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HomeMy WebLinkAbout19720207_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, FEBRUARY 7, 1972 Members answering rollcall were Councilmen Courtney, Shaw and Johnson, who served as Mayor Pro Tem in the absence of Mayor Bredesen and Councilman Van Valkenburg. FIREFIGHTER THOMAS M. HURLEY COMMENDED. Thomas M. Hurley of the Edina Fire Department a certificate indicating his completion of a correspondence course in Supervisory Methods in Municipal Administration which was given by the International City Management Associ- ation. by Village employees to improve their services to the Village. Mayor Pro Tem Johnson presented to Mayor Pro Tem Johnson pointed out that this award demonstrates efforts PARCEL 1730, SEC. 30, T. 28, R. 24 LOT DIVISION APPROVED; SALE OF PROPERTY AUTHORIZED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce advised Council that, if the divi- sion is approved, it is proposed to sell the property to a contractor who would construct two dwellings on the site. Mr. Luce showed pictures of houses similar to those proposed to be constructed on the site, which is the location of the old fire station site. ions were heard, whereupon Councilman Courtney offered the following resolution and moved its adoption: l?HEREAS, the following described property is at present a single tract of land: With the aid of the view-graph, No object- RESOLUTION TEey North :377,%8 f&!. sf-'eEZic @&rZ *of the &~f':660' feet of Northwest Quarter of Southwest Quarter of Section 30, T. 28, R. 24, except the West 410 feet thereof, and except the East 30 feet and South 2.5 feet thereof; also the West 20 feet of East 250 feet of South 2.5 feet of North 177148 feet of West 660 feet of Northwest Quarter of Southwest Quarter of Sec. 30, T. 28, R. 24; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels&') described as follows : The East 110 feet of North 177.48 feet of the West 660 feet of the Northwest Quarter of the Southwest Quarter, Sec. 30, T. 28, R. 24 except the West 410 feet thereof and except the East 30 feet thereof and except the South 2.5 feet thereof; and The North 177.48 feet of the Vest 660 feet of the Northwest Quarter of the Southwest Quarter of Sec. 30, T. 28, R. 24, except the West 410 feet thereof and except the East 140 feet thereof and also except the South 2.5 feet thereof; also the tJest 20 feet of East 250 feet of South 2.5 feet of North 177.48 feet of West 660 feet of Northwest Quarter of Southwest Quarter of Sec. 30, T. 28, R. 24; and IJHEmAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the Village of Edina will create an unnecessary hardship and said Parcels 9s-separate-tractszof land do not interfere with the pur- poses of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 811 ar'd 801; NmJ, THEREFOBE, 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 Ordinance No. 811 and Ordinance No. 801 are hereby waived to allow said division.and convey- ance 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 three ayes and'no nays and the resolution was adopted. Mr. Luce recalled that bids Iiad been taken for this property on November 15, 1971, high bid at which time $14,150 by Village Estates,-Inc., had been rejected by Council. He recalled that a bid of $21,000 had been approved at the meeting of January 17, 1972,, subject to approval of the lot division, whereupon Councilman Shaw' s motion was seconded by Councilman Courtney and carried 8Whorizing the sale of the property to Ed Hansen Builder, Inc., for $21,000.00 with assessments paid. PRELIMINARY PLAT APPROVAL GRANTED BRAEMAR HILLS 6T.H ADDITION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Braemar Hills 6th Addition for preliminary plat approval as recommended by the Planning Commission, with the condition the Village c ~ .. .- .." .. t 2/7/72 accept fee in lieu of park land. Mrs. Fred W. Cary, 6824 Gleason Road, questioned Mr. Frank Cardarelle who represented the developer as to how the plat would affect her property. She expressed satisfaction with his reply. No further comments were heard, whereupon Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIllINARY PLAT OF BRAEMAR HILLS 6TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Braemar Hills 6th Addition",,platted by R. H.T. Investment Company, a Minnesota corporation, and presented at the meeting of the Village Council on February 7, 1972, be and is hereby granted preliminary plat approval; and BE IT FURTHER RESOLVED that the Village accept fee in lieu of park land. