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HomeMy WebLinkAbout19710405_regular3lINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COWCIL gLD AT VIUGE -HALL ON MONDAY, QRIL 5, 1971 .. Members answering rollcall were Councilmen Courtney, Shaw and Johnson who served as Mayor Pro Tem. , MINUTES of March 1 and 15, 1971, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. For the record Councilman Johnson noted that, while the Schaefer Road Storm Sewer Improve- Eent No. P-ST.S. 126 was abandoned at the meeting of March 15, the-possibility was noted that the improvement might come back for hearing of the proposed solution was not satisfactory. WATERMAIN IMPROVEMENT P-W-267 ABANDONED. by Clerk, approved as to form and ordered placed on file. total estimated construction cost at $11,037.56, proposed to be assessed against three lots at an estimated cost of $3,679.19 per assessable lot. that neighbors had asked that the improvement be abandoned, either in favor or in opposition to the improvexpent, whereupon Councilman Shaw's motion that the pr; ject be abandoned was seconded by Councilman Bhurtney and carried, Affidavits of Notice were presented Mr. Hyde presente'd He advised No persons spoke ORDINANCE NO. 811-A6 CONTINUED TO APRILT9, 1971, that "Notice of Public Hearing" had ngt been published, Councilman Shawls motion setthg April 19, 1971,.for First Reading of the ordinance was seconded - by Councilman Courtney and carried.- Being advised by the Clerk PARCEL 8405, Sec, 30, T. 28, R. 24 DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as,to_form and ordered placed on file. Luce presented the request for lot division of Parcel 8405, Sec. 30, T. 28, R. 24, noting that the petitioner, James R. Hanson occupies the house on the easterly portion of the property at 4444 Garrison Lane, and that Planning Commission and the staff have recommended approval, subject to granting of a lot area variance by the Board of Appeals. Mr. Hanson said that the pro- posed lot would have a 75 foot frontage and urged the division. being heard, Councilman Courtney offered the following resolution, subject to granting of the variance by the Board of Appeals and moved its adoption: WHEREAS, the following described property.is.at present a single tract of land: lJHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called lV?arcelstl) described as follows : Mr, No objections 4B RESOLUTION Parcel 8405, Section 30, Township 28, Ranie 24; and The Westerly 67.5 feet of Parcel 8405, Section 30, Township 28, Range 24; and Parcel 8405, Section 30, Township 28, Range 24, except the Westerly 67-5 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship- and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos, 811 and 801; NOV, THEREFORE, it is hereby resolved by the Village Council of 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. 811 and Ordinance No. 801 are hereby waived to allow said division and con- veyance thereof as separate tracts of land, but are not waived for any other purpose or as to any other prbvision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances, effective April 20, 1971, unless on or before said date this resolution is annulled, amended or rescinded by the Edina Village Council. Notion 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, NINE MILE NORTH GRANTED PRELIMINARY PLAT APPROVAL CONDITIONALLY. Affidavits oFNotice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Nine Mile North for preliminary plat approval, not- ing that since this plat had pfe'viously come to Council, B 20 foot strip had been added to conform to parking requirements . Councilman Johnson questioned how access would be obtained to Lot 2 from County Road 18 and was told by Mr. West that this would be provided by perpetual easements across the Cherne property or if Lincoln Drive is built along the plat. Councilman Shaw then 4/5 / 7.1 ' 1 t offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT OF i NINE MILE NORTH BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Nine Mile North",-platted by- Rauenhorst Corporation, and presented at the meetingl of the.Edina Village Council on May 5, 1971, be and is hereby granted preliminary approval with the under- standing that there is a perpetual'easement for roadway purposes from County Road 18 to Lot 2, Nine Mile North, Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. SMISEK ADDITION PRELIMINARY PLAT APPROVAL CONTINUED. Affidavits of Notice were presented by Clerk, approved as to form and ordere-d placed on file. Mr. Luce presented Smisek Addition for preliminary approval, subject to modifica- tion of the road alighment af the Southern portion of the plat and to the dedication of Outlot A for park and Zecreation purposes. As recommended by Mr . Erickson , Councilman- Courtney' s motion withholding @lelFrriinary approval until the Southwest Plan is approved was seconded by Councilman Shaw and carried. BRINWOODS ESTATES GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. presented Brinwoods Estates for preliminary approval as recommended by Plan- ning Commission, provided a sixty foot easement be granted for roadways rather than the fifty foot width indicated on the plat. Mr. Charles Alexander, owner and developer of the property agreed to the roadway easement as proposed by Mr. Luce, whereupon Councilman Courtney offered the following resolution and moved its adoption: Mr. Luce RESOLUTION APPROVING PRELIMINARY PLAT OF BRINWOODS ESTATES Bk IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Brinwoods Estates", platted by Charles Alexander and presented at the meeting of the Edina Village Council on April 5, 1971, be and is hereby granted preliminary approval, subject fo dedication of sixty foot roadway easements and to the dedication of a reasonable amount of park- lands or park funds, and that the following improvements shall be installed therein: street surfacing and curb. * 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. Councilman VanValkenburg entered the meeting at this point. ORDINANCE NO. 811-A8 GRANTED SECOND READING. Mr. Luce presented Oxdinance No. 811-A8 for Second Reading, advising that this ordinancehwould rezone the rear 75 feet of gats already zoned R-3 tovzonform with the R43 zonikgwhich exists on the front of the lots. Mr. Manuel Filreis, 5708 11. 