Loading...
HomeMy WebLinkAbout19701005_regularit- * w .& I3 MINUTES OF THE REGULAR MZETING OF THE EBINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, UCTOBER -5 , 1970 Members answering rollcall were Councilmen Courtney, Johnson VanValkenburg and Mayor Bredesen. MINUTES of September 8, 1970, were approved as presented by motion of Council- man Johnson, seconded by Councilman VanValkenburg and carried. PUBLIC HEARING CONDUCTED ON PROPOSED ASSESSMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as here- inafter recorded: A. STORM SEWER IMPROVEMENT NO. 114 (50th & France Area) as described in the minutes of September 21, 1970 found on page 203,.book.33. Mr. Hyde presented Analysis of Assessment showing total construction cost at $152,383.28, pro- posed to be assessed against 748,077 assessable square feet at $0.2037 per assessable square foot against estimated cost of $0.229 per assessable square foqt. ing the assessment was seconded by Councilman Courtney and carried.' (See >Besoluti on Ordering ' Assessment: later in llinutes .) B. -PARKING RAMP P-1 (50th & France Area) Counc&:llman.VanValkenburg's motion postponing the hearing on Parking Ramp P-1 was seconded by Councilman Johnson and' carried. C . fJATERMAIN IMPROVEMEN T 243 in the following: Interlachen Circle from Interlachen Road to Interlachen Road Mr. Hyde presented Analysis of Assessment showing total construction cost at $39,758.40 proposed to be assessed against fifteen assessable lots for the watermain and eighteen lots for the street surfacing and curb and gutter imprwement. Proposed assessment for Street surfacing and curb and gutter only was given at $1,501.05 per assessable lot and watermain and street sur- facing.and curb and gutter was given at $2,350.35 per assessable lot. Mr. Hyde noted that the estimated assessment had been given at $1,625.84 for watermain and street surfacing and curb and gutter and at $1,025.04 for street surfacing and curb and gutter only. In response to questioFs of unidentified spectators, Mr? Dunn-explained that the cost of the improvement was consider- ably higher than the estimate. Reasons for the higher cost were that the wall-had inadvertently been omitted from the original estimate, higher cost of materials and higher cost of labor. In response to Councilman Johnson's question, Mr. Dalen said that if Council wished, the improvement could be spread over fifteen years because the interest would be aubstantially higher than on a ten year assess- ment. Councilman Johnson,"s motion ordering the tmprovement as proposed was then sec- onded by Councilman Courtney and carried. (See Resolution Ordering Assegsment later in Minutes.) D. 1970 STREET OILING IMPROVEMENT in the following: Nest 54th Street from Xerxes Aveneto ZenitP Avenue West 56th Street from Dale AvenGe to Hansen Road West 59th Street from Oaklawn Avenue. to Wooddale Avenue Mr. Hyde presented Analysis of Assessment showing total assessable cost at $685.17, proposed to be assessed against 2,016;27 assessable feet at 34C per assessable foot. offered the followi-ng resolution and moved its adoption: No objections were heard, whereupon Councilman Johnson's motion approv- The assessment hearing will be conducted on April 19, 1970. 1 but that he would not recommend that this be done The possibility of lengthening the term of the assessment was not pursued. No ob jecbions were heard, whereupon Councilman Johnson RESOLUTION ADOPTING ANT) CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STORM SEWER NO. 114, WATERMAIN NO. 243, AND 1970 STREET OILING 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 hearings held on October 5, 1970, has considered all oral and written object- ions 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 fpr Storm Sewer No. 114, Watermain No. 243 and 1970 Street Oiling 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 confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land describer therein. 3. Storm Sewer No. 114,and Watermain No. 243 shall be payable in equal annual installments with Storm Sewer No. 114 to be paid in twenty annual installments and Watermain No. 243 to be paid in ten annual installments, The Village has given notice of hearings as required by law on the proposed , 10/5/70 I 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. 4. Street Oiling for 1970 will be payable with the taxes foz the year 1970, collectible in 1971, with interest on the entire assessment at the rate of 5% per annum. 5. 