HomeMy WebLinkAbout19701102_regularMINUTES OF THE REGULAR MEETING OF THE
EDXNA VILLAGE COUNCIL HELD AT VILLAGE HALL 'ON MOMlAY, NOVEMBER- 2, 1970
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Members. answering rollcall' were Councilmen Courtney, Johnson , VanValkenburg
and Mayor Bredesen, (See correction in Minutes of December 7, 1970)
STREET IMPROVEMENT BA-173 APPROVED AT PUBLIC HEARING. Affidavits of Notice
were presented by Clerk, approved as to form and ordered placed on file.
PursuFnk pzdue'adtice given, public hearing was conducted and action taken
as hereinafter recorded:
PERMANENT STREET SURFACING, CONCRETE CURB ANI> GUTTER AND STORM SEWEFIN THE
FOLLOWING :
County Road No. 158 (Vernon Avenue) from Gleason Road to 100'
East of Villa Way (Station 580 f 56 to 665 f 0). . .
Mr. Hyde presented total construction cost of this State of Minnesota Municipal
Turn Back improvement at $622,8&4.23, $42,326.86 of which is proposed to be
assessed against an estimated footage of 10,326.86 at an estimatedcost of
$4.09 per assessable Toot.' He noted that the project calls for paving the
gravel shoulders of the roadway. which will be 44 feet in kid€h, Mr; Robert
C. High, 5516 Vernon Avenue, and Mr. Harvey Hansen, 5701 Hansen Road, and.
Mr. Paul. Dudek, 6021 Vernon Avenue,'were told that the drainage ditch would
be-eliminated wherever Ij6ssible. &6dhhaE! chi0 ~P~~j~Bt'w~il-dlinei~de the sod'
ding of disturbed areas. Mr. Hansen was also told that if' County funds were
not: avaglable, the project would be dropped. In response to a question from
the audience, Mr. Hyde advised that all utilities have not been installed on
both sides of Vernon Avenue and suggested that the proposed project be auth-
orized with the understanding that the utility situation be studied before
bids are taken. The resident at 5240 Richwood Drive and Mr. Raymond A. John-
son, 5601 Gate Park Road, said that it is har'd to see how this project could
improve their property.
Mr. Hyde that the finished street would compare with W. 70th Street by
Cahill School. Mr. Robert G. Schulz, 5521 Goya Lane, was told that street
assessments are generally paid over a ten to fifteen year period.
of property at Eden Prairie Road and Blake Road complained that closing off
Eaen Prairie Road at Vernon Avenue would interfere with and impair the
operation of the Gulf Oil service station at bhat corner and was told that the
closing had been petitioned by Eden Prairie Road property owners.
at 5604 Dundee Road was told that V-ernon Avenue would be widened equally on
each side of the center line in nearly all cases.
in the audience was told that the cost of the improvement would become a lien
on the property at the time of the assessment hearing.
5601 Tracy Avenue, was told that there are no semaphores planned at the present
time but that conduit will be installed under the road.
question of an unidentified gentleman in the audience, it was noted that'the
matter of a blacktop'pathway on the shoulder of the road had been discussed
with the County. Another identified gentleman in the audience expressed his
approval of the project.
Courtney offered the following resolution authorizing the improvement and
moved its adoption with the underst-anding that the utilities be checked out
before bids are let:
RESOLUTION ORDERING IMPROVEMENT NO. BA-173
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published and mailed to
owners of each parcel within the area proposed to be assessed on the follow-
ing proposed improvement:
Mr. John C. Perry, 5537 Chantrey Road, was told-by
The owne;r
The resident
An unidentified gentleman
Mr. W. P. Aronson,
In response to a
Follow_ing considerable discussion, Councilman
CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND
STORM SEWER IN THE FOLLOWING:
County Road No. 158 (Vernon Avenue) from Gleason Road to 100' East! of
Villa Nay
arid At rha! h&XZng held ar Chc? rim6 &itti plWe specifidd id said doCii%E, the
Council has ddl$ considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with the
construction of said improvement, with the understanding that the utilities
be checked out before bids are let, including all proceedings which may be
necessary in eminent domain for the acquisition of necessary easements and
rights for construction and maintenance of such improvement; that said
improvement is hereby designated and' shall be referred to in all subsequent
proceedings as STREET IMPROVEMENT NO. BA-173; and the area to be specially
assessed therefor shall include 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; Lot 9, Block 1, Lot 13,
Block 2, John E. Anderson'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 Seeood, Addition to Edina Highlands;
Lot 4, Block 3, Highwood Addition to Edina Highlands;
11/2/70
, R.L.S. Ne, 1081; Part of Tract ttC41, R.L.S. No, 194; Tracts and 81cta
Lots 12, 13, 14, 15 and 17 Block 1 and Lots 8 ad-4 Bbcr 2 ~nolls 8th Addition; Lotsd,. 7 ana.8, Black 4 ZParkwodd KndLSd'%88?ad
Lot 1, Block 1, Lots 1 and 26, Block 2, Lots 1 and 30, Block 3, Outlot A,
allarney Shores; Tracts t'Att and IrBt', R.L.S. NO; 1126; Tract "At', R0L.S.
