HomeMy WebLinkAbout19690929_specialMINUTES OF THE SPECIAL MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
MONDAY,.SEPTEMBER 29, 1969
Members answering rollcall were Councilmen Courtney, Shaw and VanValkenburg
who served as Mayor Pro Tem in the absence of Mayor Bredesen.
Johnson and Mayor Bredesen arrived shortly after the meeting convened.
Councilman VanValkenburg continued to preside.
Councilman
1970 BUDGET ADOPTED.
requested at $15,000 budget for 1970 and that Council had asked that one of
its members speak to this request. Mr. Richard E. Byrd, Chairman of the Human
Rights Commission, urged favorable consideration of the request, stating
that the Commission considers itself "proactive" rather than "reactive."
urged that approval be granted the $15,000 request so that a full time pro-
fessional Director of Human Rights could be hiredcby the Village. This .
action, he said, would make Edina a leader among t'he suburban communities in
promoting education in the field of Human.Rights.
question as to whether a program,of this sort might not be a duplication of
efforts of the State of Minnesota Human Rights Co'mmission, Mr. Byrd said that
Edina had different problems than.the State of Minnesota. Mr. E. A. Ander-
son of the Human Rights Commissiori said that this ac'tion could prevent a, '
march in the Village with possible property damage.
that he does not think that this program would duplicate efforts of the State
and that if Council is going to implement objectives set forth in the ordi-
nance, professional staff assistance is absolutely necessary.
Courtney suggested exploring joining other suburbs, with each municipality
contributing a share of the cost.
competent director and noted that a bad one could do more harm'khan good.
Councilman Courtney suggested exploring joining other suburbs, with each
municipality contributing a1 share of the cost, as had been the alternative
recommendation of the Human Rights Commission.:
of a competent director and said that a bad one could do more harm than good.
Councilman Johnson's motion to include $15,000 in the 1970 Budget for the
Human Rights Commission died for lack of a second. Following considerable
discussion, Councilman Johnson's motion that $9,000 be allotted to the Human
Rights Commission and that the Commission should then come back to Council
with a recommendation as to how the money should be spent. The motion also
included that neighboring suburbs be contacted immediately with the idea of
hiring a Director of Human Rights who would seqe all of the municipalities
cooperating. Motion was seconded by Councilman Courtney and carried.
Councilman VanValkenburg thereupon offered the adoption,of the 1970 Budget as
amended after many hours of prqvious deliberation, with the addition of
$9,000 for the Human Rights Commission, noting that this Budget reflects a
mill rate of 28.55 in comparison with the 1969 mill rate of 28.53, and moved
its adoption as follows:
Mr. Hyde noted that the Human Rights Commission had
He
In reply to Mayor Bredesen's
Councilman Johnson said
Councilman
He questioned the availability of a
He questioned the availability
ORDINANCE -NO. 16- 13
ORDINANCE ADOPTING BUDGET FOR THE VILLAGE OF EDINA FOR
THE YEAR 1970, AND ESTABLISHING TAX LEVY FOR THE YEAR
1969, PAYABLE IN 1970
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN AS FOLLOWS:
Section 1.
hereby adopted as hereinafter set forth; and funds are hereby appropriated
therefor:
The Budget for the Village of Edina for the calendar year 1970 is
GENERAL FUND
GENERAL GOVERNMENT
Mayor and Council
Planning
Administration
Finance
Elect ion
Assessing
Legal and Court Services
Library
PUBLIC WORKS
TOTAL GENERAL GOVERNMENT
Administration
Engineering
Highways
.TOTAL PUBLIC NORKS
$ 17,710
27,210
80,979
64,590
10,371
39,060
25,290
74,594
$ 339,804
$ 26,920
144,685
709,626
881,231
-2 2.8 9/29/69 ' PROTECTION OF PERSONS AND PROPERTY
Police
Fire
Civilian Defense
Public Health
Animal Control
Inspect ion
TOTAL PROTECTION OF PERSONS
AND PROPERTY
NON-DEPARTMENTAL EXPENDITURES
Oontgngencies
Settlement of Suits
Special Assessments on Village Property
Unallocated Capital Outlay
Capital Improvements
Human Rights Commission
TOTAL MISCELLANEOUS AND
CONTINGENCIES
TOTAL GENERAL FUND
PARK FUND
Administration'
Recreation
Maintenance
Capital Outlay
TOTAL PARK FUND
$6 12 342
264,372
4,085
28,567
15 600
54,247
979,213
$ 15,000
500
50,000
50,845
85,000
9,000
210,345
$2,410,593
$ 82,985
56,155
119,510
16,800
$ 275,450
Section 2.
