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HomeMy WebLinkAbout19720807_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON AUGUST 7, 1972 Members answering rollcall were Councilmen Courtney, Shaw, Van Valkenburg and Mayor Bredesen. MINUTES of July 17, 1972, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Van Valkenburg and carried. MRS. BERNICE JOHNSON RECOGNIZED UPON RETIREMENT. Mayor Bredesen noted the retirement of Mrs. Bernice Johnson who has worked for the Village for over twenty-five years. working so faithfully for every taxpayer in the community and extended his very best'wishes, Councilman Courtney then offered the following resolution - and moved its adoption: WJ33REAS, Mrs. Bernice M. Johnson has given many years of faithful service to the Village of Edina, serving in the Finance Department since December 1, 1946; and . WHEREAS, during the long years of dedicated, unselfish service, Mrs. Johnson has endeared herself to those with whom she worked with her willingness to assist others in any way possible; and WHEREAS, Mrs. Bernice M. Johnson has reached the age of retirement from the Village of Edina; NON, THEREFORE, BE IT RESOLVED that'the Mayor and Village Council express best wishes for a happy retirement and express also the most sincere appreciation for the excellent performance of Mrs. Bernice M. Johnson during the twenty- five years and eight months in which she served the Village of Edina; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon.the pages of the Minutes of the Edina Village Council and that a suitable copy be pre- sented to MRS, BERNICE M. JOHNSON upon her retirement. Motion for adoption of. the resolution was seconded by Councilman Van Valkenburg and carried. He complimented Mrs. Johnson on her outstanding 'record in , RESOLUTION OF! CONGRATULATIONS PARKING RAMP IMPROVEMENT NO. P-1 ASSESSMENT CONTINUED to August 21, 1972, by motion of Councilman Shaw, seconded by Councilman Courtney and'carried. GRADING AND GRAVELING IMPROVEMENTS C-102 AND C-113 AUTHORIZED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter set forth: A. CONSTRUCTION OF GRADING AM) CQI7L'C.UA'E APPJXGATION P-(2-102 IN THE FOLLOWING: Mr. Hyde presented total estimated construction cost at $156,057.44, propo-sed to be assessed at $33.48 per assessable front foot. Mr. Hyde recalled that this project had been the subject of a hearing on May 19, 1969,at which time total estimated construction cost was given at $271,194.98 and again on May 18, 1970, at which time total estimated construction cost was given at $59,325.00. Mr. Hyde further recalled that as a result of the May 19, 1969, hearing and others subsequent to it, the project was approved on May 18, 1970, on a reduced basis, based on the abutting property owners entering into agreements with the Village to remove their own material from the right of way. Agree- ' ments with enough of the owners' to allow the project to proceed had not been obtained as of January 1, 1972, and in order to facilitate'traffic movement in the area it was necessary Bo proceed with the project on the same basis as originally proposed. Mr. Hyde advised that bids had been taken on August 4 and the bids had come in at $90,743.QQ-;2 somewhat lower than the e'stimate. John Hedberg of Hedberg & Sons Co., 3725 W. 76th Street, recalled that his company had signed the agreement to remove their own material, but concurred with the Village'that there is a need for the improvement. He added that, because of the time element, he believed, that the only feasible way was to have an independent contractor remove the material. a portion of the project be assessed under a formula based gn the amount of material to be removed and to assess $t proportionate to how much benefit would be received from the material removed from the roadway. the balance of the improvement be assessed in the normal manner of front fobt- age. the ,Assessment Hearing, other property owners should receive credit far income already derived by Hedberg & Sons Company from the removal of material from their property. Councilman Shaw pointed out that Mr. Hedberg had advised him that the ,elevation is much the same now as compared to the elevation of the property to the East,. except for the area immediately adjacent to France Ave. where the cut was made for lowering France Ave. West 76th Street from France Avenue to Xerxes Avenue Mr. . Mr. Hedberg suggested that He proposed that Mr. Hedberg objected to Mayor Bredesen's suggestion that at the time of Mr. Erickson suggested that 8/7/72 if the contract is awarded, it should be awarded subject to obtaining slope easements. Mr. Hyde suggested that the record should indicate that an alter- nate assessment- formula had been developed by the Viilage Engineer which would charge abutting properties for stockpiled material' and which formula produced an alternate footage assessment rate of $14.76 and that a similar formula could be considered at $Ye assessment hearing. Councilman Courtney's motion was then seconded by Councilman Van Valkenburg and carried that the improve- ment be authorized with the understanding that at the assessment Hearing careful consideration should be given to Mayor Bredesen's suggestion of giv- r. 'ing credit for income derived'from the sale of material, to Mr, Hedberg's' suggestians and to the formula for alternate assessment method developed by the Engineer. B. . (See'Resolution Ordering Improvement later in Minutes.) CONSTRUCTION OF GRADING AND OIL COAT APPLICATION IMPROVEMENT NO, P-C-113 IN THE FOLLOWING: York Avenue from the South line of Yorktown Addition to the intersection of Xerxes Avenue and West 78th Street Mr. Hyde presented total'estimated project cost at $308,758.28, proposed to be assessed against 5,028 estimated assessable feet at $61.41 per assessable foot. He advised that discussions with the affected property owners has not condemnation will be necessary, Mr. Hyde added that costs and awards of the condemnation proceedings are difficult ta estimate ad zhat the esthate could be considerably in error, .?Mr, ZHydec Bdvjise&-'that 'the >lo@,:b&d on iihgrypto- iect:taken'-oniAugust 4, 1972, had been $35,043.50. Mr. Robert Engstrom said that he represents property owners on the West side of York Avenue from I?, 74th toJ?. 76th Street and expressed approval of the improvement. that it be noted that those whom he represents have been willing to enter into an easement arrangement if necessary. posed assessment on the grounds that a four lane highway which is to be con- structed will serve a much larger area than the properties proposed to be assessed. consistently throughout the Village and it is felt that the improvement will contribute to the value of the properties to be assessed, that his property runs parallel to York Avenue and that a four lane hoad wopld reduce the desirability of residential property. Mr. Engstrom's objections will be aonsidered at the assessment hearing. William Fink, representing Mr. Edward A, Sloane, said that his client does not object to the project>_but does object to taking more land than is necessary. way, Mr, Fink added that the benefit is to alleviate traffic on France Avenue and that property owners should not have to pay the entire cost of the project. Mr, Dunn pointed out that the &erline of York Avenue as laid out in Yorktown did not match exactly the division line between the two properties so that an average of 10% feet more is