the R-2 &ltTple Residential District two completely enclosed parking spaces are required for each dwelling unit. ordinance requires one enclosed parking space and one exposed parking space for each dwelling unit .in ihe 'Multiple Residence Districts. letter sent to Council on April-30, 1971, Mr. l?illiam S. Reiling, Executive Vice President of Eberhardt, expressed opposition to the proposed ordinance, stating that Eberhardt's apartment building at '5300 Vernon Avenue now has one and one-half enclosed parking spaces and has never had much success in renting more than one stall per unit. He added that each underground garage stall costs approximately $2,250 and that, if the spaces are not rented, this is-an added equity which would greatly deteriorate the econdmics + of the property. Mr. Harold Posnick of Builtwell Construction Company, Mr. Paul Kloog and Mr. Harvey Hansen of Carl Hansen Company and two unidentified gentlemen concurred with Mr. Reiling's remarks. Mr. Hansen added that if the ordinance should be adopted, builders would be forced to construct larger- buildings with two bed- room units. very few apartment residents needed more than one garage. as to the effect of on-street parking if only one enclosed garage is required. Mr. rather than aesthetics and that everything possible should be done to keep cars off the street and out of site. Mayor Bredesen said'that he does not believe that cars would be parked inside except at night. able discussion, Councilman Courtney's motion that the matter be continued for two weeks so that the Planner could check apartments in the Village to find out how many garages are vacant and determine how much on-street parking now exists was seconded by Councilman VanValkenburg and carried. MOTOR STREET VACATION DENIED. Mr. Hyde recalled that the vacation of a portion of.Motor Street, located generally in front of 5131 Motor Street, had been continued from April 19, 1971, to see of some compromise could be worked out by adjacent property owners. Mr. Waldo Mar&ck, 5101 W. 44th Street, objected to the vacation, saying that Mr. Stone, the petitioner, only wanted the street vacated so that he could build a double garage in front of his house and that the house is too small for this addition. He added that the vacation would be a detriment to his property since his lot would not have access from the rear. Mr. Ralph Tully, attorney representing Mr. Stone, said that Mr. Mareck would have access to the rear of his property, even though the entire vacated street would go to Mr. Stone, that the street is an attractive nuisance and cars park there and throw out refuse. of.bbild'ing 6n this vacated Street area and that he only wanted to landscape it with the assurance that he would not be forced to take down the trees at; a lacer date. Mr. A. C. Eggert, 5107 W. 44th Street, said that he would pre- fer to leave the street as it-is. It was noted that Mrs. Helen Washburn,.owner of the property to the West, had not objected to tlie vacation. Mr. Hyde told Mr. Stone that he could petition for improvement of the street if he wished. Following some discussion, Councilman Courtney moved that the vacation be abandoned inasmuch as Mr. Stone had been told previously that he should getlch agreement with adjacent property owners ,whb h$ve objected, a& .the Gacatibn. . MotZozi:-wa's-:sgcanded-by.~.Cduncilman VanValkenburg and carried. The existing Referring to his It was noted that this ordinance would itncrease rents and that I, Discussion ensued Frank Daimes said that arguments presented were based on economics, Following consider- Mr. Stone.s-iiiil th'at he'hah nb'irikention OAK HILL ADDITION PRELIMINARY PLAT APPROVAL CONTINUED INDEFINITELY. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. man VanValkenburg's motion continuing the matter indefinitely was seconded by Councilman Shaw and carried. BENTON AVENUE PORTILANB CEMENT CONCRETE REPLACEMENT BID A\?ARDED; Mr. Hyde recalled that the award of bPd for Portland Cement Concrete Replacement on Benton Avenue between Crescent Drive and the Minneapolis, Northfield & South- ern Railroad Bridge had been continued from April 19, 1971, so that the low bidder could be investigated. He recalled that Northdale Construction Company had been low bidder at $9,000.00, Arnold Beckman, Inc., at $9,750.00 and J. B. Lab0 & Son, Inc,, had been high bidder at $9,936.00, against Engineer's estimate of $12,000.00. Mr. Hyde reported that Northdale Construction Company had been found to be reliable, whereupon Councilman VanValkenburg's motion awarding contract to recommended low bidder, Northdale Construction Company, was seconded by Councilman Courtney and carried. SAND, BITUMINOUS MATERIALS AND ROCKS BIDS AVARDED. tion of bids for sand, seal coat aggregates, cubback asfihalt and bituminous Inasmuch as this plat is included in the Southwest Edina area, Council- I Mr. Hyde presented tabula- 5/3/71 materials received in respanse to Advertisement for Bids in.the Edina Sun and Con- struction Bulletin on April 15 and 22, 1971. Tabulation showed: Concrete Fischer Sand & Aggregate