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HomeMy WebLinkAbout19710517_regular1, $5 MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON ' MONDAY, MAY 17, 1971 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. MINUTES of May 3, 1971, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Johnson and aarried. MINNESOTA SAFETY COUNCIL AWARD PRESENTED. receipt of the Minnesota Safety Council Award which was presented to the Village of Edina in recognition of outstanding accident prevention performance in traffic 'safety education, enforcement and engineering. PUBLIC HEARINGS CONDUCTED ON NUMEROUS IMPROVEMENTS. 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 here- inafter recorded. Mr. Hyde advised Council. of the A. CONSTRUCTION OF POETLAND CEMENT CONCRETE CURB AND GUTTER AND ASPHALT CON- CRETE OVERLAY WITH SEAL COAT (INCLUDING WATER SERVICE REPLACEMENT) IN THE FOLLOWING : (P-BA-168) Sunnyside Road from the East line of Block 2 of Country Club District, Grimes Avenue from Sunnyside Road to the North line of Sec. 18, T. 28, R. 24 Arden Avenue from W. 50th Street to Sunnyside Road Bruce Avenue from N. 50th Street to Sunnyside Road Casco Avenue from Country Club-Road to Sunnyside Road Drexel Avenue from Country_Club Road to Sunnyside Road Edina Blvd. from Country Club Road to Sunnyside Road Moorland Avenue from Country Club Road to Sunnyside Road Bro.r;indale Avenue from Country Club Road to I?. 44th Street Edgebrook Place Country Club Road from Arden Avenue to the South line of the N% Sec. 18, Bridge Street from Arden Avenue to Minnehaha Creek Mackey Street from Sunnyside Road to North line of Country Club District, Mr. Hyde recalled that in 1970 the Council had ordered a trial removal of curbing and a gradual grading of the boulevard to the street on the North side of Sunnyside Road between Wooddale Avenue and Browndale Avenue and on both sides of Bruce Avenue between Bridge Lane and Country Club Road, to see if residents would prefer khis type of construction rather than a curbing. This jmproveinent has not been installed because petitions had been submittbd in opposition to this tpP$1 and it was felt that there was no point in incur- rhg needless expense. Mr. Hyde presented total estiFated construqtion cost at $621,570.93, half of. which Is proposed to be assessed against adjacent pro- perty owners at $8.32 per assessable foot. posed to be paid from General Funds-, wfth the water replacement proposed to be paid from'SJater Funds; horticulturist retained by the Village in the ~ummer'.of -1970,- after the side?- walks were installed, had indicated that any damage to boulevard treeq caused by sidewalk repair might not be apparent 'until 1972. Dr. H. J. Zahalka, 4900 Sunnyside Road, said that two of his boulevard trees had died following side- walk repair. Mr. Richard Reece, 4601 Browndale Ave., also expressed concern about the trees as did Mr. George Adamovich, 4610 Bruce Ave. Mr. Edward M. Denn, 4615 Edina Blvd., ufged that the advice of the horticulturist be followed. Mayor Bredesen pointed out that many residents felt that, because of the deterioration of curbs in the area, repair should be done before that time. In view of the age of existing trees,'Mayor Bredesen suggested planting new boulevard trees so that they would have a chance to grow before something - happens to the original trees. minutes of September 21, 1970, and reiterated that 'Council is deeply' concerned with saving the boulevard trees. In reply to a question of Mr. Robert Dever; eaux, 4600 Moorland Ave:, Mayor Bredesen explained the Village policy for assessing corner lots whereby the property owner pays for the full cost on the front side in addition to one-third of the side yard frontage. He added that, .under the assessment policy, the remaining two-thirds of the side yard footage would be added to the-entire project. An unidentified gentleman in the audience suggested extending islands in the area so as to discourage " traffic. Traffic Safety Committee but that he feels that the public'should be entitled to use all streets in the Village. Sunnyside Road, Mayor Bredese? said that there is no record of speed violations Fairway Section to 'Highway 100 T. 28, R; 24 . Brown Section. The remainder of the cost is pro- Mr. -Ralph Tully, 4619 i3ruce Ave. , recalled that the As requested, Mayor Bredesen'read from the Mayor Bredesen said that this proposal could be referred to the In response to a complaint of traffic on 5/17/71 ;'a. that street, gent on the grounds that it was an unnecessary expense. fr6m Mr. David S. Patten, 4617 'Nest Woodland Road, and Mr. James Jundt, 7021 Lanham Lane, on the proposal to pay half of the cost of the improvement from General Funds. They were told that some time ago Council had established a policy whereby one-half of all replacement costs would be paid from General Funds. Mr. Hyde said that this is the first real repair with which the com- munity had been faced. He added that property values in the entire Village drop when curbings; streets and sidewalks fall into disrepair and €or.this reason it is felt that payment of a portion of the cost of repairs from General Funds is justified. Councilman Johnson stated for the record that he had initially opposed the policy of using General Funds for repairs and that the property owner should pay the entire cost of any improvement to his property. Mr. Frank Thorpe, 4613 Edina Blvd., suggested the possibility of contacting Rockville Center, New York, to see how they replaced sections of curb and gutter without injuring ttees. were Mr.'Wm, $1. Steinke, 4520 Browndale Ave., Mrs. M. C. Hurr, 4603 Browndale - Ave., and three unidentified gentlemen. Ave., said that Council should be guided by the tacid approval of the many property owners who did not attend the meeting. Mr. Hyde noted receipt of' petitions from owners of property in the 4600 block of Bruce Avenue and the even side of Sunnyside Road between 4306 and 4506 which reflected a variety of opinions as to action desired. Letters from Mrs. H. C. Utley, 4604 Brown- dale Avenue, J. A. Huny, 4306 Sunnyside Road and NrG Lee Potter objecting to -the improvement .were'.noted as were lettlers favoring the improvement from Miss Mercedes Mackall, 4910 Arden Avenue and Nr. Allan G. Odell, 4903 Bruce Avenue. Mrs. Robert Henson, 4509 Browndale Avenu?, mas told that the treat- . ment of the wall in front of her house would have to be worked out. Mr. Charles J. Trudeau, 4512 Casco Avenue, said that his house has had two sewer back-ups in the past three years and questioned replacement of sanitary sewers in the area. Mr. Dunn said that, with proper maintenance, sewers in the area should last indefinitely. but that the Village maintains a fairly constant cleaning of the sewers but that'there are some isolated areas that do have problems. there is sometimes a problem with s&Om water in the area. Valkenburg, in view of the recommendation of the horticulturist that nothing be done until 1972 so that Wooddale Avenue trees can be observed, moved that the project be denied and not brought back until 1972, tfiat Rockville Center, New York,be contacted for information on its curbqreplacement, and that if the matter is to be brought to hearing in 1972 it be done early enough so that work could be done in 1972. and cartied. B, ' CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOUOWING (P-BA-185): VZS%&y View Road from Rosemary Lane to West 66th Street; and CONSTEUC3XON OF SIDEZEiXLK IN THE FOLLOWING: East side of Valley View Road from West 66th Street to West 68th Street Kr. Lee Potter, 4610 Browndale Avenue, objected to the improve- - Objections