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HomeMy WebLinkAbout19711115_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON ' MONDAY, NOVEMBER 15, 1971, Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. MINUTES of October 18, 1971, were approved as cokrected by motion of Council- man Shaw, seconded by Councilman Courtney and carried. Councilman Shawls. correction was that the Notice of Hearing for SS-288, ST.S.-122 and WM-250 should have read "Assessments will be paj?able in three equal installments over a period of three years". EDINA HIGH SCHOOL ATJ3LETIC TEAMS CONGRATULATED. the following resolutions and moved their adoption: . Councilman Courtney offered J RESOLUTION WHEREAS, during the 1971 season, the Edina High School Vavsity Football Team, under the able-direction.of Coach Stav Canakes, has won the bake Conference Football Championship, with a commendable record of ten wins and no losses; and WHEREAS, the 1971 Edina'High School Varsity Football Team was rated second in the State of Minnesota by the Mirineapolis Tribune and was named Minnesota State ,Cha&pions by the St. Paul Pioneer-Press; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Council of the Village of Edina that the accomplishments of the 1971 Edina High School Varsity Foot:' ball Team deserve sincere congratulations for. a most successful season and for the excellent manner in which 'the team has conducted' itself; and BE IT FURTHER RESOLVED that this resolution be" spread upon the Minutes of the Edina Village Council of November 15, 1931, and that appropriate copies of, this resolution be presented to Co-Captains Terry Bishop and Pete Yandh and to Terry Sahlsteen, John' White, Jeff Raile, Tom Pepper, Clark Gilbertson, Chuck McGrew, Dave OtneSs, Mark Caspers, Mike Savre; Jim Joyce, Tim Klein, Ted Klein, Frank Heffelfinger, Ned Chapman, Tom Diercks, Bruce Jacobson, Jim Haire, Jerry Moynihan, Terry Halleckson, Dave Bauman, Kevin Reenan, Terry Becker, Dave Compton, Rick Wineberg, Gary Heinzig, Mark Heinzig; Mike Walters, Jeff Okerlund, Jim Bergsent, Jeff Browning, Jack Atkins, Mike Monson, Craig Anderson, Mark Satterlund, Mike Kelly, Tim Burnett, Dan Norquist, Terry Drake, Bob FXynn, Karl Van Brocklin, Jeff Thompson, Chuck LeGros, Bruce Miller, Randy Johnson, Dan Rogers, Jim Lundquist, Steve Roberts, Drew Clausen,'Brian Fossey, John Burke, Rob Johnson, Mark Scanlan, Tim 'Swenson, Jay Carpenter, Paul Kall-and, Keith Hoverstad, Tim Nolte, Jim Tyson, Ron Olsonoski, Mark Aulik, Tom Warner, . Mike Carr, Scott Campbell, Doug Bushman, Brian Burke, Russ Pert, Steve Stapel, John Hemp, John Ghostley. Bob Becker, Paul Olson, Rick Nagengast, Grant Harper, Bill Sims, Steve Sundqqist, A1 Bolin, Jim Curtin, Todd Peterson, Reed Olson, Tim Anderson, and to Student Managers Mark Kloth and Dave Londeen, and to Coach Stav Canalces and Assistant Coaches Frank Fischer, Bob McCarthy, Bob Savre, Ronald Kosteliz, Merri11 Gustoff, Dick Gaughran and Elmer Halvorsen, and to Athletic Director Howard Merriman. RESOLUTION WHEREAS, the 1971 Edina High School Varsity Cross'Country Squad has won the Lake Conference Championship, with a 'record of twelve wins, no .losses and one , tie; and WJEREAS, the 1971 Edina High School Varsity Cross Country competition, has won the District 18 Championship and the ship; and WaREAS, this team has exe&lified the highest example .of while participating in these events; Squad, in further' Region V Champiion- good sportsmanship NaW, THEREFORE, BE IT RESOLVED .that the Mayor and Council, in behalf of the citizenry as a whole, express sincere congratulations to the 1971 VARSITY CROSS COUNTRY SQUAD; and BE IT =SOLVED FURTHER that a copy of,this resolution be spread upon the Minutes of the Edina Village Council of November -15, 1971-f. and that appropriate copies be presented to squad members Bob Barnett, Curt Blandin, Mark Buzby, David Coleman, James Cross, James Hipps, Gary Johnson, David Katkov, Kent Keith, Arnie Leslie, Bruce McPheeters, Tim Miller, Dave Olsen, Scott Sundet, Ed Turner and to Coach Ed Hendrickson and Assistant Coach Bob Hoercherl and to Director of Athletics Howard WHEREAS, the 1971 Edina High Conference Championship with Merriman. RESOLUTION School Varsity Soccer Team has won the Lake a record of eight wins, one loss. and one tis; and 11/15/71 WJBREAS, the 1971 Edina High School Varsity Soccer Team has demonstrated outs-tanding skill and good sportsmanship in participating in these events; Nm, mREFORE, BE IT RESOLVED that the Mayor and Village Council, in behalf of the.citizenry as a whole, express sincere congratulations to the 1971 Edina High School Varsity Soccer Team; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the Minutes of the Edina Village Council of November 15, 1971, and that appropri- ate copies of this resolution be presented to Jose Albuquerque, Bill Barnum, 'Wes Bockley, Bruce Borrman, Robert Bowes, Steve Cabalka, Robert Colbert, John Crickmer, Kurt Dahl, Bill Davey, Robert Dean; Mark Heigl, Randy Larson, Mitchel Law, Robert Levy, Chris Karlik, Chris Mammel, Tom Metcalfe, Larry Greg Scharrer, Chris Stirrat, Jeff Stitt, Joe Teynor, Ted Warner, Richard Wilson, Steve Yearneau, and to Student Manager Sheldon Stubbs, and to Coach Laszlo Szendrey and Assistant Coaches Gary Hutchens and Bart Larson, and to Motion for adoption of the above *resolutions was seconded-by Councilman Shaw and on rollcall there were five ayes and no nays and the resolutions were adop ted , - Moore, Bruce Mooty, Douglas Olson, Lee Petersen, Ken Reynolds, Dennis Savory, .Director of Athletics Howard Merriman. HYDE PARK INPROVEMENTS SUPPLEMENTAL ASSESSMENT LEVIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. suant to due notice given, noting that it had been proposed to levy the assess- ment in three even assessments in accordance with terms set forth in the Developer's Agreement but that an error had been made in assessing the improve- ments over ten years, Mr, Dunn presented analysis of supplemental assessments as follows: A. STORM SEWER IMPROVEMENT NO. ST.S.