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HomeMy WebLinkAbout19700908_regular185 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON TUESDAY, SEPTEMBER 8, 1970 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg and Mayor Bredesen. MINUTES of August 3 and 17, 1970, were approved as bubmitted by motion of Councilman Shaw, seconded by Councilman Johnson and carried. - 1971 BUDGET PRESENTED. by State Statute, noting that the proposed budget contemplates a proposed tax levy of $1,910,203 with an estimated proposed mill rage (for the Village only) of 23.39, man VanValkenburg, seconded by Councilman Johnson and carried, Mr. Hyde presented the 1971 Budget to Council as required The proposed budget was accepted for review by motion of Council- STORM SEWER NO. 117 SPECIAL ASSESSMENT LEVIED, Affidavits of Notice were presented by Clerk, approvcds'ab to form and ordered placed on file. to due notice given, public hearing was conducted and action taken as herein after recorded for Storm Sewer No. 117 in the following: STORM SFNER NO. 117 (Prospect Hills, Kemrich Knolls and Hondo Addition area) as described in "Notice of Public Hearingtt on page 181 and 182 in this Minutes Book. Mr. Hyde presented Analysis of Assessment showing total construction cost of $116,053.09e Extra Ordinary Benefit was given at $7,900.00 with the Special Benefit (to be levied over the entire district at $108,153.09. It is proposed to assess the project over 2,584,921 assessable feet at -$0.04184 per assessable foot as against $0.06295 estimated cost per square foot. Mr. Hyde recalled that at the Improvement Hearing it was suggested that the project be assessed with a "no mans Land" for lots from 18,000 square feet to 24,000 square feet. Anyone with a lot up to 18,000 square feet would pay total square footage for that lot. If a lot was more than 18,000 square feet, it would be assessed one-half of the additional square footage. Mr. Hyde also recommended that Lot 15, Prospect Hills, and Lot 4, Block 3, Prospect Hills 2nd'Addition should have provision tihat the balance of the "one-half rate" assessment should be made if these lots are hivided of further developed. Mr. Hyde further pointed out that the Assessors and Engineers had proposed extra- ordinary benefits to low lying lots particularly in Kemrich Knolls, which made .the storm sewer necessary, and also recommended that the assessment be spread aver twenty years. Mr, Jerry Kelly, 5801 Kemrich Dnive, objected to the extra- ordinary benefit of $700 applied to his lot. Mr. Hyde recalled that Mr. Kelly's lot was the swamp hole for the entire area and that the Village had been threatened with a suit by builders in this area if the storm sewer had not been installed. He explained that the Village's method of assessment in declaring some properties to have extra ordinary benefit has been upheld in court. Mr. Roy A. Bogen's letter protesting $500.00 assessmedf.-bfoy extraoramhary benefits for Lat 5, Block 2, Fjeldheim 2nd Addition was noted. Mr. Arnie.Bogen protested the assessment further, noting that the water runs in from E. P. Johnson Addition. Shannon Drive, also protested that the.i-1: property should not have been cpnsidered to be extraordinarily assessed. Mr. Hyde assured Mr. Elsing that the Village would check to see if Mr. Elsing's complaint that his property was filled with gravel and no black dirt under the sod was justified. Mr. Boyd was told that the removal of a culvert does benefit the property whether it improves it aesthetically or not. Following considerable discussion, Councilman Johnson said that he feels that the Village's assessment policy of extraordinary benefit is sound and equitable and offered the following resolution and mwed its adoption: Pursuant Mr. DarrciZX H. Boyd, 7204 Shannon Drive, and Mr. John W. Elsing, 7202 RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STORM 'SEWER IMPROVEMENT NO. 117 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. The Village has given notice of hearing as required by law on the proposed assessment roll for the improvement hereinafter referred to, and at such hear- ing held on September 8, 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 the office of the Village Clerk for Storm Sewer Improvement No. 117 does not exceed the local benefits conferred 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 assessments on account of said respective improve- ment to be spread against the benefited lots, parcels and tracts of land described therein. .3. Lot 15, Prospect Hills and Lot 4, Block 3, Prospect Hills 2nd Addition should have provision that the balance of the $'one-half rate" assessment be made if lots are divided or further developed. I 186 9/8/70 4. The assessments shall be payable in twenty equal annual installments, the 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, 1971, to be payable with the general taxes for the year 1970. 