HomeMy WebLinkAbout19710913_regularMINUTES OF TJlE REGULAE BEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
~ * MONDAY, SEPTEMBER 13, 1971
Members answering roll’call weie Councilmen Courtney, Johnson, and Van Valken-
burg who served as Mayor Pro Tem until the arrival of Mayor Bredesen later in
the meeting.
MINUTES of August 16, 1971, were approved as corrected by motion of Councilman
Bohhson, secogded by Councilman Courtney and carried. The correction was with
reference to preliminary plat approval of Braemar Oaks to reflect that the cash
struction og the proposed tennis courts.
approved as submitted by motion of Councilman Courtney,, seconded by Mayor Pro
Tem VanValkenburg and carried.
DR. RALPH LIEBER, lkW SCHOOL DISTRICT 273 SUPERINTENDENT INTRODUCED, by School
District Board Members Mr. David Hansen and Dr. John Hoyt.
1972 BUDGET PRESENTED.
statute, noting that the proposed budget contemplates a proposed tax levy of
$2,101,172 with an estimated proposed mill rate of 24.56 (for the Village only).
Mr. Hyde added that his Budget Message was’lgss clear than usual because of the
wage-price freeze and the lack,of legislation by the State for financing over
the next two years. The proposed budget was accepted for review by motion of
Councilman Courtney, seconded by Councilman Johnson and carried.
. donated for park purposes by the other developers be earmarked for the’con-
Minutes of August 24, 1971, were
Mr. Hyde presented the 1972 Budget as required by state
NUMEROUS SPECIAL ASSESSMENTS LEVIED.
Clerk, approved as to form and ordered placed on file. Pursuant Bo due notice
given, public hearings were conducted and action taken as hereinafter set forth.
A. WATERMAIN IMPROVEMENT NO. WM-252 in the following:
Garrison Lane from Nooddale Avenue to cul-de-sac
Mr. Hyde presented analysis of assessment showing proposed assessment of
$784.05 per assessable lot as against estimated assessment of $686.37.
Richard G. Palen, 44GO Garrison Lane, was assured by Mr. Dunn that the increase
over the estimated assessment was in no way due to the time spent looking €or
a leak in the watermain.
received prior thereto. .(See Resolution Ordering Assessment later in Minutes)
B. STREET IMPROVEMENT NO. BA-164 in the following:
Affidavits of Notice were presented by
Mr.
No further objections were heard and none had ,been
‘Wooddale Avenue from Valley View Road to Garrison Lane
Garrison Lane from IaJooddale Avenue East to cul-de-sac
. I
Mr. Hyde presented analysis-of assessment showing proposed assessment at $17.79
per assessable foot against estimated assessment of $18.38 per assessable foot.
No objections were heard and none had been received prior thereto.
Resolution Ordering Assessment later in Minutes.)
C. GRADING 1HP.ROVEMENT’INQ. .C-95 in the following:
Gleason Road from Schey Drive to Loch Moor Drive
Mr. Hyde presenfed analysis of assessment showing proposed assessment at $10.52
per assessable foot as against estimated assessment of $8.57 per assessable
foot. It was noted that the increase in cost was the result of the request of
the property owners requesting that the street be rhed after it was graded.
STREET IMPROVEMENT NO. BA-172 in the following?
Mr. Hyde presented analysis of assessment showing proposed assessment of $14.32
as against estimated assessment of $12.00 per assessable foot, noting that in
this case also the increase in the assessment was the result of the request
of property owners that the street be raised after it was graded. No bbject-
ions were heard and none had been received prior thereto.
Ordering Assessment, later in Minutes.)
E. STORM SEWER IMPROVEMENT NO. ST.S-119 in the following:
Mr. Hyde presented analysis of assessment showing proposed assessment of
$io1758 per assessable square foot against estimated assessment of $.01828
per assessable square foot.
prior thereto. (See Resolution Ordering Improvement later in Minutes.)
(See
. No objections were heard. (See Resolutian Ordering AsSes&ene. later in Minutes.)
Gleason Road from Schey Drive to Loch Moor Drive
(See Resolution
0 Gleason Road from Schey Drive to 1074 feet Northwesterly
No objections were heard and none had been received
F. CURB AND GUTTER IMPROVEMENT NO. B-79 in- the following: . The West 192.56 feet of Lot 24, Codes Highview Addition
Mr. Hyde presented analysis of assessment showing $735.04 as the proposed
assessment for the assessable lot.
received prior thereto.
G. STREET IMPROVEMENT NO. BA-128 ANI) BRIDGE NO. BR-3 In the following:
No objections were heard and none had been
(See Resolution Ordering Assessment later in Minutes.)
Benton Avenue from Crescent Drive to Hansen Road
9 /13/7 1
Mr. Hyde presented analysis of assessment showing total conShzixfion.,cost:at .
$140,726.52, $131,468.03 of which was paid from State Aid funds and $9,342.64
by the Minneapolis, Northfield and Southern Railway Company.
of $lZ,O50.94 is proposed to be assessed at $10.&2 per assessable foot against
estimated assessment of $10.00 per assessable foot.
and none had been received prior thereto. (See Resolution Ordering Assessment
later in Minutes,)
H. STREET IMPROVEMENT NO. BA-135 in the following:
Cahill Road from Amundson Avenue to West 70th Street
Mr. Hyde presented analysis of assessment showing total construction cost at
$14,921.03, proposed to be assessed against 1,010.91 assessable feet at $14.76
per assessable foot against estimated assessment of $17.39 per assessable foot,
No objections were heard and none had-been received prior thereto,\ See Resolu-
tion Ordering Assessment later in Minutes.)
I. STREET IMPROVEMENT NO. BA-153 in the following:
Mr. Hyde presented analysis of assessment showing total construction cost at
$31,418.64, proposed to be assessed against 2,618.22 assessable feet at $12.00
per assessable foot, which assessment was the same as the assessment gstemated
at the improvement hearing.
prior thereto.
Remaining cost
No objections were heard
Gleason Road from County Road No. 62 to County Road No. 158
No objections were heard and none had been received
(See Resolution Ordering Assessment later in Minutes.)
