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HomeMy WebLinkAbout19730618_regularKCNUTES OF THE REGULAR NEETING OF T€E * EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON JUNE 18, 1973 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, Van Valken- burg and Flagor Bredesen. IENTJTES of May 21 and June 4, 1973, were approved as submitted by motion of Councilman Shaw, seconded by Councilman Courtney and carried. ORDINANCE NO. 811-A34 ADOPTED ON SECOND READING. Mr, Luce presented Ordinance No. 811-A34 for Second Reading, adoption of which would.provide for zoning of the Joseph E. Erickson property on the Northwest corner of France at W. 66th Street from C-3 Commercial District to PRD-5 Planned Residential District. Mr. Erickson said that it is his opinion that the Council can rezone the pro- perty as it sees fit and responded to questions vhich had been raised at.the meeting of May 21, 1973 as follows: 1. Mr. Erickson said that he believes that the pond on the property in question is public waters and that activity in the pond will require a permit from the . Department of Natural Resources. requirement of such a permit would prevent the Council from rezoning the pro- perty if .it .thought it was in the best interest of the Village to do so.. 2. Kelber v. the City of St. Louis Park are not pertinent to this case inasmuch as the case differs substantially from the rezoning petition now before the Council. He said that it is his opinion that the Council has the power to deny or grant the rezoning and whatever action is taken will be upheld in a court of law. 3. Nr. Erickson said that, because one of the purposes of Section 5, para- graph 1 of Ordinance No. 811 is to protect natural amenities a<d provide large expanses of open space, then it appears to be entirely 1ogical.to allow water acreage to be included in the site for density purposes in this.case. 4. Mr. Erickson said that the Village could not assure development as a con- dominium inasmuch as the Ninnesota Condominium Act authorizes property sub- mitted to the Act to be removed from the Act with the concurrence of al.1 owners and the consent of the holders of all liens. He said that even if the pro- perty becomes and remains a condominium, the Village cannot insure that there will be no tenants in the building. 5. Mr. Erickson said that he does not believe that this is spot zoning inas- much as the property is not an island as such but is on the edge of a com- mercial and office district and creates staging of development from these . districts to a residential district. No further discussion being heard, Councilman Shak? said that he would approve the proposal only because he believes that this use would generate less traffic than if the property remained C-3 Commercial District. following ordinance ORDINANCE NO. 811-A34 He added that he did not believe that the Mr. Erickson said that he believes that the implications of the case of He then. offered the and moved its adoption: AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811 BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT PRD-5) THE VILLAGE COUNCIL OF EDINA, NINNESOTA, ORDAINS: is enlarged by adding the following. thereto: enlarged by the addition of the following property: Section 1. "The extent of the Planned Residential District (Sub-District PRD-5) is That part of Outlot 2, Southdale Office Park, according to the plat thereof on file and of record in the office of the Registrar of Titles , Hennepin County, 'flinnesota, described as follows: Commenc- Vesterly of the Southeast corner of said Outlot 2; thence North along a line drawn 301.61 feet West of and parallel with the East line of said Outlot 2 a distance of 40 feet; thence Southeasterly - to a point on the South line of said Outlot 2 a distance of 271.61 feet Ilest of the Southeast corner of said Outlot 2; $hence Vest to- the point of beginning; which is in subdistrict PRD-5." Sec. 2. Paragraph 4 of Section 5 of Ordinance No. 811 of the Village e ing at a point on the South line of said Outlot 2, 301.61 feet This ordinance shall be in full force and effect upon its pass- age and publication. Notion for adoption of the ordinance .was seconded by Councilman Van Vallcenburg and on rollcall there were four ayes with Councilman Johnson voting ttnaycc and the ordinance was adopted. consistently opposed to buildings of this height, he cannot go along with those that this is the best use. Councilman Courtney said that, while he has been vho believe that Daytons should donate and that he believes i ATTEST: 8Ld<k/ Village Cleric d . .: I . , '.