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HomeMy WebLinkAbout19730820_regular188 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VI'LLAGE HALL ON AUGUST 20, 1973 Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. .JQXU'&S of July 16, 1973, were approved as submitted. Minutes of August 6, 1973, were approved to reflect that Councilman Shaw had seconded the motion pertaining to the retaining wall on Lot 2, Block 2, Braemar-Hills Fifth Addi- tion. PUBLIC HEARINGS CONDUCTED ON PROPOSED ASSESSMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter I set forth: A. ALUY IMPROVEMENT NO. E-27 in the following: North-South Alley between Zenith Avenue and Abbott Avenue and between I?. Mr. Hyde presented analysis of assessment 'showing total construction cost of $7,315-20, proposed to be assessed.against 24 assessable lots at $304.80 per lot against estimated assessment of $430.92 per assessable lot. No objections were heard and nane had been received prior thereto. (See Resolution Ordering Assessment later inJEnutes.) unidentified gentleman in the audience asked.why all properties should be ass- essed for the same amount when some properties did not have garages on the alley, Mr..Hyde explained that the alley is accessible to all residents who m5ght want to construct garages on the alley at some future time and that this is the policy under which all alleys are assessed. B. Mr. Hyde presented analysis showing total construction cost of $16,207.59, pro- posed to be assessed against 2,023.42 assessable feet atv$8.01 per assessable foot against estimated assessment of $7.90 per foot. and none had been assessed prior thereto. later in Minutes.) i C. STRJIET INPROVEMENT NO.' BA-177 in the following: West 62nd Street from Tracy Avenue West 1400 feet to Olinger Blvd. extended; thence Northwesterly along Olinger Blvd. extended to the South line of Edina Grove Addition . 58th Street and W. 59th Street Following hearings on other assessments, an STREET IMPROVEMENT NO. BA-174 in the following: Londonderry Road in Walnut Ridge Third Addition No objections *ere,,heard -. (See Resolution Ordering Assessment Mr, Hyde presented analysis of assessment showing total construction cost at $38,938.41 proposed to be assessed against 2,377.30 feet (single family and park property) at $11.33 per assessable foot and against 706.51 feet (multiple residence property) at $16.99 per assessable foot. single family and park property had been given at $12.00 per assessable foot and at $18.00 per assessable foot for multiple residence property. were heard and none had been received prior thereto. Assessment later in Minutes.) D. STREET IMPROVEMENT NO. BA-189 in the following: Indian Pond Circle from Indian Hills Pass Southerly to cul-de-sac Mr. Hyde presented analysbis of assessment showing total construction cost at $3,479.37, proposed to be assessed against 3 assessable lots at $1,159.79 per assessable lot, against estimated assessment of $1,850.33 per assessable lot. No objections were heard and none had been received prior thereto. tion Ordering Assessment later in Minutes.) E. Estimated assessment for No objections (See Resolution Ordering (See Resolu- v I?ATEREWN IMPROVEMENT NO. 279 in the following: Viewcon Apartment Site - Outlot C, TJalnut Ridge 3rd Addition from Vernon Avenue to a point on the Vest line of Outlot C which is approximately 468'2 South of the Northwest corner of Outlot C Hr. Hyde presented analysis of assessment showing total construction cost of $21,166.71, proposed to be assessed against one lot at $21,166.71 against esti- mated assessment of $28,452.44 per assessable lot. none had been received prior thereto. in Minutes.) F, > No objections were heard and (See Resolution Ordering Assessment later WATERMAIN'IMPROVEIENT NO. 283 in the following: Brookside Terrace from Motor Street to 665 feet South; thence West to Brook- side Avenue Mr. Hyde presented total construction cost at $17,337.88, proposed to 'be assessed against 7 assessable lots at $2,476.84 against 'estimated assessment of $1,917.16 per assessable lot. .owner at 4425 Brookside Terrace, was told by Mr. Hyde and Mr. Dunn that the reason the proposed assessment is higher than the estimated assessment is that the'orig- inal estimate was for both sewer and water and that, since the sewer had not been Mrs. Hary Ann Kaufman, speaking in behalf of the property .. 8120173 constructed because of the high price, the charge for the street repair was all included in the watermain. Mr. Dunn explained that it is his hope that a new sanitary sewer proposal will be ready soon in which the sewer lines would be run along the creek, rather than in the street. He added that the Village is attempting to get the necessary funds and a contract which will bring the cost of the sanitary sewer to $2,500 or $3,000 per lot. man also complained about-the cost of the.grave1 for the improvement. further comments were heard. (See Resolution Ordering Assessment later in Minutes. G. SANITARY SEWE'E. IMPROVEMENT NO. 310 in the following: Blake Road from.South line of Brownswood Addition to 250 feet North Mr. Hyde presented analysis of assessment showing total construction cost at $5,243.62, proposed to be assessed against .two assessable connections at $2,871.81 as against estimated assessment of $2,926.21 per assessable connect- ion. years as requested by the owner of Lot 2, Block 1, Evanswood 2nd Addition. No objections he2e heard-'anal anone?' had been received prior thereto,. Ordering Assessment later in Minutes.) H. STREET IMPROVEMENT NO. C-114 in the following: Tara Road. from Kemrich Drive North to .cul-de-sac Mr, Hyde presented analysis of assessment showing total construction cost at $22,923.64 proposed to be assessed against nine assessable lots at $2,547.07 per assessable lot against estimated assessment of $2,662.91 per assessable lot. Resolution Ordering Ikss-essment later in Minutes.) It was noted that four lots Chargeable to Parcel 240 of Section 8, Township 116, Rahge 21 be defeared until. the property is developed. I. WATERMAIN IMPROVEMENT NO. 282 in the following: Mr.6Hyde presented total construction cost at $5,081.40,,proposed to be assessed against four assessable lots at $1,270.35 pe2 assessable lot as against esti-- mated assessment of $1,230.23 per lot. No objections were heard and none had been received prior thereto.. Minutes. ) J. SANITARY SEWER IMPROVIQIENT NO. 308 in the following: Tara Road from Kemrich Drive North to cul-de-sac Mr. Hyde presented analysis of assessment showing total construction cost at $8,428.68 proposed to be assessed against four assessable lots at $2,107.17 against estimated assessment of $1,361.15, explalning'that the use df d3ctile iron pipes'caused the-ihcrease'betwken the estimated assessment and the proposed-assess- ment; No objections were heard. (See.Resolution Ordering Assessmenr later.) K. I4r. Hyde presented analysis of assessment at $126,178.61, proposed to be assessed against thirteen parcels as follows: Parcels 2100, 8000, 9200, total assessment $29,293.85; Parcels 2800, 4800 6400, 6800, total assessment $44,450.71; Parcel 5450, $15,265.24; Parcel 3200, $11,681.45; Parcel 3600, $10,961.42; Parcel 6000, $5,349.16; Parcel 7400, $3,376.52; Parcel 8800, $5,800.26. Mr. Hyde explained that these assessments reflect a footage assessment of $10.15 per foot abutting the property and an assessment of $27.8- per cubic yard for the material that was stockpiled on the.site of a particular property. Mr. Nm. Sletten, 3112 I?. 76th Street asked why the properties at 7600 and 7520 Xerxes Avenue had been elimin- ated from the assessment district. that those single family dwellings were beneafed development. Mr. Dunn assured Mr, Sletten that he would make an attempt to stabilize his driveway. thereupon offered the following resolution and moved its adoption: 5 Mrs. Kauf- No Mr. Hyde advised that this assessment is proposed to be spread over twenty (See Resolution No objections were heard and none had been received prior thereto, (See Tara Road from Kemrich. Drive North to cul-de-sac (See Resolution Ordering Assessment later in STREET IMPROVWNT NO, C-102 in the following: W. 76th Street from France Avenue South to Xerxes Avenue South Mr. Dunn replied that he did not believe by the proposed commercial No further comments being heard, Councilman Courtney RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF ALLEY IMPROVEMENT NO. E-27 SIREET IMPROVEXENTS.NOS. BA-174, BA-177, BA-$89, (2-102 AND C-114 WATERMAIN IMPROVEMENTS NOS. WM-279, WM-282 AND WM-283 SANITARY SEWER IMPROVEMENTS NOS. SS-308 AND 98-310 BE IT RESOLVED by the Village Council of _the Village of Edina, Minnesota, as follows : posed assessment rolls for the improvements hereinafter-referred to,*and