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HomeMy WebLinkAbout19701019_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, OCTOBER 19, 1970 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. Minutes of September 21 and October 5, 1970, were gpproved as submitted by motion of Councilman Courtney, seconded by Councilman VanValkenburg and carried. ORDINANCE NO. 261-212 GRANTED SECOND READING. Mr. West presented Ordinance No. 261-212 for Second Reading, which ordinance would grant R-2 zoning for the property at 5405 Hansen Road as requested by Mr. Robert Cunningham. No objections being heard, Councilman VanValkenburg offered the following ordin- ance for Second Reading and moved its adoption: ORDINANCE NO. 261-212 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE: VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: 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: ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT Section 1. Paragraph 1. NultiDle Residence District Boundaries of District R-2 "(57) Lot 1, Block 1, Jones Parkot Section 2. This ordinance shall be in full force .and effect from and after its passage and publication according to law. Motion for adoption 'of the ordinance was on rollcall there were five ayes and n ATTEST : by Councilman Courtney and ORDINANCE NO. 261-213 GRANTED SECOND READING: PUBLICATION TO BE WITHHELD. Mr. West presented Ordinance No. 261-213 for Second Reading, noting that this ordinance would grant R-4 Multiple Residential District zoning to Walnut Ridge 111 Addition as recommended by Planning Commission. Mr. Hosmer Brown, attorney for P.C.H. Company presented covenants that had been agreed to by Village Attorney Erickson. minutes of the last meeting and BOM propds&'to:-defli&ate a natural buffer which qould run,-eighty'feet-Wese of athe Western boundary'of the Walnut Drive homes. Mr. Hyde explained that the area would be left in its natural state and that developers have agreed to put in additional plants in any empty spots. added that the road will not be included in the eighty foot buffer area. Mr. Brown said that additional documentation would be furnished as soon as it has been signed. In reply to a question of Councilman Johnson, Mr. Erickson sug- gested that in the future this type of problem should be handled by ordinance, rather than by protective covenants. No further comments were heard, whereupon Councilman Johnson offered Ordinance No. 261-213 for Second Reading and moved its adoption as follows, with the understanding that publication be withheld until pxeented documents are received: Mr. Erickson stated that the developers had reviewed the . He ORDINANGE NO. 261-213 AN ORDINANCE AMENDING. ORDINANCE NO. 261 ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT (ZONING ORDINANCE) OF THE VILLAGE OF EDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. 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 fol- lowing subparagraph: Paragraph 1, Multiple Residence District Boundaries of-Section District R-4 "(38) Section 2. This ordinance shall be in full force and effect from and Outlot C, .Walnut Ridge I11 Addition" after its passage and publication according to law. Motion for adoptipn of the ordinance was se on rollcall there were five ayes and no subject to receipt of documentation as ATTEST : d by Councilman Courtney and ance was adopted, B %BiL&z&/ Village Clerk 10/19/70 HALIXPROPERTY R-5 ZONING REQUEST CONTINUED; REFERRED TO TRAFFIC SAFETY COMMITTEE. Mr. West recalled that R-5 zoning for the Halla propert5 located on Normandale Road at Eden-Avenue, had been granted First Reabing on February 16, 1970, with the stipulation that Second Reading be withheld until concrete plans are brought in. He recalled further that this zoning request had been denied on November 3, 1969,and that at that time it had been suggested that .the matter could be again brought in before full Council. Gingold-Pink Architecture presented drawings of the buildings proposed to be constructed on the site, noting that plans call for construction of two towers averaging twelve stories in height with_the highest being fourteen stories. added that, subject to further study, it is proposed to build approximately 260 luxury units of various size with the possibility of town houses being constructed near the existing garden shop. on the site is virtually useless for any construction with the exception of. a limited area and that, because of this condition, only a building such as is proposed is economically feaskble. He'added further that variances would be necessary to build the pvoposed structure if the zoning is approved. Mr.