Co., Inc., low bidder at $1.54; Hed- berg & Sons, $1.59; Northwestern, Gravel Company, $1.60; Buesing Brothers Truck- ing Co., $1,70; and Prior Lake Aggregates, Inc., $2.24; Buck Shot FA-4: Fischer Sand & Aggregate Co., Inc., $2.54;.HSdberg & Sons,'$2.69; Buck Shot - FA-3: Fischer Sand &'Aggregate Co., Inc., $2.44; Course Aggrenate; Fischer Sand & Aggregate Co., Inc., $2.64; Bryan Dresser Trap Rock, Inc., $2.90; Northwestern Gravel Co,, $3.15; Gravel Base: Buesing Brothers Trucking, Inc, and I?. G. Pearson, Inc., tied low bid at $1,75; Northwestern Gravel Company, $1.85; Midwest Asphalt Corporation, $1.90; River*IJarren Aggregates, Inc., $1.95; Fischer Sand & Aggregate Co., Inc., $1,89; Limestone C-A-5: River T?arren Aggregates, Inc., $3.00, Bryan Dresser Trap Rock, Inc., $2.90; Seal west Asphalt Corporation, $6.00; Fischer Sand & Aggregate Co., Inc., $6.50; Cut-Back Asphalt #3152 : and Northwestern Refining Company tied bid at 14.3c; o 'Oil Company, f5ci Great Northern Oil Company and Northwestern Refining Co., tied bid at 15.55C. bidder (delivered) in all cases and to both Buesing Brothers and N. G. Pear- son for delivery and I#. G. Pearson on pickup due to hauling distance for gravel base and to North Star and Midwest Asphalt Corporation for pickup for Bituminous mix was seconded by Coimcilman'Courtney and carried. LAJCEXIETJ DRIVE STREET VACATION ACCEPTED FOR PROCESSING. vacation of a portion of Lakeview Drive immediately East of T,H. 100 was pre- sented and accepted for processing by motion of Councilman Courtney, seconded . - Sand (deliverea I __ Coat Chips, $5.85; Ready Nix Bituminous: North Star Asphalt Co., $5.50; $Ed- Richards Oil Company j 14~; Great Northern Oil Coq'any Cut-Back 1,3156: Richards Councilman Shawls motion awarding bid to recommended low . The petition for ' .by Councilman Shak and carried. RYAN AVENUE STREET VACATION EETITION ACCEPTED FOR PROCESSING. for vacation of Ryan Avenue between 65% Street and 66th Street was presented and accepted for processing by motion of Councilman Courtney, seconded by Councilman Shaw and carried. The petition ST, JOHNS AVENUE STREET IMPROVEMENT PETITIONS ACCEPTED FOR PROCESSING. %O I petitions were received for improvement of St. Johns Avenue between W. 60th Street and.Valley View Road, one for concrete curb and gutter and the other without' concrete curb and gutter. ing Department for processing, with estimates to obtained for each method of constmction. The petitions were referred to the Engineer-.. SOUTHWEST EDINA PLAN RE-REFERRED TO-zPLA"IAk COMMISSION. were presented by Clerk, approved as to form and ordered placed on file. suant to-due .dotice given, public hearing was conducted 'and actcon taken as hereinafter set forth. Mr. Luce presented the Comprehensive Municipal Plan for Southwdst Edina as recommended by the Planning Commission, noting that the &ea concerned is bounded by the Village Limits on the South and West, the rail- road tracks paralleling Cahill Road to the East, and West 70th Street on the North. Mr. Luce noted that the area is made up of Braemar Park, the industrial area, the single f6Jy residence district and the area between the single family residence'dfea.-and the industrial area. He recalled that on January 18, 1971, Council had referred a previously recommended plan back to the Planning Commission. with the mandatory dedication of twenty-five acres of green space, so that only 65 of the 90 acres of land in the area will actually be developed with a proposed 1,080 dwelling units. The plan further recommends the c-ul-de-sac of Cahill Road South of the intersection of propdsed Dewey Hill North and keep it from going through the residential area. Mr. Frank Dean, 5716 Dewey Hill Road, acting as spokesman for residents in the area, said that it is recognized. that this plan is 'an improvement over the previous plan, inasmuch as it introduces the concept of the buffer between the.industria1 area and single famkly area, but that residents are unanimously opposed to this plan also because of the high population density proposed, because the open space is taken from the area proposed to be developed with single family residences and because there is no buffer between high density apartments and single family homes, Mr. Dean added that the plan favors the developers, rather than homeowners already living in the area, and that developers knew there was peat in the area before they'purchased the land. rpHe presented a proposal calling for lower density development which would be acceptable to the pro- perty owners whom he represented. Dr. L. P. Palries, 7101 Fleetwood Drive, Affidavits of Notice Pur- The plan now proposed suggests 0 -to 12 dwelling units per acre, - &ndson,Blvd. This would encourage industrial traffic to use freeways and 5/3/7 1 was told that an inte area. had paid premium prices for their property in reliance that this area would be developed in keeping with other single family areas in Edina. Opposition to the plan presented by the Planning Commission was expressed by Mr. and Mrs. Robert Burns, 5820 Dewey Hill Road, Nr;.and Mrs. Earl