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HomeMy WebLinkAbout19721016_regularMINUTES OF TE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, OCTOBER 16, 1972 Members answering rollcall were Councilmen Courtney, Johnson, Shaw and Van Valkenburg who served as Mayor Pro Tem until the arrival of Mayor Bredesen, MINUTES of 'October 2, 1972, were . approved as submitted by motion of Councilman Johnson, seconded by Councilman Shaw and carried. RICHARD G. PALEN CONDOLENCES. Councilman Courtney offered the following resolution and moved its adoption: WJBREAS, during twenty-eight.ghars as a citizen of the Village of Edina, Richard G. Palen manifested an active interest in the affairs of local govern- ment; and WHEREAS, Richard G. Palen served as a member of the Edina Village Council from January 1, 1948, to January 1, 1951; and RESOLUTION OF CONDOLENCES WHEREAS, Mr. Palen was appointed Edina's first Director of Civil Defense in 1951 and served in this capacity until July 14, 1958; and WHEREAS, Richard G. Palen donated many valuable photographs taken by him in his professional work to the Village of Edina; and IJHEREAS, Richard G. Pal'en served his fellow men, being active and serving as an officer in many organizations including the Air Force Association, the OX5 Club of America, the Antique Aircraft Association, the Aircraft Owners and Pilots Association and the Civil Air Patrol; and WHEREAS, Mr. Palen has endeared himself to many by sharing his experiences and knowledge of aviation with youth at the Legionville Camp near Brainerd, Minnesota; and WIEREAS, on September 26, 1972, death brought to an untimely close the life of Richard G. Palen in his fifty-fifth year; NOIJ, THEREFORE, BE IT RESOLVED by the Edina Village Council that its deepest sympathy be expressed to the family of RICHA'RD G. PALEN in his untimely pass- ing; and BE IT FURTHER RESOLVED that the sincere appreciation of the community be .. expressed and that a copy of this resolution be spread upon the pages of the Minutes Book of the Village of Edina for the untiring civic efforts of Richard G. Palen and that an appropriate copy of this resolution be transmitted to Mrs. Palen, Pamela Palen, Juanita Palen Sexton, Susan Palen Fiedler and Roberta Palen Nordahl. Motion fo'r adoption of the resolution was seconded by Councilman Johnson and carried. BA-171 SPECIAL ASSESSMENT ORDERED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde presented analysis of assessment a& herginafter recorded: STREET IMPROVEMENT NO. BA-171 in the following: West 78th Street from 100, feet East of East Bush Lake Road to 400 feet West of Cahill Road Analysis of assessment was given showing total construction cost at $99,928.56, $92,390.79 of which was .paid from State Aid Funds. Total assessable cost, including capitalized interest, was given at $8,288.04, proposed to be assessed against 690.67 assessable feet at $12.00 per foot as originally estimated. No objections were heard, whereupon Councilman Shaw offered the following resoslution and moved its adaption: RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENT LEVIED ON ACCOUNT OF STREET IMPROVEMENT NO. BA-171 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. The Village has given notice of hearing as required by law on the proposed assessment roll for the improvement hereinafter referred to, and at such hear- ing held on October 16, 1972, has considered all oral and written objections presented against the levy of such assessments. 2; Each of the assessments as set forth in the assessment roll on file in the office of the Village Clerk for Street Improvement No. BA-171 does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvemat to be spread against the benefited lots, parcels and tracts of land described therein. 3. first of said installments, together with interest at the rate of 5% per annum The assessments shall be payable in ten equal annual installments, the 10/16/72 on the entire assessment from the date hereof to December 31, 1973, to be pay- able with the general taxes for the year 1972, collectible in 1973. 4. The Village Clerk shall forthwith prepare and transmit to the County Audi- tor a copy of this resolution and a certified duplicate of said assessments, 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. 