* J. STREET IMPROVEMENT NO. BA-158 in the following:
Nalibu Drive from North line of Nalibu Heights Addition to the South line
of Elalibu Heights Addition
Mr. Hyde presented analysis of assessment showing total construction cost at
$8,483.52, proposed to be assessed against 1,268.09 assessable feet at $6.69
per assessable foot as against estimated assessment of $6.71 per assessable
foot.
Resolution Ordering Assessment later in Minutes.)
K.
No objections v7ere heard and none had been received prior thereto. (See
STREET 'hlPROVEMENT NO. BA-159 in the following:
Pawnee Road from Apache Road to Indian Hills .Road
Apache Road from Sally Lane to West line of Blocks 1 and 3, Indian Hills-
Arrowhead Addition
cul-de-sac
* Sally Lane from South line of Indian Hills-Arrowhead Addition North to
Mr. Hyde presented analysis of assessment showing total construction cost at
$23,061.74, proposed to be assessed
by the developer or at $8.50 per assessable foot against estimated assessment
of $8.28 per assessable foot.
that he had purchased his property with the understanding that the assessment
would be made on a per foot basis.
frontage are still retained by the developer.
by Mr, Hyde that generally in cases where the lots were uneven it had been
customary to assess the street improvement on a per lot basis. Inasmuch as the
assessment had been proposed on a per foot basis ae'the improvement hearing,
Councilman Johnson's motion that the assessment be made on a per foot basis was
seconded by Councilman Courtney and carried.
ment later in Minutes .)
Lo
Mr. Hyde presented analysis of assessment showing total construction cost at
$5,279.59 proposed to be assessed against 655.85 assessable feet at $8.05 per
assessable foot as against estimated assessment of $10.51 per assessable foot.
Ro objections were heard and none had been received prior thereto.
tion Ordering Assessment later in Minutes.)
M, STREET IMPROVEMENT NO. BA-165 in the following:
Mr. Hyde presented total estimated construction cost at $18,409.50, proposed
to be assessed against 2,321.50 assessable feet at $7.93 per foot as against
estimated assessment of $11.61 per assessa5le foot.
and none had been received prior thereto.
later in Minutes.)
N.
0.
I at $886.99 per assessable lot as requested
Mr. Walter J. McCarthy, 6611.Pawnee Roa4 said
He added that the lots with the largest
Mr, Dalen added that the devel-
. oper still own nineteen lots.' Mr. L. W. Williams, 6908 Dakota Trail, was told
(See Resolution Ordering Assess-
STREET IMPROVEMENT NO. BA-160 in the following:
Gleason Road in Valley Estates First Addition
(See Resolu-
Peacedale Avenue from West 62nd Street o Crosstown Highway
No objections were heard
(See Resolution Ordering Assessment
STREET IMPROVEMENT NO, BA-169A in the following:
Cherokee Trail from Navaho Trail to Indian Hills Pass
STREET IMPROVEMENT NO. BA-196B in the following:
Dakota Trail
Cheyenne Trail
Cheyenne Circle
Blackfoot Pass
Indian Hills Road
Indian Hills Pass
Mohawk Trail
Arrowhead Pass
Indian Hills Circle
Shawnee Circle .- ' .(
S 9/13/71
Iroquois Circle from Mohawk Trail to 10 ' South
Iroquois Trail .from West Trail to Iroquois Circle
The improvements listed under N and 0 above:,having the same questions as to
whether assessment should be made in a per lot or 0n.a per foot basis, the two
hearings were conducted concurrently. Mayor Bredesen entered the meeting dur-
ing these hearings. Elayor'.Ero Tem VanValkenburg continued to preside. Mr.
Hyde presented total construction cost for Street Improvement No. BA-169A at
$4,711.87, proposed to be assessed at $6.52 per assessable front foot or
against 6 assessable lots at $785.31 per lot. Mr. Hyde presented total em-
struction cost at $150,394.55 (on a per lot basis) proposed to be assessed
against 24,253.26 assessable feet at $6.20 per foot or against 131 lots at
$1,148-.05 per assessable lot. Mr. L. Id. Williams, 6908 Dakota Trail, was told
by Mr. Hyde that generally, in cases where the lots were uneven, hhe assessment
was usually made on a per lot basis., Mr. Douglas L. Johnson, 6609 Blackfoot
Pass recalled that Pesidents had generally requested a per lot assessment at
the improvement hearing. Mrs. A. F. Morgan, 6900 Valley View Road, and Mrs.
John R, Deveny, 5805 Cheyenne Trail objected to being charged for this improve-
ment inasmuch as they had already paid for a previous street assessment. Mr.
Hyde noted that the original improvement;,h&rixhad been conducted on duly .
16, 1957, in response to a petition submitted in October, 1955, and that the
assessment hearing had been-held on August 18, 1958, previous to the time that
the Devenys had moved into their home (in July, 1959). Mr. Hyde read a portion
of the minutes of May 4, 1970, which reflected Mr. Deveny's request that he not
be assessed for this improvement. Mayor Bredesen said that he had been advised
that on a deed restrictioH t?he.ownerChad agreed to pay for improvements on a
per lot basis. Mr. James S. Mays, 6601 Dakota Trail, urged the assessment on
a per lot basis.
street had not been improved before installation of sewer and water but that
there was no precidence for making any allowance for those who had been
included in the original street improvement A-98.
cussion, Councilman Johnson moved that the assessments of BA-169A and BA-169B
be levied on a per lot basis because of the wide disparity in the size of lots.
Motion-was.:seconded b$'CounEilman$ourtney and carried. (See Resolution Order
ing Assessment later in Minutes.)
