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HomeMy WebLinkAbout19701116_regularIfJXUTES OF THE REGULAR MEETING OF THE EDINA VII@GE COUNCIL HELD AT VILLAGE HALL ON . ~ MONDAY, NOVEMBER 16,.1970 Members answering rollcall were Councilmen Couttney, Shaw, 3nd:VanValkenburg $35; sesed' as.'Mayor Pro Tem in the absence of Mayor Bredesen. :'. MINUTES of October 19, 1970, were approved bs coyrected relative to the Halla zoning request. an error in the minutes as pertains to the request for R-5 zoning of the Halla property. request for R-5 zoning of the Halla property and referring the matter to the Traffic Safety Committee for their study and recommendation as to a reason- able allowable density for the property in question, was seconded by Council- man Courtney and carried, alo,ng with the suggestion that the Hallas also study their proposal in view of the fact that there appears to be a feeling that the density as proposed is too great.$' ORDINANCE NO. 261-215 (NO. 811-2 AFTER 1970 CODIFICATION) GRANTED FIRST READ- - ING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file, Mr. West presented the request of Mr. E. G. Thernell for R-2 zoning for Lot 1, Block 1, Killarney Shores Addition, noting that pkior R-2 zoning had been withheld tint51 it could be determined how much land would be needed for the intersection,of Gleason Road and Vernon Avenue. advised that Planning Comission now recommends approval and no objections be- ing heard, Councilman Courtney offered Ordinance No. 261-215 (No, 811-2 after 1970 Codification) for First Reading as follows: Councilman Johnson, who arrived later in the meeting, noted The motion should read that "Councilman Johnson's motion denying the Being ORDINANCE NO , * 26 1-2 15 (NO. 811-2 AFTER 1970 CODIFICATION) (NO. 811 AFTER 1970 CODIFICATION) ESTABLISHING AN ADDITIONAL R-2 AN ORDINANCE &ENDING ORDINANCE NO. 261 MULTIPLE RESIDENCE DISTRICT THE VILUGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Sectidn 1. Paragraph 1. Multiple Residence District Boundaries of Section 4 (Multiple Residence District of Ordinance 261 (No. 811 after 1970 codification) of revised ordinances of the Village of Edina is hereby amended by adding the followingsubparagraph: - District R-2 . "(58) Lot 1, BIock 1, Killarney-Shores Addition" Section 2. This ordinance shall be in full force and effect from and after its passage and publication' according to law. K&DWAY~%ASEHERT :IN- OU~ZOTS .. 2 LAND.iT: ZEVANNS '"ADDI~r(Sf? 'VACAqEO-@FEZCTIVE * NO-mSBER 3(r, 21970 .' AEf idaviksqf :N6Ci&&i@erE 'prese'rlt~diiby~C~~~k~.~app'liQ~e~,'as.- to &nn *and osderedkplac&d'on file. Mr. Hyde advised Council that Dayton Development has requested vacation of an easement located along the Crosstown Highway between Beard and Chowen Avenues, noting that the County Highway Department are object- ing to the vacation and that the Minneapolis Gas Company also has an easement in the property, Mr. Donald Lawler, Chief Right of Ray Agent for Hennepin County, noting that in 1957 the land in question was conveyed to the Village with a condition sabsequent in the deed, and later conveyed this same land to Hennepin County. to Edina expired by its own terms when an easement was granted to Hennepin County and that the Edina Village Council has no authority to act on the matter. Mr. John Frykman, prospective buyer of the'property, replied to a petition bear- ing the names of owners of thirteen neighboring properties, stating that the drainage problem suggested would be no problem if the property is properly graded as he proposed. to build the house he wants on the property. (Mr. Johnson entered the meeting . at this time.) Mr. John G. Cornelius, 6225 Chowen Ave., objected to the ease- ' ment vacation, pointing out the fact that the Village has been called on several occasions to pump water which has run onto adjacent lots when the low spot on this property had been filled up. be made for surface water drainage if this lot is filled in. Mayor Pro Tem VanValkenburg said that ownership of the property is a private matter that does not involve the Council. offered the following resolution and moved its adoption, setting November 30, 1970, as effective date of the vacation so that the Village Attorney and Eng- ineering Department would have an opportunity to check into the matter and so that the Gas Company could obtain its easement: He added that it is the Gas Company's position that the deed He also indicated that he would seek a setback variance I He said that some provision would have to Following considerable discussion, Councilman Shaw RESOLUTION VACATING ROADWAY EASEMENT IN EVANS ADDITION WHEREAS, two weeks' published, posted and mailed notice of a hearing to be 11/,16/70 3f held on November 16, 1970, at 7:OO p.m., on the proposed vacation of a road- way easement hereinafter described has been given and made and a hearing has been held thereon by the Village Council; NOW, THEREFORE, be it resolved by the..Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described roadway easement in Evans Addition as shown on recorded plat thereof, Hennepin County, Minnesota, be and is hereby vacated effective November 30, 1970, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: Ala that portion of the following described easement except the South- easterly 15 feet as measured at right angles to the below described South- easterly line: That part of Outlot' 2, Evans Addition, described as follows: Beginning at the most Southerly corner of Outlot 1, Evans Addition; thence Southerly along a Southerly extension of the FJesterly line of said Outlot 1, a distance of 38.83 feet; thence deflecting to the left an angle of 114O 32' 42'p a distance of 202.17' to its inter- section with the Easterly extension of the Northerly line of,Outlot 1, Evans Addition; thence Westerly along said extension of the North- erly line of Outlot 1, Evans Addition, a distance of 60.31 feet to the most Easterly corner of Outlot 1, Evans Addition; thence Southwesterly along the Southeasterly line of Outlot 1, Evans Addition to point of beginning. Motion for adoption'of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes andadno nays with Councilman Johnson abstain- ing because he had not been present for the entire hearing. 9* $.( 4 a a ORDINANCE NO. 263A-4 (801-1 AFTER 1970 CODIFICATION) GRANTED FIRST READING. Mr. Hyde presented Ordinance No.,263A-4 (No. 801-1 AFTER 1970 CODIFICATION) and referred to a letter of November 13, 1970 from Mr., Erickson which answered qudst'ions raised by Council at the meeting of November 2, 1970. Councilman Johnson said that he was now satisfied and felt that the ordinance, ,as redEafted in part by the Village Attorney gives the Village greater flexibility and offered the ordinance for First Reading as follows: . . ORDINANCE NO. 801-1 (No. 2638-4 in ordinance arrangement before 1970 codification) AN ORDINANCE AMENDING ORDINANCE NO. 801 (263A) TO REQULRE.DEDICATION OF LAND FOR PARKS AND OPEN SPACE AND LAND OR EASEMENTS FOR PROTEC- TION OF NATURAL WATER BODIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 4 of Ordinance No. 801 (263A) of the Village, as amended, is hereby amended to read as follows: "Sec. 4. Land or Easements for the Protection of Natural Water Bodies. (a) In every plat, replat, or subdivision of land for residential use a reasonable portion of such land shall be set aside as open space land for the sole benefit use and enjoyment of present and future lot or homeowners within the plat, replat or subdivision, and their guests, or shall be dedicated to the public for public use as park? and playgrounds. sion shall determine which of these options is more appropriate and shall recommend to the Village of Edina one of the following procedures: (1) owners to a home owner's association or other similar nonprofit organization so that,fee simple title shall be vested in such organization, provided that suitable arrangements have been made for maintenance of said land and any buildings thereon, and profided further, that an open space easement for said land shall be conveyed to the Village to assure that open space land shall remain open, or. (2) owners to the general public for park and playground purposes. Dedication of Land for Parks and Open Space and Dedication of . The Planning Commis- The open space land shall be conveyed by the tract owner or The open space land shall be dedicated by the tract owner or In lieu of setting aside or dedicating said open space, the tract owner or owners at their option, may contribute to the Village an amount of cash equal to the value of the land otherwise required to be so set aside or dedicated. Any money so paid to the Village shall be placed in a special fund and used only for the acquisition oE land for parks and playgrounds. Where any plat, replat, or subdivision of land adjoins a natural lake, pond, or stream, including streams which flow only intermittently, a strip of land,running along all sides thereof which are contiguous to such lake, pond, or stream, which strip shall extend from a line not less than 50 feet upland from the lake, pond, or stream, as measured from the high water mark, and to and including the bed and waterbody-of such lake, pond, or stream, (b) 3 11/16/70 the Plann,ng Commission shall determine which of these options is more approp- riate and shall recommend to the Village Cquncil one of said options. case, there shall also then be granted to the Village the right in ingress to and egress from the said strip of land with men, equipment andqmaterial. where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such ease- ment is granted shall not make, do, or place, any fill, grading, improvement or development of any kind on or to such easement area, or raise the level of the easement area in any way, but all such right to fill, grade, improve and .develop, and to raise the level of the easement area, shall be granted by said easement to the Village." adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. ORDINANCE NO. 811-1 (NO. 261-214 PRIOR TO 1970 CODIFICATION) GRANTED SECOND READING, Mr. Vest presented Ordinance No. 811-1 (No. 261-214 prior to 1970 Codification) for Second Beading, First Reading for which had been granted on November 2, 1970. the following ordinance for Second Reading and moved its adoption: In either Also, Section 2. This ordinance shall be in full force and effect upon its No objections were heard, whereupon Councilman 3bhnsodfof26red ORDINANCE NO. 261-214 (WHICH IS RENUMBERED ORDINANCE NO. 811-1 BY THE 1970 CODIFICATION) AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA CREATING ADDITIONAL PLANNED RESIDENTIAL DISTRICTS (WHICH IS RENUMBERED ORDINANCE NO. 811 BY THE 1970 CODIFICATION) THE VILLAGE COUNCIL OF THE VIUAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of*Section 5-0f Ordinance No. 261 (which is renumbered Ordinance No: 811 by the 1970 codification) is hereby amended to read : a means for encouraging creativity, imagination, variation and flexibility clusixring of housing in an effort to preserve and protect natural amenities, to provide large expanses of usable open space, and to reduce development costs. Its purpose is to create a new high-quality residential environment having a mixture of housing types in a functional and natural setting. The Planned.Residentia1 District shall be divided into subdistricts designated as PRD-1, PRD-2, PRD-3, PRD-4, and PRD-5. 