5. 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 the tax lists of the Councy in accordance with this resolution. 6, 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 "ay, 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, Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. ORDINANCE NO. 261-207 GRANTED SECOND READING. nance No. 261-207 for Second Reading as recomdnded by the Planning Commission, whereupon Councilman Shaw offered Ordinance No. 261-207 for Second Reading and moved its adoption as follows: The Village Clerk shall forthwith prepare and transmit .to the County Auditor Mr. Hoisington presented Ordi- ORDINANCE NO. 261-207 AN ORDINANCE AMENDING ORDINANCE NO, 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL AUTOMOBILE .. PARKING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Boundaries of Automobile Parking District, of Section 5, (Automobile Parking District) of Ordinance 261 of revised ordinances of tk Village of Edina, is hereby amended by adding the following subparagraph: Automqbile,Parking District: "(n) Lot 8 and the North 1/2 of West 68th Street, . Section 2. This ordinance shall be in full force and effect from and ded y Councilman Courtney and Block 2, York Terrace." after its passage and publication according to Motion for adoption of the ordinance was sec carried with four ayes and no nays. Coun man Johnson abs ed fromvot'ng. The ordinance was adopted. ATTEST : Mayor , I Village Clerk P ORDINANCE NO, 261-211 CONTINUED INDEFINITELY. ington that the.lega1 description for Ordinance No, 261-211 has never been received by .the Village, Councilman Shaw's motion that the ordinance .be continued indefinately was seconded by Councilman Courtney and carried. LOTS 6 AND 7. BLOCK 1, KILLARNEY SHORES EASEMENT VACATION CONTINUED TO OCTOBER 5, 1970. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file, motion continuing the vacation hearing to October 5, 197Q, was seconded by Councilman Johnson and carried. Upon being advised by Mr. Hois- As recommended by Mr. Hoisington, Councilman Shaw's LOT,l2 AND LOT 13, BLOCK 1, =DE PARK, EASEMENT VACATED. Affidavits of Notice im76ZE presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington advised that no objections were made by the utility companies and recommended that the easement be vacated, No objections being heard from the audience, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION VACATIhG UTILITY EASEMENTS IN LOT PAND LOT 13, BLOCK 1, HYDE PARK WHEREAS, two weeks' published, .posted and mailed notice of a hearing to be held on September 8, 1970, at 7:OO p.m., on,the proposed vacation of the . utility easement hereinafter described has been given and made and a hearing has been held thereon by the Village Council; NOI?, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described utility easement in Hyde Park as shown on the recorded plat thereof, Hennepin County, Minnesota, be and is hereby vacated effective October 20, 1970, unless.on or before said date this resolution is amended, annulled or rescinded by the Village Council: The South 10 feet of Lot 12 and the North 10 feet of Lot 13, Block 1, Hyde Park. -I t 9/8/70 ! SS-292 AND WM-258 BIDS REJECTED. received in response to “Adv.erti.sement fpr Bids in the Edina Sun and Construction) Bulletin. He recalled that these projects are proposed to be installed along T.H. 100 (primarily to serve the Halla property)., noting that because the low bidder was not the low bidder on the Highway job, the State Highway Department refused to give a permit for the construction because of the difficulty of more than one contractor working in the area. As recommended by Mr. Hyde, Council- man Courtney’s motion that the bids be rejected and new bids be taken when the highway is further along was seconded by Councilman Johnson and carried. Mr. Hyde presented tabulation of nine bids EDINBROOK ADDITION RESIDENTS PROTEST CLOSING OF EDINBROOK LANE; MATTER REFERRED TO ENGINEERING DEPARTMENT. Mr. Hyde called the attention of Council to a petition opposing the closing of Edinbrook Lane due to the expansion of T.H. 100. It was noted that this closing would leave only W. 49th Street for access to the area and that this street crosses the railroad tracks and has a 9% . upgrade hill with a 90’ turn at the corner of Westbrook Lane. Mr. Hyde recalled that Pukwana Lane had been vacated and suggested that this could be reopened. Mayor Bredesen said that if the street is improved it should be assessed against benefitted properties. Engineering Department for study was then seconded by Councilman Shaw and carried. ,. Councilman Johnson’s motion referring the matter to the CHANTREY ROAD WATERMAIN PETITION REFERRED TO ENGINEERING DEPARTMENT. As recommended by Mr. Ryda, Councilman ‘Johnson’s motion was seconded by Council- man Courtney and carried referring the petition for watermain bnichantrey Road between Ayrshire Blvd.’ and ‘Northwood Blvd. to the Engineering Department for 197 1 hearing. OVERHOLT HILLS GEORGIA THIRD ADDITION GRANTED FINAL APPROVAL. Mr, Hoisington presented Overholt Hills Georgia Third Addi’tion for final approval as recom- mended by the Planning Commission. No objections were heard, whereupon Councilman VanValkenburg offered the following resolution and moved its adopt- ion : RESOLUTION APPROVING FINAL PUT OF OVERHOLT HILLS GEORGIA ~RD ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat‘ entitled bverholt Hills Georgia-3rd Addition”, platted by Juliet H. Overholt,. and presented at the meeting of the Village Council of September 8, 1970, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. SCHOELL & MADSON, INC,, REGISTERED LAND SURVEY GRANTED FINAL APPROVAL. As recom- mended by Mr. Hoisington and the Planning Commission, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION &?PROVING ’ SCHOELL & MADSON. 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 Schoell & Madson, Inc. , covering; property generally located North of Eden Avenue, South of Vernon Avenue, East of Arcadia Avenue and West of Highway 100 and . presented at the Edina Village Council Meeting of September 8, 1970, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Councilman Shaw and.on rollcall there were five ayes and no nays and the resolution was Sdopted, ROBERT CUNNINGHAM R=2 ZONING HEARING DATE SET ’FOR October 5, 1970, by motion of Councilman Courtney, seconded by Councilman Shaw and carried. P.C.H. ZONING CHANGE‘ HEARING DACE SET. P.C.H. has come in with several different requests for their property located Vest of Walnut Drive and North of Vernon Avenue and have requested further consideration from the Planning Commission. sion will held a hearing on an amendment to the Western Edina Plan 23. klreaay-has a plan and added that,all.plans do is to encourage promoters and speculators. He said that revision of the plan would simply cause delays on something that Council already thinks is proper. Mr. Hoisington kuggested that the plan might be compromised if it is not amended and added that the amendment would not delay the rezoning. Qouncilman Johnson pointed out that the clpnge being suggested is the removal of the low density buffer Vest of Walnut Drive. Mr. Erickson’said that he and Mr. Hoisington had talked about the Western Edina Plan revision and that he had recommended that, since the plan was approved by the Council subsequent to the hearings held by the Plan- ning Commission, it would be prudent to follow that same procedure for any Mr. Hoisington advised Council that He said that the Planning Commis- on September Mayor Bredesen questioned why an amendment is necessary @hen the Village 9/8/70 ) revisions for the plan. Mr. Hosmer Brown, representing P.C.H., said that Mr, Hoisington was essentially correct and tbt P.C.H. had approved the concept for this land which would have 320 units of density congregated on the southern part of the property. the concept and that they want Council to approve a vehicle to carry out this concept, He urged that the concept be approved and said that if the l?estern Edina Plan needed amending, P.C.H. would not contest the amendment. To the suggestion that the portion of the land North of the developed area be given to the Village, Mayor Bredesen said that it would be preferable to keep the property in one private ownership with a restriction as to future development. Councilman Johrfson then moved that a hearing on R-4 zoning for the property be He added that Planning Commission has approved ' set for October 5, 1970. Motion was seconded by Cotfncilman Shaw and carried. HUMAN RELATIONS WEEK DISCUSSED. of the Human Rights Commission for $z;OOO additional funds for Human Relations W&ek to come from the unspent portion of the Human Rights Comission's 1970 budget. Mr. Elwyn A. Anderson, Chairman of the Edina Human Rights Commission, . and Mr. Roger Heegaard, Vice Chairman of the Commission explained the program proposed to be carried out. Councilman Johnson's motion was seconded by Councilman Courtney and unanimously carried approving expenditure of the additional funds as requested. Attention of Council was called to the request FRIENDS OF THE LIBRARY MEETING TO BE HELD. opinion of the Attorney General had not yet been received with reference to the the sale of the new Library to Hennepin County. Mr. Hyde recommended that the matter be continued indefinitely until the opinion of the Attorney General is received. Councilman Courtney then moved that Councilman Shaw be appointed to serve as Council spokesman at a meeting of the Friends of the Library which will be held on September 16, 1970. Valkenburg