No_. 590; Lots 1, 5 and 6, Block 1, EIcGary-Addition; Lot 1, Block 1, Lots
1 and 2, Block 2, Kohlridge Addition; Lots 5-and 6, Block 1, Kohlridge 2nd
Addition;'Lot 1, Block.1, Warden Acres - Larson's Replat; Lot 1, Block 1,
J. & J. Addition; Lot 1, Block 1, Parkland View; Lot 1, Bldck 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, Bloclc 2,
Richmond Hills 2nd Addition; Parcel 280, Sec. 33, T. 117, R. 21; Parcel 200, '
Sec. 28, !C. 117, R. 21; Parcels 200, 7860, 7870, 3200, 5210, 5810, 5400,
Sec, 32, T. 117, R. 21.
Motion for adoption of the resolution was seconded by Councilman VanValken-
burg and on rollcall there were five ayes. and no nays and the resolution was
adopted ,
ORDINANGE NO. 261-214 GRANTED FIRST READING.
No. 261-214 for First Reading, noting that the proposed ordinance calls for
Planned Residential Districts PRD-1, PRD-2, pRD-3, p~l'1-4 and pm-5.
explained that &e, Planned Residential District Ordinance originally limited
densities to four units per acre and that the propo.sed amendment would permit
up to twenty-four units per acre as qaximum density.
questioned the fact that the ordinance c.ontains no limitation on the height
of a building except by setback for PRD-5.
offered Ordinance No. 261-214 for Figst Reading as follows:
f
"
Mr. West presented Ordinance
He
Councilman Johnson.
Councilman VanValkenburg then
ORDINANCE NO. 261-214
OF THE VILLAGE OE EDINA
AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE)
CREATING ADDITIONAL 'PLANNED- RESIDENTIAL DISTRICTS
THE VILLAGE COUNCIL OF THE VILLAGE,OF EDINA, MINNESOTA..ORDAINS:
Section 1.
amended to read as follows:
"1. Purpose. The planned development concept is rapidly emerging
as a means for encouraging creativity, imagination, variation and flexi-
bility inkhe development of residential areas. Its basic characteristic
is fhe clustering of housing in an effort to preserve and protect natural
amenities, to provide large expanses of usable open space, and to reduce
development costs.
environment having a.mixture of housing types in a functional and natural
setting.
designated as PRD-1, PRD-2, PR?-3, PRD-4, and PRD-5.
closely approximate single family developments in terms of the number of
units per acre and could occur in an R-1 setting,
slightly exceed R-1 densities while PRD-3,PRD-4 and PRD-5 approximate apart-
ment densities and thus anticipate a lesser mixing of housing."
Section 2. Paragraph 3 of Section 5 of Ordinance No. 261 is hereby
amended to read as follows:
"3. Requirements for the Establishment of Planned Residential Dis-
tricts; Before a petition or application for Planned Residential District
zoning may be acted upon, the following conditions must be met:
(a)
in area for PRD-1 zoning, nor less than five acres in area for PRD-2, PRD-3,
PkD-4 and PRD-5 zoning,
group of owners, and shall be capable of being planned and developed as one
integral unit.
The number of dwelling units within the site shall not exceed
the number of acres therein multipl5ed by four for PRD-1, six for PRD-2, 12
for PRD-3, 18 for PRD-4, and 24 for PRD-5.
graph 7 of Section 5-of this Ordinance.
dwelling unit to be so set aside shall be as 'follows for each district:
Paragraph 1 of Sectid;-5 of Ordinance No. 261 is hereby
Its purpose is to create a new high-quality residential
The Planned Residential District shall be dived into subdistricts
PRD-1 is-proposed to
PRD-2 is proposed to only
The planned development site shall be not less than ten acres
The site shall be under the control of one owner or
(b)
(c) Open space shall be set aside or dedicated as provided in para-
The minimum amount of open space per
(1) PRD-1: 2,000 square feet
(2) PRD-2: 1,500 square feet
(3) PRD-3: 400 square feet
(4) PRD-4. ,400 square feet
(5) PRD-5 400 square feet
Section 3,
amended to read as follows:
Paragraph 6 of Section 5 of Ordinance No. 261 is hereby
11/2/70 2 1,:.
I ..
"6. Yard and Site Requirements.
(a) Maximum height of structures;
(1) PRD-1: Two. stories for single and two-family dwellings - . and-three stories for all other structures.
* (2) PRD-2, PRD-3, PRD-4: Four stories.
(3) PRD-5: No maximum. Height shall be determined by the set-
Minimum number of parking spaces required:
(1) All residential dwelling units: 2 enclosed spaces per dwell-
(2)
back required.
(b)
ing unit.
