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HomeMy WebLinkAbout19721106_regularMINUTES OF THE REGULAR METING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, NOVEBBER 6, 1972 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, Van Valken- burg and Mayor Bredesen. NATIONAL YOUTH APPRECIATION WEEK PROCLAIMED. sponsored observances of National Youth Appreciation 'Neek throughout the United States and Canada for the past eighteen years, Mayor Bredesen Sssued the following proclamation: PROCLAIIATION WHEREAS, the vast majority of the youth are concerned, knowledgeable and responsible citizens; and WHEEtEAS, the accomplishments and achievements of these young citizens deserve recognition and praise of their elders; and NHEREAS, Optimist International has for the past eighteen years developed and promoted a program entitled National Youth Appreciation Week, this year to be observed November 13-19; and I.JHEREAS, the citizens of the Village of Edina have indicated a desire to join with the Optimists in expressing appreciation and approval of the con- tributions of the youth, I, Arthur C. Bredesen, Jr., therefore proclaim November 13-19, 1972, as National Youth Appreciation Week in the Village of Edina. today's youth as they assume responsible roles in the future of mankind. Optimist International, having By this action, let it be known that we have faith in the ability of EXPRESS BUS ROUTE PROPOSAL DISCUSSED. Mr. Hyde kf2oduced Mr. Lewis Olson, Assistant General Manager of the Transit Operating Division, who explained the details of proposals the Metropolitan Transit Commission is about to make which would provide a logical extension of existing routes and increase the capacity of 35V, whereby ramps will be metered and busses will have prefer- ential access to them. Mr. Olson advised that December 11, 1972, would be the starting date, adding that the two proposals for Edina call for one route from Benton and Stuart Avenues operating Westefly to Tingdale, South to Valley View, East to $1. 66th Street, East-to Xe.rxes or France Avenues and then onto the Crosstown and North to 2nd Avenue and 2nd Stredt. The other route would start at Antrim Road at 17. 68th Street, South on Antrim, East on 17. 70th Street, North on France Avenue to 66th Street or the Crosstown Highway. One of these routes would probably go through the Colony apartment area. ing considerable discussion, Councilman Johnson's motion was seconded by Councilman Van Valkenburg and carried that the matter be continued to November 20, 1972, so that the proposal could be publicized in the Edina Sun and citizen reaction known. I Follow- HIGHLANDS SCHOOL BOMBING DISCUSSED. Mr. Hyde recalled that the Highlands School bombing had been quickly cleared up have good law enforcement, citizens and the media must cooperate with the Police Department and that the Police Department must use the information made available to it. Mr. Hyde gave credit for solving the bombing to the existence of reward money, the willingness of citizens to furnish information, the use of the media and the hard work by the Police Department, particularly Detective Richard Nissen. and pointed out that in order to HALLA PROPERTY REZONING CONTINUED TO NOVEMBER 20, 1972. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. As requested by the petitioners, Councilman Van Valkenburg's motion was seconded by Councilman Shaw and carried continuing the matter to November 20, 1972, for zoning change for the Halla property from R-1 Residential District to Automobile Parking District. ORDINANCE NO. 811-A30 GRANTED FIRST READING. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Nr. Hyde presented Ordinance No. 811-A30 which was recommended by Planning Commission which would stipulate setback on lots that front on two streets. No object- ions being heard, Councilman Johnson offered Ordinance No. 811-A39 for First- Reading as follows: ORDINANCE NO. sii-~30 AN ORDINANCE &SENDING' THE ZONING ORDINANCE TO REQUIRE A MINIIlIJl-1 SETBACK ON THROUGH LOTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 3, paragraph 4(a) -of Ordinance No. 811 is hereby amended by adding the following subsection (5) thereto : 1.1 /6 / 7 2 (5) THROUGH LOTS. For any through lot, the required setback for a single family residence and any structure accessory thereto, including detached garages, from the street upon which the residence does not front shall be not less than 25 feet. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. EVANSWOOD I1 ADDITION CONTINUED'TO NOVEMBER 20, 1972. were presented by Clerk, approved as to form and ordered placed on file. requested, Councilman Courtney's motion was seconded by Councilman Johnson and carried continuing hearing to November 20, 1972. REPLAT OF OUTLOT A, GLEASON THIRD ADDITION CONTINUED. were presented by Clerk, approved as to form and ordered placed on file. Mr. Affidavits of Notice As Affidavits of Notice I a a Luce presented Replat of Outlot A, Gleason Third Addition for preliminary approval, noting that this is a gwo lot replatting of an outlot located at the end of Aspen Drive, North of Vernon Avenue. Mr. Luce pointed out that the outlot had been created in 1967 because it was felt that the property should not be platted until such a time as the creek would be relocated. He added that the creek has not been relocated and that the staff and Planning Commis- sion have recommended denial of the plat: With the aid of the view-graph, - Mr. Luce explained the surrounding properties and the location of Nine Mile- Creek in relation to the property in question, and as pertained to the green strip along the creek which must be dedicated for park and open space preserva- tion and protection purposes. Mr. Gregory Gustafson advised that he has pur- chased Outlot A. He said that, in view of the denial by Planning Commission and in view of the fact that he was told at the State level that he could not move the creek, he now proposes to build his house on Outlot A and abandon plans to plat the property. M,r. Gustafson added that at the time the property k7as platted in 1967, Mr. Akens had dedicated 50 feet of parkland along the creek with the understanding that the creek kould be moved. that at one time, Mr. Akens had a permit from the State to move the creek but that the permit had expired. any commitments of any kind relative to any filling or that any acreage would apply to any subdivision in the future. Mr. Gustafson said that Outlot A was valued at $13,000 for tax purposes and he should be able to build his house on the lot. Mr. Richard Bastyr, 6504 Aspen Road, said that he represented the neighbors and that they objected to any building on the outlot inasmuch as it is the only natural spot in the area and they had understood that it would not be developed. Mayor Bredesen-pointed out that the property owners have been paying taxes and assessments on this property and that if the Village is not prepared to buy the land, it should be prepared to issue a building permit. Councilman Shaw noted for the record that 860 feet is one proposed level of Mud Lake for flood contqol purposes. In response to a question from Mr. Bastyr, Councilman Shaw advised that 100 foot setback is now required from the creek in contrast to the 50 foot setback that was required at the time the &kens property was platted. was seconded by Councilman Courtney and carried, continuing the matter to December '4, 1972, so that the Village Attorney could review his files and so that the matter could be referred to the Environmental Quality Commission. Mayor Bredesen reiterated that he believed that, in this total consideration, the Village should be prepared to pay for the lot, along with assessments and taxes that have been paid and the assessments that are forthcoming, if the building permit should be denied. Mr. Dunn clarified Mr. Erickson said that he had no recollection of Following considerable discussion, Councilman Johnson's motion LOT 46, MORNINGSIDE LOT DIVISION .RFE~~~-TO,PL~~~..C~~ISSION. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the request of Mr. Jeffrey K. Owens, 4223 Alden Drive, for division of Lot 46,, Morningside which would result in two 50 foot lots. He noted that a similar request was approved last year by the Planning Commission, contingent on approval by the Board of Appeals of the necessary variances to permit the division. the requestedvariances, that lot division had been denied. that there are only three 100 foot lots remaining on the block. that he proposes to improve his property with the money he would get from the sale of the extra lot. division, the Planning Commission had not acted-pursaant,to OrdiTance Nd. 801-A5 and; therefore;-had'noe *taEefi. acticn in accordance with proper procedure. As recommended by Mr. Erickson, Councilman Johnson's motion was then seconded by Councilman Courtney and carried, referring the matter back to the Planning Commission fo mak4 a finding'as'to why:tIie 50'foot lot variance should be granted. into 66 foot lots, with the exception of three 100 foot lots. Inasmuch as the Board of Appeals had denied It was pointed out Mr. Owens said klr. Erickson pointed out that, in recommending the lot Mr. Luce clarified that other lots in the block have been divided 11/6/72 ERNST & ERNST APPOINTED 1972 AUDITORS. Emst & Ernst asking for appointment to audit the books of