Loading...
HomeMy WebLinkAbout19710712_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, JULY 12, 1971 , Tr PJ d w .. Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. MINUTES of the meeting of June 21, 1971, were approved as amended by motion of Councilman Shaw, seconded by Councilman Courtney and carried. Councilman Shaw's amendment was that the minutes relating to the,Kremer property zoning (Ordi- nance No. 811-A13) reflect more definitely that the P.R.D.2 zoning was approved with the understanding that no more than four units be constructed per acre. PUBLIC HEARINGS CONDUCTED ON VARIOUS 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. A. CONSTRUCTION OF SANITARY SEWER IMPROVEME3T P-SS-303 AND APPURTENANCES IN THE FOLLOTJING : Schaefer Road from South Westwood Court to Willow Wood Road \7illow 1*100d Road from Schaefer Road to Kingsberry Drive Easement line from Kingsberry Drive to South line of Lot 11, Auditor's subdivision No. 325 Easement line along South line of Lots 11 and 7, Auditor's Subdivision No. 325 to Ridge Road Ridge Road from South line of Lot 7, Auditor's Subdivision No. 325 extended West to Interlachen Road Easement line from the South line of Lots 7, Auditor's Subdivision No. 325 North 750 feet Easement line from Interlachen Road and North Ridge 'Road Southeasterly, Southerly, Southwesterly 443 feet; or CONSTRUCTION OF ALTERNATE SANITARY SEWER IMPROVEMENT P-ss-303 AND APPURT- ENANCES IN THE FOLLOWING: Easement line over proposed road in Lot 11, Auditor's Subdivision No. 325 from Schaefer Road to the East line of Lot 1, A. I?. Hendrickson's 1st Addition, South along the East line of A. 1.1. Hendrickson's 1st Addigion to the Southeast corner thereof; West a;ong the South line of A. I?. Hendrickson's 1st Addition to Ridge Road Subdivision No. 325 Hendrickson's 1st Addition North 385 feet and South 275.feet Southeasterly, Southerly and Southwesterly direction to the North line of Lot 3, Margaret Cosgrove's Addition Ridge Road from Interlachen Road South to the.North line of Lot 6, Auditor's Easement line 163 feet North of the East line of Lot 2, Block 1, A. 51. Easement line from Interlachen Road and Ridge Road North, South in a B . CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-5W-275 IN THE FOLLOkJING : Ridge Road from Interlachen Road to cul-de-sac 1400 feet South The improvements listed above, generally affecFing the same property owners, public hearings were conducted simultaneously. Mr. Hyde advised that these hearings have been called by Council initiation although some individual requests for sanitary sewer have been received. He recalled that the matter had previously been considered at a formal hearing for a portion of the area in 1969. in the area indicating that there is evidence of a serious need for public sewer. Mr. Hyde presented the total estimated project cost for the sanitary sewer at $132,152.32, proposed to be assessed against 33 assessable lots at $.&,004.61 per lot. Total estimated project cost for the alternate sanitary sewer was given at $109.840.67, proposed to be assessed against 26 assessable lots at an estimated cost of $4,228.49 per lot. Total estimated project cost of the watermain which is proposed to be constructed at this time in order to avoid costly duplication of road repair, was presented at $37,053.72, .proposed to be assessed against 17 assessable lots at $2,179.63 per lot. Mr. Hyde said that, though the improvements are proposed'to be assessed over a ten year period, one request has been made for a twenty year assessment and recom- mended that Council consider this possibllity. He added that one property has requested a deferred assessment for one of the tno connections that were pro- posed to be assessed to it. Mr. Hyde then said that it has been proposed that eleven of the lots would be deferred, paying the connection charge if and when the property is subdivided. Mr. Dunn revieGed the proposed location of both plans as well as the proposal which was made for sanitary sewer in 1969. Esse, Village Sanitarian, reviewed the list of septic tank pumping permits which had been taken out for Ridge Road properties since 1964. there is a particular need for sanitary sewer by Mr. Hans Skalle, 5021 Ridge Road, who has requested the sewer, by 5101 Ridge Road where an overflow tile