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HomeMy WebLinkAbout19731015_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY , OCTOBER 15, 1973 Members answering rollcall were Councilmen 'Courtney, Johnson, Shaw and Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of September 17, 1973, were approved as submitted by motion of Councilman Johnson, seconded by Councilman Courtney and carried, as'were the minutes of the Special Budget Meetings of September 12 and 17, 1973. SANITARY SEWER IMPROVEMENT NO. P-SS-309 CONTINUED TO NOVEMBER 5, 1973. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. action taken as hereinafter set forth: CONSTRUCTION OF SANITARY SEI?ER IMPROVEMENT P-SS-309 IN THE FOLLOIJING: Pursuant to due notice given, public hearing was conducted and , Easement line*from Motor Stxeet thru back yards to service from 4425 to 4521 Brookside Terrace Mr. Hyde presented total estimated project cost at $28,770.60, proposed to be assessed against 7 assessable lots at $4,110.09 per assessable lot. thak a hearing (called upon receipt of 100% petition) had been held for both sewer and watermain on October 16, 1972. At that time the watermain had been approved but the sanitary sewer was delayed for further study to determine if a more economical route could be worked out along Minnehaha Creek. has been received from the Minnehaha Creek Vatershed District to construct the sanitary sewer using the route along and partially through the creek, but the cost of protecting the creek has run the cost considerably higher. Mr. Dunn advised that the low bid taken on October 12, 1973, had been $37,312.00, which would bring the cost to almost $6,400 per connection. Council suggested the possibility of obtaining either Federal funds or funds from the Minnehaha Creek Watershed'District in order to prevent contamination of the creek. Parsons, 4437 Brookside Terrace and Mr, T. S. Smith, 4433 Brookside Terrace, objected to the cost of the improvement. Mr. Parsons said that the Watershed District should pay to correct damage to an island in the creek, which damage is being caused by drainage from Broakside Avenue. He said that he does not want the island removed but that the channels on each side should be dredged and the island built up further. Mrs. Mary Ann Kaufman, 4425 Brookside Terrace, suggested that since their septic tanks drain to the creek, property owners should not have to pay the full burden. are not worth the cost of such an expensive assessment. Following considerable discussion, Councilman Johnson's motion was then seconded by Councilman Courtney and carried continuing.the hearing to November 5, 1973, so that the Enginqer could examine other alternatives of locating the improvement and also examine the possibility of obtaining other methods of funding the improvement. Dis- 'cussion then ensued on the island, with Mr. Dunn advising that he believCs that the island xqill be considered at a hearing to be held by the Watershed District in the near future. He recalled Approval Mr. Dudley She pointed out that these properties BRAEMAR PARC PRELIMINARY PLAT CONTINUED TO NOVEMBER 5, 1973. Mr. Erickson said that, in accordance with action taken by Council on October 1, 1973, a set of restrictions had been delivered but that Mr. Luce had not had an opportunity to check the dimensions thoroughly. Councilman Johnson, in response to Mr. Luce's request for direction, said that as many trees as possible should be preserved for a four lot plat. motion was seconded by Councilman Courtney and carried continuing the matter to November 5, 1973. As recommended by Mr. Erickson, Councilman Johnson's BXDS-Ai?ARDED FOR SS-297 AND WM-268. Mr. Hyde presented tabulation of, five bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on September 27 and October 4, 1973. Tabulation showed Q.R.S. Cans- truction, Inc., low bidder at $50,6614; F. D. Chapman Construction, $66,018.15; G. L. Contracting, Inc., $66,599.50; Nodland Associates, Inc., $75,700.50; Northern Contracting Co., $79,766.05 against Engineer's estimate of $61,777.20. Councilman Courtney's motion for award to recommended low bidder, Q.R.S. Construction, Inc., was seconded by Councilman Shaw and carried. SANITARY SEIJER IMPROVEMENT NO. 88-309 CONTINUED TO NOVENBER 5, 1973. In accord- ance with action taken on Sanitary Sewer Improvement No. P-SS-309, Council- man Shawls motion to continue award of bid for P-SS-309 was seconded by Council- man Johnson and carried. ment for Bids in the Construction Bulletin and Edina Sun on September 27 and October 4, 1973, had been presented as follows: G. L. Contracting, Inc., low bidder at $37,312.00; Q.R.S. Construction, Inc., $43,650.31; Northern Contracting Co., $60.718.50; Nodland Associates, Inc,, $66,529.00, against Tabulation of bids received