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 the tax lists of the County 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 way, as required by Minnesota Statutes, Section 429.061, Subdivision 4 and if any sich assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said 9 section. * Motion for adoption of the resolution was seconded by Councilman VanVallcenburg and on rollcall there were four ayes and no nays and the resolution was adopted. ROBERT CUNNINGHAM REQUEST FOR R-2 ZONING GRANTED FIRST READING. potice were presented by Clerk, approved as 'to form and ordered placed on-file. Mr, Hoisington presented the request of Mr. Robert Cunningham for R-2 zoning at '5405 Hansen Road, approval in light of its surroundings, because of the manner in which the dwell- ing has been built and because the lot is of legal size for R-2 zoning. objections were heard, whereupon Councilman VanValkenburg offered Ordinance No. 261-212 for First-Reading as follows: The Village Clerk shall forthwith prepare and transmit to the County Affidavits of He advised that Planning Commission had recommended No ORDINANCE NO. 261-292 AN ORDINANCE AMENDIhG ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1. Elultiple*Residence District Boundaries of Section 4 (Multiple Residence District of Ordinance No. 261 of revised ordi- nances of the Village of Edina is hereby amended-by adding the following sub- paragraph : District R-2 "(57) Section 2. This ordinance shall be in full force and effect from and Lot 1, Block 1, Jones Parkf1 after its passage and publication according to law. IJESTERN EDINA PLAN AMENDED. P.C.H. ZONING GRANTED FIRST READING AND WALNUT RiWE 111 ADDLTION GRANTED PRELIMINARY APPROVAL. Mr. Hoisington advised Council that Planning Commission had held a formal hearing on the Nestern Edina Plan Amendment on September 23, 1970, which amendment provided for changing the low density attached housing buffer zone to open space between the single family development West of IJalnut Drive and the medium density residential develop- ment on the West side of the P.C.H. property. Commission had recommended approval of the amendment. Councilman VanValkenburg, public hearings were held simultaneously on the Preliminary Plat for Walnut Ridge I11 Addition and for the zoning request of P.C.H. for R-4 Multiple Residence District zoning forb Valnut Ridge 111 Addition. Affidavits-of Notice for the zoning matter and for the preliminary plat hear-- ing were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington reviewed plans of P.C.H. which provide for a cluster of eight R-4 structures (320 units) on the Southern portion of the property near Vernon Avenue, leaving the Northern portion as undeveloped open space. to leave Outlots A and B with R-1 zoning with R-4 zoning on Outlot C. Hoisington added that the Planning Commission had recommended approval of the plat as well as the R-4 zoning, with the provision that a deed restriction be imposed, limiting the number of units to 320 on Outlot C and also that Outlots A and B be dedicated to.the Village as part of the plat approval. ington said that plans had not been finalized as yet so that the distance. between the R-1 residential area and the apartment buildings had not been determined. Nr. David Brown, 6008 Walnut Drive, protested the zoning, stating that he thought that he had bought property in an R-1 area and that R-4 zoning was most inappropriate. residents must be satisfied with the plan inasmuch as Mr. Brown was the only person offering a protest, Mr. Brown said that residents felt that Coundil would only "rubber stqnp" the recommendations of the Planning Commission. Councilman Johnson said that he did not understand how Nr. Brown could come to He stated that the Planning As recommended by It is proposed Mr. Mr. Hois- In reply to a statement of Councilman Johnson that 10/5/70 that decision, particularly in view- of 'Council action at the last meeting. \ Councilman Johnson suggested that residents are satisfied that the plan pro- posed is a reasonable solution and that..is the reason that they neze not at this meeting. was zoned R-4, anything that fits within the R-4 zoning would be permissible, as long as it complies with the building code. sion, Councilman Courtney said that he believed that Council should assure itself that every effort would be made to push the apartment complex back as far as possible and offered the following resolution and moved its adoption: Village Attorney Erickson noted that as long as the property Following considerable discus- RE SOLUTION APPROVING AMENDMENT OF WESTERN EDINA PLAN BE IT RESOLVED that the Edina Village Council approve the VJestern Edina Plan Amendment to incorporate open space in place of low density attached housing immediately TJest of the houses on Yalnut Drive. Motion for adoption of the resolution was seconded by Councilman VanValken- , burg and on rollcall there were four ayes and no nays and the resolution was adopted. then held, with Councilman Johnson stating that Codncil should assure itself that the open area (Outlots A and B) will be dedicated. added that this area serves a hydraulic function and should remain in its natural unimproved and wild state. following resolution gsanting preliminary approval of Walnut Ridge 111 and moved its adoption: Specific discussion relative to Walnut Ridge 111 Addition was Mr. Hdisington Councilman Johnson then offered the ' RESOLUTION APPROVING PRELIMINARY PLAT OF ADDITION WALNUT RIDGE THIRD , BE IT RESOLVED by the Edina Village Council that that certain plat entitled ~ Walnut Ridge Third Addition", platted by P.C.H. Company and presented a't: the Edina Village Council Meeting of October 5, 1970; be and is hereby granted preliminary approval with the understanding that final approval be withheld pending dedication of Outlots A and B to the Village of Edina. Motion for adoption of the resolution was seconded by Councilman VanValken- burg and on