Since that time, records have been kept of the septic tank pumpings Mr. He noted that 711217 1 is running onto the ground and by 5112 Ridge Road which has been pumped two times (December 19, 1970 and April 23, 1971) with effluent running across Ridge Road previous to each pumping. air. Esse recalled that Vialage ordinances require that connection to a sanitary sewer be made after a septic tank.has been pumped one time. Dunn that there are no. present plans to widen or continue Ridge Road to the South. on his property was necessitated by tree robts and the other was merely general upkeep. Mr. Dean Scott, 5120 Ridge Road, Gas told that traffic would be able to get thru during corstruction if the projects are approved. Anne Rutledge, 5116 Ridge Road, pointed out that extending the life of the assessment to twenty years would mean additional interest costs. on the grounds that no health hazard actually exists and that this would be an unnecessary expense were Senator Alf Bergerud, Messrs. William IicGrath, Charles Towle, Jack Liebenberg, Roy Bums, Jr., and llrs. C. H. Carneal, all of Ridge Road. Mayor Bredesen emphasized that these improvements should not be considered additional property taxes, but rather as an improvement to the properties involved. the area and said that he would feel a responsibility for any disability or loss of life which might occur in the event the improvement is not authorized. Mr. Howard Weiner, 5224 Schaefer Road, expressed concern over destruction of trees on his property which qight have to be removed during construction of the ihprovements. Mr. Hyde pointed out that, although many people do take care of their systems; there are many who.do not and that the Village does not have a sufficient staff to send someone out to check when a call is received report- ing sewerage running on the surface of the ground. Mr. Harold Fischbein, 5009 Ridge Road, said that if a dangerous condition exists, the sewer should be installed. Mr. Wayne Nordgren, owner of a vacant lot on Lot 3, Auditor's Subdivision 325, urged that the improvement be installed as did IIr. Joel Finne, provided the improvement xias assessed over twenty years. Dr. Dagget said that' if, in fact, an acute problem did exist, he also would favor the improvement and suggested the possibility of an independent study being made. Following considerable discussion, Councilman Johnson's motion that the matter be con- tinued so that the Pollution Control Agency can make an in depth study of cesspools and drainfields in the area and test the lake to see if any contamina- tion exists was seconded by Councilman Courtney and carried. advised property owners that they would be informed as to the result of the study and of any action proposed to be taken by Council in the future., C. CONSTRUCTION OF PORTLAND CENENT CONCRETE ALmY PAVING 1NPROVEEIENT.P Dr. D. R. Daggett, 5109 Ridge Road, was told by Mr. Dr. Daggett objected to the improvement, saying that the one pumping I Opposing the improvement He expressed concern for the potential health hazard in Mayor Bredesen I IN THE FOLLO17IKG: North-South alley between Zenith Avenue and Yorlc Avenue and between West Mr. Hyde presented total estimated project cost at $12,664.46, $3,166.12 of which will be paid by the Village, leaving the total amount to be assessed at $9,498.34. 1193.36 assessable feet at an estimated cost of $7.96 per assessable foot 01; against 24 assessable lots at an estimated cost of $395.76 per assessable lot. 3Ir. Hyde noted that a petition had been submitted for the improvement signed by fourteen property owners, and that a subsequent petition opposing the improvement representing nine properties had also been submitted. opposition to the improvement were Miss Bierman, 5804 York Avenue, Mrs. Hm. Larson, 5809 Zenith Ave. and Messrs. C. I?. Call, 5833 Zenith Ave. and E. L. Kulander, 5800 York Avenue. Leslie Ebbs, 5829-Zenith Ave. and Galen B. Honn, 5841 Zenith Ave. Residents were assured that the drain in the alley would still accept surface water to the same extent as Qith the existing alley. Assurance was also given by the Engineer that the alley is designed with aminverted crown and that it will be blended into driveways as much as possible. No further comments being heard, Councilman Courtney's motion authorizing the