5. payable by a county, by a political subdivision or by the owner of any right- of-way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and 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. . The Clerk shall also mail notice of any special assessments which may be * . BROOKSIDE TERRACE IMPROVEMENT HEARINGS CONDUCTED; WATERMAIN 283 AUTHORIZED, Affidavits of Notice for Watermain Improvement IM-283 and Sanitary Sewer SS- 309 were presented by Clerk, approved as to form and ordered placed on .file. Mr. Hy,de recalled that a 100% petition had been received and the improvements authorized by Council on August 21, 1972, but in view of unukually high cost estimates, it had been decided to conduct public hearings. notice given, public hearings were then conducted and action taken as herein- after recorded: A. SANITARY SEWER IMPROVEMENT NO. SS-309 IN THE FOLLOIJING: B. I?ATERMAIN IMPROVEMENT NO. IDf-283 IN THE EOILONING: Pursuant to due Brookside Terrace from Motor Street to 675 feet South Brookside Terrace from Motor Street to 665 feet South; thence IaJest to Brookside Ave. - The improvements affegting the same properties, hearings were conducted con- currently. Mr. Hyde7that the estimated cost for the Sanitary Sewer SS-309 had been given at $27,690.25, proposed to be assessed a& $3,955.75 per con- nection. Estimated cost fok Watermain 1-M-283 was given at $13,406.10, pro- posed to be assessed at $1,915.16 per connection. Mr. Hyde then presented tabulation of two bids taken in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on September 28 and October 5, 1972. Tabulation showed G. L. Contracting, Inc., low bidder at $30,657.50 for . Sanitary Sewer and $11,917.60 for Watermain. was given at $32,459.00 for Sanitary Sewer and $14,172.00 for Vatermain.' It was noted that the total cost per lot of $7,220 for both improvements would include replacing the gravel street that presently exists. arrived at this time.) est assessments for sewer and water in the Village and suggested that lower bids would probably be made next spring ir any portion of the work could be deferred until that time. He suggested also looking into the possibility of- some type of federal aid inasmuch as there is a slight possibility that some effluent from private systems might reach Minnehaha Creek, ahd thespossibility of installing watermain at this time and taking new bids for the sewer at a later time. Mr. Charles D. Merta, 4517 Brookside Terrace, said that his well has gone out and that he has been getting water fom his neighbors and urged that the watermain be installed at this time. In reply to questions from Mr. E. Dudley Parsons, Jr., 4437 Brookside Xerrace, and l~.. Ll6yd C. Wertz, 4501 Brookside Terrace, Mr. Dunk explained that previous assessments for these properties had been made for trunk line that made the proposed laterals possible. Following considerable discussion, Councilman Courtney's motion awakdingkgcainmended rkaw Lh5d fGr ...M=.283 . . at this time and abandoning aC7ard of'bids on the sanitary sewer until further study has been made was then seconded by Councilman Shaw ana carried, with the understanding that the &ow bidder, G. L. Contracting, Inc., would do the watermain only for the cost of $11,917.00? .€ouncilman Courtney then offered the following resolu- tion and moved its adoption: Bid of Northern Contracting Co. mayor Bredesen Mr, Hyde noted that this is probably one of the high- . RESOLUTION ORDERING IMPROVEMENT FOR NATERMAIN IMPROVEMENT NO. IlM-283 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 following proposed improvement: CONSTRUCTION OF WATERMAIN IMPROVEMENT NO Ifif-283 IN THE FOLLOlJING : Brookside Terrace from Motor Street to 665 feet South; thence nest to Brookside Ave. and at the hearing held at the time and place specified in said notice, the 10/16/72 I . Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement, provided the contractor will install the watermain for the bid cost of $11,917.60, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as IIATEIWUN IMPROVEMENT NO. SW-283; and the area to be specially assessed therefor shall include Lot.- 29 and 112 Pacated street, Lot 30, North 68' of Ldt 31, Lot 32 and South 9' of Lot 31, Lot 33 and North 17' of Lot 34, South.60' of Lot 34, Lot 35, all in Brookside Terrace, and Lot 43, Auditor's Subdivision #176. Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were five ayes and no nays and the resolution was adopted . ORDINANCE NO. 811-A29 ADOPTED ON SECOND READING. Councilman Courtney offered Ordinance No. 811-A29 for second reading as follows: ORDINANCE NO. 811-A29 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO ALLOW OWNERS TO APPEAL TO THE COUNCIL FROM DECISIONS OF THE BOARD OF APPEALS AND ADJUSTMENTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MLNNESOTA, OEBAINS: of paragraph 6 of Section 12 of Ordinance No. 811 is hereby amended to read as follows: "The appellant or petitioner or administrative official whose order or determination was appealed to the Board, or any owner to whom notice of the hearing is required to be mailed pursuant to this paragraph, may within 45 days file with the Village Clerk an appeal to the Council from the decision of the Board." Sec. 2, This ordinance shall be in full force and effect upon its pass- Section 1. Appeals by Owners. The last sentence of Subparagraph (f) age and publication. Motion for adoption of the ordinance was seconded by Councilman Van Vallcenburg and on rollcall there were five ayes and ATTEST : ' 7LY& bL d Village Clerk Mayor U %I. 57TH STREET FROM BERNARD PLACE TO DALE AVZ. VACATED-SUBJECT TO ACQUISITION OF EASEMENTS. form and ordered placed on file. petition signed by four abutting property owners for the vacation of an unimproved gravel pbrtibn of id. 57th Street from Bernard Place to Dale Ave. Mr. Daryl-Sorem, 5700 Bernard Place, whose garage is on W. 57th St., urged that the street be vacated to avoid dust as well as to-prevent accidents. Donald Richards, 5624 Bernard Place, Mr. Kenneth Anderson, 5700 Dale Ave., and Mr. Murray f.lilliamson, 5701 Dale Ave., urged that the vacation be approved. Councilman Johnson said that the public has a vested right to use this street and suggested that the answer might be to'have the street improved. Zen said that he had just purchased the house at 5621 Dale Avenue and that he had not received notice of the hearing. cost to him for the portion of the street that would revert to him, but that property owners would be responsible for landscaping the land and might be assessed somewhat higher because of additional value due to the increased size of their property. Courtney offered the following resolution and moved its adoption: 147. 57TH STREET Affidavits of Notice were presented by Clerk, approved as to Mr. Dunn called Council's attention to a Dr. Mr. LewBns- I He was told that there would be no No furthet-discussion was heard, whereupon Councilman RESOLUTION VACATING A PORTION OF *_ WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on October 16, 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: NOI?, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of W. 57th Street, 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 November 21, 1972, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: Motion for adoption of the resolution was seconded by Councilman Shaw and West 57th Street from Bernard Place to Dale Avenue. 10/16/72 on rollcall there were four ayes with Councilman Johnson voting nay, because he objected to vacating a public way,*.that is being used by the public, and the resolution was adopted. F70Uld have to be obtained before the vacation is final. BIDS AIPXDED FOR VARIOUS INE'RO$kENTS. bids received for Grading and Graveling Improvement No. C-114, Sanitary Sewer Improvement No. SS-308 and I;latermain Improvement No. IRi-282 (all in Tara Road from Kemrich Drive north to cul-de-sac), said bids being in response to Advertisement for Bids in the Edina Sun and Construction Bulletin on Sept- ember 28 and October 5, 1972. Inc., low bidder at $27,065.50, G. L. Contracting, Inc., at $28,780.65 and Northern Contracting Co. at $39,113.00 against Engineer's estimate of $24,108.10. bidder was seconded by Councilman Van Valkenburg and carried. Elr. Dunn pointed out that Wility easements Mr. Hyde p'resented tabulation of three Tabulation showed Natt Bullock Contracting Co., Councilman Johnson's motion awarding bid to recommended low XERXES AVENUE BUILDINGS BIDS APPROVED. llr. Hyde presented tabulation of bids received in response to Advertisement for Bids on Xerxes Avenue in the Edina Sun and Cdnstruction Bulletin on September 28 and October 5, 1972. Tabulation showed: 7712 Xerxes Ave. - Ernie Voight & Sons, high bidder, at $4,856.50, Clarence Krueger, $3,157.00, Garrison House Movers, $2,607.00, Raymond Peach, $2,850.00, Ralph Johnson, $1,400.00, and Jeffrey Gustafson and G. IJ. Pearson, $252.16; Garage at 7712 Xerxes Ave. - .Clarence Krueger, $157.00, Garrison House llovers, $163.00 and