-122 in the following: Hyde Park Drive from Hyde Park Circle to 50' ,+ East Mr, mxin presented Analysis of Assessment showing total construction cost Pur- at $6;331,49, proposed to be assessed against eleven assessable lots at $525.59 per assessable lot, against estimated assessment of $366.84 per lot, Mr, Dunn noted the request that Mbrril.ll.sGunderson, 5919 Dewey Hill Road, retain the ten year assessment period for four lots (Parcel 5800, Section 8, No objections were heard, and none had been received priorthereto. * B. Township 116, Range 21) which had been approved on September 13, 1971. I SANITARY SEWER IIkROVEMENT NO. SS-288 in the following: Hyde Park Drive from Dewey Hill Road South 470' ,+ Hyde Park Circle from Hyde Park Drive to cul-de-sac Hr. Dunn presented Analysis of Assessment showing-total"construction cost at $30,226.13, proposed to be assessed against $2,747.83 per assessable lot; not- -ing the request of Merrill Gunderson Chat the ten year assessment period for - four lots (Fareel 5800, Section 8, Township 116, Range 21) be retained as . approved on September 13, 1971. No objections were heard. (See Resolution Ordering Assessment later in Minutes.) C. WATERMAIN IMPROVEMENT NO. WM-250 in the following: . . - Hy&e Pa~~~D$~~e'fr;j~:.~~we~ &'11"RdadCto 470' 2 South Hyde Park Circle from Hyde Park Drive to cul-de-sac Mr. Dunn presented Analysis of Assessment showing total construction cost at $12,392-27, proposed to be assessed against 11 assessable lots at $1,126.57 per assessable lot against $699.88. It was noted that the higher construction cost was cmsed by poor soil conditions. owner of Parcel 5800, Section 8, Township 116, Range 21 had requested a ten year assessment period inasmuch as his property was not in Hyde Park. VanValkenburg then offered the following resolution and moved its adoption: It was further noted that Merrill Gunderson, Councilman RESOLUTION ADOPTING AND CONFIRMING SANITARY SEWER IMPROVEMENT SS-288 WATERMAIN IMPROVEMENT FIN-250 SUPPWMENW*ASSESSMENTS FOR STORM SEWER IMPROVEMENT ST. S .-122 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota as follows : 1. The Village has given notice of hearing as required by law on the proposed supplemental:: asdessments for=Stoqr:&mr. I@l;ovBi?ieiit $2; .GI221 * Sslnitary Sewer Improvement No. SS-288 and Watermain Improvement No. WM-250 and at such hearing on November 15, 1971, has considered all oral and written objections presented against the levy of such assessments, 2. supplemental assessments now on file in the office of the Village Clerk are hereby adopted and confirmed as the proper assessments on account of said improvements to be spread against the benefited lots, tracts and parcels of land described therein, and the amount assessed against each such lot, tract or parcel of land is hereby found not to exceed the local benefits conferred thereon by said improvements, Subject to the amendments made in paragraph 3 of this resolution, said 11/15/7 1 3. Said supplemental. assessments are hereby amended as follows: (1) For Storm Sewer Improvement St.S.-122 - Parcel 5800, Section 8, Township 119, Range 21 - Assessment shall remain on a ten ye&r basis as originally approved on September 13, 1971. For Sanitary Sewer Improvement SS-288 - Parcel 5800, Section 8, Township 116, Range 21 - Assessment shall remain on a ten year basis as originally approved on September 13, 1971. . (3) F6@ Watermain Improvement No. TJM-250 - Parcel 5800, Section 8, Township 116, Range 21 - Assessment shall remain on a ten year basis as originally approved on September 13, 1971. (2) 4. The assessments shall be payable in three annual installments, the first of said installments, together with interest at the rate of 5% per annum on ' the entire assessment from the date hereto to December 31, 1972 to December ' 31, 1972, to be payable with the general taxes for the year 1971, except that Parcel 5800, Section 8, Township 116, Range 21 shall be paid in ten annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date-hereto do December 31, 1972. 5. The Village Clerk shall forthwith_prepare.and transmit to the County Auditor a copy bf this resolution and a certified duplicate of sajd'assessments, with each then uppaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 6. The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and iflany such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set %forth in skid section. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. STORM SEWER ST.Bt130 AND STREET IMPROVEMENT BA-188 APPROVED. Affidavits of notice were approved as presented by Clerk and ordered placed on filer suant to due notice given, public hearings were conducted and action taken as hereinafter recorded. A. Pur- STORM ' SEWER IMPROVEMENT NO. P-ST . S . - 130 IN THE FOLLOWING : North Storm Sewer System From Nine Mile.Creek at IJ. side of intersection of W. 77th Street and T.H. 100 to existing storm sewer at Southeast corner of Lake Edina Park South Storm Sewer System , From Nine Mile Creek at IJ. side of T.H. 100 at South Edina boundary to existing storm sewer on South Edina boundary 450 feet W. of France Avenue Mr. Dunn advised Council that this hearing is being conducted at this time because portions .of the overall drainage system for, the-area must be installed with the construction of the Trunk Highway 100 and West 77th Street/Edina Indu'strial Blvd. Interchange. by thd Minnesota