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HomeMy WebLinkAbout19720417_regularNINUTES OF THE REGULAR MEETING OF THE EDINA.VILIAGE COUNCIL HELD AT V1Z;LAGE HALL ON MONDAY, APRIL 17, 1972 1 Members answering rollcall were CouncilmenhCourtney, Johnson, Shaw and Van Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen. MINUTES of March 20, 1972, were approved as corrected to reflect that Council- man Johnson, rather than Councilman Courtney voted "nay" with regard to Ordi- nance N.o. 811424, and minutes of April 3, 1972, were approved as submitted by motion of Councilman Johnson, seconded by Councilman Courtney and carried. HOCKEY TEAMS CONGRATULATED. Councilman Johnson offered the following resolu- tions commending the Bantam, Pee Wee and Midget Hockey Teams for a successfk season, and moved their adoption: RESOLUTION OF CONGRATULATIONS WHEREAS, during the 1971-72 season, the Edina Midget Hockey Team, under the able direction of Coach Bart Larson and Assistant Coach Bob O'Connor, has continued to exemplify the highest goals of good sportsmanship and outstand- ing proficiency; and WHEREAS, the team efforts have been rewarded by finishing second in the Christmas Invitational Tournament, by being undefeated As the Suburban League, Champions, Southern Regional Champions and Minnesota State Champions and plac- ing fifth in the National Hockey Tunrnament at Dearborn, Michigan; and WHeREAS, during this past hockey season, these young boys have represented Edina 4n the highest manner; .KR?,,THEREFORE, BE IT RESOLVEI) by the Mayor and Village Council that the out- standing accomplishments of the Edina Midget Hockey Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted itself and for the great credit: the team has brought to the com- munity; and BE-=IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Dave Bell, Hank Broback, Brian Burke, Jeff De Zellar, Bob Flynn, Bob Frawley, Dave Greer, Rob Holberg, Tom Holberg, Chuck Holman, John Hovelsrud, Andy Overman, Tim Pavek, John Phillips, John Reimann, Dan Rogers, Steve Smith, and to Coach Bart Larson and to Assistant Coach Bob O'Connor. RESOLUTION OF CONGRATULATIONS IEIEZEAS, during the 1971-72 season, the Edina Bantam Hockey Team, under the able direction of Coaches Bud Sorem, Gene Nieland and Don Norwich, has con- tinued to exemplify the highest goals of good sportsmanship and outstanding proficiency; and WHEREAS, the team efforts have been rewarded by finishing first in the Minne- sota State Amateur Hockey Association Tournament and finishing first in the National Tournament of the United States Amateur Hockey Association; and IIHEREAS, during this past hockey season, these young boys have represented Edina in the highest manner; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Village Council that the out- standing accomplishments of the Edina Bantam Hockey Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted itself and for the great credit the team has brought to the community; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be,presented to James Batten, John Brenny, Jeff Craig, Charles Faith, David Finks, Jon Hughes; Chris Johnson,.Jeff Johnson, Rhody Johnson, David Langefels, Bradley Larson, Gary Loving, Pat Manion, Mike Mastor, Steve Nichols, Gene Purdy, Steve Schmidt, John Vanko .and to Coaches Lloyd Sorem, Gene Nieland and Don Norwich. I " ._ _. 3. RESOLUTION OF C0hY;RATULATXDNS WHEREAS, during the 1971-72 season, the Edina Eeq Wee .Hgckey :Team-:urider fibe-dir- ection of Coaches John Sweetland and Howard Tucker have continued to exemplify the highest goals of good sportsmanship and outstanding proficiency; and WHEREAS, the team efforts have been rewarded by finishing first in the Minne- sota State Amateur Hockey Association Tournament and finishing third in the National Tournament: of the United States Amateur Hockey Association; and WHEREAS, during this past hockey season, these young boys have represented Edina in the highest manner; NCN, THJIREFORE, BE IT RESOLVED by.the Mayor and Village Council that the out- standing accomplishments of the Edina Pee Wee Hockey Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted itself and for the great credit