as hereinafter set forth:
GENERAL FUND
Estimated Receipts other than General Tax Levy are hereby established
Village share - State Liquor and Cigarette Taxes $132,004
Municipal Court Fines . . 47,500
Departmental Services Charges 179,911
Other 72 , 450
Transfer from Liquor Fund 18 , 389
State Apportionments - Sales Tax 296,079
Library Rent - Hennepin County 47,070
Licenses and Permits 110,900
I
TOTAL GENERAL FUND $ 904,303
PARK FUND
Registration Fees $ 27,000
Other 750 .
Transfer from General Fund 126,611
TOTAL PARK FUND 154,361
PARK CONSTRUCTION FUND
Transfer from General! Fund 80,000
TOTAL ESTIMATED REC.EIPTS $1,138 , 664 Section 3. That there be and hereby is levied upon all taxabmd
personal property in the Village of Edina, a tax rate sufficient to produce
the amounts hereinafter-set forth:
For
For,
For
For
For
For
the General Fund
the Park Fund
the Poor Fund
the Firemen's Relief
Fire Protection
$1,506,290
121,090
13,980
6,000
.16,900
Bonds and Interest 64,500
$1,728,759
Section 4. This ordinance shall be in effect from and after its adoption
and publication according to law
Notion for adoption of the ordinance was seconded by Councilman Johnson and
onxroll&all there were five ayes and no A;he nays
adopted, with waiver of Second Reading.
ATTEST : ;
Mayo r L A. ho,
Village Clerk
STREET IT!PROVEbIENT BA-120 REASSESSED.
by Clerk, approved as to form and ordered placed on file.
notice given, Public Assessment Hearing was conducted and action taken as
hereinafter recorded. Mr. Hyde recalled that following the assessment on
September 8, 1969, the question had been raised as to the legality of
Affidavits of Notice were presented
Pursuant to due
9 /29 169
I
the assessment on a l'per lot" basis when notices to property owners had indicated
a "per foot" basis. Mr. Hyde presented Analysis of Assessment showing total
construction cost at $40,402.34, proposed to be assessed against 67 assessable
lots.at $603.02 per lot. This recommendation was made in view of the petition
for the improvement being on a "per lot" basis.
lives on Olinger Circle, said that he was the spokesman for a majority of
residents in the area who were requesting that the assessment be made on a
front foot basis since the alternative per lot assessment would double many
of their assessments.
benefit only 18%, 22% of the residents would break even and 60% would pay more
for the improvement.
in the Village are on a front foot basis, this improvement should be assessed
in a like manner.
the assessment was based on Mr. Cardarelle's petition does not apply, since
the improvement was proposed to be assessed either way at the Improvement
Hearing.
George Scott, who said that the method of assessment. should be consistent
and quoted from'the dhcision of Edina va Joseph in 1963. Mr. Shaw said that
there was no similarity in the two cases.
Ray Larson, 6044,Olinger Circle, and Mr. John McLennan, 6060 Olinger Circle,
all requested that the assessment be made on a per foot basis.