being taken from the SlDand property on the East side, He explained that it was pzopo8ed.:this way so as" to prevent putthg a twelve footJkink8' in York Avenuei Mr. Fink said that his client would object to the condemnation action also on the basis that more of Mr. Sloane's will be taken than is necessary for the improvement. and-that this action will delay the condemnation. Mr, Robert Page, 7745 Xerxes.Avenue, Richfield, asked if anything will be done to control the traffic flow and noise of the addit'ional traffic. Mr, Dunn advised that' he has been working with the City of Richfield and has prepared alternate plans, one which will connect Xerxes into the new York Avenue and the other which would have a cul-de-sac. Mayor Bredesen suggested that it might be helpful for Mr, Page's property if Xerxessame into York Avenue about 150 or 200 feet North of the Page property. FoJlowing considerable discussion, Councilman Courtney's motion authorizing the improvement was then seconded by Councilman Shaw and carried. Courtney then offered the following resolution and moved its adoption: resulted in granting of any of the necessary easements and so it appears that ._ He asked Mr, Engstrom objected to the pro- Mayor Bredesbn explained that the proposed-method has been used Mr. Engstrom added Mayor Bredesen advised that Mr. '.He urged that sixty feet be taken from each side of the street for right of Councilman RESOLUTION AUTHORIZING IMPROVEMENTS NOS. C-102 AND C-113 BE IT WSOLVED by the Council of the Village of-Edina, Minneeota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the follow- ing proposed improvements : 2, 2. CONSTRUCTION OF GRADING AND 0IL.COAT APPLICATION IN THE FOLLOWING: West 76th Street from'France Avehue South to Xerxes Avenue South CONSTRUCTION OF GRADING AND OIL COAT APPLICATION IN THE FOLLOWING: York Avenue from the South line of Yorktowri Addition to the Intersection of Xerxes Avenue and West 78th Street and at the hgaring 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 8/7/72 the construction of said improvements including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improve- ments; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above GRADING AND 0IL.COA’D APPLICATION IMPROVEMENT NO. C-102 No. 2 Above I GRADING AND OIL COAT APPLICATION IMPRDVEEENT NO. C-113 and the area proposed to be specially assessed for Improvement No. C-102 abovd shall include Lot 5, Block 1, Lyndale Builders Addition; Lot 1, Block 1, Meadow Lane 2nd Addition; Parcels 2100, 2800, 3200, 3600, 4800, 5450, 6000, 6400, 6800, 7400, 8000, 8800 and 9200, Section 32, Township 28, Range 24; and. the area proposed to be assessed for Improvement No. (2-113 shall include.Parc cels 2100, 2400, 3200, 3600 and 9200, Section 32, Township 28, Range 24; and Lot 13, Block 1, Meadow Lane 2nd Addition. Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were four ayes and no nays and the resolution was adopted. . ORDINANCE NO. 811427 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the request of -First Edi’na National Bank’ for ’rezoning .of the-old Library site to Automobile Parking District and to C-2 Commercial District. Nr. Luce explained the proposal in relation to the fifty foot buffer strip. Mrs. Charlotte Hauck, 5029 Indianola Ave., was told that the bank would be getting all but fifty feet of the 140 feet of the old Library site. She questioned.also the valuation of the Parbury property which the bank is transferring to the Village in exchange for the old Library site, as well as the fact that the bank had offered $50,000 for sixty feet. that the‘ old library site and the Parbury property have both been given approx- imately the’same value by the Assessor. the bank getting more width on W. 50th Street is because originally the road was to be a public road and now is a private roadway and,will be taxable property. In reply to Mrs. Hauck’s contention that the bank is getting more property than agreed on originally with the vacation of Library lane, Mayor Bredesen pointed out that the Parbury estate is considerably larger than the Library site. He told,Mrs. Hauck that property.owners adjacent to the Par- bury property are pleased with the prospect of having a park 0-n the property, rather than tQwn houses that had been previously proposed for the site:- Mrs. .Hawk requested that the “record indicate that :a letter from MS. Hoising- ton dated September 5, 1969., to Maple Road property owners had stated that ”On Septedber 15, 1969, this entire property yill revert to.Lund Kruse. is a good chance that the entire property will be rezoned for apartments, offices or parking and any such uses will require substantial excavation and clearing of trees. made a very serious mistake in not waiving the restriction.” Village Attorney Erickson commented that the word “reversion” first appeared in an opinidn written by his office relative to questions asked by the Council as to what is the legal status of the title of that property. the time was that the property might revert but that possibility was’later that that issue was brought’out and was decided in the court case. ‘ The other comments about what might happen to the property is one of the many things that could have happened in connection with the development of this property because, had it reverted, it would no longer have been under the control of the Village and he was merely bringing out the possibilities that might: result from 1oss.of control by the Village. Mr. Erickson clarkfied that when the opinion was originally written by his office, they opined that it was a possibility that there might have been a reversion to the owners when the use of the property for library and park purposes ceased. Mr. Erickson added that the question now being raised by Mrs. Hauck was raised’by the attorneys for the homeowners in the action and that it was resolved in favor of the Village. Mrs. Hauck was advised that landscaping along W. 50th Street by the parking lot would be planted and maintained and that cars driving South on Halifax Avenue could turn, from Halifax on to W. 50th Street. She said that she had no objection to the proposed zoning. offered Ordinance No. 811-A27 as follows for First Reading: Affidavits of Notice were pre- Mr. Hyde explained He added that one of the reasons for : - There I This site will not remain as it is nQw. I think you have One 6f the possibilities at Mr. Erjckson added -- found not to be available and reversion would not exist. - Councilman Van Valkenburg then .ORDINANCE NO. 81l-A27 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE AUTOMOBILE PARKING DISTRICT AND TO THE C-2 COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOT+$, ORDAINS: Section 1. Paragraph 1 of Section 6 of Ordinance No. 81 is amended by adding the following thereto: of khe V llage I 152. 8/7/72 "The extent of the Augomobile Parking District is enlarged by the addition All that part of Lot 9, Block"1, Lund Kruse AddLCion, lying East of the Eas-t line of Lot 5, Block 1, said Addition, extended South to the South line of said Lot 9, and lying West of the East 20 feet of said Lot 9 aq measured at right anglFs to the East line thereof." Se&ion 2. is -&ended by adding the following thereto: "The extent of the Commercial District is enlarged by the addition of the following properties: The East 20 feet of Lot 9, Block 1, Lund Kruse Addition, as measured at right angles to the East line thereof,which is in subdistrict C-2; All of vacated Library Lane as platted in the plat of Lund Kruse Addition, which is in subdistrict C-2.l' Sec. 3; of the following properties: .. Paragraph 3 of Section 9 of Ordinance No. 811 of the Village This ordinance shall be in'full force and effect upon its pass- age and publication, LOTS 29 ~ 30, WARDEN ACRES R-2 ZONING REQUEST DENIED. were presented by Clerk, appr6ved.as to form and orderBd placed on ;ffle. ZuCe pfesented the petition of Mr. 