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HomeMy WebLinkAbout19730507_regulari MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON EIAY. 7, 1973 Members answering rollcall were Councilmen Courtney,. Johnson, Shaw, Van Valkenburg and Mayor Bredesen. HINUTES of April 16, 1973, were approved by motion of Councilman Van Valken- burg, seconded by Councilman Courtney and,carried, . I D#IMCE NO; 811.r-A33 GRANTED.-FZRST.READING. sented by Clerk, approved as to form and ordered placed on file, due notice given, public hearing was conducled and action taken as hereinafter recorded. rezoning of part of Lot 7, Block 1, Lund Kruse Addition from APD Automobile Parking District to C-2 Commercial District. Nr. Luce explained that the bank desires to expand in a Northerly direction so as to allow construction of a drive-in structure which would also serve llr. Luce recommended approval of the proposed reeoning required because walk-in traffic is .not allowed under the existing APD zoning. Mrs. Ann Anderson suggested that the rezoning would devaluate her property since it would bring in additional traffic and parking in the area. Councilman 3ohnson clarified that the property is appropriately zoned now except for the walk-in use. He then offered Ordinance No. 811433 for First Reading as follows: Affidavits of Notice were pre- . Pursuant to Mr, Luce presented $he request of First Edina National Bank for Iqith the aid of the viewgraph, * walk-in traffic after normal banking -hours. ORDINANCE NO, 811-A33 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE C-2 COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA. lIINNESOTA. ORDAINS: Section 1. Paragraph 3 of Section 9 of Ordinance No. 811 of the Vill- age is amended by adding the following thereto: the following properties : . "The extent of the Commercial District is enlarged by the addition of All that part of Lot 7,- Block 1, Lund Kruse Addition lying East of a line described as follows: Commencing at the Northwest corner of the property shown and designated as Library Lane on the plat of Lund Kruse Addition, thence North parallel to the East line of Sec. 3. * said Lot 7 to the North -line thereof and there terminating." ..- This ordinance shall be in full force and effect upon its passage and publication, KARL KRAHL PROPERTY REZONING RE-REFERRED TO PLANNING COMMISSION. Mr. Luce pre- sented the request for PRD-3 zoning of the Karl Krahl property which is located south of Vernon Avenue adjacent to the Crosstown Highway and recalled that this hearing had been continued from March 5, 1973 so that a presentation of a new plan could be made by the developer, Mr. Stanley Taube, attorney for Mr. Krahl, recalled that the most recent proposal had been granted unanimous concept approval by the Planning Commission, after which a dgspute had developed with the Environmental Quality Commission. The developer had claimed that the Environmental Quality Commission requirements were not required by the ordi- nance. Nr. Taube requested that the zoning be continued so that a new plan . (twelve units per acre but with service roads in the area) could be presented to Planning Commission on May 30, 1973, and to the Council on June 4, 1973. Reminding.Mr. Taube of Council's feelings af opposition to twelve units per acre and to the loss of trees, Councilman Courtney's motion re-refeF.rin$:ithe matter to the Planning Commission was seconded by Councilman Shaw and carried. Mayor Bredesen clarified that the matter presumaljly would be returned to the Counci.1 at its €irst:meetirig in June. ORDINANCE NO. 811-A32 ADOPTED. Mr. Luce presented Ordinance No. 811-A32 for Second Reading, recalling that this is a Council initiated rezoning to permit construction of a bank on the property. the following ordinance for Second Reading and moved its adoption: . Councilman Van Valkenburg then offered ORDINANCE NO. 811432 AN'ORDINANCE AEiENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE C-3 COMbSI2RCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: is amended by adding the following thereto: .the following property: . Section 1, Paragraph 3 of Section 9 of Ordinance No. 811 of the Village "The extent of the Commercial District is enlarged by the addition of 5/7/73 Qb - Lot 1, Block 1, Yorktown;6R Sec. 2. This ordinance shall be in full force and effect upon its. passage and publication. B Motion for adoption of the ordinance was seconded by Councilman Shaw I and on rollcall there were five ayes and ATTEST : *I .-i 23- &YLLed Village Clerk . . PORTION OF WEST 49TH STREET VACATED. Clerk, approved as to form and ordered placed on file. the petition of Mr. George J. Faust for vacation of a portion of I?. 49th Street located just Vest of W. Sunnyslope Road and extending to the new T.H. 100 right- of-way. 'No objections being heard and no easements required, Councilman Courtney offered the following resolution and moved its adoption: Affidavits of Notice were presented by Mr. Dunn presented RESOLUTION VACATING A PORTION OF WEST 49TH STREET . 4 - WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held,on May 7, 1973, 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: NCM, THEREFORE, BE IT RESOLVED by the Village Councilmof the Village of Edina, County of Hennepin, Minnesota, that the following described portion of West 49th 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: That portion of I?. 49th Street as platted in Tingdale Bros. Brookside, lying West of Lot 17, Block 6, Sunnyslope Section Country Club District and East of a line lying 40' West of and parallel to the Mest line of Lot 17, Block 6, Sunnyslope Section Country Club. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no- nays and the resolution was adopted. PORTION OF W. 60TH STREET VACATED SUBJECT TO RECEIPT OF EASEMENTS. of Notice were presented by Clerk, approved as to form and ordered placed on file. Drive and Stanley I?. Bastable, 5944 Walnut Drive for the Gacation of I?. 60th Street from Walnut Drive 17est ,to dead end. He advised that a easement would be required by the Village, that Northwestern Bell Telephone Co. and Northern States Power Company have facilities in the street and recommended that the vacation be withheld pending satisfactory arrangements with these companies and receipt of the easement required by the Village: *&unidentified gentleman in the audience was told that the blacktop easement to the lift station would be fourteen feet wide and that it would. not provide any access to the Walnut Ridge Apartment area. ing resolution and moved its adoption: Affidavits Mr. Dunn presented a petition signed by Mr. Paul Blumer, 6000 Walnut Councilman Courtney thereupon offered the follow- , RESOLUTION VACATING A PQBTION OF WEST 60TH STREET WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on May 7, 1973, at 7:OO p.m. on the.proposed street vacation hereinafter des- cribed has been given and made and a hearing has been held thereon by the Village Counci 1 : NCXJ, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of West 60th Street, all as platted and oferecord in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective June 6, 1973, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: That portion of Vest 60th Street lying West of Walnut Drive and East of IJalnut Ridge 3rd Addition. Motion for adoption of the resolution was-seconded by Councilman Shaw and on rollcall there were five ayes and no nays and tke resolution was adopted. VALLEY VIEW ROAD - COUNTY ROAD 18 INTERCHANGE TASK FORCE TO BE APPOINTED. Mayor Bredesen referred to many letters which had been received from residents with thoughts on bothssides of the Valley View Road - County Road 18 interchange. He dispelled rumors of construction of a super highway on Valley View Road or on W. 70th Street, stating that he knows of no person connected with Village govern- ment who would favor such action. Mr. Hyde recalled the history of the pro- posed intersection dating back to January 4, 1963, which included action taken at Council meetings of May 19, 1969, January 19, 1970 and June 21, 1971. It was on June 21, 1971, that the Village Council approved the Southwest Edina Plan Study which included a full diamond interchange at County Road 18 and 5/7/73 Valley View Road. On January 9, 1973, Layout F2 was pre ented t the Park Board by th;? Hennepin County Highway Department and on Eiarch 12, 1973, the Environmental Quality Commission unanimously approved the interchange, "provided, however, that there be no connection to Valley View Road and no extension of McCauley . Trail to the proposed intersection.LP Mr. Hyde recalled that the 494/100 Cor- ridor Study Ta'slc Force has been reviewing the D.M.J.M. Report but that no official action adopting any of the D.M.J.M. Report has been taken by any agency involved, including the Village of Edina. Mr. Hyde added that the Task Force has proposed a resolution that will be presented to the Council on May 21, 1973, requesting approval of the three concepts of the D.M.J.M. study which are con- trolled land use, improved public transit and street and highway improvements. He clarified that this resolution covers concepts only and does not approve any of the details of the report as it pertains to specific streets, and emphasized that, to date, Hennepin County has not made a formal request to the Council for re-approval of this interchange. Mr. Michael Buck, 6939 Valley View Road, said that he represents 1,000 residents in the area who feel that the residential and park areas are threatened by the traffic which the proposed interchange would attract. ions brought out in the D.M.J.M. Report which he said could not be handled without construction of two additional lanes on Valley View Road, four lanes on Valley View Connection Road: I?. 70th Street,between Antrim Road and T.H. 100, he added, will need four additional lanes, Gleason Road would need two additional lanes, as would other Noyth-South roads in the area. Mr. Buck emphasized that the D.M.J.M. Report does not include any study of the area West of County Road 18 which area also has:an important bearong on traffic in Southwest Edina. Mr. Richard Reeves, 7029 Valley View Road, and Mr. Edwin Caffrey, President of the League of Edina Property Owners, both spoke in opposi- tion to the proposed interchange. Mr. Reeves brought out that increased traffic would cause hazardous situations at Creek Valley, Cornelia and Cahill Elemen- tary Schools. Mr. Caffrey said that the '%est interest of the people who live in Edina, as contrasted with the interests of those who wish to hse Southwest Edina as the Crossroads of Southwestern Hennepin County and Carver County will be better served by eliminating the existing ground level access at County Road '18 and by not building any other type of free interchange a; that point.'" Opponents contended that additional traffic and noise levels caused by this , traffic woufd lower the value of their property. Mr. Egil Wefald, 7000 Sally Lane, reviewed suggestions and comments concerning the interchange as proposed by the Hennepin County Highway Department. He stated thacthe County plan is basicly sound and that closing of access to C.S.A.H. 18 from Valley View Road would "cause hardship and expense to an untold number of Edina residents who. to various parts of the state.