Ziegler, 5805 Amy Drive, Mr. Ronald Brambilla, 6000 Olinger Blyd., Mr. Donald
Soe, 5813 Amy Drive, Mr. Douglas Hart, 6012 Olinger Cirle, and Mr. Ernest
Talbert of Sun Road urged that the assessment b5 made on a per lot basis as
did Mr. Frank Cardarelle who said that a per lot basis was the only fair and
equitable way to distribute the cost in view of the fact that the lots sold so
quickly.
did not give correct information to those who purchased the houses.
to a statement of Mr. Keven Curry that the assessment should be made on a
front foot basis since properties with smaller frontages have smaller lots,
Dounc5.lman Johnson noted that the assessment is made on benefit, not on the
value of the lots. Following considerable discussion as to methods of assess-
ment and benefits gained, Mayor Bredesen's motion assessing the improvement on
a per lot basis since it: was not the Council's responsibility if builders were
remiss in not advising home buyers correctly, and since he feels that this
is the only equitable method of assessing the property was seconded by Council-
man VanValkenburg who reiterated that Council is attempting to assess the
property equitably and that there are court cases which uphold various methods
of assessments for the same type of improvements. Mayor Bredesen then offered
.
Mr. Robert Schumacher, who
9 He indicated that the per lot method of assessment would
He said that since the majority of street assessments
Mr:.YCHumacher added that the Village's cantenfion that
Mr. Schumacher said that he had called Hennepin County Attorney,
Mr. John Brierly, 5820 Amy Drive, Mr.
Mr. John
He said that it was not the responsibility of the Council if builders
In reply
the following resolution assessing the- improvement on- a
moved its adoption:
RESOLUTION ADOPTING AND CONFIRMING
SPECIAL ASSESSMENT LEYIED ON ACCOUNT OF
STREET IMPROVEMENT BA- 120
BE IT RESOLVED by the Village Council of the Village of -
follows :
1. The Village has given notice of hearing as required
per lot basis and
Edina, Minnesota, as
by law on the proposed --
assessment roll for the improvement of Street Improvement BA-120, and at such
hearing held on September 29, 1969, has considered all oral and written ob-
jections presented against the levy of such assessments.
2. Each of the assessments set forth in the assessment roll on file in the
office of the Village Clerk does not exceed the local benefits confered by
said improvement upon the lot, tract or parcel of land so assessed, and all
of said assessments are hereby adopted and confirmed as the proper assess-
ments on account of said respective improvement to be spread against the
benefited lots, parcels and tracts of land described therein.
3.
first of said installments, together with interest at the rate of 5% per
annum on the entire assessment from the date hereof to December 31, 1970,
to be payable with the general taxes for the year 1969.
4. The Village Clerk shall forthwith prepare and transmit to the County
Auditor a copy of this resolution and a certified duplicate of said assess-
ments, with each then unpaid installment and interest set forth separately,
to be extended on the tax lists of the County in accordance with this resolu-
tion. *
5. The Clerk shall also mail notice of any special assessments which may be
payable by a county, by a political subdivision or by the owner of any right
of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4,
and if any such assessment is not paid in a single installment, the Village
Treasurer shall arrange for collection thereof in installments, as set forth
in said section.
The assessments aha11 be payable in ten equal annual knstallments, the
230 I 9/29/69
Motion for adoption of the resolution was seconded by Councilman VanValkenburg
and on rollcall there were five ayes and no s and the resolution was
ATTTST: adopted. &@A*. Nay0 r
Village Clerk 0 YLd h
RIDGE ROAD SANITARY SEWER PETITION RECEIVED.
emergency petition had been received for Sanitary Sewer on Ridge Road and
noted that the gskimate-LpFepared indicated a project cost of $34,317.80 which
is proposedto be assessed against 7 lots at $4,902.54.
reason for the high cost was that it will be,necessary to go so deep.
Esse, Village Sanitarian, said that cheeks made by him revealed that.both
5013 and 5021 Ridge Road were draining th the pond and that he-considered the
situation very serious. (Councilman Johnson left the meeting at this point.)
Councilman
seconded by Councilman Courtney and carried.
the €allowing resolution and moved its adoption:
. -- * . .'* RESOLUTION PROVIDING FOR PUBLIC HEARIhG ON
1.
to the feasibility of the proposed Sanitary Sewer described in the form of
Notice of Hearing set forth below, and as to the estimated cost of such
improvement; the report is hereby approved and directed to be placed on file
in the office of the Village Clerk.