- .. ._ 6/18/73 DARREL A. FARR DEVELOPMENT CO'. PRD-3 ZONING REQUF,ST CONTINUED. Affidavits of notice were presented by Clerk, approved as to foh and ordered placed on file. Nr. Luce presented the request of Darrel A. Farr Development Co. for zoning change of Parcel 1400, S. 31, T. 117, R. 21 from R-1 Residential District to PRD-3 Planned Residential District, noting that this property is located generally in the Northeast quadrant of the intersection of County Road 18 and the Crosstov7n Highway and is bounded by Fabri-Tek on the North, Fountain Wood Apartments on the East, G.G.C. Apartments to the South and Lincaln' Dzltve-to t;he Nest. The proposal to be known as %oushar Square in Edinat' is proposed to be developed at 11.1 units per acre and contain tventy-four units with a total of le0 condominium units. District zoning is more adaptable to the difficult ter.rain of the area than industrial develgpment inasmuch as it would preserve more of the hill. In response to questions of Councilman Johnson, Mr. Luce said that the proponents had made a traffic study which was reviewed and agreed upon by the Village Engineering Department and that it is not felt that it will be necessary to widen streets in'the area. proposal that comes to the Council is for almost twelve units per acre. Luce responded that the closer the site is to the Dominis Road interchange, the greater the requested density. He added that if the Village expects excellence in its apartment complexes, a high density is necessary to make these projects economically sound. Councilman Courtney's motion was seconded by Councilman Van Valkenburg and carried, that the proposal be continued to July 2, 1973, so that Council would have an opportunity to study the traffic study and site plans drawn up by the developer. . Nr. Luce said that he believes that Planned Residential Councilman Courtney expressed concern that every Mr. Following considerable discussion, SCHNEIDEB'S 2ND N)J)ITION TO EDINA GRANTED PmLIIIINARY PLAT APPROVAL. Nr* Lute presented Schneider's 2nd Addition to Edina for preliminary plat approval fol- lo-cJing presentation of Affidavits of Notice which were presented by Clerk, approved as to form and ordered placed on file. Commission had denied the originally proposed plat which called for 'three 'lots along B. 69th Street and had.approved a revised plat which called for two lots on W. 69th Street: Mayor Bredesen said that he had talked to Mrs. Schneider and said that in his judgment the three lots inrthe originally proposed plat meet square foot requirements of the Village and that he does not think that people should be expected to have 125 foot lots so close to T.H. 100. Arthur S. Nelson, 6628 Brittany Road, said that he hoped that the lot would remain as one lot but that he would certainly object to the three lot plat. The owner of Lot 3, Brost Addition, said that this property includes vacated Shemood Avenue and ob'jected that this proposed plat would prevent platting of property adjacent to vacated Shemood Avenue. her husband had offered to buy the property along vacated Shemood Avenue for 35Q per square foot hat that the offer had been refused. The owner of Lot 1, Block 1, Normandale Terrace, said that he had no objection to the revised plat. Discussion ensued as to the ownership of Lot 6, Normandale Terrace, with Councilman Johnson suggesting that the plat be referred back to the Plan- ning Commission to determine who owns the land. Village Attorney Ericlcson said that in approving the plat, Council would, by implication, be approving the lot division already made. motion approving the preliminary plat as recommended by the Planning Commission was then seconded by Councilman Courtney and carried as follows: He advised that Planning Plr. Mrs. Schneider said that Following considerable discussion, Councilman Shapj' B PdSOLUTION APPROVING PRELIMINARY PLAT OF SCHNEIDER'S 2ND ADDITION TO EDINA BE IT P'SOLVED by the Village Council of the Village of Edina. Minnesota. that that certain plat knovm as "Schneider's 2nd Addition, platted-by Samuel 5. Schneider, and presented at the Regular Meeting of the Edina Village Council of June 18, 1973, be and is hereby approved. uh rollcall there were four ayes with Councilman Johnson voting "Nay" and the resolution tias adopted. NOPWANDALE BESSESEN REPLAT PRELIMTNARY APPROVAL REQUEST WITHLRAV7N. advised by Mr. Luce that the developer had withdrawn his request for preliminary plat approval for Normandale Bessesen Replat at this time. . Counci 1 was LOTS 32 AND 33, WARDEN ACRES DIVISION APPROVED. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. advised that, because of topographic conditions, the property owner is request- ing a new division for Lots 32 and 33, Warden Acres. of PIr. John Nelson, 5909'Crescent Drive, that it might be possible to obtain R-2 Blultiple Residential zoning for the property. heard, Councilman Van Valkenburg offered the following resolution and moved its adoption: Mr. Luce He replied to a questibn No furthei- discussion being 6/18/73 .. RESOLUTION , WHEREAS, the following dkscribed tracts of land are now separate parcels: . Lot 32, Varden Acres, Hennepin County, liinnesota, and That part of Lot 33, Varden Acres, Hennepin County, Minnesota, lying Best of the Ninneapolis , Northfield & Southern Railroad track right-of-way; and IJHEPaAS, the owners of the above tract of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : That part of Lot 32, Warden Acres, lying Westerly of a line run from a point on the North line of Lot 32, a distance of 60.0 feet East of the Northwest comer thereof, to a point on the South line of Lot 32, a distance of 123.92 feet East of the South- west comer of Lot 32; and That part of Lot 32, Varden Acres, except that part lying Westerly of a line run from a point on the North line of Lot 32, a distance of 60.0 feet East of the Northwest comer thereof, to a point on the South line of Lot 32, a distance of 123.92 feet East of the Southwest corner of Lot 32; and that part of Lot 33 lying West of the tlinneapolis, North- field and Southern Railroad track right-of-way; and QHEREAS, it has been determined that compliance with the SAdivision and 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 purposes of the . Subdivision and Zoning Regulations as contained in the Village of Edina Ordi- nance Nos. 801 and 811; _r NCW, THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the Village of t -_ Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allov said division and convey- ance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that ao €urther 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. Hotion for adoption of the resolution was seconded by Councilman on rollcall there were five ayes and no nays and the resolution was adopted. FJELD IJAYEN STREET NAME CHANGED TO "FIELD IJAY". Mr. Luce presented Street Name Change Ordinance No. 5 for Second Reading. No objections being heard, Council- man Johnson offered the following ordinance for Second Reading and moved its adoption : Courtney and I STREET NANE CHANGE ORDINANCE 5 THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 2. This ordinance shall be in full force and effect from and after Fjeld Wayen-is hereby renamed "Field Way". its passage and publication. Notion for adoption of on rollcall there were ATTEST : the ordinance was second by Councilman Courtney and five ayes and no nay& the ordinafl was adopted., Village Clerk l-iayo r FJATER SUPPLY IJELL NO. 18 BID AWARDED. lir. Hyde presented tabulation of five bids received in response to Advertisement for Bids in the Edina Sun and in the Construction Bulletin on May 17, 24 and 31, 1973. Tabulation showed Keys Well Drilling 10W bidder at $37,565.00; Hydro Engineering, $43,160.00; Layne llinnesota, $43,620.00; E. H. Rnner IS Sons, $44,675.00 and Bergerson-CasbJell at $48,725.00. Councilman Johnson's motion was seconded by Councilman Courtney and carried awarding contract to recommended low bidder, Keys Vel1 Drilling. LOT 5, BLOCK 1, SAVOR^ ADDITION VEEDS TO BE CUT. Mr. Gerald McCloslcy, 5336 Flhiting Ave., presented a petition and pictures shoving weeds between his pro- perty and the Crosstown Highway. He advised that weeds had been cut but that the job had not been completed. Attorney explained the existing lawsuit against Mr. Richard Lundgren and the attempts of the Village to resolve the matter. Mr. Hyde will ask the Weed Inspector to see that weeds on the hill are cut. . I Discussion ensued in which the Village 7001 DUBLIN ROAD PETITION FILED FOR SANITARY SEFJER. The petition for sanitary sewer improvement for 7001 Dublin Road was ordered referred to the Engineer- ing Department for processing by motion of Councilman Shaw, seconded by Councilman Courtney and carried. 