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HomeMy WebLinkAbout19730521_regularNINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MAY 21, 1973 Members answering rollcall were Councilmen Johnson, Shaw and Van Valkenburg and Mayor Bredesen. JOSEPH E. ERICKSON PRD-5 ZONING REQUEST GRANTED FIRST READING AND CONCEPT APPROVAL. and ordered placed on file. Erickson for zoning change from C-3 Commercial District to PRD-5 Planned Residential District for Outloti 2, Southdale Office Park, located on the North- west corner of France Avenue and W. 66th Street. Mr. Luce advised that the site contains 8.4'acresy 2.8 acres of which are buildable, with the pond itself consisting of 3.9 acres. He pointed out that it is proposed to construct a twelve story, 150 unit DfI'' shaped condominium and advised that the staff and Planning Commission have recommended approval at this time, inasmuch as it is felt that this proposal would cause less traffic than allowable C-3 uses. It was further pointed out that PRI>-5 does not restrict parking in the front yard and would not, therefore, require any parking variance as has been necessary with previous proposals. Mr, 'Joseph Erickson introduced his attorney, Mr. Robert Hoffman, who, with the aid of the view-graph, presented slides dealing with traffic studies in the area and advised that the proposal had received approval of the Environmental Quality Commission and the Nine Mile Creek Watershed District in addition.to that of the Planning Commission. He said that the Planned Residential District was designed to preserve and protect the natural amenities and to encourage imagination and flexibility in use. Hoffman added that the proposal under discussion more than meets zoning requirements in regard to the size of the site, number of units, open space area, front and side yard setbaclcs and both enclosed and surface parking. Hoffman referred to traffic problems in the area and advised that this proposal will result in the least number of additional trip generations by a substantial margin than any of the other reasonable or possible alternate developments of the property. Mr. Donald'Brauer presented a model of the building, along with slides which dealt with the site location and the visual impact of the project on the surrounding area. son with the relative size of surrounding buildings. building will have two points of access to France Avenue and one point of access to W. 66th Street syMch will be used by residents of the building. Mr. Lloyd Bergquist, architect for the project reviewed the floor plans of the building and amenities which he said will '*afford residents a life style not now available to Edina residents. easement to the pond, stating that they proposed,to enlarge the easement by one additional acre. Mr. Glen Harmon, 6117 Brookview Avenue, objected that there are already too many left turns being made to reach the entrance of the Medical Building. Mr. Warren A. Strum, 6713 Southdale Road, was told that the proposed building would be the same height as the Fairview-Southdale Hospital. Mr. John Morfison, President of the Edina Homeowner's Coalition, opposed the proposal on the grounds that it represents excessive use of the site. He said that the site is an island surrounded by busy streets on three sides and estimated that the development would generate approximately 1,000 trips per day where the D.M.J.M. Report recommends only 500 trips per day. Mr. Mortison read from an article in the.Minneapo1i.s Star for May 17, 1973, which quoted Mr. William Crawford, State Highway Engineer. Mr. Crawford said that to comply with the new Federal Highway Administration requirement that after June 30 comprehensive environmental statements must be prepared for all highway pro- jects involving any Federal funds, except for safety projects, it yill take from one to two years to research the statements and submit them to the various agencies which may review and comment on the plans., Mr. Mortison said that because of this requirement, the improvement of France Avenue, and especially access to T.H. 494 is becoming increasingly unlikely, since practically no new State Highway jobs will be started in 1974 and 1975. indicated that the widening of T.H.' 100 from Valley View Road to 14. 