the Village for the year 1972, whereupon Councilman Van Valkenburg's motion was seconded by Council- man Shaw and carried appointing ErJlst & Ernst hs auditors for the Village for 1972. Council was advised of a 'letter from HEXRINGLDATES SET.FOR PUBKCC.HEARINGS~ON LOT DIVISIONS-' As recommended by Mr. Luce, Councilman Courtney's motion was seconded by Councilman Shaw and carried, setting hearing date for the following lot divisions for November 20, 1972: 1. Lot 1, Block 2, Arden Park 3rd Addition 2. Lot 2, Block 1, Elizabeth Terrace CANVASSING BOARD 'APPOINTED; CANVAS OF, COUNCIL MEETING SET. As recommended . by.fhe SIgHSage Clerk, Councilman Shaw's motion appointing Plessrs. H. Austin Tucker, 11. Ralph Hines, William Ryan, Patrick Scott, Scott IlcDaniel, James Hahn and James Poole to serve as Canvassing Board for the November 7, 1972, election. Council will meet on Thursday, November 9, 1972, at 5:OO p.m. to can.irass-'che findings of the Canvassing Board. NOVEMBER 7, 1972, ELECTION SET-UP REVIEWED. l, 1972, election. No action was taken. ARNESON HOME PROTECTION SYSTEM AUTHORIZED. Manager and Treasurer, Councilman VanValkenburg's motion was seconded by Council- man Courtney and carried to rent a protection system for $50.00 per month for two years for a total cost of $1,200. ment in the case of fire or burglary. ANIMAL CONTROL SERVICES TO BE TAKEN OVER BY VILLAGE, attention to a memo from Chief Bennett, recommending that the Village purchase its own vehicle and hire its own animal patrol officer. that there is no kennel facility in the Southwest part of Hennepin County, but noted that Mrs. Kay Scheurenbrand who presently runs a dog grooming service a€ 89th Bnd Wentworth is proposing to build a facility to provide for her business operation, the boarding of animals, a crematorium for disposal of animdls for contracting municipalities and a possible boarding kennel for private citizens. Other suggestions were also mentioned. Following some discussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried approving in principle the recommendation of ChiCf Bennett, with the hope that this new system would provide more adequate animal control, and pro- vided that a kennel will be avaifable. Mr. Hyde called Council's attention '- to a.mern6 from the Village Clerk describing preparations made for the November As recommended by the Village - The systemwould afekt th& PoLi-ce Depart- Mr. Hyde called Council's The memo pointed out i I . HUMAN EIGHTS COMMISSION ACTIVITIES REVIEW CONTINUED. called to an itemized list covering consultative activities of Mr. Gene Sylvestre during the period of September 25 to October 27. continued until the monthly report is received. Council's attention was The matter vas GOVERNOR'S REVENUE SHARING CONFERENCE TO BE ATTENDED... Mayor Bredesen called Council's attention to an invitation to attend a meeting of Wisconsin and Hinnesota municipal officials for the purpose of discussing mutual problems with particular emphasis on revenue sharing. was seconded by Councilman Shaw and carried that Mr. Hyde and Mr. Dalen attend the conference. Councilman VanValkenburg's motion EDEN AVE. AND OAKLA'NN AVE. LIFT STATIONS BIDS FOR ALTERATIONS TO BE TAI... As recommended by Mr. Dunn, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION APPROVIRY: PLANS AND SPECIFICATIONS AND DIRECTING ADVERTISEMENT FOR BIDS I FOR EDEN AVENUE AND OAIWIN AVENUE LIFT STATIONS ALTERATIONS BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed alterations set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction BulLetin the following notice for bids for improvements : (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS SUBEIERSIBLE PUMP DUPLEX LIFT STATION * SUBSBRSIBLE PUMP CONTRACT #72-11 11/6/72 / BIDS CLOSE DECEMBER 1, 1972 . SEALED BIDS will be received and opened in the Counc21 Chambers in the Edina Village Hall, 4801 $3. 50th St., at- 11:OO a.m., Firday, December 1, 1972, and the Edina Village Council will meet at 7:OO p.m., Mondaj., December 4, 1972, - to consider said bids for the Submersible Pump Duplex Lift Station and Sub- mersible Pump as follows: 1. Submersible pump duplex lift station with necessary piping 2. and electrical work. One 12" submersible pump addition to existing lift station with 347 L/F 14'r force main with necessary piping and electrical work. Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). plans and specifications with a bona fide bid. No'bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Said deposit to be returned upon return of the I The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk . . 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. . w c.3 & TRAFFIC SAFETY COMMITTEE MINUTES OF NOVEMBER 1, 1972, APPROVED as submitted by motion of Councilman Shaw, seconded by Councilman Johnson and carried. CROSSTOIJN HIGHMAY ASPHALTIC RESURFACING REQUESTED. Councilman Johnson advised that he is impressed by the significant reduction of vehicular noise experienced on the section of the Crosstown Highway between 35T.J and just East of France Avenue, and suggested that-Council adopt a resolution urging the Hennepin County Commissioners to approve installation of asphaltic blacktop through t!h& kemainder of the Village to the Vest Village Limits. In reply to a question of Councilman Courtney , Councilman Johnson pointed out that the Crosstown Highway was worn by use of studded tires.. offered the following resolution and moved its adoption: _- WHEREAS, the asphaltic blacktop on Hennepin County Highway 62 has substan- tially reduced vehicular noise between Interstate 3511 and France Avenue; and WHEREAS, the Edina Village Council is vitally concerned about the noise levels on Hennepin County Highway 62 and the effect thereof on persons resid- ing and working adjacent to said highway; NOW, THEREFORE, BE IT RESOLVED that the Hennepin County Commissioners, at the earliest possible date, approve and appropriate funds for the installation of asphaltic blacktop on Hennepin County Highway 62 between France Avenue and the %?est Edina Village Limits. 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. Following some discussion, Councilman Johnson then =SOLUTION ' T.H. 100 CONCRETE SURFACING TO BE INSTALLED. Mr. Hyde referred to a letter from Mr. N. R. Osterby, District Engineer of the Minnesota .Department of High- ways, written in reply to a request of Mr. Roger Anderson that T.H. 100 could be blacktopped through Edina for the purpose of reducing traffic noise. Osterby's letter pointed out that numerous studies conducted throughout the country have concluded that virtually no difference exists between concrete and bituminous pavement as far as noise levels are concerned when the roads are new. It was pointed out that the-request for bituminous resurfacing of the Gauss- town Highway v7as brought about because the concrete surface had become worn and increasingly noisy. Mr. Osterby's letter pointed out that designers are con- sidering various methods of noise control along the entire length of T.H. 100. This will take the form of depres.sing the roadway, constructing earth mounds , extending retaining walls , etc., wherever feasible to do so. taken. Mr. No action was BILLARD MORSE , JR. , RESIGNATION FROM ENVIRONMENTAL QUALITY COMMISSION ACCEPTED. Council was advised of the resignation of Mr. Willard Morse, Jr. from the Environmental Quality Commission. Councilman Shaw's motion accepting the resignation with regret and commending Mr. Morse for his service on the Com- mission was seconded by Councilman Courtney and carried. BRAEMAR GOLF CLUBHOUSE BIDS AUARDED. As recommended by Mr. Hyde, Councilman Courtney's motion was seconded by Councilman Johnson and carried, awarding bid for concrete roof and 4tr slab for Braemar Golf Clubhouse to low bidder, Axel H. Ohman, in the amount of $2,500. r202. 1 11/ 6. /72 WKON APPLICATIONS SUBMITTED. Nr. Hyde advised that preliminary approaches have been made to LAWCON through the State Planning Department for funds for Nine Mile Creek and Mud Lake Scenic Bilce and Pedestrian Paths. forthcoming to advise whether funds are available for these projects. action was taken. Final data will. be No WD INTERN INTRODUCED. Mr. Hyde introduced IEss Nargaret Wolszon, an intern who has been loaned to the Village for four weeks by Hud and who is working on the Open Space Committee Report. DISCLAIXER GUIDELINES TO BE DEVELOPED. Village should develop guidelines and a disclaimer policy to be used for Village employees who appear as witnesses before legislative committees. Hyde said that he and Chief Bennett have already advised Captain Wrobleski that he should make it clear that lie is acting as a private citizen in his opposition to pari-mutual betting and that he should not use Village time for these .activities. Councilman Johnson suggested that the Mr.. Nr. Hyde will draft a policy for Council approval. EDINA LIBRARY PROTESTS PARKIKG FACILITIES; CONDENNATION OF &ERICAN LEGION HALL AUTHORIZED. requested the vacation of Eden Avenue because of a shortage of parking fac-'. ilities for the Edina Library. Mr. Hyde added that Village employees have been asked to park on the Vest side of the building and marked vehicles will be kept out of the Library lot, but that he did not see how Eden Avenue could be vacated. Discussion ensued as to thegossibility of condemning the Edina American Legion