improvement was seconded by Councilman Shaw and carried. (See Resolution Ordering Improvement later in Minutes.) D. CONSTRUCTION OF PERMNENT STREET SURFACING AND CONCRETE CURB AND GUTTER OR PERMANENT STREET SURFACIISG IMPROVEMENT P-BA-186 IN THE FOLLOWIhG : St. Johns Avenue from Nest Goth Street tQ Valley View Road Mr. Hyde presented total estimated construction for permanent street surfac- ing and concrete curb and gutter at $24,659.85, proposed to be assessed at $17.56 per assessable foot as against permanent street surfacing only at an estimated construction cost of $16,637.37, proposed to be assessed at $11.85. Mr. Hyde noted that petitions for the improvement had been received, one for street surfacing only and one for street surfacing with curb and gutter. Mr. Dunn assured residents that two storm inlets would be included in either proposal and that there is no particular pattern of curbs in the area. Speak- . ing in opposition to curb and gutter on the grounds that the improvement was expensive and did not improve the property aesthetically were Messrs. Robert 58th Street and Best 59th Street It is proposed to assess the cost of the improvement against Speaking in Speaking in favor of the project were Messrs. I 7/12/7 1 E. F. G. H. Foster, Leonard Freeman and Mrs. H. N. Amblie. Speaking in favor of the curb and gutter were Messrs. M. J. Forlcins and H. R. Dew. of Mr. Leo Fish, GO17 St. Johns Avenue as to whether the street would last as long without the curb and gutter, Mayor Bredesen pointed out the Vhite Oaks and South Harriet Park areas in the Village which do not have curb and gutter. Mr. Dunn said that curbing and gutter are particularly beneficial where there is an extreme slope and noted further that curbing helps to keep cars and snow plows in the street and off of front yards. No further discussion was heard, whereupon Councilman Johnson's motion authorizing the improvement without curb and gutter tias seconded by Councilman Shaw and carried. (See Resolution Ordering Improvement later in Minutes.) In response to a question CONSTRUCTION OF SANITARY SEWER IMPROVEMENT P-SS-304 IN THE FOLLOPIING : Willow 1700d Road from Schaefer Road to 703' I?est Kingsberry Drive from lJillow Wood Road to North line of Brinwoods Estates CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WM-276 IN THE FOLLOkIING : Willow Wood Road from Schaefer Road to 776.97' West Kingsberry Drive from k7illow Wood Road to the North line of Brinwoods CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-187 IN THE FOLLOPlING : Willow Wood Road from Schaefer Road to 776.97' West Kingsberry Drive-from Willow Wood Road to Nocth line of Brinwoods Estates CONSTRUCTION OF GRAVELING IMPROVEMENT NO. P-C- 11 1 IN THE FOLLOWING : blillow Wood Road from Schaefer Road to 795.46' West Kingsberry Drive from Willow Wood Road to North line of Brinwoods Estates Addition Estates Addition Addition Addition Mr. Hyde advised Council Ghat improvements listed under E, F, G and H above would be done by the developer under Plan A, whereupon Councilman VanValken- burg offered the following.' resolution and moved its adoption: RESOLUTION ORDERING ALLEY IMPROVEMENT NO. E-26 AND STREET IEIPROVEMENT NO. BA-186 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1. CONSTRUCTION OF ALLEY IMPROVEMENT NO. E-26 IN THE FOLLOWING: No-rth-South alley between Zenith Avenue and York Avenue and between West . 58th Street and West 59th Street 2. CONSTRUCTION OF PERMANENT STREET SURE'ACING IMPROVEtBNT NO. BA-186 IN THE FOLLOWING : / St. Johns Avenue from West 60th Street to Valley View Road and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, with Street Improvement No. BA-186 being authorized without curb and gutter, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as f0110WS : No. 1 Above ALLEY IMPROVEMENT NO. E-26 No. 2 Above STREET IMPROVEMENT NO. BA-186 and the area to be specially assessed for Alley Improvement No. E-26 include Lots 1 thru 24, Block 2, Harriet Manor 2nd Addition, and the area to be specially assessed for Street Improvement No. BA-186 shall include Lots 1 thru 9, Block I, and Lots 1 thru 8, Block 2, Valley View Terrace 3rd Addition. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. ORDINANCE NO. 811-All GRANTED SECOND READING. Mr. Luce presented Ordinance No. 811-All for Second Reading as recommended by the Planning Commission, where- upon Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: shall ORDINANCE NO. 811-All AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING PARKING REQUIREMENTS FOR CONVELESCENT, NURSING, REST AND BOARDING CARE HOMES IN THE MULTIPLE RESIDENCE DISTRICT, AND BY ADDING TENNIS CLUBS AS A PERMITTED USE, AND PARKING REQUIREMENTS THEREFOR, IN THE PLANNED INDUSTRIAL DISTRICT 7/12/71 f &HE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, .BlI"ESOTA, ORDAINS:, There is hereby'added as an additional sentence to paragraph 7 of Sec, 4 (Multiple Residence District) of Ordinance No. 811 the following: Section 1. #'In addition to the above requirements, convalescent, nursing, rest and boarding care homes shal1,have on-site parking spaces as follows: four patients or occupants based on the maximum capacity in the building, and if such maximum capacity is not evenly divisible by four, one space f or the remainder. Sec. 2. Subparagraph (a) of paragraph 3 of Sec. 10 (Planned Industrial one for each employee, one for each company motor vehicle, one for every I District) of Ordinance No. 811'is hereby amended by adding thereto an addi- tional permitted principal use as follows : 'I (6) Tennis Clubs. 'I Sec. 3. Subparagraph (d) of paragraph 6 of Sec. 10 (Planned Industrial District) of Ordinance No. 811, as amended, is hereby amended by adding thereto the following : Six. off-street parking spaces for each tennis court." "(6) Tennis Clubs. Sec. 4, This ordinance shall be in full force and effect immediately upon its passage and publication. Notion for adoption of the ordinance was seco rollcall there were five ayes and no nays ATTEST : d LW/ $L 8. Village Clerk ORDINANCE NO. 811-812 GRANTED'. SECOND ~~.~.NG.I,' 3s- .recommended .?3$:the Elankmg hmiss'i'on; 'Cdukcilman Courtney 65fered the-folibwing ' resolufion .for Second Reading ana Thoved Zts adopiion: ORDINANCE NO. 811-Al2 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO CHARGE THE PRINCIPAL USES ALLOI?ED IN THE COblNERCIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sentence (53) of subparagraph (a) of District C-2 of para- graph 4 of Sec. 9 (Commercial District) of Ordinance No. 811 is hereby amended to read as follows: "(53) Exercising or reducing salons, clubs or spas." Sec. 2.# This ordinance shall be in full force and effect upon its pass- age and publication. rollcall there were five ayes and no nays The Village Nanager ?7as then authorized to present another ordinance regulating and licensing such establishments at a future meeting. ORDINANCE NO. 811-Al4 GRANTED SECOND READING. As recommended by the Planning Commission, Councilman VanValkenburg offered Ordinance No. 811-A14 and moved its adoption : ORDINANCE NO, 811-Al4 AN ORDINANCE &ENDING ORDINANCE NO. 811 (ZONING ORDINANCE) TO ESTABLISH DRIVENAY AND PARKING SETBACK REQUIREMENTS IN ALL COMMERCIAL DISTRICTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: graph A of Paragraph 9 of Sec. 9 (Commercial District) of Ordinance No. 811 is hereby amended by adding subparagraph (h) as follows: "(h) Minimum Driveway Setback from Street Right-of-Vay: 5 feet, except for that part of the driveway crossing the public street right-of-way to give access to the public street. as open space." of paragraph (a) of subparagraph B of paragraph 9 of Sec. 9 (Commercial District) of Ordinance No. 811 is hereby amended to delete therefrom the word "Planned" so as to read as follows: Section 1. Minimum Driveway Setback from Street Right-of-Itlay. Para- Said 5 foot area shall be landscaped and maintained Sec. 2. Parking Setback from Street Right-of-Way. The last sentence 7/12/71 “No parking areas shall be located within 20 feet of 8 street right-of- way line in any- Commercial District.” Sec. 3. This ordinance shall be in full force and effect upon its pass- age and publication. Motion for adoption of rollcall there were five ayes and no na ATTEST : 25- .