at such hearings held on August 20; 1973, has considered all oral and written objections presented against the levy of such assessments. the office of the Village Clerk for the following 5mpmsarneW-s: ment No. E. 27, Street Improvements Nos. BA-174, BA-177, BA-189, C-102 and C-114, 1. The Village has given notice of hearings as required by law on the pro- 2. Each of the assessments as set forth in the assessment rolls on file in Alley Improve- I 8/20/73 I $?atemain Improvements Nos. I@€-279, ml-282, JIM-283, Sanitary Sewer Improvements Nos, SS-308 and SS-310 do not exceed the local benefits conferred by said improvements gpon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts' of land described therein. The assessments shall be payable in equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the present assessment from the date hereof to December 31, 1974, to be payable . with the general taxes for the year 1973. The number of such annual install- ments shall be as follows: -3. Alley Improvement No. E-27 10 years . Street Improvement No. BA-174 10 years Street Improvement 30. BA-177 10 years . Street Improvement No. BA-180 10 years Street.Improvement No. C-102 10 years Street Improvement No. C-114 I 10 years Watermain Improvement No. iIM-279 10 years Watermain Improvement No. I?M-282 ~ 10 years Watermain Improvement No. VM-283 10 years Sanitary Sewer Improvement No. SS-308 10 years Sanitary .Sewer Improvement No. SS-310 20 years 4, The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid insmllment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. payable by a county, by a political subdivision or by the owner of any right' of way, as requtzed by Minnesota Statutes, Section,4429.061, Subdivision 4, and if any such assessment is not paid in asingle installment, the Village Treas- urer shall arrange for collection thereof in installments, as set forth in said section. Motion 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. . ORDINANCE NO. 811-A41 GRANTED SECOND READING: PUBLICATION WITHHELD. Nr. Luce recalled that approval of the Final Development Plan .for "Condominiums for Edina" had been continued from August 6,. 1973. He recommended approval of the final-development plans for thbsztownhjnse development located immediately adjacent to Braemar in the Southwest comer of the Village subject to the. completion of the following contingencies : 5. The Clerk shall also mail notice of any special assessments which may be I 1. 2. 3. Approval of the subdivision by the Council; Transfer: of deeds for parkland dedication; Revocation of existing grading permit on the site. No objections being heard, Councilman Johnson.offered Ordinance No. 811-A41 for Second Reading and moved its adoption with the understanding that publication of the ordinance be withheld as follows: ORDINANCE NO. 811-A41 AN ORDINANCE &ENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-2) THE VILLAGE COUNCIL OF EDINA, >lINNESOTA, ORDAINS: Section I. "The extent of the Planned Residential District (Sub-District PRD-2) is That part of the Southwest Quarter of the Southwest Quarter of Section 8; Township 116, Range 21, Hennepin County, Minnesota, lying Easterly of a line described as follows: Commencing at the Northwest comer of the Southwest Quaeter of the Southwest Quakter of said Section 8; thence North 89O 49' 41" East, assumed ,bearing along the North line of said Southwest Quarter of the Southwest Quarter a distance of 274.01 feet to a point on' the Northwest right of way of Gleason Road; said point being the point of beginning of the line to be-described; thence South 54O 12' 43" West a distance of 80.79 feet;. thence Southerly 564.96 feet along a tangent curve, concave to the East, having radius of 299-.97 feet and a central angle of 72O 05' 24"; thence South 53O 41' 53*' East tangent to the last desoribed line a distance of 354.01 feet; thence South Oo 53' 30" East a distance of 18.00 feet; thence South 36O 03' 01" West a distance of 317.80 feet; thence South 74O 34' 36Is West a distance of 27.89 feet; thence North 540 14' 46" Paragraph- 4 of Section 5, of Ordinance No. 811 of the Village is hereby enlarged by adding the following thereto: enlarged by the addition of the following property: .. ... West a distance of 102.20 feet; thence South 64' 14' 41'' West a dis- tance of 135'.56 feet; thence South 7' 25' 26" East a distance of 131.86 feet; thence South 34O 34' 54Be East a distance of 194.70 feet to a point on the South link of said Section 8, and said line there terminating; EXCEPT the East 132.00 feet of the South Half of the Southwest Quarter of the Southwest Quarter of said Section 8, Township 116, Range 21, Hennepin County, Minnesota; ALSO EXCEPTING the West 238.00 feet of the East 370.0 feet of the South 270.0 feet of the Southwest Quarter of the Southwest Quarter of said .Section 8, Township 116, Range 21, Hennepin County, Minnesota; Subject to an easement for road purposes over that part of the South- West Quarter of the Southwest Quarter of Section 8, Township 116 North, Range 21 West, which lies Southeasterly of a line drawn parallel to and distant 40 feet Northwesterly from the center line of Trunk Highway No. 52, said cente; line being described as follows: Beginning at a point on the East boundary of the Southwest Quarter of the Southwest Quarter, distant 14.5 feet North of the Southeast corner thereof; thence run in a westerly directioq at an angle of 88' 27' with said East boundary for a distance of 395.9 feet; thence deflect to the left on a 60 00' curve:, with a radius of 955.4 feet, for a distance of 325 feet, and there terminating. Excepting therefrom all that part of the above described tract which lies within the right of way of existing highway now located in said subdivision, which is in Sub-District PRD-2. Sec, 2. This ordinance shall be in full force and effect uppn its passage and publication. Motion for adoption of the ordinance was seconded"by Councilman Courtney and on rollcall there were four ayes and no nays and the ordinance was adopted, with mentioned contingencies. I ORDINANCE NO. 811-A42 GRAhrTED FIRST READING. by Clerk, approved as to form,and ordered placed on file. the proposal of Condor Corporation.for PRD-3 zoning for property located on the Southwest corner of ;Cahill Road and Dewey Hill .Road, development of which is proposed to be at twelve units per acre in conformance with the Southwest Edina' Plan 'and as recommended by the Planning Commission.. .With the aid of the view- graph, Mr. Luce stiowed a graphic bf the Southwest Edina PlAn. reasonable open space area is planned which will provide an adequate buffer from the single family home area and added that if approval is granted, it is proposed to vacate about 1,000 feet of Dewey Hill Road with traffic to be rerouted along Delayey Blvd. which will run along the TJesterljr portion of the property. It is believed that this road pattern will eliminate industrial traffic using Dewey Hill Road. audience.reviewed a model of the proposed development with Condor officials. James Smuda of Condor Corporation recalled-that several design changes had been made to accommodate the desires of the Planning Commission in terms of the topo- graphy and road changes proposed to lessen traffic problems in the area. man Johnson said that he would like to see Delaney Blvd. completed all the way to W. 78th Street so that there would be access to the South as soon as the develop- ment is complete. traffic flow- has been considered and was told by Mr. Luce that it was hoped that the design of the project 'would reduce traffic in the area because of the closing of DGwey Hill Road. He explained that one of the project's driveways comes off Cahill Road and the other off Delaney Blvd. so that the people living on the Western side of the project would be most apt to go down Delaney Blvd. to W: 78th Street to the 494 Ifizerchange. that cars would take residential streets because they do not want to get into too much traffic. traffic and asking where they are going, Mr. Luce said that 90% of speeders stopped in a radar check on Dewey Hill Road near Shannon Drive lived within one quarter mile frGm either side of Shannon Drive. In response to the contention of Mr. McDonald that developers, but not res-idents in the area, know about the Southwest Edina Plan, Mr. Luce recalled that,over a period of about 2% years, Mr. Hoisington had held meetings with the Southwest Edina Citizen Committee before the plan ever went on the Planning Commission agenda, adding that it had been on the Planning Commission agenda almosts every month for a year and a half. Affidavits of Notice were presented Mr. Luce presented He said th'at a The project would consist of 72 condominium units. Members of the