HomeMy WebLinkAbout19721218_regular"TES OF THE REGULAR MEETING OF THE
EDINA VIUAGE COUNCIL HELD AT VILLAGE HALL ON
DECENBER 18, 1972
Hembers answering rollcall were Councilmen Johnson, Shaw and Mayor Bredesen.
[Councilman Courtney was also present. See Mnutes of February 5, 1973) '
HINUTES of November 6 and 20 and December 4, 1972, were approved as submitted
by motion of Councilman Johnson, seconded by Councilman Shaw and carried.
BOY SCOUT TROUP 114 RECOGNIZED.
of Boy Scout Troup 114 from St. Stephens Church who were in attendance
who are working toward a Citizenship Award.
BJ3PLAT OF OUTLOT A, GLEASON 111 ADDITION COlTINUED TO JANUARY 15, 1973.
of Councilman Johnson was seconded by Councilman Shaw and carried continuing
public hearing for Preliminary Approval of Replat of Outlot A, Gleason 111
Addition to January 15, 1973.
November 6 and December 4, 1972.
Nayor Bredesen extended a welcome to members
and .
Motion
This hearing had already been continued from
LOTS 2 AND 3, BLOCK 6, YORKTOWN, STORM SEWER EASEIBNT VACATION APPROVED.
Affidavits of Notice were presented by Clerk, approved as to form and ordered
placed on file.
this vacation, whereupon Councilman Johnson offered the following resolution
and moved its adoption:
Ilr. Dunn advised that ho*.objections had been submitted to
RESOLUTION VACATING STORM SEWER EASEElENT IN
LOTS 2 AND 3, BLOCK 6, YORKIIIOUN
NkREAS, two week's published, posted and mailed notice of a Hearing to be
held on December 17, 1972, at 7:OO p.m. on the proposed vacation of the
storm sewer easement hereinafter described has been given and made and a hear-
ing 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 storm sewer easement
as shown on recorded plat thereof, Hennepin County, IjEnnesota, be and is hereby
vacated :
The Storm
Yorlctotm,
the South
Notion for adoption
rollcall there were
Sewer Easement between Lots, 2 and 3, Block 6,
from 30 feet South of the North property line to
property line.
of the resolution vas seconded by Councilman Shaw and on
three ayes and no nays and the resolution was adopted.
LOT 46, NORNIhU=SIDE, DIVISION APPROVED. Mr. Luce presented Lot 46, Norningside
for division into two fifty'foot lots. Public Hearing for this division
request had been continued from November 6, 1972, so that the matter could be
referred back to the Planning Commission for findings of fact as to the lot
size variance meeting certain criteria pursuant to Village Ordinances and State
Statutes.
request and set forth findings of fact which concluded that the "granting of
the variance will not be substantially detrimental to the public welfare or to
other land or improvements in the neighborhood" because similar divisions have
previously occurred in this neighborhoodr Council reviewed the sizes of other
lots in the general area. Nr. Luce clarified that there are both 66 foot and
50 foot lots in the area. Mr. Jeff Owens, owner of the property, urged that
the division be made. Following some discussion, Councilman Shaw offered the
following resolution and moved its adoption:
Mr. Luce advised that the Planning Commission had discussed the
RE SOLUTION
WHEREAS, the following described property is at present a single tract of land:
Lot 46, Morningside, Hennepin County, Ninnesota; and
Ij.JRERI3AS, the owner has requested the subdivision of said tract into separate
parcels described as follows :
The North 50 feet of Lot 46, Morningside, Hennepin County, Minnesota;
and
Lot 46, Morningside, Hennepin County, Minnesota, except the North 50
feet thereof; and
WHEXEAS, it has been determined that compliance with the Subdivision and Zon-
ing Regulations of the Village of Edina will create an unnecessary hardship
and said Parcels as separate tracts of land do not interfere with the purposes
of the Subdivision and Zoning Regulations as contained in the Village of Edina
Ordinance Nos. 801 and 811;
NOV, 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.
801 and Ordinance No. 811 are hereby waived to allow said division and convey-
..
12/18/72
ance thereof as separate tracts of land but are not waived for any other
provisiori 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.
Notion for adoption of the 2esolution was seconded by Councilman Johnson and
on rollcall there were three ayes and no nays and the..resolution was adopted.
AI?ARR OF BTDS XONF.XR%ED .FOR:DECEMBEE-.4,q 1272. Councilman Johnson' s motion was
seconded by Councilman Shaw and carried ratifying the award of bids made at
the December 4, 1973, Council Meeting as follows: Bid for Lift Station at
Eden and Arcadia Avenues (Proposal A) was awarded to G. L. Contracting, Inc,,
low bidder at $16,750.00; Bid for Lift Station at Oaklawn Ave. at I?. 72nd
St. (Proposal B) was awarded to Industrial Construction Division, lob7 bidder
at $40,161.50; Cooperative bid with Hennepin County for administrative cars
was made to- American Central Automotive, Inc. at $3,078.62 with 1/2% discount
for payment of invoice within 20 days after receipt of complete delivery.
Councilman Courtney entered the meeting at this point.
-
ORDINANCE NO. 811-A31 GRANTED SECOND READING. Mr. Luce presented Ordinance
No. 811-A31 for Second Reading. This ordinance for rezoning of the Halla pro-
perty had been continued from the meeting of December 4, 1972.
were heard , whereupon Councilman Johnson offered the following ordinance for
Second Reading and moved its adoption:
No objections
ORDINANCE NO. 811-A31
BY ADDING TO TKE AUTOMOBILE PARKING DISTRICT
AN ORDINANCE mNDING THE ZONING ORDINANCE (NO. 811)
THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS:
is amended by adding the following thereto:
of the following properties :
Section 1.
"The extent of the Automobile Parking District is enlarged by the addition
Tracts B, C and D, Registered.Land Survey No. 390, Files of Registrar
of Titles, County of Hennepin, Minnesota; and
All of Tract A and that part of Tract B, Registered Land Survey No.