Raymond Peach, $49100; Clarence Krueger, $3,157.00, Garrison House Movers, $2,276.90; Raymond Peach, S2i725.00, Ralph Zohnson, $1,300.00 and Jeffrey Gustafson and G. W. Pearson, $216.52; Garage at 7716 Xerxes Ave. - J. Patrick Ryan, high bidder at $200.00, Clarence Krueger, $151.51, Garrison House Novers, $147.00, -Raymond Peach, $25.00; House and Garage at 7720 Xerxes Ave. - Clarence Krueger high'bidder at $3,377.771, Ernie Voight & Sons, $3,227.50, Garrison House llovers, $3,217.00, Raymond Peach, $3,020.00 and G 8. Pearson and Jeffrey Gustafson, $557.57. Councilman onded by Councilman Courtfie9 afid carried. for removal of houses 7716 Xerxes-Ave. - Ejtnie Voight & Sons, high bidder at $4,757.50, Shaw's motion selling all buildings to recomended high bidders was then sec- 5. FIRE PUMPER BID AFJARDED. which had been continued from October 2, 1972, fdr.one:l250 G:PsfL Fire llr. Hyde presented tabulation of three bids received Pumper. General Safety & Equipment at $42,375.00 and IJard LaFrance high bidder at- $58,649-17. ed by Councilman Van Valkenburg and carried &carding bid to recomended lop7 bidder, Peter Pirsch & Sons, subject to their ability to produce the cab in accordance with specifications. IkS. DAN CARSELLO LETTER NOTED. letter from Nrs. Dan Carsello, 6902 Paiute Drive, urging that no new building permits should be issued and no zoning variances granted until voters of Edina have the "opportunity to control the development of their city." action was taken. Tabulation showed Peter Pirsch-& Sons low bidder at $41,958.00, Following some discussion, Councilman Johnson'-s motion was second- Mr. Hyde called Council's attention to a No lm. CAROLYN DENCKER LETTER NOTED. Council's attention was called to a let- ter from llrs. Carolyn Dencker noting the dates of meetings of the Open Space Conunittee. The letter was ordered placed on file. 5216 - 5220 BLAKE ROAD SANITARY SEWER PETITION FILED, Eetition for Sanitary Sewer to serve 5216 - 5220 Blake Road was presented and referred to the Eng- ineering Department for processing by motion of Councilman Shaw, seconded by ,/-&uncilman Johnson and carried. ,."# EVANSWOOD I1 ADDITION HEARIRG DATE SET. blr. Hyde recalled that Council had deferred approval of Evanswood I1 Addition until the developer had tried to arrange a meeting with'adjacent property owners so that a study could be made for the area including Lots 38, 39, 40 and-41. the property said that he had made attempts En the past to work with llr. Thomas Moore to develop the property. South w.as in favor of the proposed plat. man Johnson's motion was seconded by Councilman Courtney and carried setting a new hearing date for Evanswood I1 Addition for November 6, 1972, LOT 1, BLOCK 1, PARTWOOD KNOLLS 15TH ADDITION LOT DIVISION APPROVED. Luce presented the petition for division of 15th Addition (5208-10 14alibZ Drive) as recommended by the Planning Commis- sion. 3lr. Jack Clapp, developer of He said that the property owner to the Following some discussion, Council- Mr. Lot 1, Block 1, Parkwood Knolls Mr. Luce recalled that in the past Council has approved division down 10/16/72 i the party wall for ownership purposes for double bungalows , whereupon Council- man Johnson offered the following resolution and moved its adoption: RESOLUTION HHEREAS, the following described property is at present a single tract of land: Lot 1, Block 1, Parkwood Knolls 15th Addition; and f.IHEREAS, the owner has requested the subdiv&ion of said tract into separate parcels (herein called "ParcelsRR) described as follows : That part of Lot 1, Block 1, Parkwood Knolls 15th Addition lying Northerly of a line running from a point in the East line of said Lot 1 distant 59.5 feet Southerly of the Northeast corner of said lot to a point in the west line of said lot distant 58.5 feet Southerly of the Northwest corner of said lot; and Lot 1, Block 1, Parkwood Knolls 15th Addition except that part of Lot 1, Block 1, Parkwood Knolls 15th Addition lying Northerly of a line running from a point in the East line of said Lot 1 distant 59.5 feet Southerl-y of the Northeast corner of said lot to a point in the West line of said lot distant 58.5 feet Southerly of the Northwest corner of said lot; and I-JHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regula- tions of the Village of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the Village of 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 