&' Mr. Wefeld added that closing ingreee and egress to C.S.A.H. 18 would cause "major adverse safety problems in all neigh- borhoods as indiLated in the estimated increase in miles travelled for each vehicle denied access to C.S.A.H. 18." Questions asked by Mr. l?allace Lilja, 6933 Valley View Road, leddto a discussion about access for bus transportation for children in the Eden Prairie School District. owners' Association of Indian Foothills, said that residents of the area are continuing to meet with both Edina and Eden Prairie School Boards in an effort to arrive at an arrangement where all Edina properties in the area would be in the Edina School District. owners' Coalition, urged the Council to take whatever action is necessary to prevent the initiation of any construction in this area until this whole matter has been thoroughly studied so as to allay the fears and apprehensions of residents in the area. In reply to allegations of Mr. Reeves that the public is not kept informed, Mayor Bredesen explained the procedures employed by the Village in sending out notices. He urged residents to subscribe to the Edina - Sun but added that the Village has no control over news items in either the - Sun or in the Minneapolis papers. Mr. Hyde reiterated that no new plans have been formally presented to the Village by the County Highway Department and that this meeting is a public "discussion" rather than a hearing. Mr. John Emmer, President of Creek Valley P.T.A., expressed concern with the safety of children. He said that traffic caused by such an interchange would 1) hamper children's use of Braemar; 2) create excessive traffic by five schools; 3) increase problems of children walking to school. Following considerable discus&on, Councilman Johnson said that he had talked with Mr, Herbert Kloss- ner? County Highway Engineer, who advised him that before any action can be "taken, there still has to be some agreement reached on the access, if any, from the interchange to the balance of Southwest Edina and that the plan it- self would have to be presented to the Council.at a public hearing. Because of the substantial impact and the controversial nature of the proposal, Council- man Johnson thereupon offered the following resolution and moved its adoption: With the aid of the viewgraph, he referred to traffic project- 'have located in this area for reason of good access provided to highways leading %he President of the Home- lir. John Mortison, President of the Edina.Home- I . . ._ . -. 5/7/73 RESOLUTION WHEREAS, the construction of an interchange at the intersection of CSAH 18 and Valley View Road may have a substantial impact on the community and is highly controversial; and WHEREAS, the Edina Village Council believes it would be advisable to study further the proposed interchange: NOW, THEREFORE, BE IT RESOLVED that there is hereby established a CSAH 18 Interchange Task Force composed of the following members: the Village Planner, the Director of Parks and Recreation, a member of the Park Board, a member of the Planning Commission, a member of the Edina Envir- onmental Quality Commission, a member of the Edina School Board, a member of the Edina Homeowners' Coalition, and other interested residents of the com- munity. Except for the Village Engineer, the Village Planner and the Director of Pa'sks and Recreation, all members of the Task Force shall be appointed by the Mayor with the approval of the Village Council. The Hennepin County High- way Department shall also be invited to participate with the Task Force; and RESOLVED FURTHER, that the Task Force shall study and review the'proposed interchange and make recompendations to the Village Council on the following: the Village Engineer, 1) Should the interchange be constructed; and 2) If so, what access, if any, should be provided from such inter- change to (a) the Braemar facilities; and (b) other parts of Southwestern Edina? RESOLVED FURTHER, that the report of the Task Force shall be made in writing and submitted to the Mayor and other members of the Village Council as soon as practicable. Motion for adoption of the resolution was seconded by Councilman Van Valkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. Councilman Shaw then moved that the Valley View Road and Braemar Park accesses to County Road 18 be closed for one year, effective June 15, 1973, to give the Eden Prairie School District a chance to reorganize their bus routes, to pro- vide an opportunity for residents in the area to evaluate the inconvenience of having no direct access to County Road 18 and to evaluate the impact of internally generated traffic on their own streets. The motion was seconded by Councilman Courtney. Drive, Mrs, Wm. ,J. Chiesa, 6928 Valley View Road and Mrs. John t7. Brown, 7308 Claredon Drive, on tbe closing of the Braemar Park access to County Road 18, 'Councilman Shaw clarified that the intersection is hazardous and that there are still main East-West streets through the Village. Griffith who lives on Valley View Road, said that he believes that Councilman Shawls motion has considerable merit. audience sugges$ed that Braemar Park be blocked from the East and not from County Road 18. mostion lost with Councilmen Courtney and Shaw voting mAye" and Councilmen Johnson and Van Valkenburg and Mayor Bredesen voting "Nay". announced that appointments to the Task Force would be made shortly and that no approval of the plans could be withdrawn inasmuch as no approval was ever given by the Council. In reply to objections by Mrs. Caryl Dunn, 6921 Paiute Mr. Richard An unidentified gentleman in the Following considerable discussion the vote was*taken and the Mayor Bredesen WATER TANKS PAINT AND REPAIR WORK BIDS REJECTED. Mr..Hyde presented tabulation of four bids received for paint and repair work on the Southdale and Edina-East High School water towers. Van Valkenburg's motion was seconded by Councilman Johnson and carried that the bids be rejected because of some irregularities and that new bids be taken at a later date. As recommended by the Village Manager, Councilman BIDS AIfARDED FOR STREET IMPROVEMENTS BA-190, BA-lgOA, BA-192, BA-193 AND A-172. Mr. Hyde presented tabulation of five bids received for Street Improvements Nos. A-172. BA-190, BA-lgOA, BA-192, BA-193, noting that these bids had been contin- ued from the meeting of April 16, 1973. Tabulation showed Riegger Roadways, Inc., low bidder at $84,777.35, Minnesota Valley Surfacing Co. at $89,307.00, Bury & Carlson, Inc., at $99,264.70, McNamara-Vivant Contracting Co., at $99,647.20 and C. S. McCrossan, Inc., at $115,564.50 against Engineer's esti- mate at $111,116.00. Having received a letter from Mr. Herbert 0, Klossner, Hennepin County Engineer, concurring in the award of contract to the low bidder, Councilman Johnson's motion awarding to recommended low bidder, Riegger Roadways, Inc., was seconded by Councilman Van Valkenburg and carried. STORM SEWER ST.S.-131 BID &?ARDED. Mr. Hyde recalled that award of bid for Storm Sewer Improvement ST.S.-131 had been continued from April 16, 1973. Mr. Dunn advised that the attorneys for two opposing parties had reviewed the storm sewer proposal and he now recommended award of bids. Tabulation of three bids received showed G. L. Contracting, Inc., low bidder at $11,519.50, A. J. Chromy Construction Co., at $15,872.00 and C. S. McCrossan, Inc., at 98 ) 5/7/73 J $15,861.00. burg and carried awarding bid to recommended low bidder, G. L. Contracting, Inc. Councilman Johnson's motion was seconded by Councilman Van Valken- BTiAEMAR ARENA REFRIGERATION BIDS AWAEDED. five bids for construction of building to house engines, compressors and other related refrigeration equipment for Braemar Arena. Construction low bidder at $24,300.00, Crawford Merz Company at $25,900, Gustafson's Landscape'Construction at $26,605.00 and Don Dah1 Consthction at $34,851.00. burg and carried for award to recommended low bidder, Keho Construction. Tabulation of four bids received for dismantling, moving and installation of engines, compressors, chillers and related refrigeration equipment at Braemar arena. Tabulation showed €001-Air Mechanical, Inc., low bidder at $31,159.00, Metropolitan Mechanical Contractors, Inc., at $39,980.00, Gartner Refrigeration & Mfg., Inc., at $59,984.00'and Palen Refrigeration &Air Conditioning, Inc. at $59 ;900 .OO . Mr. Hyde presented tabulation of Tabulation showed Keho Councilman Johnson's motion was seconded by Councilman Van Valken- PAUL T. LOBENZ LZTTER REFERRED TO BIPEDPA COMMITTEE, Johnson was seconded by Councilman Courtney and carried referring the letter of Mr. Paul T. Lorenz, 5409 Blake Road, containing petitions in opposition to "Bicycle/l.Jalking Path'? to the Bipedpa Commit tee. Motion of Councilman SZSNITARY SEWER IIPROVEMENT SS-310 ASSESSMENT QUESTIONED, letter objecting to a proposed assessment of $6,000 for Sanitary Sewer Improve- ment 88-310 was called to Council's attention. cdmplained that the original estimate of cost of the sanitary sewer had been given at $3,000,. He said that the $6,000 cost was unreasonable and asked that other methods of construction be considered. estimated cost had been increased because the number of connections had been decreased from six to two and suggested that the cost might be somewhat re- duced if Blake Road was patched, rather than replaced. Following consider- able discussion, Councilman Johnson's motion that the matter be continued so that ISr. Clapp and Mr. Dunn can work out some satisfactory arrangement. ROY K. ERICKSON RESIGNATION FRO11 PLANNING CONMISSION ACCEPTED. 4 Council was advised of the resignation of Mr. Roy K. Erickson from the P&anning Commission whereupon Councilman Johnson offered the following resolution of appreciation and moved its adoption: BE IT RESOLVED that the Edina Village Oouncil joins the Planning Commission in offering the following resolution of appreciation to Mr. Roy H. ErBokson: NHEREAS, ROY K. ErtielCSCZ has given of his time and efforts to the Village of Edina by serving on the Village of Edina Planning Commission; and WHEREAS, Roy R. Erickson has contributed to the orderly growth and development of the Village of Edina: NCK?, THEREFORE, BE IT RESOLVED that :theLEdtna,VZllage Council joins with the Edina Planning Commission in extending to ROY K. ERICKSON the most sincere appreciation for his services and contributions to the Village; and BE IT FURTHER RESOLVED that asuitable copy of this resolution be transmitted to Roy K. Erickson. >lotion €or adoption of the resolution was seconded by Councilman Shaw and car- ried. Mr. Jack Clapp' s Mr. Clapp was present and Mr. Dunn explained that the I RESOLUTION OF APPRECIATION 1;IIUIAM B. RAMAY RESIGNATION FRO11 PARK BOARD ACCEPTED. Upon being advised of the resignation of Mr. William B. Ramsay from the Park Board, Councilman Johnson offered the following resolution and moved its adoption: WHEREAS, William B. Ramsay has served as a member of the Edina Park Board since June 1, 1967; and WHEREAS, during this-time William B. Ramsay has given of his time and efforts toward the continued growth and development of the Edira park system; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council joins with the Edina Park Board in expressing appreciation for the contributions of WILLIAM B. RAMSAY to the Village of Edina in his capacity as a member of the Edina Park Board; and BE IT FURTHER RESOLVED that an appropriate copy of this resolution be trans- mitted to William B. Ramsay in recognition of his se'fifce on the Edina Park Board, >lotion for adoption of the resolution was secondedzby Councilman Shaw and car- rLed;. RESOLUTION OF APPRECIATION 5/7/73 99. FOTOMAT CORPORATION APPEAL FROM BOARD OF APPEALS DECISION CONTINUED TO MAY 21 1973. Council's attention was called to an appeal by Fotomat Corporation to a Board of Appeals and Adjustments decision in which Fotomat Corporation was denied a request to build a Fotomat structurewat Leisure Lane in Yorktown. Erickson pointed out that this is the first meeting of the Council following that decision and that the ordinance provides that a hearing date must be set before the matter can properly come before the.Counci1. burg's motion was then seconded by Councilman Courtney and carried setting hearing date for May 21, 1973, with the understand that Mr. Erickson and Mr. Mammen or Fotomat Corporation get together to reach an understanding of the pertinent ordinances.. n Mr. Councilman Van Valken- MC CAULEY HEXGHTS 4TH ADDITION GRANTED FINAL PLAT APPROVAL. sented McCauley Heights 4th Addition for final plat approval, noting that all platting requirements had been met. the following resolution and moved its adoption: Mr. Luce pre- Councilman Van Valkenburg thereupon offered RESOLUTION APPROVING FINAL PLAT OF MCCAULEY H.EIIGHTS 4TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled WcCauley Heights 4th Addition", platted by John J. McCauley and June M. McCauley, husband and wife, and presented at the meet- ing of the Village Council of May 7, 1973, be and is hereby approved. 