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HomeMy WebLinkAbout19720501_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, MAY 1, 1972 Members answering rollcall were Councilmen Courtney, Shaw, Van Valkenbufg and Mayor Bredesen. hearing. =. Councilman Johnson entered the meeting during the first public 53 SD 4 w bQ a POLICE WEEK PROCLAIMED. Courtney and carried that the following proclamation:be'a$opted: Motion of Councilman Shaw was seconded by Councilman A PROCLA-MATION 0.F "POLICE WEEK" MAY 14 - MAY 20, 1972 TO THE CITIZENS OF THE VILLAGE OF EDINA: IJHEREAS, patriotic Americans throughout our nation display our national flag as a banner of hope and freedom in commemoration of special days in the exist- ence of our country; and WHEREAS, in the interest of inspiring renewal allegiance to our flag, devotion . to our country and faith in the laws of our land, founded on the principles of truth, justice and protection of life and property; and WHEREAS, the strength of those who enforce the Justice System in the United States of America is only as strong as those who support them; and WHEREAS, we, as loyal Americans, realize that the preservation of our free, democratic system is dependent upon our constant efforts to instill in the hearts.and minds of all Americans, their patriotic responsibilities as citizens of the United States of America; NOW, THEREFORE, the Edina Village Council does hereby proclaim May 14 to May 20, 1972 "POLICE.FJEEKt1 in Edina and do urge the citizens of this community to join in the support of their Police Department and to observe May 15, 1972, as a Memorial Day to those officers'who gave their lives for the protection of our lives and property in this great nation. Police Patrolmen David Bush and Craig Swanson, President of the Edina Police Association, were present to receive expressions of appreciations from the Mayor and Village Manager. . SHELBY J. TENNIS RECOGNIZED UPON RETIREMENT AS VOLUNTEER2IREMAN. Upon being advised that Mr. Shelby J. Tennis has retired as a volunteef fire fighter, Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, 'Shelby J. Tennis has served the Village of Edina as a volunteer on the Edina Fire Department since April 16, 1952; and WHEREAS, Shelby J. Tennis, over these past twenty years, has performed out- standing service by his faithful response in attendance at fires and emergency situations; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Village of Edina that sincere thanks and greatful appreciation be extended in behalf of the citizenry as a whole to SHELBY J. TENNIS for the many years spent in faithful dedication to his community. Motion for adoption of the resolution was seconded by Councilman Shaw and carried. RESOLUTION OF APPRECIATION .*.. .- MINUTES of the meeting of april 17, 1972, were approved by motion of Council- man Van Valkenburg , seconded' by Councilman Courtney and carried. OUTLOT 2, SOUTHDALE OFFICE PARK PRD-5 ZONING REQUEST CONTINUED TO MAY 17, 1972. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. this property which is located on the Northwest corner of Prance Avenue at W. 66th Street from C-3 Commercial District to PRD-5 Planned Residential District, noting that on February 28, 1972, the zoning had been denied along with the suggestion by PIayalc BrtGleSen'khat Mr. Erickson come back with a new plan which would aaqukrq do. vari;iSn&e!:: - Mr a: lIow&xl' DAhlgren; , fepreSEnt&n& F%, -Joseph- Erickson, presented site plans which had-been revised from the originally proposed 171 unit,- tweIire floor building, to a 167 unit, eleven floor ?L" shaped building which would require a front yard parking variance and a setback variance on the North of 44 feet. Mr. Dalhgren explained that Mr. Erickson must have a minimum of 167 apartment units to proriide the amenities that residents of the building would requl're. with the D.M.J.M. recommendations inasmuch as an apartment building would generate less traffic than most C-3 Commercial District uses and that the revised plan would put the building further away from the contiguous property to the North. Mr. Clay Snider, 6612 West Shore Drive, representing the Vood- hill Association, expressed his disappointment in the new proposal, stating Mr. Luce reviewed the past history of the request to rezone He added that this proposal conforms 5/1/72 that the'plan is not essentially changed and that it covers a greater area than the previous plan. He objected to the variances which would still be necessary and recalled that the D.M.J.M. Report projects that France Avenue and 11. 66th Street will need to be widened to six lanes. He recommended some use which would generate 500 trips per day against the 1,000 trips per day which would be generated by the proposed apartment. approval of this zoning request would establigh a precedent for other com- mercially zoned properties along France Avenue. Mr. Arthur Nelson, 6628 Brit- tany Road, said that this zoning change would constitute spot zoning and could jeopardize the entire comprehensive plan for the area. the ability of the Fire Department to handle fires in such a building. Nelson suggested suitable uses for the property would be an extended care center, mortuary or home office for a corporation. In response to an allega- tion of an unidentified lady in the audience, it was emphasized that Mr. Joseph Erickson has absolutely no connection with Mr. Roy K. Erickson on the Planning Commission, or with Mr. Thomas S. Erickson, the Village