Other permitted uses:
3 of this Ordinance.
as provided in paragraph 5 of Section
(c) Setbacks from streets designated by the Planning Department as
collectors, arterials, expressways or freeways and from Planned Residential
District boundaries shall be requ red in accordance with paragraph 4 of Sec-
tion 3 of this Ordinance. Setbacks from collectors, arterials, expressways
or freeways and Planned Residential District boundaries for all residential
structures shall be 35 feet or the height of the,building, whichever is
greater."
amended to read as follows:
area, scenic vista and other authorized open space shall be set aside as
common land for the sole benefit, use and enjoyment of present and future lot
or home owners within the development and their guests, or shall be dedicated
to the Village as park land for the use of the general public, or shall be
subjected to a perpetual scenic and open space easement in favor of the
Village.
more appropriate and shall, recommend to the Village Council one of the
following procedures:
to a home owner's association or other simbilar nonprofit organization so
that fee simple title shall be vested in such arganization, provided that
suitable arrangements have been-made for maintenance of said land and any
buildings thereon, and provided further, that an opep space easement for said
land shall be conveyed to the Village to assure that open space laod shall
remain open, or
park or recreational purposes by the tract owner or owners.
option is determined to be in the best interest of the Village, the owner
shall not be compelled to improve the natural condition of said open space
lands.
easement in and to the open space land for the purpose of assuring the
retention of the open space as open space and scenic surroundings. Where
this option is determined to be in the best interest of the Village, the -
owner shall be compelled to maintain the open space in compliance with the
ordinances of the Village then and thereafter enacted. Such easement shall
also establish enforcement procedures and allow the Village to perform
obligations of the owner, collect its costs from the owner, and charge such
costs against the open space land and-adjoining property of the owner an&
collect such costs as an assessment.
to use the open space as public park, nor any right to the Village or the
public to make improvements on or physical use of the open space."
Section 5.
adoption and publication.
Section 4. Paragraph 7 of Section 5 of Ordinance No. 261 is hereby
"7. Open Space Requirements. Open space, teee cover, recreational
The Planning Commission shall determine which of these options is
(a) The open space land-shall be conveyed by the tract owner or owners
(b) The open space land shall be dedicated to the general public for
Where this
, (c) The Village shall be conveyed a perpetual scenic and open space
-
Such easement shall not grant any right
This ordinance shall be in full force and effect upon its
ORDINANCE NO. 263A-4 CONTINUED TO NOVEMBER 16, 1970. Mr. West presented
Ordinance No. 263A-4 which is p<op-osed to amend the Platting Ordinance by
requiring dedication of land for parks and open space and land or easements
for protection of natural water bodies.
Village can take land away from a property owner. Mayor Bredesen explained
that this ordinance would protect the $utnre:gwner of the pwperty.
explained to Councilman Johnson that the Village has already acquired, without
any ordinance, a strip along various stretches of Nine Mile Creek in its
early stages of development. Councilman Johnson objected that the Village
would be condeming property that belongs to others for public purposes and
suggested that the Village get the right to protect the creek for hydraulic
efficiency but that it should not be used for park or recreational purposes,
unless the property is condemned. Following considerable discussion, Councii-
man VanValkenburg suggested condemning the property and charging the cost back
to those who are immediately affected. Councilman Johnson said that he would
be agreeable if the reference of'tledication to public usd'were eliminated and
arlpetpGCual scenic easement" required. Hk; .Haz%ey Hanseii, and Mr.. Robert J;: . e brey-.entered into a discussion as to the definition of a "natural water
Mr. Cpurtney questioned how the
Mr. Hyde
2 2, 11/2/70
1 I body".
nance No, 26314-4 until the Vallage Attorney can work out a definition of
Councilman VanValkenburg's motion-continuing First Reading of Ordi-
"natural water body" was seconded by. Councilman Shaw and carried.
BLbCK 1, LAKE EDIWEASEMENT VACATION APPROVED,
presented by Clerk, approved as to form and ordered placed on file. Mr, Hyde
presented the petition of Mr. Donald Sorenson, 4812 Larkspur Lane, for vaca-
tion of an unused drainage easement on a previous plat.
heard and none had been received prior there_to.
in favor of the vacation.
resolution and moved its adoption:
Affidavits of Notice were
No objections were
Hr:-.Ri&hard Lindholm,spoke
Councilman Johnson then offered the following
RE SOLUTION
VACATING DRAINAGE EASEMENT
WHERAS, two weeks' published, posted and'mailed notice of a Hearing to be
held on fiovember 2, 1970, at 7 :00 p.m., on the proposed vacation of the
drainage easement hereinafter described has been given and made and a hearing
has been held thereon by the Edina Village Council:,
NOW, THEREFORE, be it resolved by the Village Council of the Village of
Edina, Hennepin. County, Minnesota, that the following desc'ribed drainage
easement in Lake Edina Addition, as shown on recorded plat thereof, Hennepin
County, Minnesota, be and is hereby vacated effective December 8,'1970, unless
on or before said date this resolution is amended, annulled or rescinded by
the Village Council:
Drainage easement in the East 5' of Lot 1, Block 1, Lake Edina
Addition, and the West 51 of Lot 2, Block 1, Lake Edina Addition,
except those portions described as drainage easement and utility
easement on record plat of Lake Edina Addition Block 1 Replat'.
Motion for adoption of the resolution w%s seconded by Councilman VanValkenburg
and on rollcall there were five ayes and no nays and the resolution was adopted.