1021, Files of Registrar of Titles, Coun'ty of Hennepin, lying North of
a line parallel with and 237 feet South of the most Northerly line of
said Tract 13 and same extended, except that portion thereof taken for
highway purposes. *)
Section 2. This ordinance shall be in full force and effect upon its
Paragraph 1 of Section'6 of Ordinance No. 811 of the Village
passage and publication.
Notion for adoption of the ordinance was seco
rollcall there were four ayes and no nay
ATTEST :
MORNINGSIDE GAE3iAGE AND REFUSE CONTRACT AIJARDED TO ABLE SANITATION.
presented a tabulation of four bids received for refuse collection in the Morn-
ingside area received in response to Advertisement for Bids in the Edina Sun
and Construction Bulletin on November 30 and December 7, 1972.
fbr ttjo collections per week per residence for the year 1973 was given showing
Able Sanitation, Inc., low bidder at $42.00, Lake Harriet and Edina Sanitation
Service, $51.00 and Viking Disposal Service at $58.20. Present contractor,
Edina Morningside Sanitation bid only on two collections per week, limiting the
amount of refuse to be picked up, .at a cost of $48.00, limiting pickup to two
30.gallon cans and 3 garbage or yard bags, while the $42.00 bid of Able Sani-
tation provided for pickup of all refuse.
a question from Mr, N. C. Tomlinson, 4213 Lynn Ave., that there would be no
limit as to the amount of refuse to be picked up. Mayor Bredesen said that
he belseves that it is morally wrong to give the Morningside area a better
arrangement for garbage pickup than the rest of the Village. Mr. Hyde recalled
that, at the time of the Norningside annexation, it had been agreed to attempt
to continue the arrangement under which garbage was being pick up at that time.
F0~~017~11g some discussion, Councilman Courtney' s motion was seconded by Council-
man . Shaw and carried awarding contract for refuse pickup for the Morningside
area to Able Sanitation. Councilman Courtney then offered the following resolu-
tion and moved its adoption:
FIHEREAS, since 1955, Robert: J. Sloan , owner of Edina-Morningside Sanitation,
bas faithfully served residents of the Morningside area;
Mr. Hyde
Tabulation
Plr. Hyde pointed out,-in.re$ponse to
ESOLUTION
12/18/72
.
Nm7, THEREFORE, BE IT RESOLVED that the Edina Village Council express its
sincere appreciation and commendation to ROBERT J. SLOAN for his many years
of excellent and faithful service to the community.
$lotion for adoption of the resolution ~7as seconded by Councilman Johnson and
on rollcall there were four ayes and no nays and the resolution was adopted.
TRUCK BIDS AWARDED.
ation with Hennepin County.
of Public Vorks showed International Harvester low bidder at $2,542.43; Midway
Ford Co., at $2,616.00; Knneapolis G.M.C. Truck Center, $2,785.36, Bill Boyer
Ford, $2,705.00; Narth Star Dodge, $2,640.20; Town's Edge Ford, $2,707.00 ,
Brellenthis Dodge, $2,659.15; and Iten Chevrolet, $2,699.00. Tabulation for
bids for Park Department vehicle showed North Star Dodge low bidder at
$2,976.40; Bill Boyer Ford at $3,113.00; Town's Edge Ford at $3,119.00;
Brellenthin Dodge, $3,302.00, Iten Chevrolet, $3,076.00; Midway Ford, $3,077.00,
councilman Johnson's motion was then seconded by Councilman Courtney and carried
awarding bid for base bid to recommended low bidder in both-cases.
Nr. Hyde presented tabulation of nine bids taken in cooper-
Tabulation for 1/2 ton pickup for the Department
GLACIER PLACE PERMANENT STREET SURE'ACIHG AND CURB PETITION was received and
referred to the Engineering Department for processing by motion of Council-
man Johnson, seconded by Councilman Courtney and carried.
>DE. CAROLYN DENCER PSZQUEST .FOR OPEN SPACE DISCUSSION COIflINUED UNTIL OPEN
SPACE ADVISORY REPORT IS RECEIVED. Mayor Bredesen called Council's attention
to a letter from Nrs. Carolyn Denclcer, 6104 Arctic Way, requesting that Mr.
Arnold Haering of the Metropolitan Council Open Space Department attend a
Council or Planning Commission meeting in the immediate future.
gested that this request be continued until after a report on the Open Space
Advisory Committee Ss submitted.
reviewed by the Environmental Quality Commission, then the Planning Commission
and that any appearance before the Council by Mr. Haering at this time would
be premature.
until such a report is forthcoming from the Open Space Advisory Committee thru
the Park Board.
Mr. Hyde sug-
He suggested that the report first be
'
Councilman Johnson then moved that the matter be continued
The motion v7as seconded by Councilman Courtney and carried.
DUANE OELSCHLAEGER CLAIM FOR DAMAGES. REJECTED.
attention to a letter from Idr. Duane Oelschlaeger, 4128 FJ. 62nd Street,
advising that the insurance company had denied reimbursement to him for $200
damages to his property which had been caused by sewage back-up in his base-
ment because of Halloween vandalism.
since the insurance company has taken the position that the Village has no
liability, the Village could be accused of illegal cspenditure of public funds.
Councilman Johnson's motion was then seconded by Councilman Courtney and car-
ried, rejecting Pir. Oelschlaeger's request for reimbursement by the Village.
MAR-BARRY ADDITION GRANTED FINAL PLAT APPROVAL.
Addition for final plat approval, noting that this matter had been continued
from November 20 and December 4, 1972.
Johnson offered the following resolution and moved its adoption:
3lr. Hyde called Council's.
Village Attorney Erickson said that
Mr. Luce presented Mar-Barry
No objections being heard, Councilman
RESOLUTION APPROVIHG FINAL PLAT OF
MAR-BARRY ADDITION
BE IT RJXOLVED by the Village Council of the Village of Edina, Minnesota, that
that certain plat entitled "Mar-Barry Addition", platted by R. R. Lundgren,
Inc., a Minnesota corporation, and presented at the meeting of the Edina Vill-
*age Council of December 18, 1972, be and is hereby granted final approval.