70th Street, suggested withhold zoning change'until the Southwest Edina Plan was adopted. told by Eauncilman Johnson that this proposal would not make any substantial change, since it was.merely overlooked when the remainder of the property had been rezoned in 1964. Mrs. M. M. Aksoy, 5600 8, 70th Street, was told by Mr. Hyde that the general p&hern for zoning is that the Village cannot withhold zoning until specific plans are received fro any particular area, but that in the.planned unit developments of the Village after zoning is granted, plans must be brought to Planning Commission for approval before any building permits are issued. Mrs. Charlotte Burns, 5820 Dewey Hill Road, expressed concern that R-3 zoning would spread. Lanham Lane and Mrs. Burns that this extension of zoning of the remainder of the 1ots:would permit a much better building than could be constructed on the smaller portion of the lot. Councilman Shaw offered the following ordinance for Second Reading and moved its adoption: storm sewer, watermain, sanitary sewer, graveling and permanent . He was Councilman Johnson advised Mr. James Jundt, 7021 No further objections were heard, whereupon ORDINANCE NO. 811-A8 AN ORDINANCE AMENDING THE ZONIK€ ORDINANCE 1NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Village is amended by adding the following thereto: addition of the following properties : Section 1. "The extend of the Multipld Residence District is enlarged by the The West 75 feet of North 221.50 feet of East 308 feet of South 32 acres of Northwest Quarter of Northeast Quarter except road, Section 8, Township 116, Range 21, which is in subdistrict R-3." Paragraph 1 of Section 4 of Ordinance No. 811 of the 4/5/7 1 Section 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes and no ATTEST : Village Clerk OXDINANCE NO. 811-A.5) ADORTED AT SECOND READING. Mr. Luce presented Ordinance No. 811-A9 for Second Reading which provides for R-2 zoning on the Northeast corner of Oxford Avenue and 8. 52nd Street extended. whereupon Councilman Courtney offered Ordinance No. 811-A9 for Second Reading and moved its adoption as follows: No objections were heard, ’ ORDINANCE NO. 811-A9 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. “The extent of the Multiple Residence District is enlarged by the addi- That part of Lots 13, 14 and 15, lying Northeasterly of a line running from a point on West line of Lot 15 distant 20 feet North of Southwest corner of said Lqt 15, to a point on South line of Lot 13 distant 50 feet East of Southwest corner of said Lot 13, Block 7, Brookside Heights, Hennepin County, Minnesota, which is in subdistrict R-2.” Sec. 2, Paragraph 1 of Section 4 of Ordinance No. 811 of the Village is amended by adding the following thereto: tion of the following properties: This ordinance shall be in full force and effect:upon its passage and publication. Motion for adoption of the ordinance was s and on rollcall there were four ayes and n ATTEST : 25 - a/ Village Clerk MOTOR STREET VACATION CONTINUED TO APRIL 19, 1971. Affidav2ts of Notice were presented by Clerk, approved as $0 fonp-and ordered‘placed on file. recalled that the petition for vacation of a portion-qf Motor Street had come to Council previously and dropped because of objections from neighbors to the North, .the petitioner, Mr. Timothy Stone, has the title to the portion qf the street’ to be vacated. Mr. A. C. Eggert, 5107 I?. 44th Street, spolce in opposition to the vacation.- He noted that Mr. Waldo T. Mareck, 5101 I?. 44th Street, who is out of town, is also opposed to the vacation inasmuch as he had thought that at some time in the future a house could be built on the lot with access from NotorSkreet for a basement garage. ac3cetchsof the surrounding area and advised that the present mud road was detrimental to his property. thing except a lawn and that Mrs. Helen H. Washburn, 5135 Motor Street has said that she would have no objection to the vacation, provided that the portion of Motor Street in front of her home would be maintained by the Village as it has in the past. Bfr. Stone pointed out that the lots to the North already have access on two sides. In reply to a question of Councilman Johnson, Er. Stone said that at the time the petition was originally submitted, he would have been willing to convey half of the street-to Mr. Merrick, but that he had since paid $150 for title examination. problem with cars parking on the unimproved street and that she felt that this was dangerous €or her family. Stating that he did not know how the street could be vacated over the objections -of one of the abutting property owners, Councilman Johnson suggested that the matter be continued for two weeks in order that some compromise could be’worked out between Mr. Stone and Mr. Mareck. Councilman VanValkenburg’s motion continuing the matter to April 19, 1971, was then seconded by Councilman Shaw and carried., Mr. Hyde. Mr. Hyde referred to a letter from Mr. Erickson in which he states that Y Mr. Stone, 5131 Motor Street, presented He said that he has no interest in building any- Mrs. Stone added that they often have a PLAN LAYOUT NO. 17 APPROVED FOR T.H. 100 BETWEEN HIBISCUS AVENUE