HomeMy WebLinkAbout19720821_regularMINUTES OF THE REGULAR MEETING OF THE
EDINA VILUGE COUNCIL HELD AT VILLAGE &L ON
AUGUST 21, 1972
Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Van
Valkenburg who served as Mayor Pro Tem in the absence of Mayor Bredesen,
NEW POLICE OFFICERS INTRODUCED.
James Poole who started on May 6, 1972 and who worked with BCA as Technical Services
Officer on "Bo&Squad"f Mrs. Judith Hanson who started on August 1, 1972 and who
is Edina's first Police Woman; and William Bernjelm who started on August 15;
1972, who served on the Chicago, Illinois Police Department for five years, leav-
ing there as a detective.
,
Mr. Hyde introduced three new 3olice officers ,
SPECIAL ASSESSMENTS LEVIED ON VARIOUS IMPROVEMENTS. Affidavits of Notice were
presented by Clerk, approved as to form and ordered placed on file. Pursuadt:
to duemotice given, public hearings were conducted and action taken as here-
inafter set forth:
A. PARKING RAMP IMPROVEMENT P-1 in the following:
Mr. Hyde presented analysis of assessment showing -total construction cost of
$573,534.00, noting that this assessment hearing has been continued from July
17 and August 7, 1972. No objections were heard, ahd MrJ-Ralen ad+ised that
nothing had been heard from the Red Barn, whereupon Councilman Johnson's
motion ordering the assessment was seconded by Councilman Courtney and carried.
B. STREET IMPROVEMENT NO. BA-185 in the following:
Valley View Road from Rosemary Lane to Vest 66th Street
Mr. Hyde presented total construction cost at $40,452.96, proposed to be
assessed against 3,371.08 assessable feet at $12.00 per foot as was originally
estimated.
Mr. Albert S. Tusin, 5704 Creek Valley Road, objected to the fact that'he is
proposed to be assessed the same amount as other property owners and that he
does not share the same benefits.
curb were torn out and replaced. Mr. Obermeyer pointed out that Mr. Tusin's
home is just on the edge of the improvement and that it was an engineering
decision just where to start the improvement. He added that Mr. Tusin had
never been charged for the Creek Valley Road improvement.
that everyone in the Village is assessed for the improvement of one road.
Tusin was assured that hhe-.-siadwalk had-been-paid from State Aid Punds'and that
cost'had not:ba6n.'incltded in the proposed. assessment. Mr. Hyde tbld Mr. Tusin
that his street had always been a major street and that he should not find the
increase in qraffic more than on any street, adding that the traffic is the
reason the State Gasoline Tax money has been used to pay for a portion of the
improvement. Following considerable discussion, Councilman Courtney's motion
was seconded by Councilman Johnson and carried that the assessment be ordered
and that Mr. Tusin talk to Mr. Dunn upon his return to see if some adjustment
can be made.
C. STREET IMPROVEMENT NO. BA-184 in the following:
Warden Avenue from Tracy Avenue West to culrde-sac
Mr. Hyde presented analysis of assessment showingtotal construction cost dt
$9,763.97, propo.sed to be assessed against 6-1/3 lots at $1,541.76 per lot
against estimated assessment of $1,642.23. No objections were heard and none
had been received prior thereto. (See Resolution Ordering Assessment later in
Minutes .)
D. STREET IMPROVEMENT NO. BA-179 in the following:
West 50th Street and France Ave. S.
He advised that the State Aid share of the project was ;$230,507.76.
He said that his four-year old pavement and
It was brought out
Mr.
(See Resolution Ordering Assessment later in Minutes.)
Aspen Road from the Uest; line of Gleason Fourth Addition Easterly to cul-
de-sac 1
Mr. Hyde presented analysis of assessment showing total construction cost at
$9,605.56 proposed to be assessed against 578.30 assessable feet at $16.61
per assessable foot against $17.39 estimated assessment. No objections were
heaad and none had been received prior thereto.
ment later in Minutes.)
E. STREET IMPROVEMENT NO. BA-186 in the following:
St. Johns Avenue from 'Nest 80th Street to Valley View Road
Mr. Hyde presented analysis of assessment showing total construction cost at
$12,667.33, proposed to be assessed against 1,404.36 assessable feet at $9.02
against estimated assessment of $11.85 per assessable foot. ..No objections were
heard and none had been received prior thereto.
Asseesment later in Minutes.
F. STREET IMPROVEMENT NO. BA-176 in the following:
Mr. Hyde presented analysis of assessment showing total construction cost at
$2 , 902.90 , proposed to be assessed against 188.50 assessable feet at $15 40
,
(See Resolution Ordering Assess-
(See Resolution Ordering
Arbour Avenue in Clagramar Fourth Addition
8/21/72
per foot against estimated assessment of $16.51 per assessable foot.
ions were heard and none had been received prior thereto.
ordering Assessment later in Minutes.)