'PRD-1 is proposed to closely approximate single family developments in terms of the number of units per acre and could occur in an R-1 setting, exceed R-1 densities whild PRD-3, PRD-4 and'PRD-5 approximate apartment densities and thus anticipate a lesser mixing of housing." renumbered Ordinance No. 811 by the 1970 codification) is hereby *amended to read: Before a petition or application for Planned Residential District zoning may be acted upon, the following conditions must be met: (3) The planned development site shall not be less than ten acres in area for PRD-1 zoning, nor less than five'acres in area for PRD-2, PRD-3, PRD-4, and PRD-5.zoning. The site shall be-under the control of one owner or 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 multiplied by four for PRD-1, six for PRD-2, 12 for PRD-3, 18 for PRD-4 and 24 for PRD-5. 4 Open space shall be set: aside or dedicated as provided in para- "1. Purpose. The planned development concept is rapidly emerging as I PRD-2 is proposed to only slightly Section 2. Paragraph 3 of Section 5 of Ordinance No. 261 (which is "3. Requfrements for the Establishment of Planned Residential Districts. (b) (c) graph 7 of Section 5.of this ordinance. dwelling unit to be so set aside shall be as follows for each district: The minimum amount of open space per (1) PRD-2: 2,000 square feet (2) PRD-2: 1,500 square feet . (3) PRD-3: 400 Square feet (4) PRD4: 400 square feet (5) PRD-5: 400 square feet" Section 3. Paragraph 6 of Section 5 of Ordinance No, 261 (which is renumbered Ordinance No. 811 by the 1970 Codification) is hereby amended to read : "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 maximy,, Height shall be determined by the setback required. I 11/16/70 M (b) Minimum number of parking spaces required: (1) All residential dwelling units: 2 enclosed spaces per dwell- (2) Setbacks from streets designated by the Planning Department as col- ing unit. Other permitted uses: 3 of this ordinance. . as provided in paragraph 5 of Section (c) lectors, ajteerBals, expressways or freeways and from Planned Residential District boundaries shall be required in accordance with karagraph 4 of Sectiop 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. 'I Paragraph 7 of Section 5 of Ordinance No. 261 (which is renumbered Ordinance No. 811 by the 1970 codification) is hereby amended to read : "7. Open Space Requirements. Open space, tree cover, recreational 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 hone 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. The Planning Commission shall determine which of these options is more appropriate and shall recommend to.the Village Council one of the following procedures: to a home owner's association or other similar nonprofit organization so that fee simple title shall be yested in sfich organization, provided that suitable arrangements have been made for'maintenance of said land and any buildings thereon, and provided further, that an open space easement for said land shall 'be conveyed to the Village to assure that open space land shall-remain- open, or (b) park or recreational purposes by the tract owner or owners. 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. The Village shall be conveyed a perpetual scenic and open space easement in and to the open space land for the purpose of assuring the reten- tion 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 and collect such costs as an assessment. Such easement shall not grant any right to use the open space as public park, nor any right t_o thevillage or the public to make improvements on or physical use of the open space." adoption and publication. Motion for adoption of the ordinance was on rollcall there were four ayes' ATTEST : Section 4. (a) Vhe open space land shall be conveyed by the tract owner or owners The open space laqd shall be dedicated to the general public for : Where this option (c) Section 5. This ordinance shall be in full force and effect upon its nded by Councilman Courtney and . 'd-&L& Village Clerk 4 P-1 PARKING RAMP DECK WATERPROOFING BID AWARDED. tion of three bids received in response to Advertisement for Bids in the Edina Sun on November 5 and in the Construction Bulletin on November 5 and 12, 1970. Tabulation showed Abhe & Svoboda low bidder at $10,020.00, Western Watgrproof- ing Chpany, Inc., $22,440.00, and General Coatings, Inc., $22,680.00. Mr. Dunn noted that high and low bidders did not meet specifications, whereupon Councilman Courtney's motion awarding bid to Western Waterproofing Company, Inc., with the understanding that the cost be assessed against the improve- ment was seconded by Councilman Johnson and carried. that the claim against the contractor is being discussed and a demand for arbitration is being filed; Mr. Hyde presented tabula- Mr. Erickson advised - I RICHARD A. ZIEXER PROTEST ON 50TH STREET PARKING REGULATIONS was referred to the Traffic Safety Committee by motion of Councilman Johnson, seconded by Councilman Shaw and carried. ' PETITIONS FORW. 62ND STREET IMPROVEMENTS were received and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw and carried. 