Attorney. (Mr. Johnson entered the meeting at this time.) Mrs. William H. Fuhr, 6609 Brittany Road, said that this proposed building is too large for the site and asked to hear from Mr. Erickson, rather than from his representative. Mayor Bredesen said that it is not necessary for Mr. Erickson to speak unless he so chooses. perty was zoned C-3 Commercial District in 1954 would have generated con- siderably more traffic than the proposed apartment would generate. that the land will not remain unused and recalled his efforts to interest various corporations to purchase the property for use as a home office. Charles Donne-lly, 5205 Lochloy:iDrive, suggested that perhaps the Mayor's attempts had been unsuccessful because Dayton Development is asking too much for the property. The Mayor noted that the price is in line with the market value established by the Village Assessor. traffic problems which would be caused by egress to the building. suggested that right turns only could be required. access could be made to the South. which they feel are desirable for residential properties to insure open space around them and that these requirements have not been met in this pro- posal. meet ordinance requirements. Councilman Shawls comments. Building, located to the North of the property in question, is at present a one-story building and that as land in the area becomes more valuable, it is not unlikely that a request would be made to add to the height of the build- ing. In response to a question from Councilman Van Valkenburg, Mr. Luce said that the D.M.J.M. Report recommends that this site be put to a use which would not generate more than 500 trips per day, but that if public transporta- tion were improved and the streets widened, these facts would have to be taken into consideration. was then seconded by Councilman Courtney and'carried and on rollcall Council- men Courtney, Johnson and Shaw voted "aye" and Councilman Van Valkenburg and Mayor Bredesen voted %ay'I. were based on the variances that would be required. and Mayor Bredesen said that their negative votes were made because they are troubled about the alternative uses for the site. Councilmen Shaw and Courtney said that thm, also, shared the concern expressed by the Mayor and Councilman Van Valkenburg, but that they believed that the set-back require- ments of the ordinance are just and that the developer should conform to the ordinance. this project cannot be economically sound with less. than 159 units, Mr. Dahlgren then advised that Mr. Erickson had offered to . reduce the siae of the proposed building by cutting off one floor from the variances would still be required under the newest proposal and that the park- ing lot would still be in front of the building. that' he has+studied luxury apartments for some time and urged that he be per- mitted to construct a luxury apartment on this site. He said that the apart- ment would enhance the beauty of the pond.- Mayor Bredesen agreed with Mr. Nelson that-the Village cannot afford to rezone land based on its economic use but reiterated that the value of this lahd was determined by the Village Assessor and that C-3 zoning has a higher value than multiple residential district property. As suggested by Mayor Bredesen, Councilman Shaw then withdrew his motiad de'nsing the request for PRD-3 zoning and Councilman Courtney withdrew his second of Councilman Shawls motion for denial of the zon- ing so that the hearing could be reopened. a vote on the question of reopening the hearing and all voted Etaye's except Councilman Johnson. He charged further that He further questioned I Mr. He pointed out that some of the uses approved when the pro- He said Mrs. Discussion also ensued as to It was Mr. Dahlgren said that 'Planning Commission have established ordinances with set-back requirements Councilman Shaw said that the Council and I He suggested that the height of the building be reduced in order to Councilman Courtney said that he concurred with Mr. Hyde brought out that the Edina Realty Councilman Shaw's motion that the rezoning be denied Councilman Shaw and Courtney said that their votes Councilman Van Valkenburg Stating that - original plan. Mrs. William Scott, 6613 Southcrest Drive, objected that .. :. I Mr. Joseph Erickson explained - At this point the Mayor called for Councilman Johnson requested an opinion on parliamentary 51,1172 I procedure from the Village Attorney. Mr. Erickson clarified that Council is considering a preliminary or concept approval of a PRD zoning which plans'would have to bo back to the Planning Commission for final approval. He advised that he believes that it is appro- priate for the Council to review the newly proposed plan at this time. ' Nelson said that he believes that if there is to be a new proposal, it should be worked out in advance and presented in an organized manner. recalled that the Planning Commission and the Board of Appeals had approved the same plan which is now proposed to be reduced in height. vick of Edina Realty objected to the variance which would be necessary at the North end of the building. As suggested by Mr. Hyde, Councilman'Shaw's motion was then seconded by Councilman Courtney and carried continuing the matter to May 17, 1972, at 7:OO p.m. so that the staff, Council and interested persons would have an opportunity to study the new plan. Stating that he is not a Parliamentarian, Mr.. Mr. Dahlgren Mr. David Rol- ORDINANCE NO. 811-A26 ADOPTED ON SECOND READING. Mr. Luce