G. SANITARY SEVER IMPROVEMENT NO. 299 in the following:
Mr, Hyde presented analysis of assessment showing total construction cost of
$6,863.22, proposed to be assessed against 3 assessable lots at $2,287.74 per
assessable lot against estimated assessment of $2,405.81 per assessable lot. No
objections were heard and none had been received prior thereto. (See Resolu-
tion Ordering Assessment later in Minutes.)
H.
No objet-
(See Resolution
Cul-de-sac at North end of Meadow Road
WATEWIN IMPROVEMENT NO. 266'in the followingi
Cascade Lane
Laura Avenue from Cascade Lane to Moore Avenue
Moore Avenue from Laura Avenue to North Avenue
North Avenue from 150 feet South of Moore Avenue to Vest 44th Street
Vest 44th Street from North Avenue to Thielen Avenue
Nr. Hyde presented total construction cost 'at $35,823.58, proposed to be assessed
against 26 assessable lots at $1,377.83 per lot against estimated assessment of
$1,452.71 per assessable lot.
sented prior thereto.
I. WATERMAIN IMPROVEIiENT NO. 264 in the fdllowing:
J.- SANITARY SEVER IMPROVEMENT NO. 296 in the following:
Mark Terrace Drive improvements listed under I and J above affecting the same
'properties, assessments were conducted concurrently. Mr. Hyde presented analy-
sis of Assessment for Watermain No. 264 showing'total construction cost of
$6,863.23, proposed to be assessed against 11 assessable lots at $623.93 per
lot against estimated assessment of $733.50 per lot. Analysis of assessment
for Sanitary Sewer No. 296 was given showing total construction cost of
$22,387.86, proposed to be assessed against 11 assessable lots at $2,035.26
per lot against estimated assessment of $2,206.70 per assessable- Tot.
Hyde called Council's attention to a letter from Mr. Donald J. Perrenoud, 6904
Mark Terrace Drive, requesting full credit for the principal and interest paid
during the time that he was hooked up to the Indian Hills system. Mr. Dalen
recalled that under past policy, Mr. Perrenoud would be in the same position
as other property owners who had received credit for the principal but not the
No objections were heard and none had been pre-
(See Resolution Ordering Assessment later in Minutes.)
Mark Terrace Drive from Valley View Road to Mark Terrace Circle
Mark Terrace Drive from Valley View Road to Mark Terrace Circle
c..
0
Mr. *
interest. He recalled that normally this situation would be handled by paying
cashasa consumer's deposit.
had understood'thdt he would be granted full credit for the ieerest and prin-
ciple, Councilman Johnson suggested that in the future the terms of the Village
should be made clear to others, Following considerable discussion, Council-
man Johnson's motion was seconded by Cpuncilman Courtney and carried that the
ass-essments be levied as p'roposed.
in Minutes.)
K. STREET IEIPROVEMENT NO. BA-180 in the following:
In reply to Mr. Perrenoud's contention that he
(See Resolution Ordering Assessment later
Schaefer Road from Interlachen Road to South line of Westwood Court
Addition extended
Mr. Hyde presented analysis of assessment showing total construction cost of
$44,200.01, proposed to be assessed against 4,575.57 assessable feet at $9.66
per assessable foot against estimated assessment of $11.63 per foot.. He added
that the contractor will correct small low places in the improvements fir. and
Mrs. Harry E. Dinwiddie, 5225 Schaefer Road objected that the cost of replac-
ing the 30 feet which had been dug up to install water and sewer lines in
Brinswood Estates should be paid by the Subdivision and not by them inasmuch
as it was entirely for their benefit.
firmed that the Dinwiddies had never been assessed for street imp-rovement at
any time, whereupon Councilman Johnson's motion authorizing the assessment
was seconded by Councilman Van Valkenburg and carried.
ing Ass'essment'later in Minutes.)'
L. STREET IMPROVEMENT NO. A-171 in the following:
Mr. Hyde presented analysis of assessment showing total construcfion cost at
$4,514.54, proposed to be assessed against 342.79 ass'essable feet at $13,17
per assessable foot against estimated assessment of $7.26 per foot. Mr. Hyde
addFd that the cost of the assessment was higher than the original estimate
because- of additional work that was 'necessary. He referred also to a ietter
from Mr. Marvin A. Holt, 5036 Juanita Avenue, and said that he believed that
Mr. Holt was confusing this stre'et improvement with the storm sewer improve-
ment,
ment on the grounds that the improvement is more of a nuisance than a benefit
since there is more traffic to the church's parking lot.
Mr. Dalen chedk the records and con-
(See Resolution Order-
Jay Place from West 50th Street to 330' 2 South
Mr. Raymond M. Warner, Jr.,r 5001 Arden Ave., objected to the assess-
Mr. Hyde pointed out
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L
that Mr. Warner's property is only being assessed for 113 of its frontage on
Jay Place. It was noted also that Mr. Warner uses the street for access to
his garage.
motion authorizing the assessment was seconded by Councilman Courtney and
carried. (See Resolution Ordering Assessment later in Minutes.)
