HomeMy WebLinkAbout19700615_regularMINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
MONDAY, JUNE 15, 1970
Members answering rollcall were Councilman Courtney, Shaw', VanValkenburg and
Mayor Bredesen.
MINUTES of June 1, 1970, were approved as submitted by motion of Councilman -. VanValkenburg, seconded by Councilman Shaw and carried.
I
I
PUBLIC HEARINGS CONDUCTED ON NUMEROUS ASSESSMENTS..
presented by Clerk, approved as to form and ordered placed on file.
to due notice given, assessment hearings were conducted and action taken as
hereinafter recorded:
A. WATEWIN N0.*234 (To service Lots 10, 11 and 12, Block 2, Valley View
Heights Addition) Rs.rXgdmmended b$zEr. Hyde, Councilman Shawls motion poatpon-
ing the hearing to Juig 6, 1970, due to an error which necessitated adjusting
the proposed assessment cost was seconded by Councilman Courtney and carried.
B. ORNAMENTAL STREET LIGHTING IMPROVEMENT L-6 XN THE FOLLOWING:
Affidavits of Notice were
Pursuant
Parklawn Avenue from France Avenue to I?, 77th St.
W. 76th Street from France Ave. to Parklaxai,Ave.
Parklawn Court from Parklawn Ave. to cul-de-sac .
W.'77th St. from Parklawn Ave. to 770' East of Nest line of Sec. 31, T. 28,
Computer Ave. from W. 77th Street to Viking Drive
Viking Drive from Computer-Ave. to T.H. 100
'Re 24.
Mr. Hyde presented analysis of assessment showing total construction cost at
$44,384.76, proposed to be assessed against 17,564.21 assessable feet at
$2.527 per assessable foot as against estimated assessment of $3.20 per assess-
able foot.
(See Resolution Ordering Assessme-nt later in Minutes.)
C. ORNAMENTAL STREET LIGHTING IMPROVEMENT L-5 IN THE FOLLOWING:
No objections were heard and none had been received prior hereto.
Sunnyside Road from Highway #lo0 to Grimes Avenue
Edgebrook Place
Browndale Avenue from North line of Country Club District Brown Section
to South line of Lot 2, Block ly, Country Club District Brown Section
Moorland Avenue from Sunnyside Road to Country Club Road
Edina Blvd. from Sunnyside Road to Country Club Road
Wooddale Ave. from North line of Country Club District Brown Section to
Drexel Avenue from Sunnyside Road to Country Club Road
Casco Avenue from Sunnyside Road to Country Club Road
Bruce Avenue from Sunnyside Road to'West 50th Street
Arden Avenue from Sunnyside Road to West 50th Street
Bridae Street from Minnehaha Creek to Arden Avenue
Country Club Road from Browndale Avenue to Arden Avenue
Edina Court
West 50th Street
I
Mr, Hyde presented Analysis of Assessment showing total construction cost to
be assessed (after payment by the Village of $28,800.00 for 72 lights at $400.00
each) at $62,010.54, proposed to be assessed against 558 assessable lots at
$110.69 per lot as against proposed assessment of $111.13 per lot. Mr. Hyde
added that eight lots in Edina Court Addition were deleted due to no benefit
which accounts for the difference between the $109-56 stated in the mailed .
notices, A letter from Mr. Kenneth Carlson, 4115 Sunnyside Road, complaining
about the condition of the boulevard on the West side of Bruce Avenue from
Sunnyside Road to 4502 Bruce Avenue was noted. No objections tQ the proposed
assessment wese heard.
D. STORM SEWER IIIPROVEMENT NO. 120 IN THE FOLLOWING: .
(See Resolution Ordering Assessment later in Minutes.)
Hansen Road area as described in Notice of Public Hearing on Proposed
Assessments 3appearing on pages 97 and 98 in this Minutes Book
Mr. Hyde presented Analysis of Assessment showing total assessable construction
cost at $$4,895.68.. Extra-ordinary benefit was assigned.to Lot 2, Block 1,
E. V. Klopps Subdivision of $700.00 and to Lot 3, Block 1, E. V. Klopps Sub-
divison for $2,000, leaving a total amount of $2,195.68 proposed to be assessed
over the entire district, Mr. Hyde presented proposed assessment of $0.0083
proposed to be. assessed against 264,540 assessable square feet as against
estimated assessment of $0.0186 per' assessable square foot,
heard.
No objections were
(See Resolution Ordering Assessment* later in Minutes .)
E. STORM SEWER IMPROV8MENT NO.-115 IN THE FOLLOWING:
Beard Avenue Area (West 57th Streetm Nest 58th Street) ag desckibed in
Notice of Public Hearing on Proposed Assessments appearing on pages 96 and
97 in this Minutes Book,
Mr. Hyde presented Analysis of Assessment showing total construction cost of
$26 , 161.63, $3,000.00 of which was considered extra-ordinary bepefit proposed
to be assessed as follows: Lots 1, 5, 20, and 24, Block 4, and Lots 4 thru 7
6/15/70
and Lots 18 thru 21, Block 2, Harriet Manor Second Addition, $100.00 each; Lots
2, 3, 4, 21 and 23, Block.4, Harriet Manor Second Addition, $200.00 each; Lot
22, Block 4, Harriet Manor Second Addition, $800.00. Special benefit proposed
to be levied over the entire storm sewer district was given at $23,161.63, pro
posed to be assessed against :. 1,504,002 assessable square feet at a.icost.ofz
$0.0154 per assessable square foot as against estimated assessmept of $0,017
per assessable square foot. The owner of 5816 York Avenue was advised by Mr.
Hyde that extra-ordinary special benefit was determined'by the appraisers in
the Assessing Department, by the Engineers and by the Department of Public Works.
An unidentified lady who owned property at 5804 York Avenue protested that she
had not received notice of th9 improvement hearing when she bought her property
three years ago.
advised her that she was being assessed for a portion of her lot only.
E. F. Brzezinski, 5840 Abbott Ave., questioned her assessment and protested that
water still accumulates in the alley behind her property.
he would look into this matter. Mr. Robert Bredt, 5616 Chowen Ave., was referred
to Mr, Dalen to check the number of feet for which he is proposed to be assessed.
No-further discussion was heard. (See Resolution Orderhg Assessment later in
F. STDBM SEWER IMPROVEMENT NO. 116. IN THE FOLLOWIhY; :
Mr. Dunn explained the assessment policy of the Village and I Mrs.
Mr.*Dunn said that.
Hinutes.). *
On an easement line between Lots 1 and 2, Block 1, and Lots 1 and 2, Block
2, Gleason's 4th Addftion .from the Soyth line of Addition North to Nine
.>file Creek 1
llr. Hyde presented Analysis of Assessment showing total construction coFt at
$3,709.50, proposed to be assessed against five assesssgle lots as follows:
Lot 1, Block 1, Gleason's First Addifim, $1,854.75 (50%); Lots 1 and 2, Block
1, and Lots 1 and 2, Block 2, Gleason's Fourth Addition at $463.69 each.
objections were heard and none had been received prior thereto.
Ordering Assessment later in Minutes.)