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. IJARDEN ACRES HANSEN REPLAT GRANTED FINAL PLAT APPROVAL. Warden Acres Hansen Replat for final plat approval, noting that all platting requirements had been met: following resolution and moved.its adoption: &? TP d w a a Mr. Luce presented Councilman Van Valkenburg thereupon offered the RESOLUTION ,APPROVING FINAL PLAT OF 'WARDEN ACRES HANSEN REPLAT BE IT RESOLVED by the Village .Council of the Villgge of Edina,Wnnesota, that that certain plat entitled €'Warden Acres Hansen Replat", platted by Dale H. Tracy'and John H. Tracy, Co-executors of the estate of Ella M. Tracy, fee owner, and Edward E. Hansen, purchaser under contract, and presented at the meeting of the Village Council of May 7, 1973, be and is hereby approved. 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. LOT 3, BLOCK 3, EAXKNOOD 'XCmDLLS 15TJLADDITION DIVISION APPROVED. The request of Harvey C. Hanson for division of a double bungalow lot down the party wall for separate ownership purpose was presented by Mr. Luce. ing heard, Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: IJHER?lAS, the owner has requested the subdivision of said tract into separate parcels (herein called fcParcels'p) described as follows : No objections be- - RESOLUTION Lot 3, Block 3,'Parkwood Knolls 15th Addition; and * All that part of Lot 3, Block 3, Parkwood Knolls 15th Addition, lying North of the following described line: on the Westerly line of said Lot 3, 59.97 feet Northerly from the Southwesterly corner thereof; thence Easterly in a straight line to a point on the Easterly line of said Lot 3, distant 58.96 feet Northerlyafrom the Southeasterly corner thereof; and All that part of Lot 3, Block 3, Parkwood Knolls 15th Addition, except that part lying North of the following described line: Beginning at a point on the Westerly line of said Lot 3, 59.97 feet Northerly from.the Southwesterly corner thereof; thence Easterly in a straight line to a point on the Easterly line of said Lot 3, distant 58.96 feet Northerly from the Southeasterly1 corner thereof; and Beginning at a point IIHEREAS, 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 Ordin- ance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the Village Council of fhe 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 pro- 1 108 5/7/73 visions of Ordinance Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent,per- mitted under Ordinance No. 811 and Ordinance No. 801 and subject to the lim- itations 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 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 Valkenburg and on rollcall th6re were five ayes and no nays and the resolution was adopted. LOT 5, BLOCK 1, PARI(N00D KNOLLS 15TH ADDITION LOT DIVISION APPROVED. llr. Luce presented the petition of Carl M. Hansen for division of a double bungalow lot down the party wall for separate ownership purposes. Councilman Shaw offered the following resolution and moved its adoption: No objections being heard, - RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 5, Block 1, Parlcwood Knolls 15th Addition; and BREREAS, the owner has requested subdivision of said tract into separate parcels (herein called t'Parcelst') described as follows :, All that-part of Lot 5, Block 1, Parkwood Knolls 15th Addition, lying North of the following described line: Westerly line of said Lot 5, 60.42 feet Northerly from the Southwesterly comer thereof; thence Easterly in a straight line to a point on the Easterly lipe of* said Lot 5, ;tlistant 58.74 feet Northerly from the South- easterly comer thereof; and All that part of Lot 5, Block 1, Parkwood Knolls 15th Addition, except that part lying North of the following described line: Beginning at a point on the TJesterly line of said Lot 5, 60.42 feet Northerly from the Southwesterly comer thereof; thence Easterly in a straight line to a point on the Easterly line'of said Lot 5, distant 58.74 feet Northerly Beginning at a point on the . from the Southeasterly corner thereof; and . WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision %nd Zoning Regulations 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. 801 and 811; NOW', THEREFOR&, 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 landhis hereby approved and the requirements and pro- visions of Ordinance Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 811 and Ordinance No. 801 and subject to the limi- tations set forth in Ordinance No. 811, and said Ordinances are not waived for any other purpose or as to any other provisions thereof, and furtherr 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 mFy be provided for.by those ordinances. Motion for adoption of the resolution was seconded by Councilman Van Valkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. . LOTS 32 AND 33, WARDEN ACRES LOT DIVISION HEARING DATE SET. Mr. Luce, Councilman Van Valkenburg's motion setting hearing date for division of Lots 32 and 33 Warden Acres, was seconded by Councilman Shaw and carried. Hearing date was set for June 18, 1973. SUBDIVISION HEARING DATES SET. As recommended by Mr. Luce, June 18, 1973, was set as hearing date for preliminary plat approval of Schneider's 2nd Addition to Edina and of Normandale-Bessesen Replat by motion of Councilman Van Valken- burg, seconded by Councilman Shaw and carried. As recommended by DARREL AFARR DEVELOPMENT CO. PRD-3 ZONING REQUEST HEARIRY; DATE SET. man Shawls motion was seconded by Councilman Van Valkenburg and carried setting hearing date for zoning change for Parcel 1400, Section 31, Township 117, Range 21 from R-1 Residential District to PRD-3 Residential District as requested by Darrel A. Farr Development Co. COMMISSION APPOINTMENTS NAMED. Councilman Van Valkenburg and carried confirming the following recommendations Council- Hearing date was set for June 18, 1973 Councilman Johnson's motion was seconded by 5/7/73 h d of Mayor Bredesen for Commission and Board appointments : Commission: Mrs. June Schmidt, Messrs. James Rose, Allan Brosius and Frank Bonello; For Planning Commission (to replace Mr. R0y.K. Erickson): Mr. Frank Dean. In response to a question of Councilman Shaw, Mayor Bredesen said that he believed that the Open Space Committee should continue to be a Council responsibility, rather than a Park Board Activity. Mayor Bredesen pointed out that Council should not relinquish or delegate responsibility with which it is charged to an appointed body. For Governmental CHARLES DENHAM NOTICE OF CLAIM NOTED. filed against all Council members "and the Village Manager pertaining to an accident of Charles Denham'wit3 a Village of Edina vehicle driven by James Michalko. The matter has been referred to the Xfglage-Atgorney and to the insurance company. Council was advised of a Notice of Claim No action was taken. SIRS. DORIS LAHNER SUIT SETTLED. Doris Lahner who was unfortunately injured when a spotlight fell on her at Braemar Arena had been settled. the settlement, with some liability on the part of the light manufacturer and the supplier. Mr. Hyde advised that the suit brought by Mrs. The Village's insurance carrier paid most of- PARBURY ESTATE FIRE SETTLEMENT MADE. had received a settlement of $10,000 for the fire which was set by vandals at the Parbury estate. As recommended by the Village Manager, Councilman Shawls motion was seconded by Councilman Van Valkenburg that the building be burned completely as a part of Fire Department training. TONN TAXI, INC.,GRANTED APPROVAL FOR ADDITIONAL CABS. As recommended by the Village Manager, the request of Town Taxi, Inc., for additional licenses was approved by motion of Councilman Johnson, seconded by CouncilmanVan Valkenburg and carried. Mr. Hyde advised Council that the Village CROSSTONN HIGmJAY LIGHTS DISCUSSED. had replied to the complaints about the new lights on the Crosstown Highway between Gleason Road and County Road 18 but that no agreement had been reached., He added that the problem is being discussed with the State Highway and the County Highway Departments and reiterated that the approval of the Village was not necessary for construction of the lights. YORK AVENUE CONDEMNATION SETTLEMENT OF PARCELS 3 AND 4 APPROVED. by the Village Attorney, Councilman Courtney's motion was seconded by Council- man Johnson and carried approving the settlement of the condemnation of Parcels 3 and 4 involved in the York Avenue extension for $119,000. Mr. Hyde advised 'Council that the County No action was taken. As recommended I P.H. 100 EASEMENTS AT MINNEHAHA CREEK APPROVED. As recommended by Mr, Dunn, Councilman Johnson's motion was seconded by Councilman Courtney and carried approving the extension of the slope easement behgnd the Flumerfelt property at T.H. 100 at Minnehaha Creek until December 31, 1973, for which the Village will be reimbursed @OO.OO each. VICIOUS DOG ORDINANCE TO BE STUDIED. Mr. West advised that an increased number of complaints about vicious dogs have been received, with many of the complaints being for "repeaters" which could be eliminated with an effective Vicious Dog Ordinance'. be made by Mr. Vest and an ordinance be presented to Council in the near future. It was generally agreed that a pertinent study should HEARING DATES SET FOR P-BA-196 AND EST.S.