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HomeMy WebLinkAbout19720320_regularNINUTES OF THIS WGULARMEETING OF THE EDINA VIUE COUNCIL HELD AT VILLAGE HALL ON MONDAY, MARCH 20, 1972 Nembers answering rollcall were Councilmen Courtney, Johnson, Shaw , Van Vallcen- burg and Mayor Bredesen. PIINUTES of February 28, 1972, were approved as submitted by motion of Council- man Courtney, seconded by Councilman Shaw'and carried. BANTAM, PEE WEE AND MIDGET HOCKEY TEAHS CONGRATULATED. offered the following resolution and moved its.adoption: IJHEREAS, during the 1971-1972 season, the Edina Bantam Hockey Team under the direction of Bud Sorem, Gene Nieland and Don Norwich, and the Edina Pee Wee Hockey Team under the direction of John Sweetland and Howard Tucker, and the Edina Midget Hockey Team under the direction of Bart Larson and Bob O'Connor, have continued to exempliEy the highest goals of good sportsmanship and out- standing proficiency; and WHEREAS, the above three named teams have been deservedly rewarded by finish- ing first in the Minnesota State Amateur Hockey Association Tournament; and WHEREAS, during the past hoclcey season, these young boys have represented Edina in the highest manner; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Council that the out- standing accomplishments of these three teams be noted at this time; and BE IT FURTHER RESOLVED that the Mayor and the Village Council wish the best of luck to the Edina Bantam Hockey Team, the Edina Pee Wee Hockey Team and the Edina Midget Hockey Team as they participate in the National American Hockey Association Tournaments. Motion for adoption of the resolution was seconded by Councilman Johnson and the -resoheion .was .adopted. Councilman Courtney RESOLUTION ORDINANCE NO. 811-A24 ADOPTED ON SECOND READING. Mr. Luce recalled that the zoning of the Yorktown property had been continued from March 6, 1972, so that traffic problems could be studied. Vith the aid of the view-graph, Mr. Luce reviewed the proposed ring route road patterns which would extend from Highway 35-IJ across T. H. 100 to Bush Lake Road. ing, he clarified that no interchange is recommended at Interstate 494 at York and/or Xerxes Avenues, but that there would be an interface or access to Interstate 494. a drawing of York Avenue from W. 70th Street to the Xerxes Avenue bridge, noting that there is enabling legislation under which the Village can use its condemnation power to obtain street right-of-way and assess the cost against the project. involved have indicated their willingness to consider dedication of their property for street purposes. tacted. that the technical task force of the corridor study was given copies of the D,M.J.N. Report, which report; will be released on April 4, 1972. Mr. Rubin said that the report indicated the following three different aspects to the 494 - T.H, 100 corridor which must be solved together, and that no one of the three will work by itself: I To clear up a misunderstand- A Traffic Engineer employed by Mr. George Ablah, showed He indicated that three out of the four property owners The fourth property owner has not been con- Mr. David Rubin, Project Manager for the Metropolitan Council, advised 1. circulate between Southtown, Southdale and the office complex located at Interstate Highway 494 and T.H. 100 and tie into an express transit system on the freeway; 2. Land use in the gravel pit area to the South of Yorktown would have to be restrained, but the Yorktown proposal is within these restraints; 3. Completion of York Avenue to the Xerxes Avenue bridge and the elimina- tion of Xerxes Avenue as a thru road. Extensive, but inexpensive transit system of mini buses which would I Nr. Rubin added that the Metropolitan Council will make its recommendations at a later date, but discussed the possibility that frontage roads along Interstate 494 be made one-way streets and that York and France Avenues be treated as a one way pair. Mr. Lawrence Jolliffe, attorney representing home- owners' associations which are opposed to the project, introduced Mr. Gordon Nevers, representing 400 South Garden Estates and Lake Edina homeowners, Mr. John Mortison, representing 230 Southdale homeowners and Mr. Harold Wilson, representing 100 home owners in the Del-Edge area. Petitions were presented which requested that rezoning of the property be delayed until a definite plan has been formulated to solve the traffic problems, until a policy has been determined as to future overall densities in the Village after residents have 3/20/72 had a chance to express their views in a full