P. STREET IMPROVEMENT NO, A-170 in the following:
Chowen Avenue from West 60th Street to West 61st Street
Mr. Hyde presented analysis of assessment showingtotal construction cost at
$4,310.42, proposed to be assessed against 747.04 assessable feet at $5.77 per
foot against estimated assessment of $10.21.
had been received prior thereto. (See Resolution Ordering Assessment later in
Minutes. )
Q. GRADING IMPROVEMENT NO. C-107 in the following:
Mr, Hyde presented total oonstmcafon cost at $5,288.66, less $1,178.04 to be
assessed against Lot 2, Block 1, Moccasin Valley, proposed to be assessed
against 7 assessable lots at $885.66 against estimated assesshent of $569.34.
No objections were heard and none had been assessed prior thereto.
tion Ordering Improvement later in Minutes.)
R. SANITARY SEkJER IMPROVEMENT NO. 289 in the following:
Nr. Hyde presented analysis of assessment showing total construction cost at
$5,412.25, less $850.00 proposed to be assessed against Lot 2, Block 2 Moc-
casin Valley Addition, proposed to be assessed against seven assessable lots
at $651.75, against estimated assessment of $711.87.
and none had been received prior thereto..
later in Minutes.) .
4s. WATERMAIN.. IMPROVEMENT NO. lJMy251 in the following:
Moccasin Valley Road from Valley View Road to 266' 2 South
Mr. Hyde presented analysis of assessment showing total construction cost at
$4,235.59, less $600.00 proposed to be assessed against Lot 2, Block I, Moc-
casin Valley Addition, proposed to be assessed against 7 assessable lots at
$519.37 against estimated assessment of $508.93.
none had been received prior-thereto.
later in Minutes.)
E. STREET IMPROVEMENT NO. BA-163 in the following:
Moccasin Valley Road from Valley View-Road to 266' & South
Mr. Hyde presented analysis of assessment showing total construction cost at
$4,467.85, less $1,783.56 proposed to be assessed against Lot 2, Block 1,
Moccasin Valley Addition, a$ainst 7 assessable lots at $383.47 per lot as
against estimated assessment of $409.96 per assessable lot.
heard and none had been received prior thereto. (See Resolution Ordering'
Assessment later in Minutes.)
Councilman Johnson said that it was unfortunate that the
.
Following considerable dis-
No objections were heard and none
Noccasin Valley Raad 'fx6fh Valley View Road Eo 266'$. south
(See Resoly-
Moccasin Valley Road from Valley View Road to 266'_+ South
No objections were heard
(See Resolution Ordering Assessmeng
No objections were heard and
(See Resolution Ordering Assessment -
No objections were
232. .
U. OXNBEIEHTAL,LIGHTING
9/13/7 1 ..
DPROVEMENT NO. L-8 in the following;
Metro Blvd. from Highway 100 to Edina Industrial Blvd.
Edina Industrial Blvd. from Highway 100 to West 78th St.
-B&h:L5ke 'R&d ..f ir'dPEdEha - IndGs kr~&l43liid: tRo%th:: t6, &%*de-sac
Ohms Lane from West 74th St. North to cul-de-sac
57est 73rd St. from Ohms Lane West to cul-de-sac
I Vest 74th Street fromMetro Blvd. to Bush Lake Road
Vest 76th St. from Metro Blvd. to Bush Lake Road
Dewey Hill Road from Bush Lake Road to Ninneapolis, Northfield and Southern
West 78th St. from Bush Lake Road, to Ninneapolis, Northfie:d and Southern
-. - .
Railway
I Mr. Hyd@&%!!nted analysis of assessment. showing. total construction cost of
$55,342.14, proposed to be assessed against 24,272.87 at $2.28 per assessable
foot as against estimated assessment of $3..29 per assessable foot.
ions were heard and none had been received prior thereto.
Ordering Assessment later in Minutes.)
V. PARKING RAMP IMPROVEMENT NO. P-1 in the following:
Blr. Hyde presented analysis of assessment showing total construction cost of
$536,377.39, 35% of which ($134.087.83) is proposed to be assessed against
253,667 assessable square feet at $.5286 per assessable square foot against
estimated assessment of $.5228 per assessable square foot.
$402,289.56 balance is to be. deferred until further studies are made to determine
the use of the ramp.
thereto,
TJ. SANITARY SEWER IMPROVEMENT NO. 288 in the following:
No object-
(See Resolution
. West 50th Street and France Avenue South
Assessment of the .
No objections were hear'd and none had been received prior
(See Resolution Ordering Assessment later in Minutes,)
Hyde Park Drive from Dewey Hill Road South 470' 2
Hyde Park Circle from Hyde Park Drive,to cul-de-sac
-1Ir. Hyde presented analysis of assessment showing total construction cost at
$30,226.13, proposed to be'assessed against 11 assessable lots at $2,747.83 per
assessable lot against estimated assessment of $903.16 per assessable lot.
.reply to a question from Council, Mr. Hyde explained that the costs ran consid-
erably higher than the ,estimate because of soil conditions,and that this was
the case also in the following two improvements in the same area.
were heard and none had been received prior thereto.,
12s~essments.. later in Ninutes .)
X.
In
No objections
(See Resolution Ordering I WATERMAIN IMPROVEMENT NO. 1-250 in the following:
Hyde Park Drive from Dewey.Hill Road to 470' 2 South
Hyde Park Circle from Hyde Park Drive to cul-de-sac
Explaining that this assessment also is higher because of an unforseen condition
of the soil, Mr. Hyde presented total construction cost at $12,392.27,.proposed
to be assessed against 11 assessable lots at $1,126..57 per assessable lot against
estimated assessment of $699.88.
received prior thereto.
Y.
Mr. Hyde presented analysis of assessment indicating that total construction
cost of $6,333-49 proposed to be assessed against 11 assessable lots at $575.59
per assessable lot was considerably higher than the estimated assessment of
$366.84 per assessable lot because of the soil conditions in the area.
objections were hea-rd and none had been received prior thereto.
son then offered the following resolution and moved its adoption:
No objections were heard and none had been
(See Resolution Ordering Assessment later in Minutes.)