Mr. Council- Mr. Noel C. McDonald, 7128 Valley View Road, asked if the An unidentified gentleman in the audience said In response to the suggestion that a study be made by:stopping 1.92 i 8120173 . He added that the Council had hearings on at least four minor revisions in addition to the actual hearing. It was pointed out that notices had been sent out for all of these meetings and that, among others, Mr. Frank Dean who lives on Dewey Hill Roaa and who is now on the Planning Commission, took a vital part in tlie discussion of the plan. Mrs. Ann Overholt, 7'Overholt Pass, said that in the last two years since the plan was adopted, new residents have moved in whose priorities are different from those who participated in the original discussions of the Plan. open space. Mrs. Overholt was reminded by .Councilman Courtney that the South- west Edina Plan was in effect when those peopl_e moved'into their houses. Charles Parten, 7149 Valley View Roadsread a statement prepared by Mr. Michael Buck of "Reactio$Inc." (Reasonable Edinans Against Corridor Traffic in our Neighborhoods) requesting a moratorium on all multiple dwellings, building and zoning changes-in the area bounded by T.H. 100, County Road 18, the Cross- town Highway and the South Village Limits until the road status is decided in this area. The letter indicated that there is no need for an interchange at Valley View Road and County Road 18 or at Gleason Road at Interchange 494 and that the residential character of this area should not be changed by rezoning or indiscriminate building. Mr. Parten's letter suggested that the Open Space Committee consider the acquisition of the farm South of Dewey Hill Road for open space which would: She suggested that the Village purchase additional Mr. 1. Presewe this unique area of Southwest Edina in a low density country atmosphere and eliminate the need for an arterial road system; and Keep spiraling taxes down since there is little upkeep on open space , The letter concluded that it is ironic that in this time when emphasis should be on the conservation of resources, that the Village of Edina sacrifices its small amount of "remaining open land to the profit motive of land speculators". Mr. Parten said that Reaction, Inc., had been formed to show the-Council that they want their area of Southwest Edina to remain as it is and that this group is superseding the group which was formed to stop the overpass at County Road 18 and Valley View Road, west Edina Homeowners Association. that his area had no representation on the Council, Councilman Courtney explained that the Council represents the bntire-ViUageGand takes action which it feels will benefit the Village as*a whole. He added that the Village cannot buy open space foxstlie benefit of a single area from the funds that are obtained from the enkire area. Edina Plan was worked out as a:compromise, with the median density dwellings serving as a buffer'between the industrial area on the East and the single family area on the West. and open space program had been laid out for the Village and that Bxaemar, Mud Lake and Nine Mile Creek preservation came along long before the environ- mentalists' and ecologists had seen any need for such action. that the Village ppen spaces ranked high in all criteria and that no additional active recreation areas are needed. does not believe that the proposed development will blight the landscape. Hyde recalled also that the decision had been made in 1960 to buffer the cam- . mercial area and that the Village cannot afford to buy additional land as a buf- fer in this area. Councilman Johnson recalled that the Southwest Edina Plan had been approved after many arduous public hearings with considerable neigh- borhood input from Shomeowners' associations and thac he does not believe that this time. Discussion ensued with Mrs. Alison Fuhr, 6609 Brittany Road, as to the value of the remaining vacant land in the'villqje, with Mr. Hyde estimat- ing the value of undeveloped'land at $20,000,000. Mrs. Fuhr suggested delaying the development now under consideration until state legislation becomes avail- able under which open space could be more easily acquired. She said that leg-. -islation was adopted by the 1973 Legislature which would provide the tools for Council towse td preserve land. Mrs. Fuhr suggested construction of tom- houses (at six to eight units per acre) for the site. She was told that 152,000 square feet (15%) of the development would be in ponds with a total open space of 642,000 square feet (79% of the land). bauer explained that the reason that plans such as'the Southwest Edina Plan are adopted is so that people can rely on them. He advised that he did not believe that the Village eould arbitrarily grant a general moratorium on rezoning within the boundari-es requested. Mr. Schwartzbauer clarified that statements made by Mrs. Fuhr referred to the'Minnesota Environmental Policy Act which does not apply to matters of local concern to a community such as Edina, rather to matters of "regional impact". 2. Mr. Parten said that he was unaware of the South- In response to Mr. Parten's contention Councilman Shaw recalled that the Southwest Mr. Hyde recalled that in the late 1950's, a park Mr. Hyde added He said that with 11% land coverage, he Mr. -there has been any substantial change of circumstankes to change the plan at Village Attorriey Schwartz- Councilman Johnson expressed his disappointment 8120173 ' that the Metropitan Council Open Space-Committee did not designate any property in Edina as having regional significance and said that there is no action the Village can take under the State law to preserve this. added that the legislation required knvironmental impact statements with reppect to any public or private activities which have more than local signi- ficance and which have a major impact on the environment. able discussion, Councilman Johnson offered the following Ordinance for First Reading in view of the fact that the Southwest Edina Plan was established afLer numerous-and arduous sessions and in view of the fact that the proposal is in accordance with the Plan and- in view of. the fact that Council has approved similar developments to the North and to the South of the property under consideration and further, with the understanding, that consideration be given to the contour and development of Delaney Blvd. from this project South to West 78th Street. Motion was seconded 'by Councilman Courtney who added that he,is in sympathy with residents in the area but that single dwellings would increase taxes to a point where many would be unable to live' in the Village: Attorney Schwartzbauer Following consider- ORDINANCE NO. 811-A42 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED *~ESIDENTIAL DISTRICT (PRD-~) THE VILLAGE COUNCIL OF EDINA, MINNESOTA,' ORDAINS: amended by adding the following thereto: enlarged by the addition of the following properties: Section 1. "The extent -of the Plarined Residential District (Sub-District PRD-3) is The North thirty (30) acres of the Northwest Quarter of the Southeast Quarter of Section Eight (8), Township One Hundred Sixteen (116), Range Twenty One (21); according to the government survey thereof; except the Easterly four hundred forty (4g) feee of the Southerly five hundred fifty feet (550) thereof; which is in sub-district ERD73"; Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Un.Pollcal1 there were four ayes and no nays and the project was granted First Reading and concept approval. Paragraph 4 of Section 5*of Ordinance No. 811 of the Village is ORDINANCE NO. 811-A43 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Mrs. Thomas F. McCauley for R-2 zoning for property located at. the Northwest corner of Margaret's Lane and Indian Hills Road, as recommended by the Planning Commission. No objections were heard, whereupon Councilman Shaw offered Ordinance No. 811-A43 for First Reqding as follows: Affidavits of Notice were pre- I ORDINANCE NO. 811-A43 AN 'ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. is amended by adding the following thereto: "The extent of the Multiple Residence District is enlarged by the addition of the following properties: Lots 1 and 2, 'Block 4, McCauley Heights Third Addition, which is in Sub- District R-2". Sec. 2. and publication. Paragraph 1 of Section 4 of Ordinance No. 811 of the Village This ordinance shall be in full force and effect upon its passage REMBRANDT ENTERPRIZES, INC., R-5 ZONING DENIED. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Council that ehe proposal for the change from R-4 Multiple Residential District to R-5 Multiple- Residential District zoning for this property located on Heritage Drive West of Xerxes,Avenue had been deniedby the Planning,Commission, based on the fact that the proposal is for an apartment home for the elderly and not a nursing home or nursing care facility as defined by the State of Minnesota and that, therefore, the proposed density of 65 units per acre is too great. Mr. Luce added that th'e Eloor area ratio would be 1.35 which would be one,of the most dense uses in the Village. for commercial enterprises and office buildings was .5 and 1.0 for Planned Residential District zoning. Mr. Gene Stephens of Rembrandt Enterprises, Inc. said that this zoning was denied because his company would be unable to guarantee the type of develppment in future fears. to the Council had asked what; Archie Givens, Sr., had done to guarantee that'his retirement home at 72nd and York Ave, would not be turned into an apartment house. He was tqld that the Givens property was specifically zoned for 236 Housing which restrictsathe occupancy. Mr. Stephens said that residents of the facility would be served two meals per day and have emergency care available to Mr. Luce advised He clarified that the maximum floor area ratio His letter of August 6, 1973, 1-84. 1 8/20/73 them if necessary and that the facility would fill a need in the community. He added that the proposed building would be 69 units per acres as is Rembrandt of Edina and that Heritage Manor has a density of 70 units per acre. that it is proposed to have underground parking and that they would not be able to increase-rents to justify the increased cost of a lower density. Stating that he dbes not believe that R-5 zoning can be justified with R-4 zoning on each side of the property, Councilman Johnson's motion that the request for R-5 zoning be denied was seconded by Councilman Courtney and carried unanimously. He said ORDINANCE NO, 811-A44 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Mr. William 0. Bale for R-2 Multiple Residential Zoning for property generally located at the Southeast corner of North Avenue and W. 44th Street.. Mr. Luce advised that the owner 05 the single family residence across the street had not offered any objections. No other object- ions 3eing heard, Councilman Johnson offered the following ordinan;: e for First Reading : Affidavits of Notice were pre- ORDINANCE NO. 811-A44 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT TRE VILLAGE COUNCIL OF EDINA, MINNESOTA is amended by adding the following thereto: ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition 'of the following properties: Paragraph 1 of SectionBf Ordinance No. 811 of the Village Lots 1 and 2, Block 3, Arden'Pgrk' Tjlird Addition,.which is' in Sub-Dis t rict R-2". Y Sec. 2. This ordinance shall be in full force and effect upon its pass- agd and publication. LOTS 1 AND 2, BLOCK 3, ARDEN PARK THIRD ADDITION DIVISION APPROVED, Affida- vits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the request for division of Lots 1 and 2, Block 3, Arden Park Third Addition as recommended by the Planning Commission. No objections being heard, Councilman'Johnson offered Ehe following Pesolution and moved 'its adoption: IJHEREAS, the following described tracts of land are now separate parcels : 1. RESOLUTION Lot 1, except the East 65 feet thereof, and Lot 2, Block 3, Arden Park Third Addition; and TJHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called ttparceistt) : Lot 1, except the East 65 fee't thereof, and the East 55 feet of Lot 2, Block 3, Arden Park Third Addition; and Lot 2, Block 3, Arden Park Third Addition, except the East 55 feet thereof; and IJHEREAS, 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 Vith the pur- poses of the Subdivision and Zoning Regulations as contained in the Vi'llage of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and'ownership of said Pdrcels as separate tracts of land is'hereby approved and the requirements and provisions of Ordinance No, 801 and Ordinance No. 811 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 resohtion was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and'the resolution was adopted.. VIKING HIUS 5TH ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Viking HilIs 5th Addition generally located South of Vernon Avenue, North of the Crosstown Highway and '(Jest of Arctic Way for pre- liminary approval. had been denied by Council for this property and that Mr. Karl-Krahl is now Mr. Luce recalled that Planned Residential District zoning t 8120173 proposing a single family p-at with lots varying ,n size between 11,500 and 20,000 square feet. The 7% gradd of the hill will permit cars to get to the top without lowering the hill and still retain the trees. Mr. Luce said that Nr. Krahl had indicated that he would control the sale of individual lots by deed restrictions which would retain the right of review of the homestead for' a particular site. proposal would have preserved the amenities of the hill to a greater degree but that this proposal is the greatest possible effort that the developer could make for single family development. it will probably be necessary to remove only ten thousand yards of excess material from the site but that the Village would have the opportunity to approve the grades df 'each lot. that the proposed plan would destroy almost the entire hill. Krahl be given a chance to present another plan for multiple dwellings with a' lower density sd chat the beauty and ecology'of the hill would not be destroyed. Councilman Courtney said that the Village cannot turn down the plat since the property is zoned R-1. He suggested that perhaps the neighbors could get together and see if another mutually satisfactory solution could be found. Hyde said that Mr. Krahl had told him that the people who want to purchase the property for multiple dwellings insist that they need at least ten to twelve units per acre to come out financially because of the value of the land. Mr. Hyde recalled that neighbors objected to the original proposal on the grounds of increased traffic and said that the twenty lots (three units per acre) now proposed would not sefioasl$>&ffect*traffic in the area. maximum grade of the hill will be 950 feet in the center and that lots on the North side of the hill will not be effected by the cut. questioned the ownership of the property and said that taxes are in arrears. She said that the proposed plat would desecrate the hill and joined Mrs. Ann Werholt in urging that the houses be built in a challenging development at the bottom of the hill only. held in public trust as undeveloped open space and suggested that the Village buy the hill. Councilman Johnson said that everyone shares the concern about preserving the amenities of the hill. He added that he believes the proposed plat is reasonable, that Mr. Krahl has a right to develop his property and that it cannot legally be denied by Council. resolution and moved its adoption: Mr. Luce said that the previous Planned Residential District He said that Mr. Krahl thinks that Dr. Michael Danyluk, 6106 Arctic Way, said He urged th8t Mr. Mr. He said that the Mrs. Alison Fuhr Mrs. Fuhr said 'that areas such as this should be He then offered the following &SOLUTION GRANTING PRELIMINARY APPROVAL TO VIKING HILLS 5TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled 9.liking Hills 5th Additionka, platted by Kas1 H. Krahl and presented at the Edina Village Council meeting of August 20, 1973, be and is hereby granted preliminary approval, subject to a 5% parkland dedica- tion and with the understanding that the Village approve the cut and fill of all lots. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays (with Councilman Shaw voting "aye" regretfully) and the resolution was adopted. TWIN CITY FEDERAL APPEAL REFERRED BACK TO BOARD OF APPEALS AND ADJUSTMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file.. Mr. Luce presented the appeal of Twin City Federal Savings & Loan Assn, from the Board of Appeals and Adjustments decision denying Twin City Federal a permit to add 3,500 square feet in a partial second story to their building at 3330 W. 66th Street without an increase in parking facilities. Mr. Luce advised that variances would be needed for nineteen parking spaces, a ten foot rear yard setback, an 8% foot interior,yard setback and a 6 foot side street parking setback. the variances based on the following reasons: 1. 2. If a hardship does exist, it is self-imposed; 3. 4. 