public hearing and until a P.U.D. or some other plan is formulated which will assure the Village of con- trol in the development of this project. development of the area to the South of Yorktown and the possibility of dead ending Hazelton Road and Lynmar Lane so that traffic will not cut through that area. Mr. Jolliffeurged the delay of the project until citizens have an opportunity to study the D.M.J.M. Report, and added that cost estimates of the street improvements should be of record in this hearing. In reply to Mr. Jolliffe's request that residents will be assured that Yorktown will actually be constructed as proposGd, Mr. Erickson advised that he has restrictions and covenants which have been signed and delivered, along with the deeds to the park strips and easement areas needed to protect the park strips, as well as to protect the incringement of access to the arterial streets. He added that he believes that these documents are adequate to obtain the type of development for which the Village is looking. Mr. Stephen Winnick, 7004 Bristolf Blvd., objected to the proposed development because of his concern over the danger to children walking to the new library. He said that the traffic solution presented tonight is, at best, a stop gap solution and that the substantial improvements planned in Bloomington at Interstate 494 .and France Avenue will make that intersection even worse. Blr. William Reiling, Executive Vice President of Eberhardt Company, said in his experience in real estate finance, he has never seen such stringent restrictions as have been placed on this property. He added that taxes for the area should amount to approximately $1,000,000 per year, with very little need for Village ser- vices. does have an economic interest in Yorktown. because only 8% of the total land will be dedicated to park lands, with Mrs. Maland Hurr, 4603 Browndale Avenue, saying that she always understood that a minimum of 12% must be dedicated as park lands with a new plat. Johnson requested that it be read into the record just what portion of the plat has been set aside for various uses. The following figures were given: - Use Percent Acres Parks 8 10.8 Setbacks & Scenic Easements 17 21.8 Open Space 25 31.3 Concern was expressed about the I He replied to Councilman Johnson's question that the Eberhardt Company Concern was also expressed Councilman Building Area 13 16.1 Streets 9 11 Parking Lots 28 35 It was noted that the above figures indicated that 50% of the land is proposed to be developed with grass and trees, 16% of the land is proposed to be' covered with buildings and 28% is.proposed to be in parking lots and access roads. Mr. Ablah said that the 8% figure given above is incorrect, inasmuch as approximately 10% of the land is dedicated in-park lands. In reply to Mr. Hyde's question, Councilman-Shaw said that Village ordinances require that not less than 5% of land be dedicated as parklands for residential azeab,but that there are no such requirements for commercial or industrial areas. 5% of the residential land would be only 232 acres. Mr. William Lewis, 7008 West Shore Drive, objected that the R-5 density was establishing a precedent and requested that the density be reduced. Mr. Donald Ericksan, President of Glacier Sand & Gravel, reviewed the increase in*his taxes over the years and advised that when he signed the purchase agreement with Mr. Ablah on December 8, 1971,-the sales price was nearly the same as the Edina Assessor's . valuation for real estate tax purposes. Mr. M. G. Skyberg, 4221 Dunberry Lane, urged that the project be approved and suggested construction of tunnels under busy streets. Harold IJilson, President of Del-Edge Homeowners' Association, Mr. and Mrs. Howard Kopser, 4217 W. 70th Street, Mr. and Mrs. Roger RowCn, 7209 Oalclawn Ave., Mr. Gerald S. Mayo, 4707 W. 70th Street. Letters favoring the project were noted from Mr. David E. Gresham, 6328 Tingdale Avenue, and Mr. Robert Crabb, Senior Vice President of Dayton Hudson Corporation. Following considerable discussion, Councilman Johnson moved that the matter be continued until the D.M.J.M. Report is received and given further study, and also that either a moratorium be placed on taxes for the area or that taxes for the area be reduced to that for R-1 zoning. The motion died for lack of a second. Council- man Shaw then reviewed the minutes as related to the Southeast Edina Plan and noted that the plan had indicated that a second major multi-lane street was necessary. reference to various zoning districts in the plat. In reply to a question of Councilman