STORHSEIER fiPROVEMENT NO. ST.S.-122 in the following:
Hyde Park Drive from Hyde Park Circle to. 50' 3. East
No
Councilman,John-
RESOLUTION ADOPTING AND CONFIRlSIhG
SPECIAL ASSESSMENTS LEVIED ONvACCOUNT OF
IJATERMAIN IIPROVEM&NTS NOS. I*-250, Wbl-25 1 AND 1?&1-252
SANITARY SEWER IMPROVEMENTS NOS, SS-288 AND $S-289
STORM SEWER IMPROVEMENTS NOS. ST,.S-119 AND ST,S-;$22 i
GRADING INPROVEMENTS NOS, C-95 AND C-107
ORNAMENTAL STREET LIGHTING IMPROVEMENT NO, E8
CURB AND GUTTER IMPROVEMENT'NO. By79
STREET IMPROVEMENTS NOS. BA-135, BA-153, BA-158, BA-159,
. BA-160 , BA-163, BA-164 , BA-165 , BA-l69A, BA-l69B, BA-170 , BA-172
BA-128 AND BRIDGE NO. BR-3 I
PARJCI'NG RAMP NO. P-1
BE IT RESOLVED by the Village Council of the Village.of Edina, Minnesota, as
follows :
1.
assessment rolls for the improvements hereinafter referred to, and at such hear-
ing held on September 13, 1971, has considered all oral and written objections
presented against the levy of such assessgnents,
2. Subject to the amendments mgde in Paragraph 3 of this resolution, each of
the assessments as set forth in the assessment rolls on file in the office of
*-*
The Village has given notice of hearings as required by law on the proposed
9/13/71 2 3.8
d
the Village Clerk ~OE fhe follqwing .improvements : Watermain Improvements Nos.
TJM-250, WI-251 and WM-252, Sanitary Sewer Improvements Nos. SS-288 and SS-289,
Storm Sewer Improvements Nos. ST.S.-119 and ST,S.-122, Grading Improvements
Nos. C-95 and C-107; Ornamental Street Lighting Improvement No. L-6, Curb and
Gutter Improvement No. B-79, Street Improvements Nos. BA-135, BA-153, BA-158,
BA-159,rBA-160, BA-163, BA-164, BA-165, BA-169AY BA-169BY BA-170, BA-172,
BA-128 and Bridge No. BR-3 and Parking Ramp No. P-1 does not exceed the local
benefits conferred by said improvements upon the lot, tract or parcel of land
so assessed, and all of said assessments are hereby adopted and confirmed'as
the proper assessments on account of said respective improvements to be spread
against the benefited lots, parcels and tracts of land described therein.
3. Said assessments are hereby amended so that Street Improvement No. BA-159
will be assessed on a per foot basis and Street Improvements Nos. BA-169A and
BA-169B will be assessed on a per lot basis.
4. The assessments shall be payable in equal annual installments, the first
of said installments, together with interest at the rate of 5% per annum on
the entire assessment from the date hereto to December 31, 1972, to be payable
with the general taxes for the year 1971, as follows:
Watermain Improvement No. 252 10 years
Street Improvement No. BA-16& 10 years
Street Improvement No. C-95 10 years
Street Improvement No. BA-172 10 years
Storm Sewer No. 119 10 years
Curb and Gutter Improvement No. B-79 10 years
Street Improvement No. BA-128 -& BR-3 10 years
Street Improvement No. BA-135 10 years
Street Improvement No. BA-153 10 years
Street Improvement No. BA-158 10 years
Street Improvement No. BA-159 10 years
Street Improvement No. BA-160 . 10 years
Street Improvement No. BA-165 10 years
Street Improvement No. BA-169A 20 years
Street Improvement No. BA-169B 20 years
Street Improvement No. A-170 5 years
Street Improvement No. C-107 10 years
Sanitary Sewer No. 289 10 years
Watermain Improvement No, 251 10 years
Street Improvement No. BA-163 10 years
Ornamental Lighting Improvement NO. L-8 10 years
Parking Ramp No. P-1 (25%) 20 years
Sanitary Sewer No, 288 10 years
17a termain Improvement No.. WM- 250 10 years
Storm Sewer Improvement No. ST.S.2122 10 years
5.
a copy of this resolution and a certified duplicate of said assessments, with
each then unpaid installment and interest set forth separately, to be extended
on the tax lists of the County in accordance with this resolution.
6.
payable by a county, by a political subdivision or by the owner of any right
of.way, as required by Minnesota Statutes, Section 429.061, Subdivision 4,
and if any such assessment is not paid in a single installment, the Village
Treasurer shall arrange for collection thereof in installments, as set forth
in said section.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were three ayes and no nays for WM-252, BA-164, C-95, BA-172,
ST.S.-119, B-79, BA-128 and BR-3, BA-135,'BA-153, BA-158, BA-159, BA-160,
BA-165, BA-169A and BA-169B as follows: Courtney, aye; Johnson, aye; Van
Valkenburg, aye; Rollcall for Ad170, SS-289, WM-251, BA-163, L-8, P-1, SS-288, C-107,
IJM-250 and ST.S.-122 was as follows: CourQey, aye; Johnson, aye; VanValken-
burg, aye, Mayor Bredesen, aye and the-resolution was adopted. Mayor Bredesen
assumed the Chair.
ORDINANCE NO, 811-A15 GRANTED SECOND READING AND OVERALL DEVELOPMENT PLAN
APPROVAL.
mended by the Planning Commission, advising that the developer, Poppler, Car-
darelle, Inc., (Windwood Apartments) have agreed to construct 206 units as
proposed by Council and are relocating a street to go around, rather than thru,
a hill. Final development plans indicated that almost all natural vegitation
has been conserved. Councilman Johnson then offered the following ordinance
for Second Reading and moved its adoption:
The Village Clerk shall forthwith prepare and transmit ,to the County Auditor
The Clerk shall also mail notice of any-special assessments which may be'
Mr. Luce presented Ordinance No. 811-A15 for Second Reading as recom-
ORDINANCE NO. 811-A15
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY ADDING TO THE PLANNED ESIDENTIAL DISTRICT (PRD-3)
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
"The exteat of the Planned Residential District (Sub-District-PRD-3) is
. The South 20 rods of the West 40 rods of the Northwest 1/4 of Southeast
Paragraph 4 of Section 5 of Ordinance NO. 811 of the Village
is amended by adding the following thereto:
enlarged by the addition of the following properties:
1/4 of Section 8, and the North 20 rods of the' West 40 rods of the
Southwest 1/4 of Southeast 1/4 of Section 8, Township 116, Range 21.