No. -
(See Resolution
G.. WATERMAIN IMPROVEMENT NO. 238 IN THE FOUO~XNG:
0hms.Lane from West 74th Street to t?est 70th Street
IJest 72nd Street from Ohms Lane to Bush-Lake Road
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$76,166.11, proposed to be assessed against 2,367,613 assessable square feet
at $0.03217 per assessable square foot:. No objections were heard and none had
been received prior thereto.
Minutes .)
H. STORM SETJER IMPROVEMENT NO. 118 IN THE FOLLOI?ING:
(See Resolution Ordering Assessment later in
All Lots in Edina Interchange Center 3rd Addition with the, eiception of
Lot 15 and Outlot A.
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$73,253.95, proposed to be assessed against 2,367,613 square feet at $0.03094
per assessable square foot,
prior thereto.
I. SANITARY SEI?ER IMPROVEMENT NO. 267 IN THE FOLLOWING.:
No objections were heard and none had been received
(See Resolution Ordering Assessment later in Minutes.)
Gleason Road from North line of Lot 2, Block 1, Schey's Park View 3rd
Addition to Loch Moor Drive
Mr, Hde presented Analysis of Assessment showing total construction cost atq
$9,631.50, proposed to be .assessed against ten assessable lots at $963.15 per
lot as against estimated assessment of $919.56 per lot.
heard and none had beenreceived prior thereto.
Assessment' later in Minutes.)
No objections were
(See Resolution Ordering.
J. GRADING AND GRAVELING IMPROVEmNT NO. C-99 IN THE FOLLOWING:
West Shore Drive from West 64th Street to Nest 65th Street
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$4,668.60, proposed to be assessed against 1,178.94 assessable feet at $3.96
per assessable foot, as against estimated assessment of $4.90 per assessable
foot.
(See Resolution Ordering Assessment later in 'Minutes,)
K.
No objections were heard and none had been received prior thereto. .-
PEWENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-74 IN THE
FOLUSTJING :
Doncaster Way from Ayrshire Blvd. to cul-de-sac Z300 feet, .plus or minus, .. - North 1.
3lr. Hyde presented Analysis of Assessment' showing total construction cost at
$20,279.76, proposed to be assessed against 2270.,97 awessable feet at $8.93
per assessable foot as against estimated assessment: of $10.55 per assessable
foot.
be adjusted to reflect payment of one-third of the long side of his propqrty
since he had been assessed full cost when Croyden Lane was improved.
said that it was possible that Croyden Lane was paved before the one-third
policy went into effect. It was noted also that if Ilr. Anderson should be
assessed for one-third of his footage, the same woyld be true for the property
across the street from Mr. Anderson,
matter be continued three weeks so that the historic baclcgrqund of the ,Croyden
Lane improvement could be determined was se'conded by Councilman Shaw and carried.
Mr. Kenneth G. Anderson, 5209 Doncaster Lane, asked that his assessment
Mr. Hyde
Councilman Courtney's motion that the.
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6/15/70 117
Councilman VanValkenburg then offered the following resolution and moved its
adoption :
RESOLUTION ADOPTING AND CONFIRMING
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
ORNAMENTAL STREET LIGHTING IMPROVEMENTS L-5, L-6
STORM SEWER IMPROVEMENTS NOS. 115, 116, 118 AND 120, WATERMAIN
IMPROVEMENTS NOS, 238, SANITARY SEWER IMPROVEMENT NO. 267,
GRADING AND GRAVELING IMPROVEMENT NO. c-99
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota; as
follows :
1.
assessment rolls for the improvements hereinafter referred to, and at such
hearing held on June 15, 1970, has considered all oral and written objections
presented against the levy of such assessments.
2. Each of the assessments as set forth in the assessment rolls on file in
che office of the Village Clerk for the following improvements: Ornamental
Street Lighting Improvements L-5 and L-6, Storm Sewer Improvements Nos. 115,
116, 118 and 120, Watermain Improvement No'. 238, Sanitary Sewer Improvement
No. 267 and Grading and Graveling Improvement No. C-99 does not exceed the
local benefits conferred by said improvements upon the lot, tract or parcel
of land so assessed, and all of said assessments are hereby adopted and con-
firmed as the proper assessments on account of said respective improvements to
be spread against the benefited lots, parcels and tracts of land described
therein.
3. The ass'essments shall be payable in ten e'qual installments, the first
installmefit; togbeher with interest at 'the rate of 5% per annum on the entire
assessment from the date hereof to December 31, 1971, to be payable with the
general taxes for the year 1970.
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 installment and interest set forth separately, to be
extended on ths tax lists of the County in accordance with this fesolutfon.
5. The Clerk shall also"mai1 notice of any special assessments which may-be
payable by a county, by a political subdivision or by tle owner of any right-
of-way, a's required by Minnesota Statutues, Section 429.061, Subdivision'4,
and if any such.assessment is not paid ih a single installment, the Village
Treasurer shall arrange for collection thereof in installments, as set Torth
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.
The Village has given notice of hearings as required by law on the progosed
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PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were
presented by Clerk, approved as to form and ordered placed on file.
to due notice given, public hearings were conducted and action taken as herein-
A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN
Pursuant
- after recorded.
THE FOLLOWING:
Gleason Road from Schey Drive to Lochmoor Drive
Mr. Hyde recalled that this improvement hearing had been continued from June 1, - 1970, so that the Engineers would have an opportunity to study the possibility
of changing-the proposed grade for the street.
have been prepared
the existing storm sewer would work if the grade should be increased, provided
.that a double inlet be installed at ehe &ow spot, rather than the single inlet
that is normally used and provided also that houses built in the low spot would
.be at a fixed point so that there would be no damage to houses in case of a
flood. 9 Mr. Dunn added that an estimate for raising the grade six feet would
come to $22,558 and for raising the grade twelve feet the estimate was $33,903.
Both estimates included $9,000 for the cost of raising the watermain. Mr. Hyde
said that Ehere is a possibility of using fill which would be removed from a
possible tennis court in Braemar Park-across the street. Mayor Bredesen said
that the improvement should not be author&zg$ gopgf;nyog&cgnstruction, but.
that if the tennis court should be built/tge $11 e avaiyable for this
project. - Mr. John W. Lacey, 7141 Gleason Road, said that in view of the fact
that the grade of the road was cut down by the Village, propeL-ty:;owners should
not have to pay for %ts =restoration. Mr. R. L. Lillistrand, 7104 Down Road,
expressed approval of Mayor Bredesen's suggestion that 45% of the cost:for rais-
ing the grade be paid from State Aid funds, as well as 45% of the project as
originally presented. Following considerable discussion, Councilman Courtney's
motion that the improvement be authorized with a twelve foot increase in grade,
with the understanding that the possibility of paying the cost of moving the
watermain be paid from Water Department funds be -investigated.'and with the
further understanding that 45% of the assessed cost of the project bempaid from
Scate Aid funds. Councilman Courtney then offered the following resolution and
moved its adoption:
(P-BA-172)
Mr. Dunn said that estimates
for alternate grades and that it has been determined that
wou
118 6/15/70
RESOLUTION ORDERING IMPROVEMENT BA-172
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published and mailed to
owners of each parcel within the area proposed to be assessed on the following
proposed improvement :
CONSTRUCTION OF PERMANENT STREET SURFACIhY: AND CONCRETE CURB AND GUTTER IN
Gleason Road from Schey Drive to Loch Noo? Drive
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and at the hearing held at the time and place specified'in said notice, the
Council has duly considered'the views of all persons interested, and being fully
advised of the pertinent facts does hereby determine to proceed with the con-
struction of said improvement with the understanding that the grade be increased
twelve feet, that the Village consider the possibility of the Nater Department
paying the cost of moving the watermain and with the further understanding that.