Shaw, Mr. l~~illiam Crawford, Engineer for the State Highway Depart- ment, said that, without any major construction, the ring route could be accomplished in one year. Councilman Courtney said that he believes the pro- posed plan is preferable to a piece-meal development and that, while he is Letters in opposition to the zoning were noted from Mr. I. He pointed out the Edina School District boundaries with 4'4. { 3/20/72 concerned about high density, he knom that we are in a "high rise era". He added that he wants Edina to have something worthwhile in the area and that the restrictions set up will be such that Nr. Ablah will build something worthwhile. its adoption as follows, with the condition that Yorktown Investment Company, Inc., becomes the sole fee owner of the property and further with the condi- tion that an acceptable bond be delivered pqrsuanf. to Developer's Agreement and further that publication of the ordinance be withheld until such provisions are fulfilled.to the satisfaction of the Village Attorney: He then offered Ordinance No. 811424 for Second Reading and moved ORDINANCE NO. 811-A24 AN ORDINANCE AEiENDING THE ZONING ORDINANCE (NO. 811) COpilrlERCIAL DISTRICTS AND 0-1 OFFICE BUILDING DISTRICT BY ADDING TO THE EIULTIPLE RESIDENCE DISTRICTS C-3 AND C-4 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: is amended by adding the following thereto: tion of the following properties : Section 1. "The extent of the Multiple Residence DiGrict is enlarged by the addi- Lot 1, Block 5, Yorlctown, which is in subdistrict R-3; Lot 4, Block 6, Yorktown, which is in subdistrict R-4;, Lots '2 and-3, Block 3, Yorlctown, which is in subdistrict R-5;" Section 2. "The extent of the Commercial District is enlarged by the addieion of Lots 2, 3, 4 and 5, Block 1, Lot 1, BlacK 2, Lots 1, 2 and 3, BJoclc 6, Lots 1, 2 and 3, Block 7, all in Yorktown, which are in subdistrict C-3; Lot 1, Block 1, Yorktown, which is,in subdistrict C-4;" Sec. 3. "The extent of the Office Building District is enlarged by the addition Lot 1, Block 3, Yorlctown, which is in Office District 0-1.'' Sec. 4. This ordinance shall be in full force and effect upon its pass- age and publication. 3iotion for adoption of the ordinance was seconded by Coun&.lman VanValkenburg, who said that any comments he would make would be repetitious of remarks made by Councilmen Shaw and Courtney, .and on roll Councilman Courtney voting ''Nay'' and the in minutes of 4/17/72) ATTEST : Paragraph 1 of Section 4 of Ordinance No. 811 of the Village m Paragraph 3 of Section 9 of Ordinance No. 811 of the Village is amended by adding the following thereto: fi the following properties : a Paragraph 1 of Section 8 6f Ordinancp 811 df thg Village is amended by adding the following thereto: .. of the following properties : / Village Clerk ORDINANCE NO. 811425 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. given, public hearing was conducted and action taken as hereinafter set forth. Mr. Luce presented the petitiop of DC Foundation for use of R-2 Bfultiple Resi- dence District properties ih-the Village by educational nonprofit mgaaizapions. 35r.respozrSe to questions raised by Councilman Courtney, Village Attorney Ericlc- son pointed out that the ordinance provides that the house shall be owned by an educational non-profit organization.and must be carried on in conjunction with the Edina Public High Schools and that the Village would require a letter of pro6f of tax exempt status. BIr. Courtney objected that this use nould be permitted regardless of the feelings of the neighbors. that the School District had required that legal guardianship be established of any student attending Edina Public Schools. audience said that he had contacted the School District and that a family would be living with the students who will not be legal guardians, but who P70Uld be responsible for all of the conduct of the students. He added that he does not yet have approval of the School District. gentleman check with Nr. Bard Lewis , the attorney for the School District, to ascertain whether legal guardianship was a requirement. An unidentified lady in the audience said that she had been involved with a situation seven years ago and had to take guardianship of a child before that child could attend Edina schools. Noting that the-matter of legal guardianship is frhe concern of the School Board, rather than of the Council, Councilman VanValkenburg offered ordinance No. 811425 for First Reading as follows: Affidavits of Notice were presented Pursuant to due notice Councilman Shaw recalled An unidentified