- Allen Wehr, 4808 Woodfiill:Way, said that he had talked to fifty: property owners in Sunnyslope and that they would object to any building over eight stories in height. of the buildfng but that he questioned the safety in traffic Volumes which would be caused. feasible". ing on which size of units proved the most popular but that the outside of the building would not be changed. Councilman Johnson's motion continuing Second Reading and referring the matter to the Traffic Safety Conrmittee for their study and recommendation as to a reasonable allowable density for the property in question, was seconded by Councilman Courtney and carried along with-the suggestion that the Hallas also study their proposal in view of the fact that there appears to be a feeling that the density as proposed is .too great. LOT 1, BLOCK 1, DAVIES 1ST ADDITION EASEMENT VACATION CONTINUED. Motion of Councilman VanValkenburg was seconded by C-ouncilman Courtney and carried continuing the easement vacation hearing for Lot 1, Block 1, Pavies 1st Addi- tion to November 2, 1970. Messrs. Ben Gingold and Charles Radoff of He Mr. Gingold pointed out that soil Mayor Bredesen said that he would not object to the height He al'so questioned who was to say if a project is "economically Mr. Donald Halla said that plans would be apt to be sbvised, depend- Considerable discussion ensued, whereupon (See correction in 11/16/70 Minutes) LOTS 1 AND 2, 'BLOCK 1, LAKE EDINA ADDITION EASEMENT VACATION HEARING CONTINUED to November 2, 1970, by motion of Councilman VanValkenburg, seconded by Council- man Courtney and carried. INFORMATION RETRIEVAL SYSTEM BID AWARDED. Mr. Hyde advisedCounci1 that only one bid had been received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on October 1, 1970, for Information Retrieval System because of the specialized nature of the item. item is 'included in the Budget, Councilman Johnson's motion awarding the bid to Acme Visible Records, Inc., for "Information Retrieval System" in the amount of $7,380.95 was seconded by Councilman VanValkenburg and carried. r%ILIAR" W'? SUGGESTED AS NAME FOR MUD LAKE. A letter from Mrs. Joyce Althoff, 6024 View Lane, suggesting that Mud Lake be renamed "Killarney Lake" was ordered filed by motion of Councilman Courtney, seconded by Councilman Shaw and carried. .** Being advised that this NDN-RETURNABLE CONTAINER ACTION REQUESTED.' Note was made by Mayor Bredesen of a letter from Mrs. J. L. Stephens, 6316 Ashcroft Lane, requesting that the Council strongly consider banning the sale of non-returnable containers as the Minneapolis City Council is presently considering. Mayor Bredesen said that he feels stood that some other solutions are being considered. that it is not pquft5blh to pick on one industry and that he under- No actron was taken. T.H. 100 "ONE-WAYC' SERVICE ROADS URGED. A letter from Mr. Charles L. Madden, Jr., 6800 Normandale Road, urging one-way service roads for T.H. 100 in the area near his home was accepted for filing by motion of Councilman Courtney, seconded by Councilman Shaw and carried. "HAULSTER" SUGGESTED FOR GARBAGE PICK-UP. Mayor Bredesen noted receipt of a clipping from Mr. Clarence Schwarzkopf, 5837 Wooddale Avenue, suggesting use of 'a Haulster manufactured by Cushman Motors. the Haulster had been found to 6e costly and inefficient. No action was taken. Mayor Bredesen recalled that PETITIONS RECEIVED. and referring them to the Engineering Department was seconded by Councilman Councilman Shawls motion accepting the following petitions Johnson and carried: Sanitary Sewer, Watermain Londonderry Road and Londonderry Circle, Walnut and Street Surf acing Ridge 111 Addition. and Curb in io/ig /70 VALNUT RIDGE THIRD ADDITION GRANTED FINAL PLAT APPROVAL. Walnut Ridge Third Addition