rollcall there were four ayes and no nays and the resolution was adopted. Councilman VanValkenburg then offered the following ordinance for First Reading, approving R-4 zoning on proposed Outlot C, subject to receipt of a deed restriktian limiting the number,of units to not more than 320 and to retaining an'open area along the East side of the property before Second Reading is held: ORDINANCE NO. 261-213 AN ORDINANCE AMENDING ORDINANCE NO. 261 ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT Section 1. (ZONING ORDINANCE) OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Section 4, (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the following subparagraph: Paragraph 1, Multiple Residence District Boundaries District R-4 "(38) Section 2. Outlot C, Walnut Ridge I11 Addition: This'ordinance shall be in full force and effect from and. after its passage and publication according to law. LOTS 6 AND 7. KILLARNEY SHORES EASEMENT VACATION CONZXMJED INDEFINLTELY. As recommended by EIra Hoisington, Councilman VanValkenburg's motion continuing in- definitely the easement vacation hearing for Lots 6 and 7, Killarney Shores, was seconded by Councilman Cpurtney and carried. GARBAGE -BIDS CONTINUED TO NOVEMBER 2, 1970. Mr. Hyde presented tabulation of four bids received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin. Tabulation showed Edina Morningside low bidder for garbage and refuse collection in the Morningside area at $42.00 per year for twice a week pickup whether or not the Village does the billing or the contractor does the billing. Vierkaht Disposal hfid Modern Clean-up Service of Tenn., Inc., both bid $45.00 for one collection per week in the Morning- side area with the Village doing the billing. Lake Harriet and Edina Sanitary Service submitted a bid of .$48.00 for one collection per week with the Village, doing the billing. Modern Clean-up Service of Tenn., Inc., was low bidder for Ohce a week collection for the entire Village at $45.00, with the billing to be done by the Village. Mayor Bredesen recommended continuing the award of bids, noting that he was disturbed about several things. He objected to the bidders having the Village doing the billing without any reduction in cost, Ho the fact that the bids received called for a higher cost to residents of the Village as well as to a higher cost to the Village if it assumed the responsibility of doing the billing. Mr. Donald Halla, 7120 West Shore Drive 10/5/70 asked why consideration was not being given to dividing the Village into sections as had been pr'oposed in 1969 and was told that residents had not wanted this plan. Letters of opposition to a change in system were noted from Messrs. Bruce Nelson of Gorgas Avenue, James G. Rose, 5225 W. 62nd Street, Richard V. Scott, 6009 Idylwood Drive and Nrs. Donald F. Pearson, 6015 Idylwood Drive. Wardell referred to Northwest .Land Fill which he said was very economical and which would compress trash and garbage. Me~-als&rs@olcenoSt~invironmental plan- ning and suggested recycling cans and bottles and dividing the revenue between .the haulers and the Village. this information. An unidentified gentleman ii the audience was told that the main reason for taking bids for garbage and-trash piclcup was the possible instability of some garbage haulers. In reply to a question from Mr. Ray Denison, 4500 Rutledge Avenue, Counchitman Courtney said that Council is try- ing to work out an equitable means of satisfying everyone and of increasing service with efficiency. Mr. Earl Evans, President of Able Sanitation, sgid that he handles 1,000 Edina customers for $33.00 per year and that he was unable to bid because he could not afford the $100,000 bond. bond of $1,000 per truck. said that his company serves & large percentage of homes in the Village and that while his company has merged withanother company, he has not sold his business. He added that the reason for the increase in pis bid over his established rate is because of the stiff specifications requixed by the Village, and because it includes all dizes of lots. Johnson's motion to continue award of bids for garbage and household refuse until November 2, 1970, was seconded by Councilman Courtney and carried. Mr. Paul Mayor Bredesen tbld Nr. Wardell to write him with . He suggested,posting a Mr. Ed Drury of Lake Harriet and Edina Sanitation Following considerable discussion, Councilman . PETITIONS RECEIVED. be accepted and referred to the,Engineering Department for processing was seconded by Councilman Johnson and carried: Braemar 6th Addition - Sanitary Sewer, Storm Sewer and Watermain Councilman Courtney's motion that the following petitions 1. .2;. Moore Ave. - Laura Ave. - XJatermain CITY OF 3lSNNEAPOLIS BAN ON THRONAWAY SOFT DRINK AND BEER CONTAINERS TABLED. Mayor Bredesen noted receipt of a letter from the City of Minneapolis urging the suburbs to adopt an ordinance banning' throwaway beer and soft drink con- tainers. Councilman Chuztney and carried. Councilman Johnson's motion to table the request was seconded by - ERNST & ERNST REQUEST TO HAKE 1970 AUDIT APPROVED. motion was seconded by Coupcilman VanValkenburg and carried approving the request of Ernst & Ernst for appointment