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. RENNEY ADDITION PRELIMINARY PLAT CONTINUED TO MARCH 6 , 1972 Affidavits of Notice were presented by Clerk, approved.as to form and ordered placed on file. Mr. Luce presented Kenney Addition for preliminary plat approval as recommended by the Planning Commission, noting that this eight lot plat is located South of 11. 66th Street and Nest of T.H. 100. in the'plat to provice access to adjacent undeveloped property. Davis, attorney representing property owners in the area, presented a petition in opposition to the plat and noted that a number of neighbors were present to protest the plat as presented. Objections were on the grounds of concern over the preservation of the pond and wodds, and because neighbors wanted a more comprehensive plan developed for the entire area at the same time.. llr. Davis requested that the matter be postponed for one month to permit neighbors to meet with the Planner and developers to work out an over-all plan. Mention was made of action taken in 1965 to remove a deed restriction limiting one house to a lot. It was brought out that action on this matter is still pend- ing. Mr. Erickson said that the Village is not bound by private^ restrictions. Mr. Hyde recalled that several attempts have been made in the past to bring a sewer line into the area but that neighbors could not reach agreement in the matter. could not,be fdrced to plat their land at any particular time, but that neces- sary provisions would have to be made so that the property would not be land locked. Councilman Shaw's motion was then seconded by Councilman Courtney and carried that the hearing be continued-to March 6, 1972, so that neighbors could meet with the Planner and with the dev-eloper, and further that discussion should be limited to the Kenney Addition. He explained that a road is included Mr. Harry C. It was noted also that owners of the adjacent undeveloped property LOTS 1, 2, 3, 4 AND 5, BLOCK 1, CAROLANE ADDITION, PRELIlIINARY PLAT APPROVAL CONTINUED TO MARCH 6, 1972. ,Affidavits.of Notice were presented by Clerk, approved as to form and ordered placed on file. llr. Luce presented the pro- posal of the developer to increase to six, rather than five, the number of lots on Lee Valley Circle. smaller than lots to the South, but generally the area and that the platting would not affect the existing houses. Vernon A, Knutson, 7017 Lee Valley Circle, said that the four neighbors he had talked to had told llr. Oertel that they would not be in favor of the pro- posal. five lots. Nr. Oertel said that he thought he could reach agreement with the neighbors. Mayor Pro Tem Johnson said that Council could take no action unless neighbors agreed to removal of the deed restriction. motion was then seconded by Councilman Shaw and carried that the matter be continued to March 6, 1972, to see of the developer and neighbors could reach agreement. NORMANDAI3 LUTHERANCH CHURCH ADDITION GRANTED PRELIEIINARY AND FINAL APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file., Mr. Luce advised Council that this property is being platted merely to consolidate the legal description of Normandale Lutheran Church, whereupon Councilman Shaw offered the following resolution and moved its adopt- ion: Mr. Luce advised that the size of the lots is Mr. consistent with other lots in He advised that there is a deed restriction limiting the property to Councilman Courtney's RESOLUTION APPROVING FINAL AND PRELIMINARY PLAT OF NOFWANDU LUTHERAN I CHURCH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Normandale Lutheran Church Additiolif platted by Normandale Evangelical Lutheran Church of Edina, a Ninnesota Religious Corporation, owners and proprietors, and First Federal Savings and Loan Association of >Enneapolis, a United States of America Corporation, >Iortgagees, and presented