5. - The Board of appeals and Adjustments had denied The variance request is to build a building only and does not relate to any hardship caused by the topography or other conditions of the land; There are no extraordinary circumstances in regard to this property and the zoning c-odes are being applied equally to all property in the vicinity; No property rights are being infringed upon other than the police power, which is-applied equally to all; The allowance of this variance would lie encouragement to others to seek variances and would I be a.step beyond merely setting a precedent. (Councilman Shaw abstained from taking any part in the discussion,based on the fadr that he is employed by another financial institution.) that the variances are based on Twin City Federal's need Go provide some additional office space and that it desires not to,take the office space from It was pointed out 196 1 8120173 the large basement community room which is maintained as a public service. Councilman Van Valkenburg said that, while he is still concerned about setting a precedent, he ts not sure that the addition of the balcony would bring many more cars. He referred to a letter which was sent to the Council which he had not seen before the Board of Appeals and Adjustments Meeting. As recommended by Mayor Pro Tem Van Valkenburg, Councilman Johnson moved that the Board of ',/. Appeals and Adjustments reexamine the new evidence brought out in the letter from Twin City Federal to see if this new evidefice merits reconsideration of the question. Motion was seconded by Councilman Courtney and carried. STREET IMPROVEMENT C--113 AND STORM SEVER IMPROVElrlENT ST.S.-135 AWARD OF BIDS CONTINUED TO NEXT MEETING. As recommended'by Mr. Hyde, Councilman Courtney's for, Street Improvement C-113 and Storm Sewer Improvement ST.S.-135 until -motion was seconded by Councilman Shaw and carried continuing award of bids * September 10, 1973. SIDEX?ALK IMPROVEMENT S-9 BID AI?ARDED, Mr. Hyde presented tabulation of five bids received in response to advertisement for bids-for sidewalk on the North side of $1. 70th Street from T.H. 100 to Cornelia Drive and on the South side of West 70th Street from TJest Shore Drive to France Avenue. showed Arnold Beckman, Inc., low bidder at $49,770.80; Victor Carlson & Sons, Inc,, at $55,301-52; 'Progressive Contractors, Inc., at $58,195.65; Krueger Construction at $64,530.98 and Mario Frasson Cement Co. at $72,058.05 against Engineer's estimate of $59,873.75. Councilman Cmtneg and carried awarding contract to recommended low bidder, Arnold Beckman, Inc. Mr. Hyde added that Northern States Power Company has indicated that they will be able to remove the power lines from the North side of W, 70th Street where the sidewalk will go sometime next spring or early summer. Tabulation Councilman Shaw's motion was seconded by VILLAGE HALL REMODELING BID AWARDED (PHASE I). of five bids received for Phase I of Village Hall Femodeling. Mr. Hyde presented tabulation Tabulation showed Earl Weikle & Sons low bidder at $6,443.00, George C. Elaurer Cons- truction at $7,444.00; C. F, Haglin at $9,357.00, Lloyd Hoyer at $10,280.00 andM. R. Johnson Co, at $12,196.40 against Village estimate of $10,103.00. Councilman Courtney's motion was seconded by Councilman Shaw and carried awarding contract to Earl Neikle & Sons, recommended low bidder, LEAGUE OF WOMEN VOTERS OF EDINA LOCAL PROGRAM FOR 1973-74 ACCEPTED, and placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. ORDINANCE NO. 1331-A2 ADOPTED. Mr. Hyde called Council's attention to a letter from Yellow Taxi Company requesting that the Village of Edina change the age requirement for drivers to 18 to conform with the City of Minneapolis and other municipalities. Councilman Johnson thereupon offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO. 1331-A2 AN ORDINANCE AMENDING ORDINANCE NO. 1331 TO LOWER THE AGE OF DRIVERS TO EIGHTEEN YEARS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended to read as follows: years of age or over, a resident of Hennepin County or any county contiguous thereto, and is able to read and write the English language." Section 1. "(b) Subparagraph (b) of Section 4 of Ordinance Nos 1331 is hereby Proof that the applicant is a citiaen of the United States, 18 Sec. 2. Repealer. Ordinance No. 1331-A1 is hereby repealed. Sec. 3. and publication. Motion for adoption of the ordinance was on rollcall there were four ayes and no n ATTEST : This ordinance shall'be in full force and effect upon its passage ?L&WAd. XL 7 1- ro, Village Clerk MICHAEL C. BERG & ASSOCIATES SIGN PERMIT DENIED. Council's attention was called to a letter from Michael C. Berg & Associates objecting to the.fact that he had been denied a permit for a free standing sign for his company at 4401 W. 76th Street. Mr. Luce clarified that only one free standing sign is permitted per site and that thia building already had two free standing signs . , 8/20/73 I for which-permits had been taken out. by Councilman'Courtney and carried that the request be denied in compliance with the' ordinance. EDINA WEST SWIMMING POOL REQUESTED. letter from Mr. Vance I). DeLong requesting a public swimming pool.in Vest Edina. Councilman Johnson's motion was then seconded by Councilman Courtney and carried referring the matter to the Park Board for.their recommendation. Councilman Johnson's motion was seconded Mr. Hyde called Council's att'ention to a BRIDGE LANE WATERMAIN PETITION REFERRED TO ENGINEERING DEPARTMENT for process- ing by motion of Councilman Uourtney, seconded by Councilman Shaw and carried. BICYCLE PATHS APPROVED ALONG T.H. loo; SIGNING APPROVED ON VARIOUS STREETS.' Mr. West presented a memorandum showing areas of agreement between the majority and minority reports of the Bipedpa Committee as follows: 1. .A path on both sides of T.H. 100 from I?. 50th Street to Valley View Road; 2. A path on the West side of T.H. 100 from W. 66th Street to $1. 70th Street; 3. Signing of wooddale Avenue from I.J. 50th Street to Valley View Road. Mr. Nest added that of the eleven other streets identified, by the majority . report for signing, six also appear in the minority report' with the recommenda- tions for path construction and .that it-would appear logical to assume that both factions could agree on the signing of the following streets-: Tracy Ave., Dewey Hill Rd., TJ., 66th St. from Valley View Road to T.H. 100, W. . 70th St. from France Ave. to Amundson Blvd;, -and Valley View Road from I?. 70th Street to W. 66th Street to Wooddale Ave-. to T.H. 100. Mr. West said thac' although he had not talked with members of the minority group, he doubted if there would be a great.objection to the signing of the remaining five streets identified by the majority, i.e. Xerxes Ave,, Cahill Road, IJ. 50th St., Inter- lachen Blvd. and Vernon Ave. Mr, West said chat cost for the.:portions in agree- Revenue Sharing Funds. . Mr. Barry Stivers, Chairman of the Bipedpa' Committee, recalled discuss-ions of the Committee and said that he believed that there is more of a traffic problem than a signing problem and recommended an educational program for bicyclists. Mr. Hyde advised Mr. Stivers that the Police Department is already working on a Bicycle Safety Program. A gentleman who lives on Oak- lawn Ave. at I?. 58th Street was told by Mr. Hyde that the lsSuanck?;.of tags .tb bicyclists who disobey traffic laws is already a part of the Police Department program. Nr. Adams suggested that improperly used bicycles be impounded. The importance of bicycle education and law enforcement was stressed. An unidenti- fied gentleman who lives on Tracy Avenue was told that there are already black- top paths in Braemar Park. A gentleman who lives on West Shore Drive was told that a "scenic path" is for pleasure and that a "functional path" would be one which would be for a matter of safety. Mr. Frank Moore, 5105 Valley View Road, was told by Mr. Hyde that .there is ample room for paths along T.H. 100. Nr. Albert Meyer, Jr., 4713 Valley View Road, asked why a six foot section of a service road could not be'set'aside as a bicycle path by putting in curbing. Mayor Pro Tem Van Valkenburg pointed out that the paths proposed are ous paths eight feet in width which are designed to carry two-way traffic. Councilman Shaw clarified that it is not illegal to ride a bicycle on a side- walk but that a pedestrian has the right-of-way. 'He added that it is not illegal for a pedestrian to use a bicycle path. An unidentified lady was told by Mr. Hyde that the walk along W. 66th Street settles and requires periodic maintenance by the Village. Mr. Bruce Johnson, 4717 Valley View Road, expressed opposition to bicycle paths along T.H. 100, saying that they will next t6rn down Valley View Road. An unidentified gentleman questioned the matter of policing the paths, saying that other municipalities have problems with motorcycles and three wheel bicycles fo'r two passengers using the paths. 