-134. Chuncilman Shaw offeked the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER NO. P-BA-196 AND STORM SEVER IMPROVEMENT NO, P-ST S . -134 As recommended by Elr..,Dunn, 1. as to the feasibility of the 'proposed improvements described in the form of Noti'ce of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements: 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be The Village Engineer, having submitted to the Council a preliminary report Ia This Council shall meet on Monday, May 21, 1973, at 7:OO p.m., in the The Clerk is hereby authorized and directed to cause notice of the time, not less than three days from the date 'of said meeting, and to mail notice to all affected properties in substantially the following form: .) (Official Publication) VILLAGE OF EDINA lIENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC J,-EARINGS PERMANENT STREET SURFACING AND CONCRETE CURB & GUTTER IMPROVEMENT 'NO. P-BA-196 I STORM SEVER IMPROVEMENT NO. P . ST . S - 134 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, May 21, 1973, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minneso'ta Statutes, Chapter 429. cost of said improvements are estimated by the Village as set forth below: 1. PERMANENT STREET SURFACING AND CONCRETE CURB AND The approximate ESTIMATED COST GUTTER IN THE FOLLCWING: A. IMPROVEMENT NO. P-BA-196 $19,202.76 Lee Valley Circle 2. CONSTRUCTION OF VILLAGE STORM SEVER AND APPURTENANCES IN THE FOLLOWIhG: A. INPROVEMENT NO. P-ST.S.-134 $ 4,350.49 Monroe Ave. from Belmore Lane to easement line between 401 and 403 Monroe Ave; thence East 87 ' ; thence South 46' The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete C&b and Gutter (Improvement No. P-BA-19'6) under l-A above includes Lots 1, 2 and 3, Block 1, and Lots 1, 2 and 3, Block 3, in Caro- lane Addition; Lots l, 2, 3 and 4, Block l, Carolane Addition Blix Replat. The area proposed to be assessed for the cost of the proposed Storm Sewer (Improvement No. P-sT.S.-134) under 2-A above includes all lots and tracts of land within. the following described bdundafies: the North line of Block 13, West Minneapolis Heights and the centerline of the vacated alley in said Block 13; thence Southeasterly to a point 22 feet South of the North line and 40 feet West of the East line of Lot 3, said Block 13; thence Southwesterly to a point 4 feet South of the North line of Lot 5, said Block 13 and 75 feet East of.the centerline of said vacated alley; thence Southwesterly to a point on the centerline of said vacated alley, which point is 18 feet South of the North line of Lot 21, said Block 13; thence Northwesterly to a point 60 feet East of the West line and 19 feet South of the North line of Lot 22, said Block 13; thence North to a point on the North line of Lot 23, said Block 13, which point is 60 feet East of the Northwest corner of said Lot 23; thence West- erly along Che North line of said Lot 23 a distance of 30 feet; thence North- easterly to a point on the North line of Lot 24, said Block 13, which point is 50 feet East of the Northwest corner of said Lot 24; thence Northerly to a point on the North line of Lot 25, said Block 13, which point is 50 feet East of the Northwest corner of said Lot 25; thence Northeasterly to a point 20 feet South of the North line of Lot 26, said Block 13 and 40 feet" Vest of the centerline of said vacated alley; thence Northerly to a point on the North line of said Lot 26, which point is 40 feet West of tKe ceriterline of said vacated alley; thence Easterly to the point of beginning. Beginning at the intersection of I Florence B. Hallberg Village CTerk 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. BIDS AUTHORIZED TO BE TAKEN FORTJATER SUPPLY WELL NO. 18. Mr. Dunn, Councilman Van Valkenburg offered the following resolution and moved its adoption: As recommended by RESOLU'J!ION APPROVING PLANS AND SPECIFICATIONS IJATER SUPPLY WELL NO. 18 BE IT RESOLVED by the Village Council, Village of Edina, Minnesota: 1. The plans and specifications for the proposed Water Supply Well No. 18 set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulletin the following notice for bids: (Official Publication) BIDS 'CLOSE FIGDAY, JUNE 8; 1973 VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS . i WATER SUPPLY WELL NO. 18 EDINA, MINNESOTA CONTRACT #73-4 BIDS CLOSE FRIDAY, JUNE 8, 1973 SEALED-BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801W. 50th Street, at 11:OO a.m., C.D.S.T., Friday the 8th day of June, 1973, and the Edina Village Council will meet at 7:OO p.m., on Monday, June 18, 1973, to consider said bids for the construction of the following : Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available from Banister Short Elliott Hendrickson & Associates of St. Paul for a deposit of $10.00 (by check), which deposit will be refunded to actual bidders upon return of said plans and specifications. No bid will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village of Edina in the amount of at least ten percent (10%) of the amount of the bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. WATER SUPPLY WELL NO. 18 . The Council reserves the right to reject any or all bids. Florence B. Hallberg . Village Clerk Motion for adoption of the resolution was secondedby Councilman Shaw and on rollcall there we're five ayes and no nays and the resolution was adopted. METRO RATE AUTHORITY JOINT POWERS AGREEMENT APPROVED. Mr. Hyde recalled that the Northern States Power Franchise was given First Reading on April 16, 1973, and that it is before the Council at this time for Second Reading. 'pis recom- mended by Mr. Erickson, Councilman Johnson then offered the following resolu- tion authorizing participation in the Metro Rate Authority and moved its * adoption: RESOLUTION AUTHORIZING PARTICIPATION IN THE METRO RATE AUTHORITY; DIRECTING THE EXECUTION AND DELIVERY OF A JOINT POVERS AGREEMENT; AND DESIGNATING A REPRESENTATIVE OF THE VILLAGE AS ITS MEMBER ON THE BOARD OF THE METRO RATE AUTHORITY. IJHEREAS, the Village of Edina is authorized by Minnesota Statutes, Section 471.59 to enter into joint and cooperative agreements with other governmental units; and IJHEREAS, the Village Council has determined that it is necessary and desirable that the Village cooperate with other municipalities in the regulation of electric utility service in the Metropolitan Area by participating in the Metro Rate Authority; and WHEREAS, the Village has granted a uniform franchise to Northern States Power Company and is, therefore, eligible for membership in the Metro Rate Authority, an organization established to administer the rate provisions of such uniform franchises adopted by its members; NOW, THEREFORE, BE IT RESOLVED by the Village Council of Edina, Minnesota, as follows : 1. The Mayor and Manager are authorized and directed to execute the attached Joint and Cooperative Agreement providing for membership of the Village in the Metro Rate Authority. 2. the Council shallT'designate its first Director on the Board of Directors of the Metro Rate Authority upon the Joint Agreemwt becoming effective. 3. The Village Clerk is directed to file a copy of the executed agreement together with a certified copy of this resolution with the City Manager of the City of Columbia Heights. Motion for adoption of the resolution was seconded by Councilman rollcall there were five ayes and no nays and the resolution was adopted. NORTHERN STATES FRANCHISE GRANTED SECOND READING AS ORDINANCE NO. .1115. In accordance with the provisions of the Joint and Cooperative Agreement, Shaw and on Councilman Johnson offered Ordinance No. 1115 for Second.bReadieg and ioved:its adoption as follows : ORDINANCE NO. 1115 . AN ORDINANCE GRANTING TO NORTHERN STATES POUER COMPANY, A MINNESOTA €?OWORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE VILLAGE OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR Tm FURNISHING OF ELECTRIC ENERGY TO THE VILLAGE AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID VILWE FOR SUCH PURPOSES: PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF, AND PRESCRIBING THE RATES TO BE CHARGED THEREFOR 104 5/7/73 { THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA DOES ORDAIN AS FOLLOW: Section 1. PURPOSES. Northern States Power Company, a corporation organ- ized under the laws of the State of Minnesota, owns and operates property used and useful in the production, transmission, distribution and sale of electricity in the Village of Edina. interest, and to the advantage of the consumers of electricity in Edina, that a franchise be granted to Company upon the terms and conditions contained herein. agrees to supply electric service in Edina upon the terms and conditions con- tained herein, "Municipal Council", and tWunicipal Clerk" mean, respectively, the Village of Edina, the Council of the Village of Edina, and the Clerk of the Village of Edina. the Municipal Clerk shall be transferred to any other authority, board, office or offices, then such authority, board, officer, or officers shall have the rights, powers, and duties herein given to the Municipality, the Municipal Council, and the Municipal Clerk reppectively. Corporation, its successors and assigns.. Company in the Counties of Hennepin, Ramsey, Washington, Dakota, Anoka, Carver and Scott. Wetro .Rate Authority" or "Authority" means the organization of municipalities created by joint agreement and amendments thereto, pursuant to Minnesota Statutes Section 471.59 and which is authorized to administer provisions of this ordinance as herein provided. representatives of all municipalities which adopt this uniform franchise ordinance. by the Authority. The Committee shall consist of not more than 15 members. The Committee shall have those powers specified in this franchise and those delegated to it by the Authority pursuant to the joint agreement. Subd. 6. "Party*'means the Municipality, the Authority or Company. Subd. 7. orate, and to partnerships and other unincorporated associations. Subd. 8. party or parties. thereof at 414 Nicollet Mall, Minneapolis, Minnesota. notice shall be mailed to the Rate Administrator. pality, notice shall be mailed to the liunicipal Clerk. experienced in public utility regulatory matters. appointed by the Authority. Section 3. Gh. Subdivision 1. There hereby is granted to Company for the period extending to January 1, 1983, (subject to termination on December 31, 1977, upon notice from Company to Municipality and Authority, or upon notice of Municipality to Authority ahd Company at least 90 days before said date of December 31, 1977) the right and privilege of constructing, operating, repairing, and maintaining in, on, over, under, and across the streets, alleys, public ways, and public grounds of Municipality, an electric distri- bution system and electric transmission lines, including all poles, pole lines, conduits, and fixtures and appurtenances, usually, conveniently, or neces- sarily used in connection therewith, for the purpose of transmitting and furnishing electric energy for light, heat, power and other purposes for public and private use in and to Municipality and the inhabitants thereof, and others, and for the purpose of transmitting electric energy into and through Municipality. The electric distribution system and transmission lines shall be so located as not to interfere with the safety and convenience df ordinary travel along and over, and ordinary use of, said streets, alleys, public ways, and public grounds. rights and privileges granted to Company herein. Nothing in this ordinance is to be construed to modify, alter or amend any statutory or charter power of the Municipality to regulate the use of its streets, alleys, public ways and public grounds. regulation and administration provisions of this ordinance, need not be identical among members of the Authority. from being hereafter delegated by law to some other governmental authority. Company shall provide reasonably efficient, adequate and non- The Village Council has determined that it is desirable, in the public .Company, in consideration of benefits accruing to it under the franchise Section 