%IL- Village Clerk LOT 7, BLOCK 1, MIRROR LAKES MADOTJ-WOOD 2nd ADDITION TO EDINA HIGHLANDS DIVISION APPROVED. ror ‘Lakes NeadOt~-Waod. 2nd Addition. to Edina Highlands had been continued from June 21, 1971, so that Council could inspect the property. Willes, owner of the property,urged that the division be approved. that he could see no reason to deny the division, Councilman Johnson offered the following resolution. and moved its adoption: I$?..” Luce - reciilled..that .the. divisfoii of L6t -7, Block 1 ,‘ Mir- Mrs. Margaret Saying RESOLUTION APPROVING DIVISION OF 2ND ADDITION TO EDINA HIGH”DS LOT 7, ELOCK 1, MIRROR LAWS MFADOi.J-I.7OOD T.JHEREAS, Lot 7, Block 1, Mirror Lakes Meadow-T;Jood 2nd Addition to Edina High- lands is at present a single tract of land; and I?HEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called “Parcels”) described as follows : Commencing at the Northeast corner of said Lot 7; thence Southerly along ttie Easterly line thereof a distance of 156.00 feet to the actual point of beginning of the line to be described; thence Westerly at right angle to the said Easterly line to an’intersection with the t7esterly line of said-Lot 7 and there terminating; and - ‘ .‘ Commencing at the Northeast corner of said Lot 7; thence Southerly along the Easterly line thereof a distance of 156.00 feet to the actual point of beginning of the line to be described; thence Westerly at right angle to the said Easterly line to an intersection with the Vesterly line of said Lot 7 and there terminating; and -1 *- .. . IJHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Vi’llage of Edina will create an unnecessary hard- ship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and,Zoning Regulations as contained in the Village of Edina Ordinance Nos. 811 and 801; NOU, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordi- nance No. 811 and Ordinance No. 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as.to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or v7ith the prior approval of this Council as may be provided for by those ordinances. Notion for adoption of the resolution ~7as seconded by Councilman VanValkenburg and on rollcall there were five ayes and no nays and the resolution was adopted, t7itJi the understanding that the dieision be made at the existing fence line. / ’ BOARD OF REVIEV MEETING TO BE HELD ON JULY 13, 1971, at 4:30 p.m. METROPOLITAN SEVER BOARD MEETING TO BE HELD. the Village will Boon be faced with a substantial increase in the cost of sewerage disposal and told of a meeting on the 1972 Metropolitan Sewer Board Budget and Allocation of Municipal Sewer Charges iqhich will be held on July 14, 1971, at 9:00 a.m. at the Brooklyn Center City Hall. Mr. Hyde advised Council that DIVISION PARK PETITION REFERRED TO PAN< BOARD. requesting tennis courts and horseshoe pifs at Division Park, which petition was referred to the Park Board by motion of Councilman Courtney, seconded by Councilman Shaw and carried. . Mr. Hyde presented a petttion , WATERMAN AVENUE WATER HAIN PETITION was presented for the section of 17aterman Avenue between Vateman Circle and the cul-de-sac and referred to the Engineer- ing’Department for processing by motion of Councilman Shaw, seconded by Council- man Johnson and carried. CHANTREY ROAD CURB AND-GUTTER PETITION was presented and referred to the Eng- ineering Department for processing by motion of Councilman Shaw, seconded by Councilman Johnson and carried. 7/12/71 ,/ LOT 10, BLOCK 1, PARIWOOD ICNOLLS 8TH ADDITION, PART OF TRACT B, R.L.S. #1286 DIVISION APPROVED. Mr. Luce present9d.the.request of Mr. Odd E. Moe and Dr. Paul Larson for division of Lot 10, Block 1, Parkwood Knolls 8th Addition and a part of Tract B, R.L.S. f1286 which would straighten the property line be- tween 5706 and 5708 Blake Road. As recommended by the Planning Commission, Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described tracts of land are now separate parcas: Lot 10, Block 1, Parkwood Knolls 8th Addition, except the South 36.6 feet thereof; and That part of Tract B, Registered Land Survey No. 1286, Files of the Registrar of Titles, County of Hennepin lying Southeasterly of a line running from a point in the Southwesterly line of said Tract B, distant 69.72 feet Northerly of the most Southerly comer of said Tract B to a point in the East line of said Tract B distant 100.18 feet South of the most Northerly corner of said Tract B; and BEREAS, the'owners of the above tracts of land desire to subdivide said tracts into the following described ne~7 and separate parcels (herein called "Parcels") : Lot 10, Block 1, ParIcwood I(n01ls 8th Addition, except the South 36.6 