and carried. Mr. Hyde advised Council that the Motion was seconded by Councilman Van T.H. 100 PLANS DISCUSSED. Mr. Hyde recalled that the State Highway Department had held its required legal public hearing on T.H. 100 and noted that no formal plan has been presented by the Highway Department to the Village for consideration and approval-by the Council. Alternate plans have been presented, particularly on the East and Vest side service drives from I?. 66th'Street to I?. 70th Street. Mr. Hyde referred to a letter from the Highway Department which stated that the Vesterly development was less objectionable and also that a full diamond at Id. 70th Street is considered essential. ment promised to make every effort to develop a final layout that is consist- ent with the traffic statistical demands that minimize damages t;o directly effected landowners and provide the best ecological effect to the Village. 3fr. Hyde referred to a statistical tabulation cSf cost of the houses involved and to a memo from Mr, Hoisington noting his reasons for feeling that the Westerly alignment is better. Nention was made of a letter from Mr. Richard R. Smith, 5113 Meadow Ridge, urging development on the East.side of the high- way. Loenard Mrachek of the Brookview Heights Community Council. also noted from Mrs. Helen Reinhart, 6724 Normandale Road,and Messrs. Burch N. Bell, 6620 Normandale Road, Donald TJ. Steinkamp, 4912 Payton Court, and Charles. L. Madden, Jr., 6800 Normandale Road, who enclosed a petition circulated in May, 1969. Mr. Robert W. Rischmiller, 4920 Poppy Lane, also submitted a petition bearing the names of property owners who requested expansion F?est of the highway. Mr. Th0mas.H. Stevenson, 5105 Abercrombie Drive, said that he represents the Brookview Heights Council and urged the improvement be installed on the East side of the highway. Mr. Ray Jones, 5232 W. 70th Street, was told by Mr. Hyde that the Village would attempt to keep traffic out of residential areas. Mr. Henry Feigal, attorney for Dr. Donald Limbeck, 6713 Normandale Road, Messrs. Leonard Mrachek, 5100 Danens Drive, Burch N. Bell, 6620 Norman- $$le Road, George R. Watson, 6808 Norman'dale Road, Richard Berggreen, 51'21' Dailens Drive? Robert J; McCollister, 6704 Brittany Road, Richard Olson, representing the Evangelical Free Church, and three unidentified gentlemen in the audience all addressed Council-with varying points of view on the plans that a recommendation will be made within the next ninety days. Mr. Watson pointed out that it is impossible to sell a house on the highway at this time and because a number of property owners wish to move an early decision is important . Following conside2able discussion, Councilman Johnson offered the following resolution and moved its adoption: I The Highway Depart- A petition urging construction on the East side was submitted by Mr. Letters were * .. '-f& the highway. Mr.-Dunn said that the State Highway Department has indicated RE SOLUTION BE IT RESOLVE3 that the approval of plans for T.H. 100 be continued until a firm proposal is presented- to *the Edina Village Council at a PubIic .Hearing by 9/8/70 the Minnesota Highway Department on the alignment of T.H. 100 from the Crosstown Highway South to the Village Limits, together with the reasons for the particular alignment that is recommended; and BE IT RESOLVED that the Minnesota Highway Department be urged to so realign the service road to the West and South of T.H. 100 and I?. 70th Street to abate the traffic moving into residential areas, including, but not limited to, ?lie noise abatement, if any there be, for any such alignment; and BE IT FURTHER RESOLVED that the final plan be submitted to this Council as expeditiously as is reasonably possible with all deliberate speed. Motion for aqoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. ORR-SCHELEN, MAYERON & ASSOCIATES AGREEMENT AUTHORIZED. agreement whereby Orr-Schelen, Mayeron & Associates would be authorized to make a study of the Banitary @ewer facilities of the Village. that,the agreement is set up on ar, hour,ly basis and that the study cannot exceed $10,000 in' cost without further authorization. from the Village of Edina and the interceptor system and the lines through Rich- field and Minneapolis systems. agreement was then seconded by Councilman Shaw and carried. Mr. Hyde presented an Mr. Dunn explained- I A study will be made of the flows Councilman Johnson's motion authorizing the MINNEiQOLIS SEWER BILLS DISCUSSED. been heard from the City of Minneapolis relative to the $28,000 over which there is a difference of opinion. No action was taken, METRO SEWER BILLS DISCUSSED. Mr. Dalen advised Council that the Village has received the Metro Sewer Eill and that we are in the process of reviewing future charges so that the Village can develop a rate that will be somewhat constant for the next ten or fifteen years. Councilman Johnsonls"motion that the matter be further stud5ed by Mr. Dalen was seconded by Councilman Courtney and carried. Mr. Hyde advised Council that nothing has ' Following some discussion, - AGREEMENT WITH HENNEPIN COUNTY FOR VERNON AVENUE-GRANDVIEW AREA CONTINUED TO September 21, 1970, by motion of Councilman'Johnson, seconded by Councilman Shaw and carried. EDEN AVENUE BRIkE WIDENING REQUESTED. fo5thcoming widening of T.H. 100, Our Lady of Grace Church has requested that the Eden-Avenue bridge over the M.N.