gentleman in the I Nr. Shaw suggested that the. ORDINANCE NO. 811-A25 AN ORDINANCE &ENDIh% THE: ZONING ORDINANCE (NO. 811) BY ADDING RESIDENCES FOR CHARITABLE OR EDUCATIONAL PURPOSES AS A PERMITTED USE IN THE R-2 DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Q co Section 1. Subparagraph (a) of paragraph 2 of Sec. 4 (Plultiple Residence District) of Ordinance No. 811 is hereby amended by adding thereto an additional permitted, principal use in District R-2 as follows: "(2) residences containing two dwelling units but owned by educational nonprofit organizations and used by such organizations for residen- tial purposes in connection with their educational purposes, carried on in conjunction with the Edina Public High Schools, and which organizations, as of the date such ownership and use commences, shall have been determined by the District Director of Internal Revenue to be tax exempt under Section 501 (c) (3) or the Internal Revenue Code of 1954, as amended.cv Sec. 2.. This ordinance shall be in full force and effect immediately Residences compatible in size and outward appearance with upon its passage and publication. Motion for First Reading of the ordinance ~7as seconded by Councilman Shaw and on rollcall there were four ayes with Councilman Courtney voting "Nay" and First Reading of Ordinance No. 811-A25 was granted. KmEY ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Luce presented Kenney Addition for preliminary approval, noting that this matter has been continued from the meetings of February 7 and March 6, 1972, so-that neighbors could attempt to pursuade the developer to plat only six lots. Hanson, 5109 W. 66th Street, concurred with Mr. Luce that the developer was unwilling to reduce the number of lots in the plat. She expressed her dis- appointment that the Village would settle for "minimal standards$'. Mayor Bredesen pointed out that the 108s as platted are 50% larger than the minimum lot size required by the Village. Stating that the Village is bound by law to accept the plat, Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PUT OF Mrs. Charles F. mNNEY ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled &Kenney Additionc', platied by Mary Helen Cox and Harold I. Kenney, Jr., and presented at the meetings of the Village Council on February 6, March 6 and March 20, 1972, be and hereby is granted preliminary approval and the following improvements shall be installed therein: Sanitary sewer, watermain, storm sewer, grading and graveling. 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. LAKE EDINA THIRD ADDITION, VILLAGE REPLAT, GICANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Lake Edina Third Addition, Village Replat, for preliminary plat approval, explaining that the platting of this property which is located East of T.H. 100 and South of Poppy Lane is the result of T.N. 100 construction. Mr. Robert Rischmiller, 4920 Poppy Lane, objected that the platting would be premature because of the re-design of T.H. 100. urged that high mounds of dirt be placed along the West dhore of Lake Edina which would serve as a sound barrier against highway noise and that the cost of the improvement be included in the cost of highway construction. Beedesen suggested that property owners in the area contact the State Highway Department or to other property owners about the possibility of purchase of the property. Mr. Dalen advised that the Village had paid$67,C)OO for the whole parcel. Following considerable discussion, Counoilman Johnson offered the fol- lowing resolution and moved its adoption, with tk understanding that final plat be held up until the highway matter is settled. He Mayor RESOLUTION APPROVING PRELIMINARY PLAT OF LAKE EDINA THIRD ADDITION, VILLAGE REPLAT BE IT RESOLVED by the Edina Village Council that that plat known as Lake Edina Third Addition, Village Replat, platted by the Village of Edina and presented at the Regular Meeting of the Edina Village Council of March 20, 1972, be and is hereby granted preliminary plat approval with the understanding that final plat approval be withheld ;ant<l*$he highway matter is settled. 