5210 Villa Way, expressed opposition to expenditure of funds so that bicycles can travel along T.H. 100 with no destination at either end. Jr., 6516 Creek Drive, referred to a letter which she had written to Council and strongly objected to any paths which w'ould eventually pass' through natural habitats. paths along Nine Mile Creek. consideration should be given to scenic paths and that whei Mud Lake is developed, he would favor construction paths a'round the lake so that people can enjoy it. Mr. Hyde said that before any paths are built-, the Engineering Department will prepare detailed plans showing whe're they will go and that he will try to get the plans printed in the Edina. Sun. Councilman Shaw recalled that when he was on the Edina School BoHra, an attem t was madebto get sidewalks along f?ooddale that time because it had been proposed.to assess the cost against the adjacent France Ave., .ment would be approximately $41,000 which would be paid from State Aid and bitumin- Miss Susan Covnick, Blrs. James J. Wall, She said,that there would be dire results should the Council approve Councilman Johnson said that he believed that Avenue between W. 50th and IJ. 56th E treets but that people had opposed them at 198 8/20 /7 3 rti s. Following onsiderable discussion, Councilman Courtney moved that the bicycle paths be constructed, as recombended in the Majority and liinority Reports of the Bipedpa Committee, along both sides of -T.H. 100 from I?. 50th - . Street to Valley View Road and along the West side of T.H; 100 from W. 66th Street to I?. 70th Street and that signing be installed on the following streets: Wooddale Avenye from N. 50th Street to Vallky View Road, France Avenue, Tracy Avenue, Dewey Hill Road, I?. 66th Street from Valley View Road th Highway -100, W. 70th Street from France Avenue to Amundson Blvd., Valley View Road from I?. 70th Street to W. 66th Street to IJooddale Avenue to Highway 100, XSrxes Avenue, Cahill Road, W. 50th Street, Interlachen Blvd. and Vernon Avenue. Motion was seconded by Councilman Shaw and on rollcall there were three ayes, with Councilman John: son voting "nay" and the motion was carried. MIm-ESOTA COHBINED CITY-VILLAGE CODE CONTINUED d5.1 Mayor Bredesen would be present by motion of Councilman Shaw, seconded by Councilman Courtney and carried. I FRANK LUNDBERG POST 282 TEMPORARY BINGO LICENSE APPROVED. Hyde, Councilman Shawls motion was seconded by Councilman Johnson and carried approving the Continuation of a temporary Bingo License for Frank Lundberg Post 282 at the Edina American Legion Hall for a period of six months.unti1 their new quarters are ready. MINNESOTA OPEN ESEETIflG MI? OPINION NOTED. authorize closed meetings between the Village Attorney and his client, the Village, acting through the Village CGuncil. CARL HEINO SUIT NOTED. Nr. Hyde advised Council of a suit seing brought against the Village by the estate of Carl Heind resulting from his death following an explosion at Braemar Arena. Village Attorney and the insurance company. NEW STATE MAXIMUM DISCOUNT LIQUOR W? REFERRED TO VILLAGE ATTORNEY. advised Council that one of the parts of the new state liquor law provided that no distributor can give a discount on more than twenty-five cases of liquor, He advised that the Village has been asked by one of the leading retafl stores to join with them in asking for an injunction on this feature of the law, Following some discussion, Councilman Johnson's motion author- izing expenditure up to $200 for research of the matter by the Village' Attorney was seconded by Councilman Shaw and carried. As recommended by Mr. Reference was made by Mr. Hyde to a .. letter from Village Attorney Erickson in which he opined that Minnesota Statutes .-* No action was taken. ' The matter has been referred to the Mr. Hyde SPECIAL ASSESSMENT HEARIXG DATES SET. As recommended by Mr. Dalen, Councilman . Shaw offered the following- resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR STREET IEPROVEMENTS NOS, BA-138 AND BA-151, SANITARY SEWER IMT?ROVEb€ENTS NOS, SS-303 AND SS-306, VATERMAIN IMPROVEMENT NO. WM- 27 5, STREET OILING - 1973 STORM SEWER IMPROVEMENT NO. ST. S . - 13 1, BE IT RESOLVED by the Village Council of the Village of Edina, Minhesota, as follows: .1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice ok Hearing forms hereinafter recorded, and the amounts p;oposed to be assessed against the'respective lots, places and parcels of land within the districts affected- by said improvements, said proposed assessments having been filed with the Clerk, the same are hegeby approved and the Clerk shall keep the same on file in her office and opeh to public inspection pending hearings thereon as 'herein 'provided. 2. This Council shall meet at the, time and place specified in the Notrice of Hearing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings ih the official news- paper in accordance with law is hereby approved; Notices being' as follows: - I I (Official Publication) HENNEPIN COUNTY, MINNESOTA STREET IMPROVEMENTS NOS. BA-138 AND BA-151, VILLAGE OF EDINA' NOTICE OF ASSESSMENT FOR 9 SANITARY SEWER IMPROVEMENTS NOS. SS-303 AND SS-306, STORM SEWER IMPROVEN&NT NO, ST.S.-131, WATERMAIN IMPROVEMENT NO. TJM-275, STREET OILING - 1973 THE EDINA VILLAGE COUNCIL will meet on Monday, September 17, 1973, at 7:OO 8/20/73 p.m. fn tihe.-Edina Village Hall, 4801 I?. 50th Street, to hear and pass upon all objections, if any, to the following proposed assessments. These assessments are now on file in the office of the Village Clerk and open to public inspect- ion. ten (10) years. taxes for the year 1973, collectible in 1974, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1974.- To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner of the property assessed for the following improvements may pay the whole of the-assessment without interest to the Village Treasurer on or before November 15, 1973, or make payment with accrued interest to the County Treasurer. Mackey Avenue from 160 feet North of Sunnyside Road to West 44th Street West 70th Street from France Avenue to Xerxes Avenue Yqrk Avenue from West 69th Street to West 70th Street Ridge Road from Inter3achen Road South to the South line of Lot 7, Harold Woods Lane and easement over proposed Harold Woods Lane from . Schaefer Road to Lot 1, Block 1, A. I?. Hendrickson's First Addition; Assessments will be payable in ten equal installments over a period of First payment of each assessment will be payable with the 1. CONSTRUdTION OF STREET IMPROVEMENT NO. BA-188 2. CONSTRUCTION OF STREET IMPRWEMENT NO. BA-151 3. CONSTRUCTION OF SANITARY SEVER NO. SS-303 Auditor's Subdivision No. 325 thence South to the South line of Lot 7, Auditor's Subdivision No. 325; thence West to Ridge Road Easement line North from Lot 1, A. IJ. Hendrickson's First. Addition through Lot 9, Auditor's Subdivision No. 325 and Lots 3, 2 and 1, Elargaret Co sg rove s Addition 4. CONSTRUCTION OF SANITARY SEWER NO. SS-306 Walnut Drive from Aspen Road to easement line between Lots 7 and 8, Block Easement line in Outlots B and C, Walnut Ridge Third Addition from -3, Walnut Ridge First Addition easement line between Lots 7 and 8, Block 3, Nalnut Ridge First Addition South to South side of Vernon Avenue Vernon Avenue from easement line Southwesterly 606'2 Easement line in Outlot Cy Valnut Ridge Third Addition Parcels #1400 and $!1600, Section 31, Township 117, Range 21 Easement line in South 20 feet of Lot 11, Block 2, Richmond Hills Second Addition from pond to Richwood Drive Richwood Drive from easement line to 160'_f North Ridge Road from Interlachen Road to cul-de-sac 1400' South 5. CONSTRUCTION OF STORM SEWER NO. ST.S.zl31 6. CONSTRUCTION OF WATERMAIN NO. WM-275 7. STREET .OILING - 1973 BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg Village Clerk - (Official-Publication) 8. - VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF ASSESSMENT FOR OIL STABILIZATION NO. 0-78 THE EDINAVILLAGE COUNCIL will meet on Monday, September 17, 1973, at 7:OO p.m. J in the Edina Village Hall to hear and pass upon all objections, if any, to the following proposed assessment. of the Village Clerk and open to public inspection. able in five equal installments over a period of five (5) years. of assessment will be payable with the taxes for the year 1973, collectible in 1974, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1974. To each subsequent installment will beadded interest at the same rate for one year on all unpaid installments. for the following improvement may pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1973, or make pay- ment with accrued interest to the County Treasurer. OIL STABILIZATION IMPROVEMENT NO. 0-78 . ' This assessment is now on file in the office Assessment will be pay- Firs& payment The owger of the property assessed Xerxes Avenue from Vest 66th Street to West 69th Street BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg Village Clerk . Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. 8120173 YDRKTOWN INVESTMENT COBEANY DRAINAGE AND SEWER AGREEMENT AUTHORIZED. mended by'phe Village Attorney and Mr. Dunn, Councilman Shaw offered the fol- lowing resolution and moved its adoption: BE IT RESOLVED that the Edina Village Council does hereby authorize the Mayor and Village Managek to enter into Yorktown Drainage and Sewer Agreement with YaEkC6Qg 1rfveStmenC.Uompany. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays'and the resolution was adopted, AS recom- RESOLUTION SUBREGIONAL PUBLIC TRANSIT SYSTEM ESTABLISHMENT APPROVED. Mr. Hyde called Council's attention to a proposed bill from Representative Ray Pleasant which relates to the establishment of .a special Transit District, which bill would enable forward movement on the Uniflo Corporation proposal submitted some time ago. Councilman Johnson thereupon offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina Village Council support the idea concept of a Subregional Public Transit District consisting of palities of Bloomington, Eden Prairie, Edina and Richfield and appropriated therefor by the Minnesota State Legislature; and BE IT FURTHER RESOLVED that the Edina Village Council requests RESOLUTION and endorse the the munici- that money be that Senators Otto Bang and Harmon T. Ogdahl and Representatives Mary Forsythe, Ray:O. Pleasant and John W. Johnson take action in support of the position of the Village of Edina. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. TRAFFIC SAFETY COMMITTEE MINUTES OF AUGUST 13, 1973, APPROVED; STOP'SIGNS Nr. Luce called Council's attention to the following recommendations of the Traffic Safety Committee as pertains to the evahation of current drive-in ' FOR GLEASON ROAD AT CREEK VALLEY SCHOOL RE-REFERRED TO TRAFFIC SAFETY CC&lMITZIEE, , '*. ... ._ facility 1. 2. 3. 4. The design at the First Edina National Banlc: Eliminate parking on both sides of Halifax Avenue between 17. 50th-and W. 49% Streets. There are'presently spaces for five vehicles on the East side of Halifax Ave. Prohibit all left turn movement along Halifax by the installation of a physical barrier in the center of Halifax between W. 50th and t7. 49% Streets. Construct a right turn lane for Southbound Halifax *Ave. to West- bound 50th Street traffic. Reduce the Hest radius of the 50th Street private drive into the bank so as to preserve the existing tree on the boulevard. Committee also recommends that affected property owners be notified I . of the action taken by the committee and ViliaG Council before the implementation of the above recommendations. As recommended by the Traffic Safety Committee, Councilman Johnson offered the following resoluti,ors and moved their adoption: RESOLUTION BE IT RESOLVED that the Edina 'Village Council request that the Hennepin County Highway Department allow and sign-an appropriate crosswalk on Vernon Avenue on the Vest side of Blake Road. No action was talcen, L RE SOLUTION BE IT RESOLVED that-the Edina Village Council request the Hennepin County High- way Department to ins tall ')drop curbsll along existing sidewalks- on Vernon Avenue at all cross or intersecting streets. Motion for adoption of the resolutions were seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolutions were adopted. Dr, S. H. Levitt, 6413 Cherokee Trail, objected to the recommendation of the Traffic Safety Cowittee to defer action on installation of STOP signs on Gleason Road at Creek Valley School - either at Creek Valley Road or at Indian Hills Pass - until the next meeting during which time the Committee will check warrants for signing in school areas. the only school without a traffic light and urged that the matter be given immediate and additional attention. Reference was made of a letter from Dr. Thomas C. Carrier concurring with Dr. Levitt's request. Pollowing some dis- cussion, Councilman Johnson's motion was seconded by Councilman Courtney and carried that the Traffic Safety Committee expedite review of the request by calling an additional meeting to check into the matter and that the Council then be polled by telephone for their decision on whatever recommendation the Traffic Safety Committee might make. He advised that Creek Valley School is . 8/20/13 ORDINANCE NO. 404 ADOPTED ON SECOND READING. Councilman JcL.nson offered the following Ordinance for Second Reading and moved its adoption: ORDINANCE NO. 1404 AN ORDINANCE PROVIDING FOR THE CUSTODY, MOTOR VEHICLES AND PRESCRIBING PENALTIES IMPOUNDING, Sw AND DISPOSAL OF ABANDONED THF, VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Minnesota Statutes, Section 471.62, there are hereby adopted and incor- porated herein by reference those provisions of Minnesota Statutes hereinafter referred to. of said provisions, marked as official copies, have been filed for use and examination by the public in the office of the Village Clerk. of Minnesota Statutes, the following rules, regulations and provisions, including those set forth in Minnesota Statures which are referred to herein, shall hereafter be the rules, regulations and provisions in accord- ance with which the custody, impounding;sale and disposal of abandoned motor vehicles shall be conducted,.and may collectively be referred to as the "Edina Abandoned Motor Vehicle Code". Purpose. Minnesota Statutes, Section 168B.01. Section 1. Authority, Adoption by Reference. Pursuant to the authority Prior to the publication of this ordinance!, at least three copies Edina Abandoned Motor Vehicle Code. ' Pursuant to the authority Sec. 2. Sec. 3. 'Sec. 4. Definitions. The purpose of this ordinance shall be as set out in (a) (b) As used in this ordinance the terms defined in this section have "Abandoned motor vehicle" means a motor vehicle that has remained the meanings given to them in this section. for a period of more than 48 hours on public property illegally or lacking vital c.omponent'parts,.or has remained for a period of more than 48 hours on privafe property without the consent of the person in control of such property or in an inoperable condition such tliat it has no substantial potential further use consistent with its usual functions unless it is kept in an ' enclosed garage or storage building. voluntarily surrendered by its owner to and accepted by the Village of Edina. A classiccar or pioneer car shall not be considered an abandoned motor vehicle'within the meaning of this ordinance. Section~169.01, Subd. 3. Minnesota Statutes, Section 168.10. It shall also mean a motor vehicle (c) (d) (e) (f) The term "motor vehiclePg shall be as defineh in Minnesota Statutes, The terms "classic car" and $'pioneer car" shall be as defined in "Agency" means the Minnesota Pollution Control Agency. "Vital component parts" means those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle,-including, but not limited to, the motor, drive train, and wheels. Sec.>S. Abandonment. No person shall abandon a motor vehicle on any public or private property, without the consent of the person in control of such property. Sec. 6. Custody of Abandoned Motor Vehicles. (a) (b) Any Village police officer may take into custody and impound any The Village Manager or his designate shall advertise for bids by abandoned motor vehicle. persons desiring to act as pouna keepers of abandoned motor vehicles impounded under the provisions of this ordinance. Such pound keepers must be capable of ful'filling the requirements listed in Ordinance No. 1403, Sec. 2. Each bidder shall provide a schedule of charges for the towing, storage and impounding of abandoned motor vehicles impounded under the provisions of this ordinance. A copy of the schedule shall be on exhibit in,the Edina Police Department. The Village Manager reserves the right to reject all bids. The abandoned motor vehicle impounded under the provisions of this ordinance shall be stored according to the p-rovisions of Sec. 5 of Ordinance No. 1403. Sec. 7. Immediate Sale. When an abandoned motor vehicle is more than A seven model years of age, is lacking vital component parts, and does not dis- play a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction pursuant to Sec, 10 of.this ordinance, and shall not be subject to the noti- ficat'ion, reclamation, -or title provisions of this ordinance. (c) Sec. 8.' Notice. (a) men an abandoned motor vehicle does not fall within the provisions of Sec. 7 of this ordinance, the Village Police Department shall give notice to the taking within ten days. .The notice shall (i) set forth the date and place of taking, the year, make, model and serial number of the abandoned motor vehicle if such 'information can be reasonably obtained and the place where the vehicle is being held, (iQ inform the owner and lienholders of their 282 1 8/20/73 right