at the meeting of the Edina Vil3gge Council.of February 7, 1972, 2/7/72 t " be and is granted preliminary and final'plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. BIDS AWARDED FOR VARIOUS PUBLIC IPlPROVEl4ENTS. Mr. Hyde presented tabulation of twelve bids received in response to Advertisement for Bids in the Edina Sun end in the Construction Bulletin on January 13, 20 and 27, 1972. Tabula- tion showed Riegger Roadways, Inc., low bidder at $73,385.50, Arnold Beckman, Inc., at $78,950.50, Minnesota Valley Surfacing Coy $47,525.50, Minn-Kota Excavating, Inc., at $104,684.00, with Engineer's Estimate given at $92,329.50. Councilman Shawls motion for award to recommended low bidder, Riegger Roadways, Inc., for Permanent Street Surfacing and Concrete Curb and Gutter Improvements Nos. BA-174, BA-183, BA-189, BA-177 (S.A.P. 20-147-04) was seconded by Council- man Courtney and carried. 2;4-D GRANULES CONTRACT AWARDED. Mr. Hyde presented tabulation of bids received in response to "Advertisement for Bids'' in the Edina Sun on January 20,. 1972 and in the Construction Bulletin on January 20 and 27, 1972. tion showed Lyon Chemicals, Inc., at $4,680.00 for 20,000 pounds with Barzen of Minneapolis, Inc., bidding $4,728.00. Councilman Shawls motion for award to recommended lot7 bidder, Lyon Chemicals, Inc., was seconded by Councilman Tabula- -Courtney and carried. FOUR-17HEELED INDUSTRIAL TRACTOR FOR PARK DEPARTMENT BID AtJARDED. presented tabulation of four bids received in response to Advertisement for Bids in the Edina Sun on January 20 and in the Construction Bulletin on January 20 and 27, 1972. Tabulation showed Valley Equipment low bidder for a JD 401Awith diesel engine and mounting a JD 7400 loader for the sum of $6,495.16, said bid being $190.50 under the next low bid E6r comparable equipment. as the difference in cost can be justified by decreased maintenance costs, lower fuel costs, increased lugging capability and decreased harmful air pol- lutants. Councilman Shawls motion for award to recommended low bidder, Valley Equipment, was then seconded by Councilman Courtney and carried; DISPOSABLE STREET SJ&EPER, GUTTER BROOMS AND BRUSHES BID AWAEWED. presented tabulation of bids for disposable street sweeper, gutter brooms and brushes taken on January 4, 1972 with Hennepin County. Newark Brush Co., at $27.00, Zarnoth Brush 'works at $30.86, Hall Equipment, Inc., at $27.227 , Hayden-Murphy at $30.95 , Malls Co. at $26.90, motion for cooperative award to Hall Equipment, Inc., for the mobile and Elgin sweeper brooms and to Newark Brush Company for the wire and plastic brushes as recommended was seconded by Councilman Courtney and carried. that the 5% discount offered by Hall Equipment, Inc., made their bid low for the sweeper brooms. Plr . Hyde The diesel engine is recommended over the standard gasoline engine i f Mr. Hyde Tabulation showed Councilman Shawl s It was noted TAW ROAD IMPROVEMENT PETITIONS RECEIVED. Sanitary Sewer, watemain, g?ading and graveling and permanent street surfacing and curb petitions were received for Tara Road between Kemzkch Drive and approximately 300 feet North, which petitions were ordered referred to the Engineering Department for processing by motion of Councilman Courtney, seconded by Councilman Shaw and carried. PART OF SEC. 7, T. 116, R. 21, LOT DIVISION HEARING DATE SET for February 28, 1972, by motion of Councilman Courtney, seconded by Councilman Shaw and carried. SUBDIVISION HEARING DATES SET. As recommended by Mr. Luce, Councilman Shaw's motion was seconded by Councilman Courtney and carried, setting hearing date for February 28, 1972, for preliminary plat approval for Edina Westland, Melody Knolls 7th Addition and Yorktown. REZONING HEARING DATES SET. motion was seconded by Councilman Courtney and carried setting the following rezoning hearings for February 28, 1972: , As recommended by Mr. Luce, Councilman Shawls 1. 