Frawley, 5604 W. 70th Street, Mmes. Charles Mahan, 7129, Shannon Drive, R. R. Lund', 7203 Gleason Road, Messrs. M. V. Stuart, 5900 Lee Valley Road, James Jundt, 7021 Lanham Lane, Armand Poli, 5908 Lee Valley Road and four unidentified persons. Fifty slips singed in opposition to the plan were also presented to Council. Mr. Edward Johnston of Hyde Park Development Corporation'said that lots that are not in the Edina School District are not easily sold for single family lots, which statement was disputed by Mr. Gene Krogness, 5700 W. 70th Street. Mr. Robert Clark, 7701 Glasgow Drive, protested that the upper pond is isolated by apartments and thatmthe pond should be available for public use. Mr. Darrell H. Boyd, 7204 Shanngn Drive, said that he favored the proposed Cahill Road cul-de-sac. a plan only and Chat he could see certain revisions that he would recommend. He added that the only commitment that had been made to the Village was by Olsen-Hanson who have agreed to congribute land and build tennis cqurts. He said that in these areas there are setback requirements, so that the 250 foot buffer would be increased by approximately 15%. Mayor Bredesen also advised that the Village cannot have units consume more in taxes than they contribute and that multiple ho,using is more than paying its way. Mr. Frank Cardarelle, a developer in the area, recalled a meeting with developers, neighbors and Mr. West and said that it had been his understanding that a concensus had been reached at that meeting to eliminate industry West of Cahill Road and,that twelve units per acre would be permitted for a quarter mile West of Cahill Road. Mr. Harvey Hansen, a developer in the area, said that the plan is a compromise with which he is not pleased and that developers cannot possibly compromise .further. Following considerable discussion, Councilman Courtney moved that the Southwest' Ebina Plan be continued until after the June Planning Commission Meeting and that before that time it will be up to the developers and home owners to get together and reach a decision. by Councilman VanValkenburg and carried. It was agreed that Mr. Dean will appoint a committee to meet on May 24, 1971, with develop.ers and Mr. Luce and that agreement'(or djkagreement) between the two factions be reached *before the June Planning Commission Meeting. Councilman Courtney then offered ,the following resolution and moved its adoption: BE IT RESOLVED by the Edina Village Council that the Comprehensive Municipal Plan for Southwest Edina be returned to the Planning Commission for further 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. hange is planned for the area south of the industrial Mrs. John Bro n, 7308 Claredo; Drive, and Dr. and Mrs. Robert Bundt, 7304 Claredon Drive, f said ' that they did not favor Mr. Dean's plan, since they I In reply to objections, Mayor Bredesen said that this proposal is Motion was seconded RE SOLUTION I . study and subsequent recommendation at its meeting of-June 2, 1971. SMISEK ADDITION FINAL PLAT APPROVAL'CONTINUED INDEFINITELY, as recommended by the Planning Department by motion of Councilman VanValkenburg, seconded by Councklman Courtney and carried. 1 CHEROKEE HILLS 7TH ADDITION FINAL PLAT APPROVAL RESOLUTION AMENDED. As recommended by Mr. Luce, Councilman VanValkenburg. offered the following resolu- tion and moved its adoption: RESOLUTION AMENDING RESOLUTION APPROVING FINAL PLAT OF CHEROKEE HLLLS 7TH ADDITION BE IT RESOLVED by the Edina Village Gouncil that the resolution approving final , plat of Cherokee Hills 7th %Addition e amended so that the effective date of said final plat approval would be c I-! anged from May 4, 1971, to June 8, 1971. 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. l*IRS; DORIS LAHNER NOTICE OF CLAIM FILED. that Noticeof Claim had been filed with the Clerk by Mrs. Doris Jean Lahncr, LaVeryl L. Lahner and LaVeryl L. Lahner in behalf of James Michael Lahner relative to Mrs. Lahner's accident at Braemar Arena on April 16, 1971. The matter has been referred to the insurance companies and to the Village Attorney. BERNARD KANNNENBERG SUIT FILED. Bernard Kannenberg relative to Mr. Kannenberg's fall on March 9, 1971. matter has been refexred to the insurance companies and the Village Attorney. m. Mr. Hyde advised Council of the fact Mr. Hyde advised Council of the'suit of Mr. The ANGELOS RESTAURANT GRANTED ON-SM33 AND'OFF-SALE 'BEER LICENSES. As recommended 'by the Village Sanitarian and the Police Department, Councilman VanValkenburg's motion approving the granting of an On-sale Beer License and an Off-sale Beer 5/3/71 for Angelos Restauran- at 4930 France Ave. S., was seconLjd by Councilman Shaw and on' rollcall there tqere follr ayes and no nays and the motion was carried. NINE MILE CREEKIJATERSHED DISTRICT APPOINTED. Mr. Hyde advised Council that the Hennepin County Board of Commissioners has appointed Mr. John R. MacLennan, 6060 Olinger Circle, as Edina's representative on the Nine Mile Creek Water- shed District's Board of Nanagers. NINE MILE CREEK JOINT MEETING of the Councils of Bloomington, Hopkins and Edina will be held on BOARD OF REVIEW HEARING DATE SET for July 13, 1971, a5 4:30 p.m. by motion of Councilman Shaw , seconded by Councilman VanValkenburg and carried. No action was taken. 