'Stephen N. Lisle for rezoning of Lot 30 and part of Lot 29, Warden Acres, from R-1 Residential District to R-2 Multiple Residential District, noting that if the rezoning is granted an existing house would be removed from the site. representing Mr. Lisle, showed slides of the neighborhood and of the site under consideratcon and said that the removal of the existing house and construction of the proposed double bungaloEwould make an improvement to the area, R. V. Barthelemy, 5500 Benton Ave., said that she had been in favor of the pro- posal until it was brought out that a road would be constructed for access to the proposed buildings. would be the best use for the property, primarily because of the lay of the land and the fact that the land is heavily wooded, members of the audience that if this zoning request would be made for other older properties in the area. proposed zoning were Mr, Everett Melvin, 5511 Benton Ave,, and Mrs. Harold Nordby, 5520 Benton Avenue. Mr. Lisle said that he would give up his double bungalow to the North rather than grant a twenty-five foot easement to the Village. the property to the North is.deueldped, a road will be constructed along the rear of Mr. Lisle's property to,serve that area. Mr. Hyde said that neither of the proposed replats to the North included any R-2 zoning. Councilman Courtney said that R-2 zoning for the double bungalow in which Mr. Lisle lives was granted because it.was next to the railroad tracts. Mr. Courtney's motion was then seconded by Councilman Van Valkenburg and csrried that the rezoning be denied an the basis that the area contains all single family dwellings, with the exception of the double bungalow which Mr. Lisle already owns. On rollcall there were three ayes with Mayor Bredesen voting "nay" because he felt that he would rather save the trees on the property than to have four houses built and lose the trees, and the zoning was denied. ORDTNANCE NO, 8El-A28*GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 811428 forMFirst-Reading, noting that this ordinance has been proposed at the request of Councilman Van Valkenburg to prevent the frequent requests for re-hearings of zonings which hade been recently denied. Councilman Van Valk- enburg then offered Ordinance No. 811-A28 for First Reading as follows: Affidavits of Notice Mr, . Mr. Fred Hoisington of Brauer & Associates, Mrs. Mr. Lysle urged the rezoning, stating that R-2 zoning Fear was expressed by should be approved; the same Objecting to the Mayor Bredesen said that everyone should be aware that some day when ' ORDIIhCE NO. 811-A28 AN ORDINANCE AMENDING THE ZONIXG ORDINANCE (NO. 811) TO RESTRICT THE RIGHT TO TRANSFER LAND TO ANOTHER DISTRICT AND TO ALLCN ATMINISTRATIVE OFFICIALS TO APPEAL TO THE COUNCIL FROM DECISIONS OF THE BOARD OF APPEALS AND Az)JUSTMENTS THE VIUAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Pugraph (d) of paragraph 6 of Section 12 of Ordinance No. 811.is hereby amended by addhg thereto an additional paragraph as follows: Section 1. Restriction on Transferring Land to Another District. Sub- "After the Council has denied the transfer of a parcel of land to another district, the owner or owners thereof may not file another peti- tion for the transfer of that same parcel of land, or any part thereof, to the same district to which the transfer-was previously denied, for a period of twelve full consecutive calendar months following such denial, and the Planning Department shall not accept any such petition during such period. and acted upon pursuant to paragraph 6 of Section 12 of Ordinance No. 811 if so directed by the Council after presentation to the Council of evidence of a change of conditions or other new evidence, affecting the Provided, however, that such petition may be filed, accepted 8/7/72 P rcel f land, tis fact ry to the Council. Such presentation t the Council shall be made at a meeting held pursuant to published and mailed notice given in the same manner as set_*out in subparagraph (g) of para- graph 6 of Section 12 of Ordinance No. 811; written views of all interested persons-, the Council'shall make its decision at the same meeting or at a specified future meeting thereof.'* Sec. 2. Appeals by Administrative Officials. The last sentence of Sub- After hearing the oral & paragraph (f) of paragraph 6 of Section 12 of Ordinance No, 811 is hereby amended to read as follows: "(f) The appellant or petitioner, or administrative official whose order ' or determination was appealed to the Board may within 45 days file with the Village Clerk an appeal to the Council from the decision of the Board." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication, I LIBRARY ROAD STREET VACATION CONTINUED TO AUGUST 21, 1972, by motion of Council- man Van Valkenburg, seconded by Councilman Shaw and carried so that it can be considere-d at the same time as Second Reading for Ordinance No. 811-A27. HOPKINS ROAD STREET VACATION APPROVED. Clerk, approved as to form and ordered placed on file. Affidavits of Notice were presented by Mr. Luce presented the request for the vacation of a portion of Hopkins Road, noting that it is a small triangle not over 600 square feet and of use to no:one but the abutting property owner. offefed the following resolution and moved its adoption: No objections were heard, whereupon Councilman Van Valkenburg RESOLUTION VACATING A PORTION OF HOPKINS ROAD WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on' August 7, 1972, ;2t 7':OQ p.m., an the proposed street vacation hereinafter . described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Huphins Road, all 'as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesot'a, be and is hereby vacated:,. .. c That part of Hopkins Road lying Easterly of the Northerly extension across sfaid road of the Easterly line of Block 1, Grand View Heights, Hennepin County, Minnesota, and lying Northwesterly of a line run par- allel with and distant 30 feet Northwesterly of the following described line : From a point on the East and West Quarter line of Section 28, Township 117. North, Range 21 r?est distant 201.86 feet West of the East Quarter corner thereof, run Southwesterly at an ang'ke of 96O 39' l3" with said East and West Quarter line for 618.38 feet; thence deflect to the left at an angle of 130 18' 55" for 468.97 feet; thence deflect to the right at an angle of 61° 23' 45;' for 270.49 feet; thence deflect to the right -on an So 00' curve (delta angle 12O 39' St*) for 158.14 feet; thence on tangent to said curve for - 101.83 feet; thence deflect to the right at an angle of 1130 _- 23' 45" for 393.28 feet to the point of beginning of the line to be described; thence deflect to the right at an angle of 90' for 111.32 feet; thence deflect to the left on a 40° 55'32'8 curve (delta angle 58' 19' 50") for 142.53 feet; thence deflect to the left on a 14O 19' 26" curve.(delta angle 43' 06' 32';) for 300.96 feet and there terminating. 