& S. Railroad tracks be widened and requested permission to apply.to the Public Service Commission for approval. Councilman Shawl s motion granting permission to apply to the Public Service Commission as recommended by the Village Manager was seconded by Councilman Courtney and carried. bridge also. W.'78TH STREET BRIDGE COST SHARING DISCUSSED. the Public Service Commission had ruled that the M;N;&,.S. Railroad should pay ten percent of 'the cost of the W. 78th Street Bridge over the M.8.& S. Railroad, with 90% being paid by the Village. involved, the railaoad actually paid only 7%. Mr. Hyde advised Council that, with the I It was noted that the street would be.widened under the Mr. HyBe..advised Council that He added that with additional costs No action was taken. MORNINGSIIIE AREZ-GARBAGE COLLECTION BIDS AUTHORIZED. T"Mr;'.L EYZlG 2rBc;al led that Mr. Sloan had reiterated the fact that he was losing money because of the addi- tional volumes of rGbbish to be collected. He said Chat letters had been sent to the approximately 637 subscribers, enclosing a bill for $4.00 *for the balpnce of the year. Mr. Hyde recalled that it had been indicat'ed at the time of the Morningside annexation that there would be no change in their garbage pick-up, although no Council committment was made. Mr. Hyde said that in view of problems in ga'kbage collection, he would recommend th'at the Village not collect for Morningside next year on a special assessment basis. area gets more service than the rest bf Edina for less money, and said that the rest of the Village shobld have a similar opportunity.; Founcilman Courtney" & said that until Mr. Sloan is no longer the low bidder, garbage,pick-up in the Morningside area should continue as it is at the present kcme. Mr. Courtney suggested that the same arrangement could be'made for the rest of the Village. He added that if Mr. Sloan ^should go out of business, the Morningside Area ' would have to go. the same route as the rest of the Village, but until he shows that there will be no bid, Uounc'ilman Courtney thought that Council should hold up any action. raising the bond so that marginal collectors will be elimihated. Johnson concurred with Mayor Bredesen, stating that he feels that all residents should receive the same benefits, Some 344 payments Save been received with very few complaints.-- , Mayor Bredesen noted that th& Bforningside I Mr. Dalen suggested the possibility of asking for bids and Councilman Following considerable discussic& Council- -. 9/8/70 man Courtney's motion that bonds be required for any bidder of $25,000 for the Morningside Area and $100,000 for the remainder of the Village, with the understanding that any bids can be rejected was further amended by Councilman Johnson that alternate bids be taken for direct billing and fog special assess- ment, Councilman Shaw seconded bbe motion which carried unanimously: Council- man Johnson then offered the followi+g'resolution authorizing advertisement for bids and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR GARBAGE COLUCTION AND DIRECTING ADVERTISEMENT FOR BIDS BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. BIINNESOTA: 1. The plans and specifications for the proposed improvements the following Advertisement for Bids form, heretofore prepared file in the office of the Village Clerk are hereby approved. 2, The Clerk shall cause to be published in the Edina Sun and Bulletin the following'notice for bids for garbage collection: (Official Publication) VILLAG~E OF EDINA HENNEPIN COUNTY, MINNESOTA EDINA, NINNESQTA . 