11, l2 or '13. - The Village will be represented. LOT 17, BMCK 3.1, NORMANDALE ADDITION ACQUISITION APPROVED. As recommended by Mr. Hyde, Councilman VanValkenburg's motion authorizing acquisition of Lot 17, Block 11, Normandale Addition for -$5,500 was seconded by Councilman. Courtney and carried. HEARIhG DATES SET FOR VARIOUS IMPROVEMENTS. Councilman VanValkenburg offered the following resolution and moved its adopt-. . ion : 4 As recommended by Mr. Dunn, ! RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER PERMANENT' STREET SUWACING AND CONCRETE CURB & GUTTER ANI) SIDhJALK IMPROVEMENT NO. P-BA-185 PORTLAND CEMENT CONCRETE CURB AND GUTTER AND ASPHALT CONCRETE OVERLAY WITH SEAT., COAT IMPROVEMENT NO. P-BA- 16 8 STORM SEWER IN@ROVEMENTS P-ST.S.-128 & 129 SANITARY SEWER DPROVEMENT NOS. 'NOS. P-BA-181, P-BA-182, P-BA-183, P-BA-18& P-SS-297, P-SS-298, P-SS-299, P-SS-300, P-SS301, P-SS-302 * IJATERMAIN IEPROVEMENT NOS. P'4M-268, P43l-269, P-IW-270, P-'IsM-271, P-1IM-272, P-IJM-273, P-Wbl-274 GRADIRY: IM~ROVEMENT NO . P-c- 1x0 1. as to the feasibility of the proposed'improvements 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 neet on Monday, May 17, 1971, at 7:OO p.m. in the Edina Village Hall, 59 consider in public hearing the views of all persons inter- ested in said improvements. 3. place and purpose of said meeting to be piiblished in 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.properties in substantially the following form: The Village Engineer, having submitted to the Council a prelimiqary report The Clerk is hereby authroized and directed to cause notice of the time, 8. (Ocficial Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING PERMAJ!TENT STREET SURFACING AND CONCRETE CURB & GUTTER PERMNENT-STREET SURFACING AM> CONCRETE CURB & GUTTER NOS. P-BA-181, P-BA-182, P-BA-183, P-BA-184 ,I ^~;N~="~IDEwALK IMPROVEMENT NO. P-BA-I~~ PORTLAND CEMENT CONCRETE CURBT&W.,GUTTER** - - AND ASPHALT CONCRETE OVERLAY IJITH SEAL COAT STORM SEWER IMPROVEMENTS P-ST.S.-128 & 129 IMPROVEMENT NO . P-EA- 16 8 SANITARY SEWER IMPROVEMENTS NOS . P-SS-297, P-SS-298, P-SS-299, P-SS-300, P-SS-301, P-SS-302 I IJATERMAIN DPROV33MENT NOS . P-IJM-268, P-WM-269, P-I4~-270, PyIJM-271, P-Iw-272, P-I?tI-223, P-FJM-274 GRADING I%PROVEMENT NO. P-C-110 .. Edina Village Council will meet at the Edina Village Hall on Monday, May 17, 1971, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said Fmprovements are estimated by the Village as set forth below : 1. 5/3/71 ESTIMATED COST CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER ON THE FOLLO?ING: A. IMPROVEMENT NO, P-BA-181 $ 4,288.06 Bonnie Brae Drive from Gleason.Road easterly to the east line of Hyde Park B. ' IIPROVEMENT NO. P-BA-182 . $ 57,688.90 Gleason Road from Dewey Hill Road to south line of Hyde Park C, IMPROVEMENT NO. P-BA-183 $ 30,745.85 Tupa Drive fYom Gleason Road north to east line Scotia Drive from west line of Braemar Hills 5th Tupa ,Circle Warden Avenue from Tracy Avenue west to cul-de-sac of Braemar Hills 5th Addition Addition to Tupa Drive D. IMPROVEMENT NO. P-BA-184 $ 10,400.91 CONSTRUCTION OF PERWNENT STREET SURFACING, CONCRETV CURB AND GUTTER AND SIDEVALK ON THE FOLLOTJING: 2, 3. 4. 5. A. IMPROVEMENT NO, P-BA-185 $ 235,022.31 PERMANENT STREET SURFACING & CONCRETE CURB AND GUTTER . Valley View Road from Rosemary Lane to 8. 66th Street , SIDEWALK East side of Valley View Road from Vest 66th' ' Street to Vest 68th Street CONSTRUCTION OF PORTLAND CEMENT CONCRETE CURB GUTTER AND ASPHALT CONCRETE OVERLAY WITH SEAL COAT A. IMPROVEMENT NO. P-BA-168 Sunnyside Road from the east line of Block 2 of $ 621,570.93 Country Club District, Fairway Section to ' Highway 100 line of Sec. 18, T. 28, R. 24 Grimes Ave. from Sunnyside Road to the north ' Arden Avenue from W. 50th St. to Sunnyside Road Bruce Avenue from 14. 50th St. to Sunnyside Road Casco Ave. from Country Club Rd. to Sunnyside Rd. Drexel Ave. from Country Club Road to Sunnyside Rd. Edina Blvd. from Country Club Road to Sunnyside Rd. Moorland Ave. from Country Club Road to Sunnyside Browndale Ave. from Country Club Rd. t.0 IJ. 44th.St. Edgebrook Place Country Club Road from Arden Ave. to the south Bridge St. from Arden Ave. to Minnehaha Creek Mackey St. from'Sunnyside Road to north line of Road line of the N3 Sec. 18, T, 28, R. 24 Country Club District, Brown Section CONSTRUCTION OF VILLAGE STORM SEVER AND APPURTENANCES IN THE FOLLOWING: (See amendment in Minutes of 8/2/61 - P. 209) A. IMPROVEMENT NO. P-ST.S.-128 $ 29,591.53 Tupa Drive from Gleason Rd. to east line of Scotia Drive from Tupa Drive to 105' west Easement line between Lots 5 and 6, Block 1, Braemar Hills 5th Addition Braemar Hills,5th Addition from Scotia Drive to south line of Elm View 1st Addition B. IMPROVEMENT NO. P-ST.S.