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. LOT 5, BLOCK 4 SOUTHDALE ACRES LOT DIVISION APPROVED. Affidavits of Notice were presdnted by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition to divide off'a sliver of land five feet wide along Barrie Road at W, 66th Street for tax and mortgage purposes. He clarified that although the property was originally retained by Dayton Development, there is now no value to Lot 5. Valkenburg offered the following resolution and moved its adoption: No objections,were heard, whereupon Councilman Van RE SOLUTION WHEREAS, the following described property.is at present a single tract of .' land: WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 5, Block 4, Southdale Acres; and Lot 5, Block 4, Southdale Acres, except the Southerly 268 feet thereof, and ; 8/7/72 The Southerly 268 feet of Lot 5, Block 4, Southdale Acres; and .. WHEREAS, it,has been determined that compliance with the Subdivision and Zoning sad e 6arcets ulat'ons as of separate the Villa trgcts e of o Eqna and will o no cEe~~~~~e~~~~~s~~a~ of the Subdivision and Zoning Regulations as Contain€? In the v1 lage Edina Ordinance Nos, 811 and 801; -. NOW, 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 conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinance of the Village of Edina or with the prior approval of this Council as may be provided for by those ordi- nances . Motion for adoption of the resolution was deconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolut,ion was adopted. . . I. BIDS CONTINUED FOR ROUSHAR ROAD IMPROVEMENTS. Councilman Van Valkenburg's motion continuing the award of bids for San- itary Sewer Improvement No. SS-305, PaTt of Watermain Improvement No. WM-270, Part of Watermain Improvement No. IJM-278 and Grading and Graveling Improve- ments Nos. C-112 and C-'112A (Proposal A) to August 21, 1972, was seconded by Councilman Courtney and carried. BIDS AWARDED FOR SANITARY SEWER 303, WM-275 and ST.S.-132, Mr. Hyde presented tabulation of three bids received in response to Advertisement for Bids pub- lished in the Edina Sun and Construction Bulletin on July 13, 20 and 27, 1972, Tabulation showed Barbarossa & Sons, Inc., low bidder at $85,919.44,-6; L. Contracting, Inc., at $111,752.28, Minn-Kota Excavating, Inc., at $118,246.40 against Engineer's Estimate of $120,986.55 fo6 Proposal .Be Council concurred with Mr. Hyde's recommendation that Sanitary Sewer Improvement SS-303 assess- ments on parcels not presently having access to public streets be deferred until such time as these parcels become buildable. motion for award to recommended low,bidder, Barbarossa & Sons, Inc., was then seconded by Councilman Oourtney and carried. GRADING & GRAVELING IMPROVEMENTS C-102 AND C-113 BIDS AWARDED. sented tabulation of seven bids received in response to Advertisement for . Bids in the Edina Sun and Construction Bulletin on July 13, 20 and 27, 1972. Tabulation -showed J. A,' Danens & Son, Inc. , low bidder at $125,786.50; Sellin Bros., Inc., at $137,250,00; C. S. McCrossan, Inc., at $162;426.00; and Minn-Kota Excavating-, Inc., at $3,297,834.00 against Engineer's Estimate of $164,450.00. Councilman Van Valkenburg's motion for award of bid to recom- mended low bidder, J. A. Danens & Son, was then seconded by Councilman Courtney and ~ carried. MElkE SMITH HEDGE PROBLEM NOTED. Mr.. Hyde called Council's attention to a letter-from Mr. and Mrs. Merle Smith, 4121 W. 45th Street, requesting that the Village take some action to prohibit hedge's which obstruct the view of the street while driving out of a driveway: Mr. Hyde said that he would have Mr. Smith's driveway check out to see if it Giolates the Clear View .Ordinance *and added that voluntary compliance with the Clear View Ordinance had not been forthcoming and that a fo&low-up would be made on letters already sent out. As recommended by Mr. Hyde, Councilman Van Valkenburg's Mr. Hyde pre- BROOKSIDE TERRACE WATERMAIN AND SANITARY SEWER PETITIONS REFERRED TO ENGIN- EERING DEPARTMENT. Mr. Hyde presented a petition for watermain and sanitary sewer for Brookside Terrace. and Mr. Charles D. Mertt, 4517 Brookside Terrace, urged that the improve- ments be installed as soon as possible since the well at 4517 Brookside Ter- 'race has already been out for three weeks. Mr. Hyde eglained that the Vil- lage has no right-of-way before the improvements could be installed. could obtain-a 100% petition, construction of the improvements might begin about the end of September. In reply to a questi'bn from the audience, Mr, Hyde advised that it would be necessa2.y to hook up to sanitary sewer within two years after the improvement is installed but-that there is no such requirement to hook up with watermain. the petition be referred to the Engineering Department and that the engineer- ing be accomplished as expeditiouSly as pos'sible was seconded by Councilman Shaw and carried. The property owner at 4425 Brookside Terrace in the area and that easements would be needed Residents were "told that if they Councilman Courtney's motion that . 8/7/72 Q a rc M M a KENNEY ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Luce presented Kenney Addition for final plat approval, noting that Developers' Agreements and parkland dedication have now been received, No objections being heard, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF * ' ~ENNEY ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota that that certain plat entitled %enney Additiont', platted by Charles A. Cox and Mary delen Cox, husband and wife, and by Harold I. Kenney, Jr. and Yvonne Kenney, husband and wife, .and presented at the meeting of the Edina Village Council of August 7, 1972, be and is hereby granted final plat approval. Motion for adaption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. STREET NAME CHANGE HEARfNG DATE SET. As recommended by Mr. Luce, Councilman Shawls motion was seconded by Councilman Courtney and carried, setting hear- ing dates for the following street name changes: .a . I. . I 1. W. 62nd Street to "Olinger Blvd." (West of Tracy Ave.) . 2. York Avenue between-W, 74th St. and W. 75th St., to "York Terrace" 3. Roushar Road to "Lincoln Drive" CURB INLET GRATES DESIGN RE-REFERRED TO TRAFFIC SAFETY COMMITTEE. Mr. Hyde called Council's, attention to a' letter from Mr. Gerald D.' Evans, 4737 Hibiscu-s Ave,, objecting to the design of curb inlet grates installed throughout the Village. bicycle wheel went'between the slots of the grate, thyowing him on the pave- ment and added that the insurance company of the Village had denied any rksponsibility on the part of the Village. the curb inlet grates in question and demonstrated how a bicycle wheel could' go.through these grates. approximately 500 of these grantes and that the same grates have been in- stalled in many other municipalities. Methods of eliminating any possible hazardawere discussed at length. Mr. Hyde noted costs which would be involved in cleaning and installing grates of a different design or making revisigns in the existing grates. Traffic Safety Committee was seconded by Councilman Courtney and carried. Mr. Evans was told that the Village could not force tlie insurance company to. pay any damages and that, by law, the bid must be awarded to the lowest responsible bidder. JOHN A. PATERA SUIT NOTED. which has'been filed against the Village as a result of an accident at the Municipal Swimming Pool on July 24, 1971. The matter has been referred to the Village Attorney and to