2;. Tracts A and By R.L.S. 1126 - Builtwell Construction, Inc. - R-1 Residential Outlot 2, Southdale Office Park - Joseph E,Erickson- C-3 Commercial District to PRD-5 Planned Residential District District to PRD-3 Planned Residential District - R-3 Multiple District to PRD-3 Planned Residential District 3. Parcels 430 and 420, Sec. 32, T. 28, R. 24 - George J. Ablah - R-1 Resi- dential District to R-4 Multiple Residential District and C-3 and C-4 Commercial Districts Residential 2/7/72 LOV Edina Human Rights Commission requesting adoption of a resolution commending the efforts of the Citizens' Task Force on Housing and 'Kacknowledging the Council's concern for adequate housing for citizens who have low or moderate incomestt, Attention was also called to a Edina Citizens' Task Force Statement on Housing'dated January 3, 1972. Mr. Roger Heegaard of the Human Rights Com- mission, took issue with Councilman Courtney's suggestion that the matter be continued until all Council members were present. He stated that it is urgent that Council recognize that lack of low and medium cost housing is a problem 5n:the Village and urged that a Gitizens' Committee be appointed to study the report of the Citizens' Task Force on Housing no later than the end of March. Mayor Fro Tem Johnson said that appol'ntment of the requested committee would give tacit acknowledgment that there might be a serious need in the Village and that he did not believe that there is such a need. He said that he would oppose low and moderate multiple dwellings as being inappropriate in the Vil- lage. said that the Council should lead., rather than represent, the community. Mrs. Maland Hurr, 4603 Browndale Ave., said that moderate income housing should be spread throughout the Village, rather than being located in one large highrise apartment. Mr. Hyde pointed out that.the.Citizens' Task Force on Housing is dealing in generalities with communities'all over the United States and that the lack of low income housing is not borne- out by 1970 census figures. He added that the proposed Yorktown Addition calls for some moderate priced apartments, ai.la'that the Cengms indicates that there are 800 houses in the Village with values under $20,000. Village Attorney Erickson said that he believes that the moratorium on reqoning and building until the study was com- pleted, which was requested by the Task Force, would be unconstitutional. Following considerable discussion, Councilman Courtney moved that Council com- mend the Citizens' Task Force on Housing on its report and that the matter be continued until full Council would be present to take action. Motion fqas seconded by Councilman Shaw and carried with Mayor Pro Tem JTahson voting %a$eaf. IIEDIUM COST HOUSING DISCUSSED. Attention was called to a memo from the . The Reverend Amid Dickson of the Citizens' Task Force on Housing WASHINGTON PLAZAGRANTED FINAL PLAT APPROVAL. Plaza 'for final plat approval as recommended by the Planning Commission. noted that ghi-s gs commercial property which is located partly in Eden Prairie. Councilman Courtney then offered the following resolution and moved its adoption : Mr. Luce presented Washington He I 'RESOLUTION APPROVING FINAL PLAT OF TJASHINGTON PLAZA BE IT ReSOLVED by the Village Council of the'village of Edina, Minnesota, &hat that certain plat entitled Y?ashington Plaza'', platted by Thomas A. Garrison and Melamie G. Garrison, husband and wife, and by Roger L. Garrison, single, and by'Earl P. Vanha and Terry A. 'Nanha, husband and wife, owners and proprietors, and presented at the meeting of the Village Council of February 7, 1972, be and is hereby granted final approval. Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays'and the seSoXut5an was adopted. - Mrs. Charles F. Donnelly, 5205 Lochloy Drive, was advised that the plat would have access to Washington Avenue. NORTHERN STATES POWER ELECTRIC RATES STUDY PROGRESS NOTED. Mr. Hyde noted for Council's information, a letter citing progress of the Northern States Power Electric Rate Study Commission. No action was taken, CROSSTcaJN HIGHb7AY FRONTAGE ROAD BETWEEN GLEASON AVE. AND VERNON AVENUE DISCUSSED. Mr. Hyde recalled that the matter of the location of-the Crosstown Highway Frontage Road between Gleason and Vernon Avenues had been continued from ary 17, 1972. Mr. Dunn pointed out the exact location of the proposed road to Dr. P. J. Scanlon, 6144 Arctic Nay, who asked Council to bear in mind that this road