Highway Department on November 19, 1971. when, on September 9, 1968, assessments for Storm Sewer Porjects 92, 100, 101 and 102 were'approved, it was indicated that additional expenditures would be nqcessary in the fiuture to complete the drainage system.. Mr. Dunn recalled that, because of the extensive development in the area it had become evident that design criteria used for the work accomplished to date was not satisfactory and a new drainage study was authorized. .Estimates of cost for this proposed project are from that study. Mr. Dunn presented total estimated maximum cost of the project at $1,315,600, noting that additional negotiations must be undertaken with affected property owners and the City of Bloomington- before a final plan can be agreed upon and the cost*allocation.formula deter- mined. He stated that the Village is inadequately prepared but that, because of the urgency of the interchange construction, the hearing is being conducted at this time. Mr. C. H. Renich, 7403 Oaklawn Avenue, said that his property had been .assessed $1,106 for storm sewer improvements already and that drainage in his area is still not satisfactory. called for a 25 inch pipe, but that only a 12 inch pipe had been installed. Mr. Renich added that he was also speaking for Mr. John Karolis, 7400 Oaklawn Avenue, and requested that the record show that he' opposed the improvement on the basis that he has not received sufficient information on the cost and because there is no obvious benefit to his property. In reply to a question, Mr. Dunn said that perhaps the assessment district should be extended further to the North. Mr. Dunn added that this proposed storm sewer system would not correct storm water problems still existing on Mr. Renich's property. objecting to the proposed storm sewer were Mrs. Renich, and Mr. Paul T. Birke- land, 7401 Oaklawn Ave. Mr. Robert Rischmiller, 4920 Poppy Lane, inquired about the drainage district. Mr. Wayne Vandervork, representing Oscar Roberts and George Ablah, requested that the Northerly boundary be changed so as to Bids on this project are proposed to be received He explained that He said that the original plan had Also exclude the Control Data Building. impractical to tie the North system into the Lake Edina area and that the drainage area will be re-worlied before the assessment hearing. added that the Control Data Building will not be included in the drainage area. Councilman Johnson suggested continuing therhearing until he could study the Barr Report and until cost of the improvement dould be worked out with Bloomington. Mr. Erickson said that the Village cannot enter into the contract with the State ofJ4innesota until the improvement has been authorized and suggested the possibility of cutting the improvement back to a point where the cost is known and to a minimum needed for the highway construction. Erickson added that a hearing for the additional storm sewer could be continued to a later date. the completion of the interchange, Councilman Johnson's motion that the storm sewer be approved only as it pertains to the highway construction was seconded by Councilman Van Valkenburg and carried. later in llinutes.) B. CONSTRUCTION OF WIDENING OF BRONTAGE ROADS WITHPERMANENT STREET SURE'ACING He was told by Mr. Dunn that it would be Mr. Dunn I Mr. Because of the urgency of Considerable discussion ensued. (See Resolution Ordering Improvement CONCRETE CURB & GUTTER AND DRAINAGE FACILITIES NO, P-BA-188 IN THE FOLLOWING: East and West T.H. #lo0 Frontage goads from West 77th*St/Edina Industrial Blvd. to South Edina Village limits 1 Mr. Dunn presented total estimated constructi& cost at $52,852 proposed to be assessed at $32.00 per assessable foot. upon Councilman Van Valkenburg offered the foll'bwing resolut5on and moved its adoption: No objections were heard, where- . RESOLUTION APPROVING STORM- SEWER- ST. S .-139 - AND* STREET IMPROVEMENT BA-188 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published-and mailed to owner; of each parcel within the area proposed-to be assessed on the follow- ing proposed improvements : 1. CONSTRUCTION QF VILLAGE STORM SEWER AND APPURTENANCES IN.THE FOLLOWING: (ST. S ,430) North Storm Sewer System From Nine Mile Creek at West side of intersection of.West 77th Street and State Highway #lo0 to existing stop,sewer,at Southeast corner of Lake . Edina Park From Nine Mile Creek at Nest side of State kghway #lo0 at South Edina boundary to existing storm sewer on South. Edina boundary 450 feetllest of France Avenue 2. CONSTRUCTION OF WIDENING OF FRONiAGE ROADS '(:7ITH -PERMANENT STREET SURFACING CONCRETE CURB & GUTTER AND DRAINAGE FACILITIES (BA-188) IN THE FOLLOWING: East and \Jest T.H. #lo0 Frontage Roads from West 77th St:/Edina Industrial Blvd. to South Edina Village limits - I ". South Storm Sewer System -and at the hearing held at the time and place specified in said'notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements except that the improvement includes only the 154" R.C.P. ar,ch and 66" R.C.P. included in the Cooperative Construction Agreement with the' Minnesota Highway Department pertaining to the T.H. 100 - 31. 77th Street/Edina' Industrial Blvd. Interchange at an estimated cost of $90,463.75; including all proceedings which may be necesdary in eminent domain for the acquisition of,neci$ssagy easements and rights for construction and maintenance of such improvements; that said.improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above Storm Sewer Improvement ST.S.-130 No. 2 Above Street Irirprovement BA-188 and the area to be specially assessed for Storm Sewer Improvement ST.S.