were heard Others objecting to the proposed improvement Mr. Paul A. Laederach, 4633 Bruce .. Mr; Hyde added that the sewers are small Mr. Dunn said that SIouncilman Van Motion was seconded by Councilman Courtney Mr. Hyde presented estimated project cost at $235,022.31, $39,952.92 of which is proposed to be assessed against 3,329.41 assessable feet at $12.00 per assessable foot, with the estimated balance of $195,069.39 proposed to be paid from State Aid Funds, and noting further that back lots are proposed to be assessed for one-third of their footage. Mr. R. F. Trocchi, 5900 Chapel Drive, was assured that houses backing to Valley View Road would be assessed for one-third of their footage. Mr. C. H. Morrison, 5712 Grace Terrace ob- jected to the proposed iirrprovement 09 the grounds that the cost is too high and that there is no reason for the. sidewalk. He was told by Mr. Dunn that the Traffic Safety Committee had made this recommendation because school children will be walking to school along Valley View Road. In reply to a question from the audience, Mr. Dunn said that ik.iZ'progosed1 tha&'tfie;Vkllage niIlplhtJ the sidewalk and that the cost will be paid by State Aid #Funds, Mr. W. C. Kelly, 5801 Creek Valley Road, said that he objected to the sidewalk because he was afraid he would lose some df hi& trees. ing the school bus schedule so that children would not have to aalk along Valley View Road to go to and from school. View Road, urged that the sidewalk be constructed on the West side-ff Valley Jay Diebola was told that-the reason that this proj$ct was proposed at this time is because of the construction of the new high school and that the cost of construction of a service road parallel to the Crosstown Highway between Gleason Road and Tracy Avenue would be very high. Mr. Robert Johnson, 5809 Creek Valley Road, was told that there is no anticipation of speed limit on Valley View Road and that the curbing should prevent cars from going into his yard. Road had never been assessed for street improvement before. I- He suggested expand- f4r. R. J. Howells, 6725 Valley .View Road so that children would only have to cross the street once. Mr, An unidentified gentleman was told by Mayor Bredesen that Valley. View:-. Mr. Douglas 5 / 17 /Ij 1 Kirchner, 5728 Susan Avenue, Mr. James McManus, 5828 Creek Valley Road, Mr. C. W. Thorson, 5829 Creek Valley Road, Mr. Diebold and the property owner at Grace Terrace and Valley View Road questioned the width of the pro- posed street, as well as the possibility of constructing the sidewalk immedi- ately adjacent to the street. children, it was decided that it would be safer to install a boulevard between the street and the sidewalk. installing utility lines underground. Councilman Johnson suggested installing the sidewalk on the West side of the street and aligning the street so as to .avoid taking any of the trees, if possible. Mr. Hyde assured property owners that the Village will do more detailed engineering before bids .are taken and residents will be notified and have an opportunity to appear and see whether they are pleased with the alignment of the road. Residents were told that if it is necessary to relocate trees or bushes located on their private property that theacost would be added to the total cost. of the improvement. Council- man Johnson's motion authorizing the. improvement, with the understanding that an attempt be made to align the street insofar as possible to avoid taking trees was seconded by Councilman Shaw and carried. Improvement later in Minutes.) Council also noted receipt of a letter from Mr. Albert Tusin, 5704 Creek Valley Road, expressing his concern for the "added safety hazard" which would be created and that he would in no way directly benefit from the improvement. C. Because the sidewalk will be used by school Some discussion ensued as to the possibility of (See Resolution Ordering CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOlJING : (P-BA-184) Warden Avenue from Tracy Avenue West to cul-de-sac Noting that a petition had been received requesting the improvement, Mr. Hyde presented total estimated project cost at $10,400.91, proposed to be assessed against 6 1/3 assessable lots at $1,642.23 per assessable lot and at $547.41 estimated cost per one-thi?d assessable lot. Mr. R. L. Rogers, 5708 Tracy Ave., was told that he would be assessed only fgr one-third of hisslot, phap two . catch basins would be installed and that the church would have a driveway and be.assessed for one lot. ment was seconded by Councilman Courtney and carried. D. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO, P-HM-271 IN THE FOLLOKING: E. The two hearings'listed under D and E above affecting the same property owners, hearings were conducted concurrently. Mr. Hyde presented total estimated project cost for Sanitary Sewer at $5,470.40, proposed to be assessed against 3 assessable lots at $1,823.46 per lot with a connection charge of $582.35 for connection to Sanitary Sewer 219 Lift Station. This would make an estimated total cost per assessable lot at $2,405,81. Mr. Hyde presented total estimated project cost of the waterma,in at $988.84, proposed to be assessed at $329.61 per assessable lot and $1,044.43 for comection-&arge:t6 Hatermain $1180, bring- ing the total assessment estimated to be $1,374.04 per assessable lot. 3udson C. Rogers, 4541 Meadow Road, was told that neighbors ;who had paid for the previous construction would have their assessment adjusted the last year of the assessment, to hook up to the sewer when it was originally installed. Mr. Hyde told Mr. Rogers thaf at the time of the original construction, Mr. Rogers had been living in the Village of Morningside-before it became a part of Edina. Johnson's motion authorizing the improvements was then seconded by Councilman Courtney and carri'ed. F Noting that iihis hearing.is being called cas a result of the p,roposed reconstruc- tion of County Road 158 which necessitates the installation of a portion of this proposed project to avoid future disturbance of the new construction, Mr. Hyde presented total estimated project cost at $18,064.79, proposed to be assessed against eight assessable lots at an estimated cost of $2,258.10 per lot. Mr. Robert G. Shulze, 5521 Goya Lane, was told that water would be stubbed into the center of Goya Lane and that watermain would not be required down Goya Lane unless the wells should be polluted. Mr, R. E. Olive, 5509 Goya Lane, agreedithakithe water should be stubbed in but said that it was foolish to go further at this time. that if trouble should develop with their wells, it would probably be several months before watermain could be installed. Lane, was told that resurfacing Goya Lane had been includednin the cost of the proposed watermain. the stub only. remain good and the possibility of increased cost if the improvement should be Councilman Johnson's motion authorizing the improve- (See Resolution Ordering ' Improvement later in Minutes,)' Cul-de-sac at North end of Meadow Road CONSTRUCTION OF SANITARY SEf?ER IMPROVEMENT NO, P-SS-299 IN THE FOLLOWING: - Cul-de-sac at North end of Meadow Road Mr. Mr. Rogers also complained that he had not had the opportunity Councilman (See Resolution Ordering Improvement later in Minutes) CONSTRUCTION OF WATERMAIN IMPROVEMENT P-IJM-27'4 IN THE FOLLOWING : Goya Lane from County Road 158 North to cul-de-sac 4. MIS Paul Ryan, 5508 Goya Lane, was told Mr. C. F. Roerber, 5513 Goya Mr, Dale Hanson, 5516 Goya Lane, urged construction of Discussion ensued as to the length of time that wells would delayed. with its well, they would not oppose construction