70th Street which was to begin this fall has now been delayed for an unknown period. Mr. Mortison said that this delay would mean that options that had existed for disposing of the traffic generated by this site, and others which will follow, are greatly reduced and will require that great care be taken in plan- ning any development having the scope of the proposal now under-consideration. Dr. James Lillehei, 6704 Southdale Road, objected that an additional twelve story building, along with the additional traffic that it would cause, would tend to trap gasses and contribute to pollution settling in low spots in the area. the effect a lmmer building would have on anv ?n!.l-iitinn nmhl.Pm. Affidavits of Notice were presented by Clerk, approved as to form Mr. Luce presented the request of Mr. Joseph E. Mr. Mr. These slides ptctured'the proposed building in compari- He pointed out that the . He guaranteed the maintenance of the Village Mr. Crawford had also Dr. Lillehei was unable to answer Councilman Courtney's question as to Fry. Jap-~ 5/21/73 Hirsh, 6805 Point Drive, said that the Council would go beyond its authority in changing a comprehensive zoning plan and that the proposed building vould be "spot zoningtt which the Minnesota Supreme Court has declared illegal. He referred also to the case of Kleber. vs; .the..Cit%. of :St. .Lo.uis. Park in Gzhich the Supreme Court upheld the denial of a zoning change on Narch 12, 1971, based on additional increasingly high density, inaaequate roads, traffic problems and that "Piecemeal zoning The Vill- age Attorney was asked to research the law case mentioned and report-his find- ings to the Council. .Mr. Arthur Nelson, 6628 Brittany Road, suggested that, in view of the increased population pressures, it might be necessary to amend the zoning ordinances. He then read portions of the State lJater Law and said that under Section 105.85 the pond on the site under consideration would be consid- ered public waters. Nr. Nelson then read a letter to Elrs. Allison Fuhr from Eugene R. Gere, Director of Division of Waters, Soil & Minerals of the State of Blinnesota Department of Natural Resourceqin which.Mr. Gere opined that therefore, subject to the provisions of liinnesota Statutes Chapter 105f' and that "any proposed alteration of the course, current or cross section of this body of water must be submitted to the Department of Natural Resources for appropriate review and action" as set forth in the statutes. issue with the Mayor's statement that this was primarily a man-made pond, stat- ing that the pond appears in a picture taken on Nay 11, 1951. Nr. Murray Laub, 6613. Cornelia Drive; '+getlands" and that, under environmental law today, "wetlands are considered public waters. ment of the Hospital opposing the proposal. Dr. Richard Simmons, 4800 Dun- berry Lanspresented a petition signed by 27 members of the hospital medical staff, requesting that Counci1'"declare a -0ratorium on the immediate develop- ment of building on France Avenue from 66th Street to 78th Street until an overall plan is developed that will include the effect of Yorlctown, the Edina East Development and Highway Planning." The question was raised as to whether the zoning should be based on the total "buildable" area of land (not including the pond acreage) or upon the overall dimensions of the property. Mr. Leo Walch, Scott said that the traffic counts used by the proponents on traffic conditions in the area did not reflect counts at seasonal peaks. Following considerable discussion, Councilman Johnson moved that the zoning be denied, based on the fact that he believed that the development would cause a substantial increase in traffic and that he believed that the density provisions of the zoning laws should be interpreted in the context of buildable area which, in this case, would permit only 69 units. Councilman Shaw then recalled that he had voted against'the first two proposals for this property in view of the variances which would have been necessary and that he had, at those meetings, expressed his feats that something less desirable might be constructed on the site. He added that the Village has always used the total land area in determining the size of a buildable lot. from Councilman Van Valkenburg, Mr. Eriqkson said that the letter from Mr. Gere to Mrs. Fuhr was new evidence and that the Village had been of