NATERMAIN IMPROVEMENT NO. 262 in the following:
No further objections were heard, whereupon Councilman Johnson's
Wooddale Avenue from Garrison Lane to Nancy Lane
Nancy Lane from Wooddale Avenue West to cul-de-sac
Mr. Hyde presented analysis of assessment showing total construction cost at
$15,511.52, proposed to be assessed against four assessable lots at $3,877.88
per assessable lot against estimated assessment of $3,220.28 per lot.
objections were heard and none had.been received prior thereto. (See Resolu-
tion Ordering' Assessment later-in Minutes.)
N.
No
WATEWIN IMPROVEMENT NO. 261 in the following:
Ghantrey Road from Ayrshire Blvd. to Northwood Drive
Northwood Drive from Chantray Road to Mirror Lakes Drive
Mr. Hyde presented analysis of assessment showing total construction cost of
$45,443.16 , proposed to be assessed against 21 assessable lots at $2,163.96
per assessable lot, against estimated assessment of $2,106.32 per lot. Mr.
Hyde added that the low spot at 5209 Chantrey Road will be repaired.
objections were heard and none had been received prior thereto.
tion Ordering Assessment later in Minutes.)
0. WATERMAIN IMPROVEMENT NO. 277 in the following:
Waterman Avenuq from Waterman Circle to 236' 2 West
Mr. Hyde presented analysis of assessment showing total construction cost at
$11,977.32, proposed to be.assessed against six.assessable lots at $1,996.22
per assessable lot against estimated assessment of $1,422.76 per lot.
Hyde added that the telephone company will pay for sod damaged at 6616 Water-
man Ave. and that a sunken water trench will be repaired and new sod laid at
6624 IJaterman Ave. Mr. Dalen presented the request, and recommended deferment
of three connections for watermain and sewer stubs for Parcel 600, Section 30,
Township 117, Range 21, 'Gnfilrthe-prop~rty'is subdivided. No further discus-
sion was heard, whereupon Councilman Johnson's motion that the assessment be '
levied as recommended by Mr. Dalen, was seconded by Councilman Courtney and
carried.
P. 1972 STREET OILING: (72-0601)
Mr. Hyde presented total assesqable cost at $195.97, proposed to be assessed
against 1,210.9 feet at $0.161838 per assessable foot. No objections were
heard and none had been received prior thereto.
Assessment later in Minutes.)
Q. 1972 SNOW REMOVAL:
Mr. Hyde presented total assessable cost at $91.70 proposed to be assessed
against 1,059 assessable feet at $0.08659 per foot. No objection was heard
and none had been received prior thereto, whereupon Councilman 3ohnson'*then .
offered the following resolution and moved its adoption:
No
(See Resolu-
Mr.
(See Resolution Ordering I
RESOLUTION ADOPTING AND CONFIRMING
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
WATERMAIN IMPROVEMENTS NOS. 261, 262, 264, 266 AND 277
SANITARY SEISER IMPROVEMENTS NOS. 296 AND 299
STREET IMPROVEMENTS NOS. BA-176, BA-179, BA-180, BA-184,
SNOW REMOVAL NO. 1972
BA-185, BA-186 AND A-171
STREET OILING NO. 1972-0601
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows :
The Village has given notice of hearings as required by law on the
proposed assessment rolls for the improvements hereinafter referred to, and at
such hearings held on August 21, 1972, has considered all oral and written
objections presented "against the -levy of such assessments.
of the assessments as set forth in the assessment rolls on file in the office
of the Village Clerk for the following improvements :
Nos. 261, 262, 264, 266 and 277, Sanitary Sewer Improvements Nos. 296 and 299,
Street Improvements Nos. BA-176, BA-179, BA-180, BA-184, BA-185, BA-186 and
A-171, Snow Removal No. 1972 and Street Oiling No. 1972-0601 does not exceed
the local benefits conferred by said improvements upon the lot, tract or
parcel of land to assessed, and all of said assessments are hereby adopted
and confirmed as the proper assessments on account of said respective improve-
ments to be spread against the benefited lots, parcels and tracts of land
described therein.
the &ksessmentsc.for:;three connections for watermain and sewer stubs proposed
to be assessed against Parcel 600, Section 30, Township 117, Range 21, shall
be deferred until the property is subdivided; For Street Improvement BA-183
the assessment for Lot 17, Block 2, Creek Valley Addition,will be reduced by
one-third.
1.
2. Subject to the amendments made in paragraph 3 of this resolution, each
Watermain Improvements
3. Said assessments are hereby amended as follows: For Watermain 277
8/21/72
I.
shall be payable with 1972 taxes collected in 1973.
Watermain Improvements Nos, 261, 262,' 264, 266 and 277, Sanitary Sewer Improve-
ments Nos 296 and 299, Street Improvements Nos. BA-176, BA-179, BA-180,
BA-184, BA-185 and BA-186 and A-171 shall be pajrable.in ten equal-annual
installments, the first of said installments, together with interest at the
rate of 5% per annum on the entire assessment from the date hereof to
December 31, 1973, to be payable with the general taxes for the year 1.972,.
5.