of the watermain at that time. Following some discussion, Councilman Johnson moved that the improvement be authorized only to the extent of bringing a stub under Highway 158 to the South line of Goya Lane, but including a fire hydrant, and that the cost of this improvement be charged to the unallocated portion of the Construction Fund with the understanding that this cost will be added to the cost of the watermain at the time it is run down Goya Lane.some time in the future, Notion was seconded by Councilman Courtney and carried. later in Minutes.) (Later in the Meeting, it was agreed to charge 6% interest.) G. CONSTRUCTION OF WATERHAIN IMPROVEMENT NO2 P-IJM-272 IN THE FOLLOI?InY;: All neighbors present agreed that if one property should have trouble . (See Resolution Ordering Improvement Intersection of County Road No. 158 and Blake Road from existing main on North side to 95 feet South Mr. Hyde advised that this hearing is being called as a result of the proposed reconstruction of County Road 158 which necessitates the installation of this connection to avoid future distuEbance of the new construction. He presented total estimated project cost at $2,997.68, proposed to be assessed against 11-78 acres at an estimated cost of $254.47 per acre'. Mr, Harald Posnick, omer of Tract A, R.L.S. 1126, was given a clarification of the proposal by Mr, hnn, by Councilman Courtney and carried. later in Minutes,) H. Councilman Shawl s motion authorizing the improvement was seconded (See Resolution Ordering the Improvement CONSTRUCTION OF WATERMAIN IIPROVEMENT NO. P-FJM-273 IN THE FOLLOTJING: Intersection of County Road No. 158 and Villa Way from existing'main Qn South side to 60 feet North. Mr. Hyde advised that this hearing is being called as a result of the proposed reconstruction of County Road 158 which necessitates the installation of this construction to avoid future disturbance of the new construction. total estimated project cost at $3,318.22, proposed to be assessed against Parcel 200, Sec. 28, T, 117, R. 21. ment was seconded by Councilman Courtney and carried. I. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-300 IN THE FOLL(HJ1NG: He presented Mr. Shawls motion aut;horizing the improve- (See Resolution Ordering ' Improvement later in Minutes .) #5333 Vernon Avenue'(County Road No. 158) from existing sanitary sewer Mr. Hyde advised that this hearing is being called as a result of the pro- posed reconstruction of County Road 158 which necessitates the installation of : this construction to avoid future disturbance of the new construction. He presented total estimated project cost at $2,332.85,,proposed to be assessed against Lot 1, Block 3, Edenmoor Addition. No objections being heard, Council- man Shaw's motion was seconded by Councilman Courtney and carried authorizing the improvement. J. CONSTRUCTION OF SANITARY SEWER NO. P-SS-301 IN THE FOLLOWING: manhole on North side of Vernon Avenue at Villa Way I (See Resolution Ordering Improvement later in Minutes .) #5401 Vernon Avenue (County Road*No. 158) from existing sanitary Sewer Mr.-Hyde advised that this hearing is being called as a result of the proposed reconstruction of County Road 158 which necessitates the installation of this construction to avoid future disturbance of the new construction. sented total estimated project cost at $1,'056.61, proposed to be assessed against Lot 2, Block 1, Jones Park Addition. No objections being heard, Council- man Shawls motion authorizing the improvement was seconded by Councilman Courtney and carried. K. CONSTRUCTION OF SANITARY SEWER IEPROVEMENT NO. P-SS-302 IN THE FOUOl7ING : - main on North side of Vernon Avenue He pre- (See Resolution Ordering Improvement later in Minutes.) Vernon Avenue (County Road No. 158) from existing sanitary sewer on South 5ide of Vernon Avenue to serve #5508 and #5516 Vernon Avenue Mr. Hyde advised that this hearing is being called as a result of the proposed reconstruction of County Road 158 which necessitates the installation of this construction to avoid future disturbance of the new construction. - sented totalve'stimated project cost at $9,497.60, proposed to be assessed against two assessable lots at an estimated cost of $4,748.80 per lot. Robert C. High, 5516 S. Vernon Avenue, opposed the improvement on the gmunds .that the assessment is confiscatory. He urged that the stub be run under County Road 158 and that installation of the completed system be withheld until such time as there is a need for it. Discussion ensued as to alternate routes for the sanitary sewer construction, Mayor Bredesen said that as soon as sewer is availabl?, the Village will insist that residents hook up to it, so that when Nkc High's system goes out, it is highly unlikely that he would be able to put in a new system. Following some discussioq Councilman Shaw's motion approving construction of a stub only, with the cost to be paid from the unallocated portion of the Construction Fund, but with 6% interest to be added to the cost at the time the construction is extended, was seconded by Councilman Courtney and carried. It was decided at this time that Watermain Improvement 274 should also be charged 6% in the same manner. Ordering Improvement later in tfinutes.) He pre- Mr. (See Resolution 5/17/71 f4 L d w A &g II L. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-IM-270 IN THE FOLLOTJING: Mr. Hyde presented total estimated project cost at $133;803.38, proposed to be assessed against 2,696,748 assessable square feet at $0.0496 per assessable square foot. Mr; Richard E. Kremer, owner of Parcel 4000, Sec. 31, T. 117, R. 21, asked that the property to the south also be assessed for the cost of this watermain inasmuch as they will be served from it at the time water is installed in their area. Mr. Dunn said that it is proposed that the proposed watermain be considered a "sub trunkg' and'when extended to the South, these peopae will pay their share for the-watermain in that area. was showed the area under consideration. Mr. Ray Drake of Rauenhorst Corp. urged construction of the improvem&t as soon as possible. were heard, whereupon Councilman Courtney's motion authorizing the imptovement was seconded by Councilman VanValkenburg and carried. Improvement later in Minutes .) M. CONSTRUCTION OF SANITARY SEWER P-SS-298 IN THE FOLLOWING: N . 0. Lincoln Drive from Telemark Drive South to Fabri-Tek, Inc, Mr. Ha&ey Hansen No further. comments (See Resolution Ordering All streets in Braemar Hills 5th Additkon CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. 0 P-T@l-269 IN THE' FOLLOIJING : ,All 'str'eets in Braemar Hills- 5th 'Addition CONSTRUCTION OF STORM SEWER IMPRQVEBIENT NO. P-ST. S . - 128 IN THE FOLLOIJING : Tupa Drive from Gleason Road to East line of Braemar Hills 5th'Addition Scotia Drive from Tupa Drive to 105' West ' I Q. R. S. T. U. V. Easement line, between Lots 5 and 6, Block 1, Breemar Hills(!j& Ld.d.S&~xi~-.~ P-BA-183 IN THE FOLLOMING: . Tupa Drive from Gleason Road North to East line of Braemar Hills 5th Addition Scotia Drive from West line of Braemar Hills 5th Addition to Tupa 'Drive Tupa Circle from Scotia Drive to South line of Elm View 1st Addition 872/71 Minutes$ ' P. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. Improvements listed under M, N, 0 and P abave affecting the same properties,- public hearings were conducted concurrently. Mr. Hyde presented total estimated project cost for Sanitary. Sewer- P-SS-298 at '$37,315.48, ,proposed to be assessed against'24 assessable lots at an estimated cost'of $1,554.81 per lot. project cost for Watermain Improvement P-NM-269 was given by Mr. Hyde at $26,504.24, proposed to be assessed against 24 assessable lots at an estimated cost per assessable lot of $1,104.34. Total project cost for Storm Sewer Improvement P-ST.S.