The North 166.5 feet of the IJest 261.62 feet of the.East 757.37 feet
together with
the East 495.75 feet of that part of the Northwest 1/4 of the Southeast
1/4 lying South of the North 30 acres of Section 8, Township 116, Range
21, except that part, of the aforedescribed parcel as follows: beginning
at the Southwest corner of said parcel, thence East along the South line
of said. parcel 660 feet ; thence ,Northwest 430 fee thence Southwesterly
480 feet to a point 110 feetsNorth of the point of beginning; thence
South 110 feet to the point of beginning, not to exceed 3.0 acres and
subject to road easements over the Easterly 33 feet as Edina may require,
That part of the Vest 1/2 of the Southeast 1/4 of Section 8, Township
116, North Range 21 West of the Fifth Principal Meridian, described as
follows:
of the Southwest 1/4 of the Southeast 1f4 distant 676.17 feet East
from the West line thereof; thence North at right angles 250 feet; thence
$ast parallel with said South line 117.23 feet; thence Southeasterly to
a point in said South line 301.03 feet East from the point of beginning;
thence East to klesterly line of County Road No. 28; thence Northeasterly
and North along said Westerly line to the North line of the South 10
acres of the Northwest 1/4 of,the Southeast 1/4; thence West along said
North line 462.75 feet; thence South parallel with the East line of the
Northwest 1/4 of the Southeast 1/4 a distance of 166.5 feet; thence
West parallel with North line of the South 10 acres of the Northwest Vest
1/4 of the Southeast 1/4 tb the West line of the East 1/2 of said South
10 Acres; thence South to the Southwestecorner of the East 1/2 of the
North 20 rods of the Southwest 1/4 of the Southeast 1/4; thence East to
beginning.
That part of ghe North 20 rods of the Southwest Quarter of the Southeast
* Quarter of Section 8, Township 116, North Range 2-1 West of the Fifth
Principal Meridian described as follows:
South line of said North 20 rods 676.17 feet East from the West line
thereofi; thence North 250 feet at right. angles with said South line;
thence East 117.27 feet parallel with the said South line; thence South-
easterly to a point on the South line of said-North 20 rods 301.03 feet
East from.the point of beginning; thence West to the point of beginning.
The North 166.5 feet of the Vest 26L.62 feet of the East 757.37 feet
together with an easement for .road. purposes over the North 30 feet of
the East' 495.75 feet of that part of the Northwest 1/4 of the Southeast:
1/4 lying South of the North 30 acres of Section 8, Township 116, Range
21.
Sec. 2s. This ordinance shall be in full force and effect upon its pass-
age and publication, 1
an easement for road purposes over the North 30 feet of
Commencing at a point in the South line of the North 20 rods.
Beginning at a point on the
Motion for adoption of the urdinance was
-on rollcall there were four ayes and no
METROPOLITAN COUNCIL HEETING of September 23, 1971 was noted.
taken.
No action was
som~ smumm AREA $ENTAL HEALTH, MENTAL RETARDATION ANI) DETOXXFICATION FACIL-
ITIES REFERRED TO VILLAGE MANAGER,
Hennepin County Mental Health-Mental Retardation Board inviting the Village to
participate in exploring the possibility of development of mental health, mental -
'reeardation and detoxification facilities for the south suburban area which
would be assisted by the Hennepin County Mental Health-Mental Retardation Area
Board and the'Hennepin County Alcoholism and Drug Task Force.
discussion, Mayor Bredesen asked Mr. Hyde to investigate the possibilities and
consult with other area municipalities in regard to such a facility.
STANDARD OIL COMPANY ZONING CHANGE REQUEST HEAlUNG DATE SET. Councilman- John-
son's motion was seconded by Councilman *Courtney and carried setting hearing
date, as requested by Standard Oil Company, for zoning change for part of Lots
5 and 6, Block 6, Edina Interchange Center from 0-1 Office Building District to
Mayor Bredesen referred to a letter from
Following some
-
9/13/71
to C-4 Commercial District, for October 4, 1971.
ps
' bull
PARCEL 1730, SECTION 30, TOWNSHIP 28, RANGE 24, LOT DIVISION HEARING DATE SET.
As recommended by Mr. Luce, Councilman VanValkenburg's motion was seconded by
Councilman Johnson and carried setting hearing date for division of Parcel
1730, Section 30, Township 28, Range 24 for October 4, 1971.
mPUT OF LOTS 5 AND 6, BLOCK 6, EDINA INTERCHANGE CENTER, PRELIMINARY PUT
APPROVAL HEARING DATE SET for October 4, 1971, by motion of Councilman Johnson,
seconded by Councilman.Courtney and carried.
BRAEMAR OAKS GRANTED FINAL PUT APFROVAL SUBJECT TO COMPLIANCE WITH ORDINANCE
NO. 801. Mr. Luce presented Braemar Oaks, located in Sduthwest Edina for
final plat approval, advising that Planning Commission had recommended approval
contingent upon the dedication of Outlot A and that he now has the deed for
this property.
granting final plat approval and moved its adoptioq subject to compliance with ~
Section 9 of Ordinance No. 801, as amended, as,follows:
Councilman Courtney then offered the following resolution
RESOLUTION
BE IT RESOLVED by the Edina Village Council that that plat known as Braemar - Oaks,,platted byDouglas J. Olson and by Roy H. Olson and Carnie N. Olson,
husband and wife, and presented
September 13, 1971, be and is-hereby granted final plat approval subject to pgH1i!jgnEEe'ql$?tkage Sect Ag€g.#!eZ of Ordinance No. 801, as amended, and approval of the
Qsolution was seconded by Councilman Johnson and
on rollcall there were four ayes and no nays anti the resolution was adopted.