55424 ADVERTISEMENT FOR BIDS set forth in and now on Construction COLLECTION OF GARBAGE AND HOUSEHOLD REFUSE SEALED BIDS will be opened and pub1icly'read"in the Council Chambers, Edina Village Hall, 4801W. 50th Street, Edina, at 11:OO a.m., Wednesday, September 30,,1970, and the Edina Village Council will rheet at 7:OO p.m., Monday, October 5, 1970, to consider said bids, being for the following: COLLECTION OF GARBAGE & HOUSEHOLD REFUSE POR THE VILLAGE OF EDINA AND THE AREA FORMERLY KNOWN AS THE VILLAGE OF MORNINGSIDE Bids must be in conformance with specifications on file in tEie office of the undersigned and must be submitted n6 later than 11:OO a.m., Wednesday, Septem- ber 30, 1970, in a securely sealed envelope marked "Bid for Collection of Garbage and Household Refuse" and accompanied by bid security in the form of cash deposit, bid bond, cashier's or certified check in an amount equal to not less than 10% of the total net bid. The Village Council reserves the right to reject any or all bids. BY 0mER OF THE EDINA VILLAGE COUNCIL. I FLORENCE E. HALLBERG ' VilXage Clerk Motion for adoption of the resolution was seconded'by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. HIGHLlwD LAKE CONTINUED TO SEPTENBER 21, by motion of Councilman Johnson, sec- onded by Councilman Courtney and carried. MARK TERRACE DRIVE SANITARY SEWER DISCUSSION CONTINUED to .September 21, by. motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried. BENTON AVENUE 17ATERB.IAjiN REPLACEMENT BID AWARDED. because probleis have occurred in view of the'klepth of the watermain on Benton Avenue, he recommended that the watermain bk raised to the standard depth. He said that bwd bids had been received in response to a request for bids and requested authority to enter into contract with Q.R.S. Construction, Inc., with the contractor doing the work and the Village buying the materials. Councilman Courtney's motion awarding bid to Q.R.S. Construction, Inc., in the amount of $2,500 was seconded by Councilman VanValkenbu-rg and carried. TRAFE'IC SAFETY COMMITTEE MINUTES-OF-AFIGUST -14, 1970 I were accepted by motion of Councilman Johnson, seconded by Councilman VanValkenburg and carried. . EUMAN BE~~PO~B~,~O~SBI0~p~~~~~S MADE: Councilman VanValkenburg's motion was seconded by Councilman Shaw and carried, confirming the appointment of School Board appointees, Mrs. Dihm Greensweig and >ire Charles Clay to the Human Relations Commission,7**c ' 3r 1- .' '1 BRAEMAR BLW.AND OVERHOLT PASS NAMES APPROVED. sented by Clerk, approved as to form and ordered placed on file. presented Ordinance No. 164-44 naming Braemar Blvd. and Overholt Pass, whereupon Councilman Courtney offered the following ordinance for First Reading: Mr, Dunn advised Council that As' recommended by Mayor Bredesen, I Affidavits of Notice were pre- Mr. Hyde ORDINANCE NO. 164-44 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE CERTAIN STREETS, ROADS AN6 AVENUES OF THE VILLAGE OF EDINA NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING 9 /a170 i THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended by adding after Section 70 the following: Section 1. Ordinance No, 164 -f the Village amended, is hereby further "Section 71, Braemar Park Road to the extent it is located within Braemar Park is fiereby named ' Braemar Boulevard' .I' *'Section 72. is hereby named 'Overholt Pass'.'' Outlot A,.Overholt Hills Georgia 2nd Addition, This ordinance shall be in effect.from and after its pass- Section 2. age and publication according to law. - ORDINANCE NO. 141A-3 ADOPTED. As recommended by Chief Bennett, Councilman Courtney offered Ordinance'No. 141A-3 as follows and mowed its adoption with waiver of Second Reading: QWINANCE NO. 141A-3 AN ORDINANCE DEFINING AN ADDITIONAL MISDEMEANOR AND PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: possess, or have in his custody or control any destructive device which shall include, but is not limited to, any device, apParatus, or equip- ment by whatever name known, which causes damage by combustion Qr explosion. It shall include any bomb, time bomb, Molotov cocktail?,grenade, mine, rocket or missile, and any type of weapon which will, or is designed to, or may readily be converted to, expel a projectile by the action of any explosive. This provision shall not apply >to owners, employees, or agents of bona fide business operations which store, transport, or use explosives in said operation, nor shall it apply to a government official acting in the discharge of his official duties, nor shall it apply to persons who have procured dynamite as set forth in Minnesota Statutes Section 365.25 and.other Emergency Regulations issued by the Governor of the State of Minnesota or The Minnesota Director of Public Safety. custody or control any false or hoax device, apparatus, or equipment described in Section 1, and place the same in any public.building or place. Section 1. Destructive Devices. No person shall manufacture, own, ' Section.2. No person shall manufacture, own, possess, or have in his Section 3. Section 4. Any violation of the sections enumerated shall be a misdemeanor. This ordinance shall be in full force and effect immediately upon its passage and publication according to law. Motion for adoption of the and on rollcall there were ATTEST : Mayor 1 ORDINANCE NO. 141A-2 ADOPTED. As recommended by Chief Bennett, Councilman VanValkenburg offered Ordinance No.'141A-2 for adoption, wai-ing Second Reading and moved its adoption as follows: ORDINANCE NO. 