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HomeMy WebLinkAbout19661229_regular12/29/66 MINUTES OF THE REGULAR POSTPONED MEETING OF THE EDINA VILLAGE COUNCIL HELD AT.THE VILLAGE HALL ON THURSDAY, DECEMBER 29, 1966, AT 4:30 P.M. Members answering Rollcall were Trustees Johnson, Tupa, VanValkenburg and Mayor Bredesen. MINUTES of the Regular Meeting of December 5, 1966, were approved by motion of Trustee VanValkenburg, seconded by Trustee Tupa and carried. LOT 1, BLOCK 4, EDINA INTERCHANGE CENTER PLANNED INDUSTRIAL DISTRICT ZONING APPROVED. Mr, Hite presented Ordinance No. 261-141 for Second Reading, which provides for zoning change of Lot 1, Block 4, Edina Interchange Center from Residential District R-1 to Planned Industrial District. This property which is located between Cahill Road and the M.N. E S. Railroad and immediately south of Dewey Hill Road extended, is surrounded by property similarly zoned on the east, north and south, and conforms to the overall land use plan proposed in 1962. It is anticipated that the abutting marsh lands on the west will be used as water storage ponds or office building con- struction. VanValkenburg offered Ordinance No. 261-141 for Second Reading as follows: In conformance with recommendation of the Planning Commission, Trustee ORDINANCE NO. 261-141 AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING AN ADDITIONAL-PLANNED INDUSTRIAL DISTRICT (ZONING ORDINANCE) OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 2 , "Boundaries of Planned Industrial District" of Section lO.(Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after subparagraph (n) of said paragraph 2, the following subparagraph: I1(o) Section 2. This ordinance shall be in full force and effect from and after its Lot One (l), Block Four (4), Edina Interchange Center Addition" passage and publication according to law. Motion for adoption of the ordinance was there were four ayes and no nays and the ATTEST: 41 L- A 1 Mayor OLD HOPKINS ROAD VACATION APPROVED PENDING RECEIPT OF NEW ROAD EASEMENT. Affidavits ot publication, posting and mailing were presented by Clerk, approved as to form and ordered placed on file by motion Trustee Tupa, Seconded by Trustee Johnson and 'carried. Mr. Hite advised Council that this caca%ion of a portion of Hopkins Road was considered some three years ago, at which time action was withheld pending satisfactory arrangements electrical facilities. Mr. Hite advised that this road which is situated south of th National Car Rental Building, connects Highway 100 to Arcadia Avenue, and that Mr. Harry Gustafson, one of the petitioners has agreed to grant a new road easement south of the present road to the Village. Contingent upon receipt of the new road easement by the Village, Trustee Tupa'offered the following resolution and moved its adODtion: .between Northern States Power Company and the petitioners relative to relocation of RESOLUTION- VACATING A PORTION OF HOPKINS ROAD * WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on December 29, 1966, at 4:30 P.M., on the proposed street vacation of the street hereinafter described has been given and made, and a Hearing has been held thereon by the Village Council, Hennepin County, Minnesota, that the following described portion of Hopkins Road, all NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, 1 as platted and of record in the office of the Register of Deeds in and for Hennepin .County, Minnesota, be and is vacated effective February 8, 1967, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: That part of Hopkins Road lying easterly of the easterly line of Arcadia Avenue extended across said Hopkins Road and westerly of the northerly extension across said road of theheasterly line of Block 1, Grand View Heights, Hennepin County, Minnesota. .Motion for adoption of the resolution was there were four ayes and no nays and the ATTEST: ./ - 3,- Y "pustee Johnson and on rollcall ion was adopted yL Mayor Pd-A Village Clerk PETITION FOR BRAEMAR HILLS for Permanent Street Surfacing and Curb for the entire subdivision was received and referred to the Engineering Department for programming upon motion Of Trustee Tupa, Seconded by Trustee Johnson and carried. 