the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of 0rdinance:Nos. 811 and 801 are hereby waived to allow said divfsion and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordhance No. 801 and Ordinance No. 811 and subject to the limitations set out in Ordinance No. 811, and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and further subject, however, to the provision that no further subdivision be made of said Parckls unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. . PART OF TPACT A, R.L.S. NO. 567 DIVISION APPROVED. Mr. Luce recalled that in June, 1972, the staff had recommended denial of a request to divide the school and church of-the'First Christian Reformed Church of Minneapolis, 4075 Inglewood Avenue, because variances would be required for lack of church parking and inadequate lot size. At that time, however, the staff was unaware that these variances had been granted by the Board of Appeals in 1969 and ~eze extended in 1970. Due to the Board of Appeals action and because of a 99 year lease which was obtained by the church on the affiliated Calvin Christian School property for parking, the staff and PPannin'g'Comission now recommend that the division be approved, ment of a storm sewer to serve the property in question. being heard, Councilman Shaw offered the following resolution and moved its adoption: Mr. Dunn recalled discussion over the assess- No further comments P&SOLUTION F7HBREAS, the following described-property is at present a single tract of land: All land commencing at N.E. corner of Morningside Oaks then South and Southwesterly along the Easterly line of the plat to the East line of Grimes Ave. , then South- 150.96 feet to a point 660 feet North from the South line of the Northeast quarter, thence East 630 feet plus or minus, thence North 660 feet plus or minus, thence West 300 feet plus or minus, to the point of beginning, which is Tract A, Registered Land Survey No. 567, Files of Registrar of Titles, Hennepin County; and IJHE~AS, the owner has requested the subdivision of said tract into separate parcels (herein called tsParcels") described as follows: That part of Tract A, Registered Land Survey No. 567, Files of Registrar of Titles, County of Hennepin, lying Westerly of a line dram at right angles from a point on the South line of said Tract A, distant 258 feet East (as measured along said South line) ffom the Southwest corner thereof (Church) ; and That part of Tract A, Registered Land Survey No. 567, Files of Registrar of Titles, County of Hennepin, except that part T.lesterly of a line drawn at right angles from a point on the South line of said Tract A, Distant 258 feet East (as measured along said South line) from the Southwest corner thereof; and 10/ 16 /72 Ig4 i IJHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said Parcelsas separate tracts of land do.not lnterferc with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordi- nance Nos. 811 and 801; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conxeyance 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 con- veyance 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 ordinances of the'village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Van Vallcen- burg and on rollcall there were five ayes and no nays and the resolution was adopted. THROUGH LOTS MINIMUM SETBACK ORDINANCE HEARING DATE SET, Councilman Shawl s motion was seconded by Councilman Courtney and carried, setting hearing date for November 6, 1972, for public hearing on a zoning ordinance amendment which would establish minimum setbacks on through lots. HALLA PROPERTY ZONING CHAEGE TO AUTONOBILE PARKING DISTRICT HEARING DATE SET. Councilman Shaw's motion setting November 6, 1972, for hearing date for Halla property rezoning to Automobile Parking District was seconded by Councilman Courtney and carried. LOT 46. 