2. DEFINITIONS. Subdivision 1. In this ordinance "XuniCipality", If at any time the powers of the Municipality, the Municipal Council, or Subd. 2. "Company't means Northern States Power Company, a Minnesota Subd. 3. Wetro Area" includes all areas served with electricity by Subd. 4. The Authority consists of Subd, 5. IrExecutive Committee" or llCommitteelb means the committee appointed "Personxt may extend and be applied to bodies politic and corp- '@Notice" means a writing served by any party or parties on any I In the case of Company, notice shall be mailed to an officer In the case of Authority, In the case of the Munici- Subd. 9. ('Rate Administrator" means a professional person qualified and The Rate Administrator is Subd. 2. "This ordinance is intended to regulate the exercise of the Such regulations, insofar as they do not affect the rate Subd. 3. Section 4. EXTENSIONS: SERVICE: RULES AND REGULATIONS. Subd. 1. Nothing in this ordinance prevents the powers of the Authority discriminatory service, at reasonable rates, to all members of the public 5/7/73 within the municipality who apply for such service in accordance with rules and regulations of Company. which are reasonably necessary or convenient in the conduct of its business. The rules and regulatiom-my govern matters, including but not limited to, forms, contracts, extensions of service, curtailment of service, reconnection charges, billings, security deposits and late payment charges, if any. Exist- ing rules and regulations of Company shall be filed promptly with the Authority and shall become effective on filing. inspection. Thereafter Company may file amendments thereto or additional rules and regulations. Within 60 days after such filing the Executive Committee may, on its own motion or on the request of Municipality, review such amendments or rules and regulations. tion disapprove any such amendment or rule and regulation which is unreasonable or unlawful. Subd. 2. Company may, from time'to time, promulgate rules and regulations They shall be kept open for public The Committee, after public hearing, may by resolu- Section 5. SERVICE INTERRUPTION. Subdivision 1. Company will provide continuous, adequate and nondis- Subd. 2. Company's provisionof.electric service to its customers is (a) conditions beyond its control; I (b) (c) (d) criminatory electrical service in the Municipality. subject to interruption and disturbance of service due to: necessary maintenance and operation of its system; effect of operations of any interconnecting electric systems; curtailment of electric service as may be prudent to maintain service to priority loads or to maintain the operating stability of Company's system; or temporary interruptions or disturbance of service; neither Company, Municipality, the Authority nor any customer shall be liable for damage or loss for interruption or disturbance of service due to said causes. Company will not be in breach of this franchise for interruptions of service due to such causes, under the circumstances to remove the cause of any interruption, disturbance, or curtailment and to resume normal delivery of electric service. Section 6. NONEXCLUSIVE FRANCHISE. This is not an exclusive franchise. Section 7. RATES. Subdivision 1. (e) Subd. 3. Company will promptly take such action as may be practicable *. The rates and charges 'imposed and collected by Company for services in the Metro Area shall be fair, just, reasonable and compensatory and designed to recover all reasonable costs of service therein, including a reasonable return as herein provided on the capital investment in the business under an economical and efficient management. The rates charged to any class of customers will no't cast an undue burden on any other class of customers nor shall any rates charged to customers within the same class of service cast an undue burden on other customers within that class. made a part hereof by reference, is effective as to all bills computed on regular meter readings on and after the effective date of this ordinance. schedule shall remain in effect until changed in accordance with Section 8 of this franchise. The cost to the Company of any franchise fee, street rental charge, gross receipts taxes, or any other duties or imposts, imposed by the municipality will be recovered by Company as a surcharge to such rates within the Municipalit$?. Ad valorem taxes may not be recovered by a surcharge. surcharge will be equitably distributed among electric Gustomers in the lfunici- pality. Subd.' 2. Subd. 3. The schedule of rates contained in Appendix A, attached and The Such Section 8. BATE CHANGES. Subdivision 1. Company may change its rate structure by changing classi- fication of rates, the number of blocks, size of blocks, the price differ- ential between blocks or by addPng a new classification of rates or by clos- ing or withdrawing any existing rate classification or schedule. Any such change which does not result in a higher rate for an existing customer may be made upon twenty days notice to the-Rate Administrator and shall be supported by data showing the desirability of the change and the reasonableness thereof. Other changes in rate structure shall be made under Subd. 2 of this section. The rates contained in Appendix A shall remain in effect until March 15, '1974. February 1 of each year during the term of this ordinance, Company shall file notice with the Authority that it will either continue, decrease, or increase the rates or continue or change the rate structure which will become effective on bills rendered on and after March 15 of that year, to enable Company to realize Actual Net Earnings during the calendar year of filing equal to the allowable Annual Return, as defined. in Section 10 plus part'or all of any debit Subd. 2. On or before February.1, -1974, and. thereafter on or before -106 i 5/7/73 balance or less part or all of any credit balance in the Stabilization Reserve Account established under Section 15. The filing shall recite the proposed change or continuance and-the forecasts substantiating it. Provided however, in order to minimize or prevent excessive fluctuation in the rates, the Company may additionally once during a calendar year, but not prior to July 15 thereof, adjust the rates in the same manner as provided above. suant to Subd, 2. of this section, shall be subject to a temporary reduction during the year 1974 totaling $6,000,000. Such'reduction and any credit balance in the Stabilization Reserve Account resulting from 1973 operations will be applied only to the bills of customers located in those areas of the lletro Area in which the base electric'rates for residential service, general service, and large general service were no less than such base electric rates charged in the City of ?3inneapolis on Januar$ 1, 1973. for electric service excluding any franchise fee, street rental charge, gross receipts tax or duties or imposts, imposed by the Municipality included in or added to said charge. rates shall be based on forecasts for the calendar year of filing of expenses, capital costs and of the revenues required to enable Company to earn an amount equal to the Allowable Annual Return defined in Section 10, plus part or all of any debit balance or less part or a11 of any credit balance in the Stabili- zation Reserve Account as provided in Section 15. in accordance with the following schedule: Subd. 3. The rates to become effective on and after March 15, 1974, pur- I Base electric rate means the charge to the customer Subd. 4. Increases or'decreases in rates or the continuance of existing Subd. 5. Company will annually supply forecast data to the Rate Admistrator Revenue Budget November 1 Expense Budget December 1 Capital Budget December 15 or on such later dates as the Rate Administrator may authorize. five years therafter, Company shall furnish a current study of its rate structure to the Authority. On or before March 1 of each year Company will supply Authority with a tabulation of customers and revenues attributable to each Municipality in the Netro Area for the previous cal'endar year. Subd. 6. On or- before December 1, 1975, and at intervals of no more than Subd. 7. Section 9. RATES; RATE FILING. Subdivision 1, Any filing by Company with the Authority to change or continue any rates or rate structures as provided in Section 8, Subd. 2, may be altered, amended, or revised by the Executive Committee in conformance with and subject to the provisions of this ordinance. to the filing to the Executive Committee within 20 days of the filing. made by written order of the Executive Committee which sets forth its findings and conclusions upon all material issues. within .35 days after notice of the proposed change or continuance' of' rates has been filed with Authority. Compgy may obtain judicial review de novo of any Executive Committee order of alteration, amendment or revision of rates in the District Court of Hennepin County if proper application is made therefor within 30 days after service of the order of the Executive Committee upon Company, judicial review is applied for, the rate proposed by Company in Section 8, shall be in effect until the question of such alteration, amendment, or revision is finally determined by the Court. In such review and determination Company has the burden of proof. At the time of applying for judicial review, Company shall, if ordered by the Court, file with the Clerk a corporate under- taking obligating it to comply with such relief as the court may order con- sistent with the provisions of this franchise. '9fetro Area Rates". Subd. 2. The Rate Administrator shall make written recommendations as Subd, 3, Any alteration, amendment, or revision in the filing shall be -- The order shall be served on Company Subd. 4. If Subd. 5. The rates determined under Section 8 of this Section are the Section 10. RATE MAKING: DEFINITIONS. Subdivision.1. For the purposes of this ordinance, the terms defined Subd. 2. Subd. 3. in this section have the meanings given them. plying the Allowable Rate Base by the Allowable Rate of Return. cost for the year of filing of 1) Senior Capital of Company and its utility subsidiaries and 2) the Allowable Return on Common Equity. given to each class of capital shall be based on Company and its utility subsidiaries I. actual average outstanding amount of each class throughout the year of filing. "Allowable Annual Return" means the product obtained by multi- 'eAllowable Rate of Return" means the weighted average actual The weight to be 5/7/73 . Subd. 4. equity capital determined pursuant to Section 12. Subd. 5. Y3enior Capitaltr means all debt, including shorf-term debt, and preferred stock. Subd. 6. '*Cost of Senior Capital" means the weighted average cost of all senior capital, where the cost of each issue is obtained.by multiplying the principal, amount of the issue by the interest rate in the case of debt and by the divident rate in the case of preferred stock, and dividing by the net proceeds of the issue. the principal amount issued, plus premiums received, less issuance expense and discounts. In the case ,of short-term debt capital, the term means the sum of a) the principal amount of bank loans outstanding, and b) the principal amount of commercial notes,.less prepaid interest. In the case of preferred stock, the term means the stated value plus premiums, less issuance expense and discounts. In the case of re-acquisition,,reFirement