in response to Advertise- 10 / 15 /7 3 Engineer's estimate of $27,395.00. HYDRAULIC TREE SPADE BID Al7ARDED. Mr. Hyde presented a single bid of $8,070.30 submitted by Vermeer Sales & Service for a hydraulic operated tree spade for the Park Department; advising that $2,500 is budgeted and that the remainder of the price will come from Federal Revenue Sharing funds. motion was then seconded by Councilman Johnson and carried, approving award of bid to Vermeer Sales & Service, as recommended by the Village Manager. Councilman Courtney's 3923;W; 42TH;STREET 'Fll3?AIR REQUESTED. Mr. Hyde called Council's attention to a letter from $is. Ella G. Guilford, in. reference to the condition of the side- walk in front of 3923 17. 49th Street. Mr. Hyde.said that he would have the sidewalk checked and appropriate action taken. ANIMAL HUMANE SOCIETY REQUEST FOR FUNDS CONTINUED to November 5, 1973, by mot- ion of Councilman Shaw, seconded by Councilman Courtney and carried so that additional information could be obtained to dcteiminb the'reasofi 202 the request. TRAFFIC SAFETY COMMITTEE MINUTES OF OCTOBER 9, i973, APPROVED; SCHOOL SIGNALS APPROVED; 56TH AND XERXES 4-WAY STOP INSTALLATION APPROVED. In approval of the Traffic Safety Committee Minutes as moved by Councilman Johnson, CREEK VALLEY seconded by Councilman Courtney and carried, discussion ensued as follows: Creek Valley School Signals - Mr. Hyde advised that he had talked with Dr. S. H. Levitt and Mr. John Emmer who had both expressed satisfaction with action taken by the Traffic Safety Committee in recommending installation of a pedestrian actuated three-ball traffic signal on Gleason Road at the Cherokee Trail-Creek ValleysRoad intersection and that, during the interim the Village install a 4-way STOP at this intersection. 56th and Xerxes k+lay'Stop Signs - Mr. Hyde called Council's kttention to the recommendation of the Traffic Safety Committee supporting the Hennepin County Board action to install STOP signs on Xerxes Avenue at I?. 56th Street, stopping North and Southbound traffic. recommended that crosswalks be painted on the street surface and appropriate pedestrian signing be installed., Mr. James G. Smith, 5712 Beard Ave. S., requested traffic signals at the intersection, rather than 4-way STOP signs as proposed by the Traffic Safety Committee. Mr. Gordon Tucker, 5541 Zenith Ave. S., and Mrs. Jane Goetz, 5524 York Ave. S.,.concurred that traffic signals were desirable but that the 4-way STOP signs were better than nothing. Mr. R. C. Morrison, 5720 Abbott Ave. S., said that, because there is more traffic on Serxes Ave., the 4-way STOP signs might be more desirable. The owner of the grocery store at Xerxes Ave. and W. 56th Street, spoke of the danger to ped- estrians caused by traffic at the intersection. It was brought out that it is difficult to see North when driving West toward Xerxes. the Xerxes Avenue intersections at W. 56th Street and I?. 60th Street are not comparable because of the shopping center at F7. 56th Street. question from Mayor Pro Tem Van Valkenburg, Mr. Dunn recalled that discussion of some type of traffic control for the IJ. 56th and Xerxes Ave. intersection had been going on for a long period of time and that last fall the County Board had ordered installation of 4-way STOP signs for the intersection. Sub- sequently, the Minneapolis Traffic Engineer had opined that the warrants had.' not been met for either 4-way STOP signs or traffic signals, but nevertheless the Engineering Committee had approved the installation of traffic signals based on a cost sharing agreement with the Village of Edina. An unidentified gentleman in the audience suggested that the Traffic Safety Committee should have more citizen participation. He was told by Efr. Hyde that there had never been anyone who had expressed any interest. Council's attention was also called to a mailgram from Mr. Don Fisher, 3320 11. 55th St., which urged that action be taken before a serious accident occurs. Councilman Johnson's motion was seconded by Councilman Shaw and carried that the Village Manager notify the Hennepin County Board tomorrow that the Council has requestea installation of 4-way STOP signs at the intersection of Xerxes Avenue at Tal. 56th Street and that discussion be held with the City of Minne- apolis and with the Hennepin County Board on the possibility of agreement on the installation of traffic signals. be installed at the intersection had been noted and ordered placed on file. In conjunction with the STOP signs, it was also The point was made that In response to a Following considerable discussion, Petitions requesting that traffic signals HEIVNEPIN COUNTY BUDGET REVENUE AND TAX LEVY SCHEDULE NOTED. Mr. Hyde advised Council that the Hennepin County Board has notified the Village of the Annual County Hospital levy under which the suburban levy for 1974 will be .916 mills against .941 mills for 1973. No action was taken. 