the opinion that the pond was not public waters. He said that there have been analogies to these cases such as private restrictions on subdivisions and the Village is asked many times to approve an action by a landowner which is contrary to private restrict- ions but yet within the Zoning Ordinances and beneficial to the Village. Mr. Ericlcson added that in those cases he has opined that the Council should look only to its ordinances and to its Village interests and that the impact of the private restrictions are for the landowner and the parties entitled to enforce those restrictions. Mr. Erickson said that he believes that much the same situ- ation exists in this case, where the State has control over that water (so they claim) and if, in fact, it does have that control, it would be another govern- mental body that must be'dealt with. It would not be binding upon the Council as to whether or not it is approved by the State, and that the same questions would have to be asked by Council as to whether or not the proposal conforms with Village ordinances and is beneficial to the Village. Councilman Shaw's motion granting concept approval of the proposal and First Reading of the following ordinance was seconded by Councilman Van Valkenburg, with the under- standing that the matter be reviewed by the Village Attorney after researching the statutes and the Xlebcr- vs. the City of St. Louis Park.case: AN ORDINANCE &ENDING THE ZONING ORDINANCE,(NO. 811) might wear down the character of the area.cc "this pond constitutes public waters, is of a beneficial public purpose, and is, Mrs. Fuhr took said that he had been told that the area was formerly Mr. Vernon Knutson of Fairview Southdale Hospital read a state- 6917 Cornelia Drive, also spoke in opposition to the proposal. Nrs. Virginia . I The motion died for lack of a second. In reply to a question ORDINANCE NO. 811GA34 ,. .. I. i BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-5) THE VILUGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: is enlarged by adding the following thereto: Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the Village 5/21/73 y 1'9. 1 "The extent of the Planned Residential District (Sub-District PRD-5) That part of Outlot 2, Southdale Office Park, according to the plat thereof on file and of record in the office of the Registrar of Titles, Hennepin County, Minnesota, described as follows: Comment- ing at a point on the South line of said Out195 2, 301.61 feet Vestenly of the Southeast corner of said Outlot 2; thence North along a line drawn 301.61 feet West of and parallel with the East line of said Outlot 2.a distance of 40 feet; thence Southeasterly to a point on the South line of said Outlot 2 a distance of 271.61 feet West of the Southeast corner of said Outlot 2; thence West to the point of beginning; which is in subdistrict PRD-5." Sec. 2. This ordinance shall be in full force and effect upon its pass- is enlarged by the addition of the following property: age and publication. On rollcall there were three ayes with Councilman Johnson voting %nay". The Nayor then announced that Second Reading would be conducted on June 18, 1973. Councilman Shaw asked Mr. Luce to make particular note that he would like to see construction of a pedestrian walkway (or bicycle path) from each driveway to the intersection of N. 66th Street and France Avenue and a ramp from the visitors' parking lot in front of the building to the driveway of the occu- pants of the building so that visitors' cars would not have to go out onto France Avenue in order to reach I?. 66th Street or Valley View Road. ORDINANCE NO. 811-A33 ADOPTED ON SECOND READING. Mr. Luce presented Ordinance No. 811-A33 for Second Reading. No objections being heard, Councilman Johnson offered Ordinance No. 811-A33 for Second Reading and moved its adoption: ORDINANCE NO, 811-A33 AN ORDINANCE AMENDING THE ZONING 0RI)INANCE (NO. 811) BY ADDING TO THE: C-2 COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 3 of Section 9 of Ordinance No. 811 of the Village is amended by adding the following thereto: "The extent of the Commercial District is enlarged by the addition of the following properties : . All that part of Lot 7, Block 1, Lund Kruse Addition lying East of a line described as follows: Commencing at the Northwest corner of the property shown and designated as Library Lane on the plat of Lund Kruse addition, thence North parallel to the East line of said Lot 7 to the North line thereof and there terminating, which is in Subdistrict C-2.'