11/16/70 Petitions were for Sanitary Sewer; Watermain and Permanent Street Surfacing and Curb on W. 62nd Street ibEtwgen;: 6.9QsYeeE ~~S~~o~:IC~a~y"renu~~ &a2[1&6"2e& West of Tracy Avenue, 7 7"' YORK AVENUE (5400' BLOCK) WATERMAIN PETITION was received and ordered referred to the Engineering.Department for processing by motion of Councilman JohnSon, seconded by Councilman Shaw and carried.: LOT 2, BLOCK 1, MC CAULEY HEIGHTS-HALM REPLAT DIVISION APPROVED. Mr. Vest presented the request to d5vide a portion of Lot 2 and add this portion of land to Lot 3, Block 1, McCauley Heights-Halla Replat in order to give Lot 3 addi- tional side yard as recommended by the Planning Department. ' were heard, whereupon Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, Lot 2, Block 1, McCauley Heights-Halla Replat is,at present a single tract of land; and WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 2, Block 1, McCauley Heights-Halla Replat, except that part described as. follows: Cauley Heights-Halla Replat; thence Norhherly along the Westerly line of said Lot 2 a distance of 90.0 feet to an angle point in Lot 2; thence Northeasterly along the Northerlyline of Lot 2 a distance of 151.16 feet to an angle point in Lot 2; thence Southeasterly to an angle point in the Southerly line of Lot 2 a distance of 179.71 feet Northeasterly from the point of beginning; thence Southwesterly to the point of beginning; and That part of Lot 2, Block 1, McCauley Heights-Halla Replat described as follows: Beginning at the Southwest corner of Lot 2, Block 1, Mc Cauley Heights-Halla Replat; thence Northerly along the Nesterly line of said Lot 2.a distance of 90.0 feet to an angle point in Lot 2; thence Northeasterly along the Norther13 line of Lot 2 a distance of 151.16 feet to an angle point in &ot 2; thence Southeasterly to an . - angle point in the Souther13 line of Lot 2 a distance of 179.71 feet Northeasterly from the point of beginning; thence Southwesterly 'to the point of beginning; and f.JHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina wil2,create an unnecessary hardship and said Parcels as separate tracts of land do not interfere.with the purposes of the Subdivision and Zoning Regulatio-ns as contained in the Village of. Edina 0-rdinance Nos. 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village CouncilGof the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land 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 tradts 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 €urther 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 ordi- nances * Motion'SGr adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the liesolution was adopted, No objections RE SOLUTION Beginning at the Southwest corner of Lot 2, Block 1, Mc ' TRAFFIC SEMAPHORES ON T.H. 100 REQUESTED, petitions had been received requesting installation Upon being advised that twenty-nine T:H. 100 at Viking Drive and at Computer Avenue and Sau's motion referring the petitions to the Traffic ended-by Councilman Courtney and carried.: of traffic semaphores. on at W. 77th Street, Councilman Safeky Committee was sec- I .. ? BEUAR INDUSTRIAL ACRES GRANTED FINAL PLAT APPROVAL. Mar Industrial Acres, located on County Road 18 North of Valley View Road for final approval as recommended by the Planning Commission, whereupon Councilman Shaw offered the following resolution and mwed its adoption: Mr, West presented Be2 RESOLUTION APPROVING FINAL PLAT OF BEL MAR INDUSTRIAL ACRES BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Bel Mar Indusfrial Acres", platted by Bel Mar Builders and presented at the Meeting of the Edina Village Council of Monday, November 16, 1970, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Coyncilman Johnson and on rollcall there were four ayes and no nays and the resolutibn was adopted. I‘ 11/16/70 3 5:. REMBBANDT OF..EDINA; XNC .ZONING CHANGE HEARING DATE SET. man Courtney, seconded by Councilman Shaw and carried, hearing date for R-5 Multiple Residence Distric: Zoning for 3200 Heritage Drive was set for December 7, 1970. . By motion of Council- DIETRICH’S BROOKSIDE COURT PRELIMIN~RY AND FINAL PLAT APPROVAL HEARING DATE - SET for December 7, 1970, by motion of Councilman Shaw, seconded by Council- man Johnson and carried. NINE MILE-PRELIMINARY PLAT APPROVAL HEARING DATE SET for December 7, 1970, by motion of Councilman Shaw, seconded by Councilman Johnson and carried. -’ p\ ii y 711 ’ TRAFFIC SAFETY MINUTES OF NOVEMBER 9, 1970, were accepted by motion of Council- man Johnson, seconded by Councilman Courtney and carried. Mr. Jack Rice of Dayton Devehpment said that the decision of the Traffic Safety Committee that no left turns be made out of Sbuthdale York Addition would.be satisfactory. 