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
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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
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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