12/29/66 1.C CAULEY HEIGHTS I11 ADDITION GRANTED PRELIMINARY APPROVAL. McCaulev Heights I11 Addition, located in the southeast corner of T.H. 169 and Mr. Hite presented County koad i8 for Preliminary Plat approval. Mr. McCauley had agreed to the plat as recommended by Planning Commission, that sewer is available and that water is programmed for the area in 1967. motion granting preliminary plat approval as recommended by Planning Commission was seconded by Trustee Tupa and carried. PARKWOOD KNOLLS 15TH ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Parkwood Knolls 15th Addition, for preliminary approval as recommended by Planning Commission, whereupon Trustee Tupa's motion for approval of the preliminary plat was seconded by Trustee Johnson and unanimously carried. Mr. Hite advised Council that Trustee Johnson's Mr. Kite presented and final plat approval. of approximately 80 feet, as did other replats of a similar nature in this area. Trustee Tupa then offered the following resolution and moved its adoption: He stated that each of the existing lots has a frontage RESOLUTION APPROVING REPLAT OF LOTS 2 AND 3, BLOCK 15, NORMANDALE ADDITION BE IT RESOLVED by the Village Council-of the Village of Edina, I4innesota, that that certain plat entitled "Replat of Lots 2 and 3, Block 15, Normandale Addition," platted by Burt Monten and presented at the meeting of the Village Council of December 29, 1966, be and is hereby approved. Motion for adoption of the resolution was rollcall there were four ayes and no nays ATTEST: Mayor Village Clerk / D. H. OVERtllYER INDUSTRIAL SITE PLANTING PLAN APPROVED. Mr. Hite advised Council that because theD. H. Overmyer Building has loading docks on the street frontage, plantings are required to serve as screening. plantings will be made in accordance with plans as presented. motion for approval of the planting plan as recommended by Planning Commission was seconded by Trustee Tupa and carried. Bond has been supplied to insure that Trustee VanValkenbwg's I NORMAN CONSTRUCTION COMPANY APARTMENT PLANS APPROVED FOR WOODDALE AVE. AT VALLEY V1EI.T ROAD. constructed on the southwest corner of Valley View Road and Wooddale Avenue. recalled to Council that some three years ago approval hhd been granted to construct a six story apartment building on this site. building with a walk-out to the rear, exposing only three stories on the Valley View Road frontage. that other neighbors would be interested in seeing these plans and requested that another meeting be held so that more could attend. He questioned how the parking area would be screened from the properties to the rear of the building. Ackerberg, petitioner, presented a cross section of the property which showed the terrain with a gradual taper toward the pond at the rear. be only guest parking outside and that he will provide plantings to screen the parking area to the satisfaction of the neighbors. the property has already been zoned to accommodate.an apartment building, that plan approval could not be withheld because of agreement over the screening. advised that it is not customary to bring building plans for Council approval, but that it had been done in this case as a matter of courtesy inasmuch as the plans now being submitted were different from those presented at the time of the zoning approval. He noted that the number of units had been reduced to 63 units. Trustee Tupa then moved that plans be approved as recommended by Planning Commission and that a meeting be arranged between Hr. Ackerberg and the neighbors so that satisfactory screening can be planned. MAICO INDUSTRIES BUILDING PLANS APPROVED . Industries Building, proposed to be located,in Edina Interchange Second Addition which is south of Northern States Power Company property. Planning Commission has recommended approval with the stipulation that a minimum site elevation of 829' be set. Storm sewer will still be needed in this area. for approval, subject to the site elevation of 829' was seconded by Trustee Tupa and carried. Ih?. Hite presented plans for an apartment building proposed ta be He The present plans call for a four level Err. E. I-lichael Birt, 6113 St. Johns Ave., stated that he felt sure Mr. Norman He stated that there will Nayor Bredesen stated that since Nr. Hite Ilotion was seconded by Trustee VanValkenburg and unanimously carried. 1.k . Hite presented plans for the E4aico Trustee VanValkenburg's motion SHELL OIL COMPANY HEARING DATE FOR REQUEST FOR ZONING CHANGE for property on the northeast corner of West 77th Street and T.H. 100 from 0ffice.Building DisBrict to C-4 Commercial District was set for January 16 upon motion of Trustee Johnson, seconded by Trustee VanValkenburg and carried. 12/29 /66 R, E. DRAEGER HEARING DATE for request for zoning change for property on the southwest corner of Motor Street and Brookside Avenue from R-1 Residential District to R-2 Multiple Residence District was set for January 16 by motion of Trustee Tupa, seconded by Trustee Johnson and carried. 