LOT 1, BLOCK 1, DAVIES 1ST ADDITION EASEMENT VACATED. Affidavits of Notice
were presented by Clerk, approved as to form and ordered placed on file, Mr.
0;nn presented the request of Robert E. Anderson, 413 Arthur St., for vaca-
tion 'of a utility easement on Lot 1,. Block 1, Davies 1st Addition.
son urged approval of the vacation. -No objections had been received prior
thereto , whereupon Councilman Johnson offered the following resolution and
moved its adoption:
Hr. Ander-
RESOLUTION VACATING UTILITY EASEMENT ' IN LOT 1, BLOCK 1, DAVIES IST ADDITION
FlHEXU@S, two weeks' @blished, posted and mailed notice of a Hearing to be
held on November 2, 1970, at 7 :00 p.m., on the proposed vacation of the
drainage easement hereinafter described has been given and made and a hearing
has been held thereon by the Edina Village Council:
NOW, THEREFORE, be it resolved by the-Village Council of the Village of
Edina, Hennepin County, Minnesota, that the following described utility
easement in Davies 1st Addition, as shown-on recorded plat thereof, Hennepin
County, Minnesota, be' and is hereby vacated .effective December 8, 1970, unless
on or before said date this resolution is amended, annulled, or rescinded by
the Tillage Council:
. Utility easement i'n the IJest 10' of the East 25' of Lot 1, Block 1,
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,
Davies 1st Addition.
SOUTHDALE YORK ADDITION GRANTED PRELIMXNiRY PLAT APPROVAL.
were presented by Clerk, approved as to form and ordered placed on file.. Mr,
UeBt' then present'ed Southdale York Addikion for preliminary approval as recom-
mended by the Planning Commission, noting that this property is located east
of York Avenue and Southdale Shopping Center, west of Xerxes Avenue, south
of West 66th Street and North of Nest 69th Street. In response to a question
of Councilman Johnson, Mr.'Hyde advised that plat approval would not have to
be tied to the curb cut requested by cayton Development and denied on October
5, 1970, Mr. J. A. Halvorsen, 6700 X6rxes Ave. S., and Mr. Lowell Turner,
6624 Xerxes Avenue, questioned the proposed use of the property and were told
by Mr. Jack Rice of Dayton Development that-the- property had not yet been
sold but that it was aoned C-3 Commercial-District. Discussion ensued as to
installation of a fence andMr. Rice qssured the Council that once the first
entire distance on the East lot line and charge the cost against the purchaser
of the property.
offered the following resolution granting preliminary approval with the under-
standing that the fence be installed along the i.,nf&Ee East property line once
Affidavits of Notice
'piece of property is sold i%ygonFD&veloprnent will install a fence along the
No further discussion ensued, whereupon Councilman Johnson
11/2/70
the first piece of property is sold and moved its adoption:
RESOLUTION APPROVING PRELIMINARY APPROVAL OF .
SOUTHDALF, YORK ADDITION
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
that certain plat entitled "Southdale York Addition" platted by Dayton Devel-
opment Company and presented at the meeting of the Edina Village Council of
November 2, 1970, be and is hereby granted preliminary approval.
Motion for adoption of the resolution was seconded by Councilman
on rollcall there were five ayes and.no nays and the resolution was adopted.
Courtney and
EDINA-MORNINGSIDE SANITATION AWARDED BID FOR MORNINGSIDE AREA.
recalled.that bids for refuse collection which were taken on September 30, 1920,
had been continued from October 5, 1970, and recommended award to Edina-Morn-
ingside Sanitation under Alternate #4A (two collections per week with the con-
tractor doing the bi1ling:in the Morningside area only). Mr. Vierkant from .
Vierkant Disposal Service said that the only reason he had submitted a bid was
because Mr. Sloan had told him that he would be quitting business.
Vanderberg, 720 North Star Center, attorney representing Model Cleanup
questioned the rejection of bids other than that of Edina-Morningside and asked
to be notified the next time specifications are drawn up so that Modern Cleanup
could present recommendations. Mayor Bredesen suggested the possibility, in
aesponse-t,o%a.queStion:of.Mr. *Ed Drury, khat regular garbage haulers licenses .
should expire at the same time as the contract for the Morningside area.
lowing some discussion, Councilman Courtney% motion awarding .bid for Alternate
#4A to Edina Morningside Sanitation and rejecting. all other bids was seconded
by Councilman Johnson and carried.
Mayor Bredesen
Mr. Wayne
Fol-
LIGHT FIXTURES BID AWARDED TO MAYER ELECTRIC FOR HOCKEY LIGHTS AT PAMELA & BEARD PARKS
Mr. Hyde presented tabulation of three bids received for light fixtures, lamps
and installation whowing Cy Courture high bidder at $10,491.00, Edina Electric
at $4,685.00 and Mayer Electric low bidder at $4,580. Councilman Johnson's
motion awarding bid to recommended low bidder, Mayer Electric, was then seconded
by Councilman Johnson and carried.
I
WALNUT RIDGE THIRD ADDITION STORM SEWERsPETITION was received and ordered
referred to the Engineering Department for processing by motion of Councilman
Shaw, seconded.by Councilman Courtney and carried.