to audit the financial affairs of the Village of Edina for the year 1970. VERNON AVENUE BICYCLE PATH REQUEST ACCEPTED FOR STUDY. attention of Co.unci1 to a lengthy petition to have a bicycle path included in the proposed improvements on Vernon Avenue. explained that there would be a bench on each side of the road for snow removal which could be used for bicycles. *.6u%d be paid for as part of .the State Highway Department project on Vernon Avenue. for study. Councilman Johnson's Nr. Hyde called the He recal1ed:that it had been Err. Hyde added that cost ofL thelpathway Councilman VanValkenburg then moved that the petituion be accepted . Motion was s-econded by Councilman Courtney and carried. MEASLA LANE VALKYAY CONTINUED. a petition requesting approval of construction of a permanent walkway and bike pathlon the Village easement from the end of Aspasia Circle to West Shore Drive between 7120 and 7200 Vest Shore Drive. Hendrickson, 4700 Trillium Lane, indicated that a fence had been placed across the easement. Eir. Don Halla, 7120 West Share Drive, had written a letter recalling that in the summer of 1969 the roadway between his property a6d the property at 7200 West Shore Drive had been vacated with the under- standing that a cement walkway would be installed.? Nothing has been done about the walkway and he installed a fence in order to bring the situation to a head. immediate need for removal of the fence since,the pathway is needed b'y children going to school. was illegally installed it be removed and continuing the matter to October 19 was seconded by Councilman VanValkenburg and carried. Mr. Hyde called the attention of Council to A letter from Mrs. T. An unidentified gentleman in the audience pointed out the Councilman Courtney's motion that if the fence LEAGUE OF WOMEN VOTERS LETTER OF THANKS for the Res91ution of Appreciation adopted by Council and for the check in the amount of $1,025.00 which they - .received for obtaining signatures on the I.B.M. cards, for assistance with voter registration before the Primary Election and for assistance at the polls on Election Day was noted. They also called attention of Council to a meeting on October 18 at which the constitutional amendments which will appear on the November 3, 1970, Election will be discussed. 10/5/70 5 - MUSKIES. INC. REQUEST FOR SUPPORT DENIED. no action was taken for a request for support by Muskies, Inc. YORK AVENUE MEDIAN CUT APPEAL OF TRAFFIC SAFETY COMMITTEE EECISION DENIED. Mayor Bredesen noted the appeal by Dayton Development Company of the Traffic Safety Committee denial of a request for a median cut to serve a proposed fast food type service on property located East of York Avenue and South of Vest 66th Street. letter from Barton-Aschman Associates, Inc., traffic consultants, which esti- mated that the facility would draw approximately 365 inbound vehicles and 365 outbound vehicles per hour at peak hours. developed on part of the site, the anticipated site traffic movements would be significantly less. depressed by not allowing the requested median cut. like to know George Barton's ideas on the matter, since neither Nr. Rice or Mr. Gerald Lindgren of Barton-Aschman Associates, Inc., could answer his question as to whether a median cut had been included in original plans for the area in question. Mr. Lindgren added that there is enough room for storage for autq- mobiles to get in and out of the development and the traffic safety hazard would be at a minimum as compared to an area where there would be no storage distances. Mr. Hyde expressed fear that York Avenue might turn into anather "Osseo Road". compounded when York Avenue is extended South as proposed in the Southeast Edina Plan. Following ccnsiderable discussion, Councilman VanValkenburg's motion that the recommendation of !he-Traffic Sa'fet'y Committee be accepted was seconded by Councilman Johnson and carried. NOVEMBER 3, 1970, ELECTION JUXES APPOINTED. names of Election Judges proposed to be used for the General-Village Election to be held on November 3, 1970. proposed roster of Election Judges and grariting authority to the Clerk to make such additional appointments and changes as deemed necessary, was seconded by Councilman VanValkenburg and carried: PRECINCT NO, 1 - Shepherd of Hills Church - Mesdames Dorothy Richardson, Chair- *man, Jane Fleet, Muriel Clausen, IIelen Donovan', Hilda Handel- man, Lois Hallquist, Lucille Hartman, Helen O'Brien; Counters: Evelyn Jenson, and Jenie Williams PRECINCT NO. 2 - Village Hall - Mesdames Bettie Stone, Chairman, Vonice Loge- feil, Joyce Akason, Jean'McDermit, Phyllis Schwab, Mary Jane Bdlmgren, Alice Swanson, Juditfi Sotebeer, Jean Busa; Counters: Bonnie Black, Marlys Moore McCall, Evelyn Anderson, Jane Hawthorne, Patricia Johnson, Mary Sitek, Margaret Pengelly, Mable Brehm, Virginia Kim- merle, Jane Rosenow; Counters: PRECINCT NO, 4 - Morningside Municipal Buildinq - Mesdames Shirley Dibble, Chairman, Alice Rose, Edith Dudley, Elizabeth Anderl, Jean- Marion Cracraft; Counters: Rachel Schoening, Lucille Chisler Carol Ledder , Sue Holden, Carol McPheeters , Joyce Rudquis t , E2elyn Kapetanis, Beverly Christopher; Counters: Doris Clegg Springer, Shirley Doe, Jane