is a part of the Western Edina Plan. Mr. Dunn said that he thought that the possibility of upsetting this administrative opinion by appealing to the County Board would be unlikely and that the matter should be dropped. No action was taken. T.H. '100 BY-PASS - VERNON AVENUE TRAFFIC SIGNALS TO BE INSTALLED. advised Council that the Minnesota Highway Department has agreed to take immediate steps to install traffic signals at the intersection of the South- bound T.H. 100 by-pass with Vernon Avenue as requested by Council resolution adopted on December 20, 1971. Barring unforeseen circumstances, the starting date will be January 31, 1972. Janu- Mr. Hyde 2/7/72 T .H. 100 2 IVEST..SOTH'STREET TRAFFIC SIGNAL COST PARTICIPATION DISCUSSED-; NO REPLY RECEIVED FROM STATE HIGHWAY DEPARTMENT. Mr. Hyde advised Council that no reply had been received from the State of Minnesota Highway Department relative to cost of the traffic signals proposed to be installed at the inter- section of T.H. 100 at 8. 50th Street. No action was taken. BOARD OF REVIEW DATE SET. As recommended by Mr. Kent Swanson, May 2, 1972, was set for Board of Review, pending acceptance of this date by the Hennepin County Assessor, b$t:otioa:af Counci;lman*Shaw:,-s'ecbrided 6y-Copnrilman CoWk-eney 2nd carried. The meeting is proposed to be held at 5:OO p.m. VOTING PRECINCT CHANGES CONTINUED INDEFINITELY. istration presented a proposal, to divide Voting Rrecincts Nos. 8 and 9 into three precincts as requested by Mr. Richard F. Teegen of the Republican Party. Mrs. Jane Stenson, Edina Republican Chairwoman, urged that the division be made at this time, rather than next year, because it would eliminate con€usion with precinct officers elected at the 1972 Caucus. cussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried to continiie the matter indefinitely for the following reasons: The Commissioner of Voter Reg- Following considerable dis- 1. 2. Confusion which would ensue with the addition of a third polling place in the school complex at a presidential election. There is still a chance that the new legislative districts will be revised and precinct boundaries would have to be changed again-at that time. MINNESOTA POLLUTION CONTROL AGENCY GUIDELINES NOTED. attention to a letter from the Executive Director of the Minnesota Pollution Mr. Hyde called Council's Control Agency, noting that the Agency had concurred with the request of the Metropolitan Sewer Board relating to disapproval of permit applications for sanitary sewer extensions in communities which do not have an approved cchpre- hensive s&er plan. permit applications in the Twin Cities Metropolitan Area until the municipality has an approved comprehensive plan or has reached a satisfactory agreement with the Metropolitan Sewer Board to provide one, and the Polution Control Agency is informed in writing of such comprehensive plan approval or an agree- ment. No action was taken. RIDGE ROAD WATER AND SANITARY SEWER HEARING DATE SET. that some of the houses on Ridge Road that were not having trouble with their cesspools at the time grikthe last hearing are now having problems. also to a letter frorn the Minnesota Pollution Con'trol Agency indicating that individual sewage disposal systems in the Tzietntopolitan area are'viewed as ~ interim systems, are unsatisfactory and not in keeping with the Metropolitan Development Guide. Councilman Shaw then offered the following resolution and mo%ed its adoption, with the understanding that,copies of the letter from the Minnesota Pollution Control Agency be s,&nt out with the Notice of Rearing: RESOLUTION PROVIDING FOR PUBLIC HEARING ON The Agency wkll- not approve any sewer extension plans or Mr. Hyde advised Council He referred * SANITARY SEWER IMPROVEMENT NO. P-SS-303 ,' WATERMAIN TMPROVEMENT NO. P-WM-275 AND CONCRETG ALLEY PAVING Ih'ROVEMENT P-E-27 1. as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such im- provements, said report is hereby approved and directed to be placed on file in the dffice of the' Village Clerk. 2. 