0 SUFEICIENT HUMAN RIGHTS FUNDS URGED. Mr. Hyde’s memorandum to the Council was noted by Mayor Pro Tem VanValkenburg, which memorandum referred to the revest of the Edina Human Rights Commission request for support of the State Department of Human Rights request for additional staff. Mr. Hyde had noted that.h6 belfeves; thst this is a matter concerning departments in State Government only and that any intercession on the part of a local government without considerably more-.study is out of arder and not required, since an advisory committee has been appointed by the Governor to review Commissionor Balfour’s proposal. wants the Council to urge that additional funds be granted by the Legislature so that a larger staff could be employed. Following considerabie discussion, Councilman 30hasop offered the following resolution and moved its‘ adoption: Councilkan Courtney said that the Human Rights Commission RESOLUTION BE IT RESOLVED that the Edina Human Rights Commission urge the 1971 Minnesota Legislature to appropriate suf ff‘cient funds for the Minnesota Department of Human Rights to enforce M.S.363~,”’. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. METROPOLITAN COUNCIL MEETING OF November 19, 1970, at 8:OO p.m. at St. Louis Park City Hall was.noted by Mr. Hyde. ff NEW FIRE STATION PRELIMINARY,PLANS APPROVED. Mr. Hyde presented plans for the proposed fire station, noting that thFse preliminary plans are for a buiIding slightly smaller than the 10,400 square Eoot structure authorized by the Council to be located on the. northwest corner of Tracy Avenue and the Crosstown Highway. It is proposed that bids be taken.in January. No action was taken. AUXILIARY POLICE RECOGNIZED. Police Officers who have been serving the Village of Edina on a volunteer basis, whereupon Councilman Johnson offered the following resolution and moved its adoption: Mr. Hyde presented a roster of current Reserve RESOLUTION OF APPRECIATION . .WHEREAS, the Edina Police Resem’e has grown in size to twelve active officers who serve .the Village in a purely .volunteer basis; and WHEREAS, the Edina Village Council appreciates deeply the unselfish and efficient services performed, by these officers; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council express its profound appreciation to this outstanding group of men and that appropriate copies of this resolution be presented to Ronald Craig, A1 Hines, Dennis Everson, Jack Witherby, ?Richard Moeding, James Selness ,. Mike Phillippi , Gerald Schoenecker, Robert Larson, William Meyers, Darrell Mulroy and Erwin Paulson. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. , PMLA PARK PUMP, PUMP HOUSE AND PARK SHELTER PLANS APPROVED.* MY, &y& presented plans, which have been approved by the Park Department, f0r.a pump, pump house and park shelter for Pamela Park. approval of the plans as submitted. .and carried. . &LA PROPERTY REZONING MATTER will be brought back to Council after more information has been received. Councilman Shaw then moved Motion was seconded by Councilman Courtney I SUBURBAN PUBLIC HEALTH NURSING SERVICE REPORT as of October 13, 1970, was ordered placed on file by motion of Councilman Courtney, seconded by Council- man Shaw and carried. s 11/16/70 HENNEPIN COUNTY LEAGUE OFPZDNTCIP LITIES T xc MMITTEE REPORT was acte I upon at the last meeting of the Hennepin County League. Mr. Kent Swanson was appointed to be an alternate representative to the Hennepin County League of Municipalities. As recommended by Mr. Hyde, ORDINANCE NO. 5-2 GRANTED SECOND READING. for Second Reading, whereupon Courtney offered the following ordinance for Second .= Reading and moved its adoption: Mr. Hyde presented Ordinance No, 5-2 ORDINANCE NO. 5-2 AN AMENDMENT TO ORDINANCE NO. 5-1 CHANGING THE NAME OF THE HUMAN RELATIONS COMMISSION TO HUMAN RIGHTS COMMISSION 0 8 TirIE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: ''Human Rights Commissiori?!. adoption and publication according to law. Motion for adoption of the ordinance'was seco rollcall there were fans?ayes and no nays a Section 1. Section 2. The name "Human Relations Commission" is hereby amended to This ordinance shall be in full force and effect upon its d y Councilman Shaw,and on . the ordinance ATTEST: t &eda, Mayor )L- 8. & Village Clerk ORDINUCE NO. 1231-1 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 1231-1 (No. 197-1 before 1970 codification) for First: Reading, whereupon Councilman Courtney offered the following ordinance for First Reading as fol- lows : ORDINANCE NO. 1231-1 (No. 197L1 in ordinance arrangement before 1970 codification) AN ORDINqNCE AMENDIhG*THE ORDINANCE REGULATING THE MUNICIPAL PARKING RAMP THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: is hereby amended to read as follows; vehicle in the municipal ramp located at the intersection of 50th Street and France Avenue for a period 'of more than two hours of 8 a.m. and 8 p.m.; pro- vided, however, that parking for a longer period is permitted in the case of vehicles identified by a sticker issued by the Village. be issued annually to persons who are regularly employed upon the premises cost of constructing the ramp, and who exhibit a special annual parking permit issued by the Village to their respective employers and reissued by the employer to 'the employee. The number of employees at each of such pre- mises who shall receive stickers shall be as follows:" passage and publication, Section 1. "Section 1, The first paragraph of Section 1 of Ordinance No. 1231 (197) No person shall park any I Hours of Parking in 'Ramp Limited. The stickers shall -which were speciallyassessed or are subject to special assessment to pay the See. 2.. This ordinance shall be in full force and effect upon its ORDINANCE NO. 801-2 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 801-2 (No. 263A-5 in ordinance arrangement before 1970 codification) for First Reading. 