presented the request of Builtwell Construction, Inc., for PRD-3 Residential District zoning which had been continued from April 17, 1972, for property located South of Vernon Avenue and West of Olinger Road. He advised: that the developer has now conformed with Council's instructions to reduce the number of units from 94 to 82 and to move the clusters as far as possible from the single family dwellings in the area: the architect and landscape architect representing Mr. Harold Posnick, the developer, showed site plans for the project. Mr. Robert Chance, 5804 Olinger Road, said that he was satisfied that this was the best plan,with the exception of single family development. H. Fuhr, 6609 Brittany Road, was told that the original request for 100 units had been reduced to 94 units and now to 82 units. Mr. P. L. Dudek, 6021 Vernon Avenue, objected that, because of the elevation of the site, he would be looking essentually, at a three-story building. Mr. Dudek was told that the developer could not be asked to do more than would be required for single family development, but it was suggested that Mr: Luce try to work out some- thing more satisfactory in the final plans. Subject to plat approval, Council- man Van Valkenburg offered the following ordinance for Secohd Reading and moved its adoption: Mrs. William ORDINANCE NO. 811-A26 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: of Edina is amended by adding the following thereto: by the addition of the following described property: Section 1. "The extent of Planned Residential District (PRD-3) is hereby enlarged Tracts A and B, Registered Land Survey No. 1126, files of Registrar of Titles, County of Hennepin, except that part of ~afd~T&&~'B;lying Southerly and Westerly of the following described line: Beginning at most Southerly comer of said Tract B; thence Northwesterly at an angle of 12O 00' as turned Northerly from the South line of said Tract B, a distance of 665 feet to-a point of curve to the right with a radius of 295 feet and a delta of 77O 30'; thence Northwesterly and Northerly along said curve a distance of 399.03 feet to a point reverse curve to the left, said curve to the left having a radius of 145 feet; thence Northerly along said curve to the South line of County Road No. 158 (Vernon Avenue) and there terminating. Also Except that part of !%id. Tract B.which lies Northwesterly of the follow- ing described line: Commencing at the point of termination of the aforedescribed line; thence Southerly along last described course of said Tract A distance of 20 feet to actual point of beginning of the line to be described; thence Northeasterly to a point on the South- easterly right-of-way line of County State Aid Highway No. 158 (Vernon Avenue) distant 30 feet Northeasterly of the point of commencement (as measured along the Southeasterly right-of-way line of said County State Aid Highway No. 158) and there terminating, which is in sub-district Sec, 2. This ordinance shall be in full force and effect up00 its pass- Paragraph 4 of Section 5 of Ordinance No. 811 of the Village PRD-3. (* I age and publication. rollcall there were five ayes and no Motion for adoption of the ordinance was by Councilman Johnson and on dM ap'd the ordina ce was adopted. Mayor ATTEST : d Village Clerk ?72Lhd&d &/- 5/1/72 GREEN HILLS ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Green Hills Addition for preliminary plat approval. ions being heard, Councilman Johnson offered the following resolution and moved its adoption: No object- RESOLUTION APPROVING PRELIMINARY PLAT OF GREEN HIUS ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled #%reen Hills Addition", platted by Builtwell Con- struction, Inc., and presented at the meeting of the Village Council on Nay 1, 1972, be and is hereby granted preliminary approval and that the following improvements shall be installed bherein: Grading and Graveling of Olinger Blvd., Sanitary Sewer, Watermain and Storm Sewer. 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. k MAR-BARRY ADDITION GRANTED PRELIMINARY PLATAPPROVAL. Affidavits of Notice were presented by Clerk, approved as fo form and ordered placed on file. Luce presented liar-Barry Addition for preliminary plat approval, noting that this seven lot subdivision is located-across the street from Countryside Park, East of Olinger Blvd. and North of N. 62nd Street. An unidentified gentle- man in the audience was told that the plat was zoned for single family develop- ment. Councilman Johnson then offered the fo1low.ing resolution approving pre- liminary' plat approval, subject to payment of 5% of the raw land value ($2,625) and moved its adoption: Mr. RESOLUTION APPROVING PRELININARY PLAT OF ? MAR-BARRY ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled %ar-Bary Addition", platted by R. R. Lund- gren, Inc., and presented at the meeting of the Edina Village Council on May 1, 1972, be and is hereby granted preliminary approval. Motion for adoption of the resolution was secoided by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. LOT 17, BLOCK 2, EI)INA HIGHLANDS LAKESIDE ADDITION DIVISION APPROVED. Affida- vits of Notice were presented by Clerk, 'approved as to form and ordered placed on file. Mr. Luce presented the petition for the division of Lot 17, Block 2, Edina Highlands Lakeside Addition, and in response to a question of Councilman Johnson indicated that the resultant lots conform in size and configuration with most of the other lots in the