-129 $ 16,229.02 Gleason Road from Dewey Hill Road to south line Bonnie Brae Drive from Gleason Road to east line CONSTRUCTION OF VILLAGE SANITARY SEtIER AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-SS-297 $ 23,910.21 of Hyde Park Addition of Hyde Park Addition Gleason Road from Dewey Hill Road to south line of Hyde Park Bonnie Brae Drive from Gleason Road easterly to the east line of Hyde Park B. IMPROVEMENT' NO. P-SS-298 $ 37,315.48 All streets in Braemar Hills 5th Addition C. IMPROVEMENT NO. P-SS-299 Cul-de-sac at north end of Meadow Road $ 7,217.43 . 5/3/71 ESTIMATED COST D. IMPROVEMENT NO. P-SS-300 $ 2,332.85 85333 Vernon Ave. (County Road No. 158) from existing sanitary sewer manhole on north side of Vernon Ave. at Villa Way E. IMPROVEMENT NO. P-SS-301 $ 1,056.61 115401 Vernon Ave. (County Road No. 158) from existing sanitary sewer main on north side of Vernon Avenue Fa. IMPROVEMENT NO. P-SS-302 $ - 9,497.60 I 'Vernon Ave. (County Road No. 158) from exist-' ing sanitary sewer on south side of Vernon Ave. to serve #5508 and i15516 Vernon Avenue GONSTRUCTION OF VILLAGE WATER MAIN AND APPURTENANCES IN THE FOLLOVING: A. IMPROVEMENT NO. P-WM-268 $ 19,903.41 6. Gleason Road from Dewey Hill Road to south like of Bonnie Brae Drive from Gleason Road easterly Hyde Park to the East line of Hyde Park B'. IMPROVEMENT NO. P-WM-269 $ 26,504.24 C. IMPROVEMENT NO. P-WM-270 $133,803.38 All streets in Braemar Hills 5th Addition Lincoln Drive from'Telemark Drive south to Fabri-Tek Inc. D. IMPROVEMENT NO. P-WM-271 $ 4,122.12 Cul-de-sac at north end of Meadow Road E. IMPROVEMENT NO. P-WM-272 $ 2,997.68 Intersection of County Road No. 158 and Blake 1- Road from existing main on north side to 95' south F. IMPROVEMENT NO. P-WM-273' I $ 3,318422 Intersection of County Road No. 158 and Villa Way from existing main on south side to 60' north G. IMPROVEMENT NO. P-WM-274 Goya Lane from County Road No. '158 north to . cul-de-sac 7. CONSTRUCTION OF GRADIXG IN THE FOLLOWING : $- 18,064.79 A. IMPROVEMENT NO. P-C-110 ' $ 152,124,84 Gleason Road from Dewey Hill Road to south line of Hyde Park Addition The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No, P-BA-181) under 1-A above includes Lots 14 and 15, Block 1, Lots 1 and 2, Block 2, and Outlot B, Hyde Park Addition. The area proposed to be assessed for the'cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-182) under 1-B above includes Lots 4 thru 14 incl., Block 1, Lot 1, Block'2, and Outlots "C" and "D", Hyde Park Addition. The area proposed to be assessed for the cost of the proposed Permanent Street Surfacirig and Concrete Curb and Gutter (Improvement No. P-BA-183) under 1-C above includes Lot 4, Block 1, and Lot 1, Block 2, Braemar Hills 4th Addition; Lots 1 thru 7 incl., Block 1, Lots 1 thru 11 incl., Block 2, and Lots 1 thru 6 incl., Block 3, Braemar Hills 5th Addition. The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-184) under 1-D above'includes Lots 9, 10 and 11, Block 2, Hawke's Lake Addition; Lots 1 and 3, Block 1, Fridlund's Addition; Part of Lot 9 (Parcel 1025 - Sec. 32, T: 117, R. 21) and Lot 10, Varden Acres. The area proposed,to be assessed for the cost of the proposed Permanent Street Surfacing, Concrete Curb and Gutter and Sidewalk (IGrovement No. P-BA-185) under 2-A above includes Lots 4 thru 8 incl., Block 2, Valley Vista Addition; Lots 1 and 2, Block 1, Elm View First Addition; Lot 41 (Ely 260'), .Auditor's Subdivision No. 196; Lots 1 thru 11 incl., Block 1, Chapel Hill; Lots 1 and 4, Block 1, Scotland Heights; Lot 17, Block 2, and Lots 10 thru 17 incl., Block 3, Creek Valley Addition: Lot 13, Block 2; The Addition; Lots 3 and 4, Block 1, Lots 5 and 6, Block 2 and Lot 7, Block 3, The Heights.5th Addition; and Parcel 1800, Sec. 5, T. 116, R. 21, The area proposed to be assessed for the cost of the proposed Portland Cement Concrete Curb and Gutter and Asphalt Concrete herlay with Seal Coat (Improvement No. P-BA-168) under 3-A above includes Lots 1 thru 13 incl., " ' . Heights Addition; Lot 8, Block 3, and Lot 11, Block 4, The Heights 4th 51317 1 Block 1, Lots 1 thru 15 incl., Block 2, Lots 1 thru 30 incl., Block 3, Lots 1 thru 32 incl., Block 4, Lots 1 thru 31 incl., Block 5, Lots 1 thru 14 incl., Block 6, Lots 1 thru 16 incl., Block 7, Lots 1 thru 37 incl., Block 8, Lots 1 thru 37 incl., Block 9, Lots 1 thru 34, incl., Block 10, Lots.1 thru 29 incl., Block 11, Lots 1 thru 19 incl., Block 12, Lots 1 thru 20 incl., Block 14, Lots 1 thru 10 gnclusive, Block 15, all in Country Club District, Fairway Section; Lot 10, Block 1, Arden Park 2nd Addition, Lot 1, Block 1, Arden Park 3rd Addition; Lots 1 thru 17 incl., Block 1, Lots 1 chru 13 incl., Block 2, Lots 1 thru 8 incl., Block -3, Lots 1 thru 23 incl., Block 4, Lots 1 thru 17 incl., Block 5, Lots 1 thru 18 incl., Block 6, Lots 1 thru 11 incl., and Lot 20, Block 7, Lot 12, Block 8, ,Lot 1, Block 9, Lots 1- thru 12 incl., and Lot 21, Block 10, Lots 1 thru 19 incl., Block 11, Lots-1 thru 28 incl., Block 12, Lots 1 thru 19 incl., Block 14, Lvts 1 thru 5 incl., Block 15, Lots 1 thru 3 incl., Block 16, all in Country Club District, Brown Section; Lots 4 thru 9 incl., Country Club District, Brown Section Rearrangement of North Part of Block 16. The area proposed to be assessed for the cost of the proposed Storm Sewer (Improvement No. P-ST.S.