10/ 15/7 3 CABLE TV PROGRESS REPORT NOTED. Progress Report from the Edina Public Schools Cable Television Citizen Advisory Committee" which shows what the School district is doing with Cable T.V. Mr. Courtney will bring the matter to the attention of the Hennepin County League of Municipalities. Mr. Hyde called Council's attention to "A MORNINGSIDE AREA GARBAGE COLLECTION BIDS TO BE TAKEN. As recommended by Mr. Hyde, Councilman Courtney's motion that bids be taken for Morningside area garbage collection was seconded by-Councilman Shaw and carried. The limits of the Performance and Payment Bond will be studied by the Village Attorney. PUBLICATION OF COUNCIL kND PLANNING COMMISSION AGENDAS DISCUSSED. told Council that an increasing number of requests are being received for mailing of Council and Planning Commission Agendas to residents and to neighborhood assbciations. He suggested that the agenda be closed on Tues- day noon, except for emergency matters. Mr. Luce brought out the fact that Planning Commission items would not be known until after the publication deadline. should be worked out. Mr. Hyde Council generally agreed that some method of publication of agendas 239 1 METROPOLITAN LEAGUE OF MUNICIPALITIES CONFERENCE SCHEDULED. Mr. Hyde called Council's attention to a Conference for Elected Officials on "The Role of the Elected Official in Labor Relations" which will be held on November 8, 1973, at Radisson South. No action'was taken. COUNTY ROAD 18 CORRIDOR AGREEMENT CONTINUED FOR COST DETERMINATION. recalled that Council had authorized him to ask Minnetonka, Eden Prairie and Hopkins for financial cooperation in the-proposed County Road 18 Corridor Agreement. cooperation but no financial cooperation and that he had not yet heard from the Hopkins City Manager. As recommended by Mr. Hyde, it was generally agreed that the Village obtain a specific proposal from a consultant in accordance with action taken on September 10, 1973, and that he would have the information available at the next meeting. ms. Charles Wright, 7001 Valley View Road, and Mr. Charles Parten, representing neighborhood associations, were assured that 'the Valley View Road/County Road 18 Intersection Task Force would be included in discussions before a consultant is definitely selected. Mr. Parten was told that it might be roughly three months before a report would be available from a consultant. agreed to move ahead with the study regardless of the cooperation of the other municipalities. LEAGUE OF MINNESOTA MUNICIPALITIES HOUSING ACTION WORKSHOP will be held at the Holiday Inn in Roseville on November 13 and at the Thunderbird Motel in Bloomington on November 20, 1973. Mr. Hyde He advised that Minnetonka and Eden Prairie had pledged"ful1 Mayor Pro Tem Van Valkenburg recalled that the Council had T.H. 100,NOISE ABATEMENT AND BEAUTIFICATION UNDER CONSIDERATION BY MINNESOTA written to Mrs. Nancy Freeman, 4600 Cascade Lane, by Mr. W. M. Crawford, District Engineer of the Department of Highways , acknowledging the petition for noise barriers on T.H. 100 between the North Village Limits and W. 50th Street. Mr. Hyde recalled that a joint study had been made with the Highway Department on beautification and said that noise abatement would be worked in with the beautification plans. ' DEPARTMENT OF HIGHWAYS. Mr. Hyde called Council's attention to a letter PUBLIC WORKS PROJECTS COMPLETED. near completion of the Country Club curb and gutter project, advising that some complaints of driveway cracking Mr. Hyde reported also on the completion of the Yorlc Avenue extension and of the 70th Street sidewalk on the South side. Mr. Hyde called Council's attention to the will be checked out and the driveways replaced. TRAFFIC SIGNALS TO BE INSTALLED. Mr. Hyde advised that traffic signals have already been started for France Ave. at Hazelton Road and that the signals at County Road 18 and Valley View Road will be installed in the near future. LUND-KRUSE, INC. APPEAL TO BUILDING CODE DIVISION OF STATE OF MINNESOTA NOTED. Mr. Hyde called Council's attention to the fact that Lund-Kruse, Inc. is appealing a ruling of the Building and Fire Departments and the Building Board of Appeals to the Minnesota Building Code Division to see if the Village rul- ing that a sprin$ler be installed in the basement of Clancy Drug can be abated. No action was taken. 