area. the following resolution and moved its adoption: RESOLUTION WHEREAS, the following described property is at present a single tract of land : Lot 17, Block 2, Edina Highlands Lakeside Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Miniiesota; and I Councilman Courtney then offered 'IJHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 17, except the South 75.00 feet thereof, block 2, Edina Highlands Lakeside Addition according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; and The South 75.00 feet of Lot 17, Block 2, Edina Highlands Lakeside Addition, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota; and WHEREAS, 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 as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, 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 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. I 5%1;/72 ' BIDS AFJARDED FOR VARIOUS PROJECTS. the projects indicated as follows: Bituminous Bicycle Paths BP-1: Northwest Bituminous Co., $25,142:10; Bituminous Roadways, Inc, $31,518.41; Bicon Construction Co., $32,490.30; Minnesota Valley Surfacing Co., $33,704.50; Engineer's Estimate $27,645.00; Portland Cement Concrete Alley Paving Improvement No. E-27: Arnold Beckman, low bidder at $9,364.50; Victor Carlson & Sons, Inc., $9,859.00; Dycon Corporation, $10,108.25; Progressive Contractors, Inc., $10,690.00; Minnesota State Curb-Gutter Corp., $10,982.50; Northdale Construction Co., Inc. $11,053.35; Engfnees'SA3StPmakeg $10,560.00; Concrete Replacement: Arnold Beckman, $19,261.50; Progressive Contractors, Inc., $21,185.00; Dycon Corporation, $25,100.00; Minnesota State Curb-Gutter Corp., $26,011.00; Engineer' s Estimate $20,657.50 ; Grading Football Field: No bids received; Tennis Court Construction and Chain- Link Fence: Carlson-LaVine, Inc,, low bidder at $16,995.00; Bituminous Roadways, Inc., $17,680.00; Bicon Construction Co., $23,000.00; Engineer's Estimate, $16,450.00; GreensMower: R. L. Gould & Co., $2,548.00; Minnesota Toro, Inc., $3,050.00; 8 Golf Cars: H. M. Cragg Co., $9,992.00, low bid; Larsen, Olson, $10,000.00; A. H. Bennett Co., $10,504.00; Councilman Johnson's motion was seconded by Councilman Courtney and carried awarding contract to low bidder in all cases (except bor the Golf Greens Mower in which case low bidder did not meet specifications) and authorizing negotiating for grading the football field. Mr. Hyde presented tabulation of bids for H.J.A. Construction Co. low bidder at $23,164.85; Victor Carlson & Sons, Inc., low bidder at $18,479.50; I' BRAEMAR HILLS SIXTH ADDITION GRANTED FINAL PLAT APPROVAL. Braemar Hills Sfkth Addition for final plat approval, noting that this three Mr. Luce presented lot plat conforms generally to other lots in the area. Planning Commission and Council had-previously indicated that fees in the amount of $1,550 be paid in lieu of dedication of parklands, but that the developer claims that previously dedicated parklands had taken care of this obligation. Mayor Bredesen a~~d&l~a~a Manager Hyde recalled that property had already been dedicated at the time Following some discussion, Councilman Johnson then offered the following resolution and moved its adoption with the understanding that parklands have pre7eiously been dedicated for this plat: Mr. Luce said that the raemar Addition was platted. KESOLUTION APPROVING FINAL PLAT OF BRAEMAR HILLS SIXTH ADDITION BE-IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled L6Braemar Hills Sixtk Addition", platted by R.H.P. Investment Company, a Minnesota corporation, and presented at the Regular Meet- ing of the Edina Village Council held May 1, 1972, be and is hereby granted final plat approval. 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. MORNINGSIDE AREA FIRE RESPONSE TIME DISCUSSED. Mr. Courtney advised that concern had been expressed over the response time of the Edina Fire Department to the Morningside area and that confusion had existed when the new station was approved that the entire Fire Department would be moved. to a memo of May 11, 1970, noting that a careful study had been made on response time from the proposed new location and felt that Council had under- stood that if the new station was built; the old station would be closed. Mr. Robert Martinson, 4214 Branson Street, advised that the Morningside Women's Club had started a preliminary investigation of the matter and claimed that Edina's Departments of a number of other municipalities. distances are significantly above the recommendations of the National Board of Underwriters. gested that the Morningsidesarea did not have adequate fire protection. Councilman Johnson suggested that the response time of other municipalities mentioned by Mr. Martinson should be analyzed so that Council can deal with documented statistics. any difference since it is the response time that should be considered. McNellis referred to a Mutual Aid Response Agreement with St. Louis Park whereby Morningside School, Morningside Church, Calvin Christian School, Christian Reform Church, the business areas at 44th and Morningside Road at France Avenue and at 50th Street and France Avenue and to any residential fires at which help is needed. arrive at a fire in a house which is across the street or up the block from these schools, churches or business districts. Mr. Hyde pointed out that Edina Mr. Hyde referred Fire Department did not respond to calls as quickly as the Fire He indicated that response Mr. Martinson showed