for final. approval as recommended by the .Planning Mr. Hyde presented Commission, whereupon Councilman Johnson offered the following resolution and moved its adoption subject to receipt of executed documentation and developer's agreement : RESOLUTION APPROVING FINAL PLAT OF . WALNUT RIDGE THIRD ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Walnut Ridge Third Addition", platted by P.C.H. Company andpresented at the meeting of the Edina Village.Counci1 of October 19, 1970, be and is hereby granted final approval, effective November 2, 1970, provided that this resolution has not been amended, annulled or rescinded by the Village Council. Motion for adoption of the resolution was seconded by Councilman VanValkenburg and on-rolTeall there were five ayes and no nays and the resolution was adopted. IROQUOIS HILLS FIFTH ADDITION GRANTED FINAL APPROVAL. Mr. Hyde presented Iroquois Hills Fifth Addition for final plat approval as recommended by the Planning Commission, whereupon Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF IROQUOIS HILLS FIFTH ADDITION BE IT RESOLVED BY THE VILLAGE COUNCIL of the Village of Edina, Minnesota, that that certain plat entitled "Iroquois Hills Fifth Addition", platted by Kermit Poppler and presented at the meeting of the Village Council of October 19, 1970, be and. is hereby granted final approval. 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. BRAEMAR HILLS FOURTH ADDITION GRANTED FINAIE: PLAT APPROVAL. Braemar Hills Fouth Addition for final plat approval as recommended by the Planning Commission, whereupon Councilman Johnson offered the following resolution and moved its adoption: Mr. West presented - RESOLUTION APPROVING FINAL PLAT OF BRAEMAR HILLS FOURTH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesotq that that certain plat entitled "Braemar Hills Fourth' Addition", platted by GBP Company and presented at the meeting of the Village Council of October 19, 1970, be and is hereby granted final approval.' 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. LOT 12, BLOCK 8, INDIAN HILLS ADDITION DIVISION APPROVED. Mr. West presented the request to divide fifteen feet from Lot 13 and add said fifteen feet to Lot 12, Block 8, Indian Hills Addition. Councilman Johnson offered the following resolution and moved its adoption: No objections were heard, whereupon WHEREAS , the following Lot 12, Lot 13, WHEREAS, the owners of - tracts of land so that RE SOLUTION described tracts of land are now separate parcels; Block 8, Indian Hills Addition and Block 8, Indian Hills Addition; and the above tracts of land desire to subdivide said the Southerly fifteen feet of Lot 13, Block 8, Indian - Hills Addition, is divided from Lot 13, Block 8, Indian Hills Addition, and added to the Northerly side of Lot 12, Block 8, Indian Hills Addition; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create aq unnecessary hardship and said Parcels as divided in the abovemanner do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 261 and 263-A; NOW, THEREFORE, It 5s hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as divided in the above manner 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 thereof as separate tracts of land 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 said Parcels 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 VanValkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. At the close of the meeting, an unidentified gentleman was told by Mr. Erickson that Indian Hills Restrictions are private restrictions. ' 4.4 .. 10/19/70 SOUTHDALE YORK ADDITION PRELIMINARY PLAT APPROVAL HEARING DATE SET for November 2, 1970, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. PLANNED RFSIDENTIAL DISTRICT ORDINANCE AMENDMENT (261-214)HEARING DATE SET for' November 2, 1970 by motion of Councilman Shaw, seconded by Councilman Courtney and carried. LOT 1, BLOCK 1, KILLARNEY SHORES ADDITION R-2 ZONING HEARING DATE SET FOR NOV- EMBERE, 197Q,,hy motion O€ Councilman Shaw, seconded by Councilman Courtney and carried. .I. SUBDIIfCSION REGULATIONS AMENDMENT HEARIh% DATE SET for November 2, 1970, by motion of Councilman VanValkenburg, seconded by Councilman Courtney and - carried. BLUE RIBBON INTERNAL