feet thereof, and except that part of said Lot 10 lying Northerly of a line (herein called 'ILine A'') drawn from a point in the 5lesterPy line of Tract B, Registered Land Survey No. 1286, Files of the Registrar of Titles, Hennepin County, Minnesota, distant 27 feet Northwesterly-of the most Southerly corner of s.aid Tract B to a point in the East line of said Lot 10, distant 61.4 feet South of the most Northerly corner of said Lot 10; also That part of said Tract B lying Southerly of said Line A above described; and That part of Tract B, Registered Land Survey No. 1286, Files of the Registrar of Titles, County of Hennepin, lying Southeasterly of a line running from a point in the Southwesterly line of said Tract B, distant 69.72 feet Northerly of the most Southerly comer of said Tract B to a point in the East line of said Tract B distant 100.18 feet South of the most Northerly corner of said Tract B, except that part of said Tract B lying Southerly of a line (herein called "Line A") drawn from a point in the Westerly line of said Tract B, distant 27 feet Northwesterly of the most Southerly comer of said Tract B, to a point in the East line of Lot 10, Block 1, Parkwood Knolls 8th Addition, distant 61.4 feet South of the most Northerly comer of said Lot 10; also That part of said Lot 10 lying Northerly of said-Line A above described; and IJHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 811 and Ordinance No. 801 are hereby waived to allow said division and conveyance . thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. HEARIHG DATES SET FOR VARIOUS ZONING NATTERS. Councilman VanValkenburg's motion setting hearing dates- for. August 2, 1971, was seconded by Councilman Shaw and carried for the following zoning matters: Prestige Developmen< CorRoration - Parcels 4800, 3200 and 3810, Section 31, Township 117, Range 21.- R-1 Residential District to Planned Indus- trial District. As recommended by $1~. Luce, 1. 2. Poppler, Cardarelle, Inc. - Parcels 800 and 700, Section 8, Township 117, Range 21 - R-1 Residential District to Planned Residential District 3 (and concept approval) 3. Olson-Hanson - Parcel 1300, Section 8, Township 117, Range 21 - R-1 Residential District to Planned Residential District 3 (and concept approval) 7/12/71 ENVIRONMENTAL QUALITY CONTROL AD HOC COMMITTEE APPOINTED. Councilman O'ohnson,. Councilman Shav's motion appointing the following to the Enrivonmental Quality Control Ad Hoc Committee was seconded by Councilman' Courtney and carried: The Honorable Donald S. Burris, Mrs. F. S. Wright; Messrs. Howard B. Christenson, Robert J. DeBrey, Robert F. Henson, Frank I<. Kuehn, John Telfer, Council Representative Richard C. Johnson, Park Board Representative Dr. K. Paul Carson, Jr. and Planning Commission Representative Clifford E. Johnson. As recommended by SOUTWALE LIQUOR STORE SITE ACQUISITION CONTINUED TO JULY 19, 1971, by motion . of Councilman Courtney,seconded by Councilman Shaw and carried. PARKING RAMP ARBITRATION AWARD CONTINUED TO JULY 19, 1971. Motion of Council- man Courtney was seconded. by Councilman Johnson and carried continuing dis- cussion of the Parking Ramp arbitration award so that the matter could be studied by the Village. Attorney.. TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 7, 1971, were approved as submitted by motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried. It was understood that, with reference to the "No Parking - No Stopping" sign in front of the &i5rary, no tickets would be issued to drivers who are merely letting off passengers. No Standing". NINE MILE CREEK WATERSHED DISTRICT STUDY CONTINUED TO NEXT MEETING. Mr. Dunn recalled that there had been some discussion of change in the characteristics of the Mud Lake project at which time Mr. Rosland had presented a proposal for a study by Brauer & Associates on some of the hydrological effects of the change from a lake to a.swamp on the Nine Mile Creek Watershed District. Watershed District has now asked the Village to participate in a study, wlth cost of the Village's share amounting to $1,400. Mr. Hyde recalled that at the original presentation it was understood that a hydrological study would be required and it had been hoped that the Nine Mile Creek Watershed District would pay the entire cost. Following considerable discussion, it was moved . by Councilman Johnson, seconded by Councilman VanValkenburg and carried, to continue the matter to July 19 meeting to determine if the Brauer study is any good without this additional study. It was decided to word the signs to read "No Parking - The INDOOR TENNIS INTERNATIONAL PLAN APPROVED. Mr. Luce recalled that ordinance now provides that Council approve plans before Elanned Industrial District zoning is granted.