AND VALLEY VIEW ROAD. ary plan approval for T.H. 100 from Hibiscus Avenue to Valley View Road, recalling that an informal informational meeting had been conducted on March 29, 1971, at Mr, Hyde presented State Highway Department Layout #17 for prelimin- 4/5/,7 1 which various ideas for revision of the proposed plan had been reviewed. Mr. Hyde referred to a map showing six lanes of limited access and noted that the basic change in Layout 17 provides that the Service Roads from I?. 66th Street to W. 70th Street are fqr one-way traffic only, with North-bound traffic on the East side and South-bound traffic on the West side of the highway. Mr. Hosmer Brown complained that he is the owner of 125,000 square feet of pro- perty on the Northwest quadrant of Normandale Road and w. 70th Street and that his land will be bordered on three sides by the highway-and by highway ramps. Mr. Charles Madden, 6800 Normandale Road, said that he believes that this plan should be approved since it retains as much value of homes as pos- sible. Mr, William Crawford, representing the State Highway Department, said that the State had agreed to Cake aomplete parcels, rather than acquiring just portions of lots, Foster would have his choice of having all or a portion of his lot taken. Mr. Robert Arend, 6604 West Shore Drive, expressed concern of the Woodhill Association about the way cars would be detoured during constmucti6n of the highway. He was told by Mr. Crawford that traffic would be carried on by a by-pass in the corridor. Mr. Carl S, Dienst, 5204 Grove Street, and Mr.. John Telfer, 5717 Hawlces Drive, said that the Nine Mile Creek Citizens Committee was concerned with the possible relocation of Nine Mile Creek. Mr. Hyde advised that this matter had been approved by the Nine Mile Creek IJatershed District in connection with the development of the area south of W. 70th Street and west of T.'H. 100 and that the ecological impact had not been over- looked. Mr. Crawford added that the State works with state agencies that are interested in ecological problems. During discussion of access to Normandale Lutheran Church, Mr. Hyde said that there is a possibility that some time in the future a bridge would be needed over the Crosstown Highway, east of T,H. 100. written opposing the plan. this plan appears to do the least harm to the greatest number of people than any of the other proposals. he wanted to go on record that not everyone on the West side is in favor of the proposed plan. and not as "Occupant". the property at 6521 Nomandale Road had asked to have his house taken, Councilman Johnson complimented the State Highway Department for developing this plan, whereupon Councilman VanValkenburg offered the following resolution granting preliminary approval to Plan 17 and, moved its adoption: WHEREAS, the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway Number 130 renumbered as Trunk-Highway Number 100 within the corporate limits of the Village of Edina from Hibiscus Avenue to Valley View Road; and WHEREAS, said preliminary plans are on file in the office of the Department of Highways, St. Paul, Minnesota, being marked, labeled and identified as Layout and Profile No. 17, S.P. 2733-25 (T.H. 100-130) from Hibiscus Avenue to ' Valley View Road; and WHEREAS, copies of said preliminary plans are so marked, labeled and identi- fied are also on file in the office of the Village Clerk; and WHEREAS, the term "said preliminary plans" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and to incor- porate.the preliminary plans as in the foregoing recitals particularly identi- fied and described; NOW, THZREFORE, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 130, renumbered Trunk Highway Number 100,. within the limits of the Village of Edina be and are hereby approved. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and ,the resolution mas adopted. Councilman VanValkenburg left the meeting at this point. He told Mr. R, S. Foster, 5125 Abercrombie Drive that Mr. Mr. Burch Bell, 6620 Normandale Road, referred to a letter which he had HA was told by Councilmen i3ohnson and Shaw that Mr. Leonard Mrachek, 5000 Dugan Plaza, said that He added that he wants his mail addressed to him personally Mr. Hyde pointed' out for the record that the owner of RESOLUTION T.H. 100 PLANS FROMWILLSON ROAD TO VALLEY VIEW ROAD APPROVED. Mr. Hyde advised Council that a request had been received from the Minnesota Highway Department for the adoption of a resolution. by the Village Council concern- ing its willingness to include the cooperative construction items in the' project such as curb and gutter, frontage road widening at Edina High School, storm sewer and, if desired, sanitary sewer relocation,.wateir relocation and additional concrete sidewalk. This resolution is a preliminary to,the preparation of cost sharing agreements that will be submitted for Council approval at a later date,. just previous to the award of construction contracts. Non-recoverable costs to the Village are estimated at $286,115 with estimated cost of sanitary sewer relocation being given at $66,650 and watermain reloca- tion being given at $121,965. Following considerable discussion, Councilman Shaw offered the folldbing resolution and moved its adoption: 4/5/71 RESOLUTION WHEREAS, the State of Minnesota Department.of Highways, proposes to make certain improvements Village of-Edina in Hennepin County, from Valley View Road to Willson Road; and at Edina High School and storm sewer; Nm, TEIEREFORE, BE IT RESOLVED tha'i folrowing approval by the Minnesota Department of Highways of plans and ppecifications for said imprcsvements of said trunk highway and before a contract is awarded for the construction of said improvements, the Village of Edina