or refunding of long-term debt or preferred stock, the call premiums, expenses and discounts are to be considered asapart of the over-all cost of capital. "Actual Net Earnings*' for the year 1973 means actual gross revenues of Company received for electric utility service furnished in the Metro Area less operating expenses reasonably incurred in rendering such service. electric utility service furnished in the Metro Area computed at the Metro Area Rates, less operating expenses- reasonably incurred in rendering such service. amount credited under the Uniform System of Accounts to allowance for Funds Used During Construction applicable to construction work in progress included in the Allowable Rate Base in Subd. 9 hereof. such allowance shall be computed at the rate of 8%. percentage rate applied to determine the Allowance for Funds Used During Construction shall be the lower of a) the nearest eixen one-half percent below the projected overall rate of return or b) the current incremental cost of financing new construction, and shall change only in increments of one- half percent, provided, however, that such annual percentage rate shall not be ' more nor less than that required by the Federal Power Commission. Operating expenses shall include Research and Development expenses and "Allowable Return on Common equity" means that return on common Subd. 7. "Net proceeds" in the case of long-term debt capital means . Subd. 8. For subsequent years said term means gross revenues of Company for To the resulting net income shall be added that portion of the For the years 1973 and 1974 Thereafter, the annual donations made for charitable, social or community welfare purposes. Research and Development expenses sWl be accounted for in the matter pro- vided in. the Uniform System of Accounts. * Subd. 9. "Allowable Rate Base" means the average of net plant less customer contributed capital and plus working capital. .the original cost of electric utility plant and common utility plant used and useful in rendering electric service in the Metro Area, plus b) that portion of the original cost of plant held for future use and construction work in progress applicable to the Metro Area, less c) related booked reserves for depreciation and amortization. Customer contributed capital means amounts related to service in the Metro Area contributed or advanced:by customers for construction and amounts collected from customers through rates and charges, for deferred operating expenses and taxes except where deduction of the deferred amount is Specifically prohibited by Internal Revenue Laws. Said amounts shall include but are not necessarily limited to amounts credited under the current Federal Power Com- mission Uniform System of Accounts to Accounts 252 Customer Advances for Cons- truction, 255 Accumulated Deferred Investment Tax Credits (except that portion where deduction from the .rate base is prohibited by the Internal Revenue Laws), 271 Conkj3butions in Aid of Construction, 281 Accumulated Deferred Income Taxes - Accelerated Amortization, 282 Accumulated Deferred Income'TaZes - Liber- alized Depreciation, and 283 Accumulated Deferred Income Taxes - Other. Unless otherwise mutually agreed upon between Company and the Executive Committee,-working capital means and includes the following based on amounts allocable to the Netro Area: of operation and maintenance expenses excluding purchased power and one-half of fuel expenses, plus average compensating bank balances to support short-term borrowings, &ess the montHPy average of accrued property and income taxes, but cash working cayital shall not be less fhan zero; plus (b) monthly average pre- payments; plus (c) monthly average materials and sopplies; plus (d) monthly average fuel stocks; plus (e) monthly average miscellaneous deferred debits. Net plant means a) (aJ cash working capital equal to one-eighth Section 11. ALLOWABLE RATES OF RETURN. Subdivision 1. At the time of an annual rate filing, a projection of Allowable Rate of Return shall be used as a basis for calculating allowable revenue for the calendar year of filing. able Rate of Return shall be determined and shall be used as a basis for the Allowable Annual Return. At the close of such year 'the Allow- 108 5/7/73 I, Subd. 2. Section 12. Subdivision 1. Allowable Rates of Return and projections thereof shall be calculated to the nearest one-hundredth of one pearcent. ALL(H.IABLE mTURN ON CO>ON EQUITY. Company shall be allowed a Return on Common Equity for the Metro Area for the calendar year 1973 of 13.25%. Company shall be allowed a Return on Common Equity for the Metro Area of 12.95%. For years subsequent to 1974, Company or the Executive Committee may request a prospective change in the Allowable Return on Common Equity. Such requests shall be made during the period between November 15 and December 15 in any year, to be effective as of January 1 of the next year, by serving upon the other Party a notice stating the reasons supporting such change and specifying the proposed Allowable Return on Common Equity for the year. the Allowable Return on Common Equity remains in effect. shall be reviewed py:-the Rat"e Administrator who shall forthwith set a date prior to January 15 for hearing upon such request. such hearing published once in a legal newspaper in each eounty in the Netro Area. At least two days prior to the hearing date, any person may file with the Rate Administrator a written notice of intention to appear at the hearing and of the nature and extent of his participation. Only persons complyi'ng with this notice provision may be heard at the hearing. The Rate Administrator shall pre- scribe reasonable rules and regulations for the conduct of such hearings. completion of the hearing, and no later than February 15, the Rate Administrator will serve on Company and the Authority a written order determining the Allow- able Return on Common Equity for the current year and setting forth his find- ings and conclusions on all material issues relative to his determination. If no appeal is taken from the Rate Administrator's order of determination, the order is final. If an appeal is taken from the Rate Administrator's order of determination, the order is an interim orddr and shall remain in effect until finally determined; provided that the effective Allowable Return on Common Equity for interim rates shall not be less than that existing at the time of the filing for a change in the Allowable Return on Common Equity. able Return on Common Equity finally determined shall be effective as of the proposed effective date. party may appeal the order to a hearing panel by filing a notice of appeal with the Authority and Company. fessional standing, each having one vote. shall be selected as follows: and the Authority shall each appoint a panel member and each shall immediately notify the other of such appointment. within five days after the second member is appointed, select a third panel member, member, the third panel member shall be appointed by the Chief Judge of the Hennepin County District Court upon application of either Company or Auth- ority with five days notice to the other. ority fails within said twenty days to appoint a panel member, the member appointed by the other party shall proceed as a single member and issue his order, which shall constitute the order of the panel. shall be de novo and the panel shall consider all evidence material and relevent to the issues raised by such appeal. in the manner prescribed by Chapter 15, Minnesota Statutes, for conduct of administrative hearings. The burden of proof shall be upon the appellant. Only those Parties and Persons who appeared bgfore the Rate Adidinistrator may appear before the panel, by written order served on Company and the Authority, which 'order shall set forth its findings and conclusions, including the bases therefor, upon all material issues relative to such determination. The determination of the panel shall be made within 60 days after the third panel member is selected. If no appeal is talcen from the panel's order of determination the order is final. entitled to judicial review thereof in the District Court of Hennepin County if proper application is made therefor within thirty days after the hearing panel has served its order, out a jury and shall be confined to the record, except that in cases of alleged irregularity in procedure before the hearing panel not shown on the record, testimony thereon may be taken by the Court, vided, all preceedings shall be conducted according to the provisions of Ninnesota Statutes Sections 15.0424 - 15.0426. remand the case for further proceedings; or it may reverse or modify the For the calendar year 1974 If no request is made Subd. 2. The request for change in the Allowable Return on Common Equity He shall give 10 days notice of Upon The allow- Subd. 3. Xthin ten days after receipt of the order of determination, any I The panel shall consist of three members of pro- The members of the hearing panel Within 20 days of notice of appeal the Company The two panel members so appointed shall If the first two panel members are unable to agree on a third panel In the event either Company or Auth- Subd, 4. The review by the panel of the Rate Administrator's determination The hearing &all be conducted Subd. 5. The panel shall determine the Allowable Return on Common Equity -I Subd. 6. Any Party aggrieved by a final order of the hearing panel is The review shall be conducted by the Court with- Except as otherwise pro- Subd. 7. The Court may affirm the decision of the hearing panel or 5/7/73 decision if the substantial rights of the appellant have been prejudiced because the hearing. panel's findings -or conclusions are: (a) In violation of constitutional provisions; or (b) (c) Made upon unlawful procedures; or (d) Affected*by'other error of law; or (e) (f) Arbitrary or capricious. Section 13. STANDARDS FOR DETERMINING ALLOl?ABLE RETURN ON COMMON EQUITY. In excess of the authority conferred upon said hearing panel by this ordinance; or Unsupported by substantial evidence in view of the entire record as submitted; or The allowable return on Common Equity is determined by and must satisfy the . following standards: (a)' The Allowable Return on Common Equity shall permit Company to earn a return on its equity investment in property which it employs for the convenience of the public equal to that generally being made at the same fime and in the same general part of the country on similar investments in other business undertakings which are attended by corresponding risks and uncertainties. The Allowable Return on Common Equity sha.11 be reasonably sufficient: to assure confidence in the financial soundness of Company. The Allowable Return on Common Equity shall be adequate under efficient and economical management to maintain and support Company's credit and enable it to raise the money necessary for the proper discharge of its public duties. (b) (c) . Section 14. ACTUAI2NET EARNINGS. Subdivision 1. In the computation of Actual Net Earnings, appropriate items may be amortized or accrued according to generally accepted accounting principles and, except as otherwise provided in this ordinance for specific items, the amounts and rates of amortization or accrual shall be based upon the actual experience of Company where such experience exists. and utility plant within and outside the Metro Area on a basis that reasonably reflects the occurrence of such expenses and plant for rendering service within and outside the Metro Area. # Subd. 2. An allocation shall be made by Company of operating expenses Section 15 . Subdivision 1. STAB'ILIZATION RESERVE ACCOUNT. Actual Net Earnings greeer or less fhan the Allowable Annual Return in any calendar year shall be credited or debited to an account des ignaged the "Stabilization Reserve Account " . with interest computed at the current prime interest rate. All or part of any debit or credit balance in said account may be amortized over not more than two years to balance earnings and to minimize fluctuations and stabilize rates in the Metro Area. Executive.Committee and Company all or part of any debit or credit balance in said account may be amortized over more than two years to balance earnings and to-minimize fluctuations and stabilize rates in the Metro Area. be used to benefit customers located in Municipalities where rates lower than the Metro Area Rates were charged in the period during which such credit accrued. process in the Metro Area provided for tn this franchise shall be promptly refunded or otherwise recognized for customers' benefit. Subd. 2.. Any credit balance in said account shall be credited monthly Subd..3. By agreement7of.the Subd. 4.