Baines, Margaret Borsch, Ciafre McLennan, Alice McFadzean; Counters: Lorraine Sletten, Grace Callaghan LaVonne Swenson, Bess Brudelie, Helen Peterson, Barbara Mathison, Doris Hartshorn, Dorothy Stockdale, Maxine Howe, Ida Mae Anderson; Counters: June Morrison, Sally Lee Ruth Volk, Betty Tripp, Maxine Sanders, Ruth Zipoy, Constance Ryan, Bernardine Scofield, Jeanette Lund, Betty Bentzen, Sara Kirkman, Florence Freudenthal, Irma Foley, Helen Paliner; Counters, Phyllis Tucker, Mary Jayne Taney Because it is a commercial venture, Mr. Jack Rice 0-f Dayton Development Company referred to a If an auto service facility is ' Mr. Rice added that the land value would be greatly Mr. Hyde said that he would Councilman Johnson added that traffic problems would be f The Clerk presented a list of Councilman Courtney's motion approving the PRECINCT NO. 3 - lJooddale School - Mrs. Marjorie Rossiter, Chairman, Marjorie Mrs. Betty Ryan, Grace Wilbur . nette Luchine, Marge Brothers, Ephie Volpe, Joanne Downey, PRECINCT NO. 5 - Mesdames Henrietta Bartlett, Chairman, Elizabeth Mathews, Lois'Kilgore, PRECINCT NO. 6 - Countryside School - Mesdames Myrle Kiichli, Chairman, Nancy PRECINkT NO. 7 - Normandale Lutheran Church - Mesdames Marian Bailey, Chairman, PRECINCT NO. 8 - Si3ifVhView Junior High-- Mesdames Audrey Berglund, Chairman, PRECINCT NO. 9 - Concord School - Mesdames Yvonne Ford, Chairman, Virginia Dash, ' Josie Korthof, Jean Erdall, Florence Bahneman, Dorothy Nonn- weiler, Helen Orrbon, Jeanne Michiner, Mary Jane Amlie, Alice Rolfson; Counters, Elaine Olson, Astrig Wang 10/5/70 PRECINCT NO. 10 - PRECINCT NO. 11 - PRECINCT NO. 12 - PRECINCT NO. 13 - Creek Valley School - Mesdames Lorraine Hasselquist, Chairman, Mary Bartz, Violet Berge, Joan Robb, Virginia Mckris, Margaret -- Hinker . June Hunt : Counters : Virginia Barker, Shirley Moore - Cahill'School - Mesdames Geneva Smith, Lucille Borchers ,- Gloria Thorburn, Barbara Casselman, Charlotte Burns, Eleanor Thorn- ton, Alice Hovey, Mary Ryan, Anna Taggatz, Dorothy Thews, Cora Rex, Janet Hallett; Counters:' Marion Lyons, Delores Brain Com6li.a School - Mesdames Adele Olson, Chairman, Phyllis Taylor, Betty Kremer, Doris Blake, Rosemary Jarhes, Mary McDonald, Barbara Curry, Darlene Bohn, Ruth Oberhelman, Patricia Halvor- son; Counters: Helen Jackson, June Dreher Lutheran Church of $laster - Mrs. Catherine Kovar, Chairman, Patricia Harmon, Mavis DeLambert, Lavina Kamiske, Kay Spika, Edna Thomsen, Nancy Davison, Ruth Jensen,'Jane Kernan; Counters:' Helen Ryan, Trish Blessing . IETROPOLITAN COUNCIL REFEU COMMITTEE APPROVES COUNTY ROAD 18 PLANS, reviewed briefly the Metropolitan Council Referral Committee plans approved for County Road 18 between the Crosstown Highway and County Road 5, noting that the plans will go to the full Council for approval shortly. taken. VERNON AVENUE - GRANDVIEW AREA IPPROVENENT HEARIhG DATE SET. attention of Council to a memo from Mr. Dunn noting that Hennepin County has been informed by the Minnesota Highway Department that Nunicipal Tu& Back Funds are now available for the Grandview-Vernon Avenue project. He recalled *that Council had approved County plan's and specifications for this project on July 20, 1970, but approval of the Construction Cooperative Agreement, which is necessary before Hennepin County ca'n advertise for bids on the work, was put off until a method of raising Edina's share of approximately $42,000 could be found. llr. Hyde stated that the only means of financing this $42,000 appears to be by special assessment for street improvement at an estimated $4.00 per lineal foot against abutting property. Discussion ensued as to the wisdom of entering into the agreement with Hennepin County before the improvement was authorized. Mr. Dunn pointed out that -the money is avail &le and ghat if Edina Doesn't want the improvement, the funds will be sent elsewhere. Following some discussion, Councilman Johnson's motion authorizing an improvement hearing for November 3, 1970, to be held before entering into agreement was seconded by Councilman VanValkenburg and carried. llr. Dunn No action was Mr. Hyde called 3%EM-:CITIES: ZXNES: UIYNEPSHIE' TRANSITXOii NOTED. Council to a formal notice from the Public Service Commission noting the trans$ ition of ownership and change of regulations of Twin Cities Lines to the Metro- politan Transit Commission. No action was taken. Mr. Hyde called attention of MID-CONTINENT SURVEYS PARKZhG ASSESSSENT SURVEY APPROVED . Elr . Dalen requested approval of Council to sign a contract with Mid-Continent' Surveys to conduct a survey to determine which stores, offices, shops, etc. are benefit- ing from the parking ramp. The survey has been requested by the property owners and cost of the survey will be added to the project cost. motion approving the survey was then seconded by Councilman VanValkLnburg and carried. Councilman Johnson's VILLAGE ATTORNEY'S BII;DLIXBRARY SITE LETTER TO FAEGRE & BENSON DISCUSSED. written by 3k. Erickson to Faegre & Benson stating that the Village is refuting the contention that there were misrepresentations on the part of the Village in soliciting signatures for the Old Library Site restriction waivers was accepted and