Auditor a copy of this resolution and a certified duplicate of said assess-
ments, with each then unpaid installment and interest set forth separately, to
be extended on the tax lists of the County in accordance with this resolution.
may be payable by a county, by a political subdivision or by the owner-of any
rigst of way, as required by Minnesota Statutes, Section 429.061, Subdivision
4, and if any such assessment is not paid in a single installment, the Village
Treasurer shall arrange for collection thereof in installments, as set forth
in said section.
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.
TAM ROAD IMPROVEMENTS AUTHORIZED.
Clerk, approved as to form and ordered placed on file.
all proposed improvements for Tara Boad effected the same properties and hear-
ings were conducted concurrently.as'.follows:.' . e:-*.' r - - -
A.
4. The assessments SorXtkeet-Oiling 1972-0601 and for 1972 Snow Removal
All other assessments for
The Village Clerk shall forthwith prepare and transmit to the County
6. The Clerk shall also mail notice of any-special assessments which
Affidavits of Notice were presented by.
Mr. Hyde advised that
*+ .*
'CONSTRUCTION 0F"GRADING AND GRAVELING IMPROVEMENT NO. P-C-114 IN THE
FOLLOWIEG :
Tara Road from Kemrich Drive North to .cul-de-sac
Tara Road from Kemrich Drive North to cul-de-sac
CONSTRUCTION OF SANITARY SENER IMPROVEMENT NO. P-SS-308 IN THE FOLLOI?Ih%:
Tara Road from Kemrich Drive North to cul-de-sac
CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN
THE FOLLOWING:
Tara Road from Kemrich Drive North to cul-de-sac
B. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WM-282 "IN THE FOLLOWING:
C,
D.
I Mrr Hyde presented estimated total cost for Grading and Graveling Improvement
No. P-C-114 at $13,314.56, proposed to be assessed at an estimated cost of
$2,662-91 per assessable lot. *Total estimated construction cost for Water-
main Improvement No. P-IJM-282 was given by Mr. Hyde at $4,920.94, proposed
to be assessed at an estimated cost of $1,230.23 per lot. Mr. Hyde presented
total estimated construction cost for Sanitary Sewer Improvement No. P-SS-308
at $5,444.62, proposed to be assessed at $1,361.15 per assessable lot. Total
estimated construction cost for Permanent Street Surfacing and Concrete Curb
and Gutter Improvement No. P-BA-191 was given at $6,512.97, proposed to be
assessed at $1,302.59 per assessable lot.
rich Drive, objected to the pxoposed assessment of his property in view of
the fact that he is presently seESsufficient and has no need for an additional
street.
Assessment Hearing which will be held after the work has been completed.
was reminded that he had paid only 1/3 of his frontage at the time of the
assessment of Kemrich Drive and thatbit is now proposed to assess his property
for.1/3 of the street surfacing and full frontage for the grading and gravel-
ing improvement,
and moved its adoption, with the understanding that Mr. Westphal's benefits
should be studied at the time of the Assessment Hearing:
Mr. Kenneth H. Westphal, 5704 Kem-
Mr, Westphal was told*that the assessment will be determined at the
He
Councilman Johnson thereupon offered the following resolution
RESOLUTION OpERIhY; IMPROVEMENTS
IJATERMAIN IMPROVEMENT NO. 1?M-282
GRADING AND GRAVELING IMPROVEMENT NO. C-114
I SANITARY SEWER IMPROVEMENT NO, SS-308
PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER NO. BA-191
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
-Council heretofore caused notice of hearing to be duly published and mailed
to owners of each parcel within the area proposed to be assessed on the follow-
ing proposed iqrovements :
1.
2.
3.
CONSTRUCTION OF GRADING AND GRAWLIhG- IMPROVEMENT NO C-114 IN THE FOLLOWING:
Tara Road from Kemrich Drive North to cul-de-sac
CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-308 IN THE FOLLOWING:
Tara Road from Kemrich Driv; North to cul-de-sac
CONSTRUCTION OF PERMANENT STREET SURFACIhY; AND CONCRETE CURB AND GUTTER
IMPROVEMENT TYO, BA-191 IN THE FOLLOWING:
Tara'Road from Kemrich Drive North-to cul-de-sac
.
8/21/72 c b -
and at the hearings held at the time and place specified in said-notice, the Council has :duly considered ehe views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with
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 improvements; that said
improvements are hereby designated and shall be referred to in all subsequent
proceedings as follows:
No. 1 Above GRADING AND GRAVELING IMPROVEMENT C-114
No. 2 Above 14ATERMAXN IWROVEMENT NO. FJM-282
No. 3 Above SANITARY SEWER IMPROVEmNT NO. SS-308
No. 4 Above STREET IMPROVEMENT NO. BA-191
and the area to be specially assessed for the cost of Improvement No. C-114 and
Improvement No. BA-191 shall include Lots 1, 2 and 3, Block 2, Kemrich Knolls
and Lots 5 and 6, Block 3, Proposed M.P.Johnson's Prospect Hills Second Addition.