€ Sec. 2. This ordinance shall be in full force and effect upon its pass- y Councilman Van Valkenburg age and publication.. Motion for adoption of the ardiiiance w and on rollcall there were four ayes ATTEST : Mayor Vi 1 lag e-C 1 e rk STREET IMPROVEMENT NO. BA-196 AND STORM SEWER IMPROVEMENT NO. ST.S.-134 APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. and action taken as hereinafter recorded: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER Pursuant to due notice given, public hearings were conducted IN THE FOLLONING : (P-BA-196) Lee Valley Circle Nr. Hyde presented total estimated project cost at $19,202.76, proposed to be assessed against 1,327.47 feet at an estimated cost of $14.47 per assessable foot, noting that a petition requesting the improvement was received by t;he Village Council on Narch 19, 1973. Mr. Vernon A. Knutson, 7017 Lee Valley Circle, said that he was in favor of the improvement but questioned the method of assessment. He was advised by Mr. Dunn that on a per lot basis, 9 2/3 lots would be assessed at $1,986.49 per lot and that on a per foot basis the assess- ments would range from $1,257 to $2,542. Under the per lot basis, seven of the assessments would go down and four would be increased. Mr. Hyde advised that this is not the assessment hearing and that the method of assessment would be determined after the project is complete at the time the project is assessed. Councilman Johnson's motion authorizing the improvement was then seconded by Councilman Van Valkenburg and carried. (See Resolution Ordering Improvement later in Minutes.) 5/21/73 6. CONS'I'RUCTION OF STOJM SEVER DPROVEMENT IN THE FOLLOIJING: (P-ST. S .-134) Nonrde 'Avenue from Belmore Lane to easement line between 401 and 403 Monroe Avenue; thence East 87'; thence South 46' Mr. Hyde presented total estimated project cost at $4,350.49, proposed to be as- sessed against 33,986 assessable square feet at an estimated cost of $0.128 per assessable square foot, and advised that the improvement is being brought to hearing because of receipt of a petition signed by the owners of three properties. Note was also made of the receipt of a petition opposing the improvement, which petition was signed by owners of seven properties. Mr. Hyde brought out the fact that it is. anticipated that special benefits will be assessed against pro- perties that are presently experiencing particular problems that will be alleeated by construction of the project, with the high properties being assessed at a lower rate. Reference was made by Mrs. Johnson to a letter from a former resident of 403 and 405 Monroe Avenue, detailing history of the area and explaining the measures that they had taken to alleviate the water problem. Mr. Dunn explained to Mrs.. Lorraine Enger, 400 Jackson Ave., that the proposed stoim-sewer would take care of surface water but that he could not guarantee that sub-surface water would not come into basements thru floors or walls. Objections were also made by Mr. John Pecha, 406 Jackson Ave., and Mr. John Fronk, 405 Monroe Ave. ation in his yard worsened after the drain was installed. 403 Bionroe Avenue, spoke of the nged of the storm sewer but objected the the cost of the project. for the previously constructed storm sewer. It was brought out that residents will be assessed for another storm sewer at the time County Road 18 is completed. Mr- Hoffstrom said that he had already spent approximately $1,500 to alleviate the water problem in his property. son, Mr. Harvey E. Kath, 409 Monroe Ave., and Mr. Harland S. Flynn, 401 Monroe Avenue, Mayor Bredesen explained the storm sewer assessment policy which had been used over the years throughout the Village and that the policy could not be changed at this late date. Following considerable discussion, Councilman Johnson offered the following resolution and moved its adoption: The resident at 419 Nonroe Avenue said that the situ- Mr. Ray Hoffstrom, He said that property owners have already been assessed In reply to objections of Mrs. Donald John- RE SOLUTION ORDERIhU; IMPROVEMENTS STORM SETJER IMPROVEMENT NO. ST.S.