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. PARIWOOD KNOLLS 17TH ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Parkwood Knolls 17th Addition for preliminary plat approval, noting that this property is located South of Parkwood Road and West of Londonderry Road, in the Southwest corner of the Parkwood Knolls area. Mr. Luce noted that the size of lots was in general conformity with Parkwood Knolls 15th and 16th Additions. Councilman VanValkenburg then offered the following 3/20/72 L resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT OF PARKVOOD KNOLLS 17TH ADDITION BE IT RESOLVED by the Edina Village Council that that certain plat known as ;'Parkwood Knolls 17th Addition", pla.tted by Carl Hansen and presented at the Edina Village Council meeting of March 20, 1972, be and is hereby granted preliminary plat approval and that the following improvements shall be in- stalled therein: Sanitary sewer, watermain, storm sewer, grading and gravel- ing. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. PART OF BLOCK 32, MENDELSSOHN ADDITION LOT DIVISION APPROVED. of Notice were presented by Clerk, approvedvas to form and ordered placed on file. Mr. Luce presented the petition of Mr. John Barzen, 6520 Interlachen Blvd., for division of the single family lot which is approximately 250 by 300 feet and noted that the property is served by sanitary sewer. Courtney then, offered the following resolution as recommended by the Planning Commission and moved its adoption: WHEREAS, the following described property is at present a single tract of land; The North 321.7 feet of the South 351.7 feet of Block 32, Mendelssohn; and TIHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcelstc) described as follows : Affidavits Councilman RE SOLUTION The West 147 feet of the North 321.7 feet of the South 351i.7 feet of Block 32, Mendelssohn; and That part of the North 321.7 feet of the South 351.7 feet of Block 32, Mendelssohn, lying East of the West 147 feet thereof; and FmREAS, 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 pur- poses of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinances Nos. 811 and 801; NOI?, 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 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 thase ordinances. Hotion for adoption of the resolution was seconded by Councilman Johnson and on rollc%ll there were five ayes and no nays and the resolution was adopted. TRACT F, REGISTERED LAND SURVEY NO. 629, LOT DIVISION APPROVED. (EDINA LIQUOR STORE PROPERTY. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Luce presented the division of Tract F, Registered Land Survey No. 629 (Edina Liquor Store Property) for division as recommended by the Planning Commission and the staff, whereupon Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION f.IHEREAS, the following described property is at present a single tract of land: All that part of Tract F, Registered Land Survey No. 629, Filessof Registrar of Titles, County of Hennepin lying South of a line drawn parallel with and 40 feet South of as measured at right angles to the South line of vacated TJest 68th Street as dedicated in the plat of "York Terrace" and its I.7esterly extension and lying Northerly of a line drawn parallel with and 140 feet South of as measured at right angles to said South line of vacated West 68th Street and its Westerly extension; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called ;'Parcels") described as follows : The TJesterJy 270 feet of the following described parcel: part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn parallel with and 40 feet South of, as measured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of "York Terrace" and its Westerly extension and lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly ex- tension; and All that . I 3120172 I All that part of Tract F, Registered Land Survey No. 629, Files of Registrar of Titles, County of Hennepin, State of Minnesota, lying South of a line drawn parallel with and 40 Zeet South of, .as meas- ured at right angles to, the South line of vacated West 68th Street as dedicated in the plat of lcYork Terracef* and its Westerly extension and lying Northerly of a line drawn parallel with and 140 feet South of, as measured at right angles to, said South line of vacated West 68th Street and its Westerly extension, except the Qest 270 feet; and IIHJIREAS, it has been determined that compliance with the Subdivision and Lon- ing 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 Ordinances Nos. 811 and 801; NOW, TmREFORE, it is hereby resolved by'the Village Council of the Village of Edina that the-cbnveyance 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 vaivedpo 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, t.0 the provision that no further subdivision be made of said Parcels unless mzde 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 Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. MR. PAUL LAEDERACH RESIGNATION FROM ENVIRONMENTAL QUALITY COWiISSION NOTED. Note