charts and maps which he claimed sug- Mayor Bredesen said that distances should not make Chief the St. Louis Park Fire Deparfment will respond to fire calls at Mr. Courtney interjected that it takes just as long to 5/1/72 is still in Glass 6 which is the lowest classification for residential pro- perty and which classification is the-same. as other neighboring suburbs, added further that response time of the Edina Fire Department is not the only consideration, since the Police Department'responds to each fire call with fire fighting equipment. Mr. Hyde also pointed out that the fire loss for 1971 was only $74,000 for the entire Village'. call at the home of Mr, Martinson, Chief McNellis recalled that the Police were at the scene in two minutes and that the.fire was out inside of ten min- utes. ment was intended, but-that the facts should be reviewed. He added that the fire protection of -the community is the responsibility of the Council. Councilman Johnson commended Mr. Martinson'and the ladies who had made the survey. Mr, Hyde called attention to the November, 1967, Fire Underwriters' Inspection Bureau Report indicating that'the location of fire stations is one of tnany items considered in the rating of a municipality and that the whole philosophy over the-past few years is to uge each employee's time tostherfull- est and best use. He said that it is significant that Police response time is 3.3 minutes. In reply to Mr. Martinson's contention that Richfield has two stations for a bopulation of approximately 47,000 citizens, that one station is a "political station" that is manned ohzy by two men. Chief McNellis added that the first line equipment has all been transferred to-the central station and that the city is considering closing the station entirely. that a study should'be made, with the assistance of Village expertise, to consider whether or not a second station is needed. He Referring to the recent fire Councilman Courtney emphasized that no criticism-of the Fire Depart- : -. I Mr. Hyde replied Councilman Courtney suggested, and Council generally concurred,. Mr. Robert Kasbohm, Mrs. Maland Hurr, 4603 Brown- 6147 Arctic Way, said that the Homeowners' Coalition is interested in working -. - with Mr.-.Martinson and with Village officials, dale Avenue, said that she had not realized that the Fire Station at the Vill- age Hall was going to be moved and suggested keeping one vehicle at the former station, Mayor Bredesen said that it is not the vehicle, but the men, that put out the fires. should obtain wellLdocumented information and make a recommendation to the Coyncil. He suggested that people with expertise in the matter No formal action was taken. FIRE DEPARTMENT MEDIATION PANEL APPOINTED. Mr. Hyde referred to correspondence in regard to the offer of the Village to the Fire Fighter's Union and of their denial and of their formal request that a foknal panel be set up under the law. As recommended by Mr. Hyde, Councilman Shaw's motion was seconded by Council- man Courtney and carried appointing either Cyrus Wtbe or Peter Obermeyer as Village representative on the panel'.to serve along with a representative from the Fire Department and with a third, neutral member. I LIABILITY INSURANCE LIMITS DISCUSSED. Dalen containing information regarding additional costs to licensees who need insurance coverage. increase could be obtained, advising that an increase of 10% would be charged to increase insurance to @vefage of $200,000/500,000/100,000, 12% for cover- age of $200,000/750,000/100,000 and 14% for coverage of $200 ,OOO/l,OOO ,OOO/ 100,000. Mr. Dalen indicated that even thoughhhe increase is only between ten and fifteen percent, the cost to some licensees, particularly taxi cabs, could amount to $125 to $200 more per year and would be, in some cases, impossible for small operators to obtain. seconded by. Councilman Courtney and carried continuing the matter so that the Village could check with other municipalities to see what insurance limits are required by them. Mr. Hyde referred to a &ebb from Mr. Mr. Dalen indicated that only a percentage of cost Councilman Johnson's motion was PROPOSED REVENUE SHARING BILL DEPLORED. to the fact that the House Nays and Means Committee had reported out the State Mr. Hyde called Council's attention and ?!,oca1 Fiscal Assistance kt of 1972 and that the Village of Edina will be entitled to $383,461, was seconded by Councilman Van Valkenburg and carried directing the Village Manager to wire Edina's representatives in Congress urging them to vote against this proposal because of many gross inequities. Mr. Hyde was to point out that the bkll apparently does not eliminatq or even reduce, existing fed- eral grant programs and would make it more difficult to lower existing feder- al income tax rates and that the bill's formula gives no credit for mun2cipal- ities which have demonstrated efficiency and economy in government. PUBLIC DANCE LICENSE POLICY CONTINUED. in which Council gave approval to two public dances. Courtney was seconded by Councilman Shaw and carried referring the matter to the Village Attorney to draft an amendment to Ordinance No. 201which would delegate authority for approval for public dances to the Police Department. Following some discussion, Councilman Shaw's motion I Mr. Hyde recalled a telephone poll Motion of Councilman 5/1/72 ' I TRAFFIC SAFETY COMMITTEE MINUTES APPROVED. seconded by Councilman Shaw and carried, approving the minutes of the Traffic Safety