1967 SALARY SCHEDULE APPROVED. of all Public Works Departments of Richfield, St. Louis Park and Bloomington and that Edina wage rates and labor classifications are in line with these.municipalities. Mr. Robert McPherson of I.U.O.E. Local No. 49, presented a memorandum requesting (1) elimination of the "labor" classification , (2) creation of a "skilled" classification" equal to heavy equipment operat0r"for painters, carpenters and electricians, (3) increase in sick leave accumulation, (4) increased rates for sewer, water and park men, and (5) increased vacation allowance. Trustee Johnson stated that sick leave and vacation time currently offered by the Village are much more generous than in private industry. rates and that the Council only sets policy, jurisdictional settlements should be left up to management. approving 1967 salary schedule and moved its adoption: Mr. Hyde advised Council that surveys have been made , Mayor Bredesen stated that inasmuch as there is agreement on basic Whereupon Trustee VanValkenburg offered the following resolution RESOLUTION ESTABLISHING SCHEDULE OF MAXIMUM SALARIES AND WAGES FOR 1967 BE IT RESOLVED that the maximum salaries and wages for Village employees for the year 1967 be established as fol3ows: II' GENERAL ADMINISTRATION Director of Finance and Treasurer Assessor Deputy Assessors Village Clerk Administrative Assistant Office Clerical-fiscal-secretarial: Clerical I (6) Clerical I1 (5) Clerical 111 (5) Clerical IV (1) Prosecuting Attomey Legal Planning Technician Accountant-auditor PUBLIC SAFETY POLICE:': Director of Public Safety E Police Chief Captains Sergeants Detectives Patrolmen 3 years service 2 years service 1 year service First year Dispatchers-Desk Clerks (Monthly) Dispatchers-Desk Clerks (Hourly) T - FImf;:': .-- . - Chief Assistant Chief Lieutenants Firemen 3 years service 2 years service 1 year service First Year PER MONTH $1,200 975 660 450 575 (A) 375 430 490 545 500 650 550 (A) 1,200 800 712 686 660 637 617 567 452 2.65 810 . 775 712 660 637 617 567 .1 up to 2 lours , and $3.00 per Hri thereafter. $2.65 Der drill. .% ELECT1 ON Judges and Clerks Chairmen 2.00 addl. 1.25 per Hr. &Of the total compensation for members of the Police DeDartment $30.00 a month shall be considered as payment for taking at least 30 hours ogf-duty training from the Fire Department in fire fighting techniques, for aiding in the extinguishing of fires and for qualifying for Red Cross first aid certificates. :2:2$30.00 per month of the compensation paid firemen shall be considered as payment for such duties outside normal firemen's duties as may be assigned by the Village Manager. ZXXOff-duty police and paid firemen responding to calls and drills shall be paid the same as part-time firemen. ...... (A).- 1/2 of increase--January 1; 1/2 of increase--July 1. d 382 12/29/66 I PARKS AND RECREATION Director Program Supervisor Pool Manager (s) Assistant Pool Hanager (s Concession I*Ianager (s) Pool Cashier (s) Bathhouse - Concession Attendant ($1 Swimming Instructor (s 1 Life Guards {s) Efaintenance (s ) Baseball and Craft Supervisors (s) Baseball Assistants (s Hockey Coaches (s) Rink Attendants (s) Playground Leaders (SI Skating-Skiing Instructors ( s ) Park Keeper - I1 Park Keeper - I Golf Manager - Pro Golf Course Superintendent Golf Course Rangers, Starters, Cashiers, Lunch Counter Clerks Arena - Manager Arena - Assistant Manager Arena - Maintenance supervisor LIQUOR STORES Manager As si& ant Manager Assistant Managers-stores Clerks - Regular Clerks - Part time INSPECTORS Plumbing Building Deputy Inspector HEALTH Health Officer PER MONTH $ 900 750 465 415 1.75 per hr. 1.35 lr 1.00 'I 2.15 If , 2.05 1.60 lr 415 per mo. 1.60 per hr. 1.90 r 1.50 2.00 I' 5.00 Inst. Class 567 per mo. 512 625 685 I Sanitarian Director of Public Works and Engineering Civil Engineer Chief Engineering Aide Engineering Aide IV Engineering Aide I11 Engineering Aide I1 Engineering Aide I Superintendent, Public Works Superintendent, Water Foremen - (Street, sewer, water, parks and mechanic) Office Clerk Heavy Equipment Operators Light Equipment Operators Maintenance Men Heavy Equipment Operators - $575 monthly for not more than the Lighi Equipment Operators - $525 monthly for not more than the Mair?tenance Man - $420 monthly for not more than the first PUBLIC WORKS AND ENGINEERING The following minimum rates shall be paid: first six months' service. first six months' service. three months' service, and $445 monthly during the fourth, fifth, and sixth months of service. 2.00 per hr; 650 (A) 550 (A) 550 (A) $1,000 6 85 / 660 2.70 per hr. 2.30 ?' $ 725 750 550 (A) $ 25 850 . $1,225 950 775 (A) 665 610 555 / 455 950 815 70 0 5 35 637 567 512 Mechanic 637 Mechanic helper 567 Sewer-Water Utility Man 567 Janitor a 525. - # - Starting rates may be 20% less for the first three months of. seryice and 10% less for the second three months. (s) - Seasonal (A) - 1/2 of increase--January 1; 1/2 of increase--July 1. 283 i 12 /29/66 ATTEST: MANAGER'S SALARY ESTABLISHED FOR 1967. resolution and moved its adoption: Trustee VanValkenburg offered the following RESOLUTION ESTABLISHING SALARY OF VILLAGE MANAGER FOR 1967 BE IT RESOLVED bv the Village Council of the Village of Edina, Minnesota, that the salary of the Vifiage Manages be set at $21,000 for-the year 1967. MbTioS for adoption of the resolution was there were four ayes and no nays and the Trustee Johnson and on rollcall .. ATTEST : TA!