ordered placed on file by motion of Councilman Johnson, seconded by Council- man VanValkenburg and carried. unidentified lady in the audience were given a copy of Mr. Erickson's letter. They expressed dissatisfaction with the previous action of Council, stating that the Parberry property is more in St. Louis Park than in Edina. Mr. Robert J. Debrey, 4502 Browndale Ave., was told.by k. Erickson that he is*in the process of discussing some legal points t&3h the attorneys that a few citizens have nbtained and that he has advised them that the Village intends to proceed as the Council previously decided, to exchange the property for that owned by the bank,. He added that he has sought further meetings, if they wished to have them, if it can result in some amicable solution to the problem. explained the use of State Aid Funds. A letter Mrs. Wesley Hauck, 5029 Indianola AGe., and an Miyor Bredesen . NEW LIBRARY SALF, TO HENNEPIN COUNTY CONTINUED. that no further communication has been received from the Attorney General relative to the sale of the New Library Building, whereupon it was moved, seconded and carried unanimons2y carried that the matter be further continued. M?. Erickson advised Council 10/5/70 7 BROOKE TANEY REAPPOINTED TO HUMAN RE&ITIONS COMMISSION. Councilman Courtney's motion confirming the reappointment by,the Mayor of Brooke Taney.as the College Member of the Human Relations Commission was seconded by Councilman VanValken- burg and carried. ORDINANCE NO. 5-1 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 5-1 for First Reading, whereupon Councilman Johnson' offered the ordinance for First Reading as follows: i I ORDINANCE NO. 5-1 AN AMENDMENT TO ORDINmCE NO. 5 RENAMING THE HU" RELATIONS COMMISSION IN TF VILLAGE OF EDINA AND PROVIDING FOR ELECTION OF OFFICERS TO SERVE A ONE YEAR TERM 8 THE VIUAGE COUNCIL OF THE VIUAGE OF EDINA, MINNESOTA, ORDAINS: Relations Commission". amended to read as follows: Section 1. Section 2. Section 4, Subsection 1, of Ordinance No. 5 is hereby "(1) in February who shall serve for a period of one year.:' Section 3. This ordinance shall be in full force and effect from The "Human Rights Commission'' is hereby renamed "Human Elect a Chairman and Vice Chairman at the first meeting and after its adoption and publication according to law. ORDINANCE NO. 211A-3 GRANTED SECOND READING. nance No. 211A-3 as follows and moved its adoption: Councilman Johnson offered Ordi- ORDINANCE NO. 211A-3 L AN ORDIN~CE PROVIDING FOR THE COLLECTION OF HOUSEHOLD GARBAGE AND REFUSE; AMENDING ORDINANCE NO. 211A THE VILLAGE COUNCIL OF THE VILLAGE-OF.EDINA, MINNESOTA, ORDAINS: Section.1. ,Sections 22, 23 and 24 of Ordinance No. 211A of the Village are hereby renumbered Sections 27, 28 and 29, respectively. Section 2. Said Ordinance No: 211A is hereby amended by adding thereto Sections 22 through 26, reading as follows: %ec. 22. Sanitation Districts - Methods of Collecting Household Garbage and Refuse. The Council'may be resolution divide the Village into . two or more sanitation districts, and- prescribe that all household garbage and/or household refuse therein shall 6e collected, but only from premises used as single-family or two-family dwellings, by one of the following methods: By non-exclusive license to one or more haulers; By contract between the Village and,one or more haulers; or By Village employees using Village equipment. (a) (b) By exclusive license t-o one or more haulers; (c) (d) For .the purpose of Sections 22 through 25, "household garbage" shall mean animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food including the cans, containers or wrappers wasted along with such materials; and "household refuse" shall mean all domestic solid- waste, garbage, swill, sweepings , cleanings, paper, car'dboard, glass jars and bottles, plastic containers and other waste items normally resulting in the operation of a household, and yard debris-such as grass clippings, leaves and tree limbs of 8 inches or less in diameter and cut 3 foot lengths or less. license for collection of household garbage or household refuse, or both, the Council shall prescribe the area to be served, the intervals between collections, the schedule of charges to be imposed, and the period of time for which the ' license is granted. An exclusive licensee shall have the exclusive right to collect household garbage or household refuse, as the case may be, or bbth, in the area described in the license. All charges for collection services per- formed by a licensee shall be payable by the party requesting the service directly to the licensee, and the Village shall not be responsible for collect- ion of such charges. . ' which the collection of household garbage or household refuse is performed by Village employees or by another under contract with the Village, the Vil- lage shall impose, bill and collect re-asonable charges for collection services. Such charges shall be billed on or before.July 15 of each year, and any charge not paid by the following September 1 shall be assessed against the lot or parcel of land on which the premises are located. a penalty of 10% of the unpaid charge and shall bear interest at the rate of 6% per annum. of the charges for collection services rendered under contract shall not reduce the liability of the Village to pay the contractor the amounts specified in the contract. area to be served the intervals bwtween collections, the duration of the con- tract, which shall not exceed four years, and the amounts and dates of payments "Sec. 23. Exclusive Lice8see Collection. In granting an exclusive . "Sec; 24. Village or Contractor Collecfion. As to any district in The assessment shall include The failure or 'inability of the Village to collect any portion Any contract for such collection services shall state the to be made by the Village. 