Loading...
HomeMy WebLinkAbout19701102_regularMINUTES OF THE REGULAR MEETING OF THE EDXNA VILLAGE COUNCIL HELD AT VILLAGE HALL 'ON MOMlAY, NOVEMBER- 2, 1970 . -. 3- __. _I. -_. 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