Committee of April 19, 1972. R. V. BARTHELEMY CLAIM FOR DAMAGES REFERRED TO INSURANCE COMPANY AGAIN. Mr. Hyde referred to thk dp@iion of the Village Attorney in which he stated that he did not believe that the Village had any legal or moral obligation for payment of damages incurred at the home of Mr. R. V. Barthelemy, 5500 Benton Avenue, when his basement was flooded.t5itli water Erom a broken watermain. Discussion ensued as to the quality of materials used, with Mr. Barthelemy contending that if the Village had been using ductile pipe the breaks would not have occurred. Mr. Dunn and Mr. Woehler said that, while ductile iron has been available from some time, the cost was very high until just before the Village startid using it in 1966. the Council is not at odds with him but that the Village cannot pspa6Iisb:a precedent of paying damages for something for which it carries insurance. Councilman Johnson's motion that the matter he.Peferred once more to the insur- and company was seconded by Councilman Courtney and carried. Mr. Erickson said that he would also talk to the insurance company. Coun ilman Courtney's motion was Mayor Bredesen told Mr. Barthelemy that APPOINTMENT OF SOUTH HENNEPIN COUNTY PLANNING BOARD mMBERS CONTINUED, appointment of South Hennepin County Planning Board members was continued to a €ature meeting by motion of Councilman Johnson, seconded by Councilman Van Valkenburg and carried. The LOGIS DIRECTOR AND ALTERNATE DIRECTOR APPOINTED. Hyde that a Director and Alternate Director must be appointed to serve on the Board of Directors for 'Zocal Government Infomiation Systems" (LOGIS), Council- man Van' Valkenburg offered the following resolution and moved its adoption: Upbn being advised by Mr. - ~ RESOLUTION BE IT RESOLVED by th'e Edina.Village Council that Warren C. Hyde.be designated the Director and J. N. Dalen,be designated the Alternate Director to serve on the Board of Directors for "Local Government Information Systems" (LOGIS). Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the regolution was adopted. T.H. 100 AT WEST 50TH STREET TRAFFIC SIGNAL AGREEMENT APPROVED. Mr. Dunn advised that agreement has now been reached with the State Highway Department for cooperative agreement for the traffic signals at a cost to the Village ~ of $21.3230 %hi& i$zone-quarter of the total cost. Councilman Van Valkenburg then offered the following resolution and moved its adoption: , RESOLUTION BE IT RESOLVED that the Village enter into an agreement with the State of Minnesota, Department of Highways, for the following purposes, to-wit: To install a traffic control signal with street lights on Trunk Highway No. 100 at FJest 50th Street' in accordance with the terms1 and conditions set forth and contained in Agreement No.' 57039, a copy of which was before the Council; and BE IT FURTHER RESOLVED that the proper Village officers are hereby authorized to execute such agreement, and thereby assume for and on behalf of the Village all of the co'ntractual obiligations contained therein. 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. Mr. hnn added that State Aid Gas Tax funds 98~ be used for this project. NORTHERN STATES POWER COMPANY STREET LIGHTING CONTRACT DISCUSSED. referred to a letter from Mr.,Erickson relative to the Northern States Power Street Lighting Contract, noting that the-agreement has still not been signed and that the Village is paying at: the new rates. Mr . Hyde No action was taken. \?ELL NO. 10 REPAIR AUTHORIZED.. Mr. Hyde advised that Well No. 10 is pumping sand and Dresented informal bids received which indicated Keys Well Drilling was low bidder. awarding the bid tb Keys Well Drilling was seconded.b,y Councilman Shaw and carried. As recommended by Mr, Hyde, Councilman Johnson's motion SOUTkALJ3 LIQUOR STORE BIDS TO BE TAKEN. As recommended by Mr. Hyde, Council- man Courtney offered the following resolution and moved its adoption authoriz- ine; advertisement for bids for the Edina .Liquor Store building: - RESOLUTION BE 1TT.RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF' EDINA, MINNESOTA: 1. The plans and specifications of the, proposed improvements 'set forth in the following Advertisement for Bids form, heretofor prepared by the Village Eng- ineer and now on file in the office of the Village Clerk are hereby anproved, 5/1/72 2. Bulletin the following notice for bids for .improvements : The Clerk shall cause to be pyblished in che Edina Sun and Construction (Official Publication) VILLAGE 'OF EDINA . HENNEPIN COUNTY, MINNESOTA *I ADVERTISEMENT FOR BIDS EDINA LIQUOR STORE BUILDING BIDS CLOSE 2:OO P.M., D.S.T., MAY 25, 1972 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th Street; at 2:OO p.m., D.S.T., Thursday, May 25, 1972, and the Edina Village Council will meet at 7:OQ p.m., Monday, June 5, 1972, to consider said bids for the construction of the Edina Liquor Store Building in accordance with the drawings and specifications on file at the following locations: The Cerny Associates, Inc.; F. I?. Dodge Corporation; SCAN; Builders Exchanges at Minneapolis and St. Paul; and the Edina Village Hall. The proposal will be received to include all general, mechanical and electrici- cal construction work in accordance with the plFs and specifications prepared by The Cerny Associates, Inc. Plans and specifications are available at the office of The Cerny Associates, Inc., 700 First National Concourse Building, Minneapolis, Minnesota 55402 for a deposit of $25.00. documents