The area proposed to be assessed for the cost of Einprovement No. Tal-282 and
Improvement No. SS-308
5 and 6, Block 3, Proposed M.P. Johnson's Prospect Hills Second xddition.
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.
includes Lots 1 and 2, Block 2, Kemrich Knolls and Lots
c CD
4 w a a
ORDINANCE NO. 811-A27 GRANTED SECOND READING; PUBLICATION TO BE WITHHELD. Mr.
Luce presented Ordinance No. 811-A27 for Second Reading, which ordinance provides
for the rezonf.ng..of the old+Libkary'sZte to,.Autoinobile-Parking District and to
C-2 Commercial District as requested by the First Edina National Bank. In response
to questions. from Mr. William Ruppert, 4905 Maple Road, and Mrs. Charlotte Hauck, I
5029 lndianola Ave., Mr. EricRson said that the purchase agreement between the
-bank and the Village requires that all improvements in the way of walls and land-'
scaping be done pursuant to plans approved by the Village and that these improve-
ments and landscaping must be maintained at the expense of the bank. Mr. Erickson
also advised that the bank will be required to put up a bond to assure that the
Mr. Hyde brought
out that':the bank is paying more per square foot for the property than other recent
sales for vacant land in the area.
called for the Ring Route Road between the bank property on the East and the
buffer strip on the West and that the roadway width will now be a private drive
and be taxable land. CounCilman Johnson added that owners of prop-erty abutting
vacated streets never pay anything for the portion of the street that is vacated.
Mr. Hyde pointed out that final plans far the'Parbury Estate'have been held in
abeyance until the property is.transferred to the Village.
man in the audience said that he believed'that the proposal is the best plan that
could be developed.
Ordinance No. 811-A27 for Second Reading, with the understanding that publication
be withheld until the purchase agreement with the bank is consummated, and moved
its adoption as follows:
' plantings will still be alive two years after their planting.
.He also pointed out that the original plan
An unidentified gentle-'
Following considerable discussion, Councilman Johnson offered
. ORDINANCE NO. 811-A27,
AN ORDINANCE AMENDING THE ZONING ORDINANCE
(NO. 811) BY 'ADDING TO THE AUTOWBILE PARKING 'DISTRICT
AND TO THE C-2 COMMERCIAL DISTRICT
THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1.
amended by adding the following .thereto:
"The extent of the Autornbbile Parking District is enlarged by the addition
of the .€allowing properties :
All- that part of Lot 9, Block 1, Lund Kruse Addition, lying East of the
East line of Lot 5, Block 1, said Addition, extended South to the South
line of said Lot 9, and lying Vest of the East 20 feet of said Lot 9 as
measured at right angles to the East line thereof.'8 .
Section 2.
"The extent of the Commercial Distri'ct is enlarged'by tIie addition of the
The East 20 feet of Lot 9, Block 1, Lund Kruse Addition, as measured at
right angles to the East line-thereof, wfiich 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."
Sec, 3. This ordinance shall be in full force and effect upon its passage
Paragraph 1 of Section 6 of Ordinance No. 811 of the Village is
Paragraph 3 of Section 9 of Ordinance No. 811 of the Village is
amended by adding the following thereto:.
following properties :* ..
and publication.
rollcall there were four ayes and no
ATTEST:
Motion for adoption of the ordinance was
Mayor
- Yh,
Village Clerk J
I 8/21/17
ORDINANCE NO. 811-A28 GRANTED SECOND READING. Councilman Johnson offered the
following ordinance for Second Reading and moved its adoption:
ORDINANCE NO. 811-A28
AN ORDINANCE AMENDIhG THE ZONING ORDINANCE (NO. 811) TO
RESTRICT THE RIGHT TO TRANSFER LAND TO ANOTHER DISTRICT
AM> TO ALLCHJ ADIIINISTRATIVE OFFICIALS TO APPEAL TO THE
COUNCIL FROM DECISIONS OF THE BOARD OF APPEALS AND ADJUSTMENTS
Section 1.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Subparagraph (d) of paragraph 6 of Section 12 of Ordinance No. 811 is hereby
amended by adding thereto an additional paragraph as follows:
Restriction on Transferring Land to Another District.
'cAfter the Council has denied the transfer of a parce1,of land
to another district, the owner or owners thereof may not file another
petition 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 perlod of twelve full consecutive calendar months
following such denial, and the Planning Department shall not accept
any such petition during such period. Provided, however, that such
petition may be filed, accepted 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 condi-
tions or other new evidence, affecting the parcel of land, satisfactory
to the Council.
a meeting held pursuant to published and mailed notice given in the
same manner as set out in subparagraph (8) of paragraph 6'of Section
12 of Ordinance No. 811, After hearing the oral or written views of
all interested persons, the Council shall make its decision at the
same meeting or at a specified future meeting thereof.ct
Such presentation to the Council shall be made at
Section 2. Appeals by Administrative Officials, The last sentence
of Subparagraph (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."
Section 3. This ordinance shall be in full force and effect upon its
passage and publication.