-128 was given-by Mr. Hyde at $27,568.03, proposed to be assessed against 24 assessable lots at $1,148.66 estimated cost per assessable lot. Mr. Hyde presented total estimated project cost for Street Improvement P-BA-183 at $30,745.85, proposed to be assessed against 2,658.71 assessable feet at an estimated cost of $11.56 per assessable foot. projects have been petitioned and that Developer's Agreement has been signed. No objections were heard, whereupon Councilman Johnson's motion authorizing the improvements listed under M, N, 0 and P was seconded by Councilman Van Valkenburg and carried. Total He added that these (See Resolution Ordering Improvements later in Minutes.) CONSTRUCTION OF SANITARY SEWER IMPROVmNT P-SS-297 IN THE F0I;LOI;IING: 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 CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-ItQF26 8 IN THE FOLLOWING : 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 CONSTRUCTION OF STORM SEWER IMPROVEdNT P-ST . S . - 129 IN THE FOLLOWING : (Minutes Gleason Road from Dewey Hill Road to South line of Hyde Park Addition . Bonnie Brae Drive from Gleason Road to East line of Hyde'Park Addition CONSTRUCTION OF PERMANENT STREET SURFACING ANI) CONCRETE CURB* AND GUTTER IMPROVEMENT NO. P-BA- 182 IN THE FOLLOWING : Gleason Road from' Dewey Hill -Road to South Line of Hyde Park CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-181 IN THE FOLLOWING: 1 Bonnie Brae Drive from Gleason Road Easterly to the East line of Hyde Park CONSTRUCTION OF GRADING IMPROVEMENT NO. P-C-110 IN THE FOLLOWING: Gleason Road from Dewey Hill Road to South line of Hyde Park Addition Improvements listed under Q, R, S, T, U and V affecting the same properties, hearings were conducted concurrently. Noting that Developer's Agreement has been signed, Mr. HydeTpresented total estimated project cost for Sanitary Sewer P-SS-297 at $23,910.21, proposed to be assessed against thirteen assess- able lots at an estimated cost of $1,839.25 per assessable lot. mated project cost for Watermain Improvement No. P-WM-268 was given by Mr. Hyde at $19,903.41, proposed to be assessed against thirteen assessable 3ots at $1,531.03 per assessable lot. against sixteen assessable lots at an estimated cost of $1,014.31 per assess- Total esti- Total estimated project cost for Storm Sewer ' Improvement P-ST.S.-129'was given at $16,229.02, proposed to be assessed able lot. Total estimated project cost for Street Improvement P-BA-182 was given at $57,688.90, proposed to be assessed against 2,669.6.0 estimated assessable feet at $l2,00 which-is the standard amount paid by property owners on State Aid Streets, posed to be paid-from‘State Aid Funds. Street Improvement P-BA-181 was given by Mr. Hyde at $4,288,06, proposed to be assessed against 431.05 assessable feet at an estimated cost of $9.95 per assessable foot. Total estimated project cost for Grading Improvement P-C- 110 was given by Mr, Hyde at $152,124.84, $130.768.04 of which is proposed to be paid from State Aid Funds. assessed, it,is proposed to-assess 2,669.60 estimated assessable feet at an estimateckcost of $8-00 per assessable foot. of these improvements be authorized. Councilman VanValkenburg then offered the following resolution and moved its. adoption: $25,653.70 of -the total estimated project cost is pro- Total estimated project cost for Of the $21,356.80 estimated cost to be Mr. Ed Johnston urged that all RESOLUTION ORDERING INPROVEMENTS NOS. IJM-268, m-269 , mi-270 , GJM-27 1, IW-272 , IilM-273 , la-274 SS-297, SS-298, SS-299, SS-300, SS-301, SS-302 BA-181, BA-182, BA-183, BA-184, BA-185 ST.S.128, ST.S.-129, ANDG-110 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notjce of hearing to be duly published-and mailed to owners of each parcel wrthin the area proposed to be assessed on the following proposed improvements: 1. 2 ~. 3. 4. 50 6. 7. 8. 9. 10. If. 12. 13 14. 15. 16. 17. 18.. 19 . CONSTRUCTION OF PEDfANENT STREET SURFZING AND CONCRETE CURB ANI) GUTTER BA-185 IN THE FOLLOIJING: Valley View Road from Rosemary Lane to West 66th Street CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER BA-184 IN THE FOLLOWING: Warden Avenue from Tracy Avenue West to cul-de-sac CONSTRUCTION OF WATERMAIN IMPROVEMENT 6JM-27 1 IN THE FOLLOIJING : Cul-de-sac at North end of Meadow Road CONSTRUCTION OF SANITARY Sm?ER IMPROVEMENT SS-299 IN THE FOLLOSJING: Cul-de-sac at North end-of Meadow Road CONSTRUCTION OF IIATEDMN IMPROVEMENT WM-274 IN THE FOLLOIJING: Goya Lane from*County Road 158 North. to culAde-sac CONSTRUCTION OF WATERMAIN IMPROVEMENT mi-27 2 IN TJE FOLLOWING : Intersection of County Road No. 158 and,Blake Road from existing*main on North side to 95 feet South CONSTRUCTION OF .I.JATED~N IMPROVEMENT im-273 IN THE FOLLONING : CONSTRUCTION OF SANITARY SEWER IMPROVEMENT ‘ss-300 IN. THE FOLLOIJING : * Intersection of County Road No. 158 and Villa Vay from existing main on South side to 600 feet North #5333 Vernon Aveque (County Road No. 158) from existing sanitary sewer CONSTRUCTION OF SANITARY SEIJER IMPROVEMENT SS-301 IN THE FOLLOklIhy3: #5401 Vernon Avenue (County Road No. 158) from existing sanitary sewer main on North side of Vernon Avenue CONSTRUCTION OF SANITARY SEI?ER IMPROVEMENT SS-302 IN THE FOLLONING: Vernon Avenue (County Road No. 158) from existing sanitary sewer on South side of Vernon Avenue to serve #5508 and #5516 Vernon Avenue manhole on North side of Vernon Avenue at Villa Bay . CONSTRUCTION OF WATERMAIN IMPROVEMENT TJM-270 IN THE FOLLOWING: Lincoln Drive CONSTRUCTION OF SANITARY SEWER IMPROVEMENT SS-298 IN THE FOLLONIXG: All streets in Braem+r.Hills 5th Addition CONSTRUCTION OF T?ATER3fiIN IMPROVEMENT WM-269 IN THE FOLLOWING : All streets in Braemar Hills 5th Addition CONSTRUCTION OF STORM SEWER IMPROVEMENT ST.S.-128 IN THE FOLLOWING: Tupa Drive from Gleason Road to East line of Braemar*Hills 5th Addition IN THE FOLLOWING: Tupa Driv.e from Gleason Road North to East line of Braemar Hills 5th Scotia Drive from Vest line ?f Braemar Hills 5th Addition to Tupa Drive CONSTRUCTION OF SANITARY SETJER IMPROVEMENT SS-297 IN THE FOLLCX?ING: 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 CONSTRUCTION OF IJATERMAIN IMPROVE~I~LNT WM-268 IN THE FOqOWIhG : Gleason Road from Dewey Hill Road to South li?e of Hyde Park Bonnie Brae Drive from Gleason,Road Easterly to the East line of Hyde Park CONSTRUCTION OF STORM SPIER INPROVEMENT ST . S . - 129 IN THE FOLLOl?IISG : Gleason Road from Dewey Hill Road to South line of Hyde Park.Addition Bonnie Brae Drive from Gleason Road to East line of Hyde Park Adqition CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT BA-182 IN THE FOLLOWING: from Telemark Drive SouthYo Fabri-Tek, Inc. CONSTRUCTION OF PERMANENT STRF-ET SURFACING AND CONCRETE CURB AND GUTTER Addition 5 5/17/71 15 1 { Gleason Road from Dewey Hill Road to South line of Hyde Park CONSTRUCTION OF PERMANENT STmT SURFACING AM)-CONCRETE CURB AND GUTTER IN THE FOLLOYING: Bonnie Brae Drive from Gleason Road Easterly fo the East line of Hyde Park CONSTRUCTION .