the team has brought to the community; and 4/17/72 * Q ED w t-.l h BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Bret Bjerken, Steve Carroll, Gordy Hampson, Steve Ikola, Tom Kelly, Joel Levine, Mitch Melichar, Brant Mease, Tom Reynolds, Dave Robbins, Tim Smith, John Sweetland, Dave Temilliger, Jon Thayer, Jim Tucker, Dave Vaaler, Mark Vacanti and to Coaches John Sweetland and Howard Tucker. Motion for adoption of the resolutions was seconded by Councilman Shaw and Ghe resolutions were unanimously adopted. ORDINANCE NO. 811-A22 ADOPTED ON SECOND READING. Mr. Luce presented the re- quest of G.G.C. Company for PRD-3 Planned Residential District zoning for Parcel 1600, Sec. 31, T. 117, R. 21, which property is located on the North- east carner of County Road 18 and the Crosstown Highway. No objections were heard, whereupon Councilman Johnson offered Ordinance No. 811-A22 for Second Reading and moved its adoption as' follows: ORDINANCE NO. 811422 (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRI)-3). AN O~INANCE AMENDING THE ZONING ORDINANCE THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. is enlarged by the addition of the following properties: "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following properties: All that part of the following described tract: west 1/4 of Section 31, Township 117, Range 21, described as follows: Commencing at a point on the FJest line of said section, 529.68 feet North of the Southwest corner thereof; thence East to a point 528.12 feet North of the South line of said section as measured along a line drawn parallel to and 824.94 feet East-of the West line of said section; thence continu- ing East to a point 543.07 feet North of the South line of said section measured along a line drawn parallel to and 990 feet West of the East line of said Southwest 1/4; thence North along said parallel line 543.07 feet; thence West to a point on dhe Vest line of said Southwest 1/4 distant 1059.36 feet North of the Southwest corner of said Southwest 1/4; thence South along the West line of said section to the point of beginning, according to the U. S. Government Survey thereof, which lies Easterly of a line parallel with and 80 feet Easterly of the following described line 1, and Easterly of a line parallel with and 40 feet Efasterly of the following described line 2. 6, Township 116, Range 21; thence South 870 24' 02" East a distance of 693.43 feet; thence North 460 21' 27" West a distance of 612.62 feet to the actual point of beginning of Line 1; thence continuing North 46' 21' 27" West a distance of 35.51 feet; thence along a tangential curve to the right with a radius of 954.93 feet (delta angle 24' 25' 45") a distance of 214.49 feet to the ,termination of line 1 and the actual point of beginning of line 2; thence continuing Northwesterly along said curve a distance of 192.66 feet; thence North 21' 55' 42'' West along tangent to last described curve a distance of 500 feet and there terminating. For the purpose of this description, the FJest line of the Northwest 1/4 of the aforesaid Section 6 shall be designated as having an assumed bear- bec. 2. Paragraph 4 of Section 5 of Ordinance No, 811 of the Village That part of the South- Beginning at the Northwest corner of Section - , ing of the North 04O 19' 05" West.## This ordinance.shal1 be in full force,and effect upon:its pass- age and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes and ATTEST;." ,, . - . .. , ,- -.;, .-' - - ORDINANCE NO. 811rA26 CONTINUED TO MAY 1, 1972. 'No. 811-A26', recalling that, at the hearing conducted on February 28, 1972, Council had granted preliminary approval of the development but had denied Mr. Harold Posnick's petition for more than 82 units. the minutes of February 28, 1972, should be amended to include preliminary approval of the development and First Reading of the rezoning ordinance as follows : Mr. Luce presented Ordinance Mr. Erickson advised that ORDINANCE NO. 811-A26 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Edina is amended by adding the following thereto: Section 1. Paragraph 4 of Section 5 of Ordinance No. 811 of the Village 5.4: 4/ 17 /7 2 "The extent of Planned