shall enter into an agreementwith the State of Minnesota which shall provide that the Village of Edina shall pay its share of the cost of the improvements as determined by the State of Minnesota in keeping with its latest edition of Minnesota Highway Department Directive - Basic Policies and Procedures, Cooperative Construction Projects .with Nunicipal- ities (a copy of which has been received from the Minnesota Highway Department's District Engineer) and, tEat if the State lets the construction contxact, the municipality will deposit with the Stake upon demand, after the execution of the agreement and before the star: of construction, a sum equal to an estimate provided, however, that the faregoing resolution by the Village Council does not and shall not expressly or impliedly create any agreement that the Village shall pay all or any part of any costs of the higlway improvement or utility relocation in connection therewith, nor obligate the ViLlageato enter into any agreement to so pay. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. UTILITY TYPE VAN PURCHASE AUTHORIZED. had been received for a Utility Type Van to be used by the Engineering Depart- ment, which bid was from Brillenthin Hopkins Dodge in the amount of $3,051.70. -Councilman Shaw's motion authorizing purchase of the van was seconded by Councilman Courtney and carried. BRAEMAR CLUB HOUSE AND PRO SHOP CmET*ACQUISITION AUTHORIZED, sented tabulation of bids for carpeting for Braemar Club House and Pro Shop. Following some discussion, Councilman Courtney' s motion awarding bid forcarpet Depot for "Densi Tee" carpeting at $2,162.00 was seconded by Councilman Shaw and carried. on a portian of Trunk Highway No, 100 located in the . WHEREAS, such improvements include 'curb and gutter, frontage road widening r I . of the V5llage's share as prepared by the Minnesota Department of Highways, Mr. Hyde advised that only one bid Nr.' Hyde prey JA~ H, WINDSOR COM+LAINT RELATIVE TO EDENBROOK AREA ACCESS REFZRRED TO MR. - DU". Mr. Hyde referred to a 1ett.er from Mr. Jay H. Windsor, 5112 Millpond Place, complainingathat his area was completely isolated by a train on the crossing at V. 49th Street beixeen 3:25 p.m. and 4:OO p.m. on March 14. Mr. Hyde recalled that Mr. Dunn had met with residents in the area-and was work- ing on a solution to the problem. matter to Mr. Dunn was seconded by Councilmth Courtney and carried. Councilman Shaw's motion referring the PETITIONS RECEIVED. for Brinwoods Estate to the Engineering Department for processing was seconded by Councilman Courtney and carlried: Storm Sewer, Watermain, Sanitary Sewer, Graveling, and Permanent Street Surfacing-and Curb. 5;H. 494 AND FRANCE AlEXLk CUIVERhAF REQUEST ACKNOWLEDGED BY STATE HIGHWAY -DEPARTMENT. Mr. Hyde called Council's attention to a letter from the State Highway Departmene acknowledging receipt of the resolution adopted by Council on March 1, 1971, relative to a proposed cloverleaf at T.H, 494 and France ' *Avenue. Council was advised that a Task Force, including representatives of the Minnesota Highway Department, the Metropolitan Council, Edina, Blooming- ton, Richfield and Hennepin County has been set up to study the transporea- tion peroblems sfor the area bounded by 11. Bush Lake Road, Lyndale Avenues C.S.A.H. 62 and C.S.A.H. 1 (98th Street). .No action was taken. Councilman Shaw's motion referring the following petitions GRETCHEN ALDEN PARK PLANS AND SPECIFICATIONS FOR WASTE DISPOSAL FACILITIES %- APPROVED BY MINNESOTA POLLUTION CONTROL AGENCY. lir. Hyde advised Council that the State Pollution Control Agency had approved plans and specifications of the Village of Edina for the Gretchen Alden Park iron removal plant. action was taken. No NORTHERN STATES POWER AGREEMENT APPROVED. Mr. Hyde pkesented a continuation, of the existing agreement with Northern States Power Company for water pump- ing sezeu.ire, whereupon Councilman Shaw offered 'the 'following resolution and 4/5/71 moved its adoption: BE IT RESOLVED that the Edina Village Council approve the continuance of the written Agreement- dated November 27, 1961, between the Village of Edina and Northern States Power Company for water pumping service. Hotion'for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were tihreeayes and no nays and the resolution was adopted. KREMER CORPORATION ZONING REQUEST HEARING DATE CONTINUED. As recommended by Mr. Luce, Councilman Courtney's motion was .seconded by Councilman Shaw and carried continuing the setting of hearing date for zoning change for the Kremer Corporation property to April 19, 1971. HEBNEPIN 'COUNTY LIBRARY TAX EXEMPTION DISCUSSED. 8 Mr. Hyde called Council's attention to a letter from the Village Attorney relative to the recently acquired tract of land in the vicinity of W. 70th Street and York Avenue by the County Board of Commissioners. It was noted'that only a portion of the land is presently intended to be used for a Regional Library, with the balance to be used at some future and undetermined date for a County Service Center. As recommended by Mr. Erickson, it was informally agreed that the vacant land should be taxed-and that the Board of County Comissioners should be so advised. RESOLUTION I ,. ! i , I i ! MUD LAKE NATURALIST STUriY AUTHOECEZED; HYDRUALIC STUDY REQUESTED. Mr. Rosland presented to Coucil the revised Mud Lake concept as prepared by Brauer & Associates. This concept indicated that the Mud Lake area should be turned into a "preserve", rather than a full size lake as originally planned. Rosland stated that a naturalist study and hydrology study are needed to see if this proposal is feasible. Council approve expenditure of $2,500 for the naturalist: study and that the Nine Mile Cregk Watershed Board be rFquested to conduct the hfdraulic study. Following some discussion,, Councilman CouLtney ' s mgtion a@prov_ipg ekpgnditure of $2,500 for the naturalist study and requesting the Nine Mile Creek Water- shed Board to conduct the hydraulic sttldy was seconded by Councilman Shaw and carried. Mr. The Park Board had re,commended thatethe METROPOLITAN SECTION LEGISLATIVE DINNER planned at the Richfield American Legion Hall on April 15, 1971 at 5:30 p.m. to allay mu-nicipal officials an .opportunity to get together with Metropolitan Area legislators and share their thoughts on subjects of mutual concern.' FISCAL DISPARITIES MEETING Gill :be held on. April 17, 1971, at 9:00 a.m. at the University of Minne,sota gor'afscnssion o.f solving major tax issues. . HOUSE FILE 1008 OPPOSED. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION OPPOSING HOUSE FILE 1008 6WHEREAS, House File 1008 would. provide for licensing 'of privately operated I federal grants; and home medical care organizations so that they would be eligible for state and WHEREAS: public medical care services are organized on a comprehensive pro- fesSiona1 basis; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of E'dina that there is no need for legislative aceion similar to House File 1008. Motion for adoption of the resolution was seconded by Councilman Courtney and 'carried. SENATE FILE 1204 OPPOSED. and moved its adoption: WHEREAS, Senate File 1204 would freeze property tax levies by municipalities, schools and other political subdiyisions at present dollar amounts; and IJHEREAS, with many municipalities? particularly those in the metropolitan area, still experiencing population growth, a ceiling on dollar amount of levies is Completely unworkable and would create considerable confusion in the preparation of municipal budgets because of cost of living increases and inflationary trends; NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council that the '1971 ' Minnesota Legislature give serious consideration to providing for population increase, assessed valuation growth and cost of living index trends in any tax limitation legislation. Motion for adoption of the resolution was seconded by Councilman Shaw and carried. I Councilman Courtney offered the following resolution * RESOLUTION OPPOSING SENATE FILE 1204 '1970 CENSUS BASIS FOR CIGARETTE AND LIQUOR TAX DISTRIBUTION URGED. Council- man Courtney offered the following resolution and moved its adoption: 4/5/71 RESOLUTION WHEREAS, a number of state taxes are shared with local government units on the basis of population, to wit: Highway user tax, sales tax and cigarette and liquor tax; and WHEREAS, the use of 1970 census figures in the distribution of said taxes for calendar year 1971was of substantial importance and concern to fast-growing municipalities of the State of Minnesota; and l.MEREAS, after due investigation and inquiry of the various state agencies, responsible for the distribution of said taxes, including the Governor's Office as to the estimated time for certification of the 1970 census, Village budget revenue estimates were based on the use of the 1970 census rather than the 1960 census; and VHZREAS, highway user taxes and sales taxes are in fact being distributed on the basis of said 1970 census;'and WHEREAS, the first half of cigarette and liquor tax apportionment has in fact been distributed on the basis of the 1960 census, contrary to the previous understandings received, thus creating an inequitable situation whereby certain municipalities received more than their equitable share and numerous'other municipalities have received less than their equitable share; Nm, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the State Legislature be hereby requested to provide for the distribu- .tion of cigarette and liquor taxes to local governments during the calendar year1971 on the basis of the 1970 census'and authorize and direct the State Auditor to distribute the second half revenues in such a way as to compensate for the inequities created through the distribution of the first half apportionment on the basis of the 1960 census. Motion for.adopt5.on of the resolution was seconded by Councilman Shawrand carried . BIDS AUTHORIZED FOR NUMEROUS IMPROVEMENTS, man Shaw offered the Fo€bwtng resolution and moved its adoption: As recommended by Mr, 'Dunn, Counail- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERXISEMENT FOR BIDS FOR SANITARY'SEWER NOS. SS-284 & SS-295 LIFT STATION NO. LS-7 WATER MAIN - WALNUT RIDGE PARK WATER MAIN 1 PAMELA PARK WATERMAIN NOS. "M-259, I@1&260, IJM-261, IJM-262, W-263 & P-WM-267 I STORM SEWER NO. ST,S.-125 *. GRADING NO. C-109- PERMANENT ' STRE&T SURFACING NO . A-17 1 PERMANENT STREET SURFACkNG ANp CONCRETE CURB & GUTTER NOS. BA-176, BA-178 AND BA-179 CONCRETE REPLACEMENT BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the Village Eng- ineer and now on file in the office of the Village Clerk are hereby aeproved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for improvements: The plans and specifications for the proposed improvements set forth in the (Official Publication) .VILLAGE OF EDINA HENNEPIN COUNTY, MXNESOTA ADVERTISEMENT FOR BIDS FOR SANITARY SEWER NOS. $S-294 & SS-295 LIFT STATXOS'NO. LS-7 WATER MAIN - 14ALNUT RIDGE PARK WATER MAIN - PAMELA PARK STQRM SEPlER NO. ST.S.-125 GRADING NO. C-109 WATER >%IN HOS, NE-259; VM-260, IM-261, WM-262, WM-263 & P-IJM-267 PERIlANENT STREET SURFACING NO. A-171 PERMANENT STREET SURFACING -AND CONCRETE CURB & GUTTER .. NOS, BE-176, BA-178 AND BA-179 CONCRETE REPLACEMENT SEALED BITIS will be received and open6d in the Council Chambers in the Edina Village Hall, 4801W. 50th Street, at 11:OO a.m., Friday, April 16, 1971, and the Edina Village Council will meet at 7:OO porn., Nonday, April 16, 1971, to consider said bids for the construction of Sanitary Sewers, Lift Station, Water Mains, Storm Sewer, Grading, Permanent Street Surfacing and Concrete Curb and Gutter and Concrete Replacement. The following are approximate quantities of major items: . I .. 