3f€ENINGSiBE, T;OT:.DIVISTON'HEARING DATE SET. Councilman Van Valken- burg's motion setting hearing date for the division of Lot 46, Morningside, for November 6, 1972, was seconded by" Councilman Johnson and carried. REPW OF OUTLOT A, GLEASON THIRD ADDITION HEARIEG DATE SET. Councilman Van Valkenburg's motion was seconded by Councilman Johnson and carried. setting. hearing date for Replat of Outlot A, Gleason Third Addition, for November 6, 1972, - -. HOUSIEG NEEDS COIDIITTEE QUESTIONNAIRE APPROVED. ~7as seconded by Councilman Johnson and carried, accepting the Housing Needs Committee Questionnaire, as" amended, which questionnai"r& wili be sent to all Edina residents. Councilman Courtney' s motion HENHEPIN COUNTY GENERAL HOSPITAL BUDGET AND TAX LEVY SCHEDULE REVIEVED. Mr. Hyde called Council's attention to the Hennepin County General Hospital Fund 1973 Budget Revenue and Tax Levy, noting that the suburban levy for General Hospital support will be .941 mills for 1973 as opposed to 1.060 mills for 1972. No action was taken. EDINA JAYCEES BINGO PERNIT APPROVED. llotion of' Councilman Courtney was seconded by Councilman Van Valkenburg and carried, approving a Binbo Permit for the Edina Jaycees to be held at the Edina Country Club on November 14, 1972. NORTHHESTERN BELL TELEPHONE COMPANY SUIT NOTED. Mr. Hyde called Council's attention to a suit brought by Northwestern Bell Telephone Company against J. A. Danens & Sons, Inc., and Kenneth Ros.land and Donald Loftus, involving an incident in which a telephone cable was cut. to the insurance company and the Village Attorney. The matter has been teferred IfUD LAKE TASK FORCE REPORT REV1EI;IED; TASK FORCE TO BE APPOINTED, Mr. Hyde called Council's attention to the Edina Environmental Quality Commission's Bud Lake Task Force Report which consolidates and evaluates data generated by various studies which had been previously authorized by the Council. He advised also that the Environmental Quality Commission had dquested that Council authorize reproduction of at least 100 copies of this report for distribution to the Planning Commission and Park Board and made available for the general public. The Environmental Quality Commission also recommended that a nev7 task force, composed of the Eqjvir nmental Quality Commission, Park Board, Planning Commission, and staff members/ >e ormed to recommend to Council a course of action for development or nondevelopment of the Mud Lake area. The Envir- onmental Quality Commission further suggested that this new task force be per- mitted to hold public meetings to gain feedback from Edina residents prior to making a final recommendation to the Council, and suggested names for possible 10116/72 appoi tinkpt t the new Mud Lake Task Force. Mayor Bredesen made it clear that Council would not be bound by recommendations of the new Task Force and that, perhaps, he would consider the suggestions of the Environmental Quality Com- mission for appointment of members of the new Task Force. 6108 York Ave. S., said that the names suggested by the Environmental Quality Commission were only suggestions and made in an effort to assist Council with its appointments. Following considerable discussion, Councilman Courtney's motion commending the EnuirFnment&l:-Quality Commission for its Mud Lake Task Force Report was seconded by Councilman Van Valkenburg and carried. man Courtney then moved that the Mayor, with the consent of the Council, appoint members to the new Mud Lake Task Force and that they be empowered to draw up several preferences that Council may put into force. Councilman Courtney's motion also authorized reproduction of up to 100 copies of the report. Mn. Robert Sandilla Council- Motion was seconded by Councilman Van Valkenburg and carried. PROPOSED RECYCLING COLLECTION CENTER DISCUSSED. attention to a letter written-by the Environmental Quality Commission Solid Baste Committee serve as a catalyst in running a recycling collection center in the Village. that the only activity in which the Solid gaste Committee could participate would be the setting up of the initial meeting and that at no time would the Solid T.?aste Committee be permitted to take an active role in the actual operation of the collection center. Mr . West called Council' s inviting Edina civic organizations to a meeting which would for any organizations which may wish to become involved Mr. West emphasized No action was taken. ._ FEdERAL REVENUE SHARING FUNDS TO BE RECEIVED. the Village will be receiving approximately $160,000 from Federal Revenue Mr. Hyde advised Council that Sharing Funds ($3.50 per capitaj-. for eight areas: Public Safety, Environment Protection, Public Transportation, Health, Recreation, Social Services for the poor and Aged, Financial Administra- tion and Libraries. Mr. Hyde brought out that the formula from the Senate and House both is based on total tax effort, total population and the poverty index, and added that at the local level the losers are the suburbs. informally agreed to let the budget