the insurance company. Mr. Evans was present and said that his son was injured whefi a Mrr Dunn showed'Counci.1 one of Mr. Hyde indicated that the Village has installed Councilman Shawls motion re-referring the matter to the Mr. Hyde called Council's attention to a suit FIRE TRUCK AND WATER DEPARTMENT PICK-UP TRUCK BIDS AUTHORIZED by motion of Councilman Van Valkenburg, seconded by Councilman Shaw and carried. METROPOLITAN SEWER BOARD CAPITAL IMPROVEMENTS HEARING NOTED. Mr. Hyde called Council's attention to a letter from the Metropolitan Council advis- ing of a Public Hearing to be held on the Five Year Sewer Capital Improvements Program as an amendment to the Comprehensive Sewer Plan and Sanitary Sewers Section of the Metropolitan Development Guide for the collection, treatment - and disposal of sewage. Vi 1 lage . BINGO-LICENSE GRANTED FRANK LUNDBERG AMERICAN LEGION POST 282. Mr. Hyde advised Council of a request of the Frank Lundberg American Legion Post 282 to hold bingo games at the Edina American hgion Hall.each Friday from 8:OO p.m, to about 11:30 p.m. until they are able to move back in their own quarters which were badly damaged by fire. granting the license for a six month period was seconded by Councilman Shaw and carried. FRANCE AVENUE TRAFFIC STUDIES BY COUNTY DISCUSSED. Mr. Hyde advised Council of a letter from the Hennepin County Highway Department which advised that traffic studies indicated a need for installation of a traffic signal at the intersection of France Avenue and Parklawn Avenue, as requested.by the Village, and that such signals will be installed in 1973. The County Highway Depart- ment denied Council.'s request to lower the present 40 mile per hour speed limit, stating that such q reduction would.P'not contribute to the safety of the roadway, and would be unrealistic for conditions'@., taken. Mr. Dalen and Mr.. Dunn have been representing the Councilman.Courtney!s motion I No action was 156 I 8/7/72 . HOUSING NEEDS COMMITTEE QUESTIONNAIRE CONTINUED . Mr. West called Council ' s attention to a letter from Mr. James W. Nelson, Chairman of the Edina Housing Needs Committee, requesting approval of a questiqnnaire proposed to be sent out to all Village residents and -Village employees. motion was secondedby Councilman Van Valkenburg and carried continuing the'mat- ter to .August 21, 1972, so that costs of such LekteYsr could be detemined. YOUTH TASK FORCE PROPOSAL'CONTINUED. a memo from Mr. Kenneth Rosland relative to a proposed Youth Task Force. Councilman Courtney's Mr. Hyde called Council's attention to He -'- also called Council's attention to a letter from Mr. Erickson &th respect to the-legality of an approPriation of $1,500 for the Human Rights Comission to establish and operate a Youth Task Force whose activities would be to .employ a coordinator and create a."drop-intt center in Edina or become involved in exist-ing programs in surrounding communities. Mr. Erickson said that he does not-believe that the Human,Rights Commission would have any authority in this area under the language of the ordinance, except to assist in the implimentation of the program and not to carry out the program itself. He clarified that, by statute, all commissions and bodies which are created by the Council, with the exception,of the Board of Appeals, are advisory only and they have no functioning porver to carry on by themselves. These .commissions and boards are always carried on by the Villqe when authorized by the Council and funded by the Council. ,Mayor Bredesen pointed out that the Youth Task Force is a voluntary group that is n0t.a creature of the Council and does not want to be under the control of the Council. He added that the group was appointed by the Human Rights Commission which now proposes to give the Task Force $1,500 out of its budget and that tho-se, fkds are not theirs to give: Mrq. Ann Lewis, representing the Youth Task Force, said that the group was appointed by the-Human Rights Commission to carry out the task of creating a drop-in center such as Give and Take in St. Louis Park, and agreed that the group would not want to be under the control of the Village. arrangement such as St, Louis Park has,worked out with Give and Take. unidentified gentleman. in the audience suggested that Council could design- ate €hat its funds be used for hiring a consultant. pointed out that the consultant.would have to be under the control oE the Village. Force but cannot spend public funds without public control. siderable discussion, Councilman Van Valkenburg' s mo.tion, that the matter be continued to August 2-1, 1972, so that the Village Manager could obtain more information on Give and Take and similar groups in other municipalities, was seconded by Councilman Courtney and carried. Mys. Lewis urged that Council work out some An Mayor Bredesen then Cauncil concurred that they are sympathetic to the goals of the Task Following con- EOLLUTTON CONTROL AGENCY HEARINGS &TED. Mr. Hyde advised Council of notices of hearings called by the Minnesota Pollution Control Agency inRosemount and Duluty, neither of which affect the Village. .No action was takeG. ELECTION ' JUDGES APPOINTED FOR SEPTEMBER 12, 1972, PR1;llARY ELECTION. man Courhney'sSmotion 178s seconded by Councilman Van Valkenburg and carried approving a list of names of Election Judges proposed to be used €or the Primary Election of September 12, 1972, and granting the Village Clerk the authority to make additional appointments and changes as deemed necessary: PRECINCT NO. 1 - Shepherd of Hills Lutheran Church - Mesdames borothy Rich- ardson, Chairman, Jane Fleet, Hilda Handelman, Nuriel Clauson,-and Alice ~ Swanson, Alternate. PRECINCT NO. 2 - Edina Village Hall - Mesdames Bettie Stone, Chairman, Joyce &ason, Judith Sotebeer, Jean McDermit and Grace Gustafson, Alternate. PRECINCT NO. 3 - Wooddale School - Mesdames Marjorie Rossiter, Chairman, Evelyn Anderson , Marjorie McCall, Patricia Johnson and Jane Hawthorne, Alter- nate. *- PRE-CINCT NO, 4 - Moaingside Municipal Building - Mrs. Shirley Dibble, Chairman, Mesdames Alice Rose , Jeanette Lushine, Rachel Schoening and Ephie Volpe, Alternate. PRECINCT NO. 5 - Highlands School - Mesdames Henrietta Bartlett, Chairman, Elizabeth Mathews, Sue Holden Carol Ledder and Phyllis Cooper, Alternate. PRECINCT NO. 6 - Countryside School - Mesdames Myrle Kiichli, Chairman, Jane Baines, Barbara Casselman, Nancy Springer and Grace Callaghan, Alternate. PRECINCT NO. 7 - Normandale Lutheran Church - Mesdames Bess Brudelie, Chair- man, Marian Bailey, Doris Hartshorn, Barbara Mathison and Helen Peterson, Alternate . PRECINCT NO. 8 - South View Junior High School - Mesdames Audrey Berglund, ' Chairman,.Maxine Sanders, Constance Ryan', Betty Tripp and Elorence Freud- enthal, Alternate, 1 Council- 8/7/72 PRECINCT NO. 9 - Concord School - Mesdames Yvonne Ford, Chairman, Virginia Dash, Florence Bahneman, Josie Korthof and Jean Erdall, Alternate. PRECINCT NO. 10 - Creek Valley School - Mesdames Lorraine Hasselquist, Chair- man, Mary Bartz, Virginia Morris, Virginia Bodine and Shirley Moore, Alternate. PRECINCT NO. 11 - Cahill School - Mesdames Geneva Smith, Chairman, Charlotte Burns, Lucille Borchers, Anna Taggatz and -Gloria Thorburn, Alternate. PRECINCT NO. 12 - Cornelia School - Mesdames Adelle Olson, chairman, Phyllis Taylor, Diane Greensweig, Mary McDonald and Betty Kremer, Alternate. PRECINCT NO. 13 - Lutheran Church of the Master - Mesdames