available to Prime Contractors on deposit basis.) refundable upon return of documents, in good condition, to Architect's office within ten days after bidding. indicated will result in forfeiture of deposi!. and specifications are available for an extra non-refundable charge. will be charged for all mailing, to include both-deposit and purchase items. Postage is not refundable. No bids will be considered unless sealed and accompanied by certified check or SuretynBond payable to the Village Clerk in the amount of five percent (5%) of the base bid. Surety must be authorized to do business in State of Minnesota. reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. (Up to two sets of Deposit is Failure to return documents as Separate parts of plans Postage Bids to be valid for 30 days. The Council reserves the right to Florence B. Hallberg Village Clerk 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. CABLE TELEVISION MEETING MINUTES of April 18, 1972, were brought to Council's Mr. Kasbohm asked how this type of building was decided upon. - - attention by Nr. Hyde. No action was taken. ZONING ORDINANCE AMENDMENT TO BE CONSIDERED, suggestion of Councilman Van Valkenburg whereby the Zoning Ordinance would be amended to provide that a zoning request for the same piece of land cannot come back to Oouncil within a certain period of time, to the Village Attorney. Mr. Hyde advised Council of a The matter was referred HEARING DATE SET FOR VARIOUS IMPROVEMENTS. man Van Valkenburg offered the following resolution and moved its adoption: As recommended by Ms. Dunn; Council- RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON The Village Engineer, having submitted to the Council a preliminary report VARIOUS IMPROVEMENTS 1. as to the feasibility of the proposed public improvements described in the ' form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby appr6ved and directed to be placed on file in the office of the Village Clerk. 2. Fdina Village Hall, to consider in public heiring the views of all persons interested 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: . This Council shall meet on Monday, May 15, 1932, at 7:OO p.m. in the The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) VILLAGE OF EDINA JJENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC JJEARINGS GRADING, GRAVELING AND UTILITY RELOCATION 1- IMPROVEMENT NO . P-C- 112 5/1/72 c PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER IMPROVEMENT NO, P-BA-190 SANITARY SEfJER ’IMPROVEMENT NO, P-SS-305 STORM SEWERS IMPROVEMENT NO. P-ST,S.-131 IMPROVEMENT NO. P-ST .S ,0132 Edina Village Council will meet at the Edina Village Hall on Monday, May 15, 1972, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below : A. CONSTRUCTION OF GRADING, GRAVELING AFJD UTILITY ESTIMATED COST RELOCATION AND APPURTI$NANCES IN THE: FOLLOWING: 1. IMPROVEMENT NO. P-C-112 - $441,638.68 Lincoln Drive from Londonderry Road to South 7th Street Interchange CURB AND GUTTER IN THE FOLLOWING: 1. IMPROVEMENT NO. P-BA-190 $191,108.92 B. CONSTRUCTION OF PERMANENT STREET SURFACING ANI) CONCRETE Lincoln Drive from Londonderry Road to South 7th Street Interchange C. CONSTRUCTION OF VILLAGE SANITARY SEWER ANI) APPURTENANCES IN THE FOLLOWING : 1, IMPROVEMENT NO. P-SS-305 $ 14,958.13 South of centerline of Lincoln Drive from South line of Nine Mile.North Addition to 60’ Dominick Drive- D. CONSTRUCTION OF VILLAGE STORM SENER AND APPURTENANCES IN THE FOLLOWING: 1. XMPROVEMENT NO, P-ST.S.-131 $ 13,487.19 Easement line in South 20 feet of Lot 11, Block 2, Richmond Hills 2nd Addition from pond to Rich- wood Drive Richwood Drive from Easement line to 160’ ?‘North Easement line from low point in back yard 85036 !Juanita to existing catch basis in alley West of Edina Covenant Church, $4202 West 50th Street 2. IMPROVEMENT NO. P-ST.S.-132 $ 3,526.58 The area proposed to be assessed for the cost of the proposed Gradihg, Gravel- ing and Utility Relocation (Improvement No. P-C-112) under A-1 above includes Lot I, Block 1, Interlachen Hills; Lots1 and 2, Block 1, and Outlot A, Nine Nile North; Outlot B, Londonderry; Lot 1, Block 1 and Outlot A, Prestige 2nd Addition; Parcels 532 and 545, Section 30, Township 117, Range 21; and Parcels 4210, 4400 and 4030, Section 31, Township 117, Range 21. The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-190) under B-1 above includes Lot 1, Block 1, fnterlachen’,Hills; Lots 1 and 2, Block 1 and, Outlot A, Nine Mile-North Addn,; Parcels 532 and 545, Section 30, Township 117, Range 21; and Parcels 4210, 4400 and 4030, Section 31, Township 117, Range 21; Outlot B, Londonderry; Lot 1, Block 1, Outlot A, PresFige 2nd Addn. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-305) under G-1 above includes all that part of Parcel C4000 lying West of Londonderry Addition, Section 31, Township 117, Range 21, and part of Tract’A, R.L.S, 81145 lying West of proposed frontage road. The area proposed to be assessed for the cost of the proposed Storm Sewer (Improvement No. P-ST.S,-131) under D-1 above includes all lots and tracts of land within the fh3Aowing described Southerly corner of Lot 12, Block 2, Richmond Hills 2nd Addition; thence Northeasterly to a point on the Northeasterly line of2ot 13, said Block 2, which point is 30 feet Southeast of the most Northerly corner of said Lot 13; thence Northeasterly to the Northeast corner of Lot 14, said Block 2; thence Northeasterly to’a point in Lot 1, Block 3, Edenmoor, which point is 80 feet North