-128) under 4-A above includes Lots 1 thru 7, Tncl, Block 1, Hills 5th Addition. The area proposed to be assessed for the cost.of the proposed Storm Sewer (Improvement No. P-ST.S.-129) under 4-B above includes Lots 2 thru 15 incl., Block 1, and Lots 1 and 2, Block 2, Hyde Park Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-297) under 5-A above and the proposed Watermain (Improvement No. P-WM-268) under 61A above includes Lots 5 thru 15 incl., Block 1 and Lots 1 and 2, Block 2, Hyde Park Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No,PSS-298) under 5-B above and the proposed Water Main (Improve- ment No. P-WM-269) under 6-B above includes Lots 1 thru 7, incl., Block 1, Lots 1 thru 11 incl. 5th Additioni The area proposed to be assessed for the cost of the proposed Sanitary Sewer ' (Improvement No. P-SS-299) under 5-C above and the proposed Water Main (Imp- rovement P-TJM-271) under 6-D above includes Lots 1, 2 and 3, TWte Oaks 7th Addit ion. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-300) under 5-D above includes Lot 1, Block 3, Edenmoor Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-301) under 5-E above includes Lot 2, Block 1, Jones Park Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-302) under 5-F above includes Parcels 7860 and 7870, Sec. 32, T. 117, R. 21. The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-WM-270) under 6-C above includes Parcels 4210, 4400, 4800, 3200, 3810, 3801, 4600 and 4000, Sec. 31, T. 117, R. 21; and Parcel 545, Sec. 30, T. 117, R. 21. The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-WM-272 under 6-E above includes Tract "A" and part of Tract "Btl (Parcel 8020 R.L.S. 1126. The area proposed to be assessed for the cost of the proposed IJater Main (Improvement No. P-TJM-273) under 6-F above includes Parcel 200, Sec. 28, T. 117, R. 21. The area proposed to be assessed for the cost of the proposed Uater Main (Improvement No. P-UM-274) under 6-G above includes Lots 1 thru 8' incl., Danijohn's Addition. The area proposed to be assessed for the cost of the proposed Grading (Imp- rovement No. P-(2-110) under 7-A abo%e includes Lots 4 thru 14 incl., Block 1, Lot 1, Block 2, Outlot "C" and Outlot 'tDD" in Hyde Park Addition. Lots 1 thru 11 incl., Block 2, and Lofs 1 thru 6:incl:, Block 3, Braemar Block' 2 and Lots 1 thru 6 incl., Block 3, Braemar Hills .. - -. 7. Florence B. Hallberg Village Clerk . .. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were fbuz ayes and no nays and the resolution was adopted. THIELE ENGINEERING BUILDING EXPANSION PLANS APPROVED. Mr. Luce presented plans which.h'ad been revised by the Planner for the Thiele Engineering Building addition in the Planned Industrial Di'strict in Edina Interchange Addition. Councilman VanValkenburg's motion for approval of the plans, subject to sub- mission of landscaping plans and approval of such plans by the Council was seconded by Councilman Shaw and carried. I 5/3/71 t ELECTRIC RATE ANALYSIS REQUESTED OF N.S.P. Mr. Hyde recalled'that Northern 'States Power Company has filed'a rate increase for the Village with the earliest effective date to be June 1, 1971, add that at the last Council Meeting, the Village Attorney was asked to furnish an opinion as to* the regulatory pbhority of the Village 06 power rate increases. Mr. Erickson advised that the Village has no specific authority in the ordinance either to set or to agree on a date for the effective increase, nor-does it have any s'pecific authority to'delay the *increase until it has checked the reason- ableness of the proposed rates. Mr. Erickson recomn6nded that Northern States Power Cdmpany be asked to prove. that tEe proposed rates are reasonable prior to tlie effective date of the increase, but that it appears that there is no basic evidence available to determine whether the rates are reasonable or not. Mr. Hyde'advised that the Village has also been notified of an increase in rates for Braemar Ice Arena, Braemar East Ice Arena and the Mun'icipal Sewage Pumping Contract: which originated in the City of Columbia Heights in which it is suggested that Councils in the area gottogether- in requesting Northern States Powgr 'company to submit to a detailed rate analysis by pdrsons skilled in rate making and that the cost of the rate analysis be paid by Northern States Power Company. step in State regulation of utilities, and noted the possibility that Mr. -George Hess, who has been doing the work for the g6s 'alliaxke, could also work on electric rate information. following resolution and moved its adoption: He called Council's attention to the propose'd resolution Nr. Hyde added that he believes that thik might be the first Councilman Courtney then offered the RESOLUTION kELATING TO NORTHERN STATES POWER COMPANY ELECTRIC RATE INCREASE . WhEREAS, Northern States Power Company is the supplier of electric service in this- community; and TJIIEWAS, tlfe rates and charges Gf Northern States Power Company for' electric service are not subject to