was made of the resignation of Mr. Paul A. Laederach from the Environmental Quality Commission. No action was taken. YORKTOWN GRANTED FINAL PLAT APPROVAL. approval as recommended by the Planning Commission, noting that the matter was fully covered under the zoning hearing. Village Attorney Erickson then recom- mended that the plat not be signed until conditions set forth at the zoning hearing had been met, whereupon Councilman Courtney offered the following resolu- tion and moved its adoption with the condition that the plat not be released until Yorktown Investment Company, Inc., becomes the sole fee owner of the property and further with the condition that an acceptable bond be delivered pursuant to Developer's Agreement: Mr. Luce presented Yorktown for final plat RESOLUTION APPROVING FINAL PLAT OF Y ORICTOtJN BE IT RESOLVED by the Village Council of the Village of Edina, that that certain plat entitled '*Yorktown", platted by Glacier Sand and Gravel Company, a Minnesota CorporatioP1, by George J. Ablah and Virginia L. Ablah, husband and wife, and by Yorktown Investment Co., Inc., a Minnesota Corporation, and presented at the Regular,lIeeting of the Edina Village Council of March 20, 1972, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilman Van Valkenburg and on rollcall there were four ayes with Councilman Johnson voting "Nay" and the resolution was adopted. FUNDS ALLOCATED FOR MINNEHAHA CREEK GOVERNING COMMISSION PHASE I1 JOINT POWERS AGREEMENT. Mayor Bredesen recalled that on January 17, 1972, the Council had requested the Environmental Quality Commission to review and recommend a course of action on the proposal of the Minnehaha Creek Governing Committee for a joint powers agreement. adopted by the Environmental Quality Commission which recommended that the Village authorize expenditures not to exceed $2,500 for the retention of plan- ning staff to assist in the preparation of the initial grant applications for planning and development funds to carry out such improvement projects as may be proposed by the Minnehaha Creek Governing Committee. Following some dis- cussion, Councilman Johnson's motion approving expenditure of $1,250 was sec- onded by Councilman Van Valkenburg and carried, with the comment that the reason the $2,500 was not approved was because Edina has very little public land on the creek. directly interested. He called Council's attention to a resolution Councilman Shaw abstained from voting because he was too NORTHERN STATES POWER STREET LIGHTING SERVICE AGREEMENT CONTINUED. Mr . Hyde presented ah agreement for street lighting service with Northern States Power which will replace the present five year agreement which will expire on Aug- ust 31, 1972, which agreement had been continued from Elarch 6, 1972. Follow- ing some djscussion, Councilman Shaw's motion was seconded by Councilman Courtney and carried to continue the.matter as approval at this time might be ZeZrimental' to the rate study. I 3/20/72 BEER AND CLUB LIQUOR LICENSES APPROVED. Councilman Van Valkenburg's motion was seconded by Councilman Shaw and carried, approving the following licenses: Off-sale Beer - Al's Dairy Store Bill's Extra Kwik Food Narket Del Farm Food Store Dennison's Dairy Store Gus Young's Biltmore Lanes Gus Young's Southdale Bowl Jerry's Market Kenny ' s Market National Food Store P.D.Q. Food Store Red Owl Stores, Inc. On-sale Beer Black Swan Pub Braemar Golf Course Biltmore Notel Edina American Legion Post No. 471 Edina Country Club Interlachen Club Jolly Green Giant Normandale Golf Club Liquor Edina Country Club Valley View Dari Superette Interlachen Country Club Councilman Johnson abstained from voting. XERXES AVENUE - CROSSTOVN HIGHWAY SIGNAL INSTAUATION AGmEbENT 17ITH HENNEPIN COUNTY APPROVED, As recommended by Mr. Dunn, Councilman Van Valkenburg offered the following resolution and moved its adoption approvfng the agree- ment with Hennepin County for signal installation at the intersection of Xerxes Avenue and the Crosstown Highway: . .. , *. RESOLUTION BE IT RESOLVED, that the Village of Edina enter into an agreement with the - - County of Hennepin: To install full traffic actuated traffic control signals with mast arms and integral street lights at the intersections of County State Aid . Highway 31 (Xerxes Avenue.S&th) with the North and South interchange ramps of County State Aid Highway No. 62 as shown in the plans for Hennepin County Project No. 7161. Such installation shall be in accord- ance with the terms and conditions of Agreement No. PIJ60-11-71, with copies of such project plans and agreement being