-OF -GRADING IMPROVEMENT C- 110 IN TKE FOLLOWING : Gleason Road from Dewey Hill Road to South.line of Hyde Park Addition and at the hearings held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent ?acts does hereby determine to prokeed with the construction of said improvemenjx, except that Idatemain Improvement r.lM-274 and-Sanitary Sewer Improvement SS-302 are to be constructed only under County Road No. 158 (Vernon Avenue) at this time leaving stubs, so that the projects can be completed at a later date; cost of construction for,SS-302 and %I'M-274 is to' be paid from the unallocated portioeo,o{ t&etfignstruction Fund and to be added, with 6% annual interest; to t+e/total improvements at the time they arecompleted, including all proceedings which may be necessary in eminent qomain for the acquisition of necessary easements and rights for construction and maintenance, of such improvements; designated and shall be referred to in all subsequent proceedings as follows: 20. . 2 1. that said improvements are hereby - . No. NO No. WO ': No. No. No ; No. No. No. No. No. NO No. * NO. No. No. No. No. No. NO 1 Above 2 Above 3 -Above 4 AbQve 5 *Above 6 Above 7 Above 8 Above 9 Above 10 Above 11 Above 12 Above 13 Above 14 Above 15 Above 16 Above 17 Above 18 Above 19 AljOVB '20 Above 21 Above 1' STREET IM&ROVEMENT BA- 185 STBEET IMPROYEMENT .BA- 184 IJATERMAIN IMPROVEMENT 'c.JM-27 1 SANITARY SEWER SS-299 WATERMAIN IMPROVEMENT IJM-27 4 I'ATERMAIN IMPROVEMENT TJM..272 FJATEWIN IMPROVEMENT IJM-273 SANITARY SEWER SS-300 SANITARY SEVER SS-301 SANITARY SEWER SS-302 IJATERMAIN IMPROVEMENT tlM-270 SANITARY .SEWER SS-298 IlATER$IAIN IEIPROVEMENT F?M-269 STORM SEWER IMPROVEMENT ST.S.-128 STREET IMPROVEMENT BA- 183 SANITARY SEWER SS-297 WATERMAIN IMPROVEMENT WM-268 STORM SENER IMPROVEMENT ST. S .-I29 STREET IMPROVEMENT BA-182 STREET IMPROVEMENT BA-181 GRADING INPROVZMENT C-110 (See 8/2/71 Minutes) (See 8/2/7 1 Minutes) and the area to be specially assessed for Street Improvement BA-185 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, Scok- land Heights; Lot 17, Block 2 and Lots 10 thru 17 incl., Block 3, Creek Valley Addition; Lot 13, Block 2, The Heights Addition; Lot 8, Block 3, and Lot 11, Block 4, The Heights 4th Addition; Lots 3 and 4, Block 1, Lots 5 and 6, Block 2 and Lot 7, Blodk 3, The Heights 5th Addition; and Parcel 1800, Sec. 5, T. 116, R. 21; the area proposed to be assessed for the cost of Permanent Street Surfacing and Concrete-Curb and Gutter Improvement No. BA-184 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, 'Narden Acres; the area pmposed to be assessed for Vatermain Improve- ment UM-271 and Sanitary Sewer Improvement SS-299 above includes Lots 1, 2 and 3, White Oaks 7th Addition; Platermain Improvement TJM-274 above includes. Lots 1 thfu 8 incl., Dani john's Addition; ment TJM-272 .includes Tract "A" and part of Tract "B" (Parcel 8020) R.L.S. 1126; the area propose4 to be assessed for the cost of Watermain Improvement WM-273 includes Parcel 200, Sec. 28,'T..117, R. 21; the area proposed to be assessed for the cost of Sanitary Sewer Improvement SS-300 includes Lot I, Block 3, Edenrnoor Addition; the area proposed to be assessed for the cost of Sani- tary Sewer Improvement SS-301 includes Lot 2, Block 1, Jones Park Addition; the area proposed to be assessed for the cost of Sanitary Sewer Improvement SS-302 above includes Parcels 7860 and 7870, Sec. 32, T. 117, R. 21; the ' area prop-osed to be assessed fo; the cost of Watermain Improvement IJML270 .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 Sbitary Sewer Improvement SS-298 and Watermain Improvement l?M-269 above includes 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 Storm Sewer Improvement ST.S.1128 above includes Lots 1 thru 7 incl., Block 1, Lots 1 thru 11 incl., Block 2, and Lots 1 thru 6 inclusive, Block 3, Braemar Hills 5th Addition; the area proposed to be assessed for the cost of the area proposed to be assessed for the cost of Watermain Improve- 5/17/71 The area proposed to be assessed for the cost of Street Improvement BA-183 above includes Lot 4, Block I, 3iiid:Iioe 1, Block.2, Braemar Ells 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 Sanitary Sewer Improvement 297 and Watermain VM-268 abovB includes-Lots 5 thru 15 incl., Block 1 and Lots 1 and 2, Block 2, Hyde Park Addition; ment ST.S.-129 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 Permanent Street Surfacing and Concrete Curb and Gutter Improvement No. BA-182 above includes Lots 4 thru 14 incl., Block 1, Lot 1, Block 2 and Outlots Vt and.', "D", Hyde Park Addition; the area proposed to be assessed for the cost of Permanent Street Surfacing and Concrete Curb and Gutter Improvement BA-181 . 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 Gkadfng-- Improvement C-110 above includes Lots 4 thru' 1.4 incl., Block 1, Lot 1, Block 2, Outlot "C" and Outlot W' in Hyde Park Addition. Motion for adoption 0-E the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the rebolution was adopthd. ORDINANCE NO. 811-Al0 GRANTED FIRST READING. Mr. Luce presented Ordinance No. 811-A10 for First Reading, noting that this ordinance had been held over fromMay 3, 1971, so that 4 study could be made to determine how many garages the area proposed to be assessed for the cost of Storm Sewer Improve- . are vacant. and had been told that they felt that requiring one parking spaces in apartment area's would encourage two or even three'bedroom apartments, thus making a nicer apartment development. Mr, Euce quotwJ the fikure of 1.8 cars per luxury apartment in the Twin City area and,/fEerefore, it is reasonable to require 1% garages per unit. that he had checked with apartment owners and had found that it is 'difficult to keep even one garage rented for each apartment unit. that inasmuch as many people in Edina do not want apartments at all', restrict- ion" to luxury apartment might be the answer. said that he had made an-incomplete survey and that of the people lfe talked with, there was only one building that had 1:.5 enclosed garages that is using all of their stalls. He cited examples, noting that the Broolcside "apartments &e' renting their stalls for storage, apartment buildings on Parklawn have not beeqable to rent one for one parking stalls unless the cost was included in the rent and that Harold DUOUS' building is the only one that is close to renting'zode--for: one. He added that one-half stall per unit which xiill remain' on the surface is not adequate to handle the cars of the people who have gar- ages but who do not use them. He suggested that the Village should encourage screening parking lots. parking Fequirements would.encourage open space and condominium type apartments, as well as larger developments. Mayor Bredesen said that he had checked with managers and caretakers of four apartment buildings and was told that-they can- not fill even one parking stall twelve months of the year, and added that the' apartment owners are entitled to an economic return on their investment. Councilman Johnson said that he believes that this proposai is consistent: with . the stand tak& by Council on single family parking requirements. Messrs ,,Harold Posnick, Frantz Klodt and Harvey Hansen, contractors who are proposing to build apartment buildings in the Village said that the market doesn'g demand the enclosed parking proposed and that they would rather see a good apartment that is rented and kept up well than to have a greater vacancy factor and not keep- the property up. Mr: Howard Christenson, 5928 Oaklawn Avenue, suggested that in the future even fewer garages will be needed and that retired people who often live'in apartments do not have more than one car as a ggneral rule. Mayor Bredesen suggested that there might be some relation between the number of bedrooms in an apartment to the number of enclosed parking stalls.. Follow- ing considerable discussion, Councilman Shawl s motion that the. matter of .enclosed parking units in the Multipls Residence District be returned to the Planning Commission and that Mr. Luce recite as many