-134 AND STREET IMPROVEMENT NO. BA-196 BE IT,RESOLVED by the Village Council of the Village of Edina, Minnesota, that to owners of each parcel within the area proposed to be assessed on the follow- ing proposed improvements: 1. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOTJING: Lee Valley Circle Efonroe.:Avenue from Belmore Lane to easement line between 401 and 403 Monroe Avenue; thence East 87'; thence South 46' this Council heretofore caused notice of hearing to be duly published and mailed 2. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOVING: and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con- struction of said improvements, including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 3 Above Street Improvement No. BA-196 No. 2 Above Storm Sewer Improvement No. ST.S. 134 afid the'-are'a ti'be sp'ecially asskssed for Street Improvemesit No. BAL196 shall include Lots 1, 2 and 3, Block 1 and Lots 1, 2 and 3, Block 3,- in Carolane Addition; Lots 1, 2, 3 and 4, Block 1, Carolane Addition Blixt Replat; and the area proposed to be specially' assessed for Storm Sewer Improvement No. ST.S.- 134 includes all lots and tracts of land within the following described boundaries: Beginning at the intersection of the North line of Block 13, @est 3Snneapolis Heights and thz centerline of the vacated alley in said Block 13; thence Southeasterly to a point 22 feet South of the North line and 40 feet Vest of the East line of Lot 3, Said Block 13; thence Southwesterly to a point 4 feet South of the North line of Lot 5, said Block 13 and 75 feet East of the center- line of said vacated alley; thence Southwesterly to a point on the centerline of said vacated alley, which point is 18 feet South of the North line of Lot 21, said Block 13, thence Northwesterly to a point 60 feet East of the West line and 19 feet South of the North line of Lot 22,.said Block 13; thence North to a point on the North line of Lot 23, said Block 13, which point is 60 feet East of the Northwest corner of said Lot 23; thence l?esterly along the North line of 5/21/73 i J said Lot 23 a distance of 30 feet; thence Northeasterly to a point on the North line of Lot 24, said Block 13, which point is 50 feet East of the Northwest corner of said Lot 24; thence Northerly to a point on the North line of Lot 25, said Bloclc 13, which point is 50 feet East of the North- west corner of said Lot 25; thence Northeasterly to a point 20 feet South of the North line of Lot 26, said Block 13 and 40 feet West of the cent- erline of said vacated alley; thence Northerly to a point on the North line of said Lot 26, which point is 40 feet West of the centerline of said vacated alley; thence Easterly to the point of beginning. Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were four ayes and no nays and the resolution was adopted. FOTOMAT BOARD OF APPEALS DECISION UPHELD BY COUNCIL: MAY REQUEST ZONING AMEND- MENT. ordered placed on file. Council of May 15, 1973, which concluded that, inasmuch as Fotomat's business transactdons are normally carried on with the customer sitting in his car, or having the car parked next to the Fotomat building, the Board of Appeals and Adjustments properly interpreted the ordinance in denying the request for a building'permit at Leisure Laqe in Yorktown. Mr. Erickson said that, in his opinion, the proper procedure would be for Fotomat to petition for an amendment to the Zoning Ordinance to specifically authorize this type of operation as a permitted principal use in the C-3 District. Fotomat, protested that they are a "drive thru" facility furnishing a service desired by the Community and urged that Council grant permission for construc- tion of the building. motion affirming the decision of the Board of Appeals and Adjustments was seconded by Councilman Johnson and carried. Nayor Bredesen suggested that Foto- mat consider the possibility of requesting an amendment to the Zoning Ordinance. Affidavits of Notice were presented by Clerk, appioved as to form and Village Attorney Erickson referred eo his letter to Mr. Jerry Mamout, representing Following considerable discussion, Councilman Shaw's LOT 3, BLOCK 1, CROCKER & CROPJELL'S FIRST ADDITION BID ACCEPTED. and Mrs. Robert Mellema, 4308 W. 42nd Street was received for $7,501.00 for purchase of the lot at 4208 Grimes Avenue (Zot-3,iBSock 