Mayor Bredesen added that he still believes that the developers of the property
should pay for the tennis courts.
SMISEK ADDITION GRANTED FINAL PLAT APPROVAL SUBJECT TO COMPLIANCE WITH ORDIN-
ANCE NO. 801. Mr. Luce presented Smisek Addition, noting that the hardshells
are not available since the plat is being revised so that the road will go
around, rather than through, a hill as recommended by the Planning Commission.
Councilman Courtney then offered the following resolution and moved its adopt-
ion granting final plat approval, subject to the dedication of Outlots A and
B to the Village and subject further to compliance with Section 9 of Ordinance
No. 801, as amended:
RESOLUTION
BE IT RESOLVED BY the Edina Village Council that that plat known as "Smisek
Addition?,-platted George F. Smisek and Mary A. Smisek, husband and wife, by
LeRoy G. Scherber and Rosemarie Scherber, husband and wife, by Eleanor A.
Grossman, a single person, also known as Eleanor Swanson, owners and pro-
prietors, and by Poppler-Cardarelle, Inc., a Minnesota Corporation, and pre-
sented at the meeting of the Edina Village Council of September 13, 1971, be
and is hereby granted final plat approval, subject to compliance with Section
9 of Ordinance No. 801, as amended,.and subject further to the dedication of
Outlots-A and B to the Village of Edina.
Motion for adoption of the resolution was seconded by Councilman Johnson and
on rollca1,l there were four ayes and no nays and the resolution was adopted.
at the Edina Village Council Meeting of
otion for a op 1 n o
-
TRAFFIC SAFETY COMMITTEE MINUTES APPROVED; HSOLUTIONS ADOPTED BY COUNCIL. .
Councilman Johnson's motion for approval.of the Traffic Safety Committee Min-
utes of September 8, 1971,'was seconded by Councilman VanValkenburg and
carried.
its adoption as recommended by' the Traffic Safety Committee:
Councilman Johnson then offered the following resolution and moGed
RESOLUTION
WHEREAS, traffic congestion at the intersection of France Avenue and West
66th Street is considered to be an extreme hazard; and
'WHEREAS, numerous accidents have occurred at this intersection;
NOW, THEREFOkE, BE IT RESOLVED by the Edina Village Council that the Hennepin
County Highway Department" be urged to install immediately left turn arrow
signalization for both Northbound and Southbound France Avenue traffic at \?est
66th Street.
Motion for adoption of the resolution was seconded by Councilman VanValkenburg
and on rollcall there were four ayes and no nays. and the resolution was adopted.
Councilman Johnson then offered the following resoluti on and moved its adoption:
WHEREAS, the reconstruction of Vernon Avenue will be completed in the immediate
future; and
PIHEREAS, numerous public meetings and hearings were held before approval of
the construction play by the Edina Village Council; and
PJHEREAS, the major concern expressed by affected property owners and concerned
citizens at said meetings and hearings was that widening of said Vernon Avenue
RESOLUTION
I 9/13/71 -
would lead to excessive speeding with resultant hazards to vehicular and
pedestrian movements upon approaching and crossing said Vernon Avenue; and
IZfEREAS, in response to this concern both Village and Hennepin County officials
consideration would be given to establishment of a speed limit considerably
below the 45 MPH in effect previous to reconstruction;
NCV, THEREFORE, BE IT RESOLVED that the Edina Village Council requests thathhe
Hennepin County Highway Department establish the following speed limits and
that such speed limits be posted on Vernon Avenue previous to opening any
portion thereof td traffic:
Vernon Avenue West of Hansen Road - 35 MPH maximum
Vernon Avenue East of Hansen Road (through business area)
. assured said affected property owners and concerned citizens tht all possible
\ -. 30 MPH maximum /
Motion for adoption of the resolution was seconded by Councilman Courtney-and
on rollcall there were four ayes and no nays and the resolution was adopted.
Councilman VanValkenburg then offered the following resolution and moved its
adoption :
RESOLUTION
WHEREAS, traffic congestion at the intersection 0f.T.H. 100 and Vest 77th
Street is considered to be an extreme hazard; and
WHEREAS, numerous requests received by the Village of Edina for additional
signalization of the intersection have been deferred pending the bid letting
which was set for September 24, 1971; and
WHEREAS, the proposed bid letting has now been indefinitely postponed;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina
that the Minnesota Highway Department be urged to install iTediately left turn
arrow signalization for both Northbound and Southbound Highway 100 traffic at
West 77th Street.
Motion for adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were four ayes and no nays and the-resolution was adopted.
ARROW TANK COMPm PROPERTY CLEAN-UP NOTED.
Company had been served with a list of deficiencies to be corrected following
the propane gas-leak which took place the end of July.
officials had been most cooperative in cleaning up the property and had indi-.
cated their intention to eliminate as many dangerous operations as possible in
the near future.
from its. present site.
PARKING RAMP LITIGATION COMMENCED.
ized litigation relative to the Parking Ramp if the Village had not received
a sktisfactory offer from the contracting engineer or the cement suppliers.
He advised that Howard, Needles, Tammen & Bergendoff had offered only $5,000
and that litigation had been instighted.
Mr. Hyde recalled that Arrow Tank
He advised that company
I Arrow Tank Company has also indicated its intention to move
Mr. Hyde recalled that Council had author-
FIRE DEPARTEENT SPACE UTILIZATION DISCUSSION CONTINUED INDEFINITELY by motion
of Councilman VanValkenburg, seconded by Councilman Courtney and carried.
RIDGE ROAD SANITARY SEIaJER NEED DISCUSSED, Mr. Hyde recalled that after the
public hearing on July 12, 1971 on the proposed Ridge Road sanitary sewer,
Council requested that the matter be referred to the Pollution Control Agency.
On August 16, Mr. Hyde received a letter from the Acting Chief
Standards & Surveys of the Pollution Control Agency saying that that is the
responsibility of the Netropolitan Council and the Eletropolitan Sewer Board.