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.
VIKIhT HILLS 4TH ADDITION preliminary plat approval hearing date was set for
January 8, 1973, by motion of Councilman Shaw, seconded by Councilman Courtney
and carried.
EQT 9, BLOCK 1, SOUTH HARRIET PARK 2ND ADDITION lot division hearing date was
set for January 8, 1973, by motion of Councilman Shaw seconded by Councilman
Courtney and carried.
OUTLOT 2, IROQUOIS HILLS 4TH ADDITION CONTINUED TO JANUARY 15, 1973. Mr. Luce
advised Council that Outlot 2, Iroquois Hills 4th Addition had been plated
as an outlot pending future development of the interchange at County Road 18
and Valley View Road. He added that the owners of the property have asked
that the outlot be declared a buildable lot. Mr. Dunn advised that Hennepin
County is now studying plans for the interchange, whereupon Councilman Shaw's
motion was seconded by Councilman Johnson and carried continuing the matter to
January 15, 1973.
12/18/72
i
T-4 M
C.A.T.V. STATUS REPORT NOTED. Councilman Courtney called Council's attention
to a status report submitted by the Southwest Suburban C.A.T.V. Study Commis-
sion which stated that: it $a believed that each community sIruuEd have t51e right;
to decide on the type of C,A,T.V, franchise they will give and to whom.
action vas taken.'
No
CROSSTOWN JXCGHFJAY OVERLAY TO BE EXTENDED FROM BEARD PLACE TO 1- AVENUE.
Mr. Hyde recalled that Council had adopted a resolution requesting the
County Highway Department to approve funds for the installation of asphaltic
blacktop of the Crosstown Highway between France and the Uest Edina Village
Limits in order to reduce noise levals. He called Council's attention to
a reply from the County adizising that since studded tire damage beyond PJyman
Avenue is not excessive, an overlay will be installed between France Ave.
and IJyman Ave. Councilman Eourtney' s motion vas then seconded by Council-
Sh@ and carried that the improvement as now proposed be accepted with thanks Ila3 w1 /&e reservation that the overlay be continued to the Vest Village Limits
when it is needed.
HUMAN RIGHTS COMMISSION PROPOSAL FOR FANILY LIFE BORKSHOP REFERWD TO SCHOOL
BOARD.
Rights Commission for a Family Life IJorlcshop which would focus on "presenta-
Council's atcention was called tQ a proposal from the Edina Human
tions and discussions about family life, including parent-teen relationships,
husband-wife relationships, youth problems and opportunitues, family counsel-
ing resources to help meet these needs".
sion on issues such as drug use and abuse, preparation for college, runaways,
alternative educational programs, relations between the sexes, communications
within the family, lighted schools, appreciation of human differences. Council-
man Courtney moved that $1,000 be allowed of the 1972 Human Rights Commission
budget for a Family Life Workshop to be held in the spring of 1973.
died for lack of a second. Council concurred that portions of such a program
would have some merit.
within the scope of the ordinance. It was suggested that if such a workshop
could not be carried out under the scope of the ordinance, perhaps the Human
Rights Ordinance should be amended or a new ordinance adopted.
considerable discussion, Councilman,Johnson moved that the matter be referred
to the Edina School Board for its_consideration to determine whether or not
it wished the Human Rights Commission to'undertake the conference.
seconded by Councilman Courtney and carried.
The program would include dzscus-
The motion
Di'scussion ensued as to whether such a-workshop is
Following
Motion was
$200.00 PAYMENT AUTHORIZED FOR HUMAN RIGHTS CONSULTANT. Motion of Councilman
The Mayor voted "Nay".
Courtney v7as seconded by Councilman Shaw and carried authorizing $200 .OO pay-
ment for tabulation of Youth Task Force Questionnaire.
REVENUE SHARING FUND DESIGNATED.
Fund must be established, Councilman Courtney offered the following resolution
and moved its adoption:
BE IT RESOLVED by the Edina Village Council that a special Revenue Sharing Fund
be established at one of the regular depositories of the Village.
Motion for adoption of the *resolution was seconded by Councilman Johnson 'and
carried. Nrs. Alison Fuhr questioned the amount received by the Village and
was told that a check in the amount of $81,318.00 had been received for the
first one-half year.
Upon being advised that a Revenue Sharingt
RESOLUTION
NEW SOUTJDALE LIQUOR STORE 0PENlNG.NOTED; PECE POLICY AND PROMOTION APPROVED.
Mr. Hyde advised Council that the new Southdale Liquor Store will open, hope-
fully on January 2, 1973. ..He reviewed prices proposed to be charged at all
Edina liquor stores and outlined plans for promotion.
approving prices and advertising promotion recommended by the Village Manager
Councilman Shaw's motion
was seconded by Councilman Johnson and carried.
ANIMAL CONTROL SYSTEN DISCUSSED.
now obtained a van for animal pick-up and 2etained.the an9mal control officer who
Mr. Hyde-advised Council that the Village has
has,been working for the Village most: recently. The Bloomington Dog Pound will
be used on a temporary basis while negotiations are being worked out with Rich-
field, Eden Prairie and Bloomington for acquisition of a joht facility.
action was taken.
DECEMBER 29 SET AS SPECIAL MEETING DATE for payment of year-end bills by motion
of Councilman Courtney, seconded by Councilman Shaw and carried.
No
BRAEMAR APaNA BOILER EXPLOSION REPORTED.
death. of an employee of Metropolitan Mechanical Contractors while ~mrlclzag on
the gas boiler. The State Fire Marshall and Village insurance comoanies are
investigating the matter.
Mr. Hyde advised Council of the tragic
12/18/72
SPRINKLER ORDINAXCE DISCUSSED. - Mr. Hyde advised Council that an ordinance will
soon be presented to Council which would call for the installation of sprinkler
systems for buildings which exceed four or five stories.
ings are under canstruction which will exceed the height of the aerial ladder,
.but that commitments have been made to install automatic sprinkler systems in.
these buildings.
He noted &at two build-
No action was taken.