Residential District (PRD-3) is hereby enlarged Tracts A and B, Registered Land Survey No. 1126, files of Registrar of Titles, County of Hennepin, except that part of said Tract B lying Southerly and Westerly of the following described line; Beginning at most Southerly corner of said Tract Be; thence Norhtwesterly at an angle of 12O.00' as turned Northerly from the South line of said Tract B, a distance of 665 feet to a point of curve to the right with a radius of 295 feet and a delta of. 77O 30'; thence Noethwesterly and Northerly along said curve a distance of 399.03 feet to a point reverse curve to the left, said curve to the left having a radius of 145 feet; thence Northerly along said curve to the South line of County Road No. 158 (Vernon Avenue) and there tednating. Except that part of said Tract B which lies Northwesterly of the follow- ing described line: aforedescribed line; thence Southerly albng last described course of said Tract A distance of 20 feet to actual point of beginning of the line to be described; thence Northeasterly to a point on the South- easterly right-of-way line of County State Aid Highway No. 158 (Vernon. Avenue) distant 30 feet Northeasterly of the point of commencement (as , measured along the Southeasterly right-of-way line of said County State Aid Highway No. 158) and there terminating, which is in sub-district . PRD-3. ) Sec. 2. by the addition of the following described property: Also Commencing at the point of termination of the This ordinance shall be in full force and effect upon its passage and publication. Mr. Luce then recommended that Second Reading be continued to $fay 1, 1972, .whereupon Councilman Johnson's motion continuing the matter as recommended by Mr. Luce was seconded by Councilman Shaw and carried. HARRIET PARK ADDITION STREETS VACATED. Clerk, approved as to form and ordered placed on file. petition of Yorktown Investment Co., Inc., for vacation of Harriet Park Addi- tion streets which are located within the Yorktown plat. heard, whereupon Councilman Courtney offered the following resolution and moved its adoption: Affidavits of Notice were presented by Mr. Luce presented the No objections were . L RESOLUTION VACATING STREETS IN HARRIET PARK ADDITION IIDREAS, two weeks' published, posted and mapled notice of a hearing to be held 6n April 17, 1972, at 7:OO p.m., on the proposed street vacations here- inafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described streets, all as platted and of record in the office of the Register,of Deeds in and for Henn- epin County, Minnesota, be and are hereby vacated: 11. 72nd Street, W, 73rd Street, Ewing Avenue, Drew Avenue and Chowen 'Avenue as described and located in Harriet Park Addition, all lying East of a line 50 feet Eastof the center line of County Road 17 Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. . SHADY LANE AND HAZEL PLACE STREET VACATIONS AUTHORIZED. were presented by Clerk, approved as to form and ordered placed on file. Luce presented Shady Lane and Hazel Place for vacation, noting that these streets are now included QLthin Lake Cornelia Park, No objections being heard, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION VACATING SHADY LANE AND HAZEL PLACE Affidavits of Notice Mr. WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on April 17, 1972, at 7:OO p.m., on the proposed street vacations herein- 'after described has been given and made and a hearing has been held thereon by the Village Council: "NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described streets, at1 as platted and of record in the office of the Register of Deeds in and for Henn- * . epin County, Minnesota, be and are hereby vacated: I Hazel Place and Shady Lane as described in Block 20, Normandale Addition. - 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. 