-130 shall include all lots and tracts of land within-the,folloying described boundaries: Beginning at the Southwest corner of Sec. 31, T. 28, .R. 24; thence North along the West line of said Sec. 31 to an intersectian with the W$sterly extension of the centerline of Uest Shore Drive; thence Easterly along the centerline of Vest Shore Drive to an intersection with the Northerly extension of the West line of Lot 1, Block 3, Lake Edina 3rd Addition; thence Southeasterly along said IJest line of Lot 1 to a point 50 feet South of the South line of West Shore*Drive; thence Northeasterly parallel to and 50 feet Southerly and Southeasterly of the South line of West Shore Drive to a point 50 feet from the South line of Sedum Lane; thence Northwesterly,to the inter- section-of West Shore Drive and Sedum Lane; thence Northeasterly to a point in Lot 1, Bloqk 4, Lake Edinaa3rd Addition, which point is 50 feet North of the South line of said Lot 1 and 50 feet East of,the %Jest line of said Lot 1; 11/15/71 f thence Northerly, parallel to and 50-feet EasteYly of the East line of West Shore Drive to a point which is 400 feet South of the North line of Lake Edina 4th Addition; thence East, parallel to and 400 Eeet South of the North line-of Lake Edina 4th Addition to.the West line of Kellogg Avenue; thence North along said West line a distance of 200 feet; thence East to a point on the West line of Outlot 2, Bertelsen Addition, which point is 200 feet South of the Northwest corner of said Outlot 2; thence North to the North- west corner 10, Block 1, South Garden Estates 4th Addition; thence North along the East line of Block 1, South Garden Estates 4th Addition and Block 3, South Garden Estates 3rd Addition, to a point 80 feet South of the centerline of IJest 72nd Street; thence East, 80 feet South of and parallel to the centerline of We;st: ~72nd Street to a point 100 feet -West of the centerline of France Avenue; thence South, parallel to and 100 feet West of the centerline of France Avenue to the No,rth, line Qf the South 1/2 of Sec. 31, T. 28, R. 24; thence East.to a point on the North line of the South 1/2 of Sec. 32, T. 28, R. 24, which point is'1100 feet East of the West line of said Section 32; thence North, parallel to the West line of said Section 32, a distance of 70 feet; thence East to a point on the West line of the West 15 acres of the Southeast 1/4 of the Northwest 1/4 of said Section 32, which point is 70 feet North of the South line of said Nest 15 acres; thence Northeasterly to a point which is 200 feet North of the South line of said West 15.acres and 200 feet West of the East line of said West 15 acres; thence Southeasterly to a point on the East line of said T?est 15 acres, which point is 100 feet North of the Southeast corner of said aest 15 acres; thence Southwesterly to a point on the South line-:of said West 15 acres, which point is 100 feet West of the Southeast corner of said West 15 acres; thence Southerly to a point on the North line of West 76th Street, which point is 210 feetllest of the East line of the Mest 1/2 of the Northeast 1/4 of the S~uthwest.l/4 of said Section 32; thence Southeasterly Go a point on the Nest line of the East 358.88 feet of the Southeast 1/4 of the Southwest 1/4 of said Section 32, which point is 250 feet South of the centerline of West 76th Street; thence South along said West line of the East 358.88 feet a distance of 245 feet; thence Southwesterly to a point on the South line of Sec. 32, T. 28, R. 24, which point is 715 feet West of the South 1/4 corner of said Section 32; thence West to the Southwest corner of said Section 32; thence West to the point of beginning. The area proposed to be assessed for the cost of the proposed widening of Frontage Roads with Permanent Street Surfacing, Concrete Curb and Gutter and Drainage Facilities (Improvement No. BA-188 above) includes Lots 10 and 11, Block 8, Edina Interchange Center; and Tracts A, B. C and D,.Registered Land Survey 1050, Sec. 31, T. 28, R. 24. Motion for adoption of the resolutibn was seconded by Councilman Shaw and on rollcall there were five ayes and.no nays and the resolution was adopted. LOTS 18 THRU 21, AUDITOR'S SUBDIVISION 196 REZONING REQUEST CONTINUED INDEFIN- ATELY. Mr. Luce advised that Mr. Volke Victorson had withdrawn his request for PRD-2 zoning for part of Lots 18 thru 21, Auditor's Subdivision 196, located on the Southwest quadrant of Gleason Road and the Crosstown Highway. man Shawls motion continuing the zoning request indefinitely was seconded by Councilman VanValkenburg and carried. TUPA DRIVE AND TUPA CIRCLE STREET NAME CHANGE DENIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed one file. Paul Mucke, Vice President of the Historical Society, advised Council that on July 21, 1971, the Board of Directors of the Historical Society adopted a resolution that the Historical Society supports in general the naming of streets in Edina after pioneer settlers and residents in recognition of out- standing community service and that it follows that the Edina Historical 6ociety opposes the proposed street name change of Tupa Drive and Tupa Circle to "Briarhill Road", as petitioned by property owners and hearing for which street name change had been continued from November 1, 1971. Mrs, Kay Brown, past President of the Edina Historical, also urged that the name not be changed. Note was made of a letter from Mrs.. Tupa expressing the pleasure of the Tupa family in having the street named for Mr. Tupa. Speaking in favor of the street name change were Mr. Fred Peterson, 7122 Tupa Drive, and Dr. D. C. Menolis, 7001 Tupa Drive, who said that they wanted a street name more in keep- ing with other street names in Braemar Hills area. of naming another park after Mr. Tupa. that since they were taxpayers, they should be permitted to change the name of their sfreet, particularly because the name @*Tups" is difficult to make people understand. Mayor Bredesen said that very'few street names have been changed. Following some discussion, Councilman Johnson, stating that he would ordinarily go along with the wishes of people living on a street but that he felt that in this case there were good reasons for retaining the present street name, moved of said Outlot 2; thence East to the Southeast corner of Lot . .