RESIDENTIAL PROPERTY SURVEY SUMNARY REVIENED. blr . Hyde called Council' s
afEdntion to a report by the Village Assessor, Kent 5~7anson, noting that the
survey was approximately 40% complete and would be completed this coming sum-
mer. No action was taken.
ERT;IIN N. SCHWAB ADDITIONAL COEPENS!&TION REQUEST REJECTED. Mr. Hyde called
Council's attention to a request of Mr. Erwin N. Schwab for payment by the
Village of an additional $466.43 for payment for installation of facilities
in his house at 7632 Upton Ave. S. to conform with facilities that had been in
the house taken by the Village at 7720 Xerxes Ave. S. Councilman Johnson's
motion 17as seconded by Councilman Shaw and carried that this bill be rejected.
HYDE PARK ADDITION DEVELOPER'S AGREEMENT IN DEFAULT; VILLAGE TO FORCE COLLECTION
AND NEGOTIATE.
oper's Agreement is in default and installments for the special assessments
for the Plan B improvements payable in 1971 and 1972 have not yet been fully
paid. Following some discussion, it was moved by Councilman Courtney, seconded
by Councilman Johnson and carried authorizing the Village Attorney to proceed
to force collection and negotiate.
1.k. Erickson advised Council that the Hyde Park Addition Devel-
$IUD LAKE STUDY COtDECTTEE APPOINTED. Mayor Bredesen presented the following
list of persons for appointment to a study committee to prepare recommendations
of alternatives for the development of the Mud Lake Park: Nr. Ronald Hays,
Chairman of the Environmental Quality Commission's llud Lake Task Force; Mrs.
Barbara Casselman, member of the League of Women Voters and the Environmental
Quality Commission's 14ud Lake Task Force; Nrs. Kathleen Wright, member of the
League of Women Voters and the Environmental Quality CommissionAs Mud Lake Task
Force; Nr. Clifford Johnson, member of the Planning Commission and the Envir-
onmental Quality Commission's Mud Lake Task.Force; Nr. David Runyan of the
Planning Commission; Mr. Gordon Johnson of the Planning Commission; Dr. R.
Paul Carson of the Park Board, Daniel Buresh, student from Edina Vest High
School; Mr. Roy H. Peterson, developer; $Sirs. Beatrice Pa1mer:representing
Edina Garden Clubs and Elr. John MacLennan of the Nine Mile Creek Watershed
District Board of Directors.
members were Mr. Robert Dunn and Mr. Kenneth Rosland of the Village staff.
Councilman Johnson's motion was then seconded by Councilman Courtney and car-
ried for appointment of the committee as recommended by Mayor Bredesen.
Recommended also by Mayor Bredesen as full voting
TRAFFIC SAFETY CONMITTEE MEETING MINUTES OF DECEMBER 13, 1972, BPEBOUED.
GONDITION&LY, . December 13, 1972 Traffic Safety Committee Ninutes were
presented for approval.
of the Traffic Safety Committee approving parking restrictions requested by
the City of Bloomington for no parking on the North side of Viking Drive
between Computer Avenue and T.H. 100 and on both sides of Computer Avenue
between 17. 77th Street and Viking Drive was completely unjustified. Council-
man Courtmy's motion was seconded by Councilman Johnson and carried for
approval of the Traffic Safety Committee Minutes with the understanding that
before implementing the no parking ban, the situation be restudied.
Councilman Johnson said that he believed that action
EDINA DAIRY STORE 3.2 OFF-SALE BEER LICENSE APPROVED. Councilman Courtney's
motion was seconded by Councilman Johnson and carried for approval of
issuance of a 3.2 Off-sale Beer License for Edina Dairy Store which has been
sold and is under new management.
ORDINANCE NO. 621-A2 GRANTED FIRST READING.
621-A2, amending Fire Zone 3, whereupon Councilman Courtney offered the follow-
Nr. Hyde presented Ordinance No.
ing Ordinance for First Reading:
ORDINANCE NO. 621-A3
AN ORDINANCE TRANSFERRING PROPERTY FROM
FIRE ZONE 2 TO FIRE ZONE 3
THE VILTAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
The description of Part A of Fire Zone Two of
as set forth in Ordinance No. 621, is hereby amended by adding at
thereof the following:
Section 1. the Village,
the end
12/18./72
M
"Lot 1, Block 5; Lot 4, Block 6; Lot 2, Block 3; Lot 3, Block 3;
all in Yorktown according to the written recorded plat thereof, Hennepin
County, PIinnesota, are hereby excepted. from the foregoing description."
Sec. 2. This ordinance shall be in full force and effect upon the
passage and publication of this ordinance.
ORDINANCE NO. 1102 ADOPTED ON SECOND REAlhNG.
No. 1102 for Second Reading which had been continued from the meeting of
December 4. Councilman Shaw offered the following ordinance for Second Read-
ing and moved its adoption as recommended by Mr. Erickson who said that the
ordinance may require future amendments once further information is made avaig
able from the Netropolitan Sewer Board:
Mr. Hyde presented Ordinance
ORDINANCE NO. 1102
AVAILABILITY AND FOR SEWER CONNECTION TO PAY RESERVE
ORDINANCE ESTABLISHING CHAJGE FOR SEWER SERVICE
CAPACITY COSTS OF METROPOLITAN SEWER BOARD
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Recitals. The Metropolitan Sewer Board has determined to
reserve unused capacity in the metropolitan disposal system each year commcnc-
ing.in 1973 for local gouernmetlt units in which new buildings will be con-
nected, and'new connections will be made, to that system during such year
and to allocate the debt sekvice costs of such*unused capacity for the year
among such local government units. In order for the Village to pay such costs
allocated to it each year, it will be necessary to establish sewer service
availability and connection charges for all buildings constructed or connected
to the metropolitan disposal system on or after January 1, 1973.
Section 2. Establishment of Charges and Amount of Charges.