Catherine Kovar, Chairman, Patricia Harmon, Margaret Delaney, Kay Sptka and Nancy Davison, Alternate. PRECINCT NO. 14 - St. Peter's.Lutheran Church - Mesdames Ruth Volk, Chairman, Mary sane Platt, Jeanette Lund, Eelen Taylor and Carole Anaerson, Alternate. SENATE BILL 1861 DEPLORED. response from his letters to Senacors HumphEey and Mondale and to Representative Frenzel objecting to Senate' Bill 1861 which had been passed by the Senate extending minimum wages to municipalities and providing for overtime pay for firefighters for time over 180 ho!rs per month on duty. Following some dis- cussion, Councilman Courtney offered the following resolution and moved its adopt ion : WHEREAS, United States Senate Bill 1861, as passed recently and sent to the Mr. Hyie advised Council that he had received no - RE SOLUTION House of Representatives for consideration by a Conference Committee, extends ' Federal Minimum Wage coverage' to municipalities in contrast to the provisions of a House-enacted measure; and IJHEREAS, Senate Bill 1861 goes even farther by stipulating that overttme at time and one-half of regu1ar;hourly rates must be paid to firefighters and police for any duty in t,ime in excess of kours prescribed by the bill; and WHEREAS, detailed analysis of the effects of the Senate provisions indicates that ff they are enacted into law, the Village of Edina will be faced with an immediate annual increase of $85,000 for Fire Department salaries, and an annual increase of $207,000 in the fifth year to meet the Senate requirements; and WKEREAS, the minimum hourly rate of $2.20 would increase the cost of Park and Recreation Department salaries approximately $30,000 per 'year; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Village of Edina that strong opposition be raised to Senate Bill 1861, inasmuch as it represents an unwarranted intrusion by the Federal Government into local affairs, and because the,provisions of the bill would requir; either a drastic increase in taxes imposed upon property within. t'gre-village of Edina or a severe cutback in fire fighting protection and recreation and park services; and BE IT FURTHER RESOLVED that' the Mayor and'Counci1 of the Village of Edina support the provisions of the House of Representatives proposal which continues to exclude municipal gove&ment and requests the Senators and Representative concerned to endorse the House measure.. Mofion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. T.H. 100 FROMWILLSON ROAD TO VALLEY VIEW ROAD PLAN APPROVAL CONTINUED. Hyde advised Council that, although Council had approved Freliminary plans for T.H. 100 from Willson Road to Valley View Road, final plans had never been approved. Mr. Dunn advised that the State Highway Department is splitting agreements and pulling out; relocation costs from the recoverable costs and that these agreements should be ready for the August 21 meeting. Councilman Van Valkenburg's motion continuing the matter so that it could be considered at the same time as the other agreements was seconded by Counc.ilman Shaw and carried. TAM ROAD ZMEROYEPENTS HEARING DATES SET. As recommended by Mr. Dunn, Council- man Van Valkenburg offered the following resolution and moved its adoption set- ting August 21, 1972. €OK hearing date for public improvements proposed to be constructed in Tara Road: Mr. RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON TAW ROD IMPROYEMENTS NOS. P-C-114, P-WM-282, P-SS-308 AND P-BA-191 1. asrto the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk; 2. The Village Engineer, having submitted to the Council a preliminary report . This Council shall meet on Monday, August 21, 1972, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons 8/7/72 interested in said improvements. 3,. The Clerk is hereby authorized and directed to cause notice of the time, place a3d purpose of said meeting to be published in the official newspaper dnce a week for two successive weeks, the second of which publication.is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, IIINNESOTA NOTICE OF PUBLIC HEARINGS ' GRADING AND GRAVELING IMPROVEMENT NO. P-c-114 NATERMAIN IMPROVEMENT NO. P-WM-282 SANITARY SEWER * IMPROVEMENT NO. P-SS-308 PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER IMPROVEMENT NO. P-BA- 19 1 Edina Village Council will meet at the Edina Village Hall on Monday, August 21, 1972, at 7:OO p.m., to consider the following proposed improvements to be ~- ~ constructed under the authority granted by Minnesota Statutes, The approximate cost of said improvements are estimated by the forth below: .. 1. 2, 3. 4. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING.: IMPROVEMENT NO. P-C-114 ' Tara Road from Kemrich Drive North to cul-de-sac CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLL(XJ1NG : IMPROVEMENT NO. P-WM-282 Tara Road from Kemrich Drive North to cul-de-sac CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: IMPROVEMENT NO. P-SS-308 Tara Road from Kemrich Drive North to cul-de-sac CONSTRUCTION OF PERMANENT STREET SURFACING AfJD CONCRETE CURB AND GUTTER IN THE FOLLOWING: IMPROVEMENT NO. P-BA- 19 1 Tara Road from Kemrich Drive North,to cul-de-sac Chapter 429. Village as set ESTIMATED COST .r $13,314.56 , $ 4,920.94 $ 5,444.62 $ 6,512.97 The area pmposed to be assessed for the cost of the proposed grading and Graveling(2mprovement No. P-C-114) under 1 above and the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-191) under 4 above includes Lots 1, 2 and 3, Block 2, Kemirch Knolls and Lots 5 and 6, Block 3, Proposed 31.2. Johnson's Prospect Hills Second Addition. The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-IN-282) under 2 above and the proposed Sanitary Sewer (Improvement NO. SS-308) under 3 above includes Lots 1 and 2, Block 2, Rem- rich Knolls and Lots 5 and 6, Block 3, Proposed M. P. Johnson's Prospect Hills Second Addition. Florence B. Hallberg "* Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were fouq ayes and no nays and the resolution was adopted. TRAFFIC SAFETY COMMITTEE MINUTES OF AT3GUST 2, 1972 APPROVED. Minutes of the Traffic Safety Committee of August 2, 1972, were approved as submitted by mot- ion of Councilman Courtney, seconded by Councilman Shaw and carried. Mr. Hyde called Council's attention to the experimental stop sign on Dewey Hill Road at Shannon Drive. I RICHARD BARTHELEMl CI&M SETTLED. claims arising from damage to the home of Richard V. Barthelemy at 5500 Benton Avenue, which damage was caused by a broken watermain. Mr. Hyde advised Council of payment of all SOUTHERN METROPOLITAN AREA SITE URGED FOR NECESSARY AIRPORT. CoSncilman Courtney offered the following resolution and moved its adoption: RE SOLUTION WHEREAS, many residents of the Village of Edina are concerned with the air transportation industry, either as frequent users or as employees; and T.MEREAS, many persons chose Edina as the site of their homes because of the location of'the present Minneapolis-St. Paul International Airport; and 8/7/72 d w c-3 h WHEREAS, there is considerable conflict of factual evidence as .to whether an'd where additional air terminal facilities should be provided; NOW, THEREFORE, BE IT RESOLVED by the Village Council of.the Village of Edina that it declare its firm support of locating any needed additional major airport facilities in the southern portion of the metropolitan.. area in order' to eliminate the necessity of having new-air flight traffic patterns over the presently