4/5/71 1,120, L/F 9'' V.C.P. Sewer Pipe 6 Standare Manholes 1 Factory Built Lift Station 980 L/F 4" D.I.. Force Main L/F 6? D.I. Water Main L/F 8"' D.I. Water Main L/F 12" D.I. Water Main 8 Standard Fire Hydrants 2,900 1,100 850 165 L/F 33" R.C.P. Storm Sewer 105 L/F 48'' Deformed C.M.P. Storm Sewer 655 L/F 24", 21", 18", 12" C.M.P. or R.C.P. Storm Sewer 4 Type "Brt Catch Basins 8 Type "C: Catch Basins 6,100 C/YXommon Excavation 25,000 C/Y Muck Excavation 30,800 C/Y Granular Borrow 5,560 Ton Class 5 Gravel 2,590 Ton Class 3 Gravel 2,000 .JI/F Mountable Concrete Curb and Gutter 1,500 S/Y Sod . 11,400 S/Y '2" Bituminous Surfacing a 970 S/Y 8#' Non-Reinforced Concrete Paving Work must be done as described in plans and specifications on file in the office of the Village Clerk. $25.00 (by check). specifications with a bona fide bid. and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. % Plans and specifications are available for a deposit of No bids will be considered unless sealed Said deposit to be returned upon return of the plans and Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were threeayes and no nays and the resolution was adopted. ORDINANCE NO. 801-A5 ADOPTED ON SECOND READING. As recommended by Mr. Hyde, Councilman Shaw offered the following resolution and moved its adoption: ORDINANCE NO. 801-A5 AN ORDINANCE AMENDING ORDINANCE NO. 801 OJ? TBE UIUE BY PROVIDING FOR VARIANCES THE VILLAGE COUNCIL OFL'THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. "If a variance from the application of the regulations of this ordinance Section 6 of Ordinance No.-801, as amended, is further amended by adding thereto an additional paragraph reading as follows: was requested by the owner or his agent, the Commission may in its report recommend granting such variances in whole or in part, but only upon a general finding that an unusual hardship on the land exists and a specific finding that (a) (b) (c) (d) (e) the hardship is not a mere ,inconvenience, the hardship is caused by the particular physical surroundings, the condition or conditions upon which the request for a variance the hardship is caused by this ordinance and not by any persons the granting of the variance will not be substantially detrimental shape or topographical conditions of the iland included in the plat, is based are unique and not generally applicable to other property, presently having an interest ,in the land, and to the public welfare or to other land or improvements in the neighborhood of the land." cation, and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. Motion for adoption of the ardinanCe was seconded by Councilman Courtney and on rollcall there were firee-yyes and no Sec. 2. This ordinance shall become effective upon its passage and publi- . ATTEST : Mayorfir/ Tem . R/ AL & Village Clerk L.= HENNEPIN corn: JUSTICE INFORMATION SYSTEM PARTICIPATION APPROVED. AS recom- mended by Police Chief Bennett, Councilman CourCney offered the following resolu- tion and moved its adoption: t 4/5/7 1 RESOLUTION' * .lJHEREAS, the rate of crime continues to rise,each year in the Village of Edina and the other jurisdictions of Hennepin County; and difficult to obtain; and lEIERGAS, the Governor's Commission on Crime Prebention and Control has given _. high priority to the matters of information, cbmmunications and inter-agency cooperation; and WHEREAS, several criminal justice agencies rep2esenting all levels of local governments and all components of the' criminal justice system within Hennepin County have met and' developed' a' plan for the creation of a criminal justice infomation system; and WEEREAS, an application fbr LEU funds has been prepared for submission to the Governor's Commission on Crime Prevention and Control for assistance in the creation of the criminal justice information system; NOW, THEREFORE, BE IT RESOLVED that the Village Council of Edina gives approval to .the concept of a criminal justice information. system for the' criminal justice agencies within Hennepin County; and BE IT FURTHER RESOLVED that the Village Manager be directed to provide the participation required. for research, planning and development as the Village's share in the development process. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were ikee ayes and no nays and the resolution was adopted. . f*lHEREAS, the resources to encounter the increasing crime rate are becoming more .. I - RESOLUTIONS ESTABLISHING IIUMCXPAL STATE AID HIGHZJAYS ADOPTED As recommended by Mr. Dunn, Councilman Shaw offered the following resolutions .and moved their adoption : - RESOLUTION ESTABLISHING MUNICIPAL S!J!ATE AID HIGB?AYS IJfFEREAS, it appears t? the Village Council of the Village of Edina that the street hereinafter described sgould be de'signated a Municipal State .Aid Street under'the provisions of Minnesota Laws of 1959, Chapter 500; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina of the County of Hennepin that the roads described as follows, to wit: * be , and hereby, are established, located and designated a Municipal' State Ai'd Streets'of said Village, subject to the approval of the connpissioner of Highways for his consideration, and that upon his approval of the designation of said road or podion thereof, that same be constructed, improved and maintained as Municipal State Aid Streets of the Villige of Edina, to be numbered and known as Municipal State Aid Streets 20-162. W. 49% Street from.'Halifax Lane to proposed New