(a) For the purpose of paying the costs of reserve capacity
allocated to the Village each year by the lfetropolitan Sewer Board, there is
hereby'established a charge for:
(1)
(2) connections, direct and indirect, to the metropolitan-
The charge is hereby imposed on each building in the Village, and on each
connection to the metropolitan disposal- system directly or through the Vill-
age's system, which is within any Sewer Service Area established by the
Netropolitan Sewer Board, construction of which building is commenced or which
* connection is made on'or after January 1, 1973. The charge shall be payable
at the time of, and as a condition to, the'issuance of a building permit'or a
connection permit, as the case may be, but no charge shall be due upon the
issuance of a connection permit if a charge was paid upon issuance of a
building permit.
units of sewage volume which it will discharge, multiplied by $275 if the
charge is determined during calendar year 1973, $300 if the charge is
determined during calendar year 1974, $325 if the charge is determined during
calendar year 1975, $350 if the charge is determined during caldndar year 1976
and $375 if the charge is determined during calendar year 1977.
after 1977 shall be as the Village Council, by ordinance, may determine.
unit of sewage volume shall be 100.,000 gallons per year and shall be assigned
the availability of treatment works and interceptors
comprising the metropolitan disposal system; and
disposal system.
(b) The charge for each building shall be equal to the numb'er of
The charge
A
- as follows:
(1)
(3)
(4)
(5)
single family dwellings and townhouses (including townhouse
type condominiums) shall eash comprise one unit; residences
containing, two dwelling units shall comprise two units;
condominiums for res,idential use (other than ttmnhouse
type condominiums) and apartments shall each comprise 80%
of a unit;
all other buildings shall be assigned one unit for each
100,000 gallons of flow or part thereof which thevillage
estimates 'they will discharge;
public housing and housing subsidized under any federal
program for low and moderate income housing shall be
counted as 75% of the unit equivalent for that type of
housing ;
buildings for residential use and existing or for' which
building permits were issued prior to January 1, -1973,
shall be counted as one-half the unit equivalent for that
type of residential building is connected to the metropol5
tan disposal system prior to January 1, 1974, and shall be
counted at the full rate thereafter.
'
I ?2'@ 12/18/72
Section 3. Administration. The Village Manager shall prepare or revise
building permit and sewage connection permit application forms to provide
. information necessary for the computation of the number of units assignable
to the building in question.
able to the Metropolitan Sewer Board upon request.
ordinance, increase, diminish, or change the amount and basis of the charges
herein established, from time to time.
Section 5. The charges herein established shall be in
addition to, and not in lieu of, all other charges imposed from timz to time
by the Village for building permits, sewer connection permits and sewer
rental charges.
passage and publication.
Notion €or adoption of the ordinance was sec
on rollcall there were four ayes and no n
ATTEST :
The Manager shall make such information avail-
Section 4. Council May Change Charges. The Village Council may, by
Other Charges.
Section 6. This ordinance shall be in full force and effect upon its
.- COUNTY ASSESSOR JUBISDICTION CHANGE DEPLORED. llr. Hyde presented a resolution
adopted by the City of%. Louis Park in opposition to any change involving
County. Councilman Courtney then offered the following resolution and moved
.L assessing jurisdiction in communities over 30,000 population in Hennepin ..
its adoption:
RJ3SOLUTION
WHEREAS. heretofore the Village Assessor of.Edina has complete jurisdiction, - -
without mandatory supervisory influence from.the'County Assessor; and
T+EEREAS, the Village Council of the Village of Edina feels that its Village
for County Assessors; and
laws ~hich govern Village Assessors on the same basis as County Assessors by
the Commissioner of Taxation in all communications, hearings and State Board
of Equalization conferences, under the provisions of Laws of 1969, Chapter
989, Section 1, Paragraph 2 ($SA 273.052);
NOT7, THEREFORE, BE IT RESOLVED that the Village Council of the Village of
Edina opposes any legislation that will impose County Assessor jurisdiction
or direct supervisory duties upon the Village Assessor's Office and further
reduces local control and jurisdiction in such matters.
Notion 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.
. Assessing Department retain the same authority and responsibility as provided
.WHEREAS, the Village Council of the Village of Edina supports the present
SOUTH HENNEPIN HUBIAH SERVICES PLANNING BOARD mORGANIZATION REQUESTED.
man Johnson offered the folloving resolution ana moved its adoption:
Council-
RESOLUTION
t7HEREAS. the Board of County Commissioners of Hennepin County is consider-
ing the- approval of a Community Planning Process designated to improve the
delivery of human services, including prigary health care services; and
VHEREAS, thirteen geographic planning areas are proposed to be established
within Hennepin County, only three of which are in the suburban area, the
balance being within the City of blinneapolis ;
NOV, THEREFORE, be it resolved by the Village Council of the Village of Edina,
that the proposed planning areas be reorganized to provide more adequate
recognition of the fact that the '!suburban" population of the County exceeds
that of the City of Minneapolis; and
BE IT FURTHER RESOLVED that the Board of County Commissioners limit the
expenditure of public moneys in the planning process to the absolute minimum,
that the planning process give full consideration to the cost to the taxpayers
of the services proposed, and that no service should be proposed unless
definite and quantifiable need can be demonstrated for it; and
BE IT IXSOLVED FURTHER, that the Hennepin County Commissioners are urged to
recognize the South Hennepin Human Services Planning Board as the official
human services planning unit for the south suburban area of Hennepin County,
including the communities of Bloomington, Eden Prairie, Edina and Richfield,
and to cormnit County funds and other resources to the provision of needed pro-
grams of service as recommended by the South Hennepin Human Services Planning
Board.
Hotion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there ~-7ere four ayes and no nays and the resolution was adopted.
r, w h
SALARY RESOLUTION for 1973 CONTINUED TO DECEEIBER 29, 1973. As recommended by
the Village Manager, Councilman Shaw's motion vas seconded by Councilman
Courtney and carried continuing the 1973 Salary Resolution to the December
29, 1972, meeting.
EDEN AVENUE DESIGNATED STATE AID STREET. As recomended by lfr. Dunn, Council-
man Johnson offered the following resolution and moved its adoption: ..