Hall in order to provide additional parking space, whereupon Councilman Courtney offered the following resolution and moved its adoption: IIHEREAS, it is necessary, advisable and in the public interest for the Village of Edina to acquire land for Village Hall and Municipal Building purposes; and f.JHEREAS, 5n order to accomplish such purpose, it is necessary for Village of Edina to acquire fee ownership of the land described as follows: Mr. Hyde advised Council that Hennepin County Library Board has - RESOLUTION Tracts B and C, Registered Land Survey No. 212, Files of Registrar of Titles, County of Hennepin. Also, Lot Ten (10) and Eleven (ll), Block Five (5),,Craik's First Addition to 'Edina, Hennepin County, Minnesota, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, excepting, however, the following two tracts of land: (1) That part of Lot Eleven (ll), Block Five (5), Craik's First Addi- tion to Edina, described as follows, to-wit: Commencing on the South line of Lot Eleven (11) , Block Five (5), Craik's First Addi- tion to Edina, at a point di'stank L2:927. .feet ;Easferly of the South- west corner of said Lot Eleven (ll), measured along the South line of said Lot Eleven (11); thence Westerly along the South line of said Lot Eleven (11) to the Southwest comer of Lot Eleven (11); thence Northerly along the Vest line of said Lot Eleven (ll), a distance of 65.72 feet; thence Southerly to the point of beginning, accord- ing'to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Those parts of Lots Ten (10) and Eleven (ll), Block Five (5), Craik's First Addition to Edina, described as follows, to-wit :- __ Commencing at the Northwest comer of Lot Eleven (ll)., which North- west corner of said Lot Eleven (11) is marked with a judicial landmark; thence South on the West line of said Lot Eleven (ll), a distance of Twenty-nine feet (29'); thence North seventy-nine degrees (79O) East to the East property line of Lot Ten (lo), Block Five (5), Craik's First Addition to Edina; thence Northwesterly along the East property line of Lot Ten (10) to the most Northerly corner of said Lot Ten (10); thence South along the Ilest property line of Lot Ten (10) to the Northeast corner of Lot Eleven (ll), Block Five (5), Craik's First Addition to Edina, which said North- east comer is marked with- a judicial landmark; thence West along the North line of said Lot Eleven (11) to the point of beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; and IJHEREAS, the &.f€orCs of Village of Edina to obtain said land have been unsuccessful; and T.JHEREAS, by reason of the failure of thenvillage of Edina to obtain said land, it has become necessary to procure the same by right of eminent domain; (2) i 11/6/7 2 NOV, THEREFORE, BE IT RESOLVED that the Village of Edina proceed to procure the fee simple ownersbip of the land described above under its right of eminent domain, and that the Village Attorney be instructed and directed to file the necessary petition therefor and to prosecute such action to a suc- cessful conclusion or until it is abandoned, dismissed or terminated by the Village or by the Court; that the Village Attorney, the Mayor and the Clerk do all things necessary to, be done in the commencement, prosecution and suc- cessful termination of Such action. Notion 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. TEMPORARY IMPROVEMENT BOND SALE AUTHORIZED TO VILLAGE. Dalen, Councilman Couxtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Bdina Village Council authorize the same of $1,400,000 Temporary Improvement Bonds to the Village of Edina. Motion €or adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. TREASURER'S REPORT AS OF SEPTEMBER 30, 1972, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Van Valkenburg and. carried. As recommended by Mr. RESOLUTION LIQUOR REPORT AS OF SEPTEMBER 30, 1972, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Van Valkenburg, seconded by Councilman Courtney and carried. CLAIMS PAID: and carried fo'r payment of the following claims as per Pre-List: General Fund, $31,788.91; Construction Fund, $2,575.45; Park, Park Construction, Swimming, Golf, Arena, Gun, $71,917.49;, Nater Fund, $40,473.15; Liquor Fund, $35,863.45; Sewer .Fund, $32,772.37; Improvement, $1,019,813.64; PIR and Poor, $471.23; Total, $1,235,675.69; and for confirmation of payment of the following 'claims: General Fund, $15,500.63; Construction Fund, $32,457.48; Parks, etc., $2,558.72; Water Fund, $3,662:72; Liquor Fund, $144,452.20; Sewer Fund, $.72; Motion of Councilman Courtney was seconded by Councilman Johnson Total, $198,632.47 .. No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 8:17 p.m. d Village Clerk