No.tion for adoption of the ordinance
rollcall there were four ayes and no
fUXEST:
Mayor
Village Clerk
LIBRARY LANE STREET VACATION AUTHORIZED CONDITIONALLY.
Library Lane street vacation, public hearing for which had been continued so
that it could be heard in conjunction with the rezoning hearing for the abut-
ting property. Councilman Johnson then offered the following resolution and
moved its adoption:
Mr. Lu6e presented
RESOLUTION VACATING LIBRARY LANE
TJHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held
on August 21, 1972, at 7:OO p.m, on 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 Library.
Lane;- all as platted and.of record in the office of the Register of Deeds
in and for Hennepin County, Minnesota, be and is hereby vacated effective
September 16, 1972, unless on or before said date this resolution is amended,
annulled or rescinded by the Village Council:
All of Library Lane as shown.and designated on the plat of Lund
Kruse Addition according to the map or plat thereof on file or of
record in the office of the Register of Deeds in and for Hennepin.
, County, Minnesota.
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.
STEET NAME CHANGE ORDINANCE NO. 4 GRANTED FIRST READIKG. Affidavits of
Notice were presented by Clerk, approved as to fonn.and ordered placed on
file. Mr. Luce presented the following street name changes for Council's
consideration:
8/21/72
Q
4
1. York Avenue from W. 74th Street to. W. 75th Street to Tork Terrace" 2. Roushar Road to ''Lincoh DrivePn
3. 1. 62nd Street from Tracy Ave., to 1350 feet West to nbOlinger Blvd.r'
Mr. Luce said that he-would check to see how long residents would have in which
to change the address on their driver's licenses. Councilman -Shaw then offered
Street Name Change Ordinance No. 4 for First Reading as follows:
THE VILUC4E;COUmCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
is hereby, renamed "Olinger Blvd".
is hereby renamed 'aYork Terrace".
STREET NAME CWNGE ORDINANCE NO. 4
Section 1. Nest 62na Street from Tracy Avenue to 1350 feet Hest
Sec. 2. York Avenue South from W. 74th Street to W. 75th Street
Sec. 3. Roushar Road is hereby renamed "Lincoln Drive".
Sec. 4. This ordinance shall be in full force and effect from and after
its passage and publication.
LARRY'CAROLLA RESIGNATION FROM HUMAN RIGHTS COMMISSION ACCEPTED.
advised of the resignation of Mr. Larry Carolla from the Human Rights Commission,
Coundilman Johnson's motion accepting the resignation with thanks was seconded
by Councilman Courtney and carried.
Upon being
BROOKSIDE TERRACE SANITARY SEJER AND WATERHAIN AUTHORIZED ON 100% PETITION.
Mr. Hyde presented a petition which had been submitted at the meeting of August
7, 1972, to which additional names have been added making it now a 100% petition,
said petitions being for sanitary sewer and watermain requesting the Council to
assess the entire cost against the property of such owners.
then offered the following resolution and moved its adoption:
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows :
1,
the Council to construct.sanitary sewer and watermain improvements in Brook-
side Terrace from Motor Street South to Edenbrook Addition, and to assess the
entire cost against the property of.petitioners, and that said petition has
been signed by all owners of real property abutting on said street where said
improvements are to be located.
2.
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws
of 1961, Chapter 525, Section-2), Said improvements are hereby designated
and shall be referred to in all subsequent proceedings as folPows:
Councilman Courtney
RESOLUTION FOR IMPROVEMENTS UPON 100% PETITION
It is hereby found and determined that petitions have been filed requesting
The making of said improvements in accordance with said petitions is hereby
WATERMAIN IMPROVEMENT NO. WM-283
SANITARY SEWER IMPROVEMENT NO. SS-309
I
The entire cost of said improvements is hereby ordered to be assessed against
the properties abutting on said Brookside Terrace where said improvements are
to be located.
rollcall there were four ayes.and no nays and the-resolution was adopted.
- Motion for adoption of the resolution was seconded by Councilman Shaw and on
EVANSWOOD I1 ADDITION AND MIRROR LAKE PLAT #2 HEARING DATES SET. As recom-
mended by Hr. Luce, Councilman Courtney's motion was seconded by Councilman
Shaw and carried, setting September 12, 1972, as hearing date for preliminary
plat approval for Evanswood I1 Addition and Mirror Lake Plat 82.
ALFUNZZO'S PIZZA HOUSE OFF SALE BEER LICENSE APPROVED.
Off Sale Beer Licence, having been approved by the Police and Health Departments,
was approved for Alfunzzo's Pizza House by motion of Councilman Johnson, sec-
onded by Councilman Courtney and carried. .
JAMES BELL SUIT ON VOTING REGISTRATION NOTED.
the Village of Edina 6nd the City of Robbinsdale have been sued by James Bell
and the Chairman of the Jim Bell for Congress Committee for failure to send
Commissioners of Registration to the Edina High School to register students
for voting. The matter has been referred to the Village Attorney. Mr. Robert
Kasbohm, 6147 Arctic $Jay, presented a statement of the Edina Coalition, sup-
porting the stand of the Council in conducting registration at the Village
Hall and Heritage Nursing and Senior Citizen Homes only. Support was also
given by Mrs. Virginia Scott and Mrs. Lloyd Cherne.