VJJEREAS, it appears to the Village Council of the Village of Edina that the
street hereinafter described should be designated a Hunicipal State Aid
Street under the provisions of Minnesota Laws of 1959, Chapter 500:
NOW, THEREFORE, BE IT RESOLVED by the Village Council of Edina of the County
of Hennepin that the road described as follow, to-wit :
Eden Avenue from IJ. 50th St. to County Road 158 (Vernon Ave.)
be, and hereby is established, located and designated a Municipal State Aid
Street of said Village, subject to the approval of the Commissioner of High-
ways of the State of Minnesota; and
BE IT FURTHER RESOLVED that the Village Clerk is hereby authorized and dir-
ected to forbard two certified copies of this resolution to the Commissioner
of Highways for his consideration, and that upon his approval of the designa-
tion of said road or portion thereof, that same be constructed, improved
and maintained as a lfunicipal State Aid Street of the Village of Edina, to be
numbered and known as Municipal State Aid Street 20-163.
Motion for adoption of the resolution was seconded by Councilman Courtney
and on rollcall there were four ayes and no nays and the resolution vas
adopted .
COMMISSION AND BOARD MEMBERS DISCUSSED.
he had sent letters to all members of various commissions and boards'some time
ago, asking them to respond if they wanted to be reappointed to their post on
a commission or board.
responses, Mr. West will write another letter to those who did not reply and
that he will ask those who do not respond to this second letter to resign and
new appointments will be made. No action was taken.
RESOLUTION ESTABLISHING MUNICIPAL STATE AID HIGIdJ7AY
byor Bredesen advised Council that
He said that because there have been relatively few
SALE OF $1,400,000 TEMPORARY IMPROVEMENT BONDS APPROVED. Mr . Hyde advised
of the prdposed sale of $1,400,000 Temporary Improvement Bonds to ourselves,
which matter had been continued from the meeting of December 4, 1973.
man Johnson offered the following resolution and moved its adoption:'
RESOLUTION AIJARDIhY; SALE, AUTHORIZING ISSUANCE
AND ESTABLISHING FORM AND DETAILS OF $1,400,000
TEMPORARY IMPROVEMENT BONDS
Counci&
BE IT WSOLVED by the Village Council of the 'Village of Edina, Minnesota, as
folloWS:
1. It is hereby found, determined and declared that the Village of
Edina has heretofore ordered in accordance with the provisions of Minnesota
Statutes, Chapter 429, and after public hearing as required by law, the con-
struction of the following local improvements, and has awarded contracts for
the construction thereof; that the Village has done and performed all acts
and things necessary for the final and valid levy of special assessments upon
the properties benefited by said improvements, in a principal amount not less
than 20% of the cost of each improvement, and that not less than 20 days has
expired from the date of the adoption of each assessment to the date of this
resolution; that said local improvements, designated by their Edina Improve-
ment Numbers, the cost of each of said improvements to the Village and the
amount of each improvement assessed, is as follows:
Cost to Village
Edina No. Amount Assessed
Street Improvement A-170 $ 4,310.42
A- 17 1 4,514.54
C-105 16,768.78
C-106 6,210.61
C-107 5,288.66 c- 109 27,526.92
c-110 21,356.80
BA-132 20,07 1.12
BA-153 31,418.6&
BA-156 6,303.78
BA-157 15,218.13
BA-158 8,483.52
BA-159 23,061.61
RA- 160 5,279.59
and '
Cost to Village
Amount Assessed
Edina No. and
Street Improvement BA-161 $ 17,665.36
BA-162 1 , 901.60
BA- 16 3 4,467.85
BA- 16 4 34,368.15
BA-165 18 , 409.50
BA-166 3,971 .OO
BA- 167 20,515.36
BA-169 155,106.41
BA- 17 0 10 , 929.42
BA- 17 2 38,790.73
BA- 17 6 2,902.90
BA- 17 9 9,605.56
BA-180 44 , 200.01
BA- 184 9,763.97
BA-185 40,452.96
BA- 186 12,667.33
E-26 7,625.57
Lighting No. L-8 55,342.14
Sanitary Sewer SS-286 28,790.54
88-287 8,709 -61
SS-288 57,660.38
SS-289 5,412.25
SS-292 40 , 49 8.89
SS-294 32,329.92
SS-295 26,592 .OO
SS-296 22,387.86
SS-299 5,116.17
SS-300 1 , 314.24
SS-301 761.80
SS-302 3 , 176.60
Watermain ITBl-248 19,056.70
I.lf1- 2 49 5,7 14.73
FTBl-250 12 , 392.27
VBl-251 4,235.59
I-TBI- 2 52 10.192.52
WM- 2 5 3 42,205.23
11?31- 2 5 5 30 , 551.05
1-IM-256 28,559.70
lnf-257 3 , 341.50
WM-258 46,073.37
GDl-259 8,529.64
GIM-260 16,742.05
WM-261 45,443.16 .
WM-262 15,511.52
WM-263 13 , 29 0 .40
1-264 6 , 863.23
T.IM-265 21 , 849.62
l@l-266 35,823.58.
IIM-27 1 979.68
W-272 3 , 46 3.08
WM-273 3 , 104.48
1W- 2 7 4 2,705.76
ITBI- 27 7 12,687.32
4 , 89 5.68
ST. S-121 16,748.76
ST. 5-122 6,331.49
' ST.S-123 24,557.43
ST. S- 125 13,295.94
Lift Station LS-7 37,786.50
that the total cost to the Village of said improvements is approximately
equal to and not less than $1,400,000, and it is necessary to borrow all of
said cost; that the total benefits resulting from said improvements to the
properties within the areas proposed to be assessed therefor, and to the Vill-
age at large, will be substantially in excess of the total cost of said
improvements; that said sum of $1,400,000 may best be borrowed by the issuance
of general obligation temporary improvement bonds of the Village in accord-
ance with the provisions of Minnesota Statutes, Section 429.091, Subdivision
3, as amended.
which is hereby designated as the '[name of improvement) Fund."