45% of the assessable cost be paid from State Aid funds, including all proceed-
ings which may be necessary in'eminent domain for the acquisition of necessary
easements and rights for construction and maintenance of such improvement; that
said improvement is hereby designated and shall be referred to in all subsequent
proceedi'ngs as STREET IMPROVEMENT NO. BA-172; and the area to be specially
assessed therefor shall include Lots' 1 thru 5, incl., Block 1, and Outlot 1,-
all in Schey's Parkview 3rd Addition; Lot 11, Prospect Hills; Parcel #5510,
Section 7, Township 116, Range 21; Parcel 999, Auditor's Subdivision #196.
Motion for adoption of the resolution was seconded by Councilman VanValkenburg
and on rollcall there were four ayes and no nays and the resolution was adopted.
Mr. Lacey stated for the record that he wished Council to know how much he
appreciated the cooperation of Mr. Hyde and Mr. Dunn in this matter.
E. CONSTRUCTION OF STORM SEIJER IMPROVEMENT IN THE FOLLOWING:
I
(P-ST.S. 124) *
Storm Sewer system to be installed as part of-Highway.100 reconstruction
from North Edina Village Limits to Crosstown Highway as- described in Notice
of Public Hearing on pages 110 thru 114 of 'this Minutes Book.
Mr. Hyde presented total estimated 'construction of the trunk sewer at $242,454.46,
. proposed to be assessed against 11,668,945 assessable feet at an estimated cost
'of :$0.020263.
at $30,993.11, proposed to be assessed against $4,100.255 assessable feet at
an estimated cost of $0,007558 per assessable foot.
ordinary benefits have been assigned to the Halla property for $1,000.00 and
to Our Lady of Grace Church for $5,000.00, noting that these amounts indicated
are not to be construed as actual amounts to be assessed, but to indicate that
extraordinary benefit assessment should be considered at the time of the
assessment hearing.
the forthcoming widening and upgrading to freeway status of T.H. 100 and that
it is proposed to drain all of the property that drains into Highway 100 and
into the existing ponds that serve as reservoirs into Minnehaha Creek.
brought out that the project: will be done -in two sections, the costs of which
are estimated as follows: Section 1 (North Section) Total estimated cost
for Trunk sewer, $189,079.69; total estimated cost for Lateral sewer, $18,674.70.
Section 2 (South Section). Total estimated cost for Trunk sewer, $53,374.87;.
total estimated cost for Lateral sewer, $12,318.41; Total estimated cost of
Trunk and Lateral sewers for Sections 1 and 2, $273.447.67.
that the Village has been working with the State of Minnesota on a cost shar-
ing agreement and explained that trunk sewer is a collector from lateral sewers,
and that-many properties will be assessed for the trunk sewer only. Question-
ing the reason for their inclusion in the stonn sewer district were Messrs.
Kazemi Abol, 4840 Westbrook Lane, William F. Rickord, 5709 Hansen Road, Milton
Johnson, 5108 W. 49th Street, and Mrs. 3L.C. Lindboe, 5600 Dale Ave., who was
told that her property would be assessed €or the trunk sewer only.
Donnelly, 5205 Lochloy Drive, protested the upgrading of the highway and was
rexninded:that her property was not included in this improvement.
sacker, 5009 Windsor Avenue, was told that the storm sewer was needed as an
integral part of the upgrading of the highway.
Avenue, suggested that the entire Village uses the highway and should, therefore,
be assessed for this improvement, Mr. E. W. DeLaittre, 5207 Grandview Lane,
asked if there had ever been a situation similar to this before in the Village
and was'-told by Mr. Hyde that the Crosstown Highway and France Avenue had both
storm sewers which had been assessed against drainage area properties.
unidentified gentleman who lived on Olinger Road questioned the elevation of
the highway and was told that it wquld be changed. Mr. L. J. Opperman, 5713
Melody Lane, expressed concern about the-level of Melody Lake and was told that
it would be kept at a desirable level and that information is on record in the
Engineering Department.
expressed approval of the improvement.
fied gentleman as to drainage of this storm water into Minnehaha Creek, Mr.'
Dunn advised that the plan had been approved by the Minnehaha Creek Watershed
District. Mayor Bredesen, earlier in'the hearing, had offered his apologies
for being unable to remain until the end of the public hearings-, There being
only three members of Council present, Mayor Pro Tem VanValkenburg explained
Total estimated sonstruction cost of the lateral sewer was given
Mr. Hyde added that extra-
I Mr.Hyde explained that this proposed improvement comes with
It was
Mr, Dunn explained
Mrs, Charles
Mr. R. F. Gott-
Mr. John I?. Burr, 5301 Windsor
I An
Mr. John Hopkins, representing Oqr Lady of Grace Church,
In reply to the question of an unidenti-
6/15/70 $19-
that a four-fifths vote of Council was necessary to authorize the improvement,
whereupon Councilman Courtney's motion continuing the matter to a special
meeting of Council to be held at Village Hall on June 22, 1970, at 5:OO p.m.
was seconded by Councilman Shaw and carried. c. CONSTRUCTION OF PORTLAND CEMENT CURB AND GUTTER, DRIVEWAY AND SIDENA~K
INPROVEMENT IN THE FOLLOWING: (P-B-78)
Willson Road from Eden Ave. to 1050' South
Eden Avenue from Willson Road to 300' East
Grange Road from Eden Avenue to I?. 50th Street
If. 50th Street from Dale Drive to I?. Sunnyslope Road
Arcadia Avenue from Eden Avenue to West 50th Street
Nest Frontage Road from Eden Ave. to 1050' South
Vernon Avenue from Arcadia Ave. to 250' West
Laura Avenue from Moore Ave. to Cascade Lane
West Frontage Road from I?. 44th St. to North Edina Village Limits
As recommended by Mr. VanValkenburg, Councilman Shaw's motion continuing this
hearing until June 22 at 5:OO p.m. was seconded by Councilman Courtney and
carried.
Mr. Dunn advised that the only sidewalk included in the project was adjacent
to Our Lady of Grace School..
Do- CONSTRUCTIQN OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
In reply to the question of an unidentified gentleman in the audience,
%ND .BRlXE,tJU]EP;TING IN THE FOLLOWING : (P-BA-17 1) West 78th Street from 100' East of East Bush Lake Road to 400' West of
Cahill Road
Mr. Hyde presented total estimated project cost at $170,676.39, proposed to
be assessed against abutting benefited property at $12.00 per assessable foot.
He noted that of the total extimated cost, $85,338.20 is expected to be paid
from State Nunicipal Turn Back funds, $77,050.15 from Municipal State Aid Funds
and $8,288.04 to be assessed against the benefited property.
were heard.