developed sections; and BE,IT FURTHER RESOLVED that copies of this resolution be sent to the Metro- politan Council, the Metropolitan Airports Commission, and all others con- cerned with the problem of determining whether and where new air terminal facilities are needed. Motion was seconded by Councilman Van Valkenburg and on' rollcall there' were .four ayes and no nays and the resolution was adopted. METROPOLITAN STADIUM SITE URGED FOR BLOOMINGTON. Councilman Courtney LA offered the following resolution and moved its adoption:' RESOLUTION WHEREAS, mair'y residents of the Village of Edina are frequent patrons of sport- ing events at Metropolitan Scadium; and WHEREAS, the Metropolitan Area Sports Commission has developed an extensive recreational complex at the present siee in Bloomington with little, if any, expenditures of public tax money; and WHEREAS,. the development of a new, specialized, expensive stadium removed from the Metropolitan Stadium complex could result in the need for taxing jurisdic- tions other than the City of Minneapolis to participate in its cost; NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that it support the expansion of facilities, if a true need exists, at Metro- politan Stadium on the same financial basis as used there previously, and oppose the development of financially unsound- projects elsewhere which conceivably might require a broadly based tax support; and BE IT FURTHER RESOLVED that copies of this resolution be sent to the Minnesota Vikings, the Minnesota Tytns, the North'Start Hockey Team, the Cities of Bloomington and Richfield, and the Metropolitan Sports Area Cowission. Motion for adopfrion of the'resolution was seconded by Councilman VanVaLkFnburg and on rollcall there were four ayes and no nays and the resolution was adopted, ORDINNCE NO, 1061-A1 ADOPTED. As recommended by the Village Attorney, Council- man Van Valkenburg offered the following ordinance for First Reading with waiver of Second Reading and moved its adoption: ' QaINANCE NO. IO6 1-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1061 TO REDEFINE PICKETING AND TO-DEFINE DWELLING AND TO PROHIT PICKETING OF 'DWELLINGS THE'VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 2 of Ordinance No. 1061 is amended to read as follows : terms are defined as follows: Sec. 2. Definitions.' For purposes of this ordinance the following "Picketing" - The standing, marching or patrolling by one or more persons in front of, or in, on or about the premises-of,any dwelling persuade an inhabitant of the dwelling or protest some action, attitude or belief of an inbabitant, also the standing, marching or patrolling by one or more persons in front of, br in, on or about the premises of any library, school, hospital or municipally-owned building within the Village of Edina, without the consent of the owners, for the purpose of persuading or protesting. - Those structures that are used only as a place of residence and wherein no person, other than persons residing-therein or domestic employees, is regularly employed. Sec, 2. Section 3 of Ordinance No. 1061 is amended to read as follows: Sec. 3. Picketing of Dwellings Prohibited. Picketing is pro- hibited in front of, or in, on or about, any dwelling in the Village. Section 3. - . within the Village of Edina, without the consent of the owners, to "Dwelling" .* This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance on rollcall there were four ayes and ATTEST: / 8/7 /72 , _. c ORDINANCE NO. 433 ADOPTED ON SECOND READING, Mr. Hyde presented Ofdinance No, 433 for Second Reading, along with letters from Roseville and Brooklyn Center, along with results of telephone calls from St, Louis Park and Bloomington as to how they are handling the requirements of the.new State Building Code in regards to the adoption of a mechanical code. My. Erickson pointed out that the State Code is mandatory and if the Village does-not adopt it, it will be imposed upon us and inspections will be made by someone other than-Village employees. Mr. Hyde said that if the ordinance is adopted, it will be neces- sary to have one more inspector to start with. ordinance as creating one more charge for contractors to pay. It was-pointed out that contractors are not opposed to this ordinance inasmuch as it would provide conformity in requirements of all municipalities. able discussion, Councilman Shaw reluctantly offered Ordinance No. 433 for . Second Reading and moved its adoption as follows: ORDINANCE NO, 433 Mayor Bredesen objected to the I Following consider- AN ORDINANCE ADOPTING THE MINNESOTA STATE HEATING, . VENTILATING, AIR CONDITIONING AND REFRIGERATION CODE, REQUIRING PERNITS , AND REGULATIN~ HEATING, VENTILATING, AIR CONDITIONING AND REFRIGERATION WORK IN THE VIW-E,. AND PRESCRIBING A PENALTY Section 1. Minnesota Heating. Ventilating, Air Conditioning and Refrig- T€E- VILIIAGE COUNCIL OF THE VILIAGE OF EDINA, NINNESOTA, ORDAINS: eration. Code' Adopted. reference as an ordinance of the Village, the Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code (hereinafter referred to as the Wechanical Code"), being a part of the Minnesota State Building Code as promulgated by the Department of Administration- of the State of Minnesota ' and filed with the Secretary of .State and the Commissioner of Administration of the State of Minnesota on January 6, 1972. "Official Copya', are on file in the office of the Clerk and shall remain on file for use-and examination by the public. The Clerk shall furnish copies of the Mechanical Code at cost to any person upon request, ' Sec. 3,. Permit Required. Each person before constructing, reconstruct- ing, extending * altering or repairing any heating,. ventilating, air conditioning or refrigeration work (hereinafter referred to, as "mechanical work") or installing any heating, ventilating, air conditioning or refrigeration fixture, shall make application with the office of the Village Mechanical Inspector, if there be one, or the Building Official, if there be no Village Mechanical Inspector, for a permit for that'purpose and shall furnish said inspector or Building Official with a written stafement in relation to such work upon a blank form furnished for that purpose, together with full plans and specifications of the same when required for inspection by said inspector or Building Official. Thereafter, if it shall appear to said inspector or Building Official that all applicable laws and the Village ordinances are, or when the work is completed, will be complied with, he shall granfi such permit. work for which'a permit has been granted, without the consent of the Mechani- . cal Inspector or Building Official. and where permitted by state law, permits may be issued to make repairs, additions, replacements, and alterations to any mechanical work in any single- family-dwelling structure used exclusively for living pruposes or any acces- sory buildings thereto, provided that all such work in connection therewith: shall be performed only by the person who is the bona fide owner and occupant *of such dwelling as his residence or a member of such owner-occupant's immedi- ate family, adoption, and such child's seouse. cial shall refuse to issue any permit for the installation of any mechanical - work in any building in'which a heating, ventilating, air conditioning- or refrigeration system has, in whole or in part, -been installed contrary- to Village ordinances in effect at the time or times