&Ld&% A/ * Mayo5 Village Clerk CLARENCE KEMP LOT FRONTAGE VARIANCE FOR LOT 6, BLOCK 3, PROSPECT HILLS SECOND ADDITION TO BE REFERRED BACK TO BOARD OF APPEALS. Mr. Hite advised Council that a lot frontage variance request of Mr. Clarence Kemp for Lot 6, Block 3, Prospect Hills Second Addition had been approved by Board of Appeals (B-66-36) at its meeting of December 15, 1966. Part of the consideration was that Mr. Kemp' had stated he had received approval from owners of the two adjacent-lots; indicate that these property owners were never contacted. Upon recommendation of Mr. Hite, Trustee Johnson's motion that an Administrative Appeal be filed with the understanding that it be referred back to Board of Appeals for additional consideration was seconded by Trustee VanValkenburg and carried. Subsequent developments SOUTHWEST EDINA PLANNING STUDY TO BE CONDUCTED. Mr. Hite advised Council that there is a growing need for development planning in the southwest corner of the Village, east of Cahill Road and north of Dewey Hill Road. be made of the area which would include land use, road layout, drainage, sanitary sewer and park plans for approximately 350 acres, and recommended Brauer E Associates because of their knowledge of this area. agreement with Brauer & Associates for the sum of $3,500 as allowed in the 1967 Budget for a Southwest Edina Planning Study and that an attempt be made to assess part of the cost against utility and road improvements for the area, was seconded by Trustee VanValkenburg and carried. He advised that a planning study Trustee Tupa's motion to enter into I * LOTS 13 AND 14, BLOCK 18, NORMANDALE SECOND ADDITION TO BE PURCHASED FOR PARK PURPOSES. Mr. Hyde advised Council that the Park Board had recommended Durchase of Lots 13 and 14, Block ,18, Normandale Second Addition for a total cost of 56,000, whereupon Trustee VanValkenburg's motion approving purchase of the lots as recommended by the Park Board was seconded by Trustee Tupa and carried unanimously. ORDINANCE NO. 18-1 ADOPTED AT SECOND READING. which provides for disposal of unclaimed property for Second Reading. Trustee VanValkenburg offered the following ordinance for Second Reading and moved its adoption: Mr. Hyde presented Ordinance No. 18-1 Whereupon ORDINANCE NO. 18-1 AN ORDINANCE AMENDING ORDINANCE NO. 18 AS TO THE PERIOD WHICH MUST ELAPSE BEFORE THE SI DISPOSAL OF UNCLAIMED PROPERTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. "Any such property which has been in the custody of the Chief of Police for a period of 30 days may be sold to the highest bidder at public sale following two weeks' prior notice published in the official newspaper of the Village." Sec. 2. publication. The first sentence of Section 2 of Ordinance No. 18 of the Village is hereby amended to read as follows: This ordinance shall be in full force and effect upon its passage and Motion for adoption of the ordinance was there were four aye5 and no nays and the ATTEST: W Mayor . /' illage Clerk 12/29/66 ORDINANCE NO. 5lB-5 GRANTED SECOND READING. I%. Hyde presented Ordinance No. 5lB-5 which amends the Building Code as to various fees. Whereupon Trustee VanValkenburg offered Ordinance No. 5lB-5 for Second Reading as follows: --**I. ORDINANCE NO. 5lB-5 AN ORDINANCE AMENDING THE BUILDING CODE OF' THE VILLAGE AS TO PERMIT AND OTHER FEES -_ THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (d) of Section 4 6f Ordinance No. 51B (Building Code) of the Village, as amended, is hereby deleted and a new paragraph (d) is enacted to read as follows: "(a) by Section 303 of said Code, there is hereby added the following paragraph: "'(c) Demolition Fee. be $10 . 00. ''I Sec. 2. its passage and publication. To the schedule of building permit and plan-checking fees prescribed I The fee for a permit to demolish a building shall This ordinance shall be in full force and effect immediately upon Motion for adoption of the ordinance was there were four ayes and no nays and the ATTEST: a and on rollcall ORDINANCE NO. 51B-6 ADOPf'ED. for additional powers for the Building Inspector for Second Reading. Trustee VanValkenburg offered the following ordinance for Second Reading as follows: ORDINANCE NO. 5lB-6 AN ORDINANCE ADDING TO THE ENFORCEHENT PROVISIONS OF THE BUILDING CODE (ORDINANCE ,NO. 5lB) AND PROVIDING A PENALTY; AMENDING ORDINANCE NO. 5lB Mr. Hyde presented Ordinance No. 5b-6 which provides Whereupon THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: hereby further amended by renumbering Section 7 thereof as Section 9, and adding to said ordinance the following new Sections 7 and 8, as follows: "Sec. 7. Additional Powers of Building Inspector. In addition to all other powers conferred upon him in said Uniform Building Code as the Building Official, the Building Inspector shall also