* Council- I Mr. They suggested the possibility An unidentified lady in the audience said 11/15/7 1 that the street name change be denied. Courtney and on rolIcall there were five ayes and no nays and motion carried. Motion was seconded by Councilman GLEASON ROAD CUL-DE-SAC STREET NAMF, CJUNGE CONTINUED INDEFINITELY. Affidavits of Notice were*presented by Clerk, approved as to form and ordered placed on file. Mr. Dunn explained that a cul-de-sac off Gleason Road has been numbered with a continuous series of numbers, so that house' numbers continue as do those on Gleason Road itself. Residents on the street have felt that this system of house numbers in confusing- but the Building Inspector has felt that more con- fusion would result if the screet name were changed to Gleason Court as pet- itioned by property owners, Mr. John Frisvold, 6612 Gleason Road, said that, because of curves in the road, it was difficult to see the cul-de-sac. Fol- lowing considerable discussion, it was moved-by Councilman Johnson, seconded .by Councilman Shaw and carried, that the matter be continued indefinitely so that Mr. Frisvold could discuss with his neighbors the possibility -of chang- ing house numbers on the street to an East-Nest numbering series. agreed that &he possibility of installing a new. sign which would more clearly call attention to the cul-de-sac would be investigated by the Department of Fublic I?orks . Etwas MC CAULEY TRAIL STREET NAME CHANGED TO "MC CAULEY TRAIL BEST" AND "MC CAULEY TRAI'LFOUTH'.'. Reading, whereupon Councilman Johnson offered the ordinance for Second Reading and moved its adoption:as follows: THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Indian Hills Road is hereby renamed "McCauley Trail I?est". Valley View Road is hereby renamed "McCauley Trail- South". its passage and publication, Motion for adoption of the ordinance was secon on rollcall there were five ayes and no nay Hr. hnn presented Street Namc Change Ordinance 2 for Second STREET NAME CHANGE ORDINANCE 2 Section 1. Sec. 2. Sec. 3. This ordinance shall be in full force and effect from.and after NcCauley Trail from Gleason Road West and South to centerline McCauley Trail from' the centerline of Indian Hills Road to by Councilman Courtney' and and the ordinanc was adopted ATTEST: -4APd+ d . " Mayor .. AI & r I Village .Clerk 0 BRITTANY ROAD PROPERTY BIDS HELD: NEW BIDS TO BE TAKEN ON SPLIT LOT. Mr, West presented tabulation of three bids received in response to Advertisement for Bids-in the Edina Sun on November 18, 1971. Inc,, high bidder at $14,150.00, Eberhart Company, $12,400.00 and R, A. Soder- Berg low bidder at $2,002.83, motion that bids be held until December 6, 1971, and that the property.be advertised again for bids for two single family lots, each having 110 feet .frontage on I?, 66th Street, was seconded by Councilman Courtney and carried. Mayor Bredesen left the meeting before the vote was taken; Valkenburg assumed the Chair. 1971 AUDIT AWARDED TO ERNST & ERNST. Councilman Johnson's motion bas:seconded by Councflman Goimtney and carried that Ernst & Ernst be appointed to ap$&t the financial affairs of the Village of-Edina for the year 1971. Tabulation showed Village Estates, As recommended by Mr. IJest, Councilman Johnson's Mayor Pro Tem Van MISS ANNETTE GROSSE'S SEWER BACK-UP CLAIM RE-REFERRED TO INSURANCE COMPANY. Council's attention was called to a letter from Miss Annette Grosse, 6601 Gal- way Drive, advising that the insurance company had denied payment of damages resulting from a sewer back-up at ker home and asking the Village to reimburse her for damages in the amount of $461,78. requesting .payn;ent of damages and asking for re1assurance that such a back-up will not -occur again. -motion that the insurance company check into-the matter again and send a letter to Miss Grosse telling her of its decision was seconded by Councilman Shaw and carried. EDNARD GEORGE SEWER BACK-UE CLAIM'NOTED, Council's attention was called to a letter from Mr. and Mrs. E. I?. George, ,5715 Tracy Ave., complimenting Village personnel on its service in cleaning up their basement after a sewer backup at their home. It was noted that Mr. and Mrs. George have also requested reim- bursement for damage caused by the backup. Miss Grosse appeared before Council, Following review of. the matter, Councilman Johnson's . _. No action was taken. . PRESTIGE SECOND ADDITION PRELIMINARY PUT APPROVAL HEARING DATE SET for Dec- ember 6, 1971, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. .. 