801-2 &or First Reading as follows: No objections being heard, Councilman Johnson offered Ordinance No. ORDINANCE NO. 801-2 (No. 26314-5 in ordinance arrangement before 1970 codification) AN ORDINANCE AMENDING ORDINANCE NO. 801 (263A) TO SECURE SUBDIVISION FINANCING AGREEMENT AM> OF THE VILLAGE BY -PROVIDING, FOR LETTER OF CREDIT FOR RECORI~ING OF -AGREEMENT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: read as follows: AExeemeriVS. In the case of plats situated within the Single Family Dwelling District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a sub- division financing agreement. filing the plat and the Village, shall obligate the Village to provide engin- eering services and construct the improvements, and obligate such person to Section 1. Section 7 of 0rdinance.No. 801 (263A) is hereby amended to 9ec. 7. Responsibility for Impiovements; Subdivision Financinq Such agreement, to be made between the person 11/16/70 3 '8' 1 pay to the Village the cost of such services and construction, through payment of special assessments, which shall be payable in three annual installments, provided, however, that the Village sha21 not be obligated to enter into such agreement if the developer does not file a bond or deposit cash in escrow as hereinafter described; or does not deliver a Letter of Credit as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating.. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessmep thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time.of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The bond herein required shall be given by the developer with a corp- oration approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financ- ing agreement not paid in cash by the developer or at the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. deposit in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvement costs, together with instruc- tions to the bank to pay the mosey to the Village to the extent of any default by the developer in the payment of the special assessments. tgThe Letter of Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat in lieu of such bond or cash escrow. shall be from a national-or state bank having an office in the Village, be . for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid. to the Village upon written demand from time to time of the Village to the extent of any default by the developer in the pay- ment of the special assessments.'' upon its passage and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. POLICE AND FIRE DEPARTMENT BENEFITS TO BE CONSIDERED. request from the Police Department, following - .. - a.State Police Association resolution which would make certain changes in the benefits of PERA Police and Fire pensions, primarily lowering the retirement age to 55, providing additional survivor and disability benefits. As recommended by Mr. Hyde, Councilman Johnson offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina Village Council request Senators Alf Bergerud and W. G. Kirchner and Prpresentatives Otto Bang and Ernest Lindstrom to co,nsider the request of the State Police Association which provides for addi- tional benefits for the Police and Fire Departments, with the provision that no changes be made unless an actuarial survey shows that there will be suffi- cient funds to cover additional costs. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four $yes and no nays and the resolutionwas adopted. . fTf the developer does not file such bond, he may in lieu thereof Such Letter of Credit, if accepted, Sec. 2. This ordinance shall be in full force and effect immediately Mr. Hyde presented a RESOLUTION 't JULY 11, 1949, MINUTES AMENDED AS PERTAIN TO ALLEY VACATION. Mr. Hyde presented a request for correction of a 1egal.description relating to the vacation of an alley between Abbott and Zeniih Avenues and between $1. 56th and I?. 57th Streets. tion and moved its adoption: BE IT RESOLVED by the Edina Village Council that. the legal description used in the Minutes of July 11, 1949, relative to the vacation of the alley between Abbott and Zenith Avenues and between W. 56th and 51. 57th Streets be amended to read as foll6ws: 'I Councilman Johnson then offered the following resolu- RE SOLUTION That certain alley running in a Northerly and Southerly direction and lying between the Westerly line of Loss One to Six, inclusive, Block Three, Harriet Lmn Addition and Lots 'One to Three, inclusive, Block Five, Brookline Addition, and the Easterly line of Lots Four to Seven, inclusive, Block 5, Brookline Addition and Lots Seven to Twelve inclusive, Block 3, Harriet Lawn Addition is hereby vacated. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. T.H. 100 DEPRESSION IN FRONTOF HIGH SCHOOL REQUESTED. Mr. Hyde advised Council that the School District, at its regular meeting of November 9, 1970, took affirmative action regarding the proposed changes in the elevation of T.H. 100 past the Senior High School. expenditure of approximately $12,000 (44.2% of the total estimated construction cost) for the cost of the storm sewer which would become necessary because of - such a depression.. Councilman Courtney thereupon offered the following resolu- tion and moved its adoption: The Board also authorized the necessary RESOLUTION mZAS. in order to reduce noise distraction, .Independent School District 273 I favors ;he depression of the grade of T.H. 100 an additional eleven feet from the elevation approved under Plan 8B; and TJREREAS, Independent School District 273 has indicated its willingness to be responsible for 44.2% of the cost of the storm sewer which would become neces- sary because of such a depression, in an amount of approximately $12,000; NOW, TIEREFORE, BE IT RESOLVED.that the Edina Village Council requests the Minnesota Highway Department to depress the grade of T.H. 100, as approved in Plan 8B, an additional eleven feet below the adjacent ground level in front of the Senior High School. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. * -- CZAIMS PAID. carried for payment of the following claims as per pre-list: General Fund, tion, Swim Pool, Golf Course and Arena, $54,941.19; Water Fund, $29,859.65; Liquor Fund, $85,029.01; Sewer Rental Fund, $2,580.70; Improvement Fund, $1,034,112.08; Poor Fund, $20.00; Total, $1,383,536.20; and for confirmation of payment of the following claims: Arena, Swim, Golf, $2,146.65; Water Fund, $4,206.46; Liquor Fund, $4,957.97; Total, $18,794.26. No further business appearing, Councilman Courtney's motion for adjournment was seconded by Councilman Johnson and carried. Motion of Councilman Courtney was seconded by Councilman Shaw and $31,733.91; Construction Fund, $145,259.66; Park, Park Sinking, Park Construc- / General Fund, $6,,483,18; Park, Park Const., Adjournment at 8:30 p.m. - -. r *- ._ .. *.. - . .4 I :#h43. dL.J=k? 7 * Village Clerk I. .. 12/7/70 1. to such easement area, or raise the level of the easement area,.in any way, but all such right to fill, grade,improve and develop, and to raise the level of the easement area, shall be granted by said easement to the Village." adoption and publication, and when effective shall be filed with the Office of the Register of Deeds, Hennepin County, Minnesota. Motion for adoption of the ordinance was sedonded by Councilman Shaw and on rollcall there were three ayes Section 2. This ordinance shall be in full force and effect upon its ATTEST: LL &An Q BL Village Clerk ORDINANCE NO. 801-2 (No. 263A-5 in ordinance arrangement before 1970 codifica- tion) GRANTED SECOBD READING. Mr.Hyde presented Ordinance No. 801-2 (No. 2638-5 before 1970 codification), noting that this .ordinance provides for a Letter of Credit in lieu of bond for subdivision financing. Shaw offered the following ordinance for Second Reading and moved its adoption: Councilman ORDINANCE NO. 801-2 (No. 263A-5 in ,ordinance arrangement before 1970 codification) . AN ORDINANCE AMENDING ORDINANCE NO. 801 (2638) OF THE VILLAGE BY PROVIDING FOR LETT6R OF CREDIT TO SECURE SUBDIVISION FINANCING AGREEMENT AND POR RECORDING OF AGREEMENT. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MI"ESOTA,ORDAINS: Section 1. read as follows: "Sec. 7. Responsibility for Improvements; Subdivision Financing Agree- ments, District, when preliminary approval has been given to such plats, the person who filed such plat shall cause all street, water and sewer impitovements re- quired by the resolution granting such approval to be completed, at his own expense and under the supervision of the Village's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a sub- division' financing agreement. Such agreement, to be made between the person filing the plat and the Village, shall obligate the Village to provide engin- eering services and construct the improvements, and obligate such person to pay to the Village the cost of such services' and construction, through pay- ment of special assessment's, which shall be payable in three annual install- ments, provided, however, that the Village shall not .be obligated to enter into such agreement if the. developer does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or if the Village Council determines that the Village must borrow money to pay its costs of construction under such agreement and such borrowing will jeopardize the Village's credit rating. Such agreement shall also provide that if the developer transfers any lot or parcel in the platted area while special assessments thereon remain unpaid, they will be paid or prepaid in full to the Village Treasurer or the County Treasurer. The agreement to pay special assessments at the time of transfer shall also be set forth in a separate agreement and recorded in the appropriate office at developer's expense to give notice to all future purchasers and owners. "The Bond herein required shall be given by the developer with a corporation approved by the Village Council as surety thereon, in the full amount of all costs of making the improvements specified in the subdivision financi'ng agreement not paid in cash by the developer before or at the time of entering into such agreement, and shall be given for the securing to the Village of the payment of the