be held and administered by the Village Treasurer separate and apart from
Storm Sewer ST.S-120
2. There is hereby created a separate fund for each of said improvemants
Each fund shall
12/18/72
all other funds of the Village.
collections of all special assessments 1evied.for the improvement on account
of which the fund was created. In addition, into each of said funds shall be
paid the portion of the proceeds of sale of $1,400,000 Temporary Improvement
Bonds, herein authorized, equal to the cost to the Village of the improvement,
on account of which the fund was created, and any other moneys appropriated
thereto by the Village. Each fund shall be used solely to defray expenses of
the improvement on account of which the fund 97as created and to pay principal
and interest due on all temporary improvement bonds issued for the purpose of
financing said improvement until completion and payment of all costs of the
improvement. Thereuyon the fund created €or such improvement shall be dis-
continued, and any balance of the proceeds of the bonds nemaining therein
may be transferred by this Council to the fund of any other improvement
'instituted pursuant to this chapter,
subsequent collections of special assessments levied for such improvement
shall be credited and paid into the Temporary Improvement Bond Fund of the vi i lage .
and special debt redemption fund, to be maintained as long as any of the bonds
herein authorized remain unpaid, the moneys therein to be used only for the
payment of principal of and.interest on the bonds herein authorized and on
any additional bonds hereafter issued and made payable from said fund.
discontinuance of any of said improvement funds, and, as long as any of said
bonds shall remain unpaid, th'e collections of all special assessments pre-
viously required to be paid into the discontinued fund shall be paid into
said Tempora.ry Improvement Bond Fund, or, if' any definitive improvement bonds
have been issued on account of said improvement, into a fund to be created
for payment of such bonds.
Not later than December 15, 1975, this Council will by resolution
provide for the issuance, sale and delivery of definitive improvemznt- bonds,
payable from such fund or funds as may be determined by this Council, for the
purpose of providing moneys to pay and redeem all.temporary improvement bonds
payable from said Temporary Improvement Bond Fund which become due and payable
on said date, so far as the fund cannot be paid out of moneys then on hand
in said fund,
Temporary Improvement Bonds, .dated as of December 15, 1972, in the denomination
of $100,000 each and in the principal amount of'$1,400,000, to be numbered
from 1 to 14. Said bonds shall'mature on December 15, 1975, and shall bear
interest at the rate of 8.50% per annum from date of issue until paid or duly
called for redemption, all interest to be payable on June 15 and December 15
of each year, commencing on June 15, 1973. Each bond is subject to redemp-
tion, all interest to be payable on June 15 and December 15 of each year,
commencing OR June 15, 1973. Each bond is subject to redemption and prepayment
at the option of the Village on any interest payment date, in inverse order
of serial numbers, at a'price of par and accrued interest, on 30 days' notice
of call for redemption mailed to the registered owner thereof as shown on the
bond register of the Village and published in a daily or weekly periodical
published in a Minnesota city of the first class or.its metropolitan area
trhich circulates throughout the state and furnishes financial news as a part
of its service.
Village Treasurer. The bonds shall be purchased for the account of the
Improvement Bond Redemption Fund of the Village and it is hereby found,
determined and declared that such purchase is out of funds which will'not be
required for other purposes prior to the maturity of the temporary improvement
bonds herein issued; and that such investmmt is in accordance with the
provisions of Minnesota Statutes, Sections 471.56 and 475.66. The Village
Treasurer shall register .the bonds as 60 payment of principal by endorsement
on each of the bonds of a certificate of registration, reciting that the
principal thereof will be payable only to such person as by such registration
appears to be the owner thereof or his legal representative and the Treasurer
shall keep a permanent record of the bonds' registration.
7. The bonds shall have no attached interest coupons, and shall be
typewritten and photostated in substantially the following form:
Into each of said funds shall be paid the
All moneys not so transferred and all
3. Said Temporary Improvement Bond Fund shall constitute a separate
After
4.
5. The Village shall forthwith issue and deliver general obligation
Principal and interest shall be payable at the office of the
UNITED STATES OF AI4ERICA
STATE OF IIINNESOTA
COUNTY OF HENNEPIN
VI.LLAGE OF EDINA
TENPOURY IMPROVEMENT BOND
NO. $100,000
KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, a duly organized
and existing municipal corporation of the County of Hennepin, State of 2Enne-
sota, acknowledges itself to be indebted and for value received promises to
12/18/72
pay to bearer or, if this bond is registered, to the registered holder hereof,
the sum of ONE HUNDRED THOUSAND DOLLARS on the 15th day of December, 1975, or
on a date prior thereto on which this bond shall have been duly called for
redemption, and to pay interest thereon at the rate of three and fifty
hundredths per cent (3.50%) per annum from the date hereof until said principal
sum has been paid or this bond has been duly called for redemption, said
interest being payable on June 15, 1973, and semiannually thereafter on eacE
December 15 and June 15. Both principal and interest are payable at the office
of the Village Treasurer, in Edina, Minnesota, in any coin or currency of the
United States of America which on the respective dates of payment is legal
tender for public and private debts, For the prompt and full payment of such
principal and interest as the same respectively becomz due the full faith,
credit and taxing powers of the Village are hereby irrevocably pledged.
$1,400,000, all of like date and tenor except as to serial number, all issued
for the purpose of defraying expenses incurred and to be incurred in construct-
ing local improvements in said Village heretofore duly ordered and contracted
to be made in accordance with the provisions of Minnesota Statutes, Chapter
429, and is issued pursuant to and in full conformity with the Constitution and
laws of the State of IEnnesota thereunto enabling, and pursuant to resolutions
duly adopted by the Village Council.
the Temporary Improvement Bond Fund of said Village, to which fund there have
been irrevocably appropriated the special assessments levied in respect of the
improvements financed by said issue, and into which fund there are to be paid
the proceeds of definitive improvement bonds'which the Village is required by
law to issue at or prior to the maturity of this bond for the purpose of
refunding the same so far as the collections of special assessments on hand
in said fund or any other available Village funds appropriated for such pur-
pose are not sufficient for the payment thereof.