have the following powers: firm or company which performed the work or upon the owner or occupant of the premises where the work was done a written notice describing the location and nature of the violation and the steps to be undertaken to remedy the violation,.and ordering that such steps be taken within a reasonable period from the date of such service, which shall be not less than 5 days nor more than 90 days. Failure by the party so served to remedy the yiolation within the period specified shall be deemed a violation of this ordinance. or sbucture which has not received an occupancy certificate is or may be used or occupied, he may post on such premises a notice stating that use or occupancy thereof is prohibited until such certificate shall be issued, and that the notice may not be removed except by the Building Inspector or someone authorized by him to do SO. so by the Building Inspector shall be deemed to have violated this ordinance. punishable by a fine of not exceeding $100 or imprhonment in the Village or County jail for a period of not exceeding 90 days, with costs of prosecution in either case to be added." passage and publication. Section 1. Ordinance 5lB (Building Code) of the Village, as amended, is (a) He may, in case of any violation ofgaid Code, serve upon the person, (b) Whenever the Building Inspector has reason to suspect that abuilding Any person who removes such a sign without having been authorized to do "Sec. 80 Pepalty. Any violation of this ordinance shall be a misdemeanor, Sec. 2. This ordinance shall be in full force and effect immediately upon its Motion for adoption of the ordinance was there were four ayes and no nays and the ATTEST: 1. 3 0 -Ldd, ORDINANCE NO. 66B-1 iDOPTED. a minimum plumbing fee, whereupon Trustee VanValkenburg offered Ordinance No. 66B-1 Mr. Hyde presented Ordinance No. 66B-1 which establishes for Second Reading as follows and moved its adoption: i 12/29/66 ORDINANCE NO. 66B-1 AN ORDINANCE AMENDING ORDINANCE NO. 66B AS TO THE MINIMUM FEE FOR PERMIT AND AS 285 TO ITS ENFORCEMENT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. The second sentence of Section 29 of Ordinance No. 66B-1 of the Village is hereby amended to read as follows: GThe fee for each permit shall be $5." Sec. 2. llSec. 33. Procedure in Case of Violation. (a) (b) Section 33 of said ordinance is hereby amended to read as follows: The Plumbing Inspector of the Village shall notify the Village Manager In case of any violation, the Plumbing Inspector may serve upon the person, or his deputy of any violation of any of the provisions of this ordinance. firm or company which performed the work or upon the owner or occupant of the premises where the work was done a written notice describing the location and nature of the violation and the steps to be undertaken to remedy the violation, and ordering that such steps be taken within a reasonable period from the date of such service, which shall be not less than 5 days nor more than 90 days. served to remedy the violation within the period specified shall be deemed a violation of this ordinance . Sec. 3. publication. Failure by the party so This ordinance shall be in full force and effect upon its passage and there were four ayes and no nays and the or ATTEST: ORDINANCE NO. 149-3 ADOPTED. Mr. Hyde presented Ordinance No. 149-3, the Public Health Housing Code for Second Reading, whereupon Trustee VanValkenburg offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 149-3 AN ORDINANCE AMENDING ORDINANCE NO. 149 (PUBLIC HEALTH HOUSING CODE) , PROVIDING FOR ITS ENFORCEMENT AND ESTABLISHING A BOARD OF APPEALS THE VILLAGE COUNCIL OF THE VILLAGE; OF EDINA, MINNESOTA, ORDAINS: of the Village, the definition of "Enforcing Officer" is hereby amended to read as follows: follows : Section 1. "'Enforcing O€ficer' means the Public Health Sanitarian or his deputy." Sec. 2. "Sec. 5. In Section 5 of Ordinance No. 149 (Public Health Housing Code) Section 5, of said ordinance, is hereby amended to read as Enforcemeni of Housing Code. (a) Notice of Violation. Whenever the Enforcing Officer determines that there has been a violation of any one or more provisions of this ordinance, he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor, as enumerated in' (4) below. , Such notice shall: (1). be in writing,, (2) particularize the violation ol? violations alleged to exist or to have been committed and the repairs or improvemefits required to bring the condemned dwelling; dwelling unit or rooming unit into compliance with the provisions of this ordinance , (3) provide a reasonable time, but not less than 10 days in any event, for the correction of the violation or violations particularized, (4) be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for the violation; and Service shall be as provided for personal service by the rules of civil procedure for