1 1 / 15 17.1 UNIFORM BUILDING CODE AMENDMENTS URGED, Assistant Fire Chief Buresh advised that the Minnesota State Fire Chiefs*Association has recommended amendments to the Uniform Building Code which would provide additional safeguards in the event of fires in modern-buildings. resolution and moved its adoptfon: Councilman Shaw offered the following 7 'RESOLUTION -II WHEREAS, modern construction of larger' and ' taller buildings requires addi- . tional fire protection equipment bkilf into them at the time of original construction than what-is presently required by the Uniform Building Code; and WHEREAS, it has been found necessary-in the Village of Edina to require*& additional fire protection,installation at a later date, causing additional expense to the owner of the building; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council.supports the proposed amendments to the 'State Building Code which are being sponsored by Chief Orville Mertz of Rochester and by Assistant Chief Robert Buresh of Edina on behalf of the Minnesota State Fire Chiefs Association; and BE IT FURTHER RESOLVED that the State Building Inspector and the Advisory Panel for the State Building Code be urged, in the interest of life, safety and the preservation of property, to support the above mentioned recommenda- tions with all due haste and dispatch. Motion, for adoption of the resolution was seconded' by Councilman Johnson and on rollcall there were four ayes and no nays and the resolution was adopted. SALE OF DRIVERS' LICENSES AUTHORIZED. As recommended, by Mr . Dalen, Councii- man Johnson's motion authorizing the Village to sell Drivers' Licenses after January 1, 1972, was seconded by Councilman Shaw and carried. It was noted that pictures and eye tests would be necessary after the first of the year. TRAFFIC SAFETY COMMITTEE MINUTES' of November 10, 1971, were approved as pre- sented,by motion of Councilman Courtney, seconded by Councilman Johnson and carried. TONKA KENNELS CONTRACT CONTINUED TO DECEMBER 6, 1971. Mr. West advised Council that a number of complaints have been received relative to Tonka Kennels. ask Mr. Cooley from Tonka Kennels to appear at the next Council meeting to respond tro the charges. MORNINGSIDE AREA GARBAGE COLLECTION BIDS TO BE TAKEN. the Morningside Area Garbage Contract expires on December 31, 1971, Council- man Courtney's motion that bids be taken as in f971nas seconded by Council- man Shaw and carried. Mr. Hest was asked by Council 50 prepare*a list of complaints and Upon being advised that JAY PETERSON FALSEsARREST SUIT NOTED, Note was made of a false arrest suit against the Village by Jay Peterson. defend all possible liability, including that which may not be covered.by insurance,and to keep the Village apprised of developments. DORIS J. LAHNER SUIT NOTED. relative to the accident of Mrs. Doris J. Lahner which occurred at Braemar Arena on April 16, 1971. company. The insurance company is being asked tb Note was made of a suit against the Village The matter has been referred to the insurance STREET LIGHTING POLICY C,ONTINUED TO DECEMBER 20, 1971. street lighting policy of the V.illage as continued from November 1, 1971, was further continued to December 20, 1971, by motion of Councilman Shaw, seconded by.Councilman Courtney and carried. , SOUTH SUBURBAN AREA MENTAL HEALTH'PROJECT MEETING has been mx?icheduled for November 17, 1971. Discussion of the SOUTHDALE LIQUOR STORE SITE ACQUISITION NOTED, the purchase of the Southdale Liquor Store site in the amount of $102,000 is Mr. Dalen advised Council that now complete. easement on'the East side of4he site. ing the expenditure of $4,000 for the additional fifteen feet of the property in the event Mr. .Dalen is unable to obtain the easement was seconded by Councilman Shaw and carried with Councilman Johnson abstaining. . . He added that he'is.now attempting to obtain a fifteen foot Councilman Courtney's motion authoriz- PARCEL 404E OFFER TO .SELL ACCEPTED BY STATE OF MINNESOTA. Council that the State of Minnesota has accepted the Village of Edina's offer to sell Parcel 404-E for the sum of $39,200.00. Mr. Dunn advised The property is located on 11/15/71 the East siL' o T.H. 00 between Hibiscus Avenue ant West Shore Drive and is needed for construction of the T.H. 100 - W. 77th Street Interchange. In reply to a question of Mr. Robert Rischmiller, 4920 Poppy Lane, Mr. Dunn pointed out the location of the property in question. No action was taken. T.H. 100 - W. 77TH ST, INTERCHANGE COOPERATIVE CONSTRUCTION AGREEMENT APPROVED, Mr. Dunn presented a resolution requested by the Minnesota State Highway Depart- ment approving Interchange Cooperative Construction Agreement No. 56958 under which the Village will pay for certain phases of the T.H. 100 - 11. 77th Street Interchange, Mr. Robert Rischmiller, 4920 Poppy Lane, Mr. Richard Johnstone, 4928 Poppy Lanej and an unidentified gentleman objected that the proposed temporary by-pass road would come within 120 feet of homes on the East side of the highway and that there would'be no sound barrier between the by-pass and their homes. FJest side of the highway and that the by-pass proposed is not in accordance with plans approved by Council. been on the plans which Council had approved at-its meeting of November 1, 1971. Mr. William Crawford of the Minnesota Highway Department said that trees along the by-pass road would not be removed. have been difficult to acquire right-of-way in time for the target date because of the multiple ownership changes. the area had not been notified of the by- ass plans. plans had appeared logical from an engineering aspect and that he thought residents would have been satisfied with this alighment. .Mr. Erickson advised that the Village has no alternative and chat the property*owners have the right of inverse condemnation and that the State is within its rights to construct the by-pass as proposed. Mr. John Telfer expressed concern about Nine Nile Creek if the by-pass was moved to the West side. erable discussion, Councilman Johnson moved that, if possible, the by-pass be moved to the Vest side of the highway, subject to approval by the Nine &le Creek Watershed District, the Department of Natural Resources and the Environmental Quality Comission and that the Village use resources of its om staff to accomplish that puqose. Courtney and carried. the matter and agreed to serve as liaison between the neighbors, the Village and the Highway Department. resolution and moved