5:OO p.m. because only three Councilmen were present was seconded by Councilman
shaw and carried.
No object€ons
Councilman Courtney's motion continuing the matter to June 22 at
FIRST READING GRANTED TO OdINANCE NO. 261-205. Mr. Hoisington recalled that
at the meeting of June I, 1970, the request of Pgmtom, Inc,, for Blanned
Residential District zoning for property located on the Northwest quadrant of
Tracy Avenue and the Crosstown Highway had been continued to this meeting sq
that an option could be executed for the purchase of the fire station site by
the Village. Mr. Hoisington advised that the option has now been received
fromPemtom, Inc., whereby the Village can acquire approximately 1% acres
on Tracy Avenue for the fire station site for a cost of $12,538 per acres,
less $742 for special assessments which are being pro-rated against the pro-
perties and which Pemtom, Inc., will pay. Mr. Hoisington then reviewedsthe
proposal for the Planned Residential District property which calls for four
units per acre over 23% acres of land on the East and South side of Countryside
Park. Mr. John Yarger, 6020 Arbour Avenue, said that hexfeels that the proposal
is in good taste, but asked if Peaom; Inc., could be requr'red to provide some
type of safe access to the park. Gouncilman Shaw pointed out that this zoning
will not contribute any-more traffic to the area than single family develop-
ment and that the Village would have been responsible for access to the park
if this area had been developed into single family dwelling lots.
ton said that he had never discussed such a possibility. Mayor Pro Tem Van
Valkenburg-said that Pmtom, Inc., should be asked if they would provide some
safe access to the park and that a decision on this matter could be reached
before Second Reading is granted. Councilman Courtney then offered Ordinance
No. 261-205 for First Reading as follows:
a
Mr. Hoising-
ORDINANCE NO. 26 1-205
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE VILLAGE OF EDINA BY ESTABLISHING
ADDITIONAL PLANNED RESIDENTIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILUGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 4, Boundaries of Planned Residential District of Section
5 (Planned Residential District) of Ordinance.261 of Revised Ordinances of the
Village of Edina, as amended, is hereby further amended by adding the follow-
ing subparagraph: - Planned Residential District:
"(b)
Northwest 1/4 of Section 5, Township 116 North, Range 21 West of she
5th Principal Meridian, described as follows :
That part of Government Lot 1, and the Northeast 1/4 of the
Commencing at the point of intersection of the Northerly line
of County Highway No. 62 with a line drawn due North from a
point on the South line of said Government Lot 1, distant 71 1/2
rods East of the SW comer of said Government Lot 1; thence due
North to the North line of said Government Lot 1; thence East
along the North line of said Government Lot 1 and along the
North line of said NE 1/4 of the NN 1/4 to a point distant 693
6/15/70
feet 'Nest of the NE corner of said NE 1/4 of NJ 114' ; tljence South paral--
le1 with the East line of said NE 1/4 of Nk 1/4 a distance of 693
feet; thence East parallel with the North line of said NE 1/4 of NW 1/4
a distance of 693 feet to the East line of said NE 1/4 of NW 1/4;
thence South along said East line to the Norther19 line of said County
Highway No. 62; thence Mesterly along said Northerly line of said
County Highway No. 62 more specifically set forth and described as
that part of *'Line A," Parcel No, A-18 (CSAH No. 62, Project No. 6221)
contained 2n that First Certificate, dated August 21, 1967, and Filed
August 25, 1967, in Book 2599 o€Deeds, page 347, as it crosses said
premises herein described, to the point of beginning."
. . i
Section 2.
its passage and publication according to law.
ORDINANCE NO. 261-202 SECOND READXNG CONTINUED by motion of Councilman Shaw,
seconded by Councilman Courtney and carried because bply three members of
Council cannot approve Second Reading on zoningbrdinances, _Continued to Jme 22,
ORDINBNCE NO, 261-203 SECOND READING CONTINUED by motion of Councilman Shaw.,
seconded by Councilman Courtney and carried because more than three members of
Council are needed to grant Second Reading on zoning ordinances.. Continued to 6/22.
ORDINANCE NO. 261-204 SECOND READING CONTINUED to June'22, 1970, by motion of
Councilman Courtney, seconded by Councilman Shaw and carried, because more
than three Councilpen are needed to grant Second Reading to zoning ordinances.
BIDS AWARDED FOR NUMER6US IMPROVEMENTS. Mr. Hyde presented Tabulation of %i$e
bids received for Watermain Impqovements Nos. mi-251, W-252, I?&-253, WM-255,
%I'M-256 and IJatermqin to New Village Water Tank, Sanitary Sewer Improvement No. -- __ SS$289 and Storm Sewer No. ST.S.-123. Tabulation of tied bids showed Austin P. - Keller Construction Company low bidder at $163,715.84; Northern Contracting Co.
This ordinance shall be in full-force and effect immediately after
'*L_
at $164,374.90; G. L. Contracting, Inc., $178,841.40; Northdale Construction
Company, Inc., $197,412.40; Gideo Construction; $497,586.00, against engineer's.
estimate of $155,833-55. Councilman Shay's motion was seconded by Councilman
Courtney and carried awarding 'bid to recommended low bidder, Austin P. Keller
Cons t %c t ion Company.
EIbS ANARDEI) FOR VARIOUS STREET IMPROVEMENTS.
of five bids received in response to advertisement in the Edina Sun on May 21,
1970, and in the Construction Bulletin on May 21, Nay 28 and June 4, A970.
Tabulation showed bids for Proposal A (BA-163, BA-165, BA-166, BA-167 and BA-
170) Black Top Service Company low bidder at $52,871.70; Matt Bullock Contract-
ing Co., Inc., $58,649.00, Plehal BlaFktopping, Inc, $58,673.40; Riegger Road-
ways, Inc, 59,420.15 and Bury,, and Carlson, Inc,, $59,531.00, against Engineer's
Estimate of $61,663.75. Tabulation for Proposal B (BA-169A and BA-169B) showed
Riegger Roadways, Inc., low bidder at $140,014.00; Black Top Service.Compgny
at $142,140.50; Plehal Blacktopping, Inc.,? $153,710.50; Bury and Carlson, Inc.,
$163.332,50 and Matt Bullock Contracting Co., Inc. at $174,014,50, against
Eggineer's Estimate of $170,061.00.' Councilman Courkney's motion awarding
contract to recommended low bidder in bothlcases was seconded by Councilman
Shaw and. carried.
JAY PLACE PETITION FOR PERMANENT STREET SURFACIhY; AND CURB RECEIVED, and referred
seconded by Councilman Shaw and carried.
T.H. 100 RIGHT-OF-WAY PETITION SUBMITTED.. Mr. Hyde noted receipt of a petition
signed by owners of twenty-seven properties requesting that right-of-way pro-
posed to be taken for the upgrfi &ng T.H. 100 be taken on.the West'Bide. Mr.
Steinkamp, 4912 Payton Court,/t t at e $ e Village has not made up its mind as to
what it will recommend in this regard. Mr. I€yrin said that the Highway Depart-
ment has indicated that it will hold a "Design Hearing" on the project so that
property owners will have an opportunity to be heard. The hearing will take
place at the Village Hall and notice will be sent to property owners. Pir.