4/ 13 / 7 2 TRUCK BIDS AWARDED. Mr. Hyde presented tabulat-on of six bids received in response to Advertisement for Bids in the Edina Sun on March 9 and in the Con- struction Bulletin on March 9 and 16, 1972. Tabulation showed International Harvester Company low bidder at $14,140 €or two trucks and Town & Country G.M.C. second law bidder at 15,702 for two trucks. Other bids were received from G.M.C. Truck & Coach Division, Bill Boyer Ford, Town's Edge Ford and Midway- Ford. has been purchasing Dunn bodies because it was felt that their extra quality has been worth the approximately $200 extra cost. He added that the Village has been assured that the Standard Garwood Body can be Eeefed up to meet speci- fications and recommended that they be given the opportunity to perform on one of the& units. vester, recommended bidder was then seconded by Councilman Johnson and carried. SAND, BITUMINOUS MATERIAL AND ROCK BIDS AWARDED. Mr. Hyde presented tabulation of eighteen bids received in response to Advertisement for Bids in the Edina Sun on March 9 and in the Construction Bulletin on March 9 and 16, 1972. Tabu- lation showed: Concrete Sand: (delivered) Northwestern Gravel, low bidder at $1.60; Jeffries Construction, $1.65; Hedberg & Sons, $1.83; W. G. Pearson, $2.15; Ed Kraemer & Sons,( $1.80; Buesing Brothers, $1.65; Alexander Construc- tion, $2.20; Buck Shot FA-4: (delivered) Northwestern Gravel low bidder at $2.60; Ed Kraemer & Sons, $3.00; W; G. Pearsoii, $3.40; Course Aggregate: (delivered) $3.60; Northwestern Gravel, $3.00; W. G. Pearson, $3.35; Alexander Construction, $3.60; Bryan Dresser, $3.05; Gravel Base: (delivered) W. G. Pearson, low bidder at $1.80; Jeffries Constructisn, $3.60; Northwestern Gravel, $3.00; W. G. Pearson, $3.35; Alexander Construction, $3.60; Bryan Dresser, $3.05; Limestone C-A-5: (delivered) Ed Kraemer & Sons low bidder at $2.25; Bryan Dresser, $3.05; Seal-Coat Chips: (delivered) Bryan Dresser low bidder at $6.26; Midwest Asphalt, $6-70; Ready-Mix Bituminous: (pick up) Riegger Roadways, low bidder, at $5.50; Bury & Carlson, $6.00; Northstar Asphalt, $6.20; Alexander Construction, $5.60; Midwest Asphalt, $6.25; Minnesota Valley Surfacing, $5.85; Cut-Back Asphalt #3152: '(pi'ckzup) Barber, $0.1349 ; Koch Refining, $0.1350 ; Cutl-Back Asphalt if3156 : (pick up) Richards Oil, low bidder at $0.1425; W. H. Barber, $0.1474; Koch Refining, $0,1475. and carried awarding to low bidder in all cases except the bid for Ready Mix Bituminous ability for pick up. Mr. Dunn pointed out that for the past four or five years, the Village Councilman Courtney's motion awarding to International Har- - Ed Kraemer & Sons low bidder at $2.50; Jeffries Construction, Richards Oil, low bidder at $0.1348; W. H. Councilman Courtney's motion was then seconded by Councilman Johnson in which case award was made to Midwest Asphalt based on the avail- R. V. BARTHELMY REQUEST MADE FOR &IMBURSEMENT FOR WATER DAMAGE. Council's attention was called to a letter from Mr. R. V. Barthelemy requesting reimburse- ment for damages caused to his basement when a watermain broke and his basement was flooded. Mr. Barthelemy who lives at 5500 Benton Avenue, advised that he had been told by the insurance company that the Village was not negligent and that they were not, therefore, responsible for damages incurred. Mr. Barthel- emy advised that his expenses included a bill of $311.00 for cleaning his carpet and rugs and cleaning furniture, appliances and walls. He added that the cost of recovering his couch would be $234.60 and replacing the shrunken carpeting would be $506.28, not including the possible cost of repairing his lawn if the yard should settle. break as well as three previous breaks. cannot pay for damages unless there is negligence on its part and that the Courts would not say that the Village had any moral obligation. Following considerable discussion, Councilman Johnson's motion that the Village Manager check with other municipalities to fidd out their policies in similar situations vas seconded by Councilman Courtney and carried. Mr. Barthelemy was asked by Mr. Hyde to furnish copies of all of his bills to the Village and was told that he had Council's sympathy in the mattec Discussion ensued as to the cause of the Mr. Erickson advised that Ghe Village JOSEPH E. ERICKSON REZONING HEARING DATE SET. As recommended by Mr. Luce, Councilman Courtney's motion was seconded by Councilman Shaw and carried, set- tiqg Blayj,, 1972, as hearing date for PRD-5 zoning for Outlot 2, Southdale Off