This bond is transferable by delivery, except while registered as to
principal in the name of a holder on the bond register of the Village kept for
that purpose at the office of the Village Treasurer, with such registration
noted hereon by said Treasurer.
shall be valid unless made on such register by the registered holder in person
or by his attorney duly authorized in writing and similarly noted hereon; but'
this bond may be discharged from registration by being in like manner trans-
ferred to bearer, and thereupon transferability by delivery shall be restored;
but the bond may again and from time to time be registered in the name of a
holder or transferred to bearer as before.
Each bond of this issue is subject to redemption at the option of the
Village on any interest payment date, at par and accrued interest, upon 30
days' notice of call for redemption mailed to the registered owner hereof a&
shown on the bond register of the Village and published in a daily or weekly
financial periodical published in .a Minnesota city of the first class or its
metropolitan area.
conditions and things required by the Constitution and laws of the State of
Ninnesota to be done, to exist, to happen and to be performed preliminary to
and in the issuance of tlus bond in order to make it a valid and binding
general obligation of safd Village according to its terms have been done, do
exist, have happened and have been performed as so required; that ad valorem
taxes, if needed for the payment of principal and interest, may be levied upon
all taxable property in the Village without limitation as to rate or amount;
and that the issuance of this bond did not pause the indebtedness of said
Village to exceed any constitutional or statutory limitation.
its Village Council, has caused this bond to be executed in its behalf by the
signature of the Mayor and Village Manager, and its official seal to be
affixed hereto, and has caused this bond to be dated as of December 15, 1972.
I This bond is one of an issue in the aggregate principal amount of
This bond is payable primarily from
While so registered, no transfer hereof .
I
IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts,
-
IN WITNESS WHEREOF the Village of Edina, Hennepin County, Hinnesota, by
I Nay0 r
Village Manager
(SEAL)
CERTIFICATE OF REGISTRATION
The within bond has been registered on the bond register kept at the
office of the Village Treasurerein Edina, Minnesota, and the principal hereof
will be payable only to such person as by such registration appears to be the
owner hereof or his legal representative.
NO WRITING HEREON EXCEPT BY Tm VILLAGE TREASURER
12/18/72
- Date Registered Owner Signature of Treasurer
ATTEST : (signed) ARTHUR C. BREDESEN, JR.
(signed) FLOPaNCE B. HALLBERG I
Mayor
Village Clerk
The motion for adoption of the foregoing resolution was duly seconded
by Councilman Shaw and upon the vote b,eing Caken thereon, there were four
ayes and no nays whereupon said resolution was declared duly passed and
adopted.
8. The bonds shall be prepared for execution under the direction of the
Village Clerk and shall then be executed on behalf of the Village by the
signatures of the Mayor and Village Manager, who shall affix the corporate
seal of the Village to the bonds.
purchased shall be inserted therein, and the bonds shall be deposited in
safekeeping by the Village Treasurer for the account of the Improvement Bond
Fund, and the Treasurer shall then transfer the purchase price of the bonds
purchased by such fund, to-wit, the par value thereof, to the funds of the
various improvements pursuant to paragraph 2 of this resolution.
bonds as the same respectively become due, the full faith, credit and taxing
power of the Village are hereby pledged. Each and all of the terms and pro-
visions of this resolution shall constitute a covenant and agreement on the
part of the Village with the holders from time to time of each bond issued
hereunder.
file a certified copy of this resolution with the County Auditor of Dakota
County, and to obtain from the County Auditor a certificate that,said bonds
have been duly entered upon his register.
The officers of the Village and County Auditor of Hennepin County
are hereby authorized and directed to prepare and furnish to the purchaser of
the bonds issued hereunder, and to the attorneys approving the legality of
the issuance thereof, a certified copy of this resolution and of all other
proceedings relating to said bonds, together with such affidavits, certificates
and information as may reasonably required to show the legality and market-
ability of said bonds, as such information appears from the books and records
in their custody and control or as otherwise known to them, and all such
certified copies, dertificates and affidavits shall be deemed represencations
of the Village as to the correctness of all statements contained therein.
The name of the fund for which the bond is
9. For the prompt and full payment of the principal and interest on the
The Village Clerk is hereby authorized and directed forthwith to
10.
LIQUOR FUND AS OF OCTOBER 31, 1972, was presented by Mr. Dalen, reviewed
and ordered placed on file by motion of Councilman Courtney, seconded by
Councilman Shaw and carried.
TREASURER'S REPORT AS OE! OCTOBER 31, 1972, was presented by Mr. Dalen, reviewed,
and ordered placed on file by motion of Councilman Shaw, seconded by Councilman
Johnson and carried.
EMPLOYEE HOSPITALIZATION COST REVISION AUTHORIZED. Mr . Dalen reported that
the Employee Hospitalization Committee had met and, because of past experience
and an endorsement to the plan for Alcholism Therapy, had recommended accept-
ing the following rates as proposed by Hennepin County and recommended by Mr.
Dalen: Total monthly cost for 1973 for single coverage was given at $19.04
and for family coverage at $54.00 for Blue Cross, M.I.I., Major Medical and
Alchholism Tlierapy, reflecting an increase fo.:be paid by the Village of $1.22
for single coverage for each employee. An increase of $0.82 for Group Health
was also noted for single coverage. Councilman Johnson's motion was seconded
by Councilman Collrtney and carried authorizing increased payment by the Vill-
age of the employees.' share of the hospitalization insurance.
CLAIMS PAID.
and carried for payment of the following claims as per Pre-List:
Fund, $28,257.60; Construction Fund, $115,749.86; Park Construction, Park,
Arena, Swimming, Golf, Gun, $14,067.20; Water Fund, $4,691.26; Liquor Fund,
$139,339.53; Sewer Fund, $1,312.37; Total, $323,417.82.
Motion of Councilman Shaw was seconded by Councilman Courtney
General
12/18/72
No further business appearing, Councilman Johnsonrs motion for adjournment
17as seconded by Councilman Shaw and carried. Adjournmznt at 8:45 p.m.
L- d. d-afL-6
Village Clerk
,