special assessments. in escrow in a national or state bank having an office in the Village cash in the full amount of the unpaid improvement costs, together with 'instructions to the bank to pay the money to the-village to the exyent of any default by the developer in. the ,payment of the special assessments. c'The Letter of Credit herein authorized shall be delivered by the developer only if the Village Council agrees to accept it for the specific plat in lieu of such bond or cash escrow. shall be from a national or state bank having an office in the Village, be for the full amount of the unpaid improvement costs, and contain provisions whereby funds will be paid to the Village upon written demand from time to time of the Village to the extent of any default by the developer in the pay- ment of the special assessments.'& upon its passage and publication, and when effect$,ve:shall be filed with the Section 7 of Ordinance No. ,801 (263A) ,is hereby amended to In the case of plats situated within the Single Family Dwelling "If the developer does not' file such bond, he'may in lieu thereof deposit Such Letter of Credit, if accepted, Sec. 2. This ordinance shall be in full force and effect immediately 12/7/70 Office of the Register of Deeds, Hennepin Cou Minnesota . Motion for adoption of the ordinance-was on rollcall there were three ayes and no ATTEST: 1 L&&&+ pJ- 0' Village Clerk SWLiRBAN HENNEPIN COUNTY RELIEF BOARD CONTRACT APPROVED. As recommended by Mr. Hyde, Councilman Courtney offered the following resolution renewing the contract between the Village and Suburban Hennepin County Relief Board for the year 1971 and moved its adoption: BE IT RESOLVED that the Contract heretofore submitted, signed and executed by,the Suburban Hennepin County Relief Board of the County of HeRRepin for and during the year 1970 fur the administration and supervision of poor relief in the Vil- lage of Edina be, and the same is hereby'accepted; approved, renewed and . . extended for and during the year 1971 with the same foEce and effect as though said original Contract, above described, were redated and resigned and executed as of the date hereof. Motion for adoption of the resolution was seconded by Councilman Shaw-and on rollcall there were three ayes and no nays and the resolution was adopted. LIQUOR DISPENSARY FUND as of October 31, 1970, was presented.by Mr. Dalen, reviewed and ordered placed on file by motion-'of Councilman Shaw, seconded by Councilman Courtney and carried. I RESOLUTION e GRANDVIEW LIQUOR STORE PURCHASE AGREEMENT AUTHORIZED. Nayor Bredesen advised that the Village has the opportunity to buy the Grandview Liquor Store for $130,000 and rkcommended entering into purchaFe agreement, subject to satis- factory survey, party wall agreement and mutual cross parking easement or agreement to be worked out by the Village Attorney. offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina Village Council that the Mayor and Clerk be auth- orized to enter into agreement for the acquisition of the Grandview Liquor Store in the amount of $3130,000 and to execute- deeds and other necessary easements, subject to satisfactory survey, party wall agreement and mutual cross parking easement or agreement. .. .. Notion for adoption of the resoluOion was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. - . Councilman Courtney then RESOLUTION I TREASURER'S REPORT as of October 31, 1970, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Council- man Courtney and carried. . STATE AID BOND.SALE AUTHORIZED. motion authorizing sale of $675,000 Municipal State-Aid Street Bonds to be pur- chased with Village funds was seconded by Councilman Shaw and carried. Courtney then offered the following resolution and moved its adoption: As recommended by Nr. Dalen, Councilman Coureney's Council- RESOLUTION AFJARDING SA&E, AUTHORIZING ISSUANCE AND ESTABLISHIhU: FORM &ID DETAILS OF $675,000 "ICIPAL STATE-AID STREET BONDS BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows: Under and pursuant to the provisions of Minnesota Statutes, Section 162.18, the Council is authorized to issue general obligation bonds of the Village 'for the purpose of providing funds for establishing, locating, reloc- ating, constructing, reconstructing and ibproving streets designated as munixipal state-aid streets, and to purchase such bonds for the account of any-one or more of its municipal funds, including debt redemption funds, provided such bonds shall mature in not exceeding five years from their respective dates of issue, in principal amounts not exceeding in any calendar year, with the principal amount of all other municipal state-aid street obligations maturing in such year, the total +amount of the last annual allot- ment preceding the bond issue, received by the Village fram the construction account in the municipal state-aid street fund of the State of Minnesota. For payment of a pprtion of the cost of various municipal state-aid projects which have been duly authorized and contracted to be constructed with approval of the State Highway Department as a part of the municipal state-aid sOseet system established by the Village and approved by'the Highway Department, it is necessary for the Village to borrow the principal sum of $675,000, the projects and unpaid cost thereof to the Village being as %allows: . 1.