courts of record in Minnesota, or by registered or certified mail, return receipt requested, delivered to the addressee only. certified mail, the Enforcing Officer shall make a record giving details regarding the mailing. If one or more persons to whom the notice is addressed cannot be found or served after diligent effort $0 to do, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, in which event the Enforcing Officer shall include in the record a statement as to why such posting was necessary. Whenever the Enf ording Off icer finds any dwelling, dwelling unit, or rooming unit which does not-conform to the standards established by this ordinance, and further finds (1) that,by reason of such nonconformity it presents an imminent and serious hazard to public health, or to the physical or mental health of the occupants therein, and (2) that the repairs or improvements required to remove such hazards do not appear reasonably possible within a time which will be adequate to eliminate such imminent hazard, the written notice of violation provided for in subparagraph (a) of this section shall also state that (5) inform persons concerned of their rights to appeal under this ordinance. If service is made by registered or "(b ) Imminent Hazards-Temporary Condemnation . t 12/29/66 the pbemises are unfit for human dwelling unit or rooming unit be habitation and vacated'either shall order that such dwelling, immediately or.after such period time as-the Enforcing Officer shall find reasonable in view of the circumstances, pending the completion of action to eliminate such hazards. shall be served by delivering a copy thereof to any occupant of suitable age and discretion and by posting the same at a conspicuous place upon the structure. In the case of a hazard which affects more than one unit in a multiple'residence, service shall be made upon such an occupant of each unit, except that the failure to make service upon an occupant of one mit shall not affect the validity or effect of service of notice upon an occupant of other units. that persons aggrieved may appeal sach notice-to-the.Board of Health-Appeals by filing amotice of appeal with the Village Clerk and may be heard on such appeal within 48 hours after such filing, as more specifically provided in this ordinance. accordance with subparagraph (a) of this section and the person or persons In such case the notice Such notice shall also state "(c) Failure to Correct Deficiencies. Nhenever notice has been given in of -- responsible have failed to correct the deficiencies specified therein within the time allowed, the Enforcing Officer may either: correction of the deficiencies; or such dwelling, dwelling unit, or rooming unit be vacated because-unfit for human habitation. Such notice shall: (1) particularize the violation*or*violations which remain uncorrected, and (2) provide a reasonable time, but not less than 30 days within which to vacate theppremises. notice to vacate may be served personally or by registered mail in accordance with the procedures set forkh in subparagraph (a) of this section. (a), (b).or (c) of this section, may, within 15 days after service of the same, appeal therefrom to the Board of Health Appeals .by filing a written notice of appeal with the Village Clerk. In the case of an appeal from a notice to vacate pending elimination of imminent hazards issued pursuant to subparagraph (b), the appeal shall be heard within 48 hours from the time of'filing thereof'unless the appel- lant requests a hearing at a later time convenient to him and to the Board. case of appeals from other notices, the appeal shall be heard at such time as may be established by the Board, but the taking of an appeal from a notice other than one to vacate pending the elimination of imminent hazards issued under subparagraph (b) shall, during the pendency of such appeal, restrain the Village and its officers from proceeding in any manner to enforce such notice. All appeals under this section shall be heard by a Board of Health Appeals consisting of the Mayor, the Village Manager and the Health Officer. At such hearing the Enforcing Officer shall present the evidence with respect to the existence of a violation, and the appellant and his attorney may call and cross-examine witnesses and make such argument with respect to the facts and law as may be relevant to the alleged violation. The Board may obtain'the advice of the Village Attorney or his designate in connection with the conduct of the hearing or the action to be taken. its members if such member is not reasonably available, but in no case shall it act without the affirmative vote of any two. in whole or in part or deny the ejcistence of a violation of this ordinance, and if a violation is found to exist, confirm or modify the corrective action to be taken or the order requiring vacation of the premises