Hyde noted that property owners on the West side of the highway would have a
great interest if the right-of-way should go on their side of 'the highway,
and noted that these people had not been contacted by Mr. Steinkamp.
Pro .'Tern VanValkenburg advised Mr. Steinkamp that the hearing would probably be
held some time this summer.
Mr. Hyde. presented tabulation
.to the Engineering Department for processing by motion of Councilman Courtney,
Mayor
OD LIBRARY SITE CONTINUED TO JULY 20, 1970.
that, while he had received the fifteen signatures necessary to lift the deed
Mr. Hoisington advised Council
restriction for the old.'.Library site, it appeared that
had an interest in the matter.
a number of other people
Mrs. Thomas A. Wilson, Jr., 4707 Townes Road,
6/15/70 .
i told Council that a number of people want to keep the old Library site 'as a
place oE beauty where people Can relax and enjoy a flower garden and lovely
trees and referred to the possibility of requesting a referendum by securing
names on a petition. Mr. Hoisington showed a drawing which showed the general
plans of the bank which was approved by residents who signed the waivers.' Mr.
Hoisington pointed out that Councilfs position had been that it desired what-
ever is best for the entire Village and that.it is felt that the area functions
better if traffic is able to move easily and that parking, therefore, is neces-
sary to any business area.
too many issues that are not familiar with to discuss the problem at this time
and asked that this group come in to the Village Hall and go over area plans.
Mrs. 57. Gerald Nisula, G815 Maple Road, objected to the fact that trees on the
property would be removed. Mr. William J. Ruppert, 4905 M$ple Road, asked why
the bank has not come up with a plan.
had always told interested property owners that it had always been undqrstood
that ahy plan would have to be something of which the Village would appGove.
Mayor Pro Tern VanValkenburg said that apparently many of the people at this
meeting had not seen the plans in Mr. Hoisington's office and suggested that
the matter be continued so that they can familiarize themselees with the plans.
He added that the Park Board shoi!dd..a;lso':be consulted on the matter. Council-
man Courtney then moved that the matter be continued to July 20, 1970, so that
interested property owners could study the bank's plans with Mr. Hoisington
and so that the Park Board could study the matter.
Councilman Shaw and carried.
' Mr. Hoisington said that he feels that there are
Mr. Hoisington recalled that the Village I
'
Motion was seconded by
LOT 28 AND LOT 29, WARDEN ACRES DIVISION APPROVED. Mr. Hoisington requested
the division of Lots 28 and 29, Warden Acres for the purpose of establishing
homestead for a double bungalow on the property. No objections being heard,
Councilman Courtney offered the, following resolution and moved its adoption:
RE SOLUTION
WHEREAS, Stephen N. Lisle and Catherine K. Lisle., husband and wife, and William
F. Sharpe and Elizabeth A. Sharpe, husband and wife, prior hereto were' the
record owners of all of the land situated in the Village of Edina described
as follows:
'That part of Lot 28, Warden Acres, lying FJesterly of the M.N.& S.
Railroad righttof-way and the East twenty-five feet of Lot 29,
Warden Acres; and %
WHEREAS, said Stephen N. Lisle and Catherine K. Lisle, husband and wife,- and
William F. Sharpe and Elizabeth A,' Sharpe, husband and wife, desire to divide
the above described property so that Stephen N. Lisle and Catherine K. Lisle
will own the West 98.5 .feet of the East 125.0 feet 0.f Lot 29, Warden Acres, and
so that IJilliam F. Sharpe and Elizabeth A. Sharpe will own that part of Lot 28,
Narden Acres, lying Westerly of the Railroad right-of-way and the East 26.5 feet
of Lot 29, Warden Acres; and
NHEREAS, said Stephen N. Lisle, Catherine K. Lisle, lJilliam F.s Sharpe and
Elizabeth A. Sharpe ham requested the approval of the Village of Edina of the
conveyance and ownership of the above described land as separate parcels
pursuant to Ordinance No. 263-A-3; and
WHEREAS, it has been determined that compliance with the Subdivision and
Zoning Regulations of the Village of Edina will create an unnecessary hardship
and said tract of land as a separate parcel does not interfere with the purpose
of the Subdivision and Zoning Regulation-s as contained in the Village of
Edina Ordinance Nos. 261 and 263-A;
NOI?, THEREFORE, it is hereby resolved by the Village Council of the Village of
Edina that the conveyance and ownership of the above described tracts of land
as separate parcels is hereby approved and the requirements and provisions of
Ordinance Nos. 261 and 263-A are hereby waived to allow said division and con-
veyance but only to the extent permitted under Ordinance No. 263-A-3 and
Ordinance No. 261-196 and subject to the limitations set out in Ordinance No.
261-196, but said Ordinances
any other provisions thereof, andafurther subject, however, to the provision
that no further subdivision be made of the above described tract of land
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 resolution was seconded by Councilman Shaw and on
follcall there were three ayes and no nays and the resolution was adopted.
LOT 21 AND LOT 22, AUDITOR'S SUBDIVISION NO. 161 DIVISION APPROVED. Mr. Hois-
ington presented the request of Mr. Peter J. Lindberg for the division of
Lots 21 and 22, Auditor's Subdivision No. 161. He advised that the owner of
the South one-half of Lot 22 is buying Lot 21, including the house and would
like to draw a line 100 feet from the street, divide that part off from Lot 21
and. ahd'it to his back yard. Mr. Hoisington stated that while Lot 21 would be
of inadequate depth, at least both lots would have a back yard, while presently
only Lot 21 has a back yard. He added that the owner intends to sell the
I
'
I are not waived ,for any other purpose or as to
I
,6/15/70
Northerly 100 feet of Lot 21 at a later date.
mission, Councilman Shaw then o€fered the following resolution and moved its
adoption :
IJKEREAS, Alice Lofte and Richard C. Lofte, husband and wife, are the owners of
Lot 21, Auditor's Subdivision No. 161; and
I-JHEREAS, Peter J. Lindberg and Donna M. Lindberg, husband and wife, are the
owners of the South 90 feet of Lot 22, Auditor's Subdivision No. 161; and
TJHEREAS, said Peter J. Lindberg and,Donna M. Lindberg have requested approval
of the Village of Edina to combine the two above described parcels of land
so that the South 80 feet of Lot 21 and the South 80 feet of Lot 22, Auditor's
WIBREAS, it has been determined that ,compliance #with the Subdivision and Zon-
ing Regulations of the Village of Edina wjll-create an unnecessary hardship
and said tracts of land as a single parcel does not interfere with the purpose
of the Subdivision and Zoning Regulations as contained in the Village of
Edha Ordinance Numbels 261 and 263-A;
NOW, THEREFORE, it is hereby resolved by the Villgge Council of the Village
of Edina that the conveyance and ownership of the above described tracts of
'land as a single parcel is hereby approved and the requirements and pro-
visions of 'Ordinance Nos. 261 and 263-A are hereby waived to allow said
division and conveyance 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 the above described .tract of land unless made
in compliance with the pertinent ordinances of the Village of Edina or with'the
prior approval of this Cpunci; as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were three ayes and no nays and the resolution was adopted.