AUDIT CONTINUED until members of such a committee can be found by motion of.Councilman Shaw, seconded by Councilman VanValkenburg and carried. LEAF.COLLECTION POLICY CLARIFIED. Mr. Hyde recalled to Council that in the past years, the Village has 'been responsible for piEking up all leaves that fell on the street and that in a few instances the Village picked up in areas that had a large amahnt: of leaves. tation had indicated that they will take six bags per week without additional cost to property.owners and recommended that residents be told that it is up to them to make arrangements for removal of all of their leaves. motion.that the Village pick up only those leaves that fall naturally in the street was then seconded by Councilman Courrney and carried. He advised that Lake Harriet and Edina Sani- Mr. Johnson's T.Hi 100 - W. .77TH. STREET INTERCHANGE.APROGRESS RFPORT MADE. Mr. Hyde advised Council that he had attended a meeting with Highway Department official concerned with the T.H. 100 - W. 77th Street Interchange along with most property owners concerned. 77th Street Interchange with the work up to West:ZQthb'.Se. because of soil condi- tions. Mr. Hyde mentioned problems which must be resolved as to land acquisi- tion, the fact that W. 77th Street East of T.H. 100 is still a private street, and the question as to where the West Frontage Road would come out on IJ. 70th Street, Department is proceeding was noted. Mr. Hyde said that March 26, 1971, has been tentatively set for bid taking for the project. ASPASIA LANE WALKNAY APPROVED. 5, 1970, a petition had been submitted requesting construction of a permanent walkway and bike path on the ten foot easement from the end of 5spasia Circle to West Shore Drive between the properties -at 7120 and 7200 West Shore Drive. As recommended by Mr. Hyde, Councilman VanValkenburg's motion was seconded by Councilman Johnson and carried, apphoriagng kbnsttuption of a blacktop walkway without any special assessment cost to abutting property owners. HENNEPIN COUNTY BUDGET FOR GENERAL HOSPITh DISCUSSED. he had found, in checking with other suburbs, that there is no particular con- ce& over the Hennepin County Budget for General Hospital. ing to talk further with the Managers of other suburbs in regard.to this matter,;iMr. Hyde said that he had not asked for a hearing as indicated at the last meeting since there is apparently no time limit set for questioning the budget. County Civic Center. Councilman Johnson and carried that the Village Manager be directed to respond to Commissioner Robb advising him that the Edina Village Council wholeheartedly concurs in his feelings on financing the ijlroposed Hennepin County Civic Center and reminding him of Council's resolution which was passed concerning property tax rates and expenditures. Jack M. Provo and Thomas L. Olson. He noted that the Highway Department has now decided to combine the ' I Council's concern over the snail-like pace with which the Highway Mr. Hyde recalled that at the Meeting of October' Mr. Hyde advised that Because he is wait- Conversation also ensued regarding the presently proposed Hennepin Councilman VanValkenburg's motion was seconded by I Copies of the-letter were to be sent to Commissioners GROVE STREET VACATION RESOLUTION AGAIN AMENDED. Upon being advised that ease- ments have not yet been received relative to the vacation of Grove Street from Hans& Road to the West line of the M.N.& S. Railroad, Councilman Johnson offered the following resolution and moved its adoption: BE IT RESOLVED that the effective date of the vacation of Grove Street from Hansen Road to the West line of the M.N.& S. Railroad as established by Council resolution on July 20, 1970, and amended on September 21, 1978, is RESOLUTION 10/19/70 1.. 5 / hereby extended to December 22, 1970. 