- Any credit balance in the Stabilization Reserve Account shall not Subd. 5. Any balance in said account at termination of the rate-making . S&c€!ion 16. RESERVE FOR DEPRECIATION AND AMORTIZATION OF UTILITY PLANT. Subdivision 1. The 'Company's books of account ' shall contain an account- designated as "Reserve for Depreciation and Amortization of Utility PlantE', or similar caption, which shall show accumulated charges to operating expenses on account of depreciation adjusted for salvage and retirements in accordance with Subd. 2.of this section. The annual charges to operating expenses for depreciation of depreciable property used and useful in rendering electric service in the Metro Area shall be an amount designed to recover ratably the original cost of such depreciable property over the estimated average service life of each group of property. periodically so as to reflect all factors bearing on the recovery of the original cost of such depreciable property over its estimated average service life. At least once every five years the Company shall prepare a depreciation study analyzing retirement experience and other factors relevant to the estab- lishment of depreciation rates. Such study shall be used as a guide in deter- mining the depreciation rates to be used to recover the original cost of depreciable property. from service or not used and useful in the public service for any cause, shall be credited to the appropriate plant account. Such original cost plus the costs incidental to said abandonment or retirement shall be debited to the Annual depreciation rates shall be revised . Subd. 2. The actual original cost of property abandoned, otherwise retired 5/7/73 Reserve for Depreciation and Amortization of Utility Plant, subject, however, to the provision of Subd. 3 of this section. The salvage value received and any other amounts recovered from said property shall be credited to said Reserve. abandoned or retired from service because of unusual obsolescence of property damage and such property is not fully covered by the Reserve for Depreciation damage and such property is not fully covered by the Reserve for Depreciation and Amortization of Utility Plant, other reserves or by insurance, the unrecovered balance of such property after consideration of tax effects shall be credited to said Reserve or other appropriate reserve and be debited to a deferred account designated as "Extraordinary Property LossesiL, Qr similar capt.ion; Debits to-$aid::deferrEd-:accourlt-sball be amortized by charges to operaging expenses as provided for in Section 14, and the unamortized balance shall be included in the Allowable Rate Base, records of Company or its predecessors, such amount shall be estimated and a record be made by Company showing the facts upon which said estimate was based, the manner in which it was determined and the person by whom it was made , Subd. 3. When a substantial segment of Company's utility plant is Subd. 4, If the ack:hal original cost is not shown by the books and Section 17. ACCOUNTS AND RECORDS. Subdjvision 1, . All expense items, whether charged directly or indirectly in a calendar year or amortized or accrued over a longer period, all revenue items and all balance sheet items shall be recorded in substantial accordance with the applicable provisions of the Uniform System of Accounts, as amended from time to time, by the Federal Power Commission. When optional accounting is permitted under the Federal Power Coqmissions Uniform System of Accounts, Executive Committee and Company shall agree on the option to be followed for book and rate making purposes. all of its rates and charges, (b) forms of service contracts or agreements, and (c) any rules and regulations relating to rates, charges or service by Company to its customers in the Netro Area, all of which shall be open for Eublic inspection. Such schedules, forms and rules and regulations shall also be kept by Company, and shall be available at all reasonable times for public inspection, engineering, accounting, financial and statistical records #relating to the construction, cost, maintenance and operation of its utility plant which show all financial transactions, including receipts and disbursements and the particulars there0 f , The Authority shall have access at all reasonable times to inspect, examine or audit all of the accounts, books, records, repoyts, con- tracts, documents and papers of Company relating to its electric operations. Subd. 5. Procedures and Accounting Manual. As soon as practicable after the effective date of this ordinance, Company and the Pate Administrator shall compile a manual of procedures and accounting methods to implement this ordinance in accordance with the standards set forth herein, The terms of said manual shall apply to all rate filings and determinations until changed, modified or amended by mutual agreement of the Company and the Rate Administrator. ments for its electric utility operations as provided in the Procedures and Accounting Manual. Section 18. IMIENI%CFICATION. Company shall indemnify, keep, and hold tfunicipality, its officers, employees and agents free and harmless from any and all liability on account of injury to persons or damage to,property occasioned by the construction, maintenance, repair, removal or operation of Company's property located in, on, over, under, or across the streets, alleys, public ways and public grounds of Municipality, unless such injury or damage is the result of the negli- gence of Hunicipality, its employees, officers or agents, or results from the performance in a proper manner of acts reasonably determined to be hqzardous by Company, but such performance is nevertheless ordered or directed by Nunici- pality after notice of such determination by Company. In the event that suit shall be brought against liunic ipality under circumstances where the above agreement to indemni€y applies, Company, at its sole cost and expense, shall defend Municipality in such suit if written notice of the suit is promptly given to 'Company within a period wherein Company is not pre- judiced by lack of such notice. If such notice is not seasonably given as hereinbefore provided, Company shall have no duty to indemnify nor defend, If Company is required to indemnify and defend, it will thereafter have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipality unless NunSTpality unreasonably withholds such consent. , Subd. 2. Company shall file with the Authority (a) schedules showing Subd. 3. Compan:y shall keep, maintain and preserve proper and accurate Subd. 4. Subd. 6. Company shall prepare and file with the Rate Administrator state- . ..I 5/7/73 e- * t.l w h 23 Section 19. RELOCATIONS. Subdivision 1. 37henever Municipality shall grade, regrade or change the line of any street-.or public -place or otherwise improve any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities located in said street or public place, Company shall relocate its facilities at its own expense. ing such relocation. Company of its rights under Minnesota Statutes Section 161.46, as amended. facilities, Companyshall proceed with such relocation. is relocation cost, such relocation of the facilities by Company shall no,t be construed as a waiver of its right to be reimbursed for the relocation cost. If Company claims shall notify the Municipality within ten (10) days after receipt of such order. Subd. 3. Except where required primarily for a municipal improvement project, the vacation of any street, alley, public way or public ground, after the installation of electrical facilities, shall not operate to deprive Company of the right to operate and maintain the reasonable costs of ing from such relocation are first paid to Company. authority to trim all trees and sfirubs in the streets, alleys, public ways and public grounds of Municipality, interfering with the proper construction, I operation, repair, and maintenance of any poles, pole lines, conduits, fix- tures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save Municipality harmless from any liability in the premises. the performance of any of the material terms and conditions of this ordinance and shall continue in default for more than ninety (90) days after receiving notice from the Municipality of such default, the Municipal Council may, by ordinance duly passed and adopted, terminate all rights granted under this ordinance to Company. The notice of default shall be in writing and shall specify the provisions of this ordinance in the performance of which it is claimed that Company is in default. ordinance so passed declaring a forfeiture of the rights and previleges granted by this franchise ordinance shall be subject to review competent.jurisdiction. Section 22. CHANGE IN FORM OF GOVERNMENT. Any change of the form of government of the Municipalkty as authorized by the State of Minnesota shall not affect the validity of this franchise. Any municipal corporation suc- ceeding the Municipality shall, without the consent of Company, succeed to all the rights and obligations of the Municipality provided in this franchise. Authority, an initial sum of $150,000 within 30 days after written acceptance of this franchise by Company, and not less than $160,000 per year payable in quarterly installments commencing on January 10, 1974, to be allowed as an operating expense to the Company and which shall be used to secure compliance with this ordinance, and for such other purposes relating to the Company's costs of service as the Authority shall deem necessary. The amount of such annual payment shall be subject to review and revision by the Authority and Company at the end of 1975 and thereafter as mutually agreed to. Section.24. ASSIGNMENT. Company upon notice to the municipality shall have full right and authority to assign all rights conferred upon it by this ordinance to any person, persons, firm or corporation. The assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this ordinance. nance and the rights'hereby granted, file a written acceptance of the rights hereby granted with the Municipal Clerk within 30 