levy stand with the County and hold the funds to be received in reserve. METROPOLITAN SEWER BOARD LEGAL ACTION AUTHORIZED. posed Joint Powers Agreement authorizing a Joint Powers lawsuit against the Metropolitan Sewer Board to test the validity of the action of the Metropoli- tan Council in its determination to adopt a new formula for the allocation and collection of costs to be borne by municipal governments. Following some discussion, Councilman Courtney's motion was seconded by Councilman Johnson and carried, authorizing legal proceedings against the Metropolitan Council and authorizing payment of Edina's equitable and proportionate share of the cost, not to exceed $2,000. Councilman Courtney thereupon offered the follow- ing resolution and moved its adoption: Mr. Dalen said that these funds can be used It was Mr. Hyde presented a- pro- - RE SOLUTION WHEREAS, the City of Brooklyn Center and other municipalities have or will commence legal proceedings io test the validity, of the action of the 'Metropoli- tan Council in its dete'rmination to adopt a new formula for the allocation and collection of certain "current coststE to be borne by municipal governments pursuant to Chapter 473C of Minnesota Statutes; NOb7, THEREFORE, be it resolved by the Edina Village Council that the Village of Edina enter into lega1,proceedings against the Metropolitan Council and pay its equitable and proportionate share of the cost, not to exceed $2,000. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there .were five ayes and no nays and the resolution was adopted. ARNESON HOME PROTECTION SYSTEM CONTINUED TO NOVEMBER 6, 1972. Mr. Hyde called Council's attention to the fact that the.Arneson home will be vacant this winter and recommended leasing a protection system for the property. -Mr. Dalen said that he has received two proposals for the system and will bring the irlformation to the next meeting. DOG PATROL SYSTEM CONTINUED TO NOVEMBER 6, 1972. Mr. Hyde recalled that the Village's contract with Tonka Kennels for animal control will expire on January 1, 1973, at which time the company will be out of business. He advised that he has been ea2lking with Richfield, Eden Prairie, Bloomington, Hopkins and St. Louis Park and, -3 presently investigating various possibilities. matter was continued to November 6, 1972, by motion of Councilman Van ValkenbuK,g, seconded by Councilman Shaw and carried. The GRAND VIEV PARK CEMETARY ACQ-UISITION DISCUSSED. Mr. Erickson advised Council lands, including Grand View Park Cemetary, he had reviewed documents betBeen .that, following Council's authorization of the acquisition of tax-forfeited 10 /16 /7 2 ( his office and the Village and that it appears that the owners of the property have been waiting for the tax forfeiture to occur so that they can contest the taxation and the forfeiture. llr. Ericlcson advised that he is concerned with the status of that portion of the property in which graves are now located and that, if the property is not used for the public purpose for which it was . acquired, the Council %hall authorize the properrofficials to convey the same, or such portion thereof" not required for an authorized public use, to the State of Minnesota. No action w'as taken: FIRE DEPARTMENT CONIENDED ON FIRE PREVENTION WEER DISPLAY AT SOUTHDALE. Mr. Hyde commented on the find Fire Department €lisplay which was staged at South- dale Center during Fire Prevention Week, whereupon Councilman Johnson's motion commending the Fire Department was seconded by Councilman Shaw and carried. HENNEPIN COUNTY HEALTH CARE FACILITIES OPPOSED. Mr. Hyde called Council's attention to a letter from Hennepin County Health Services Coordinating Team advising that public hearings will be held on October 17 and November 21 on health care services in neighborhood areas. Mayor Bredesen said for the record that the health services that: have already been created should be adequate to talce care of the medical needs of the County. said that he would oppose the proposal on the grounds that the County is try- ing to set up these centers as a condition to the allowance of the Certifi- cate of Necessity Qf General Hospital. Councilman Shaw's motion was seconded by Councilman Courtney and carried that a resolution be prepared for consid- eration at a future meeting which would oppose establishment of such facilities unless a need is clearly demonstrated. Councilman Shaw SUBURBAN HENNEPIN COUNTY NURSING DISTRICT PARTICIPATION FOR 1973 AUTHORIZED. Mr. Hyde called Council's attention to a letter from Suburban Public Health Nursing Service advising that they anticipate maintaining the assessment rate at 34C based on the last official population census, with the Village's share kif7ep at.