240 10/ 15/73 ' YORK AVENUE CONDEEEiATION APPEAL AUTHORIZED. Mr. Erickson advised that the Village has until November 5, 1973, to file an*appeal of awards on the Sloane and Maurer properties needed for York Avenue South of Yorktown, and reviewed pertinent information on each of the two parcels. Mr. Erickson said that he has beexin touch with the attorneys for the owners of both parcels who have advised him that they do not intend to appeal the decision if the Village does not appeal. Nr. Erickson recommended that the Village not appeal the award for the Maurer property inasmuch as he is not convinced that a lower value would be obtained before a jury. on tpe Sloane property unless the owners dismiss their petition to reduce the taxable value of that property. claiming, in tax abatement proceedings, that the property is worth less than 50c a square foot but in the condemnation proceedings they are claiming a value or $1.42 per square foot. tion of the Village Attorney was then seconded by Councilman Shaw and carried. Nr. Erickson also recommended that the Village appeal the award He clarified that the owners presently are Councilman Johnson's motion accepting the recommenda- HTJ" RELATIONS COMMISSION GRANTED $350 FROM BUDGET FOR SPEAKER. As requested by Mrs. Meredith Hart, Chairman of the Human Relations Commission, Councilman Johnson's motion was seconded by Councilman Shaw and carried approving expend- iture of $350 from the Hulpan Relations Budget for the appearance of Mr. Sosthenos Nunyaplie of Togo, Africa, for cultural presentations in the Edina schools this fall. Councilman Johnson thereupon offered the following resolu- tion and moved its adoption: RESOLUTION WHEREAS, the Edina Human Relations Commission sponsored, planned and carried . out the-Village' s first annual Family Life Workshop entitled 'cPeoplemaking: An Edina Family Affair; and IIHEREAS, the workshop featured speakers, numerous interest sessions, creative drama, music, art and various special features; and WHEREAS, nearly 500 men, women, youth and children participated in this work- shop which was successfully designed to further participant awareness and understanding of the needs of changing families in these changing times; and WEEAS, the League of Ilinnesota Human Rights Commissions has awarded LI Letter of Commendation to the Edina Human Relations Commission; NOI7, THEREFORE, BE IT RESOLVED that the Edina Village Council extends its congratulations and appreciation to the Edina Human Relations Commission for this worthwhile effort. 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. 311-A5 GRANTED PIRST 'READINGf. Mr. Hyde presented Ordinance No. 311-A5 as requested by Mrs. Nina Adamovich, 4610 Bruce he., for a more string- ent control of dogs in the Village. Mr. Stanley Bourassa, 5605 Dale Ave., objected to a citation he received for walking his dogs in Garden Park. Elr. Erickson said that the citation was issued under Section 7A of Ordinance No. 122 which prohibits allowing any dog upon any public park where forbidden by posted signs. that a3 unleashed dogs and cats should be impounded and a penalty of $50.00. charged to the owner. being given tickets for violations, rather than impounding the dog. Mr. Bour- assa was told that the Council is trying to accomplish just what he was . suggesting by the ordinance under consideration. sion, Councilman Johnson offered the following ordinance for First Reading: Mr. Bourassa suggested that the ordinance should provide in part Mr. Hyde clarified that in'many cases dog owners are Following considerable discus- AN ORDINANCE AMENDING ORDINANCE NO. 311 PROHIBITING THE MICTURATLON OR DEFECATION OTHER THAN THAT OF THl3 OWNER THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: as follows: public property or on private property other than his own, nor shall he permit his dog to damage any la&, garden or other property.: passage and publication. BY DOGS ON PUBLIC PROPERTY .OR PRIVATE PROPERTY Section 1. Sec. 17(c) of Ordinance No. 311 is hereby amended to read "(c) No dog owner shall permit his dog to micturate or defecate on Section 2. This ordinance shall be fn-full force and effect upon its ORDINANCE NO. 1303-A1 GRANTED FIRST READING. As continued from the Council meeting of October 1, 1973, Councilman Johnson offered the following ordinance for First Reading: ORDINANCE NO. 1303-A1 AN ORDINANCE &ENDING ORDINANCE NO. 1301 TO AMEND THE DEFINITION OF PEDDLER AND SOLICITOR THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended to read as follo~7s: Section 1. Subdivision 4 of Section 1 or Ordinance No. 1301 is hereby *'Subd. 4. Vendors of milk, groceries, bakery products, or other perish- able commodities or vendors of soft water service or laundry and dry cleaning pick-up and delivery, and carrier salesmen for daily and weekly newspapers, who make an uninvited initiatory call upon the occupant of a residence as a preliminary step to the establishment of a regular route service.for the sale and delivery of such commodities or the providing of such service to regular customers shall not be included within the above definition of "peddler" or ?solicitor". Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. ORDINANCE NO. 901-A5 CONTINUED. Mr. Hyde presented Ordinance No. 901-A5 for Second Reading. Mr. Bill Erickson, General Manager of Gus Young's Lanes at the Biltmore and Southdale,objected to the adoption of the ordinance. said that he has a league that starts bowling at 1:OO a.m. and that they buy a pitcher of beer before 1:00 a.m. to drink while they are bowling. Mr. Hyde referred to problems which had been reported p$ the Police Department. ing some discussion, Councilman Courtney's motion was seconded by Councilman Johnson and carried, continuing the discussion to the next meeting so that the Village Manager can obtain the police report to which he referred. He Follow- STREET OILING ASSESSMENT HEARING DATE SET. As recommended by Mr.'Dalen, Councilman Shawls motion was seconded by Councilman Courtney and carried set- ting hearing date for Street Oiling - Supplemental 1973. Councilman Courtney then offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR STREET OILING,- SUPPLEMENTAL 1973 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. for the improvement set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assessment having been filed with the Clerk, the same are hereby ' approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of hearings in the official newspaper in accordance with law is hereby approved; Notice being as fo~~ows: (Official Publication) VILLAGE OF EDINA The Clerk and Engireer having calculated the proper amounts to be assessed HENNEPIN COUNTY, MINNESOTA NOTICE OF ASSESSMENT FOR Street Oiling - 1973 ( Supplemental) THE EDINA VILLAGE COUNCIL will meet on Monday, November 5, 1973, at 7:OO p.m., in the Edina Village Hall, 480114. 50th Street, to hear and pass upon all objections, if any, to the following proposed assessment. This assessment is now on file in the office of the Village Clerk and open to public inspection. 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. The owner of the property assessed for the following improvement may pay the whole ember 15, 1973, or make payment with accrued interest to the County Tgeasurer. STREET OILING - 1973 (Supplemental) BY ORDER OF THE VILLAGE COUNCIL. ,of the assessment without interest to the Village Treasurer on or before Nov- Broolcview Avenue - between W. 58th Street and I?. 59th Street Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the redhlution was adopted. I GmEN.HILLS OF EDINA GRANTED FINAL PLAT APPROVAL CONTINGENT ON CERTAIN REQUIREMENTS. Mr. Harold R. Posnick appeared to request consideration of final plat of Green Hills or Edina so that grading could be started before cold weather sets in. Mr. Hyde said that Mr. Posnick had indicated that he had all of the requirements for his plat and that there were no objections fkm abutting property owners. 10/15/73 Bk. Luce said that the Planning Department would recommend approval, subject to receipt of easement agreement ~ ana? ~$06 complianEe*"3ig&.T drtlirranet+ T~qtiikibRt~. $buncibaa:_3cknSon- thereupoy?:offeJ'edr tlie, .foIlos;ripg ras6lu24021 l'lajrld &;love'd its adQpfiQn2 c RESOLUTION APPROVING FINAL PLAT OF GREEN HILLS OF EDINA r3. BE IT RESOLVED by the Village Council of the Village of Edina, Wnnesota, that that certain plat entitled "Green Hills of Edina': platted by Builtwell Con- struction, Inc., and presented at the Meeting of the Edina Village Council of Octpber 15, 1973, be and is hereby granted final approval. Notion 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. XGGOTIATIONS AUTHORIZED FOR LN.& S. RAILROAD HALF OF BROOKSIDE AVENUE. Hr. Xyde recalled that some time back the vacation of Brookside Avenue behind Jerry's Hardware and the Village Liquor Store had been considered's0 that there would be additianal parking spaces behind the Liquor Store. Following some discussion, Councilman Shaw ' s motion was seconded by Councilman Courtney and' carried auth- orizing Mr. Dalen to negotiate with the KN.& S. Railroad' to purchase the fail- road's half of the vacated street for 25C per square foot. Mr. Dalen clarified that a portion of theVland'would be sold back to Mr. Jerry Paulson. -. RIGHWAY'EQUIPNENT INVENTORY PRESENTED TO COUNCIL. attention to a Highway Equipment Inventory which he had prepared. 'Mr. Hyde called Council' s No action ? 1 was taken. CLAIILS PAID. carried for payment of the following claims as per Pre-List: $56,969.29; Construction Fund, $361,647.19; Park Funds, $27,253.20; Water Fund, $24,511.41; Sewer Fund, $33,004.59; Liquor Fund, $86,916.38; Improvements, $6,558.22; Poor and PIR, $414.83; Total, $597,275.11. Councilman Courtney's motion was seconded by Councilman Shaw and General Fund, No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 8:55 p.m.