Library Lane; and Proposed New Library Lane fro W. 49% Street to W. 50th Street RESOLUTION ESTABLISHING "ICIPAL STATE AID HIGHWAYS VHEdS-, it appears to the Village Council of the Village of Edifia that the street hereinafter described should be designated a Municipal State Aid Street 'under the prdvisions of Biinnesota Laws of 1959, Chapter 500: NOW, THEREFORE, BE IT RESOLVED .by the Village Council of Edina' of- the County of Hennepin that,the road described as follows, to-wit: be, and hereby is established, located, and designated a Municipal State Aid Street of said Village, subject to the approval of the Commissioner of Highways of the State of Ninnesota; and BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and directed to forward two certified copies of this resolutioxi to the Commissioner'of Highways for his consideration, and that upon his approval of ,the designation of said road or portion thereof, that same be constructed, improved and main- tained as a Municipal State Aid Street of the Village of Edina, to be numbered -and known as Municipal State Aid Street 20-161. Lincoln Drive from Dominick Road Interchange to Maloney Ave. '- RESOLUTION ESTAfiLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to the Village Council of the Village of Edina that the street hereinafter described shduld be designated a Municipal State Aid Street under tye provisions of Minnesota Laws of .1959, Chapter 500: NCN, THEREFORE, BE IT RESOLVED by the Village Council of Edina of the County of Hennepin that the road described as follows; to-wit: be and hereby is established, located, and designated a Nunicipal State Aid Street of said Village, subject to the approval of the Commissioner of Highways of the State of Minnesota; and BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and directed to forward two certified copies of this resdlution'to the Commissioner of High- ways for his konsideration and that upon his approval of the designation of - . Nest 76th Street from York Avenue to Xerxes Avenue 4/5/71 said road or portion thereof,. that same be constructed, improved and main- tained as a Municipal State Aid Street of the Village of Edina, to be numbered and known'as Municipal State Aid Street 20-136-04 RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGHWAYS WHEREAS, it appears to'the Village Council of the Village of Edina that the street hereinafter described should be 'designated a Municipal State Aid Street under the provisions of Minnesota Laws of 1959, Chapter 500; "ON, THEREFORE, BE IT RESOLVED'by the Village Council of Edina of the County of Hennepin that the road described as follows,$ to-Wit: ' be, and hereby is established, located, and designated a Municipal State Aid Street of said Village, subject to the approval of the Commissioner of High- ways of the. State of Minnesota; and BE.IT FURTHER RESOLVED that the Village Clerk is hereby author,ized and directed to forward two certified copies of this resolution to the Commissioner of Highways for his consideration, and that upon his approval of the designation of said road or portion thereof, that same be constructed, improved and main- tained as a Municipal State Aid Screet of the Village of Edina, to be numbered and known as Municipal State Aid Street 20-160. Motion for 'adoption of the above resolutions was seconded by Councilman Courtney and on rollcall there were three ayes and no.na)rs and the resolutions were adopted . W. 78th Street from Cahill Road to South Village Limits '1.IzTNICIPAL STATE AID HIGHWAYS REVkED. ing resolutions as recommended by Mr.. Dunn and moved theircIaddpGion: WHEREAS, it appears to the Village Council of the Village of Edina that the road hereinafter described s-hadd be revoked as a Municipal State Aid Street under the provisions: of Minnesota Laws: NO!?, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that that road described as follows, to-wit: ' Mirror Lakes Drive from Interlachen Blvd. to County Road 158 (S.A. be and hereby is, revoked as a Municipal State Aid Street of said Village subject to the approval of the Commissioner of Highways of the State of Minnesota; and BE IT FURTHER RESOLVED that the Village Clerlc is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of High- ways for his consideration, Councilman Courtney offered #the follow- RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAY 20-149) RESOLUTION REVOKING MUNICIPAL STATE AID HIGHWAY WHEREAS, it appears to the Village Council of the Village of Edina that the road hereinafter'described'should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws; NOJ?, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the road described as follows, to-wit: be and is hereby revoked as a Municipal State Aid Street of said Village subject to the approval of the Commissioner of Highways of the State of Minne- sota; and .BE IT FURTHER RESOLVED thatathe Village Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner ofq Highways for his consideration. Motion-for adoption of the resolutions was seconded.by Councilman Shaw and on rollcall there were three ayes and no nays and the resolutions were adopted. FIGURE SKATING HONORS AWARDED. As recommended by Mr. Rosland, Councilman Courtney offered the following resolution and moved its adoption: FJHEREAS, Ted Engelking has won the 1971 Upper Great Lakes Junior Men's Figure Skating Championship held in Milwaukee, Wisconsin; and WHEREAS, Ted Engelking has placed third in the-1971 Midwestern Figure Skating Championships for Junior Men at Rockton, Illinois; and WHEREAS, Ten Engelking placed eighth in the 1971 United Figure Skating Champ- ionship for Junior Men at Buffalo, New York; NW, THEREFORE, BE IT RESOLVED that the Mayor and Village Council, in behalf of the citizenry as a whole, express sincere congratulations to TED ENGELKING for his outstanding ability as a figure skater; and BE IT FURTHER RESOLVED that this resolution be'spread upon the Minutes of the Edina Village Council of April 5, 1971, and that a suitable copy of this resolution be pres6nted'to Ted Enge1king.h recognition of h5s praiseworthy success in figure skating competitions. Motion for adoption of the resolution was seconded by Councilman Shaw and carried. Wooddale Avenue from I?, 44th Street to 14. 