SRACTS B AND C, E AND F, REGISTERED LAND SURVEY NO. 1283 APPROVED. Mr. Hois-
ington presented the request of Cardarelle & Associates, Inc., for division of
ppercgally zoned property located West of County Road 18 and East of Old Wash-
ington Avenue and noted that all of the lots will be over.two acres in size and
will meet all ordinance requirements. Councilman Shaw then offered the follow-
ing resolution and moved its adoption:
WHEREAS, F. J. Hays Estate is the owner of Tracts B, C, D, E and F, Registered
Land Survey No. 1283; and
WHEREAS, said owner has requested the division and combinations of said tracts
of land into separate parcels described as follows:
1)- Tract.B, Registered Land Survey No. 1283, except that part lying
As recommended by Planning Com-
RESOLUTION
Subdivision No. 161 will be considered one parcel; and *-
RESOLUTION
South of a line running from a point on the West line of Tract B, a
5)
WHEREAS,
distance of 116.9 feet North from the Southwest corner thereof, to
a point on the East line of Tract B, a distance of 127.93 feet North
from the Southeast corner' thereof;
The North 138.45 feet of Tract C, Registered Land Survey No. 1283,
as measured along the West line thereof, ' and the ab.ove excepted
portion of Tract B;
That part of Tract C, lying South of the North 138.45 feet, as meas- -
ured along the West line thereof, Tract D, and the North 16.08 feet
of Tract E, as measured along the West fine thereof,.all of Registered
Land Survey No. 1283.
That part of Tract E, Registered Land Survey No. 1283, lying South
of the North 16.08 feet, as measured along the-West line thereof, and
the North 109.21 feet of Tract' F, Registered Land Survey No.. 1283,
as measured along the West line theieof;
That part of Tract F, Registered Land Survey No. 1283,. lying South
of the North 109.21 feet: as measured along the West line thereof; and
it has been determined that compliance with the Subdivision and
Zoning Regulations of the Village of Ediia will create an unnecessary hardship
and said tracts of land as single parcels do not interfere with the purpose of
the Subdivision and Zoning Regulations as contained in the Village of Edina
Ordinance Numbers 261 and 263-A;
NOI?, THEREFORE, it is hereby resolved by the Village Council of the Village
of Edina that the conveyance and ownership of the above described tracts of
land as single parcels is hereby approved and the requirements and provisions
of Ordinance No. 261 and Ordinance No. 263-A are hereby waived to allow said
division and conveyance, but are not waived for any other purpose or as to
any other proyision thereof, and subject, however, to the pyovision that no
further subdivision be made of the above destribed t'racts of land unl'ess 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 resolution was seconded by Councilman.Courtney and
on rollcall there were three ayes and no nays qnd the resolution was adopted.
6/15/70
FIRE STATION ARCH1TECH"HIRING AUTHORIZED. Mr. Hoisington presented revised
cost estimate& for the new fire station showing total construction cost at
$293,328, landscaping, paving and furnishings, $25,000 and 1% acres of land
on the Pemtom, Inc., site at $18,000, Mr. Dalen reviewed financing of the
total cost of $336,328. Folloci ng some discussion Councilman Shaw's motion
authorizing the hiring of Mr. Arthur Dickey, architect, with the hope that
the project will cost less than the estimate, was seconded by Councilman 'Courtney
and carried.
MC ALLISTER PROPERTIES, INC,, REGISTERED LAND SURVEY GRANTED FINAL APPROVAL.
Mr. Hoisington presented McAllister Properties,,Inc., Registered Land Survey
for final approval, noting that no changes had been made since preliminary
approval had been granted on June 1, 1970.
man Shaw offered the following resolution and moved its adoption:
No objections being heard, Council-
RESOLUTION APPROVING
NC ALLISTER PROPERTIES, INC . , REGISTERED LAND SURVEY
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
that certain Registered Land Survey, presented for approval by McAllister
Properties, Inc., covering property located generally between Xerxes Avenue
and York Avenue and between W. 69th Street and West 70th Street and presented
at the Edina Village Council Meeting of June 15., 1970, be and is hereby grantdd
final approval.
Motion for adoption of the resolution was seconded by Councilman Courtney arid
on rollcall there were three ayes and no nays and the resolution was adopted.
EEARING DATES SET FOR VARIOUS ZONING NATTERS.
July 6, 1970, was set as hearing date for the following zoning matters:
As. recommended by Mr. Hoisington,
21. Lot 2, Block 1, Countryside - Lot Division
2.
3.
E2d Owl Stores - York Terrace - Zoning change from R-1 Residenfial
District to Automobile Parking District
Preliminary Plat Approval of the following:
a. Iroquois Hills Fifth Addition
b. Harold Hargrove First Addition
c. Overholt Hills Georgia Second Addition'
d. Varden Acres
e. Tracts A dnd C, R.L.S. No. 7
Councilman Courtney's motion setting the above hearing dates was seconded by
Councilman Shaw and carried.
HUMAN RIGHTS WEEK EXPENDITURE AUTHORIZED.
Commission, Councilman Courtmey's motion authorizing the request of the
Human Rights Commission to expend no more than $500.00 for the use of George
Nelson & Associates, a Minneapolis based human relations consulting firm, in
the planning of Human Relations Veek was seconded by Councilman Shaw and. carried.
In reply t0.a question of Mr. John Yarger, Mr. Hyde advised that the Budget
fior Human Rights Commission was $9,000, $6,000 of which was for a Director who
was never hired.
As requested by the Human Rights I
HUMAN RIGHTS COMMISSION GRANTED AUTHORITY TO SUBMIT RESOLUTION RELATIVE TO
STRIKES OF PUBLIC EMPLOYEES.
ing Human Rights Commission resolution which had been revised following Council
Meeting of May 18, 1970:
Mr. Hyde called attention of Council to the follow-
"Since the Edina Human Rights Commission feelsthe present
Minnesota law forbidding public employees to strike and the
penalties imposed upon them in case of 8 strike are a denial
of their human and civil rights, we'urge the Legislature to
reexamine the existing law to find more adequate means of
resolving disputes
As requested by Mrs. Norman Carpenter, Secretary of the Human Rights Commission,
Councilman Courtney's motion approving the Commission to send the resolution
was seconded by Councilman Shaw and carried.
APARTMENT BUILDING MORATORIUM LIFTED.
the history and background of the Village sanitary sewer situation and recom-
mended the lifting of the moratorium as well as retaining a consulting
to prepare necessary comprehensive plans to meet .Metropolitan Sewer Board
requirements and which would include provide major outlines of any additional
trunk sewers which might be required in areas not now developed.
Halla urged that the moratorium be lifted.
the resolution as of this date was seconded by Councilman Shaw and carried.
Mr. Hyde presented a memo which details
engineer
Mr, Donald
Councilmaa Courtney's motion lifting
BIINNEAPOLIS-ST. PAUL SANITARY DISTRICT SEWERAGE WORKS PAYMENTS AUTHORIZED.