of Council's comments as possible was seconded by Councilman Courtney and carried. suggested that the various contractors' in attendance at this Counc'il Meeting attend the'next Planning Commission Meeting .and offer their opinions at that time. controversial portion of the ordinance for First Reading as follows : Mr. Luce said that he had contacted several consulting'firms and one-half enclosed Councilman Johnsoh said Mr; Courtn'ey said Mr, 17illiam Reiling o'f Eberhardt, Mr. Luce pointed out that increasing the enclosed ' Mr. Shaw also As recommended by Mr. Luce, Councilman Shaw then offered the non- *ORDINANCE NO. 811-AlO AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY-CHANGING THE PARKING REQUIREMENT IN THE NULTIPLE RESIDENCE DELETING RESIDENTIAL USES IN THE COMMERCIAL DISTRICTS, COMMERCIAL DISTRICT AND BY AND IN THE PLANNED RESIDENTIAL DISTRICT, BY BY REDEFINING THE KIDS OF HOTELS &ID MOTELS PERMCTTED IN THE* ADDING A DEFINITION OF "APARTMENT BUILDING" 5/17/71 THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Pa'rking Requirements in ftluitiple Residence District. The first stmtence of paragraph 7 of Sec. 4 CMultiple Residence District) of Ordinance No. 811 is hereby amended to read as follows: tnultiple residence dwelling at least one completely enclosed parking space. and one exposed parking space for each dwelling unit in the multiple residence dwelling, except that in the R-2 District there shall be provided two completely enclosed parking spaces for each dwelling unit," Subparagraph (b) of paragraph 6 of Sec. 5 (Planned Residential District) of Ordinance No. 811, as amended, is hereby amended to read as follows: "7. Parking. There shall be provided on the site occupied by the Section 2. Parking Requirements in Planned Residential District. "(b) Minimum number of parking spaces required: (1) All residential dwelling units except apwtment buildings: two enclosed spaces for each dwelling unit. (2) All apartment buildings: one and one-half completely enclosed parking spaces and one-half exposed parking space for each dwelling unit. (3) Other permitted uses: parking spaces shall be provided as required by paragraph 5 of Sec. 3 of Ordinance No. 811." Section 3. Deletion of Residential Uses as a Permitted Use in I the Commercial District, Sec. 9 (Commercial District) of Ordinance No, 811; The following provisions are hereby deleted: (a) Sentence (7) of subparagraph (b) of District C-1 of paragraph 4 of (b) Subparagraph (a) of District C-1 of paragraph 5 of Sec. 9 (Com- (c) Subparagraph (a) of District C-2 and District C-3 of paragraph 5 Section 4. Redefinition of Hotels and Motels. Sentence (34) of sub- paragraph (a) of District C-2 of paragrzph 4 of Sec 9 (Commercial District of Ordinance No. 811 is hereby amended to read as follows: "Hotels and motels, provided that facilities for 'the storage or merkial District of Ordinance No. 811; of Sec. 9 (Commercial District) of Ordinance No. 811. preparation of food shall not-be permitted in individual units available for rent to the public." Section 5. Definition of "Apartment Building,". ' Section 11 (Definitions) of Ordinance No, 811 is amended by adding the following definition: ""Apartment Building" - A multiple residence building having not less than three dwelling units in a single buildiag with at least one dwelling unit occupying a different story or stories other than dwell- ing units in the same structure," Section 6. This ordinance shall be in full force and effect immediately upon its passage and publication. BID AWARDED FOR SOFT ICE CREAM MACHINE. Mr. Hyde presented tabulation of two bids received in response to Advertisement for Bids May 6 and in the Construction Bulletin on May 6 and 13, 1971. showed Taylor Sales, Inc., low bidder at $2,915.00 with Check Equipment, Inc. bidding $2,924.00. low bidder, Taylor Sales, Inc., was seconded by Councilman VanValkenburg and carried. in the Edina Sun on Tabulation Councilman Johnson's motion for 'award to recommended DR. FRANCES F, SCHAAR'S PROTEST against unsolicited advertising left on door knobs and in doorways was noted by Council. Mayor Bredesen said that he believes that action opposing such advertising would be controlling free enterprise and business operations. No action was taken. HJ3ARING DATES SET FOR VARIOUS ZONING MATTERS. As recommended by Mr. Luce, Councilman Johnson's motion was seconded by Councilman Shaw and carried, setting June 21, 1971, as hearing date for the following zoning matters: 1. 2. Lot 7, Block 1, Mirror Lakes Meadow Wood 2nd Addition to Edina Highlands - Lot Division Kremer Corporation Property,, - Zoning Change from R-1 Residential District to Planned Residential District 2 for property located North of Fabri-Tek, Inc., and East of Nine' Mile Creek I 3. Southeast Edina Plan Amendment %. 4. Western Edina Plan Amendment 5. Southwest Edina Plan AREA NO. 14 MINING PERMIT APPROVED. As recommended by Mr. Hyde, Councilman Johnson's motion approving a Mining Permit for area No. 14 which is located in the area north of IJ. 76th Street and West of York Avenue fnr-two.-y&ars for Dependable Excavating Company was seconded by Councilman Courtney and . carried. 5/17/71 EDENBROOK ACCESS DISCUSSION CONTINUED to June 7, 1971, by motion of Council- man Johnson, seconded by Councilman Courtney and carried. .. UT 6, -BtoGR 2, PARH13oOD- K?@LLSJ.~~I~~~~X~~ TL SSESS- - '- .&fENT;&J?BRf3Vl?3: lowing resolution and moved its adoption: As recommended by llr. Hyde, Councilman Coupney offe-red the fol- RESOLUTION BE IT RESOLVED that the Edina Village Council approve the assessment of a connection charge, in lieu of cash payment, over the remaining life of the original assessment of Watermain Improvement No. WN-168 at the rate of 6% for Lot 6, Block 2, Parlcwood Knolls 14th Addition. Notion for adoption of the resolution was seconded by CounciJman Johnson'and carried. AD HOC COMMITTEE ON ENVIRONMENT ESTABLISHED. attention to a request by a group of interested citizens for a Commission on Environmental Quality. Mr. John Telfer, 5717 Hawlces Drive, read a statement prepared by the group explaining purpose and a$ms of such a commission and urging favorable action of Council in the formation of such a commission. A representa,tive of the "Smokey the Bear Task Force" also urged the formation of a commission. flict with commissions and boards already set up within the Village. man Johnson said that it appears that the proposed commission is similar to a Natural Resources Commission already established in Bloomington. offered the following resolution and moved its adoption: BE IT RESOLVED that ehe Village 'council of the Village of Edina establish an Ad-Hoc Committee on Environment to determine the advisability and feasibility of establishing a Commission on Environment which would be advisory to the Village Council and to make recomaendations thereon to the Village Council. Such a Committee shall consist of a representative of the Village Councfl, '- a Eepresentative of the Village Planning Commission, a representative of the Village Park Board and interested residents of the Village of Edina. 