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.
,.
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