days after the effective date of the agreement establishing the Authority. adopted by June 30, 1973, by Municipalities in which 60% of Company's electric customers in the Metro Area were located on January 1, 1973, the Municipal Council may revoke the same. when the Authority is established. For the purpose of this section each Customer Account of Company shall be deemed a customer. the Municipal Clerk in writing whether the above condition has been met. revoked, the provisions of this ordinance shall be without prejudice in any subsequent proceeding. Section 27. EFFECT ON EXISTING FRANCHISE. It is the intention of the Municipality shall give Company reasonable notice of plans requir- Nothing in this ordinance contained shall deprive 'Subd. 2. done without an agreement first being made as to who shall pay 57here the Municipality orders Company to relocate any of its If such relocation for the that it should be reimbursed for.such relocation costs, it such electrical facilities, until relocating the same and the loss and expense result- Section 20. TREE TRIMMING. Company shall have the permission and Section 21. FRANCHISE TERMINATION. If Company shall be in default in The validity and reasonableness of any by a court of Section 23. COSTS OF ADMINISTRATION. The Company agrees to pay to the Section 25. VRITTEN ACCEPTANCE. Company shall, if it accepts this ordi- Section 26. BEVOCATION. If this uniform franchise ordinance is not However, this right of revocation shall terminate Company shall notify If 5/7/73 Council 25 and that it shall thereafter govern the rights and duties of Company and Municipality until its termination. Council that the existing franchise granted to Company (Ordinance No. 245) is not repealed but is superseded by the terms of this ordinance akd that upon termination of this ordhance the existing franchise will continue to govern the rights and duties of Company and Municipality until the termination thereof. o?dinance,:sh&ll+ be pafd. by Company. of April 16, 1973.) Notion for adoption of .the *ordinance and on rollcall there were five ayes ATTEST : that this franchise ordinance is effective upon compliance with Section It is further the intention of the Section 28. (See Appendix A as attached to First Reading of Ordinance No. 1115 in Biinutes PUBLICATION EXPENSE. The expense of publication of this franchise D .- an Van Valkenburg Village Clerk %A-a Mayor ORDINANCE NO. 1331-A1 GRANTED FIRST READING. of Yelaow Taxi Company's request to permit 19 year old drivers to drive cabs in the Village had been approved by Chief Bennett, Councilman Johnson offered the following Ordinance for First Reading : Upon being advised that the request ORDINANCE NO. '1331-A1 AN ORDINANCE AMENDING ORDINANCE NO. 1331 TO LONER THE AGE OF DFSVERS TO 19 YEARS Section 1. Subparagraph (b) of Section 4 of Ordinance No. 1331 is hereby "(b) Proof that the gpplicailt is a citizen of th United States, 19 years TRE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, IENNESOTA, ORDAINS: amended to read as follows: of age or over, a resident of Hennepin" County or any county contiguous thereto, and is able to read and write the English language.s' Sec. 2. and publication. This ordinance shall be in full force and effect upon its passage I HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES NEF.1 OBJECTIVES ENDORSED. Nr. Hyde called Council's attention to a letter from Mayor A1 Hilde, Jr., President of the Hennepin County League of Municipalities, in which it was proposed to make the Hennepin County League a more viable and effective organization by amendments to the by-laws in the areas of membership, dues, voting rights and expanded ser- vices. Councilman Courtney, Edina's representative to the Hennepin County League of Municipalities, urged Counci'l's support of this endeavor to'strengthen the League. Municipalities, spoke of the need of continued representation and support of the lletropolitan League, stating that it is vital to the entire metropolitan area to serve the core cities as well as the suburbs. He said that division into a suburban versus city aspect would only serve to weaken both the cities and the suburbs. that it is proposed that the Hennepin Count@ League would be an establishment of either a Hennepin County Suburban League of Municipalities or a Suburban League of'lfunicipalities around the two core cities and that this is the long range objective. is presently in financial trouble and that the Metro League was originally started to give the metropolitan urban conununities a voice in the legislature. been the hope at that time that the Netro League would take over the County leagues and serve as a central secretariat for them. pdssibility that dues of all of these organizations are apt to* be increased signi- ficantly. for utility relocation was the Hennepin County League. Edina Environmental" Quality Commission objected to endorsement of a Suburban league and said that whether we like it or not, we are tied to'the core cities. , Mr. Bruce Hasselberg, 5721 Kemrkch Drive, emphasized that the core cities give no support to the suburbs and added that it is time that the suburbs ban to- gether. It was brought out that adoption of the proposed resolution would not preclude support of the Netropolitan League of Municipalities. * Following consid- erable discussion, Councilman Johnson offered the following resolution and moved its adoption: WHEREAS, the suburban and outer community areas are divided, many in number and without a cohesive and united organization to represent its interests; &d TJHEREAS, not having a chhesive organization, there does not exist research, data, Councilman Shaw, Edina's representative to the lfetropolitan League of In reply to a question of Councilman Johnson, Councilman Courtney said I&. Hyde recalled that the League of Ziinnesota Municipalities It had Mr. Hyde'warned of the It was noted that the only organization that had supported the bill Nr. Ronald Hays of the I b RE SOLUTION 5/7/73 and staff wherein suburban area communities can defend and advance their several interests; and IWEREAS, it is our belief that we are responsible to see that our citizens receive fair and equitable consideration in legislative and policy making activities; NOW, THEREFORE, BE IT HEREBY RESOLVED that the Pdina Village Council supports and encourages that the following steps be taken by the Hennepin County League of Municipalities Board of Directors: 1. Redirect Hennepin County League of Municipalities objectives so as to give i'ncreased and more vigorous emphasis to the needs of the suburban and outer communities; Strengthen the Henngpkn County League of Municipalities drganization and its functions so as to make possible an expanded and more active role; Increase the Hennepin County League of Municipalities budget and dues schedule to finance the operations 6f.the larger staff and increased activity; and 2. ' 3. BE IT FURTHER RESOLVED that the Edina Village Council will support the three above steps which will be officially voted upon at the next general membership meeting to be held on May 24, 1973. ,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. SENATE FILE 1246 OPPOSED. pared by the Village Clerk which indicated the progress of numerous bills before the Legislature on election matters. appears .that legislation will be passed which will make it permissible to register bp post card and at the polls on Election Day. authority to enter with other Municipal Clerks in writing letters to the Editors of the Edina Sun, the Minneapolis Star and the Minneapolis Tribune expressing strong opposition to Senate File 1246 under which such registration would be permitted by motion of Councilman Johnson, seconded by Councilman Shaw and carried. Edina' s representatives in the Legislature. Mr. Hyde called Council's attention to a list pre- 8 Council was advised that it The Village Clerk was given The Clerk was also instructed to send copies of the letter to all of FAIRVIE\?-SOUTJiDALE HOSPITAL EXPANSION PLAN SUPPORTED. Mr. Hyde advised Council that Fairview-Southdale Hospital is planning expansion in its ancillary services ' and have requested a resolution of support to be submitted to the Metropolitan Health Board as its first step in an application for a certificate of need. Councilman Johnson thereupon offered the following resolution and moved its adoption: WHEWS, the Village Council of Edina, Minnesota, is vitally concerned for the health and wellbeing of the citizens of our community and-have supported Fairview-Southdale Hospital in its provisions of health'services to the entire Southwestern suburban area and have reviewed the hospital's immediate and long- range plans for facilities and programs to meet the needs of this area; and WHEREAS, our staff and Council have been appraised of the growing need for additional facilities to support the emergency, ambulatory and out-patient requirements of our community and that the supporting professional departments have shown similar need for facilities at Fairview-Southdale Hospital; NOI?, THEREFORE, BE IT RESOLVED that the Village Council of Edina, Minnesota, is in complete and full support of the Fairview Community Hospitals proposal to expand FairviewSouthdale Hospital; and BE IT FURTHER RESOLVED that we support the emphasis on development of services in emergency, amubulatory, and out-patient care as a cost-effective and appropriate element of the hospital in its responsibility to the community it serves; and BE IT FURTHER RESOLVED that this resolution be submitted to the Metropolitan Council and its Metropolitan Health Board in support of the Fairview-Southdale Hospital'rj Certificate of Need Application. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. RESOLUTION WATER DEPARTMENT BODY AND HOIST PURCHASE AUTHORIZED. Dunn, Councilman Courtney's motion was seconded by Councilman Shaw and carried,. authorizing purchase of a Powers Body and Hoist from Charles Olson & Son in the amount of $2,324. As recommended by Mr. I?ATER DEPARTMENT HYDRANT PARTS FOR COUNTRY CLUB PURCHASE AUTHORIZED. mended by f2he Village Engineer, Councilman Johnson's motion was seconded by Councilman Courtney and carried, authorizing the purchase of hydrant parts for ' the CountryrClub area from TJaterous Company in the amount of $2,190. As recom- 5/7/73 INTERFUND TRANSFERS APPROVED. As recommended by Nr. Dalen, Councilman Shawls motion was seconded by Councilman Courtney and carried approving the transfer of the surplus of $2,564.40 in the Joint Sewer No. 1 Fund to Sewer Rental Fund as of December 31, 1972, and the transfer of $28,019.23 from the South- dale Improvement Fund to Permanent Improvement Revolving Fund as of Nay 7, 1973. REVENUE SmNG FUND DISCUSSED. to develop a formal program to set priorities for expenditure of the Federal Revenue Sharing Fund. CIADIS PAID. and carried for payment of the following claims as per pre-list: Fund, $27,776.34; eonstruction Fund, $2,649.85; Park, Park Construction, Golf, Swimming, Arena, $9,205.56; Water Fund, $3,761.10; Liquor Fund, $78,628.97; Mr. Hyde advised Council that it is necessary No action was taken. Mction of Councilman Johnson was seconded by Councilman Shaw General Sewer Fund, $32,602.72; P.I.R. and Poor, $918.59; Total, The agenda having been covered, Councilman Shawls motion seconded by Councilman Johnson and carried. Adjournment $155,543.13. ' $or adoption was at 9:45 p.m. ,. . . ..