Mr, Hyde sai'd that after talking with Nr. Wayne Packard, Mr. Packard had advised
that the wells in question would be tested and the results of the tests sent to
Nr. Hyde. On September 7, Blr. Hyde received a letter from Albert J. Hofstede,
ehntafning -a number of inconsistent recomme_ndations. Mayor Bredesen asked Mr.
Hyde to write a letter to Mr. Hofstede ovdrrhis signature complaining about the
handling by' the Pollution Control Agency of the request of the Village and
requesting that action be taken as requested in Nr. Hyde's letter of July 26,
1971.
NORMAN JENSVOLD SUIT REFERRED TO INSURANCE COMPANY. Mr. Hyde advised Council
of a suit brought by Norman Jensvold because a beer bottle had broken in his
hand and advised that the matter had been referred to the Village Attorney and
to the insurance company.
of Section of
.
SUBURBAN HENNEPIN COUNTY RELIEF BOARD MEETING REVIEWED,
reported that action taken at the Annual 3feeting of the Suburban Hennepin
County Relief Board included an increase in maximum housing allowance of 15%,
denial of a 10% increase in maximum food allowance, denial of a requept of
Minneapolis Welfare Department to remain open Fwenty-four .hours to handle
emergency calls,from Pilot City and referred to the board the possibility of
municipalities paying rent in advance as is done with Suburban Public Health
Nursing Service. No action was taken.
The Village Clerk
9/13/71 c
METROPOLITAN SEWER DISTRICT 1 ADVISORY BOARD DISCUSSED. Mr. Dunn recalled that
he had represented the Mayor at a meeting of the Eetropbditdn Sewer Board Dist-
rict 1 at which a number of municipalities have objected to the fact that only
the five most populous municipalities in the district have members on the
advisory board.
tion on the Board has been look into further.
VALLEY VIEW ROAD CONNECTING STREETS CONCRETE STJRFACTNG TO BE REPLACED.
recalled that with the widening of Valley View Road from 14. 68th Street to thd
Crosstown Highway, it was necessary to riz;&aderTeonndctingxitreets. He advised
that $15 so doing, it was hecessary to take out possibly 100 feet of concrele
in the side streets and that many objections had been received from property
owners when the concrete was replaced with blacktop., Mr. Dunn said that the
estimated cost of replacing the streets with concrete would be between
$11,000 and $12,000. Mr. Erickson said that properties were assessed on the
matter of benefit and that if the value of the properties would be less because
of the installation of blacktop, he would thjnk that residents would be entitled
to a concrete surfacing. Mr. Dean Korthof, 5717 Grace Terrace, and Mr. Richard
Delaney, 5720 Lois Lane, urged that the concrete be replaced. As recommended
by Mayor Bredesen, Councilman Johnson's motion was seconded by Councilman Van
Valkenburg and carried that the streets be replaced with concrete as originally
constructed.
Another meeting will be called after the matter of representa-
Mr. Hyde
P-,
MARTHA NELSQN APPOINTED TO HUMAN RIGHTS COElMISSION AS HIGH SCHOQLMENBER. As sug-
gestied by Hayar'Dredesen, Larry Carolla was appointed to serve as the W@--Schoo-l
Member of the Human Rights Commission for a period of one year.
SOUTHDALE LIQUOR STORE SITE PURCHASE AUTHORIZED. Councilman VanValkenburg ' s
motion was seconded by Councilman Courtney and carried confirming the authority
granted at the infohal budget meeting for final preparation of the purchase
agreement on the land South of the Red Owl Store, and North of ShufelBt Cadil-
lac in the amount of $98,000.
Ld/LYi
The motion was seconded, with Councilman Johnson
abstaining. I
EDINA-LIBRARY SALE TO HENNEPIN COUNTY NOTED.
Had aEt%nded a meeting with the County Co+issioners at which negotiations
were sdch that fie had felt forced to accep.t the offer of the County of
$525,000 instead of $600,000 which he felt was a fair price as did Commissioner
Robb.
invested and dedicated to some cultural purpose.
that the funds from sale of the library be used as recommended by the Mayo?
was .seconded by Councilman VanValkenburg and carried.
ORDINANCE NO. 801-A6 GRANTED SECOND'READING. Councilman Johnson offered the
following ordinance for Second Reading and moved its adoption:
Mayor Bredesen'advised that he
Mayor Bredesen recommended that approximately $515,000 of this money be
Councilman Courtney's motion
AN O'RDINANCE AMENDING ORDINANCE NO. 801 OF THE
VILLAGE TO REQUIRE PLATTING TJITH RESIDENTIAL
REZONIhG. TO REQUIRE DEDICATION OF LAm OR CON-
TRIBUTION OF CASH FOR PARKS ANI) PLAYGROUNDS
AND FOR FINAL PLAT APPROVAL PROCEDURE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
' Section 1. Section 3 of Ordinance No. 801 is hereby amended by changing
"Sec. 3. .Plats to Comply with Law and Zoning Ordinances; Plats Required
Sec. 2. Section 3 of Ordinance No. 801 is hereby amended by adding
"(d)
the heading thereof as follows:
for Residential Rezonings ."
thereto a subparagraph (d) as. follows :
residential zoning district (including the single family dwelling district),
or from one residential zoning district to another residential zoning district
(including, in each case, the single family dwelling district), s'hall be
platted pursuant to and in accordance witfi this ordinance, in connection with
and at the time of such transfer.'F
Sec. 3. Subparagraph (a) of Section 4 of Ordinance No. 801, as amended,
is hereby amended to read as follows:
"(a) In every plat, replat, or subdivision of land for residential use
a reasonable portion of such land, but not less than 5% thereof in area,
shall be set aside and dedicated by the tract owner or owners to the general
public as open space for park and pPayground purposes.
that in such plats, replats or subdivisions in excess of 30 acres, the tract
owiier or owners shall have the option of contributing to the Village an amount
of cash equal to the undeveloped value of the land othemii-ge required to be
so set aside and dedicated, or to set aside and dedicate a part of such land
Any land 'transferred from a non-residential zoning district to a
Provide4 however,
i 9/ 1317 1
and to contribute the balance of such undeveloped land value in cash.