Mr. Hyde recalled that the matter 9f Village participation and payments to
Minneapolis for use of the Minneapolis-St. Paul Sanitary District Sewerage
Works had been continued from the meeting of June 1, 1970, so that the Village
Attorney could study the matter.. Upon the recommendation of the Village Attorney,
6/15/70
Councilman Shaw offered the follming. resolution and moved its adoption:
RESOLUTION AUTHORIZING GONTINUED PAYMENTS TO
MINNEAPOLIS FOR USE OF
MINNEAPOLIS-ST . PAUL SANITARY DISTRICT SEWERAGE WORKS
WEREAS, the Village has.entered into an agreement dated March 11, 1940, with
Minneapolis whereby Minneapolis has agreed to make certain of its sewers and
its capacity in the Minneapolis-St. Paul Sanitary District sewerage works
available for use by the Village, and the Village has agreed to pay for such
use; and
VHEREAS, Minneapolis is required each year to pay a share of the costs of the'
Ninneapolis-St. Paul Sanitary District for its sewerage works and their
operation and maintenance in accordance with the budget adopted by the Sanitary
District Board; and
WHEREAS, on August 1, 1970, the District, and all of its property and contract
rights, including the obligations of Minneapolis and St. Paul to make payments -
. to the District in accordance-with its 1970 budget, wi&l be taken over, acquired
and assumed by the Metropolitan Sewer Board pursuant to Minnesota Laws 1969,
Chapter 449, Section 5; and
WHEREAS, ?iinneapolis and St. Paul wi.11 be required by the Metropolitan Sewer
Board to continue to fund the Sanitary District 1970 budget and to provide
funds for payment of debt service 2n 1970 on bonds issued for Sanitary District
sewerage works to be assumed by the Sewer Board;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Village of Edina, Minne- .
sots,-that the Village will continue,to make use of the Minneapolis4t. Paul'
Sanitary District sewerage works between August 1, 1970, and December 31, 1970,'
and that the Village will continue to pay Minneapolis therefore as provided in
said agreement dated March 11, 1940, and any agreements emendatory thereof or
Motion for'adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were three ayes and no nays and the resolution was adopted.
RUBBISH PICKUP POLICY COMPLAINT NOTED.
of Mr. Gordon Schleicher, 4617 Bruce Avenue, about the Village policy of not .
_-
supplemental thereto. I.
Nr. Hyde advised Council of-the complaint
-permitting trash to be placed on the curb on pick-up days. "
T.H. 100 IMPROVEMENTS DECISIONS CONTINUED TO JUNE 22, 1970. As recomendetl
by Mr. Dunn, Councilman Courtney's motion continuing Plan Approval, Utility
Agreements and Cost Sharing Resolution for T.H. 100 improvements was seconded
by Councilman Shaw and carried.
P.E.R.A RETROACTIVE CDNTRIBUTIONS BY VILLAGE APPROVED. Mr. Hyde recalled
that Council had received a memo concerning the situation whereby there is a
June 30, 1970 deadline under State law whether employees can buy back into
P.E.R.A., and noted that the first employee has asked whether the Village
would pay its half of the amount-to buy back.
the employee must pay kbe 'Xu11 cosixto receive an additional pension. He noted
the case where an employee who has been with the Village for twenty-six years
who would- get a pension of $135.00. monthly from P.E.R.A., or a total of $289.00
including Social Security benefits.
per month if the employee should chose to buy.back.into P.E.R.A. Mr. Hyde said
that Chief Bennett is considering buying back, but that he knew of no other
employees who were considering buying back at the present time. He note&:- I,,' 22
that if Council approved paying 50% of these retroactive contributions, it would
have to do so for all who T?k:Shed to exercise this option.
cussion, Councilman Shaw offered the following resolution and moved its adoption:
If.the Village will not, then
The pension would be increased about $40..00
Following some dis-
RESOLUTION
IJHEWAS, Village contributions to the Public Employees Retirement Association
were based on max imum salaries of only $4,800 annually until June 30, 1965,'
and $6,000 annually until June 30, 1967; and
WHEREAS, Minnesota Statutes 1969 provide-in Section 353.35 that retroactive
cwtributions on total salary may be made by employees and employing govern-
mental until until Jund 30, 1970, 5n order to provide more adequate pensions;
NOI?, THEXEFORE, BE IT RESOLVED by the Village Council ,of the'village of Edina
that the Village of Edina certify by this resolution to the Public Employees
-Retirement Associationthat the Village assumes the obligation set forth in
clause (c) of subdivision 7, Section 353.36, Minnesota Statutes 1969 and will
pay the matching amount therein provided in respect to all of its employees
who exercise the option to make retroactive-contributions on total salary.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were three ayes and no nays and the resolution was adopted.
.
SALARY ADJUSTliiENTS CONTINUED to June 22, 1970, by motion of Councilman Shaw,
seconded by Councilman Courtney and carried. ".
6/15/70 125
..3 i WATERMA& IMPROVEMENT NO. 234 HEARING DATE SET FOR SPECIAL ASSESSMENT, AS
recommended'by Mr. Dunn, Councilman Courtney offered the following resolution
and moved its adoption:
RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT
HEARING FOR WATERMAIN NO. 234
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows :
1. The Clerk and Engineer having calculated the proper amounts to be assessed
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 improvement,
and said proposed assessments 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.
Hearing form hereinafter contained, to pass upon said proposed assessments and
the Clerk's action in publishing notibe of said hearing in the official news-
paper in accordance with law is hereby approved;
'
This Council shall meet at the time and place specified in the Notice of
Notice being as follows: -- (Official Publication)
HENNEPIN 'COUNTY, MINNESOTA
NOTICE OF ASSESSMENT FOR
VILLAGE OF EDINA
WATERMAIN NO. 234
EDINA VILLAGE COUNCIL will meet on Monday, July 6, 1970,.at 7:OO p.m. 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 inspection. Assessments will be payable in ten equal installments
over a period of ten (10) years.
payable with the taxes for the year1970, collectible in 1971, 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, 1971.
installment will be added interest at the same rate for one year on all
unpaid installments.
improvement
Village Treasurer on or before November 15, 1970, or make payment with accrued
First payment of each assessment will be
To each subsequent
The owner of the property assessed for the following
may pay the whole of the assessment without*interest to the
interest to the County Treasurer.'
1.. CONSTRUCTION OF WATERMAIN NO. 234
To service Lots 10, 11 and 12, Block 2, Valley
Motion for adoption of the resolution was seconded
rollcall there were three ayes and no nays and the
View, Heights Addition
by Councilman Shaw and on
resolution was adopted.
FLOOD PLAIN ORDINANCE LETTER OF INTENT TO DEPARTMENT OF CONSERVATION APPROVED.
11:. Hoisington advised Council that the Village has not as yet drafted or
approved necessary flood plain regulations and that it is required to submit
a letter of intent to the Minnesota Conservation Department no later than
June 30, 1970. As recommended by Mr. Hoisington, Councilman Shawls motion
authorizing the Village 1lanager.to submit a letter of intent of the Village
to comply with the Minnesota Flood Plain Management Act was .seconded by
Councilman Courtney and carried.
resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED that the Edina Village Council authorize the Village Manager
to submit a letter indicating the intent of the Village of Edina to comply
with the Minnesota Flood Plain Mahagement Act.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were three ayes and no nays and the resolution was adopted.
ORDINANCE NO. 113A, CONTROLLING AIR POLLUTION. GRANTED FIRST READING. Mr.