of such installation until such illegally installed system shall have been removed therefrom. any'material or appliance wb2lch has aot been approved by the Mechanical Inspector or Building Official. No person shall represent that any appliance or material has been approved by the Mechanical Inspector or Building Official for installation who knows that such approval has not been given. There is hereby adopted and incorporated herein by Sec. 2. Code on File. Three copies of the Mechanical Code, marked I .. No person or persons shall make, or cause to be made, any change in the Notwithstanding any other provisions of this ordinance t.0 'the contrary, %nmediate.family" includes only a parent, child by birth or Sec. 4. Refusal of Permit. The-Mechanical Inspector or Building Offi- Sec. 5, Approval of Materials and Appliances. No person -shall. install I .8/7/72 Sec . . Minneapolis Heating, A,r Conditioning an1 Refrigeration Perm Fees Adopted. There is also-sadopted and incorporated hesein by reference Chapter 207 (Heating, Air Conditioning and Refrigeration Permit Fees) of the Minneapolis Ordinance Code of July 1, 1960, with all amendments made thereto as of July 1, 1972, as the schedule of fees for permits for all mechanical t - work in the Village for which a permit is required; provided that the minimum fee for any permit shall be $5. construed as referring to the Village; ahd all references therein to prInspec- tor of Buildings"-s€ial.l be construed as referring to the Mechanical Inspector or Building Official of the Village. referred to in Section 6 are on file'in the office of the Clerk and shall remain on file for use and examination by the public. copies of the ordinance at cost to any person upon request. also incorporated herein by reference Sections 14 through-21, inclusive, of Ordinance No. 431 of the Village. All provisions of said sections shall be complied with, to the extent applicable, in connection with any work to be done or permits to be granted under this*prdinance. demeanor, punishable.by a-fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days, or both, with costs of prosecution in either case to be added. separate offense and be punished accordingly. upon its passage and publication.. Motion for adoption of the ordinance was. sec.onded by:-Councilman Van Valkenburg andson rollcall there were three ayes and one nay with Mayor Bredesen casting All references therein to ''City'* shall be Sec. 7. Copies on File. Three copies .of the Minneapolis ordinance The Clerk shall kurnish Sec. 8. General Requirements for Doing Gas Fitting Work. There is .Set. 9. Penalty. Any violation of this ordinance shall be a mis- Each day such violation continues shall constitute a Sec. 10. This ortiinance shall be in full force and effect immediately ,* . the apposing vote. SCHEDULE OF MAXIMUM SALARIES AND WAGES FOR FIRE DEPARTMENT FOR 1972 ADOPTED. HE. Hyde presented a sa1ary:resolutionfor Eire Department salaries, where- upon Councilman Courtney offered the following resolution and moved its ' 6 adoption: -. RESOLUTION ESTABLISHING. SCHEDULE OF MAXIMUM 'SALARIES AM) WAGES FOR 1972 FOR FIRE DEPARTMENT AND MATER SUPERINTENDENT . BE IT RESOLVED that the maximum salaries and wages for.the Fire Department and for the Water Superintendent for the year 1972 be established as follows: 197 1 9 1972 PER MONTH PER MONTH $1 , 335 1,250 Chief $1 , 1235 Lieutenants - 2 years' service 1,000 1,024* 1 year service 9 85 1 ,008* As si st ant Chief 1, 120 - First year 955 - 977* 3 years' service 880 . 9oogc Less than 1 year 725 737* ?rivers, Inspectors 9 40 96 l>k 2 years' service 845 8609~ 1 year service 8 10 825* Firemen - 4 years' service 9 15 935*. . Water Superintendent 1 , 145** $<L,jeutenants, Drivers, Inspectors and Firemen will also be paid an additional $20 per month in recognition of the fact that Edina's fire pension costs are lower than those in cities which have independent fire pension funds. **Effective July 1, 1972. Motion for adoption of the resolution was seconded by Cocncilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. VILLAGE WAGER APPOINTED AS VILLAGE- REPRESENTATIVE: FOR WAGE NEGOTIATIONS. TJfioii"beihg-* Zdqised-hy Mr., H~de-~hat:j~nd'er.~the new state labor relations law it is necessary to have an official representative, Councilman Shaw offered the following resolution .and moved its adopt'ion: RESOLUTION , BE IT RESOLVED by the Edina,Village Council that the Village Manager, Warren C. Hyde be and is hereby appointed to serve as the representative of the Village of Edina for bargaining concerning wages, hours and working conditions. with all Village employee groups. Motion for adoption of the: resolution was seconded by Councilman Van Valken- burg and on rollcall there were four ayes and no nays and the resolution was adopted. .. i 8/7/72 VILLAGE MANAGER APPOINTED AS VILLAGE REPRESENTATIVE TO SOUTHWEST SUBURBAN_ CATV STUDY COEIMITTEE. Noting that Councilman Courtney has previously been appointed to serve as a Village representative on the Southwest Suburban CATV -Study Committee, Councilman Van Valkenburg offered the following resolu- tion and moved its adoption: BE IT RESOLVED by the Edina Village Council that Village Manager Uarren C. Hyde be and is hereby appointed to serve as a representative of the.Village of Edina to the Southwest Suburban CATV Study Committee. . . 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. PUBLIC WORKS BUILDING DOOR REPAIRS AUTHORIZED. As recommended by Mr. Hyde, Councilman Van Valkenburg's motion was seconded hy,'Councilman Courtney and carried authorizing repairs to the overhead garage door at the Public Harks Building at a cost of,.$95421c00~~~JfifcB'tSas quoted by Steel Structpres, Inc. VOODDALE IRON REMOVAL PLANT FILTER REPAIR AUTHORIZED, by motion of Council- man Courtney, seconded by Councilman Van Valkenburg and carried. RE SOLUTION r. SALE OF PORTION OF HALIFAX PUMP PROPERTY AUTHORIZED. Council that the Edina Baptist Church has asked to purchase the rear portion of the Halifax Avenue pump house. Van Valkenburg's motion was secopded by Councilman Shaw and carried author& izing sale of approximately 9,240 square feet of the rear of the property a& a cost of 82c: per sqbare foot, a~~~p~~:nge~h~-~e~-~~~,~r~~u~~~aC,~y~~h~ cktirch &cejir bBe 3iitterest 2at&:shduTd xb227.G. Eir. Hyde advised As recommended by Mr, Dalqn, Councilman TREASURER'S REPORTS of May 31, 1972 and June 30, 1972, were,presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Van Valken- burg, seconded by Councilman Shaw and carried, TWSFORHER:P$I) EASENENT EXECUTION' AUTHORIZED . Councilman Courtney' S motion was seconded by Councilman Shaw and carried authorizing the Mayor and Clerk t-o execute an easement given by the M.N. & S. Railroad which is needed for installation of a transformer for the new heated oil tahk being installed by the Village. CLAIMS PAID. Courtney and carried for payment of the following claims as per Pre-List: General Fund, $34,893.24; Construction Fund, $2,333.73; Park, Park Construct- ion, Swimming, Golf, Arena, Gun, $48,449.97; Vater Fund, $45,593.25; Liquor Fund, $20,083.69; Sewer Fund, $32;885.43; Improvements, $217,820.06; PIR and Poof Fund, $292.18; Total, $402,355.55. The agenda having been covered, Councilman Shawls motion for adjournment was seconded by Councilman Courtney and carried. Motion of Councilman Van Valkenburg was seconded bh Councilman Adjournment at 10:25 p.m. c Village Clerk