effective regulation on a state or regional level, but under the Village of Edina Ordinance No. 245 must be reasonable and not - 5n.excess of the electric rates and minimum charges effective in the City of Minneapolis; and WHEREAS, Northern States' Power Company has announced a general rate increase for electric service in the Village; and .WHEREAS, this Council believes that the basis for such increase should be subjected to a detailed analysis by persons skilled in utility tate making, to provide assurance to the Village and to other consumers of electricity that the rates and charges of Northern States Power Company are 'reasonable and not in excess of the electric rates and minimum charges effective in the City of Minneapolis; and WHEREAS, this Council believes that Northern States Power Company should be willing to submit to an examination of its rates and charges for such purposes; and, WIBAS, the costs of utility rate analysis incurred in behalf of the Rublic are customarily borne by the utility,being regulated; NOW, THEREFORE, be it resolved by the Village Council of the'village of Edina, Minnesota: of the proposed Northern States Power rate increase, with the costs of such analysis to be borne by Northern States Power Comp'any, to prove the reason- -ableness of the rates of Northern States Power and that they are not in excess of the electric rates and minimum charges effective in the City of Minneapolis, and that such analysis be made before said rate inc-rease becomes effective . ' 2. Company with the request for a response from Northern States Power-Company indicating whether or not they are willing to perqit and pay for such profes- sional 2ate analysis. 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. , 1. That this Council seek to obtain a detailed professional'analysis A copy of this resolution shall be sent to Northern States Power 9. OLD DINA LIBRARY PROPERTY DECLARED UNFIT FOR PARK OR LIBRARY PURPOSES; APPLI- CATION FOR APPROVAL OF SALE AUTHORIZED. Mr. Erickson recalled that the status of the old Library site is now being contested in Hennepin County District Court and that a motion of the Village for dismissal of the suit for failure to state a claim'for felief was recently denied. has two ways of resolving the lawsuit. One is to proceed with the present action to determine whe'theri a charitable trust exists, and if ,not, .-whether the releases are valid. The other is to begin a new action to seek a District Court Order that the property is not fit for park or library purposes and that He advised that the Village .- 5/3/71 t it should, therefore, be sold and the trust funds used to acquire other park property. to petition for a court order ’declaring the property unfit for.parlc and library purposes on the theory that a charitable trust does exist.’ Mr. Daniel Flory, 4614 Edgebrook Avenue,.was told by Mayor Bredesen that money from the - sale of the property iiould be used for purchase of additional park property. Mr. Flory expressed.the fear that a threat would.exist to neighboring property if the property is used for other than park or library purposes. Hurr, Chairman Avenue, Mr. and Mrs. TJ. G. Nisula, 4815 Maple’Road, expressed concern that the business area might encroach farther to the West. Mayor Bredesen said that he would not charge the rest of Edina property owners for the maintenance of the Library property and indicated that Council is not interested in the results of any poll which‘is conducted by anyone who is prejudiced. ing considerable discussion, Councilman Courtney moved that the Village Attorney’s recommendation be followed and offered the following resolution and moved its adoption: - RESOLUTION WHEREAS, by two deeds both dated December 31, 1953, the Village of Edina received title to two parcels of land in the Village described as follows: Mr. Erickson ’recommended that a separate action be started Mrs. Maland of the ‘Wooddale Grouptt, Mr. Bright Dornblaser, 4630 Drexel Follow- I That part of Lot 37, Auditor‘s Subdivision Number 172, Hennepin.County, Minnesota, according to the map orplat thereof on file and of record in the office of the Register of Deeds in and for said County, described as follows: Beginning on the South lipe of Lot 136, said Subdivision, 40 feet East of the Southwest corner thereof; thence West‘along the South line of said Lots 36 and 37.a distance of 165 feet to the actual point of beginning of the tract of land to be described; thence North parallel with the West line of said Lot 37 a distance of 150 feet; thence West parallel with the South line of said Lot 37 a distance of 140 feet to the West line of said Lot 37; thence South along the Nest line of said Lot 37 a distance of 150 feet to the Southwest comer of said Lot 37; thence East along the South line of said Lot 37 a distance of 140 feet to the point of beginning; That part of Lot 37, Auditor’s Subdivision Number 172, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County, described as follows: Beginning on the South line of Lot 36, said subdivision, 40 feet East of the Southwest corner