Hyde presented Ordinance No:113A for First Reading, noting receipt of a peti-
tion bearing sixteen names which had been Submitted urging action to control
air pollution.
Minnesota regulations and.provide that only leaves can be burned after adoption
of the ordinance, and that this practice must be discontinued two months after
the ordinance has been adopted.
ordinance for First Reading as follows:
Councilman Shaw then offered the following
Mr. Hyde advised that this ordinance would adopt the State-of
Councilman Shaw then offered the following
ORDINANCE NO, 113A
AN ORDINANCE REGULATING BURNING OF TRASH AND REFUSE
AND IMPOSING A PENALTY FOR VIOLATION THEREOF
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNFSOTA, ORDAINS:
Section 1. Minnesota Pollution Control Agency Regulations. There are hereby
adopted and put into effect throughout the Village as the regulations govern-
ing the prevention, abatement and controlling of air pollution, those certain
regulations of the Minnesota Pollution Control Agency, Minn. Reg. APC 1-15
126 6/15/70
-
inclusive, effective July 7, 1969, as amended by Amendment So Air Pollution Control
Regulation 1 effective June 3, 1970, and as amended by Amendments to Air
Pollution Control Regulations 2, 3 and 8 inclusive, effective June 5, 1970,
(hereinafter referred to as the.MPCA Air Pollution Control Regulations.)
Section 2. IPCA Air Pollution Control Regulations on File.
the WCA Air Pollution Control Regulations marked "Official Copy" shall be
filed ia the office of the Village Clerk prior to publication of this ordinance,
and shall remain on file in said office for use and examination by the public.
The Clerk shall furnish copies of said regulations or standards at cost to any
-person upon request.
Section 3. Definitions,
(a)
Three copies of
Wherever the word "agency" or llMinnesota Pollution Control
Agency" is used in the regulations, it shall be held to
mean the Village of Edina.
Wherever the word "director" is used in the regulations,
it.shall be held to mean the.Director of Public Safety or
his authorized agent.
(b)
Section 4.
any regulation or standard referred to herein, pr any order made pursuant
thereto, shall be guilty of a misdemeanor and subject to a fine not to exceed
$300, or by imprisonment for a period not to exceed 90 days, or both.
day's violation after notice thereof shall constitute a separate offense.
Section 5,. Repealer. Ordinance No. 113 as amended and Ordinance No. 118A
as pertains to the Fire Prevention Code of the American Insurance Association
(Edition 1965) Art. 28, Section 18-1, are hereby repealed.
Section 6, Separability, Should any section, paragraph, sentence or word
of this ordinance or of any regulation or standard referred to herein or the
application thereof in any circumstance be declared invalid for any reason by
a court of competent jurisdiction, such decision shall not affect the valid-
ity of the ordinance, regulation or standard as a whole or any part thereof
other than the part so declared to be invalid, nor affect the application or
validity thereof in any other circumstance.
Section 7. This ordinance shall be in full force and effect upon the adopt-
ion and publication thereof.
ORDINANCE NO. 57-1 GRANTED.FIRST READING. Mr. Hyde presented Ordinance No..
57-1 for First Reading, which ordinance will update the present ordinance as
to street excavations and their repair.
following resolution for First Reading as follows:
Penalty. Any person triolating any,provision of this ordinance, or
Each
Councilman Courtney offered the
ORDINANCE NO. 57-1
AN ORDINANCE AMENDING ORDINANCE NO. 57 AS TO EAYMEXC OF EXES FOR
RESTORATION AM, REPAIR OF STREET SURFACES DAMAGED AS THE RESULT OF
SURFACING PATCHES
EXCAVATIONS, SAFETY REGULATIONS AND TEMPORARY BITUMINOUS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
"Section 4. Fees for Permits, Before g permit is issued, the applicant
Section of of Ordinance No. 57 of the Village is hereby
amended to read as follows:
shall pay a fee of $5.00 to the Village Treasurer for each location covered
by the permit.
thereof of longitudinal excavation shall be deemed a location.
and restoration, as folloxqs:
Each transverse excavation and each 100 feet or portion
1
The applicant shall also pay a fee on demand for street surface repair
(a) Graveled or oiled surface $10.00
(c) Portland cement concrete surface $40.00
(b) Asphalt concrete or bituminous sursace $30 , 00
. (d) Heavy duty asphaltic cement $50.00
All fees are based on a hole size of 2 feet x 4 feet,
will be charged proportionately . I'
ordinance is hereby amended to read as follows:
work interferes with the normal use of the co~truction area, provisions will
be made to close the corstruction area to traffic or to afford it restricted
use of the area.
requirements will be complied with."
amended to read as follows:
identified by barricards, flags, and if required, by flagmen in the daytime,
and by blinkers at night."
Larger pavement cuts
Section 2. Section 10, subsection (a) (1) Section 27 (f), or said
"Section 27 (f) Traffic Provisions: In all cases where construction
Hennepin County Highway Department traffic safety signing
Section 3. Section 10, subsection (a) (2) of said ordinance is hereby
"(2) Excavations and work operations shall be properly protected and
6/15/70 I27
Section 4. Section 10, subsection (b) (1) of said ordinance is hereby
"(10) The Contractor will promptly thereafter place a temporary
amended to read as follows:
bituminous surfacing patch; and after stabilization is assured (approximately
60 days) the Village will accomplish permanent ,resurfacing with Portland
Cement Concrete, Asphalt Concrete, etc., as appropyiake".
passage and publication according to law.
Section 5. This ordinance shall be in full force and effect upon its
17 MERILANE REQUEST FOR IJATER APPROVED; CONSUMER'S DEPOSIT TO BE ASSESSED.
Mr. Hyde noted receipt of a request for water for 17 Merilane where the well
has gone dry, and noted the. request of Dr. Leo,nard M. Schuman that the con-
sumer's deposit for connection to the watermain on Interlachen Blvd. be
assessed rather than charged as a lump sum.
that the Village can legally assess the consumer's deposit, Councilman Shawls
motion that the consumer's deposit fo,r this connection be assessed over a
period of five years at 8% interest wa.s seconded by Councihan Courtney and
carried.
Being advised by Mr. Erickson
.LIQUOR DISPENSARY FUND as of April 30, 1970, was presented by Mr. Dalen,
reviewed and ordered placed on 'file.
TREASURER'S REPORT as of May 31, 1970, was p-resented by Mr. Dalen, reviewed
and ordered placed on file by motion of Councilman Shaw, seconded by Council-
man Courtney and carried.
CLAIMS PAID.
as per Pre-List was seconded by Councilman ShaiJ and carried: General Fund,
$26,066.92; Construction Fund, $5,212.44;. Park, Park Construction, Swimming,
Golf, Arena, $19,508.28; Water, $18,995.31; Liquor Fund, $100,572.05; Sewer
Fund, $4,633.76; Improvements, $3,573.50; Poor and Temp. Imp. Bonds, $74,765.75;
Total, $253,326.01.
Councilman Courtney's motion for payment of the following claims
The agenda's business having been covered, Councilman Courtney's motion for
adjournment was seconded by Councilman Shaw and -carried.
10:30 p.m.
Adjournment at