1, Crocker & Crowell's First Addition). received in response to Advertisement for Bids in the Edina Sun on May 3, 1973, Councilman Van Valkenburg's motion authorizing sale of the lot to Mr. and Mrs. Mellema was seconded by Councilman Johnson and carried. VIKING HILLS HOMEOWNERS ' ASSOCIATION OBJECTION TO I(RAHL PROPERTY REZONING J3EARING NOTED. ing to Council's handling of the May 7, 1973, hearing on the propascd PED-3 rezoning of the Karl Krahl property was noted and informally ordered-placed on .file. Bid of Nr. Upon being advised by Mr. Dalen that this was the only bid A letter from the Viking Hills Homeowners' AssociatiQn object- 4435 PARKLAWN COURT STORM SEWER PETITION was referred to the Engineering Depart- ment by motion of Councilman Johnson, seconded by Councilman Shatg and carried. DOG COMPLAINT REFERRED TO ANIMAL CONTROL OFFICER. Mr. Hyde called Council's attention to the complaint of Mr. C. W6sley Anderson, 4303 Morningside Road, who objected to dogs running loose while he was walking his dog. advised that the Animai Control Officer will patrol the area more closely and get in touch with Mr. Anderson. Mr. Hyde FJELD UAYEN STREET NAMF, HEARING DATE SET. Councilman Johnson's motion setting hearing date fGr Fjeld Wayen street name change for June 4, 1973, was seconded by Councilman Shaw and carried. CHARLES J. DENHAN SUIT FILED. ME. Hyde advised Council of the suit of Mr. Charles J. Denham against the Village, notice of claim for which had been brought to Council's attention on May 7, 1973. to the insurance company and to the Village Attorney. MUD LAKE TASK FORCE RECOMMENDATION REPORT ACCEPTED. Hr. Ronald Hays, Chairman of the Mud Lake Task Force, presented ''Recommendations for the Use and Develop- ment of Mud Lakecc by the Mud Lake Task Force. offered the following resolution of commendation and moved its adoption: WHEREAS, the Mud Lake Task Force has diligently spent long hours on its study of thcdevelopment of Mud Lake; and WHEREAS, at the Edina Village Council Meeting of May 21, 1973, the results of its labors, "Recommendations for the Use and Development of Mud Lake", w.as pre- The matter has been referred Councilman Johnson thereupon .F3SOLUTION OF COMMENDATION 12.0) 5/21/73 I sented to the Counc 1 by Dr. Ronald M. Hays, Chairman o the Task Force; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council express its sincere appreciation to the members of the Mud Lalce Taslc Force for their dedicated and industrious efforts in the study and preparation.-of 'eRecommend- ations for the Use and Development of Nud LalceIr; and BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes of the Village of Edina and that suitable copies be transmitted to members of the Task Force, llesdames Barbara Casselman, Beatrice Palmer and Canny Uright and to Dr. K. Paul Carson and to Messrs. Dan'iel Buresh, Robert Ifunn, Clifford Johnson, Gordon Johnson, John MacLennan, Kenneth Rosland and David Runyan and to Task Force Chairman, Dr. Ronald 11. Hays. Motion for adoption of the resolution was seconded by Councilman Shaw and cat2i e d: NINE MILE CREEK CROSSINGS FEASIBILITY REPORT PRESENTED. Nr. Dunn presented a feasibility report on Nine Nile Creek Crossings to connect 1) Londonderry Road and Walnut Drive and 2) Londonderry Drive and the County Road 18/Dominic Drive (Fabri-Tek Interchange, requesting authority to conduct an Origin and Destination Survey of the area. seconded by Councilman Johnson and carried granting authority to the Village Engineer to proceed as requested. Councilman Van Vallcenburg's motion was then GUS YOUNG'S SOUTHDALE BOVL DANCE PERMIT GRANTED. Southdale Bowl, Inc., to hold dances at .its establishment every Thursday between May 24 and August 3O;having been approved by the Park Department and Police Department and recommended by the Village Manager, was approved by motion of Councilman Johnson, seconded by Councilman Shaw and carrie4with the understanding that no beer be served. The application of Gus Young's COUNTY ROAD 18 - VALLEY VIEW ROAD TASK FORCE APPOINTED. Mayor Bredesen, Councilman Johnson's motion was seconded by Councilman Shaw and carried confirming the following appointments to the County Road 18-Valley View Road Task Force: Mrs. Ann Overholt, Xessrs. Robert Borman, Darrell Boyd, Daniel Bryant, Earl Carson, Robert Dunn, Lee Heutmaker, George