before the Council; and . BE IT FURTHER RESOLVED, that said plans and agreement be in all things approved, and that the Mayor and Nanager be and hereby are authorized to execute said agreement and thereby assume for and on behalf of the Village all of the cont- ractual obligations contained therein. Hotion 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. SIOUX TRAIL 4TH ADDITION SETTLEBENT AUTHORIZED. Mr. Erickson recalled that deeds which Nr. Joe Ruzic had agreed to give for Outlots A and B, Sioux Trail 4th Addition had never been received and that the Village had brought suit against Nr. Ruzic. Mr. Ruzic has denied that he ever made such an agreement and a search of Council and Planning Commission Minute; back to 1963 show no indication of such an agreement having been made. documentation of facts, Elr. Erickson recommended acceptance of a settlement of $17,500, which settlement has been acceptable to Nr. Ruzic, subject to accept- ance by the Council. Blr. Erickson noted that the Village Assessor had set a value of $40,470 on the property and that an independent appraiser had set a value of $30,250. Following some discussion, Councilman Johnson's motion that the settlement of $17,500 be accepted was seconded by Councilman Van Valken- burg and carried. Based on the absence of - BRAEMAR GOLF COURSE FEE SCHEDULE APPROVED. As recommended by Mr. Hyde, Council- man Van Valkenburg's motion was seconded by Councilman Johnson and carried approving the Park Board's revised rate schedule for Braemar Golf Course. The matter of purchase of eight golf cars and storage space for them was continued to April 3, 1972. T.H, 100 - N. 50TH STREET TRAFFIC SIGNAL AGFU?.EMENT CONTINUED. As recomrqended by Mr. Dunn, Councilman Shaw's motion continuing the T.H. 100 - 1.7. 50th Street Traffic Signal Agreement indefinately was seconded by Councilman Van Valken- burg and carried. SS-230 AND Ifif-190 DEFERREDASSESSMENTS LEVIED. Nr. Hyde advised that there t7as a connection charge for assessments for Lot 1, Block 1, Braemar Oaks for San- itary Sewer SS-230 and Watermain 190 and that the property owner has now re- quested that the assessments be levied against the property over a four year period. Councilman Shaw then offered the following resolution and moved its adoption : RE SOLUTION ADOPTING AND CONFIRMING SUPPLEMENTAL ASSESSMENTS FOR SANITARY SEWER NO. SS-230 AND IJATEREIAIN NO, 190 BE IT RESOLVED by the Village Council of the Village of Edina, Ninnesota, as a 3/20/72 i":" follows : 1. Said' supplemental assessments for Sanitary Sewer Improvement No. SS-230 and Watermain Improvement No. WM-190 as requested by property owner, which assessments are now on file in the office of the Village Clerk are hereby adopted and confirmed as the proper assessments on account of said improve- ment to be spread against the beneftited lots, tracts and parcels of land described therein, and the amount assessed against Lot 1, Block 1, Braemar Oaks, is hereby found not to exceed the local benefits conferred thereon by said improvements. 2. The assessments shall be payable in four equal annual instal.lments, the first installment payable in 1973, and all unpaid installments shall bear int- erest at the rate of 5% per annum. 3. Auditor 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. 4. The Clerk shall also mail notice of any special assessments which may be 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 Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were five ayes and no nays and the resolution was adopted. HOPIUNS SCHOOL DISTRICT NO. 274 'TO USE EDLNA VOTER REGISTRATION CARDS. recommended by Mr. Hyde, Councilman Van Valkenburg's motion authorizing use of the Village of Edina Voter Registration Cards Ey Hopkins School District No. 274 was seconded by Councilman Shaw and carried. The Village Clerk shall forthwith prepare and transmit to the County Q in said section. tD d w 0 a As FIRE DEPARTMENT CONGRATULATED ON SmLL AMOUNT OF PROPERTY DAMAGE. Councilman Shaw offered his congratulations to the Edina Fire Department for the small amount of property damage daused by fire during the year 1971. CLAIMS PAID. and carried for payment of the following claims as per Pre-List: General Fund, $72,129.13; Construction Fund, $6,898.65; Park, Golf Course, Arena, Gun Range, Park Construction, $45,377.85; Water Fund, $4,127.74; Liquor Fund, $92,761.58; Sewer Rental Fund, $33,064.88; Total, $254,359.83. No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. Motion of -Councilman Shaw was seconded by Councilman Courtney' Adjournment at 9:49 p.m. Village Clerk .