its adoption: BE ITcRESOLVED that the Village enter into an agreement with the State of Minnesota, Department of, Highways for the following purposes, to-wit : To provide for payment by the Village of Edina to the State of the Village's share of the costs of the construction of extra width frontage road roadway, .concrete curb and gutter and associated construction along the property sides of frontage roads, and the construction of storm sewer facilities to be performed by the State in conrection with State Project No. 2733-51 (T.H. 100= 130), the improvement of Trunk Highway No, 100 between Interstate Trunk High- way No. 494 and Metro Blvd; and . BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby are author- ized to execute such agreement. Motion for adoption of the resolution was seconded..by Councilman CourFney and on rollcall there were four ayes and,no nays and the resolution was adopted. They suggested that the by-pass road be constructed on the Mr. Dunn said that by-pass plans had not He advised also that it would Discussion ensued as to why residents in Mr, Dunn said that the Following consid- Motion was seconded by Councilman Mr. Rischmiller asked that he be advised of progress in Councilman Johnson then offered the.following RESOLUTION (Cooperative Construction Agreement No. 56958) ORDINANCE NO. 105 ADOPTED. Following some discussion and questions by Mr. John Telfer, Councilman Dohnson offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 105 AN ORDINANCE ESTABLISHING AN ENVIRONMENTAL QUALITY COMMISSION IN THE VILLAGE OF EDINA AND DEFINIKG ITS DUTIES AND RESPONSIBILITIES THE VILLAGE COUNCIL OF THE VILTAGE OF EDINA; MINNESOTA ORDAINS: Section 1. Environmental Quality Commission. The Viliage Council of the Village of Edina, recognizing the profound impact of man's activity on the interrelation of all components of the natural environment, particularly the profound influences of population growth, urbanization, industrial expan- sion, resource exploitation, and new and expanding technology, and recogniz- ing further the critical importancesof maintaining and improving the environ- mental quality of Edina to the overall welfare of the citizens of Edina, does hereby establish the Edina Environmental Quality Commission. environment is defined as all of the natural physical resources, the biotic resources and the man-made environment, and including the sensorily perceived features of noise, sight and smell. Natural physical resources include the air, water, land (both surface I. and sub-surface), all plants and animals and man himself. Sec. 2. .Definition of Environment. For purposes of this ordinance, -. 111 15 /7 1 See. 3. Purpose. The Commission is established for the purpose of , advising the Village Council, the Village Manager, the Village Pianning Com- mission and the Village Park Board on all matters concerning the 4uality of the Village environment, including the review and recommendation of policies for and the promotion of interest within the Village in the maintenance'and improvement of the quality of the Village environment. of the Commisslon shall be: (a) conditions and trends in the quality of the Village environment, both current and prospective, to analyze and interpret guch information for the purpose of determining whether such conditions and trends are interfering or are likely to interfere, with the .achievement of the policy of maintaining and improving the quality of the Village environment and to compile and submit to the Council reports relating to such studies and trends; fostering the maintenance and improvement of the Village's environmental I . . Sec. 4. Duties and Responsibilities. The duties and responsibilities to gather timely and authoritative information concerning the (b) to develop and recommend policies to the Council for the purpose of .. quality; .. (c) to conduct, in cooperation with the Village Planning Commission .and Village Park Board when appropriate or when requested by the Council, such investigations, studies and analyses relating to ecological systems and environ- mental quality within the Village, as the Council or Manager,may request; Village, including the plant and animal systems, and to accumulate necessary data for a continuing analysis of these changes -and an interpretation of their underlying causes and to submit reports thereon to the Council; the Village in seeking the assistance of educational and governmental institutions in identifying, protecting, and promoting the use of natural areas within the Village as an educational resource; to promote an enlightened pu6lic awareness and concern for the environment among adults and children alike; to conduct meetings of the Commi_ssion open to the public so that concerned citizens may attend and will be encouraged to contribute; with the permission or at the request of the Council, to coordin- ate activities with other communities and agencies as they pertain to environ- mental matters of mutual concern; (i) to make and furnish such studies and recommendations with respect to matters of environmental policy and legislation as the Council .may request; (j) to report periodically to the Council on the activities of the Commission. Sec. 5. Membership. The Commission shall consist of eleven members, all qppointed by the Mayor with the consent of a majority of the members of the Council. shall have an interest in the environment of the Village and shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission. member shall be a member of the'village Plannhg Commission, and one member shall be a member of the Village Park Board. be appointed for terms of two year$, except for the first Commission appointed, which shall have five members with