of the South line and 50 feet West of the East line of said Lot 1; thence Northeasterly to a point on the South line of Lot 4, Block 3, thence ~ Northeasterly to a point on the South line of Lot.; 4, Block 3, Edenmoor, which point is 150 feet West of the Southeast corner of said Lot 4; thence North- easterly to a point.on’the East line of said Lot 4, which point is 150 feetu North of the Southeast corner of said Lot 4; thence Southeasterly to a point on the Vest line of Lot 5, Block 2, Edenmoor, which point is 25 feet South of the Northwest corner of said Lot 5; thence Southeasterly to a point on the boundaries : Beginning at the most 5/1/72 - - East line of said Lot 5, which point is 40 feet North of the Southeast comer of said Lot 5; thence East to a point on the West line of Lot 8, said Block 2, which point is 40 feet North of the Southwest corner of said Lot 8; thence Northeasterly to a point on the East lihe gf said Lot 8, which point is 50 feet North of the Southeast corner of saidLot 8; thence South to the North- west cdrner of Lot 1, Block 1, Richmond Hills.2nd Addition; thence South- easterly to a point in said Lot 1,'which'point is 20 feet South of the North line and 50 feet East of the West line, measured radial to the curve, of said Lot 1; thence Southwesterly to a point on the west line of said Lot 1, which. point is 20 feet North of the Southwest corner of said Lot 1; thenceSouth- erly along the West lines of Lots 1, 2 and 3, said Block 1, to the most 17esterly comer of said Lot 3; thence Southeasterly along the Southwesterly line of said Lot 3, a distance of 10 feet; thence Southwesterly to a point 35 feet from the Northwesterly line and 40 feet from the Southwesterly line of Lot 4, said Block 1; thence Westerly to the intersection of the centerlines of Richwood Drive and Edenmoor Street; thence Southerly to a point: in Lot 1, Block 2, Richmond Hills 2nd Addition, which point is"20 feet from the North- easterly line and 35 feet from the Northwesterly line of said Lot 1; thence Southwesterly to a point on the Southwest line of said Lot 1, which point is 30 feet South of the Northwest corner of said Lot 1; thence Southwesterly'to a point on the Southwest line of Lot 2, Said Block 2, which point is 35 feet South of the Northwest corner of said Lot 2; 'thence Southwesterly, parallel to and 35 feet from the North lines of Lots 3, 4 and 5, said Block 2, to the East line of Lot 6, said Block 2; thence Southwesterly to a point on the West line of said Lot 6, which point is 60 feet South of the Northwest coker of said Lot 6; thence Vesterly to a point on the West line of Lot 7, said Block 2, which point is 60 feet South of the Northwest corner of said'ht 7; thence Northwesterly to a point on the West line of Lot 8, said Block 2, which point is 40 feet South of the Northwest corner of said Lot 8; thence __ Northwesterly a distance of 50 feet to a'point 40 feet Southwest, measured -radial to the curve, from the Northeasterly line of Lot 9, said Block 2; thence Northwesterly to the most Northerly corner of said Lot 9; thence Northeasterly to the most Southerly corner ol Lot 12, said Block 2, which is the point of beginning. Also included is Lbt 11, Block 2, Richmond Hills 2nd Addition. The area proposed to be assessed for the cost of the proposed Storm Sewer (Improvement No. P-ST.S.-132) under D-2aabove includes all lots and tracts of' land within the following described boundiries : Beginning at the Northeast corner of Lot 6, Block 3, Brucewood; thence Northeasterly to the Southwest comer of Lot 5, Block 2, Stevens' 1st Addi- tion; thence Northeasterly to a point 8 feet Norfh of the South line and 15 feet East of the West line of said Lot 5; thence Northerly to a point on the .North line of said Lot 5, which point is 15 feet East of the Northwest corner of said Lot 5; thence Easterly to the Northwest corner of Lot 6, Block 2, .Stevens' 1st Addition; thence Southeasterly to a point on the East line of Lot 2, Block 5, Glenview Addition, which point is 10 feet South of the North- east corner of said Lot 2; thence Southwesterly to a point on the West line of said .Lot 2, which point is 60 feet South of the Northwest corner of said Lot 2; thence Southwesterly to a point on the Northeast line of Lot 4, Block 5, Glenview Addition, which point is 75 feet Southeast of the Northeast corner of said Lot 4; thence Northwestetly to a point on the'West lim of said Lot 4, which point is 16.fciet South of the Northeast coher of Lot 7, Block 3; Brucewood; thence Northwesterly to a point on the North line of said Lot 7, which point is 40 feet East of the Northwest corner of said Lot 7; thence Northeasterly to the point of beginning. I I ' . Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resblution was adopted. GLA33B:PAID. . and carried for payment of the following ciaims per Pre-List dated May 1, 1972: General Fund, $24,780.49; Construction Fund, $54.60; Park, Park Construction, Swimming, Golf, Arena, Gun, $17,137.41; Water Fund, $8,908.91; Liquor Fund, $96,391.31; Sewer Fund, $30,968.34; Improveyents, $129,487.65; Total,, $307,728.31; and for confirmation of payment of the following claims: I Councilman Courtney's motion bas seconded by Councilman Shaw 4/19/72 Lawrence & Lucille Russ $ 200.00 General 4/21/72 Standard Oil 1,414.12 General %4 No further business appearing, Councilman Van Valkenburg's motion for adjourn- ment was seconded by Councilman Courtney and carried. p .m. Adjournment at l0:40 I Village Clerk 22