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. Councilman Johnson indicated his willingness to serve on the Ad Hoc'Committee. Mayor Bredesen then appointed llr. Telfer chairman of the Committee and asked that he g5ve-naines of people who would be willing to serve to the Village Manager. Mayor Bredesen called Council's Discussion ensued as to whether such a commission would con- Council- He then RE-SOLUTION JOLLY GREEN GIANT SANDWICH SHOP BEER LICENSE APPROVED. Mr. Hyde presented the applicaticn of the Jolly Green Giant SandwiFh Shop located at 6800 France Ave. South for an On-sale Beer License, noiing that the application had been approved by the Health and 'Police Departments., Councilman Courtney's motion approving the license was seconded by Councilman VanVallcenburg and on rollcall there were five ayes and no nays and the application was approved. sc 'JEEP GRAH FIRE RIG AUTHORIZED. llr. Hyde advised Council that bids had been taken on the 1947 grass fire jeep and'that high bid of $830 had been made by Mr. Bower Hawthorne, can be obtained, whereupon Councilman Crwrtney's motion authorizing sale of the jeep as recommended was seconded by Councilman Shaw and carried, NORTHERN STATES POYER COMPANY RATE INCREASE STUDY CONTINUES. Mr. Hyde called Council's attention to a letter from-Nr, Harry T.J. Spell of Northern States Power Company noting that they will be gl'ad to cooperate with all communities wh&h desire a more detailed financial report and.information relative to thz proposed increase of electric rates. HI3TORIC PRESERVATION GRANT APPLICATION AUTHORIZED. thgt the Village had received a check for $1,000 from the State Historical Society for the Historic Parlc and requested authority to make application to H.U.D. for a grant of $47,455, the amount -of which grant, if approved,'would be matched by the Village. resolution and moved its adoption: Nr. Hyde recommended sale of the jeep if clear, title No action was taken, Mr . Hyde advised Council Councilman Courtney then offered the following *RESOLUTION OF APPLICANT AUTHORIZING FILING OF APPLICATION FOR HISTORIC PRESERVATION GRANT .- WHEREAS, Section 709 of Title VI1 of the Housing Act of 1961, as amended, pro- vides for the making of grants of Federal funds by the Secretary of Housing and Urban Development to State and local publkc bodies to assist in financing the acquisition of title to or other permanent interests in areas, sites and structures of historic or architectural value in urban areas, and in their restoration and improvement for public use and benefit, in accord with the 5/17/71 155 i s comprehensively planned development of the locality; and WHEREAS, the Village of Edina (hexein sometimes referred to as P*Applicant"), deems it necessary and in the public interest to undertake an historic pre- servation project (hereinafter called the "Pro jecttB) with Federal grant assistance to improve,.and restore certain property for historic preservation located in the Village of Edina, Hennepin County, Minnesota, described as Edina Historical Park Restoration Project;'and WHEREAS, title to or other permanent interests in said property have been pre- viously acquired by the Applicant except for two tracts of land owned by the State of Minnesota which will be transferred to the Applicant; and IJHEREAS, it is estimated that the cost of said improvement and restoration will be $94,910.00; NOW, TJBREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE: VILLAGE OF EDINA: 1. Development for a grant in an amount authorized by Section 709 of Title VI1 of the Housing Act of 1961, as amended, which amount is presently estimated to be $47,455.00, and that the Applicant will pay.the balance of the cost from funds available to it. .* 2. That the Mayor and Village Manager are hereby on behalf of the Applicant authorized and directed to execute and to file such application, and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the.Civi1 Rights,Act of 1964, to execute such contract or contracts as may be necessary for the grant applied for,to pro- vide such information and furnish such documents as may be required by the Department of Housing and Urban Development, and to act as the authorized correspondent and representative of the Applicant in the accomplishment of 3. development of the locality, and that, should said grant be made, the Applicant will retain, maintain and preserve said property for public use and benefit and for the historic preservation pruposes designated in said applica- tion and approved by the Department of Housing and Urban Development. 4, Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964 and with Federal Eequire- ments relating to equal employment opportunity. 5. Urban Development be, and they hereby are, assured of full compliance by the Applicant with the Federal labor standards imposed under Title VI1 of the ,Housing Act of 1961, as amended. Motion for adoption of the resolution was seconded by Councilman VanValken- burg and on rollcall there were five ayes and no nays and the resolution was adopted. That an application be made to the Department of Housing and Urban - the Project. .* That the proposed Project is in accord with the comprehensively planned That the United States of America.and the Secretary of Housing and Urban That the United States of America and the Department of Housing and ACTION ON TAX MATTERS URGED BY LEAGUE OF MINNESOTA MUNICIPALITIES. Mr. Hyde . called Council's attention to a request from the League of Blinnesota Munici- palities that action be taken as a-last ditch effort-to defeat municipal tax limitation legislation and to unfreeze the per-.capita and personal property reimbursement payments to municipalities by contacting legislators. It being felt that all possible action'had. already been taken by the Village, no further action was taken. , MUD LAKE AREA CONDEMNATION AT;IARDS NOTED. Mr. Erickson advised Council that the Commissioners in the proceedings for the acquisition of the remaining parcels in the Mud Lake area have made their awards in the amount of $21,000 for the Mosow property and $32,300 for the Lundgren property.. Councilman VanValkenburg's motion for acceptance of both awards, with authority to appeal in the event a5 appeal is made by either Mr. 140so.w or Mr. Lundgren, was sec- onded by Councilman Courtney and carried, CHZROICEE HILLS 7TH ADDITION APPROVAL AMENDED. that Developer's Agreements have now been signed, Councilman Johnson offered the following resolution and moved its adoption: Upon being advised by Mr. Dunn RESOLUTION AMENDING EFFECTIVE DATE FOR FINAL APPROVAL OF CHEROKEE HILLS 7TH ADDITION BE IT RESOLVED that the resolution adopted on May 3, 1971, by the Edina Vil- lage Council be amended so that the effective date for approval of final plat for Cherokee Hills 7th Addition is hereby changed to May 17, 1971. 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. BIDS TO BE TAJXEN FOR VARIOUS IMPROVEMENTS. As recommended by Er. Dunn, Council- man VanValkenburg offered the following resolution and moved its adoption: 156 5/17/7 1 i RESOLUTION PROVIDING FOR PUBLIC HEARING ON SANITARY. SENER NOS. SS-296 & SS-298 WATER EWN NOS, Whl-264, 1.M-265, IJM-266 & IM-269 STDREI SEWER NO, ST.S.-129 PERMANENT STREET SURFACING NO. BA-180 BE IT RESOLVED BY THE VILLAGE COUNCIL, I?ILT&GE OF EDINA, NINNESOTA: 1. Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids for improvements : The plans and specifications for the proposed improvements set forth in - the following Advertisement for Bids form, heretofore prepared by the Village (0fficial.Publication) VILLAGE OF EDINA HE3J"NPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SANITARY SEIJER NOS. SS-296 & SS-298 MATER MAIN NOS. UM-264, WM-265, FiM-266 & WM-269 STOREi SEWER NO. ST.S.-129 BIDS CLOSE JUNE 18, 1971 . . PERMANENT STREET SURFACING. NO. BA-180 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 48011J. 50th St., at 11:OO a.m., Friday, June 18, 1971, and the Edina Village Council will meet at 7:OO p.m., Monday, June 21, 1971, to con- - sider said bids for the construction of Sanitary Sewers, Water Hains, Storm Sewer and Permanent Street Surfacing. of major items : The following are approximate quantities 478 L/F 8#' D,I,P. Sewer Pipe L/F 9'' V.C.P. Sewer Pipe L/F 6" D.I.P. Hater Main L/F 1%lt Copper Water Main 1,189 L/F 12" - 30f1 R.C.P. Storm Sewer 5,350 C/Y Excavatioa 3,580 Tons Class 5 Gravel 1,618 5,760 290 .17 Standard Manholes 9 Standard Fire Hydrants 16 Standard Catch Basins . 