2. This Council shall meet on Monday, October 20, 1969, at 7:OO p.m. in the
Edina Village Hall, to consider in public hearing the views of all persons
interested in said improvement.
3.
placezand purpose of said meeting to be published in the pfficial newspaper
once a week for two successive weelcs, the second of which publication is to be
not less than three days from the date of said meeting, and to mail notice to
all affected properties in substantially the following form:
Nr. Hyde advised Council that an
H? noted that the
Mr.
Shsw's motion setting hearing date for October 20, 1969, was
Coync503;man JShaw thereupon offered
SANITARY SEWER P- SS-290 AND APPURTENANCES'
The Village Engineer, having submitted to the Council a preliminary report as
The Clerk is hereby'authorized and directed to cause notice of the time,
(Official Publication)
VILLAGE OF EDINA
NOTICE OF PUBLIC HEARING ON
. SANITARY SEWER
IMPROVEMENT NO. P-SS-290
- HENNEPIN COUNTY, MINNESOTA
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, October
20, 1969, at 7:OO p.m. to consider the following proposed improvement to be
constructed under the authority granted by Minnesota Statutes, Chapter 429.
The approximate cost of said improvement is estimated by the Village as set
forth below: ESTIMATED COST
CONSTRUCTION OF VILLAGE SANITARY SEWER AND
. APPURTENANCES IN THE FOLLOWING:
Ridge Road from Interlachen Road to 510 feet South $34,317.80
The area proposed to be assessed for the cost of the proposed Sanitary Sewer
includes Lots 1, 2 and 3, Auditor's Subdivision #325; and Lots I, 2 and 3,
Block 1 liargaret Cosgrove s Addition.
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution w
on rollcall there were five ayes and no
ZONING MORATORIUM EXTENDED TO JANUARY 1 1970.. (Councilman Johnson left
the meeting at this point.)
was needed after receipt of the report of Black & Veetsch, whereupon Council-
Fan VanValkenburg offered the following resolution extending the zoning mora-
toriumto January l, 1970, as recommended by the Village Manager and moved its
adopt ion :
Mr. Hyde advised Cpuncil that more information
RESOLUTION
BE IT RESOLVED by the Edina Village Council that the zoning moratorium be
extended to January 1, 1970.
Motion for adoption of the resolution was seconded by Councilman Courtney and
9/29/69 231
- on rollcall there were 3hre four ay
adopted .
ATTEST :
- YL&- &IO
Village Clerk
MAPLE ROAD NEIGHBORHOOD MEETING TO BE HELD ON OLD LIBRARY SITE.
ton noted that a decision would have to be made on the old Library site and
pointed out four alternatives: Return the property back to the owners
as it now exists; (2) Return the property property and include the 50 foot
buffer; ' restrictions; (4) Condemn the rights of the property owners on Maple Road to EsQa~.~ha~-~h~.res~%ic~~~n~ are,vaLid._. Following considerable discussion,
Councilman Shaw's motion that the Maple Road residents be sent a complete
dgscrip'tihn of the bank's proposal and that a neighborhood meeting be held
in an attempt to gain approval of this plan yas seconded by Councilman Courtney
and carried.
Mr. Hoisingz
(1)
(3) Obtain approval of the residents on Maple Road to remove
HU". RIGHTS COMMISSION REQUEST FOR REMOVAL OF CRECHE RECEIVED.
Bredesen advised Council that the Human Rights Commission had written him
requesting that the Creche which is placed each Christmas by Edina churches
in front of the Village Hall be eliminated.
the Human Rights Commission,.urged elimination of the Creche as recommended
by the Human Rights Commission since it is on government property.
Bredesen commented that Christians in the Village should have rights also and
noted that any other religious group is welcome to put up their symbols if
they wish.
by Councilman Courtney and carried.
Mayor
Mr. Richard Byrd, Chairman of
Mayor
The request was ordered filed by motion of Councilman Shaw, seconded
BENTON AVENUE INTERCHANGE TO HAVE NORTH RAMP ONLY.
that the Metropolitan Council had approved the Benton Avenue Interchange
with a north ramp only.