vided further, however, that in such plats, replats or subdivisions of 30.
acres or less,.the Village shall have the option to require such cash con-
tribution in lieu of setting aside and dedicating land or to require a part.
of such land and the balance of such undeveloped land value in.cash. Land
then set aside and dedicated for public park and playground purposes pursuant
to Section 5 (Planned Residential District) of Ordinance No. 811 may be con-
sidered.as set aside and dedicated under this Ordinance No. 801 to the extent
required hereunder,in connection with such plat, replat or subdivision; but
then only to the extent thatsuch.1and;is in excess of the open space then
required by Ordinance No. 811.
placed in a special fund and used only for the acquisition of land for parks
and playgrounds; development of existing parks and playground sites, and debt
retirement in connection with land previously acquired for parks and play-
grounds, ForL$arposes of this ordinance l'undeveloped.value of the land" is
defined as the market value of the land within such plat, replat or subdivi-
sion as of the date the plat, replat or subdivision is presented to the
Village Council for preliminary approval, or if no preliminary approval be
given or required, as of the date so presented for final approval, as
determined by the Village assessor in the same manner as he determines the
market value of land for tax purposes, excluding, indetermining such value,
all value added to such land by improvements, including utilities, streets
and other public improvements serving such land, but including in such deter-
minatiozr.the highest and best use to which the land. can be put under the zoning
district then existing or under that zoning district to which the land is
then about to be transferred."
amended to read as follows: ._
Pro-
L Any money so paid to the Village shall be
Sec. 4. Section 9 of Ordinance No. 801, as,amended, is hereby -.E.
"Sec. 9'. Final Approval of Plat. When a plat has been given
preliminary approval by the Council and the required improvements have been
completed, or subdivision financing agreement executed by the Village and
the person or persons who filed such plat, and recordable separate agreement
relating to payment of special assessments upon sale of property executed, and
security furnished and land set aside and dedicated or 'equivalent cash con-
tribution made, all as herein required, the Village Manager shall submit a
supplementary report thereon with the plat'to the Council for final approval,
which shall be given by resolution.?
its passage and publication, and when effective shall be filed with the office
of the-Register of Peeds, Hennepin County, Minnesota.
Motion for adoption of the resolution was
un rollcall there were four ayes and no n
ATTEST:
I Sec. 5. This ordinance shall be in full force and effect upon.
bRulu-b.&
Village Clerk
USE OF HIGHWAY SALT TO BE DISCUSSED.
set up a meeting to explain legislation on the use'of salt on highways and
recommended that-the Village cooperate in its practices and abEde by the new
legislation.. No action was taken. '
Mr. Hyde reported that the County has
DUTCH ELM AND OAK VILT DZSEASE ASSISTANCE BY COUNTY NOTED. Mr. Hyde advised
Council of receipt of a letter from Hennepin County noting its ability to help
with Dutch Elm-and Oak Wilt disease and that the Village will take advantage
of the assistance-offered. No action was taken.
1-3514 URBAN DEMONSTRATION PROJECT DISCUSSED.
State Highway Department had sent copies of its report on the 1-351d Urban
Demonstration Project on bus metered freeways, noting that it is proposed that
special ramps would be put in to allow buses priority over passenger cars and
that Edina would be effected only at the Crosstown Highway at Xerxes Avenue.
Nr. Hyde invited suggestions from Council which could be forwarded.
~7as taken.
BIr. Hyde advised Council that the
No action
ORR, SCHELEN & MAYERON SANITARY SEWER CAPACITY STUDY DISCUSSED; PABENT AUTHOR-
IZED. Nr. Hyde recalled that some-time ago, in connection-with the requirement
of the Metropolitan Sewer Board and the Metropolitan Council for a compre-
hensive sewer plan, Council had authorized retaining Orr, Schelen and Mayeron
to make a survey on the sanitary sewer capacity of the entire Village and recom-
mend future needs. Present were Messrs. Harry Mayeron, Jeffrey Johnson and Sam
Houston, who reviewed findings of the survey. Following presentation of the
9/13/71 G
survey, Mr. Hyde recalled that the contract price of the survey was $10,000
on a time and material basis, with the understanding that when the amount of
work reached $10,000, the Village was to be notified before any additional
work was done.
final bill was $14,626. Mr. Hyde said that legally the Village is not obli-
gated to pay, but that he is certain that it would have been recommended that
the study be continued. Following some discussion in which it was recognized
that the hourly rates were reasonable, Councilman Courtney's motion to pay
the total bill was seconded by Councilman Johnson and carried. The Village
Manager was given authority to continue working with the Metropolitan Sewer
Board and with Eden Prairie.
Orr Schelen & Mayeron did not notify the Village and the
TREASURER'S REPORT AS OF JULY 31, 1971, was presented by Mr. Dalen, reviewed
and ordered placed on file by motion of Councilman Johnson, seconded by
Councilman Courtney and carried.
LIQUOR REPORT AS OF JULY 31, 1971, was presented by Mr. Dalen, reviewed and
ordered placed on file by motibn of Councilman VanValkenburg, seconded by -
Councilman Courtney and carrked. .
E
CLAIMS PAID. Motion.of Councilman VanValkenburg xGas seconded by Councilman
Courtney and carried for payment of the following claims as per Pre-List:
General Fund, $165,903.14; Construckion Fund, $153,256.33; Park, Swimming,
Golf, Gun, Arena, Park Construction, $151,442.31; Water Fund, $11,422.16;
Liquor Fund, $36,384.41; Sewer Fund, $11,808.72; Improvements, $199.15;
PIR and Poor, $3,851.73; Total, $534,268.31; and for Confirmation of payment
of the following claims: General Fund, $12,942.36: Park, Swimming, Golf, Gun,
etc., $5,820.82; Water Fund, $8,664.94; Liquor Fund, $107,523.90; Sewer Fund,
$607.27; Total, $135,559.29.
No further business appearing, Councilman Courntey's motion for adjournment
was seconded by Councilman Johnson and carried. Adjournment at 9:05 p.m.
Village Clerk d