The application for
Mr. Hyde advised Council that
HOUSING NEEDS COMMITTEE QUESTIONNAIRE CONTINUED. As recommended by Mr. Hyde,-
Councilman Johnson's motion continuing the matter of the Housing Needs Com-
mittee questionnaire was seconded by Councilman Courtney and carried. Mr.
Hyde estimated that the cost of the questionnaire would run between $1,000 I
and $1,200.
I 8/21/72
YOUTH TASK FORCE PROPOSAL CONTINUED. The request of the Human Rights Com-
mission to establish a Youth Task Force which was continued from August 7,
1972, was again continued to September 1.1, 1972, by motion of Councilman
Courtney, seconded by Councilman Shaw and carried.
HIGHPIAY 100 REGOCATION COSTS AND PLAN APPROVAL DISCUSSED. Mr. Hyde referred
to a letter of August 21, 1972, from Mr, Erickson referring to the Minnesota
Highway Department request of the Village to take the following actions:
*
1.
2.
Approve the final plans for the portion of T.H. 100 between Valley
View Road and Villson Road;
Approve and execute a Cooperative Construction Agreement for the
same portion of Highway 100 by which the Village agrees to pay
only for those improvements which are assessable by the Village;
Approve and execute an Agency and Utility Relocation Agreement
for the same portion of Highway 100 by which the Village ag.rees
to pay for the costs of relocating utilities. (These costs are
unassessable .)
In order to make the Village's position forereimbursement as strong as-pos-
sible under the circumstances, no action was taken on any of the actions
listed above as recommended by the Village Attorney'.
3.
1973 BEET TO BE CONSIDERED.
them a calendar for proposed dates for special meetings-for the 1973 Budget
cons-ideration.
September 11, 1972.
Mr. Hyde advised Council that he will furnish
The Budget will be presented formally at the meeting of
PERSONALIZED RAPID TRANSIT DEMONSTRATION FUNDS REQUESTED. Mr. Hyde called
Council's attention to a resolution adopted by the Twin Cities Area Metro-
- politan Transit Commission directing that preliminary application be made to
the Urban Mass Transportation Administration for funding of a local demon-
stration of personalized rapid transit which is proposed-to be conducted in
the vicinity of Interstate Highway 494 and T.H. 100. No action was taken..
MINIMUM WAGE LAW UTTERS UNANSWERED. MY. Hyde advised Council that he had
not received any reply to three letters which he had sent to Senators Mon-
dale and Humphrey and tlliat a memorandum had been sent to all Third District
Nayors and City Managers by Congressman SA11 Frenzel in regard to Minimum
Wage Bill, No action was taken.
RENNEPIN COUNTY COST SHARING AGREEMENT FOR ROUSHAR ROAD AND LINCOLN DRIVE
AUTHORIZED,
cooperative construction agreement with the County for Roushar Road and Lin-
coln Drive with Hennepin County (County Project 7244), under yhiich the County
vould pay the entire cost of $47,488.61 for €he Roushar Road improvement end
$40,481.75 towards the cost of the Lincoln Drive i@rovement: These figures
include the cost of future.surfacing;- Bids received'August. 4, 1972, were'.for
grading and graveling only.. Councilman Johnson thereupon offered the follow-
ing resolution and moved its adoption:
Mr. Hyde advised Council that the Village has worked out a
RESOLUTION
BE IT RESOLVED that the Edina Village Councsl aughorize execution of cooper-
ative construction Agreement No, PJ 19-11-72 for County Project No. 7244
-(Edina Improvement No. ($-112A,)
Motion for adoption of the resolution was seconded by Councilman Shaw-and on
rollcall there were four ayes and no nays and tliezesolution was adbpted, I
BIDS AUTHORIZED FOR ROUSHAR ROAD AND LINCOLN DRIVE IMPROVEMENTS. Mr. Hyde
presented tabulation of five bids received fnxesponse to Advertisement for
Bids @ulslished in the Edina Sun and Construction Bulletin on July 13, 20 and
27, 1972, dhich bids had been continued from the meeting of August 7, 1972,
Tabulation shawed Barbarossa & Sons, Inc. , low bidder at $117,517.37 ; Q . R. S
Construction, Inc., at $121,142.85; G.L. Contracting, Inc., at $125,s8.22;
Minn-Kota Excavating, Inc, $143,621.80 and IShafer Contracting Co. ,- Inc.,
$157,418.40 as against Engineer's estimate of $144,144.20,
Jobson' s motion was seconded by Councilman Courtney and carried awarding
contract for Sanitary Sewer Improvement No. SS-305, Watermain Improvements
tJM-270 (part) and WM-278 (part)- and Grading and Graveling Improvements Nos.
C-112 and C-112A, subject,to clarification of right-of-way by Hennepin
County,
HENNEPIN COUNTY ALCOHOL SAFETY ACTION PROJECT AUTHORIZED.