'This Council shall meet on-Monday, March 6, 1972, at 7:OO p.m. in the Edina Village Hall, to crsnsider in public hearing the views of all persons int'eres'ted in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Village Engineer, having submitted to the Council a preliminary report; e. The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) HENNEPIN COUNTY, MINNESOTA CONCRETE ALWY^PAVIcNG. .IMJ?ROVEPlENT NO. P-E-27 f?ATERMAIN IMPROVEMENT NO. P-fJM-27'5 . VILLAGE OF EDINA NOTICE OF PUBLIC HEARINGS SANITARY' SEf?ER IMPROVEMENT NO. P-SS-303 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, March 6, - 1972, at 7 :00 p.m., to consider the following proposed improvements t.o be structed under the authority granted by Minnesota Siatutes, Chapter 429.. approximate cost of said improvements are estimated by the Village as set forth below: con- The I pzz. -. .- I 2/7/72 ESTIMATED COST 1. CONSTRUCTION OF CONORETE PAVING IN THE FOLLOWING ALLEY: IME'ROVENENT NO. P-E-27 $ 13,789.33 North-South Alley between Zenith Avenue and Abbott - Avenue and between West 58th Street and Nest 59th StGeet IN THE FOLLCVING: IMPROVENENT NO. P-SS-303 $117,038.41 Easement line over proposed-road in Lot 11, Auditor's 1 2. CONSTRUCTION OF VILLATE SANITARY SEVER AND APPURTENANCES Subdivision No. 325 (Harold Woods Lane) from Schaefer Road to the East line of Lot 1, A. W. Hendrickson's 1st Additcon, South along the East line of A. W. Hendrickson's 1st Addition to tge Southeast comer thereof; West along .the South line of A. I?. Hendrickson's 1st Aadition to Ridge Road of Lot 6, Auditor's Subdivision No. 325 Ridge Road from Interlachen Road South to the North line Easement line North along Easf line of A. la?. Hend- .rickson's 1st Addition from proposed main on Harold Noods Lane to Northeast corner of said addition; thence Fiest along North line of said addition 140 feet - Easement line from Interlachen Road and Ridge Road North, South in a Southeasterly, Southerly and Southwesterly direction' to the North line of Lot 3, Margaret Cosgrove ' s Addition 3. CONSTRUCTION OF VILLAGE WATER WIN _AND APPURTENANCES IN -THE FOLLOIJING: IMPROVEMENT NO. P-TZM- 27 5 Ridge Road from Interlachen Road to cul-de-sac 1400 feet South $ 37,053.72 The area proposed to be assessed for the cost of the proposed Concrete Paving (Improvement No. P-E-27) under 1 aboGe includes Lots 1 thru 24 inclusive, Block 3, Harriet Manor 2nd Addition. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-303) under 2 above includes Lots 1, 2 and 3, Block 1, Nargaret-Cosgrove's Addition, Lots 1 and 2, Block 1, A. W. Hendrickson's 1st Addition, Lots 1, 2, 3, 4, 5, 7, 9 and 11, Auditor's Subdivision No. 325. The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-TJM-275) under 3 above includes Lots 1, 2 and 3, Block 1, Margaret Cosgrove's Addition, Lots 1 and 2, Block 1, A. W. Hendrickson's 1st Addition, Lots 1, 2, 3, 4, 5, 7 and 9, Abditor's Subdivision No. 325. v Florence B. Hallberg Village Clerk ' Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. SVIMhiING POOL CONDITIONS DISCUSSED. Mayor Pro Tem Johnson expresged concern about the condition of some swiming.pools in the Village and was told by Nr. Esse, Village Sanitarian, that all apartment pools are checked once a month, or more, If circumstances warrant. ~ It was noted that the Village has no con- trol over private pools. "WAVER BILL'' DISCUSSED. Nr. Hyde advised Council th5t" he has nothing yet on the possible effect of the Weaver Bill" on the Village but that he will keep Council apprised of developments. 4 TRAFFIC SAFETY COMMITTEE MINUTES OF FEBRUARY 1, 1972, APPROVED. Councilman . Shaw's motion approving the Traffic Safety Cormnittee Minutes of February 1, 1972, as corrected to reflect that Mr. Austin is the Village Prosecuting Attorney, was seconded by Councilman Courtney and carried. Councilman Shaw then offered the following resolution and moved its adoption: RE SOLUTION I?HEREAS, numerous requests have been received by the Village of Edina for additional signalization of the intersection of T.H. 100 and West 77th Street; and 17HEREAS, signalization of this intersection has been deferred pending the let- ting of bids which was set originally for September 24, 1971, and subsequently on November 19, 1971; and WHEREAS, the Edina Village Council on September 19, 1971, adopted a resolu- tion