10 /5 /70 "Sec. 25. Effective Date for-Village Contract and Exclusive License. Any contract entered into by the Village, and any exclusive license granted, pursuant to Section 22 of this ordinance, shall become effective on April 1 of any year, or on such earlier date as then existing licenses or contracts previously issued or entered intoeunder this ordinance for the service and for the district or districts covered by such new contract or license expire or are revoked, and if more than one such license or contract shall exist as to any such district, the said new contract or exclusive license shall become effective, as to the premises sewed.by such existing license or contract, at the time of such earlier expiration or revocation of each such existing license or contract. license orsontract granted or made by the Village for collection of household garbage or household refuse, or both, pursuant to Section 22 of this ordinance, shaU be subject to cancellation by the Village in the event of failure by the licensee or contractor tg abide by the terms of this ordinance or the license or confract, and upon notice mailed fhezlicensee or contractor at least 15 days in advance of the date specified in the notice as the date of cancellation. Cancellation pursuant to this Section 26 shall be in addition to the remedies, provisions and penalties of Ordinance No. 20, which shall also apply to such exclusive licenses and. contracts .I1 Section 9 of Ordinance No. 211A of the Village is hereby amended ta read as follows: No person shall engage in the business of hauling or conveying rubbish, garbage or other refuse from any premises in the Village unless he holds a valid license hereunder. be issued for any garbage service and for any district or districts covered by a contract or,by an exclusive license, or for which the Village is providing service by use of its own employees, all pursuant to Section 22 of this ordinance, during such time as such garbage service is being provided by such contract, exclusive license or Village employees." renumbered Section 30 and amended to read as follows: except an exclusive license pursuant to Section 22 of this ordinance, to engage in hauling or conveying rubbish, garbage or other refuse from any premises in the Village of Edina, the applicant shall have on file with the Village Clerk a bond running to the Village in the penal sum of $1,000 for each vehicle used to collect refuse in the-Village by such applicant, which bond shall be conditioned that the applicant shall save the Village harmless for all actions or damages arising from his failure to comply with any pro- visions -of this ordinance. to Section 22 of this ordinance, and before the granting of any exclusive license pursuant to Section 23 of this ordinance, the contracting party and the exclusive licensee, as the case may be, shall have on file with the Village CJerk a bond running to the Village in a penal sum of $25,000 for each district covered by such contract or exclusive license, or in the penal sum of $100,000 if the contract or exclusive license shall cover the whole of the Village, which bond shall be conditioned that the applicant shall save the Village harmless for all actions or damages aGising from failure to comply- with the provisions of this ordinance or of such contract or exclusive license. Such bond shall be submitted on the form on file in the office of the Village Clerk. The surety thereon shall be a corporation duly authorized to act as such under the laws of the State of Minnesota." adoption and publication. on rollcall there were four ATTEST : "Sec. 26. Cancellation of Exelusive License or Contract. Any exclusive Section 3. "Sec. 9. Haulers to be Licensed. No licenses shall . Section 4. "Sec. 30. Bond Required. Before ohtaining any license hereunder, Section 25 of Ordinance No. 2118 of the Village is hereby Before the entering into of any contract pursuant Copies thereof shall be available to all applicants without charge. Sectip 5. This ordinance shall be in full force and effect upon its 3fotion for adoption of the Mayor A9 Village Clerk 0 TRACTS T AND U, R.L.S. 1218 USE FOR' PUBLIC STmET ACKNOWLEDGED. mended by Mr. Dunn, Councilman Johnson offered the following resolution and moved its adoption: As recom- RESOLUTION BE IT RESOLVED that Ehe'Edina Village Council acknowledges that Tracts T and U, R.L.S. 1218 were acquired for and are being used as a public street. Motion for adoption of the resolution was seconded by Councilman on rollcall there were four ayes and no nays and the resolution was adopted. Courtney