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. SUBURBAN HENNEPIN COUNTY NURSING DISTRICT PARTICIPATION APPROVED. As recom- mended by Mr. Hyde, Councilman VanValkenburg offered the following resolution (I and moved its adoption: A RESOLUTION RELATING TO PARTICIPATION IN THE SUBURBAN HENNEPIN COUNTY NURSING DISTRICT WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, provision has been made for a public health nursing district in that portion of Hennepin County outside the City of Minneapolis; and WHEREAS, pursuant to such authority, such a public health nursing district has been organized and has been in bperation for severa1,years; and WHEREAS, it is deemed necessary to continue the operation of such nursing district and to provide it with adequate funds? for its proper operation: NOW, THEREFORE, BE IT RESOLVED BY THE EDINA VILLAGE COUNCIL that this,political subdivision continue to be included in the public health nursing district of Suburban Hennepin County, organized on January 4, 1952; that it participate in the benefits'thereof; and that it agrees to support on an apportionment basis its pro rata share of the cost of the administration of such district provided, however, that for the administration of such district provided, however, that for the period of January 1, 1971, thrn Becember!31,\9971, this cost shall not exceed 34c per capita on the basis of the last official census; BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. Motion for adoption of the resolution was seconded by Councilman Shaw and on 6 .rollcall there were five ayes and no nays and the resolution was adopted. LOT 1, BLOCK 1, KILLAIWEY SHORES ADDITION'RESTRICTION WAIVED. As reoommended by the Village Attorney, Councilman-Courtney offered the following resolution and moved its adoption: WHERkAS, road easements required of the developer at the time Killarney Shores was p2atted have been received; NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council that restrictions 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. TRAFFIC SAFETY COMMITTEE MEETING MINUTES OF OCTOBER 14. 1970, technically approved by motion of Councilman VanValkenburg, seconded by Councilman Johnson and carried. approval so that action taken at those meetings can be enforced. RESOL~JTION ' on Lot 1, Block 1, Killarney Shores Addition, are hereby waived. It was noted that Minutes of the Traffic Safety Committee requgred ORDINANCE NO. 211A-4 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 211A-4 for First Reading, noting that this ordinance amends Ordinance No. 211A as to requirements for Garbage Haulers ' Bonds. offered Ordinance No. 211A-4 for First Reading as follows: Councilman Johnson thereupon ORDINANCE NO. 211A-4 AN ORDINANCE AMENDING O~INANCE NO. 211~ AS TO REQUIREMENTS FOR BOND THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 30 of Ordinance No. 211A of the Village is hereby amended to read as follows: 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 CJerk 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, damages and expenses arising from his failure to comply with any provisions of this ordinance. 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 Clerk 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, damages and expenses arising from'failure to s'ection 1. "Sec. 30. Bond Required. Before obtaining any license hereunder, except Before the enterCng into of any contract pursuant to comply with any provi ive license. ions 10/19 /70 f this ordinance, r of such contra t or exclus- Such bond shall be submitted on the form on file in the office of the Village Clerk. charge. such under the laws of the State of Minnesota.'I adoption and publication. Motion for adoption of the ordinance was seconded by Councilman VanValkenburg and on-rollcall there were five ayes and no nays and the ordince was granted First Reading. Copies thereof shall be available to all applicants without The surety thereon shall be a corporation duly authorized to act as' Section 2. This ordinance shall be in full force and effect upon its ORDINANCE NO. 20-2 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 20-2 for First Reading, noting that this ordinance provides for suspension or revocati-on of. licenses issued by the Vilsage. Councilman Johnson thereupon offered Ordinance No. 20-2 for First Reading as follows: ORDINANCE NO. 20-2 AN ORDINANCE AMENDING-ORDINANCE NO. 20 AS TO ENFORCEMENT. SUSPENSION OR REVOCATION OF LICENSES ANI) -PRESCRIBING PENALTIES THE VI-LLAGE COUNCIL OF THE VIUGE OF EDINA,-MINNESOTA, ORDAINS: Section 1. Subparagraphs (a), (b), (c), (d), (e), and (f) of Section 14 of Ordinance No. 20 -are hereby re-lettered (b) , (c), (d), (e), (f) and (g), respectively. hereby amended by adding thereto a new subparagraph (a) to Section 14.thereof -as follows: onevor more stated provisions of this prdinance or of any other Bfdinande af the Village applicable to the occupation, machine or vehicle licenseg, and t-hat unless theviolation is removed within a specified period, not less than three days, the Village may remove the violation on demand. At the end of such period, if the violation has not been removed, the Manager or his deputy may order removal of the violation by Village employees using Village equipment or by contract between the Village and another licensee or non- licensee. be payable on demand. shall be in addition to, and may be exercised concurrently with any one or more .of, the remedies and procedures set out in subparagraphs (b) , (c), (d), (e), (f) and (g) of this Section 14, or in Section 15, of this ordinance." adoption and publication. Section 2. Said Ordinance No. 20 (licensing ordinance) of the Village is "(a) He may notify the licensee in writing that he is in violation of If so removed, the cost shall be charged to the licensee and shall The remedies and provisions of this subparagraph (a) Section 3. This ordinance shall be in full force and effect upon its ORDINANCE NO. 66B-3 GRANTED FIRST READING. 66B-3 adopting the Minneapolis Plumbing Code, Chapters 130 and 131, whereupon Mr. Hyde presented Ordinance No. - Councilman Johnson offered the following ordinance for First Reading: * ORDINANCE NO. 66B-3 AN ORDINANCE AMENDING ORDINANCE NO. 66B AS TO REQUIREMENTS FOR PLUMBING WORK Section 1. Section 5 of Ordinance No. 66B of the Village,as amended, is "Sec. 5. Ninneapolis Plumbing Code Adopted. There is hereby adopted by THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA,-ORDAINS: hereby further amended to read as follows: reference the Plumbing Code of the City-of Minneapolis, being Chapters 130 and 131, inclusive, of the Hinneapolis Ordinance Code of July.1, 1980, with all amendments subsequently made thereto, including the amendments adopted in 1970, as the regulations which shall apply in the Village for the installation, extension or alteration of all plumbing. therein to the "City" shall be construed as referring to the Village; all references therein to "Inspector of Buildings" or "Department of Buildings" shall be construed as referring to the Village's Plumbing Inspector; and all re€erences therein to "Commissioner of Health" or *'Department of Health" shall be construed as referring to the VillagcHealth Officer or the Village Public Health Sanitarian, either or both." upon its passage and publication. "In the application and interpretation of said Code, all references I Sec. 2. This ordinance shall be in full force and effect immediately ORDINANCE NO. 5-1GBAWfED SEBBND READING. Mr. Hyde presented Ordinance No. 5-1 for Second Reading, whereupon Councilman Courtney offered the following ordi- nance and moved its adoption: 10/19/70 ' 1J a ORDINANCE NO, 5-1 HSQjAN RELATIONS COMMISSION IN THE VILLAGE OF EDINA AND PROVIDING FOR ELECTION OF OFFICERS AN AMENDMENT TO ORDINANCE NO. 5 RENAMING THE TO SERVE A ONE YEAR TERM THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1, Re Jations Commission"i' Section 2. Section 4, Subsection 1, or Ordinance No. 5 is hereby amended to read as follows: "(1) Elect a Chairman and Vice Chairman at the first meeting in February who shall serve for a period of one year.':, Section 3. This ordinance shall be in full force and effect from and after its adoption and publication according to law. Motion for adoption of the ordinance was and on rollcall there were five ayes and The "Human Rights Commission" is herepy renamed "Human Village Clerk HEARING DATE SET FOR PERMANENT STREET SURFACING AND EONQRETE CURB AND GUTTER I AND STORM SEWER IMPROVEMENT NO; P-BA-173. As recommended by Mr. Dunn, Council- man Courtney offered the follgwing resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLICAHEARXNG ON STREET IMPROVEMENT AND STORM SEWER IMPROVEMENT NO. P-BA-173 The Village Engineer, having submitted to the Council a preliminary report 1. as to the feasibility of the proposed Pkrmanent Street; Surfacing, Concrere Curb and Gutter and Storm Sewer Improvement described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, Eovember 2, 1970, at 7:OO-p.m. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail to all affected properties in substantially, the following form: The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) HENNEPIN COUNTY, MINNESOTA VILLAGE OF -EDINA NOTICE OF'PUBLIC HEARING ON PERMANENT STREET SURFACING CONCRETE CURB AND GUTTER AND STORM SEWER IMPROVEMENT NO. P-BA-173 JHENNEPIN COUNTY PROJECT NO. 6810) EDINA VILLAGE COUNCIL will meet at the- Edina Village Hall on Monday, November 2, 1970, at 7:OO p.m., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by the Village as set forth below: CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE . ESTIMATED COST CURB AND GUTTER AND STORM SEWER IN .THE FOLLOWNG: County Road No. 158 (Vernon Ave.) from Gleason Road to 100' East of Villa Way $42,19 1.07 The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing, Concrete Curb and Gutter and Storm Sewer (Improvement No. P-BA-173) includes Blocks 1 and 4, Edina Highlands; Lots 1 and 8, Block 1, Danijohn's Addition; Lot 12, Block 1, Lots 6 and 7, Block 2, Lot 10, Block 3, Victorsen's Addition to Edina Highlands; Lbt 9, Block 1, Lot 13, Block 2, John E. Andereon's Addition to Edina Highlands; Lot 10, Smilden's Addition to Edina Highlands; Lots 7, 8 and 9, Block 2, Lot 3, Block 3 and Lot 4, Block 4, Mirror Lakes' Meadow-Wood Second Addition to Edina Highlands; Lot 4, Block 3, Highwood Additioq to Edina Highlands; Part of Tract "C':', R.L.S. No. 194; Tracts, ''APt, "B" and "C'! ' R.L.S. No. IQBl;,Lats 12, 13, li, 15 and 17, Block 1, and Lots 8 and 9, Bl~~k'2.,~kr~~dod...Knolls 8th Addhe;/ ;Lot 1, Block 1, Lots 1 and 26, Block 2, Lots 1 andl30, Block 3, Outlot A, Killarney Shores; Tracts '@At' and "B", R.L.S. No. 1126; Tract "ACP, R.L.S. No. 590; Lots 1, 5 and 6, Block 1, * Lots 6, 7 and 8, Block 4, Parkwood Knolls 11th Addition; i IO/ 19/70 ! McGary Addition; Lot 1, Block 1, Lots 5 and 6; Block 1, Kohlridge Larson's Replat; Lot 1, Block 1, Lots 1 and -2, Block 2, Kohlridge .Addit;ion; 2nd Addition; Lot 1, Block 1, Warden Acres - J. & J. 'Addition;'Lot 1, Block 1, Parkland View; Lot 1, Block 3 and Lot 1, Block 4; Edina Parklands; Part of Lot 1; Part of Lot 2 and 1/2 of vacated Garden Avenue, Lot 9 and 1/2 of vacated Garden Avenue, Garden Park Addition; Lots 1 and 2, Block 1, Jones Park Addition; Lots 11, 12 and 13, Block 2, Richmo6d Hills 2nd Addition; Parcel 280, Sec. 33, T. 117, R. 21; Parcel 200, Sec. 28, T. 11-7, R. 21; Parcels I 200, 7860, 7878, 3200, 5210, 5810, 5400, Sec; 32, T; 117, R. 21. I Florence B. Hallberg Village Clerk 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, RADAR UNIT PURCJZLSE AUTHORIZED. Department request for purchase of a second Mark VI-A Radar Speedalyzer at: a cost of $1,350.00 was authorized by motion-of Councilman VanValkenburg, seconded by Councilman Johnson and carried. MINNEHAHA CREEK FLOOD PLAIN MAPS FUND APPROVED. Councilman Courtney's motion was seconded by Councilman VanValkenburg and carried authorizing the Village to cooperate with the Minnehaha Creek Watershed Distkict by participating in the flood plain mapping program at a cost between $750 and $1,500. CASH REISTER FOR GRIILAT GOLF COURSE APPROVED. Councilman VanValkenburg's motion was seconded by Councilman Courtney and carried, approving purchase of a new cash register for the Grill at the Golf Course $1,086 .OO . As recommended by Mr. Dalen, the Police As recommended by Mr. Hyde, I As recommended by Mr. Dalen, CLAIMS PAID. and carri.ed for payment of the following Claims as per Pre-List: $33,236.71; Construction Fund, $404,080.73; Park, Park Construction, Golf, Swimming., Arena, $37,808.05; Water Fund, $16,127.53; Liquor Fund, $132,117 ..89; Sewer Fund, $1,743.06 ; Improvements $460.23 ; Total, $625,574.20. The Agenda's business having been covered, Councilman Johnson's motion for. adjournment was seconded by Councilman Shaw and carried. 9:00 p.m. Motion of Councilman Courtney was seconded by Councilman Shaw General Fund, Adjournment at Lo- B. -il J!A I' Village Clerk L