and the time allowed therefor. (1) inditing upon a showing of good cause, extend the time for (2) serve upon the owner and occupant a written notice requiring that Such written extension of time or "(d) Appeals. Any person aggrieved by a notice issued under subparag$aphs . In the "(e) Board of-Health Appeals. The Board may act in the absence of any one of The Board may, upon the hearing, affirm "(f) Correction of Violation by Village and Assessment of Cost. In all cases of violation of this ordinance to which MinnesotaStatutes, Sections 145.22 and 185.23 are applicable, the Enforcing Officer may proceed as therein provided to-abate or remove the violation and, if deemed necessary, to have the cost thereof specially assessed against the lot or parcel where the violation was located. said statutory remedies and procedure may be used either concurrently with, or separate from, the procedures prescribed in this ordinance. In suitable cases, ll(g) Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit which has been desimated as unfit for human habitation and Dlacarded as such shall again be used for human habitation until written approval is-secured from, and such placarding is removed by, the Enforcing Officer. . remove such placard whenever the defect'or defects upon which the designation and placarding actzon were based have been eliminated and the dwelling, dwelling unit or rooming unit has been made to conform to the standards established by this ordinance. The Enforcing Officer shall I I I "(h) Unlawful to Deface Placard. It shall be unlawful for any person to deface, remove or obscure any placard affixed under the provisions of this -- - ordinance . It Sec. 3. Repealer. Section 12 of said ordinance is hereby repealed. Sec. 4. Section 13 of said ordinance is hereby amendedto read as follows: "Sec. 13. PenalTy. Any person who (1) fails io correct any violation of this ordinance after notificatidn thereof by the Enforcing Officer within the time fixed by him or the Board of Health Appeals, or (2) who fails within the time specified to vacate any premises designated as unfit for human habitation under Section 5(b) or 12/29/66 P37 I 5(c) of this ordinance, or (3) who, having vacated premises designated as unfit for human habitation, shall again occupy such premises without obtaining written approval of the Enforcing Officer, or (4) who defaces, removes or obscures any placard put up under said Section 5, is guilty of a misdemeanor, and shall be subject to a penalty of a fine not exceeding $100 or ftiprisonment in the Village or County jail for a period not exceeding 90 days, with costs of prosecution in case of either fine or imprisonment. '' Sec. 5. its passage and pubiication. This ordinance shall be in full force and effect immediately upon Motion for adoption of the Ordinance was seconded by Trustee Tupa and on rollcall there were four ayes and no nays and the ordina@was adopted. ~ Mayor ATTEST : & Village Clerk b- J ORDINANCE NO. 141A-1 GRANTED FIRSTaREADING. Mr. Hyde presented Ordinance No..141A-1, which prohibits dumping of refuse in the Village. Ordinance No. 14lA-1 for First Reading as follows: Trustee VanValkenburg offered ORDINANCE NO. 141A-1 AN ORDINANCE DEFINING AN ADDITIONAL MISDEMEANOR AND PRESCRIBING A PENALTY; AMENDING ORDINANCE NO. l4lA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended by renumbering Section 15 of said ordinance as Section 16, and adding to said ordinance a new Section 15, reading as follows: alley, or other public place, or upon any private property whether owned by such person or not, within the Village except it be in proper containers for collection or with express permission granted by the Public Health Sanitarian. Nor shall any person throw or deposit any refuse in any stream or other body of water. As used herein, "refuse" shall have the meaning given to it in Section 1 of Ordinance No. 211A. upon its passage and publication. Section 1. Ordinance No. 141A (Misdemeanors) of the Village is hereby "Section 15. Dumping. No person shall place any refuse in any street, Section 2. This ordinance shall be in full force and effect immediately SUBURBAN RATE AUTHORITY DIRECTOR AND ALTERNATE DIRECTOR APPOINTED. Trustee VanValkenburg offered the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : J. N. Dalen is hereby designated as a director of the Suburban Rate Authority, and Russell C. Hedlund is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1967 and until their successors are appointed. I : # . Motion for adoption of the resolution was there were four ayes and no nays and the Trustee Tupa and on rollcall DELEGATE AND ALTERNATE APPOINTED TO HENNEPIN COUNTY MUNICIPAL LEAGUE. offered the following resolution and moved its Bdoption: Trustee Tupa . RESOLUTION DESIGNATING DELEGATE AND ALTERNATE DELEGATE TO HENNEPIN COUNTY MUNICIPAL LEAGUE BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that Warren C. Hyde is hereby designated as Delegate and James VanValkenburg is hereby designated to serve as Alternate Delegate-of the Hennepin County Municipal League'for the year 1967 and until their successors are appointed. Motion for adoption of the resolution was s there were four ayes and no nays and the re ATTEST: Village Clerk METROPOLITAN GOVERNMENT ACTION BY HENNEPIN COUNTY MUNICIFAL LEAGUE URGED TO BE POSTPONED, Upon recommendation of Mr. Hyde, Trustee VanValkenburg offered the following resolution and moved its adoption: 12/29/66 RESOLUTION URGING POSTPONEMENT OF ACTION ON METROPOLITAN GOVERNMENT BY HENNEPIN COUNTY MUNICIPAL LEAGUE BE IT RESOLVED by the Village Council of the Village of Edina that the Hennepin County Municipal League postpone action on proposed legislation relative to Metropolitan Government in order that Delegates have more opportunity to study the plan. Motion for adoption of the resolution was seconde Trustee Johnson" and on rollcall there were four ayes and no nays and the INDIAN HILLS SANITARY SEWER DISCUSSED.' Mayor Bredesen stated that he had a letter from Mr. Jerome J. Peterson, 6705 Cheyenne Trail, who had inquired when sanitary sewer would be available in the Indian Hills area and particularly in Cheyenne Trail.* Clerk advised that she had pitten to Mr. Peterson stating that this improvement would be among project? for which hearing dates would be set at the meeting of January 9. * , STATEMENT OF EXPENDITURES AND RECOMMENDED- TRANSFERS was presented by Mr. Dalen, reviewed and approved by motion of Trustee Tupa, seconded by Trustee Johnson and carried. .. TREASURER'S REPORT AS OF NOVEMBER 30, 1966, was presented by Mr, Dalen, reviewed and ordered placed on file by motion of Trustee Johnson, seconded by Trustee.Tupa and carried. .. RECREATION CENTER FUND LOAN FROM P.I.R. FUND APPROViD. Statement of Income and Expense as of November 30, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Trustee Johnson, seconded by' Trustee VanValkenburg and carried. motion approving a loan in the amount of $100,000 from the P.I.R. Fund to the Recreation Center Fund was seconded by Trustee VanValkenburg an$ unanimously carried . $200 REWARD TO BE PAID FOR INFORMATION LEADING TO APPREHENSION OF POOL VANDALS. Mr. Hyde advised Council that the two boys who were responsible for the apprehension and identification of the vandals who had caused damage to the Municipal Pool would be eligible for a reward of $100 each as soon as the vandals are ajudicated in Juvenile Court. Recreition Center Fund Upon recommendation of Mr. Dalen, Trustee Johnson's c SCHOOL DISTRICT AND VILLAGE TO ENTER INTO JOINT STUDY ON GLEASON ROAD SCHOOL,SITE. Nr. Hite advised Council that he had attended a School Board Meeting at which it was proposed that the Village and the School District consider the possibility of cooperating on a study for a school-park facility at the site of the proposed Gleason Road Elementary School. He stated that consideration is being given to selling presently owned school Cost of the study would be approximately $3,000. e? e2 U kP c#; b4 land, which would be developed as residential property, and to purchasing an additional parcel of .land from the Gleason family. Trustee VanValkenburg then moved that the Village participate with -the School District by sharing half of the cost of an ovenall study and enter into negotiations for acquisition of the Gleason property. CLAIMS PAID. for payment of the following Claims as per Pre-List: Construction Fund, $99,656.50; Park, Park Construction, Swim Pool, Golf Course and Arena, $73,581.37; Water Fund, $40,268.56; Liquor Fund, $78,550.67; Sewer Rental Fund, $2,030.00; Improvement Funds, $2,369.20; J.S.D. 1, Poor Fund and P.I.R. Fund, $115,432.49; Total, $464,445.19. Motion seconded by Trustee Tupa and carried. Zviotion of Trustee Tupa was seconded by Trustee Johnson and carried General Fund, $52,566.40; TRUSTEE TUPA THANKED FOR SERQICES TO VILLAGE. following resolution and moved its adoption: Trustee VanValkenburg offered the RESOLUTION WHEREAS, FRANK'J. TUPA has served as Trustee of the Village of Edina for a period of twelve years from January 1, 1965, until December 311 1966, and WHEREAS, Mr. Tupa has given generously and energetically of his time and impartially in his decisions, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that sincere thanks and grateful appreciation be extended to FRANK J. TUPA for his untiring efforts in behalf ofthe Village of Edina. 12/29/66 i 28g- Motion for adoption of the resolution was seconded by Trustee Johnson and on accepted, ATTEST: rollcall there were three ayes and one the resolution was unanimously The agenda's business having been covered, Trustee Johnson's motion for adjournment was seconded by Trustee VanValkenburg and carried. Adjournment at 5:45 P.M.