141A-2 PRESCRIBING A PENALTY AN ORDINANCE DESCRIBING AN AMENDED MISDEMEANOR AND THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance 141A, Section 2, Subdivision Section 609.79, shall be amended to read as follows: Subdivision 1. Uhoever , (1) By means of a telephone, (a) Makes any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy or indecent, (b) Makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number, Makes or causes the telephone of another repeatedly or continuougly to ring, with intent to-harass any person at the called number, Makes or causes to be made a telephone call with intent as a hoax to threaten to bomb or threaten that a bomb has been placed in any building or in any location other than a building where said bomb, if it were so placed, night cause injury or death Knowlingly permits any telephone under his control to be used for any purposes prohibited by this section shall be guilty of a misdemeanor. (c) (d) * to a person or damage to property, or (2) Section 2. This ordinance shall be in full force and effect immediately Section 3. upon its passage and publication according to law. Violations of any section hereof shall be a misdemeanor. 1 Motion for adoption of the ordinance rollcall there-were five ayes and no by Councilman ordinanceas Shaw and on adopted. ATTEST : 9kb.dw/ Village Clerk ,/) Nayor 1' AT, VALOREM TAXES CANCELLED. offered the following resolution and moved its adoption: As recommended by Mr. Dalen, Councilman Johnson RESOLUTION CANCELLING IMPROVEMENT FUNDS AD VALOREM TAXES COLUCTIBLE VITH 1971 GENERAL PROPERTY TAXES . WJ3EREAS, the Village Council of the Village of Edina has, by resolution adopted March 2, 1953, levied a Special ad valorem tax for the payment of principal and interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the amount of $18,0000 being collectible with and as a part of other general taxes for the year 1971; and WHEREAS, the Village Council of.the Village of Edina has, by resolution adopted October 26,' 1953, levied a special ad valorem tax for the payment of principal and interest of its Southdale Improvement Fund, said ad valorem tax in the amount of $16,700 being collectible with and as a part of other general taxes for the year 197~1; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issues; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that those ad valorem tax levies made by Resolution of this Council adopted March 2, 1953, and October 26, 1953, and collectible with and as a part of other general property taxes in said Village for the year 1971, be and hereby are cancelled; - ' NOW, THEREFORE, BE IT, RESOLVED by the Village Council of the Village of Edina that $5,400 of that ad valorem tax levy made by resolution of this Council dated Feblruary;.25, 1957, be and is hereby cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad vaJorem tax levies $nd'>to delete said levies from taxes to be spread for the year 1971. Motion for adoption of the resolution was seconded by Councilman VanValkenburg .and on rollcall there were five ayes and no nays and the resolution was adopted. GOVERNMENTAL SPENDING RESOLUTION ADOPTED. As recommended by Mayor Bredesen, Councilman VanValkenburg offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina Village Council encourages and petitions'the County of Hennepin to practice the utmost fiscalconcern and restraint in the adoption of next year's budget; and . BE IT RESOLVED that the Edina Village Coun&.l encourages and petitions the school boards of our Village to practice. the utmost fiscal concern and restraint in the adoption of next years budget; that their concern for quality education for.our children should be properly balanced against what our various types of citizens can afford; and BE IT RESOLVED that the Council invites the School District oqficials to cooper- atively and jointly study and recommend ways inwhich the school districts with their large fiscal programs might be organized and staffed in such a manner as to maximize the benefit derived from the tax dollars dedicated to schools, so that our children might receive the very highest educational benefit which we so earnestly wish for them to have; further, we would like . to em$hasize our commitment to, and high regard for quality educational programs provided to our children who are the future of our personal happiness, our pride, our society and our great country; NOW, THERETORE BE IT FURTHER RESOLVED that the school districts, counties and municipalities create their budgets so as to reduce their mill rates in order to offset the inflationary increase of the 1970 assessed valuation. Notion for adoption of the resolution was seconded by Counciihman Johnson and on rollcall there were five ayes and no-nays and the resolution was adopted. METROPOLITAN AIRPORTS COMMISSION MEMBERSHIP