ice. Park. SUBDIVISION As recommended by Mr. Luce, Councilman Courtney's motion was seconded by Councilman Shaw and carried setting May 1, 1972, as hearing date for preliminary plat approGal for Green Hills Addition and Mar-Barry Addition. HEARING DATES SET FOR PRELIMINARY PLATS. LOT 17, BLOCK 2, EDINA HIGHLANDS LAKESIDE. ADDITION was set for May 1, 1972, by motion of Councilman Courtney, seconded by Council- lot division hearing date man Shav and carried. - 4/17/72 HOUSIhG NEEDS COWITTEE FUNDS APPROVED. Mr. James Nelson, Chairman of the Housing Needs Committee, appeared in support of his letter to the Council requesting that Council authorize $750 so that the Housing Needs Committee will have funds for obtaining a speaker and also conduct a survey on why retired Edina residents move from the Village. Councilman Johnson, Mr. Nelson ad9ised that the Committee was not attempt- ing to bolster a concensus that had already been reached, adding that the * Committee is still very open minded. Mr. Hyde suggested that it would be possible to obtain listings from the Assessor's Office and send question- naires asking why people are moving from their homes.. Following some dis- cussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried granting the request of the Housing Needs Committee for $750.00 for obtaining varied opinions from local , regional and national experts. In reply to a question of INSURANCE LIMIT REVISIONS ~NTI~~D,FORL~ESTIG~TTON.-, Mr. Hyde advised Council that the Village Attcirney had questioned the adequacy of the liability insurance coverage required by the Village for certain profes- sional and business licenses. Councilman Shaw and carried, Chnfinuing the matter so that rates for gradu- ated amounts of insurance could be checked for cost. TWFIC SIGNAL AGREEMENT FOR T.H. 100 4'11. 50TH STREET CONTINUED. ing advised by Mr. Dunn that he has heard nothing further relative to the Traffic Signal Agreement for'the T.H. 100 - W. 50th Street intersection, Councilman Courtmy' s motion that the matter be continued indefinitely was seconded by Co;ncilman Shaw and carried. IMPROVEMENT FEASIBILITY REPORT ACCEPTED;' HEARING DATES SET FOR MAY 15, 1972. As recommended by Mr* Dunn, Councilman Johnson's motion setting hearing date 14 May 15, 1972, for the following improvements was seconded by Councilman Shaw and carried: Grading and Graveling, Permanent Strekt Surfacing and Concrete Curb'and Gutter, and Sanitary Sewer in Lincoln Drive; Storm Sewer in Richmond Hills and in rear of 5036 Juanita Aue; Bituminous Walk along County Road 158 and Gleason Road from County Road 62 to South drive of Jerry's of Edina Food Market. Councilman'Johnson was told by Mr. 'Dunn that the County had not agreed to put in the walkway along Vernon Avenue, where- upon, Councilman Johnson offered the following resolution requesting *State- Aid funds for the project and moved its adoption: Councilman Johnson's motion was seconded by Upon be- RESOLUTION APPROPRIATION OF MUNICIPAL STATE-Au) FUNDS TO SUPPLEMENT C.S.A.H. PROJECTS VHEkEAS, it has been deemed advisable and necessary for the Village of Ediria to supplement construction prdjedts 'located on C.S.A.H. No. 158 within the limits of said municipality by the construction of bituminous walkway on portions thereof; and b WHEREAS, said construction projects have been approved by the Department of Highways and5dentified in its records as S.A.P. No. 27-758-01 C.T.B, and S.A.P. NO, 27-758-02 C;T.B.; NOW, THEREFORE, -BE IT RESOLVED':' Municipal State-Aid Street Funds the sum of $26,425.50 to supplement.the construction of said projects and request the Commissioner of Highways to approve this authorization. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. That we do hereby appropriate from our BIDS TO BE TAKEN FOR VARIOUS PROJECTS. man Johnson offered the following resolution authorizing taking bids for vari- ous projects and Moved kts adoption: As recommended by Mr. Dunn, Council- RESOLUTION APPROVING PLANS AND SPECIFICATIOJ@ I FOR PROPOSED IMPROVEMENTS- AND FOR VARIOUS PROJECTS The plans and specifications for the improvements set forth in the follow- DIRECTING ADVERTISE MEW^ FOR BIDS BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. ing Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2'. Bulletin the following notice of bids for improvements: The Clerk shall cause to be published in the.Edina Sun and Construction (Official Publication) VILLAGE OF EDINA' HENNEPIN COUNTY, MINNESOTA ADYEIZTISEMENT FOR BIDS 2- 'CEMENT CONCRETE. ALLEY 'PAVING IMPROVEMENT NO. E-27 4/17/72 . TENNIS COURTS AND CMIN LINK FENCE PLANT MIXED BITUMINOUS.BICYCLE PATHS IMPROVEMENT NO. BP-1 CONCRETE REPLACEMENT GRADING FOOTBALL FIELD IN BRAEMAR COMPLEX BIDS CLOSE APRIL 28, 1972 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 W. 50th St,, at 11:OO a.m,, Friday, April 28, 1972, to con- sider said bids for the construction of Portland Cement Concrete Alley P'aving, Tennis Courts and Chain Link Face, Plant Mixed Bituminous Bicycle Paths, Concrete Replacement and Grading Football Field in Braemar Complex. lowing are approximate quantities of major items: PORTLAND CEMENT CONCRETE ALLEY PAVING (IMPROVEMENT NO. E-272 X/Y 6" Non-Reinforced Concrete Alley Paving The fol- 975 320 C/Y, Excavation 120 Tons, Class 5 Gravel TENNIS COURTS AND CHAIN LINK FENCE Construction of two Bituminous (Laykold) Tennis Courts and Appurtenances, dnd furnish and erect Chain Likk Fence (Aluminum or Galvanized Steel) and Appurtenances for the two Tennis Courts to be located in Cornelia Park. \ - PL!SmT MIXED BITUMINOUS BICYCLE PATHS (IMPROVEMENT NO. BP-1) 410 Tons, M.H.D. 2341 Bituminous Mixture plus Filler for Bicycle Paths 1900 Tons, 3/4" minus Burma Rock 2300 C/% Excavation 1000 S/Y , 6" Thick Non-Reinforced Concrete Pavement Replacement S/Y, 8" Thick Non-Reinforced Concrete Pavement Replacement CONCRETE REPLACEMENT 300 GRADING FOOTBALL FIELD IN BRAEW COMPLEX Work must be done as described. office of the Village Clerk. deposit of $25-00 (by check). plans and specifications with a bona fide bid. less sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. 8000 C/Y, Common Excavation in plans and specifications on file in the Said deposit to be returned upon return of the No bid will be considered un- Plans and specifications are available for a The Council reserves the right to reject any or all bids. FLORENCE B. HALLBERG Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. YORK AVENUE CONDEMNATION AUTHORIZED: VILLAGE MANAGER APPOINTED TO SERVE ON 494/100 TASK FORCE. Mr. Hyde recalled that one of the recommendations of the D.M.J.M. Report was that the 494/100 Task Force Ee expanded to include admin- istrators and policy makers of participating agencies. Village staff had met with Mr. Kloster, Hennepin County Engineer and with Mr. Lee, Director of Public Works for Hennepin County and that they seem to be receptive to designating York Avenue as County Road 31, once it is dedicated and improved. demnation proceedings, if necessary, to acquire right-of-way for York Avenue. Mr. Hyde mentioned that the Transit Commission is cons$.dering coordination of its system with suburban school routes. Councilman Shawls motion authorizing the..Village Manager to explore the acquisition of necessary right-of-way and the possibilities of condemnation of York Avenue right-of-way was seconded by Councilman Courtney and carried. ager be appointed Edina's administrative member of the expanded task force. Motion was seconded by Councilman Shaw and carried. TOMA INVESTMENT COMPANY RESTRICTIVE COVENANT MODIFIED. Mr. Luce recalled that at the time Ordinance No. 261-210 rezoning the Johnson property was adopted on August 3, 1970, certain deed restrictions had been made. The property has now been sold to Toma Investment Company who plan to build condominiums on the site and who have requested modification of the deed restriction. The existing deed restriction calls for buildings to be two stories high at the West end and three stories high on the East end. wishes to modify the deed restriction so that they can construct their buildings with three stories at each end with a two story recreation building in the mid- dle, Councilman Johnson offered the following resolution and moved its adoption: He added that the Mr. Hyde requested permission to negotsate and commence con- Mr. Johnson then moved that the Village Man- Up.on being advised that Toma Investment Company , RESOLUTION BE IT RESOLVED that the Edina Village Council authorize modification of the - deed restriction as recorded in the office of the Register of Deeds as Document No. 3915247 so that a three story building nay be constructed at each end with I 5.a ... 