VanValkenburg's motion that Councilman %haw talk to Mr. Dunt.lg of-the&k- . --
Eo~oligan..,Counck~ in an effort eo get a south ramp on the east side was
seconded by Councilman Courtney and carried.
NORTHERN STATES POIiER COMPANY RATE CHANGE DISCUSSED. Mr. Hyde advised
Council of a new schedule of rates-for Northern States Power Company which
became effective September 15, 1969, to provide for a monthly charge for
underground residential service of $2.00 to a period not to exceed 30 years
from date of installation and to provide that at any time the customer has
an option to make a nonrefundable contribution of $220.
Mr. Hyde advised Council
Following considerable discussion, Councilman
No action was taken.
PAMELA PARK EASEMENT APPROVED.
owner at 5903 Oaklawn Avenue has requested an easement over Pamela Park
property on the::sbuth-side of his lot.
granted so that the owner could remodel his home and build a garage in the
back yard.
Councilman Courtney's motion approving a 20 foot easement 5s rgcommended by
the Park Board +zas seconded by Councilman VanValkenburg and carried.
Mr. Hyde advised Council that the property
This 20 foot easement would be so
The Park Board has recommended approval of this easement.
SALARY ADJUSTMENTS MADE.
Shaw offered the following resolution and moved its adoption:
BE IT RESOLVEP by the Edina Village Council that the salary for three members
of the Engineering Staff be increased to $12,000 per year as of October 1,
1969.
Motion for adoption of the resolution was seconded by Councilman VanValkenburg
and on rollcall there were four ayes
adopted.
ATTEST :
Upon the recommendation of Mr. Hyde, Councilman
RE SOLUTION
ays and the resolution was
- EASWNT VACATION AMENDED.FOR LOTS 5 AND 6, BLOCK 5, EBiNA INTERCHANGE CENTER.
Mr. Hyde recalled that a storm sewer easement for Lots 5 and 6, Block 5,
Edina Interchange Center which had been vacated on November 6, 1967, should
have been designated a "Drainage and Utility Easement" which designation is
now necessary for transfer of the property.
offered the following resolution and moved its adoption:
Councilman Shaw thereupon
9/29/69
I
RESOLUTION
BE IT RESOLVED that the resolution of November-6, 1967, vacating the easement
over Lots 5 and 6, Block 5, Edina Interchange Center be, and it hereby is,
amended to read as follows:
RESOLUTION VACATING DRAINAGE AND UTILITY EASENENT IN
EDINA INTERCHANGE CENTER ADDITION
WHEREAS, two weeks' published, posted and mailed notice of a Hearing
to be held on November 6, 1967, at 7:OO p.m., on the proposed vacation
of the Drainage and Utility Easement hereinafter described has been given
and made and a Hearing has been held thereon by the Village Council:
NOW, THEREFORE, be it resolved by the Village Council of the Village of
Edina, Hennepin County, Ninnesota, that the following described Drainage
and Utility Easement in the Edina Interchange Center Addition be shown
on recorded plat thereof, Hennepin County, Minnesota, be and is hereby
vacated effective December 20, 1967, unless on or before said date this
Resolution is amended, annulled or rescinded by the Village Council:
A strip of land ten feet (10') in width lying five feet (5') on
each side of the common boundry between Lots 5 and 6, Block '5,
Edina Interchange Center, according to recorded plat thereof except
the South ten feet (10' thereof.
Motion for adoption of the resolution was seconded by Councilman VanValken-
burg and on rollcall there were four ayes a
adopted . n nays and the resolution was L Ad, ATTEST : e
blayo r
Village Clerk
1970 HENNEPIN COUNTY GENERAL HOSPITAL BUDGET RECEIVED.
Council that the 1970 3ennepin30ouh$y General Hospital Budget as approved by
the Board of Hennepin County Commissioners,will be 3.36 mills as opposed to
3.72 mills for 1969. No action was taken.
N6 'further business appearing, Councilman Shaw's motion for adjournment was
Plr. Hyde advised
seconded by Councilman Courtney and carried. Adjou
Village Clerk
c
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