50th Street (S.A. 20-150-05) RESOLUTION 4/5/71 BETSY HOBSON CONGMTULATED FOR'FIGURE SKATING HONORS, Rosland, Councilman Shaw offered the following resolution and moved its adoption : As recommended by Mr. RESOLUTION WHEREAS, Betsy Hobson has placed second in the 1970 St.'Paul Invitational Free Skating championships for NoQice Ladies; and WiEREAS, Betsy Hobson won both the 1971 Upper Great Lakes Novice Ladies Figure Skating Championship at: Milwaukee, T?isconsin and the 1971 Midwestern Novsce Ladies Figure Skating Championships for Novice Ladies in Buffato, New'York; lM!3REAS, Betsy Hobson placed sixth in the 1971 United States Figure Skating Championships for Novice Ladies at Buffalo,' New Ydrlc; and 18- , Be- Hobsoz psssed theZ~ourth;-ana"fIi~rd,' sectZ6ns of 'the 'Infernational Skating Union Figure Tests toward a gold medal; NCW, THEREFORE, BE IT RESOLVEI) that the Mayor and Village Council, in behalf- of the citizenry as a whole, express sincere congratulations to BETSY HOBSON, for her outstanding ability as a figure skater; and BE IT.FURTHER RESOLVED that this resolution be spread upon the minutes of the Edina Village Council of April 5, 1971, and that a suitable copy of this reso- lution be presented to Betsy Hobson in recogni'tion of her praiseworthy success in figure skating competition. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. PAULA LARSON CON&&ED FOR FIGURE SUTINd HONORS, land, CounciIman Courtney offered the following resolution and moved its adoption: I ' and *. I As recommended by Mr. Ros- RESOLUTION WHEREAS, Paula Larson has won the 1970,St. Paul Invitational Junior Ladies Free Skating Championship; and . I.7HEREAS, Paula Larson placed second in both the 1971 Upper Great Lakes Figure Skating Championships for Junior hdies at Milwaukee, IJisconsin and in the . 1971 adwestern Figure Skating Championships for Junior Ladies at Rockton, Illinois; and WHEREAS, Paula Larson has placed eighth in the 1971 United States Figure Skat- ing Championships for Junior Ladies at Buffalo, New York; and NHEREAS, Paula'Larson passed the fourth and third sections of the International Skating Union Figure Tests toward a gold medal; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Council; in behalf of the eitizenry as a whole, express sincere congrahiations to PAULA LARSON for her outstanding ability as a figure skater; and BE IT FURTHER RESOLVED that this resolution be spread upon the minutes of the Edina Village Council of April 5, 1971, and that a suitable copy of this resolu- tion be presented to Paula Larson in recognition of her praisworthy'success in figure skating competition, Motion for adoption of the resolution was seconded by Councilman Shaw and carried. STEEL SXGN POST PURCHASE AUTHORIZED. Tabulation of three bidders submitted to Hennepin County Purchasing Departmept far.ste81 sign posts.showed Gopher Stamp & Die Co. low bidder at $22,215.50, Lyle Signs, Inc. and Paper, Calmenson & Company. high bidder at $26,512 -50. motion for award to recommended low bidder was-seconded by Councilman Courtney and carried. T&XSWE'S REPORT AS OF FEBRUARY. 28, 1971, was presented, revi-ewed, and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. I at $22,786.25 Councilman Shaw' s LIQUOR LIABILITY INSURANCE APPROVED. Shaw's motion.that Employers of Wausau write liquor liability coverage with .a premium of approximately $250.00 annually was seconded by Councilman Courtney and carried, defense, NINE MILE CREEK BRIDGE ON GUON ROAD STONE WORK AUTHORIZED. ;As recommended by Mr, Dunn, Councilman Courtney's motion authorizing expenditure of $1,350 for stone work for the Nine Mile Creek Bridge on Gleason Road was seconded by Councilman Shaw and carried, BRAEMAR PARK TENNIS COURT LAM) DEVELOPMENT AUTHORIZED, that informal bids had been taken for preparation.of land in the Northeast segment of Braemar Park near Gleason Road for a tennis court, motion authorizing expenditure up to $2,000 for land preparation by low bidder, As recommended by Mr . Dalen, Councilman I The policy will have a $10,000 deductible but with first-dollar The award was made subject to sales audit. Mr, Hyde advised Council Councilman Shaw's 4/5/71 J. A. Danens & Son, was seconded by Councilman Courtney and carried. ROBERT HEUERJXHS COMPLAINT OF TAX INCREASE NOTED, Councilman Johnson noted for the record the leeter of -Mr. Robert E. Helmerich complaining of the increase of $153.00 in his taxes. Mr. Hyde advised that the letter had been answered. CLAIMS PAID. Motiop of Councilman Courtney was seconded by Councilman, Shaw and carried for payment of the following claims as per Pre-List: General Fund, $51,113.86; Construction Fund, $5,482.95; Swimming, Gun Club, Arena, $24,810.62; Water Fund, $5,131.92; Liquor Fund, $21,514.06; Sewer Fund, $9,645.97; Improvements, $202.44; Total, $117,901.82; and for confirma- tion of payment oftrhe following claims: General Funds, $3,893.35; Cons- truction Fund, $1,174.10; Park, Park Construction, Golf, Arena, Swimming, Gun Club, $1,385.07; Water Fund, $2,341.12; Liquor Fund, $40,989.80; Sewer Fund, $59.85; Total, $49,843.29. ' The agenda's business having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Shaw and carried. $:SO p.m. Adjournment at I. C] I Village Clerk .. .. .. 0