to reclaim the veh,:le undgr Sec. 0 this ordinarr:e, and, (iii) state that failure of the owner or lienholders to exercise their right to reclaim the vehicle and contents shall be deemed a waiver of all right, title, and interest in the vehicle and contents and a consent to the sale of the vehicle and contents at a public auction pursuant to Sec. 10 of this ordinance. the abandoned motor vehicle and to all readily identifiable lienholders of record. and address of the registered owner and all lienholders, the notice shall be published once in the official newspaper of the Village. may be grouped together for convenience and economy. (b) The notice shall be sent by mail to the registered owner, if any, of If it is impossible to determine Qith reasonable certainty the identity Published notices Sec. 9, Right to Reclaim. (a) The owner or any lienholder of an abandoned motor vehicle shall have a right to reclaim such vehicle from the Village Police Department or its agent upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by Sed. 8 of this ordinance. Nothing in this ordinance shall be construed to impair any lien of a garagekeeper und& the laws of the State of Ninnesqta, or the right of lien- holders to foreclose. operator of a parking place or establishment, an operation of a motor vehicle storage facility; or an operator of an esFablishment for the servicing, repair or maintenance of motor vehicles. (b) ,For the purpose of this subdivision 'Rgaragekeeper" is an Sec. 10. Public' Sale. (a) If an abandoned motor vehicle and contents taken into custody and not reclaimed under Sec. 9 of this ordinance is sold at public auction or sale, it shall be sold t& the highest bidder following two weeks prior notice of such auction or sale p-ublished in the official newspaper of the Village. shall be given a receipt in a form prescribed by the registrar of motor vehicles. (b) Abandoned motor vehicle not sold pursuant'to paragraph (a) of this Sec. 10 shall be disposed of in accordance with Sec. 11 of this ordinance. (c) From the proceeds of a sale under this section of an abandoned motor vehicle, the Village shall reimburse itself or its agent for the cost of towing, preserving and storing the vehicle, and all administrative, notice and publication costs incurred in handling the vehicle pursuant to this ordinance. Any remainder from the procedds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited'in the treasury of the Village. The Village shall contract with persons duly licensed by the agency The purchaser Sec. 11. Disposal BY Other Than Sale. (a) pursuant to Minnesota Statutes, Sec. 168B.10, Subd. 3, (or, if no bids are received, m-ay utilize its own equipment or personnel) for collection, storage, qransporta- tion and other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling. persons duly licensed by the agency pursuant to Minnesota Statutes, Sec. 168B.10, Subd. 2, to enter into the contract referred to at paragraph (a) of this Sec. 11. The person awarded the bid for collection, storage and transportation for recycling of abandoned motor vehicles must be capable of providing for total collection and transportation 'of abandoned motor vehi&les and of conforming to all requirements of the plan of the agency for solid waste disposal which are applicable to abandoned motor vehicles. Each bidder shall provide a schedule of charges for the collektion, storage, transportation and other services required by the Village, for abandoned motor vehicles impounded under this ordinance. The Village Manager reserves the right to reject all bids. Sec. 11, it shall be approved by the agency. upon its passage-and publication. rollcall there were four ayes and no nays ATTEST: (b) The Village Manager or his designate shall advertise for b'ids by (c) Sec. 12. Before the Village shall enter into any contract pursuant to this This ordinance shall be in full force and effect immediately ORDINANCE NO, 131-A1 ADOPTED ON SECOND. READIhG. the following ordinance for Second Reading and moved its adoption: Councilman Johnson offered ORDINANCE NO. 134-Al TO INCREASE THE LENGTH OF THE CUSTODY AN ORDINANCE AMENDING ORDINANCE NO, 131 . I PERIOD REQUIRED BEFORE SALE THE VIUAGE COUNCIL OF THE VILLAGE OF EDINA, NINNESOTA, ORDAINS: 8120173 Section 1. Disposal of Unclaimed Property. The first sentence of "Any such property which has been in the custody of the Chief of Police for a period of 60 days may be sold to the highest bidder atpubJic sale following two weeks' prior notice published in the official newspaper of the Village." Sec. 2. Sec. 2 of Ordinance No. 131 is hereby amended to read as follows: This ordinance shall- be in full'force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded ORDINANCE NO. Illl-A1 GRANTED FIRST READING. As recommended by Mr. Dalen, Councilman Johnson offered Ordinance No. llll-A1 for First Reading as fol~ows : ORDINANCE NO. 1111-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO REQUIRE CONNECTION CHARGES WHEN R-2 DISTRICT LOTS ARE SUBDIVIDED AND TO PROVIDE REMEDIES WHEN ONE METER SERVES MORE THAN ONE PROPERTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: adding thereto the following section: Section 1. l'Sec. 7. Whenever any lot in an R-2 District of the Village is hereafter subdivided pursuant to pbparagraph.(c) of Sec. 3.of Ordinance No. 801 and subparagraph 8 of Sec. 4 of Ordinance No. 8i1, a connection charge shall be made pursuant to Sec. 5 or Sec. 6 of this Ordinance, whichever is applicable, at the time such subdivision is approved by the Village, against each parcel into which such lot is so subdivided, less, however, any such connection charges made against that lot prior to such subdivision.'I Sec. 2. Sec. 4 of Ordinance No. 1111 of the Village is hereby amended "(i) more properties which are separately owned and that account is delinquent for 60 days, the Village may discontinue water service to that account even though such discontinuance will affect property in addition to that of the'person causing such delinquency. $2 will be made and shall be payable before service is restored." Sec. 3. This ordinanne shall be in full force and effect upon its Ordinance No. 1111 of the Village is hereby amended by Connection Charges for Subdivided Lots in R-2, bistrict . by adding thereto the following subparagraph: When there is one meter serving, and one account for, two or A charge of passage and publication. HERITAGE PRESERVATION ORDINANCE was continued to September 10, 1973, by motion of Councilman Shaw, seconded by Counkilman Courtney and carried. REVENUE SHARING FUNDS BUDGET AMENDED. As recommended by Mr. Dalen, Council- man Courtney offered the following resolution and moved its adoption, said budget to be published in the Official Newspaper of the Village: (Official Publication) VILLAGE OF EDINA 4801 W. 50th Street EDINA, MINNESOTA 55424 RESOLUTION AMENDING BUDGET FOR FEDERAL REVENUE SHARING FUNDS OF THE VILLAGE OF EDINA FOR THE YEAR 1972 THRU JUNE 30, 1973 BE IT RESOLVED by the Edina Village Council that the Budget for Federal Revenue Sharing Funds for 1972 thru June 30 , 1973, is hereby amended as hereinafter set forkh: Two-Way Xadio Equipment $ 21,650 Two Radar Units 4,400 Topography Map of Village 40,000 Park Shelter Buildings 138,626 $204 , 6 7 6 Total Motion 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. FRANK BUETEL WET BASEMENT DISCUSSED. Mr. Frank Buetel, 6076 Olinger Blvd., appeared to advise Council that on August 5, 1973, he had four..inches of water in his basement. He added that he has since used a sump pump in his basement and has pumped water out of a hole outside his house and that it will cost him $1,500 to have his basement waterproofed. that everyone in his neighborhood have illegal sump pumps in their basements Mr. Buetel said 204 8/20/73 and that the Village should force contractors tu construe; waterproofed basements at the time houses are built. Mr. Hyde.recalled that this,pro- perty had an elevation-of 864 and that there had'been some lots that were effected by ground water. required by the Building Code. 3lr. Hyde advised Hr. Buetel that he would come out to his house tomorrow with Mr. Dunn and Mr, Woehler to see what could be done to remedy the situation. He added that tiling of basements is not CLAIMS PAID, Motion of Councilman Johnson was seconded by Councilman Courtney and carried'for payment of the following claims as per Pre-List: General Fund, $43,369.25; Park Funds., $23,079.89; Construction, $98,495-54; Improvements , $34.79; Total, $385,161.30. -b , 7 Water Fund, $22,923.24; Liquor Fund, $163,825.13; Sewer Fund, $33,433'.46; The agenda's business having been covered, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw. Adjournment at 11:35 p.m. a/ Village Clerk d .. ..