4/17/72 J a two story recreation building in the middle,of the complex, Motion for adoption of the resolution was secondedtby Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted . CABLE TELEVISION RESOLUTION OF INTENT ADOPTED. Mr. Hyde called Council's attention to a "Resolution of IntentnB adopted by the City of St. Louis Park calling for the.formation of a.joint.powers agreement to form cooperative Cable Television and Communications systems, whereupon Councilman Courtney ' offered the following resolution and moved its adoption: RESOLUTION OF INTENT TO EN'fER INTO A JOINT PCXJERS AGREEMENT TO FORM A MUNICIPAL CABLE WHEREAS, the Village of Edina has determined that there is a need by muni- TELEVISION AND COMMUNICATIONS SYSTEM cipalities in the State of Minnesota for a coordinated approach to meeting municipal needs for Cable Television and Communications systems; and WREREAS, it is determined by this Council that the development of fully compatible cable comrnunications systems, as opposed to individual cable systems developed with 1imited.or non-existent compatibility, is an object- ive of this and other municipalities; and WHEREAS, it is the intent of-the Village of Edina'to provide a cable communi- cations systems capable of serving present and future needs of the residents of this municipality; and WHEREAS, Section 471.59, Minnesota Statutes, authorizes joint exekcise by two or more public agencies of any power common to them; aqd WHEREAS, it is the desire of the Village of Edina to jointly provide for franchisement of Cable Television and Communications Systems for mutual advantage, benefit ,and concern; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that it hereby expresses the intent to secure the formation of a joint powers agreement to form cooperative Cable Television and Communications systems; and BE IT FURTHER RESOLVED that the Village lknager is hereby appointed the representative of this Municipality to serve on a Joint Powers Drafting Committee. Motion for adoption of the resolution was second-ed by Couhcilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. LOCAL GOVERNMENT INFORMATION SYSTEMS JOINT AND COOPERATIVE AGREEMENT AUTHOR- - IZED. Mr. Hyde called Council's attention to a proposed joint and cooperative agreement for local government information systems, the purpose of which is to provide for an organization through which the parties may jointly and coop- eratively provide for the establishment , -operationand.maintenance of data processing facilities and management information systems for the use and benefit of the parties and others, this agreement would be referred to as "LOGIS". .Councilman Shaw offered the following resolution and moved its adoption: He added that the organization created*by Following some discussion, RESOLUTION BE IT RESOLVED by the Edina Village Council that the Mayor Pro Tem and the Village IIanager be and that they hereby are authorized to enter-into "Joint -and Cooperative Agreement" which will provide for an organization through which the parties may jointly and cooperatively provide for the establishment, operation and maintenance of data processing facilities and management informa- tion systems for the use and benefit of cooperating parties. Motion for adoption' of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays.and the resolution was adopted. CLADS PAID. carried for payment of the following claims per Pre-List: $55,636.95; Constructidn Fund, $13,794.54; Park, Park Construction, Swimming, Golf, Arena, Gun, $17,617.41; IJater Fund, $3,647.18; Liquor Fund, $111,769.02; Sewer Fund, $2,676.32; Improvements, $34,716.58; Poor and PIR, $748.92; Total, $240,60 6.9 2. . Motion of Councilman Shaw was seconded by Councilman Courtney and General Fund, No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 8:15 p.m. f V - Village Clerk J