one year terms, so that in one year five terms.wil1 expire and in the following year four terms will expire. expiration of his term of office, a member shall continue to serve until his successor shall have been appointed. Any person appohted to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Whenever the . term of a member of the Village Planning Cohission or Park Board expires, or such member vacates his office, his term on this Commission shall likewise end. office by majority vote of the Council. v P-J F-4 La a $4 (d) t'o document and define changes in the natural environment of the (e) with the permission or at the'request of the Council, to assist (f) '(g) (h) Members of the commission' shall be residents of the' Village, One Members of the Commission shall Upon the Members 6f the Commiskion may resign voluntarily or be removed from Sec. 6. Organization. The Commission sha'll: (a) term of one year. (b) duct of fts business. (c) assignment of a staff secretary hom the Village. If a secretary is assigned by the Village, the Secretary shall perform only such clerical duties on be- half of the Commission as may be assigned by the Chairman with the consent of the Village Manager. sion by the Village Manager. Elect a Chairman and Vice Chairman from ayong its members for a Adopt such bylaws as shall be necessary or desirable for the con- Appoint a Secretary from within its own group, or request .. Additional advisory staff m&y be assigned to the Commis- 11/15/7 1 *. Sec. 7. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was rollcall there were four ayes and no nays ATTEST : I Y SUBURBAN HENNEPIN COUNTY NURSING DISTRICT PARTICIPATION APPROVED , councilman Johnson offered the following resolution and moved its adoption approving participation by the Village in the Suburban Hennepin County Nursing District for the period of January 1, 1972 through December 31, 1972: WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, provision RESOLUTION has been made for a public health nursing district in that portion of Henne- pin County outside the City of Minneapolis; and TJHEREAS, pursuant to such authority, such a public health nursing district has been organized and has been in operation for several years; and I*7J3ERJIAS, it is deemed necessary to continue the operation of such nursing district and to provide it With adequate funds for its proper operation; NW, THEREFORE, BE IT RESOLVED BY THE EDINA VILLAGE COUNCIL that this political subdivision continue to be inc,luded in the public health nursing district of Suburban Hennepin County, organized on January 4,.1952; that it participate in the benefits thereof; and that it agrees to supEort on an apportionment basis its pro rata share of the cost of the administration of such district pro- vided-, however, that for the period of January 1; 1972 through December 31, 1972, this cost shall not exceed 34C per capita on the basis of the last official census, BE IT FURTHER RESOLVED, that this resolution shall be deemed ah agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. Motion for ahption of the resolution was seconded by Councilman Shaw and on. rollcall there were four ayes and no nays and the resolution was adopted. FEDERAL AID URBAN SYSTEM NOT APPROVED BY COUNCIL. lution which proposes to put Vernon Avenue and Gleason Road from T.H. 100 to the Crosstown Highway on the Federal Aid Urban System, recommending against the adoption of such resolution. No action was taken. BRAEMAR PAVILION HEATING AND VENTILATING SYSTBM IMPROVEMENT AUTHORIZED. Council's attention was called to three basic problems at Braemar Pavilion by Mr. Rosland who noted problems with humidity and dripping, the infra-red heating and the air mcwement system. He recokended expenditure of between $6,060 and $7,000 to correct these problems. Mr. Rosland advised that informal bids have been taken on'insulation with Richfield Yards being low bidder at $1,975, Climate Control at $1,998, and Denesen Insulation, Inc., at $2,000. Motion of Councilman Shaw was seconded by Councilman Courtney and . carried awarding bid to recommended low bidder, Richfield Yards, and author- Mr. Dunn presented a reso- * ,. izing taking of bids on three direct fired heating units.. .. - ._ :- . LIQUOR FUND AS OF SEPTEMBER 30, 1971, as presented by Mr. Dalen, was reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Councilman Courtney and carried. 50TH STREET LIQUOR STORE PARKING LOT IMPROVEMENTS AUTHORIZED. by Mr, Dalen, Councilman Courtney's motion waslseconded by Councilman Shaw and carried, authorizing expenditure of $4,500 for, improvements for the 50th Street Liquor Store Parking Lot, which improvements consist of +~du~~~on~~no~e.er ofxurb cuts and installation of islands and dividers for better flow of traf- fic in the parking lot between 50th and 49% Streets. Prime contractor will be Twin City Federal Savings & Loan. CARRYING CASES FOR ART AT LIBRARY &?PROVED. As recommended by Mr. Dalen, Councilman Shawls motion was seconded by Councilman Courtney and carried, authorizing expenditure of $1,282.50 for 200 carrying cases for additional art pieces at the Library. As recommended I CLAIMS PAID, and carried for payment of the following claims as per Pre-List: $52,106.63; Construction Fund, $173,365.29; Park, Park Sinking, Park Con- Motion of Councilman Johnson was Seconded by Councilman Shaw General Fund, 11/15/7 1 struction, Swimming, Arena, Golf, $69,395.22; Nater Fund, $28,507.76; Liquor Fund, $103,130.91; Sewer Fund, $1,466.72; Improvements, $1,036,548.36; Poor and PIR, $240.50; Total, $1,464,761.39. The agenda's business having been covered, Councilman Johnsp's motion for adjournment was seconded by Councilman Shaw and carried. Adjournyent at 10:45 p.m. ..