Hite, Samuel Hughes, Greg Luce, John Mortison, Jack Rice, Kenneth Rosland, Clement Springer and Egil Wefald. Nrs. Leo R. Dunn, 6921 Paiute Drive, protested that she had not been appointed to the Task Force, stating that her studies would be a con- siderable help to the Task Force, and applied publicly to be appointed. Krs. Uilliam J. Chiesa, 6928 Valley View Road, and an unidentified gentleman in the audience protested that people who were originally involved in opposing the County Road 18-Valley View Interchange had not been appointed to the Task Force. Mayor Bredesen said that Mr. Richard Reeves' application kas received after the appointments had been made and that he believes that Mrs. Dunn is too prejudiced to serve on the Task Force. son both pointed out that Council has tried to appoint a balanced committee and that the committee will possibly contact other residents who may have information relative to their decision. representative to the Task Force, said that he is neutral in his feelings on the interchange and that he resented llrs. Dunn's implication that his associ- ation with Dayton Development Corporation would influence his actions on the committee. Nayor Bredesen denied Mrs. Dunn's application for appointment to the Task Force. As recommended by Councilmen Van Valkenburg and John- >I$- Jack Rice, the Planning Commission COMMISSION AND BOARD APPOINTMENTS EWE. was seconded by Councilman Johnson and carried confirming the appointments of Mr. Donald B. Pavelc to the Park Board to replace Mr. William Ramsay, Mr. Bruce Berme1 to the Building Construction Codes:Connnission, llrs. William Scott and .Nr. Donald Johnson fnhb has been serving as amalternate member) to the Envir- onmental Quality Commission. Messrs. James H. Bentley, Ronald Hays, Clifford Johnson, Freder5kk Richards and Robert Sandella whose terms expired on Febru- ary 1, 1973, were reappointed to a two year term on the Environmental Quality Commission. Mr. Eugene Palmer, former alternate member of the Buiading Cons- truction Codes Commission was appointed a regular member of the Commission, which term o€ office will expire on February 1, 1974, in accordance with his term as an alternate member. Councilman Van Valkenburg's motion TRAFFIC SAFETY COI4MITTEE MINUTES OF MAY 16, 1973, APPROVED, by motion of Councilman Van Valkenburg, seconded by Councilman Johnson and carried. CORNELIA SCHOOL SAFETY PETITION DISCUSSED; W. 70TH STREET SIDEGIALK HEARING DATE TO BE SET. Nr. Dunn presented a yap indicating the addresses of signers of the petition from the Cornelia School P.T.A. which had requested sidewalks and other safety improvements in the area. He advised Council that of the 198 5/21/73 f 2. It signers of the petition, only 19 lived on the streets on which the sidewalks were.proposed to be installed. that funding for these safety needs should be thru sources other than assess- ment of property owners on-the streets affected. lived on W. 70th Street objected to the possibility of installation of side- walks on the South side of the street, inasmuch as'children living on the North side would have to cross the street to reach the- school. siderable discussion, Councilman Johnson's motion was seconded by Councilman Shaw and carried that the Engineering Department set the improvement for hearing. VOTER REGTSTRATZON TO BE HELD AT EDINA LIBRARY. Council that Mrs. Dunn, the Librarian, had agreed to register voters at the Library during hours when the Village Hall was not open, if such registration would be approved by the Council. Councilman Johnson's motion authorizing the Clerk to request permission of the Hennepin County Library Board to conduct registration at the Edina Library was then seconded by Councilman Shaw and carried. Mr. Dunn noted that the petition had indicated An unidentified lady who Following con- The Village Clerk advised t- 9)1 rt M #3 h ASSESSMENT HEARINGS SET FOR JULY 16 AND AUGUST 20, 1973, by motion of Council- man Van Valkenburg, seconded By Councilman Shaw and carried. HENNEPIN COUNTY LEAGUE MEETING NOTED. the Hennepin County League of Municipalities to be held on May 24 at 8:OO at the City of Mihnetonka to discuss the revision of by-laus, election of the Hennepin County Board and the election of the Hennepin County Nursing Board. Mayor Bredesen said that he would appoint one