REVISION REQUESTED. by Mayor Bredesen, Councilman VanValkenburg offered the following resolution As recommended I .I and moved its adoption: WHEREAS, the Metropolitan Airports Commission membership includes four members from the City of Minneapolis, four members from the City of St. Paul and one member from a county not contiguous to Hennepin or Ramsey Counties; and WHEREAS, the Twin Cities suburban area has no representation on the Metro- politan Airports Commission; RE SOLUTION 9/8/70 Yr '513 NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council that the Minnesota State Legislature restructure-the Metropolitan Airports Commission to include representation based on population of the entire Twin Cities Metropolitan Area. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. LIQUOR REPORT as of July 31, 1970, was submitted by Mr. Dalen, reviewed and ordered placed on file. by motion of Councilman Shaw, seconded by Councilman Johnson and carried. TREASURER'S REPORT AS OF JULY 31, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. - HEARING DATE SET FOR VARIOUS ASSESSMENT HEARINGS. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING. FOR SPECIAL ASSESSMENT HEARINGS FOR SANITARY SEWER NO. 288, STORM SEWER NO. 122 WATERMAIN IMPROVEMENTS NOS. 244 AND 250 STREET IMPROVEMENTS NOS. BA-144, 146 AM, 162 BE IT RESOLVED by the Villagd Council of the Village of Edina, Minnesota, as follows : 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice 0% Hearing forms hereinaftef recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed 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 forms hereinafter contained, t'o pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official nexispaper in accordance with law is hereby approved; Notices being as follows: As recommended by Mr, Dalen, This Council shall meet at the time and place specified in the Notice of (Official Publication) VILTAGE OF EDINA NOTICE OF ASSESSMENT FOR SANITARY SEWER NO. 288, STORM SEWER NO. 122 WATERMAIN IMPROVEMENTS NOS. 244 AND 250 , HENNEPIN COUNTY, MINNESOTA STREET IMPROVEMENTS NOS. BA-144, 146 AND 162 THE EDINA VILLAGE COUNCIL will meet on Monday, September 21, 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 Cle-rk and open to public inspection. equal installments over a period of ten (10) years. assessment will be payable with the taxes for the year 1970, 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. To each subsequent installment will be added interest at the same rate for one - year on all unpaid installments. following improvements may pay the whole of the assessment without interest to the Village Treasurer on or before November 15, 1970, or make payment with accrued interest to the County Treasurer. Assessments will be payable in ten First payment of each The owner of the property assessed for the 1: 2. 3. 4. 5. 6. -7:. CONSTRUCTION OF SANITARY SE~ER NO. 288 IN THE FOLLOWING: Hyde Park Drive from Dewey Hill Road South 470' 2 Hyde Park Cifcle from Hyde Park Drive to cul-de- *sac CONSTRUCTION OF,STORM SEWER 122 IN THE FOLLOWING: Hyde Park Drive from Hyde Park Circle to 50: p East CONSTRUCTION OF WATERMAIN NO. 244 IN THE FOLLOWING: Ridgeway Road from Tracy Avenue to Nestridge Blvd. Westridge Blvd. from Ridgeway Blvd, to Highland Road Highland Road from Westridge Blvd. to Tracy Avenue CONSTRUCTION OF WATERMAIN NO. 250 IN THE FOLLOSJING: Hyde Park Drive from Dewey Hill Road to 470' & South Hyde Park Circle from Hyde Park Drive to cul-de-sac Ohms Lane from South line of Edina Interchange Center 3rd Addition North West 73rd Street from Ohms Lane to cul-de-sac CONSTRUCTION OF BLACKTOP STREET, CURB AND GUTTER NO..BA-146 IN THE FOLLOWING: Benton Avenue from Josephine Avenue to Hansen Roa$ CONSTRUCTION OF BLACKTOP STREET, CURB & GUTTER NO, BA-126 IN THE FOLLOWING: Darcy Lane from Hansen Road to cul-de-sac CONSTRUCTION OF BLACKTOP STREET, CURB AND GUTTER NO. BA-144 IN THE FOLLONING: to cul-der.sac BYLORDER~F THE VILLAGE COUNCIL. Florence B:Hallberg Village Clerk 194. 9/8/70 Not&on for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. CUIMS PAID: Councilman Johnson's motion was seconded by Councilman Courtney and carried for payment of the following claims: Construction Fund, $7,537.07; Park, Park Construction, Swimming, Arena, Golf, $22,406.36; Water Fund, $8,328.03; Liquor Fund, $28,167.21; Sewer Fund, $1,864.51; P.I.R. and Poor; $101.56; Total, $100,984.64; and for confirmation of payment of the following claims in August: General Fund, $4,693.05; Construction Fund,. $11,000.00; Park, Park Construction, Swimming, Golf and Arena, $1,290.61; Water Fund, $2,559.50; Liquor Fund, $62,236.32; Total, $81,779.48. General Fund, $32,579.90; Councilman Johnson's motion for adjournment was-then seconded by Councilman Shaw and carried. Adjournment at 10:15. bL P- L/.. Village Clerk c