$14,975. moved its adoption: WHEREAS, pursuant to Minnesota Statutes, Section 145.08 and 145.12, provision has been made for a public*health nursing district in that portion of Hennepin County outside the City of Minneapolis; and FIEREAS, pursuant to such authority such a public health nursing discrict has been organized and has been in opgration for several years; and WHEREAS, it is deemed necessary to continue the operation of such nursing district and to provide it with adequate funds for its proper operation; that this political subdivision continue to be included in the public health nursing district of Suburban Hennepin County, organized on January 4, 1952; that it participate in the benefits thereof; and that it agrees to support on an apportionment basis its pro rata share of the cost of the administration of such district provided, however, that for the period bf .Januar$ 1, 3973 fhrough:Decemherl31, 1973, this cost shall not exceed 34~ per capita on the basis of the last official census; and BE IT FURTHER RESOLIED that this resolution shall be deemed an agreement to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. CdlincIIman Shaw offered the following resolution and RESOLUTION I NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE VILLAGE OF EDINA NEI.3 ROOF FOR GRANDV1ET.J LIQUOR STORE AUTHORIZED. Mr. IlaEen advised that a - net7 roof is needed 'for the Grandview Liquor Store and presented informal bids Paken .wEiCh indicatdd. APlSBasons Ifioo€ing company was low bidder at $2,215.00 and John A. Dalsin & Sons bidding '$2,747.00. motion warding bid to recommended low bidder, All Seasons Roofing Company, was seconded by Councilman Shaw and carried. ABC FOUNDATION OPEN HOUSE ATTENDED. an open house at 6304 France Avenue for the ABC Foundation. Councilman Van Valkenburg's I Councilman Shaw said that he had attended BOLICE OFFICER PAT SCOTT COMMENDED. Pat Scott had been named to the All American Police Team for the year and Council was advised that Police Officer would be going to Salt Lake City to receive his award. motion extending sincere congratulations of the Council to Officer Scott was seconded by Councilman Johnson and.carried. Councilman Courtney's I- 10116 /7 2 I HENNEPIN COUNTY WELFARE - PUBLIC HEALTH NURSING SERVICE MERGER OPPOSED. Mr. Hyde advised that the overhaul of the County welfare system also calls for the County Helfare Department to take over the Public Health Nursing Service. He said that Miss Hilda Boyle was strongly opposed to this merger and had requested the Council to write to the Governor and to the Legislators expressing the opposition of the Council. offered the following res6lution and moved its adoption: WHEREAS, the 1973 Session of the Ninnesota State Legislature may receive proposals to merge county public health nursing services with county welfare departments as a result of efforts of the State Welfare Departrgent; and BHEREAS, such a merger would in effect deprive citizens who are not on welfare from being ablt to utilize public health nursing services; and WHEREAS, the provision of health services should continue to be separate and distinct from the provision of welfare services; NON, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina advise the Governor of the State .of Minnekota, the Representatives and Senators in the Legislature and the Hennepin County Board of Commissioners ' of its firm opposition to any attempts to combine public health nursing with public welfare activities; Motion for adoption of the-resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no'nays and the resolution was adopted. Councilman Courtney thereupon RESOLUTION CLAIMS PAID. Shaw and carried for payment of. the following claims as per Pre-List: General Fund, $61,596'02; Construction Fund, $214,060.48; Park, Swimming, Arena, Golf, Gun Range, etc., $16,150.15; S.later Fund'; $6,788.43; Liquor Fund, $129,069.85; Sewer Fund, $1,832.80; PIR and Poor, $1,324.63; Total, $432,036.84. Motion of Councilman Van Vallcenburg was seconded by Councilman The agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:35 p.m. .. Village Clerk %L idd z5!u#Lu