Councilman to take his place, if approved, at the meeting of Mayors to elect irepresenthttkes to the MelxophAitan Transit Commission, which meeting will be held at 7:OO p.m. at the Eingetbnka City Hall; Council was reminded of a meeting of D,M.J.M. STUDY APPROVED CONDITIONALLY. Councilman Johnson offered the follow- ing resolution approving the D.M.J.M. study and moved its adoption with the understanding that, at this juncture, Council is in no way endorsing any of the specific street improvements recommended by said report: RESOLUTION IWEREAS, the Village of Edina has invested $10,000.00 as its share of the - $50,000 Daniel, Mann, Johnson and Mendenhall 494/100 Corridor Transporbatmon Study commissioned by the 494/100 Study Task Force, an agency formed under the terms of a Joint Powers Agreement entered into by the Cities of Blooming- ton and Richfield, the Village of Edina, Hennepin County, the Metropolitan Council, the Metropolitan Transit Commission and the Minnesota Highway Depart- ment; and WHEREAS, the Daniel, Mann, Johnson and Mendenhall 494/100 Corridor Transporta- tion Study was accepted by the 494/100 Study Task Force and presented at a public meeting on April 4, 1972; and tJHEREAS, subsequent to the April 4, 1972, presentation, the 494/100 Study Task Force was expanded to include elected officials of the participating municipalities and Hennepin County and additional members from the other participating agencies for the purpose of evaluating the study with the objective of preparing it for submittal go the participating agencies for formal approval and impelmentation; and WHEREAS, the traffic in the 494/100 corridor that prompted the Daniel, Mann, Johnson and Mendenhall Study is daily increasing in intensity and congestion leading to the near future possibility of a complete breakdown in the cap- ability of existing facilities to handle traffic in and through the area; and T.JHEREAS, the Daniel, Mann, Johnson and Mendenhall Study recommended a three phase approach to alleviate present and future traffic congestion in the 494/ 100 Corridor, namely: 1) Controlled Land Use; 2) Improved Public Transit; and 3) Street and Highway Improvements; NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina approves and adopts the general concepts of the Daniel, Mann, Johnson and Mendenhall 494/100 Corridor Study, namely: ' 1. Controlled Land Use 2. Impp-ved Eublic Transit 3. Major County Road and State Highway Improvements generally, but excluding any special recommendations on local streets; and BE IT FURTHER RESOLVED that the 494/100 Corridor Study Expanded Task Force pro- ceed with all possible expediency to complete its evaluation and analysis of the Daniel, Mann, Johnson and Nendenhall 494/100 Corridor Transportation Study so the study or an amended version thereof can without further undue delay be recommended to the participating agencies for consideration, formal approval and implementation. 122 / 5/21/73 Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. An unidentified gentleman in the audience was told that, in taking this action, Council is merely accepting the concept of the D.3l.J.M. Report. was advised that Council has not accepted the concept of arterial roads. CONCORD VELL REPAIR AUTHORIZED. Councilman Shaw and carried, authorizing informal bidof Keys Well Drilling Company of $3,769.50, the lowest responsible unit price bidder. Mrs. Caryl Dunn Councilman Johnson's motion was seconded by LIQUOR REPORT OF WRCH 31, 1973, was approved as presented by Mr. Dalen by motion of Councilman Johnson, seconded by Councilman Shaw and carried. REVENUE SEWRIHG CONTINUED TO JUNE 4, 1973. IW. Hyde advised Council that suggestions for use of Revenue Sharing Funds will be incorporated and presented to Council at the meeting of June 4, 1973. should be used for long range capital improvements. Mayor 'Bredesen said that the funds - CLADlS PAID. burg and carried for payment of the following Claims: Construction Fund, $23,210.97; Parks, $36,846.30; Iqater; $12,860.36; Liquor ~ Fund, $87,291.53; Sewer Fund, $33,672.59;, Improvements, $110,728.96; Total, $374.355.22. Notion of Councilman Shaw was seconded by Councilman Van Valken- General Fund, $69,744.51; No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Van Valkenburg and carried. Adjournment at 10:25 p.m. ,..- I