- Mr. Lorin Galpen, representing Indoor Tennis International, presented site, landscape and development plans along with Mr. David Nelson vest of the Thiele Engineering Building. Bredesen as to what would happen to the building if the tennis club is not successful, Mr. Nelson said that he was sure that the mortgage holder would require that the building would be constructed so that it could be converted to warehouse or other industrial use. has 58 other clubs operating successfully throughout the United States. Fol- lowing some discussion, Councilman Courtney's motion approving the plans presented, with the understanding that there be no exterior identification of the pro-shop, as recommended by the Planning Commission, and that a bond be furnished which is double the value of the landscaping was seconded by Council- man Johnson and carried. .of Design Plan Associates for the 3.22 acre site West of Bush Lake Road South- In response to a question of Mayor He added that International Tennis ASSESSMENT HEARING DATES SET FOR NUMEROUS IMPROVEMENTS. As recommended by Mr. Dalen, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR SS-289, ST.S.-123 WM-251, m-253, IX-255 , 1W-256 AND IdM-257 STREET IMPROVEMENTS BA-163, BA-166, BA-167 AND BA-170 GRADING & GRAVELLING NO. C-107 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as f 0 1 lows : 1. for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts'proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements , and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shal1,keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. Hearing forms hereinafter contained, to 'pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official The Clerk and Engineer having calculated the proper amounts to be assessed This Council shall meet at the time and place specified in the Notice of 7/12/71 newspaper in accordance with law is hereby approved; Notices being as follows: (Official Publication) VILLAGE OF EDINA HENNEPIN. COUNTY, MINNESOTA NOTICE OF ASSESSMEXI! FOR STORM SEWER NO. ST.S-123 SANITARY SEWER NO. SS-289 STREET INPROVIDIENTS BA-163 , BA-166, BA-167 & BA-170 GRADING & GRAVELLING NO. C-107 VATEWN No. 251, 253, 255, 256.& 257 THE EDINA VILLAGE COUNCIL will meet on Monday, August 2, 1971, at 7:OO p.m. to hear and pass upon all objections, if any, to the following proposed assess- ments. These assessments are now on file in the office of the Village Clerk and open to public inspection. installments over a period of ten (10) years.. First payment of each assess- ment will be payable with the taxes for the year 1971, collectible in 1972, with interest on the entire assessment at the rate or 5% per annum from the date of the resolution levying the assessment to December 31, 1972. To each subsequent Lnstallment will be added interest at the same rate for one year on all unpaid installments, The owner of the property. assessed for the 'fol- lowing improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1971, or malce payment with accrued interest to the County Treasurer. 1. CONSTRUCTION OF 17ATEFNAIN NO, 251 2. CONSTRUCTION OF NATEBMAIN NO. 253 Assessments will be payable in ten equal Moccasin Valley Road from Valley View Road to 266' ,+ South Chantrey Road from Vernon Avenue to Aryshire Blvd. Ayrshire Blvd. from Nirror Lakes Drive to Chantrey Road I)undee Road from East-West Dundee Road to Ayrshire Blvd. Valley View Road from Hansen Road T?esterly to 100' 2 Easterly to Hill- 3. CONSTRUCTION OF WATEBfAIN NO. 255 4. CONSTRUCTION OF 17ATERtlAI.N NO. 256 side Road 5. CONSTRUCTION OF WATERlgIN NO. 257 6. 