CLAGRAMAR 4TH ADDITION WATERMAIN, SANITARY SEWER AND PERMANENT STREET SURFACING
AND CURB petitions were received.-and referred to the Engineering Department
for processing by motioa of Councilman Courtney, seconded by Councilplan Shaw
and carried.
CANVASSING BOARD APPOINTED FOR VILLAGE ELECTION. Messrs. Frank Herbert, James
Hahn, Lee Runberg and Steve Sipper were appointed to serve as Canvassing Board
for the Village Election of November 3, 1970, by motion of Councilman Shaw,
seconded by Councilman VanValkenburg and carried.
LOTS 1 THRU ?., BLOCK I, KILLARNEY SHORES, DIVISION MSDELJXION AMENDED. Upon
being advised that deed restrictions had not yet been received a'srhad been
required for the division of Lots 1 thru 7, Block 1, Killarney Shores, Council-
man VanValkenburg offered the following resolution and moved its adoption:
BE IT RESOLVED by the Village Council of the Village of Edina that the/division
of Lots 1 thru 7, Block 1, Killarney Shores,.as approved by resolution of the
Edina Village Council on August 17, 1970, be-amended so as to be effective on
November 6, 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.
RESOLUTION effective date for the
. GRETCHEN ALDEN PARK WATER PLANT IMPROVEMENT BIDS TO BE TAKEN. My. Hyde recalled
that the Village has been in controversy as to whether or not Nine Mile Creek
has been po1lu;ed by the discharge of iion removal pa?titAd from the Gretchen
Alden Park Water Plant. Though Mr. Hyde did not admit that Nine Mile Creek is
being polluted by the iron removal plant, he suggested that because attorney
fees would be high and in view of the **temper of the times" settling tanks
could be installed,for $20,000 or less so that no iron filings would go into
the storm sewer and eventually into Nine Mile Creek.
moved-that bids be taken for settling tanks, with the understanding that the
lawsuit be dropped against the Village.
Shaw and carried.
Councilman Johnson then '
Motion was seconded by Councilman
241, 11/2/70
J
TONKA KENNELS CONTRACT RhE"ED,
patrol charge for 1971 will remain at.$6.88 per hour but that the hoard charge
will be increased 25e per day, Councilman VanValkenburg's motion authorizing
*enterhgXnt.nt.o- contbcG 62th'' Tonka! KznnelS $62 the year 197 1 was seconded by
Councilman Courtney and carried.
Up06 being ad+&& b3 Mr. Hyde that Tonka KenxaelS
..W. 77TH STREET CONDENNATION NOT AUTHORIZED. Mr. Hyde recalled that he and Mr.
hnn had met with Mr. Rauenhorst at the Highway Commissioner's office relative
to W. 77th Street at T.H. 100 known as Tract U, R.L.S. 1050, which hasonot been
platted as a public street.
set up condemnati,on of the property, cost of which would be assessed against
abutting properties, since all of the sixty feet was teken off his property and
none from the Dale Green property to the North.
maintenance for seven years running does result in a public road thirty-three
feet each side of .the center line.
informally authorized to advise Mr. Rauenhorst that the Council does not want
to condemn the property and assess the cost against abutting properties.
APPk TO BE FILED FOR CONDEMNATION AWARD FOR PROPERTY WEST OF VILLAGE HALL.
Mr. Hyde advised Council that notice had been received offering the Village
He noted that Mr. Rauenhorst wants Coundil.to
Mr. Erickson recalled that
Following some discussion, llr. Hyde was
$223,354.00 for property located between W. 50thSt. and Eden Avenue and
the Village Hall and old Minnewawa Avenue (M.H.D. parcel 36) and $8,080.00
for property located North of.Eden Ave.. between T.H. 100 and the Histoxical
Eark.siteZ(M.H.D. Parcel 36B). Mr. Hyde recalled that an original offer had
been made of $83,000, based on .residential property value.
that his appraisers had given-a low estimate-pf $280,000 and a higb estimate
of $318,000, considering the fact that the.Village Hall has depreciated in
Mr. Erickson discussed dis-
cusg,ed disadvantages of filing an appeal and recommended that Old Hopkins
Road and Minnewawa-Avenue be vacated in the Historic Park area.
that it has been his understanding that the State Highway Department,was to
donate the land needed for the Historic Park.
sion, the Village Attorney was authorized to-file a notice of appeal bf the award.
Mr. Erickson said
walue because of inadequate parking facilities.
Mr. Hyde said
Following considerable discus-
POLICE RETIREMENT BILL TO BE REQUESTED. Mr. Hyde recalled that, starting Janu-'
ary 1, 1969, the Village had been putting $25.00 per month per man aside as a
separation benefit for police officers who retire. Mr. Hyde presented an act
which had been drawn by Mr. Mahoney calling fgr establishment of a Police
Retirement Fund, whereupon Councilman Johnson offered the following resolution
and moved its adoption:
RESOLUTION
BE IT RESOLVED that Senator Alf Bergerud and Representative Otto Bang be
requested to secure passage of a proposed "Bill for an Act Relating Eo the
Village of Edina, Authorizing Establishment of a Retirement Fund for Police
Officers'' to be introduced at the next session'of the Legislature.