Mr. Hyde, Councilman Johnson offered the following resolution and moved its
adoption :
-
Councilman-
As recommended by
8/21/72
' RESOLUTION
AUTHORIZING-THE DIRECTOR OF PUBLIC SAFETY TO EWR INTO AN
AGREEMENT WITH THE HENNEPIN COUNTY ALCOHOL SAFETY ACTION PROJECT .
WEREAS, the Hennepin County Alcohol Safety Action Project is undertaking a
coungermeasures program dealing with the drinking/driving problem; and
IJHEREAS, the Village of Edina has been requested to participate in the program;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of Edin-a, Minnesota, that
the Director of Public Safety be authorized to enter into an agreement with the
Hennepin County Alcohol Safety Action Project.
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.
1.
2.
.3.
4.
5.
6.
7.
8.
POLICE/SCHOOL LIAISON POLICE WOMAN AUTHORIZED.
following resolution and moved its adoption:
BE IT RESOLVED that the Edina Village Council authorizing the employment of
a Police/School Liaison Police Woman and appropriate $2,250 for her salary
for the remainder of 1972.
Motion for adoption of the resolution was seconded by Councilman Courtney
and on rollcall there were four layes and no nays and the resolution was
adopted .
Councilman Johnson offered the
.
RE SOLUTION
SEWER DISTRICT NO. 1 COST ALLOCATION DISCUSSED. As recommended by Mr. Dalen,
Councilman Johnson offered the fpllowing resolution and moved its adoption:
RESOLUTION - WHEREAS, the-Metropolitan Sewer Act (Chapter 449, 1969 Laws) charged the Metro-
politan-Council wikh, among other responsibilities, that the allbcating the costs
associated with the expansion, improvement, and operation df the Metropolitan
Disposal System among the using municipalities; and
WHEREAS, a joint study report prepared by fihe Joint Executive Management Com-
mittee of the Metropolitan Council and the Metropolitan Sewer Board advocates
that the present cost allocation system is unreasonable and therefore recom-
ments certain changes in the cost allocation system; and
WHEREAS, one of the recommended changes to the system is that the reserve
capacity charges to pay reserve capacity debt service be financed by a serbice
availability charge made on all new construction located in the municipalities
estimated to discharge sewage into the Metropolitan Disposal System in 1973;
and
WHEREAS, the said service availability charge is unreasonable and unequitable
because it requires present developing communities to finance with no pay-
back provisions the reserve capacity charges currently and properly allocated
to the outlying communities; and
WHEREAS, the Village of Edina has considered in detail the recommended
changes in said cost allocation system;
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Villzge of Edina
that the Village Council strongly urges the Metropolitan Council not to adopt
the inequitable service availability charge plan; and
BE IT FURTHER RESOLVED that the following recommendations relative to altering
the current cost allocation system of the Metropolitan Disposal System be
adopted by the Metropolitan Council:
That the capacities for treatment works and interceptors be assigned
to each municipality as recommended by the Joint Executive Management
Committee Report. '
That the 1973 cost allocation for sewage usage be determined as
recommended by the Joinc Executive Management Committee Report.
That the proposed Service Availability Charge method of sewer cost
allocation not be adopted.
subdivisions 3 and 4, Section 8, of the Metropolitan Sewer Act be
reaffirmed.
That the municipalities be encouraged to assign the annual reserve
capacity charges to Vacant Land (Future Users) on the basis of pro-
posed land use and estimated future sewage flow.
That if the present State Statutes regarding assessments do not
proyide for the assessment of reserve capacity cliarges to vacant
property, that appropriate action be taken to initiate an amendment
of the present State Statutes to provide for it.
That the municipalities be- encouraged to collect nmenue from new
connections by a Service Availability Charge on a community basis,
but not for a metro basis.
That the formula for determining the deferred payments would be
reduced by approximately 50%.
That the cost allocation for reserve capacity charges according to
8/21/72
9.
10.
That the Metropolitan Sewer Board make a declaration of how defer- ments will be repaid.
That the Sewer Board make an annual 5-year projection of estimated
sewer charges for each municipality based on the best available pro-
jected sewage flows and costs.
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.
CHAIRS TO BE PURCHASED.. As recommended by Mr. Dalen, Councilman Courtney's
motion authorizing'the purc_has_e of 110 chairs from General Office Products at
carried.
CLAIMS PAID,
son and carried for payment of the following claims as per Pre-List:
Fund, $43,621.87; Construction Fund, $102,610.79; Park, Park Construktion, Swim-
ming, Golf, Arena, Gun, $18,048.77; IJater Fund, $6,886.80; Liquor Fund,
$96,154.05; Sewer Fund, $33,744.52; P.I.R. and Poor, $150.00; Total, $301,216.80.
The agenda having been covered, Councilman Shaw I s motion for adjournment was
seconded by Councilman Courtney and carried.
.a cost of $2,359.50 including freight, was seconded by Councilman Shaw and
Councilman Courtney's motion was seconded by Councilman John-
General
Adjournment at 8:55 p.m.
L QLL
Village Clerk 0