11,600 Nork must be done as described in plans and specifications on file in the I office of the Village Clerk, Plans and specifications are available for a S/Y 2" Thick Bituminous Paving deposit of $25.00 (by check). plans and specifications with a bona fide bid, No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid, BY ORDER OF THE EDINA VILLAGE COUNCIL. Said deposit to be returned upon return of the The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. ORDINANCE NO, 621-A1 GRANTED FIRST READING. As recommended by Mr, Hyde, Councilman VanValkenburg offered the following ordinance for First Reading: THE set the the and - ORDINANCE NO, 621-A1 'AN ORDINANCE. TRANSFERRING PROPERTY FROM FIRE ZONE 2 TO FIRE ZONE 3 VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1.- The description of Part A of Fire Zone Two of the Village, as forth in Ordinance No. 621, is hereby amended by adding at the end thereof following : foregoing description . I' 4 publication of this ordinance. "Lot 1, Block 1, Hedberg Parklawn 1st Addition, is hereby excepted from Sec. 2. This ordinance shall be in full force and effect upon passage . ORDINANCE NO. 451-A1 GRANTED FIRST READING, As recommended by Mr. Hyde, Council- man Courtney offered Ordinance No. 451-A1 for First Reading as follows: ORDINANCE NO. 451-A1 AI ORDINANCE AMENDING ORDINANCE NO. 451, I RELATING TO REGULATION OF SIGNS AND PENALTIES FOR YLOLATION. .THEREOF Section 1, Paragraph (e) of Section 6 of Ordinance No. 451, relating to THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, NINNESOTA, ORDAINS: signs, is*amended to read as follaws: 5/17/71 "(e) Violations and Fines. Tf th@ Village Building Inspector or his \ deputy shall find that any sign.or-signs regulated by this,ordinance is or are prohibited as to size, location, content, type, number, height or method of'construction, or are unsafe, insecure or a menace to the public, or if any sign has been constructed or erected without a permit first.being granted to the installed of said sign or to the owner of the property upon which said sign has been erected, or is improperly maintained, or is in violation of any other provisions of this ordinance, he shall give written notice of such violation to the owner or permittee thereof. If the permittee or owner fails to remove or alter the sign so As to comply with the provisions set forth in this ordinance within 24 hours following receipt of said ordinance, Village by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement including administration expenses, may be levied as a special assessment against the property upon which the sign is located; or such permittee or owner may be prosecuted for violating this ordi- nance and if convicted shall be guilty of a misdemeanor, and subject to a fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days. shall be deemed eo-konstitute-another violation of this ordinance and punxsh- able as a migdemeanor hereunder. If the owner or permittee shall have been given notice of a violation hereunder and shall have removed or altered the sign, and then shall re-erect or install a sign which is the same as'or similar to the sign as to which notice of violation was given, such re-erection or installation shall be deemed a violation of this ordinance, and no notice of such violation shall be required." age and publication. Motion for granting First Reading was seconded by Councilman Shaw and on roll- call there were four ayes with Mayor Bredesen voting'klaye" and First Reading was approved. (a) such sign shall be deemed to be a nuisance and may be abated by the (b) Each period of 24 hours within which the sign is not removed or altered Sec. 2. This ordinance shall be in full force and effect upon its pass- PROHIBITION OF COMNERCIAL MASSAGE PARLORS DISCUSSED; ORDINANCE PROHIBITING TO BE DRAFTED. received for a massage parlor, Councilman Shawls motion directing the Village Manager not to issue any permits for such an establishment and authorizing preparation of an amendment to the Zoning Brdinance which would prohibit massage parlors mas seconded by Councilman Johnson and carried. Upon being advised by Mr. Hyde.that an application had.been ORDINANCE NO. 812 CONTINUED, Mr. Hyde presented Ordinance No. 812 for Second Reading, noting that this ordinance pertaining to radio and television antennae had been continued from ;Pgr, 19, 1971. Mr. Erickson said that he had met with Dr. J0hn.R. DuBois, 7005 Heatherton Trail, and Mr. G. A. Anderson, 5820 Chowen Avenue, as directed by Council, had gotten pictures of towers in the Village and had reviewed ordinances of other municipalities in the area. He doubted . that the ordinances which he had reviewed would be of any particular use to the Village. Village, with special note being taken of a commercially owned tijwer at 70th and Antrim Road. Mr. Hyde said.that complaints had been received on that tower but that nothing had been done because the Village had no ordinance. ensued as to the ramifications of Mr. Erickson's report which pointed out three basic concerns Dr. DuBois said that sixty foot towers with fifteen foot antennae would satisfy 99% of the amateurs and that: fifty foot towers would be unacceptable for anyone using V.H.F. to try go get him to modify his tower and that he found that Mr. Siinn is not a radio amateur, but just a long distance listener. that the ordinance be set up so as to separate amateurs from listeners. Fol- lowing considerable discussion, Councilman Johnson's motion that Mr. Ericlcson draw up an ordinance, leaving blanks that can be filled in by Council, was seconded by Councilman Courtney and carried. Council was shown pictures of a number of towers throughout the Discussion of height, the number of towers and the bulk size of towers. , Mr. Anderson said that he had talked to Mr. Winn in an effort Mr. Anderson suggested METROPOLITAN COUNCIL CONTROLS UQU&STED - BY ARDEN HILLS. Mr, Hyde presented a request of the Village of Arden Hills asking Council, if they concur with Arden Hills, to request that the State Legislature take the following action: 1. 2. 3. Change the name of the Metropolitan Council to ''Metropolitan Advis- Direct that "guidelines" be established so that the Council shall not interfere.with, or attempt to legislate local government; Direct that the Metropolitan Council divest itself of all personnel who are not essential to fulfill its functions. Because only a week remains to the close of the Legislative Session, no action was taken . .. ' - ory Board"; 5/17 /71 c T.JALNuT RIDGE PARK IMPROVENENTS AUTHORIZED. As recommended by Mr. Dalen, Councilman Johnson's motion authorizing expenditure of $1,900 for discing, rock picking and seeding for Walnut Ridge Park was seconded by Councilman Shaw and carried. CLAIMS PAID. Courtney and carried for payment of the-following claims as per Pre-List: General Fund, $95,151.66; Construction Fund, $88,541.91; Park, Park Sinking, Park Construction, Swimming, Golf, Gun Club, $39,625.89; Water Fund, $46,974.95; Liquor.Fund, $147,834.41; Sewer Fund, $1,556.42; Improvements, $146,147.12; P.I.R. and Poor, $564.91; Total, $566,397.27. The agenda's business having been covered, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. 11:30 p.m. Councilman VanValkenburg's motion was seconded by Councilman Adjournment at Village Clerk I f,