7. CONSTRUBTION OE STO3M SBWBB NO. 123 8. CONSTRUCTION Ol? STmET IIIPROVEIIENT NO. BA-163 - 9. CONSTRUCTION OF STREET IIIPROVEIIENT NO. BA-166 10. CONSTRUCTION OF STREET IEIPROVEEIENT NO. EA-167 Motor Street from Vest 44th Street to 130' South Moccasin Valley Road from Valley View Road to 266' & South Valley View Road from Comanche Court to 800' South Moccasin Valley Road from Valley View Road to 266' 2 Porter Lane from Code Avenue to Birchcrest Drive Code Avenue from Grove Street to Benton Avenue Grove Street from South Code Avenue to 1/2 block West of North Code CONSTRUCTION OF SANITARY- SEWER NO. 289 Avenue 11. CONSTRUCTION OF STREET INPROVEMEW NO. BA-170 12. CONSTRUCTION OF GRADING & GRAVELLING NO. C-107 BY ORDER OF THE VILLAGE COUNCIL. Vest 58tg Street from Tingdale Avenue to Code Avenue Moccasin Valley Road from Valley View Road to 266' f South Florence B. Hallberg Village Clerk ORDINANCE NO. 1304 GRANTED FIRST READING. As recommended by Elr. Hyde, Council- man Courtney offered the following ordinance for First Reading: ORDINANCE NO. 1304 AN ORDINANCE PROHIBITING THE DEPOSIT OF ADVERTISING MATERIAL ON RESIDENTIAL PROPERTY WITHOUT PRIOR CONSENT OF THE OWNER, AND PRESCRIBING A PENALTY Section 1. Depositing of Handbills, Circulars, Advertising Idaterial THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Prohibited. Any resident of the Village who wishes to exclude the depositing of handbllls, circulars, and/or advertising material from premises occupied by him may place upon or near the usual entrance to such premises a printed pla- card or sign bearing the following notice: "Depositing of Handbills, Circulars, Advertising Material Prohibited". long and 3 3/4 inches vide and the printing thereon shall not be smaller than 48 point-type. No handbills, cifculars and/or advertising materials shall be deposited upon any premises where such placard or sign is placed and maintained. Such placard shall be at least 3 3/4 inches I 7/12/71 Sec. 2. May Not Deface Placard. No person other than the person Sec. 3. occupying such premises shall remove, injure or deface such placard or sign. ordinance shall be guilty of a misdemeanor 4nd punished by a fine not exceeding $300 or imprisonment not exceeding 90 days, or both, plus costs of prosecution. upon its passage and publication. TREASURER'S REPORT as of May. 31 , 1971 , was presented by Mr. Dalen , reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Johnson and carried. Penalty. Any person who violates any provision of this Sec'. 4. This ordinance shall be in full force and effect immediately LIQUOR REPORT as of May 31, 1971, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Council- man Courtney and carried. FIRST SOUTHDALE NATIONAL BANK ASSIGNMENX OF SECURXTIES APPROVED. As recom- mended by Mr. Dalen, Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION APPROVING ASSIGNMENT OF SECURITIES IN LIEU OF BOND 8 (FIRST SOUTHDALE NATIONAL BANK OF EDINA) BE IT RESOLVED that the Village Council of the Village of Edina, Minnesota, approve the assignment by its depository, the First Southdale National Bank of Edina, Minnesota, of the folloxqing securities, as good and sufficient col- lateral for the Village of Edina Public Funds deposited in said depository: Par Value Rate Due U. S. Treasury Notes 5 3/4% 2-15-75 $100,000.00 Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. INCOME PROTECTION INSURANCE CONTINUED TO JULY 19, 1971. Mr. Dalen advised that, in compliance with Council's request of June 7, 1971, for a tabulation of quotations for disability insurance, he had contacted Investors Diversified as well as Mutual Benefit Life , the company with the previous low quotation.. He recommended entering into an agreement with Mutual Benefit Life to furnish Income Protection Insurance for 5 years for sickness and accident benefits to be 60% of normal monthly earnings, with waiting period'of six months. Fol- lowing some discussion, Councilman Shaiq's motion was seconded by Councilman Johnson and carried that the matter be continued to July 19 so that other plans could be checked, CLAIMS PAID. Johnson and carried for payment of the following claims as per Pre-List: Motion of Councilman Courtney vas seconded by Councilman General Fund, $38,624.30- Construction Fund, $1,494.20, Swimming Pool , ,Arena, Gun, Park, Park Sinking, Golf, $29,609;74; Water Fund, $34,562.46; Liquor Fund, $47,856.42; Sever Fund, $13,857.82; PIR and Poor Fund, $8,095.43; Total, $174,100.37. No further business appearing , Councilman Shaw's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 9:45 p.m. A? &a Village Cle