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.
HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES ~EPRESENTATIVES APPOINTED. BY motion
ofCouncilman Johnson, seconded by Councilman VanValkenburg and carried,
Councilman Courtney was appointed Representative to the Hennepin County League
of Municipalities and Councilman Shaw mas appofnted as alternate.
EENNEPIN COUNTY LEAGUE OF MUNICIPALITIES TAX REPORT discussion continued to
November 16, 1970 so that Council would have kn opportunity to study the
report. .
HUMAN.RELATIONS WEEK APPRECIATION EXPRESSED.
of appreciation to the Council from the Edina Human Relations Commission
expressing tbanks.for Council's cooperatiion and noting that a final report
will be submitted as soon as possible.
"NO DISCRIMINATION" SIGNS AUTHORIZED.
seconded by Councilman Courtney and carried authorizing the Edina Human Rights
Commission to engage in the project of placing "No Discrimination" signs in
the entky ways of apartment buildings in the Village by contacting apartment
owners and requesting their permission to place the signs in their buildings,
HUMAN REXATIONS COElMISSION NAME CHANGE REQUl?STED.
Relations Commission, Councilman YanValkenburg of€ered the following resolution
and moved its adoption:
Attention was called to a letter
Councilman VanValkenburg's motion was
As requested by the Human
f ..
- 11/2/70
ORDINANCE NO. 5-2
AN AMENDMENT TO ORDINANCE NO. 5-1 CHANGING THE NAME
OF THE HW RELATIONS COMMISSION
- TO E& RIGHTS COMMISSION ,
The name "Human Relations Commission" is hereby amended to
This, ordinance shall be in full force and effect upon its
THE VILLAGE COUNCIL OF THE VILL&GE'OF EDINA, MINNESOTA, ORDAINS:.
Sectionl.
. Section 2.
"Human Rights Commission.
adoption and publication accoxding to law.
HUMAN RIGHTS COMMISSION REQUEST FOR SUPPORT FOR ADDITIONAL STAFF FUNDS CONTINUED.
Attention was called to the request of the Human Re&atiofls Cbmmission for,
support of Commissioner Balfour's request for sufficient funds to hire the
staff necessary to issue cektificates of compliance in accordance with M.S.
363-07 3.
Balfour has requested $113,000 to hire a staff to work on the enforcement of
the statute which required that all levels of government must hire a certain
percentage of nminority group people. Mayor Bredesen said that human rights
should extend beyond race, religion and natural origin and said that it was
important that only persons qualified to do a certain job be hired, regardless
of other circt3mstances.
decided that the Village Manager'should obtain information as to the kind of
budget Commissioner Balfour has and that the matter be continued until that
information is available.
Mr . Courtney explained that; Ln ,orderv to:'enf qrce- th'e *. latj, .:.CBmmisskoner
Following considerabl6 discussion, Zt was-infofmally . '.
PARKING RAMP WATERPROOFING BIBS TO BE TAKEN. Mr. Dunn advised Council. that
there is a serious problem of 2eaking at the parking ramp which cannot be
remedied by sealing the cracks. Because of the possibility of additional
damage to the structure if this condition should be permitted to go on through
the winter, Mr. Dunn recommended that bids be taken for application of a *
waterproofing application. -He added that the prime contractor will not spend
any money to alleviate the problem. Following some discussion, Councilman
VanValkenburg offered the following resolution authorizing taking of bids and
moved its adoption:
RESOLUTION AUTHORIZING BIDS FOR WATERPROOFING
OF PARKING RAMP DECK IMPROVEMENT NO. P-1.
BE IT RESOLVED by the Village Council, Village of Edina, Minnesota:
1.
the following Advertisement for Bids form, heretofore prepared by the Village
Epgineer and now on file in the ofEice of the Village Clerk are hereby.approved.
2. The Clerk shall cause to be published,in the Edina Sun and Cqnstruction
Bulletin the following notice for bids for improvement:
The plans and specifications for the proposed improvement set forth in
(Official Publitation)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
WATERPROOFING OF PARKIN,G RAMP DECK IMPROVEMENT NO. P-1
SEALED BIDS will be received and opened'in the Council Chambers in the Edina
Village Hall, 4801.W. 50th St., at-ll:OO a.m., Monday, November 16, 1970, and
the Edina Village Council will meet at 7:OO p.m., on Monday, November 16, 1970,
to consider said bids for waterproofing of parking ramp deck.
Work to consist of waterproofing of approximately 25,000 square f&et
of reinforced concrete parking ramp deck.
Work must be done as described in plans and specificationb on file in the
office of the Village Clerk,' Plans and specifications are available for a
deposit of $25.00 (by check).
plans and specifications with a bona fide bid. No bids will be considered
unless sealed and accompanied by chshkdeposit, bid bond or certified check
payable to the Village Clerk -in the amount'of at least ten (10) percent of
amount of base bid.
Said deposit to be returned upon return of the
The Council-reserves the right to reject any or all bids.