requesting additional signalization of the intersection; and 2/ 7: 1/72 H ORDINANCE NO. 901-A2 ADOPTED ON SECOND READING. Councilman Shaw. offered Ordinance No. 901-A2 for Second Reading and moved its adoption as follows: ORDINANCE NO. 901-A2 AN ORDINANCE AMENDING ORDINANCE NO. 901 TO RAISE THE FEE FOR OFF-SALE LICENSES FOR THE' COST OF NON-INTOXICATING MALT LIQUOR THE VILLAGE COUNCIL OF THE,VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. License Fee. Sec. 15 of Ordinance No. 901 is hereby amended to read as follows.: %ec. 15. License Fee. The license fee for an on-sale license shall be $100 per annum; the fee for an off-sale license shall be $25'per annum. How- ever, if eight months of the licensing year have elapsed when the application is made, the fee shall be reduced to one-half of the annual amount.'s Sec. 2. age and publication. This ordinance shall be in full force and effect upon its pass- IWEREAS, there has again been a delay in the construction of the proposed interchange at the intersection of TiH. 100 and West 77th Street; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the Minnesota Highway Department be urged to install immediately left turn arrow signalization for both Northbound and Southbound Highway 100 traffic at Nest 77th Street. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. Councilman Shawalso requested that; the Village Manager see that Traffic ' Safety Committee members meet with Judge Durda as soon as possible to find out exactly what complaints are being received regarding "No Parking" signs in the 50th and France area. VILWE.HALL REMODELING ARCHITECT TO BE HIRED. Councilman Courtney's motion was seconded.by Councilman Shaw and carried, granting authority to the Village Manager to hire an architect to work on the Village Hall remodeling, using the Fire*Department space. ADDITIONAL DETECTIVE TOaBE HIRED. Councilman Courtney and carried authorizing the Village Manager to retain an additional detective, bringing the iiumber of detectives to six. have no affect on this year's budget. Councilman Shawls motipn was seconded by This would CABLE T.V. CONFERENCE TO BE HELD. Cable T.V. Conference which will be held on March 1l.at the Pick-Nicollet Hotel. Mr. Hyde called Council's attention to a ORDINANCE NO. 1352-A1 ADOPTED. Mr, Hyde presented Ordinance No. 1352-A1 which provides for a change in the hours of operation permitted in health spas, etc. Councilman Courtney then offered the following ordinance for First Reading with' waiver of Second Reading and mdved its adoption: * AN ORDINANCE AMEUDING ORDINANCE NO. 1352 TO LIMIT THE HOURS OF . OPERATION OF PHYSICAL CULTURE AND HEALTH SERVICES AND CLUBS AND SALONS, SAUNA-PARLORS AND MASSAGE PARLORS, AND REGULATING MASSEURS AM, MASSEUSES. AND IMPOSING A PENALTY THE: VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: ' Section 1. Hours of Operation. Section 8 of Ordinance No. 1352 is hereby amended to read as follows: business, nor shall any patrons or customers be permitted on the premises, between the hours of 1 a.m. and 7 a.m. each day.c' age and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw 'and on rollcall there were three ayes and no nayssnd the ordinan-was adopted. %ec. 8. Hours of Operation. No licensed operation shall be open for Sec. 2.. This ordinance shall be in full force and effect upon its pass- Pm ATTEST : Mayor Pr $b444& Village Clerk c 2/7/72 PROPERTY EAST OF BRAEMAR PARK ACQUISITION AUTHORIZED. Rosland, Councilman Courtney offered the following resolution and moved its adoption authorizing acquisition of the 525 acres directly East of Braemar Park and South of Hyde Park Subdivision, having been advised that the Park- Board has also recommended purchase of this land at $40,000: BE IT -WSOLVED that the Edina Village Council authorize acquisition of the 57est 180 feet of the Southwest Quarter of the Southwest Quarter of Section 8, Township 116, Range 21 (Parcel 910) for park purposes; and BE IT FURTHER RESOLVED that the cost of the land will not-exceed $40,000. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. EAPLE ROAD RESIDENTS TO BE APPRISED OF STATUS OF OLD LIBRARY SITE. D. Bynell, 4915 Naple Road, requested that a letter be sent to Maple Road resi- dents, advising them of their status now that the old Library site case has been settled. Mr. Bynell asked that tge record show that he believes that residents shauld know what attitude the bank wi'll take with regard to the property. suggested that it should be determined whether a fence will be installed before thespurchase agreement is signed. Mr. Erickson advised Mr. Bynell that, under the proposed agreement,,the bank does not have the right to make a public park of the buffer strip. He added that the Village is selling the property to the ban$ subject to an easement which will be subject again to release pnly upon joint action of 3/4 of the owners along Naple Road. Councilman Courtney's motion directing the Village Attorney to write Maple Road residents advising them of the status of the proposed sale was seconded by Councilman Shaw and carried. FEEl&LE POLICE DEPARTMENT PERSONNEL SUGbESTED. Mrs . Naland Hurr , 4603 Brown- dale Avenue, suggested that a woman be hired by the Police Department, other than for secretarial work. Mr. Hyde advised Mrs. Hurr that this has been con- sidered. As recommended by Mr. RE SOLUTION Mr. Wallin He also Following some discussion, YORK AVENUE COUNTY ROAD DESIGNATION REQUESTED. Avenue is presently a County Road from W. 44th Street to Highway 494, but that it has never been cut through South of West'66th Street. by Mr. 'Hyde, Councilman Shaw offered the following resolution and moved its adoption: Mr. Hyde recalled that Xerxes As recommended RESOLUTION WHEREAS, Xerxes Avenue South is presently designated as County State Aid Highway 31 from West Forty-Fourtb Street in the City of Minneapolis to Inter- state Highway 494 near the South boundary lines of the City of Richfield and the Village of Edina; and WHEREAS, improvement of County State Aid Highway 31 through the City of Rich- field and the Village of Edina from Vest Sixty-Sixth Street South to its terminus at Interstate 494 could only be accomplished at great expense for additional right-of-way and extreme.disruption of existing single family resZdentia1 areas and a disastrous effect public parkland in the vicinity of Weit Seventy-Third Street; and WHEREAS, the existing York Avenue South right-of-way from Best Sixty-Sixth Street .to West Seventieth Street and-the-. dedicated York Avenue South right-of- way in-the proposed Yorktown Addition, Village of Edina, from West Seventieth Street to West Seventy-Fourth Street is su'fficient to accommodate necessary improvements without acquisition of 'Gdditional property or disruption of single family neighborhoods, ecological amenities and public parkland; and T.MEREAS, construction of the Hennepin County Regional Library and other pro- posed development in the area will, in accordance with preliminary information available fmm the Daniel, Mann, Johnson & Mendenhall 494/100 Corridor Study, require improvement of County State Aid Highway 31; NOI?, THEREFORE, IT IS HEREBY RESOLVED that the Village Council of the Village of Edina respectfully request the County of.Hennepin to abandon County State Aid Highway 31 between Best Sixty-Fifth Street and Interstate 494 and design- ate York Avenue South from Nest Sixty-Fifth Street to Interstate 494 as County State Aid Highway 31. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. on existing ecological amenities and I CL4IBlS PAID. and carried for-payment of the following claims as per Pre-List: $28,002.26; Construction Fund, $8,069.79; Park, Park Construction, Arena, Swimming, Golf, Park, Sinking, $83,077.14; Water Fund, $7,321.96; Liquor Fund, Motion of Councilman Courtney was seconded by Councilman Shaw General Fund, 2/7/72 2, && ' \ r $40,621.38; Sewer Fund, $32,808.39; Improvements, $721.42; Total, $341,548.83; and for confirmation $140,926.49; Poor and PIR, of payment of the following claims as per Pre-List dated January 28, 1972: Park, Golf, Swimming, Arena, etc., $4,762.92; Water Fund, $2,013.85; Ciquor Fund, $88,996.27; Total, $117,177.24. General-Fund, $21,404.20; - The agenda's business having been covered, Councilman Shawls motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 9:37 p.m. A. . /i 7L&- 7- Village Clerk