thereof; thence North parallel with the IJest line of said Lot 36 a distance of 150 feet; &hence West parallel with the South line of said Lots 36 and 37 a distance of 255 feet to the actual point of beginning of the tract of land to be described; thence North parallel with the West line of said .Lot 37 a distance of 311.3 feet; thence Nest parallel with the South line of said Lot.37 a distance of 50 feet to the Nest line of said Lot 37; thence South along the West line of said Lot 37 a distance of 311.3 feet; thence-East parallel with the South line of said Lot 37, a distance of 50 feet to the point of beginning; and and ‘WHEREAS, the parcel first above described., by the deed conveying the same to .Edina, was restricted to park and library uses, and the parcel second above described, by the deed conveying the same to Edina, was restricted to park uses; and WHEREAS, there is constructed on the parcel first above described a building which was used as and for a library until the library was transferred to the new Village .Library Building in September, 1968, and which building is now vacant and unsuitable for use; and WHEREAS, the parcel second above describe’d has never been used -. for park pur- poses; and ‘IJHEREAS, because of the shape, size, topography and location of said parcels, the condition of the improvements thereon, and the construction of the new Village library facilities, said parcels are not presently or potentially fit for park or library uses; NOI?, THEREFORE, BE IT HEREBY RESOLVED by the,Council of the Village of Edina that : 1. for park and library purposes or for park purposes alone; 2. be used to acquire property within the Village for park purposes; 3. and directed to take all necessary action, including commencement of an action, for approval by the District Court of the sale and disposition of said parcels of land free of the use restrictions now imposed thereon, and to prosecute such action to a conclusion or until abandoned or terminated by the Village or the.Court;”the Mayor, Manager and Clerk are authorized and directed to sign, as required, such agreements, conveyances and documents as .. The above described parcels are hereby declared to be unfit for use The above described parcels be sold and the funds from such sale The Mayor, Manager, Clerk and the Village Attorney,.are instructed 5/3/71 may be necessary or advisable for such Court approval and sale of-said par- cels of land. . Motion for adoption of the resolution was .s&conded by Councilman Shaw and on rollcall there were fdur ayes and no'nays and the resolution was adopted. NE31 LIBRARY SALE NEGOTIATIONS AUTHORIZED. Mr. Hyde referred to statistics I furnished by Mr, Dalen for the.possible sale price of the new Library to the County, showing the proposed cash selling price at $600,000. Library to the County is proposed in view of the Attorney General's opinion that if the Village sets up its own library, it is still liable for County Library costs. secanded by Councilman Courtney and carried granting authority for negotiations with the-County for the sale of the,Library and land for $600,000. TOWNSHIP SYSTEM OF RELIEF CHANGE DEPLORED. 1097 which would abolish the township form of relief was opposed by Council and that the Suburban Hennepin County Relief Board has urged continual expression of objection by participating municipalities. burg's motion that the Village Manager send a telegram to Edina's Representa- tives and Senators opposing House File 1097 was seconded by Councilman Shaw and carried. Sale of the . I As recommended 'by Mr. Hyde, Councilman Shaw' s motion was Mr. Hyde'recalled that House File Councilman VanValken- CREEK DAY PROCLAIMED BY COUNCIL. resolutiqn proclaiming May 22, 1971, Creek Day and moved its adoption: Councilman Courtney offered the following RESOLUTION WHEREAS, Edina is interested in protecting and improving all phases of its environment; and WHEREAS, Nine Nile Creek is one of this Village's most worthy natural resources; and WHEREAS, knowledge of the Creek is an important facet to proper care and appreciation of the Creek; NOICI, THEREFORE, BE IT RESOLVED by the Edina Village Council that May 22, 1971, ~ be hereby proclaimed as Creek Day in the Village of Edina, and urge all Edina residents to take advantage of this opportunity to familiarize themselves with our creeks and their importance -ad benefits and beauty. Motion 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. LIQUOR FUND as of Ilarch 31, 1971, vas presented by Mr. Dalen, reviewed, and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried. CLAIMS PAID. kenburg and carried for payment of the following claims: General Fund, :: . : $18,191.34; Construction Fund, $2,643.26; Park, Park Construction, Swimming, Golf, Arena, $8,234.16; Water Fund, $4,835.47; Liquor Fund, $119,945.57; Sewer Fund, $9,691-88; Total, $163;541.68. t Motion of Councilman Courtney was seconded by Councilman VanVal- The agenda having been covered, Councilman Shaw's motion for adjournment was seconded by Councilman Courtney .and cayried. Adjournment at 31:lO p.m. Village Clerk 0