BY ORDER OF THE EDINA VILZAGE COU~CIL. .
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was seconded byA- Councilman rToiinson-ana-on
mllcalX-there were five ayes and no nays and the resolution was adopted.
HENNEPIN COUNTY AGREEMENT PW 23-11-70 FOR HIGHWAY 158 APPROVED. As recommended
by Mr. Dunn, Councilman VanValkenburg offered the following resolution and
moved its adoption:
BE IT RESOLVED by the Edina Village Council that the Mayor and Village Manager
are hereby authorized and directed to enter i.nto Construction Cooperative
Agreement No. PW 23-11-70 with the Hennepin County Highway Depart,ent for
RE SOLUTION
County Project Nos. 6733 and 6810 for the improvement
Highway No.. 158. ..>
I.
of County State Aid
Notion for adoption of the reso ition was seconded -y
on rollcall there were five ayes and no nays and the resolution was adopted.
ORDINANCE NO. 211A-4 ADOPTED AT SECOND' READING.
Ordinance No. 211A-4 as follows and moved ip adoption:
Councilman Johnson and
b
Councilman Johnson offered
ORDINANCE NO, 211A-4
AN ORDINANCE AMENDING ORDINANCE NO. 2flA .
AS TO REQUlREMENTS FOR BOND
TH$. VILLAGE COl.p?CIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
amended to read as follows:
"Sec. 30. Bond Required. Before obeaining any license hereunder,
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, damages and expenses arising from his failure to comply
contract pursuant to Section 22 of this ordinance, and before the granting
of any exclusive license pursuant to Section 23 of this ordinance, the con-
tractingeparty 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,covexed by such contract or exclusive license, or
in the penal sum of $100,000 if the contract or exclusive'license shall cover
the whole.of the Village, which bond shall be conditioned that the applicant
shall save the Village harmless for all actions, damages and expenses arising
from failure to comply with aqprovisipns of this ordinance, or of such Contract
or exclusive license.
Village Clerk,
charge,
such under the laws of the State of Minnesota"
Section 30 of Ordinance NO. 211A of the Village is hereby
-3Jith .my prmisions of this ordinance. Before the entering into of any
Such bond shall be submitted on the form on 'file'in the office of the
Copies thereof shall be available to all applicants with'out
The surety thereon shall be a-corporation duly authorized to act as
Section 2. . This ordinance shall be ffi full force and effect upon its
adoption and publication, ..
Motion for adoption of the ordinance was
on rollcall there were five ayes and no
ATTEST:
tee P. r
Village Clerk- I, .
ORDINANCE NO. 20-2 ADOPTED AT .SECOND READING.
nance No, '20-2 and. moved its adoption as follows:
Councilman Johnson .offered Ordi-
ORDINANCE NO.. 20-2
AI? ORDINANCE AMENDING ORDINANCE NO. 20
AS TO ENFORCEMENT, SUSPENSION OR REVOCATION
OF LICENSES AND PRESCRIBING PENALTIES
THE TILLAGE COUNCIL OF THE VXWGE OF EDINA, MINNESOTA, ORDAINS: ,
Section 14 of Ordinance Ho, 20 are hereby re-lettered {b), fc), (d$, (e),-(f)
and (g) respectively,
is hereby amended by adding thereto a new subparagraph ,(a) to Section 14
thereaf as follows:
"(a)
- Section 1. Subparagraphs (a), a(b); (c)~ (d), (e), and (f) of
Section 2, Said Ordinance No. 20 (licensing ordinance) of the Village
He may notify the licensee in writing that he is in violation
..of one or more stated provisions of this ordinance of of any other ordinance
of the Village applicable to the occupation, machine or vehicle licensed, and
that unless the violation is removed within a specified period, not less
than three days, the Village may remove the violation and charge the expense
suchperiod, if the violation has not bee removed, the Manager or his deputy
may order removal of the violation by Village employees using Village equip-
ment or by contract between the Village-and another licensee or non-licensee.
If so removed, the cost shall be charged to the licensee and-shall be payable
on demand. The remedies and provisions-of this subparagraph (a) 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 05 of this ordinance."
adoption and publication.
*
- thereaf to.theZiEenFee, which shall be payable on demand. At the end of
Sec$ion 3. - This ordinance shall be in full force. and effect upon its
11/2/70
Motion for adoption of the ordinance was
and on rollcall there were five ayes a
ORDINANCE NO. 66B-3 ADOPTED ON SECOND READING. Councilman Shaw offered Ordi-
nance No. 66B-3 for Second Reading and moved its adoption as follows:
- ORDINANCE NO. 66B-3
ORDINANCE AMENDING ORDINANCE NO. 66B
THE VILLAGE COUNCIL OF THE .VILLAGE OF EDINA, MINNESOTA, ORDAINS:
is hereby further amended to read as follows: . ~
by reference the Plumbing Code of the City of Mihneapolis, being Chapters 130
and 131, inclusive, of the Minneapolis Ordinance Codevof July 1, 1960, with
all amendments subsequently made thereto, including the amendments adopted
in 1970, as the regulations which shall apply in the .Village for the installa-
tion, extension or alteration of all plumbing.
therein to the Wity@' shall be construed as refer'ring 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
references therein to Wommissioner of Health" or "Department of Health'? shall
be construed as referring to the Village Health Officer or the Village Public
Health Sanitarian, either or both."
upon its passage and publication.