and lOJ5/70 9 HISTORIC P&RK APPLICATION FOR FEDERAL FUNDS APPROVED. Mr. Hyde apprised the Council that, in order to qualify for federal funds for the 1971 fiscal year, the Village must apply to the National Park Service on or before October 15, 1970. time $18,750 for the Old Cahill School restoration and $25,250 for the Grange Hall restoration. This is not the total amount that will be needed for total restoration, but Hz. Foster Dunwiddie has requested that this amount be applied for at this time. Following some discussion, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Village of Edina desires to continue restoration of Old Cahill School and the Grange Hall in the area known now as Edina Historic Park; and I IEEXEAS, in connection with this project, under the provisions of the National Historic Preservation Act of 1966, matching funds are available for such restoration; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina request the Minnesota Historic Society to amend the Statewide Plan to include the Old Cahill School and the Grange Hall and that the application for matching funds be submitted to the National Park Service in Washington, D. C. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the resolution was adopted. T.H. 100 EAST FRONTAGE ROAD MOVE REQUESTED. As recommended by Mr. Dunn, Councilman Johnson offered the following resolution and moved its adoption: He t,old the Council that the Village is requesting at the present RE SOLUTION ,. RESOLUTION BE IT RESOLVED that the Edina Village Council request the Minnesota Highway Department'to move the East Frontage Road of T.11. 100 between West Shore Drive and Poppy Lane to the East to allow the subdivision of Village of Edina property. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. CHIEF BENNETT APPOINTED AGENT OF VILLAGE TO RECEIVE REIMBURSEMENT FUNDS. As recommended by Mr. Hyde, Councilman Johnson offered the following resolution ahd moved its adoption: BE IT RESOLVED that the Edina Village Council hereby appoints Wayne V. Bennett, Director of Public Safety for the Village of Edina, as the duly constituted agent for the Village of Edina for the purpose of making application for reimbursement funds to defray the cost of salaries, expenses and substitute expenses during the basic training of Peace Officers of the Village, of Edina who have attended a certified training course approved by the Minnesota Peace Officer Training Board. 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. HENNEPIN COUNTY BUDGET REVIEWED; PROTEST TO BE MADE. receipt of a formal notice of the Board of Hennepin County Commissioners. for the 1971 Budget for Hennepin County General Hospital, noting that the millage had been decreased to 3.02 mills as opposed to 3.31 mills for 1970. . Mr-. Hyde said that he would request more detailed information' particularly in regard to comparative dollar expenditures for 1969, 1970 and 1971 so that the Council can make an evaluation of the Budget. man Courtney's motion tgat the Village of Edina protest the budget and request a hearing on the grounds that the County has not given sufficient informatkon was seconded by Councilman VanValkenburg and carried. LIQUORFUND as of August 31, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Councilman RESOLUTION Mr. Hyde referred to Following considerable discussion, Council- Courtney and carried. TREASURER'S REPORT as of August 31, 1970,- was presented by Mr. Dalen; reviewed and ordered placed on file by motion of Councilman VanValkenburg, seconded by Councilman Jbhnson and carried. SURPLUS AND RESERVES as of December 31, 1969,'was presented by Mr. Dalen,- reviewed and ordered placed on file by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. MR. HOISINGTON RESIGNS AS VILLAGE PLANNER. this will be Mr. Fred Hoisington's last meeting as Village Planner, Councilman Upon being advised by Mr. Hyde that I Johnson offered the following resolution and moved its adop'tion: I? ', ' 10/5/70 , RESOLUTION OF APPRECIATION TJHEREAS, Fred Hoisington has-served the Village of Edina as Planner since September, 1967; and worked with the Planning Commission in guidance in the orderly--development of the Village; and €or Brauer & Associates, Inc., as'Studio Manager; ' wishes and the very best success to FRED HOISINGTON upon his resignation as Planner for the.Village of Edina. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. CIkMS PAID. Johnson and carried for payment of the following claims: Construction Fund, $3,077.74; Pdrk, Park ,Construction, Swimming, Arena, Golf, $23,216.21; Water Fund, $4,866.77; Liquor Fund, $75,395.90; Sewer Fund, $1,948.72; Improvements, $388,880.21; P.I.R. and Poor, $118.76; Total, $551,217.17. The meetingk agenda having been coveTed, Councilman VanValkenburg' s motion for adjournment was seconded by Councilman Johnson and carried. 9:20 p.m. I IJHEFSAS, for these past three years, Elr. Hoisington has sonseilentiously WHEREAS, Nr. Hoisington is leaving the Village of Edina employ to work NOW, THEREFORE BE IT RESOLVED that the Edina Village Council extends test Motion of Councilman VanValkenburg was seconded by Councilman General Fund, $53,712.86; .* Adjournment at / Village Clerk D 0 1