Motion for adoption of the ordinanc
and on rollcall there were 'five ayes
AS'TO REQUIREMENTS FOR PLUMBING WORk
'Section 1.
"Sec. 5. Minneapolis Plumbing Code Adopted. There is hereby adopted
Section 5 of Ordinance No. 66B of the Village, as amended,
"Tn the application and interpretation of said Code, all references
'
Sec. 2. This ordinance shall be in full force and e'ffect immediately
ATTEST : ?h5i-&-&---
Village Clerk
JOINT' COMPUTER TIME SHARING PROJECT FOR POLICE DEPARTMENT AUTHORIZED. AS recom-
mended by Chief Bennett, Councilman Courtney offered the following resolution
and moved its adoption:
RESOLUTION DESIGNATING THE VILLAGE OF EDINA
TO APPLY FOR GRANT ON OUR BEJ&lLF AS THE ADNINISTRATOR
OF THE PROGRAM
WHEREAS, the Brooklyn Park, Burnsville, Crystal, Eaina, New Hope and West
St. Paul Police Departments are submitting an application for funding of the
Joint Computer Time-sharing Project; and
WHEREAS, the Brooklyn Park, Burnsville, Cyrstal, Edina, New Hope and West St.
Paul Police Departments have requested'the Village of New Hope to act as the
grantee for this p,roject;
NOW, THEREFORE, BE IT RESOLVED by- the Vzllage Counci< of the Village of Edina
that:
1, The Village of New Hope act as grantee for the Joint Computer Time-
'Sharing Project and administer.the funds in behalf of rBsook2Fn Park,
Burnsville, Cgstal, Edina, New'Hope and WesC St. Paul Police Depart-
ments for the period of January 1, 1971, to December 31, 1972.
That Lawrence IJatts, Finance Director, Village of New Hope, is hereby
authorized and directed to execute such a grant as requested by the
Governor's Commission on Crime Prevention and Control to implement
said project.
- 2.
Motion for adoption of the resolution was
on rollcall there were five ayes and no
n Johnson and
r
ATTEST : .gLa 44..
Village Clerk
-I
SUBDIVISIOE 'ORDLNANCE TO BE .AMEkIlED AS TO FINANCING.
that the bond for Indian Hills Arrowhead Addition is in default and diseussed
substitutions proposed by the developer,
Mr, Dalen advised Council
Following considerable discussion,
11/2/70
Councilman Johnsm's-motiorr that- the Subdivision Ordinance be amended so as to
* permit substitution of a I+tter,of Credit in satisfactory form for a bond and
to provide that the developer would place of record restrictions or covenants
agreeing to- pay forq special. assessments when the property is sold was seconded
by Councilman VanValkenburg and carried.
TREASURER'S REPORT as of September 30, 1970, was presented by Mr. Dalen, reviewed
and orderedplaced on file by motion of Councilman Shaw, seconded by Councilman -
Courtney and carried.
LIQUOR REPORT-as-of September 30, 1970, was presented by Mr. Dalen, reviewed
and ordered placed on filesby motion of Councilman Courtney, seconded by
Councilman Johnson and carried.
CLAIMS PAID, Motion of Councilman Johnson was seconded by Councilman VanValken-
burg and carried for payment of the following Claims as per Pre-List: General
Fund, $19,924-67; Construction Fund, $649.97; Park, Park Construction, Swimming,
Arena, $18,932-59; Water Fund, $3,110.22; Liquor Fund, $44,925.46; Sewer Fund,
$239.75; Total; $87,782.66.
I
I
The Agenda's business having been covered, Councilman Johnson's motion for
adjournment was seconded by Councilman Shaw and carried.
p .m,
Adjournment at'9:20
CRP n.h.
Vi 1 lage ' Clerk
h
4
MINUTES OF THE MEETING OF THE CANVASSING BOARD FOR
EDINA VILLAGE ELECTION, HEIS TUESDAY, NOVEMBER 2, 1970
Meeting convened on Thursday, November 5, 1970, at the Edina Village Hall.
Findings of the appointed Canvassing Board were inspected and compared with
the returns of the Election Judges. It was then moved, seconded and carried
unanimously that the returns of the Village Election held November 2, 1970,
be certified as follows:
8 REPORT OF CANVASSING BOARD
VXLLAGE ELECTION
Precinet Nmber ..
Samuel A.
Halpern
1
2
3
-. 4
6
7
8
9
10
11 12
13
5:
Totals
Councilman (3 Years1
blarjory *(Sand) J. Frederic
, Hovelsrud - . Nissen
229 205 . .
178
233
204
187
120
322
. 307
263
149 .
299
189
226
237
19 2
293
19 2
10 3
204
49 1
236
149
40 3
141
254
2,906. 3,100
tJillis F.
Shan
200
47 0
827
296
5 42
381
46 8
1,055
772
300
800 *
605
453
7,169
c