6/18/73 BA- 188 STREET IMPROVEMf3NT ASSESSMENT NOTED BY EXPRESSWAY PROPERTIES, 1142 . Nr. Hyde. called Council's attention to a letter from Nr. James L. Bergschneider of E-xpressway Properties, Inc., objecting the assessment os his company for Street Improvement No. BA-188. Hr. Bergschneider objected that his company had never been notified of the improvement and that the frontage road, as designed, does not directly serve his property. Nailing Notice" indicated that a notice had been sent to Expressway Properties, Inc. presented at the Assessment Hearing. Mr. Hyde said that the "Certificate of Mr. Bergschneider said that objection. to the assessment V70Uld be again k7ALNUT DRIVE OPENING PROTESTED. letter from Mrs. Virginia L. Cunningham, 5928 Walnut Drive, objecting to the possible opening of Walnut Drive. Blr. Hyde called Council's attention to a The letter ~7as ordered placed on file. I F LOT 5, EL FaCHO SUBDIVISION TO BE RECONVEYED TO STATE OF MINNESOTA. was made of a .letter from Mr. James P. Hafinelly, 4900 Prescott Circle to release tax forfeited Lots 5 and 6, El Rancho Addition. As recommended by Nr. Dunn, Councilman Johnson's motion that the Village retain Lot 6 for drainage and authorizing the Village Attorney to prepare the release of Lot 5, El Pancho Addition, yas seconded by Councilman Sbaw and carried. EUGENE CARDINAL CONVICTION APPEALED TO 14INNESOTA SUPP3&3 COURT. advised of an appeal from a municipal court conviction to the Minnesota Supreme Court by Eugene Cardlnal. Note Council vas Nr. Curtis Austin is handli'ng the matter. LEAGUE OF MINNESOTA MUNICIPALITIES OBSERVER NAMED. As recommended by Mr. Hyde , Councilman Van Valkenburg's motion was seconded by Councilman Shaw and carried, appointing Village Assessor swanson to serve as' an observer for.the Village at the Conference of the League of Minnesota Hunicipalities. Councilman Shaw said that the League is aware of the Village's inclination to withdraw unless drastic . changes are made. TFAFFIC SAFETY CONMITTEE METING MINUTES of June 13, 1973, were accepted by motion of Councilman Courtney, seconded by Councilman Johnson and carried. P-BA-197, P-SS-311 AND P-Ifif-284 HEARING DATES SET. As recommended by 14r. Dunn, Councilman Shaw offered the following .resolution and moved its adoption: PaSOLUTION PROVIDING FOR PUBLIC HEARING ON , STFGET IHPROVEMENT NO. P-BA-197, SANITARY SEWER NO. P-SS-311 AID WATERMAIN IMPROVEMENT E-TJN-284 1. as to the feasibility of the proposed improvements described in the form of Notice 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. This Council shall meet on Monday, July 2, 1973, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, 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 not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following $om: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, T.III?NESOTA NOTICE OF PUBLIC HEARINGS PEB"ENT STREET SURFACING AID CONCP,ETE CURB & GUTTER IPPROVEBENT NO. P-BA-197 I?ATERMAIN IMPROVEMENT NO. P-Wlf-284 The Village Engineer, having submitted to the Council a preliminary report I SANITARY SEWER IIvIPROVEFI.ENT NO. P-SS-311 Edina Village Council will meet at the Edina Village Hall on Nonday, July 2, 1973, at 7:OO p.m., to consider the follotling proposed improvements to be constructed under the authority granted by Hnnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below: 1. CONSTRUCTION OF PEP&lANENT STREET SUFZACING . AND ESTINATED COST CONCPGTE CURB AND GUTTER IN THE FOLLOIIING: A. INPROVEIENT NO P-BA- 19 7 $142,628.20 140- i 6 /18/73 2. . -=itrim Road from West 70th Street to Dub in Road Dublin .Road from Vest 70th Street to Antrim Road Kerry Road from Dublin Road to cul-de-sac. Bzxford Road from Kerry Road to cul-de-sac Down Road from Vexford Road to Lee Valley Road Lee Valley Road from Down Road to Shannon Drive Shannon Drive from Lee Valley Road to Dewey Hill Road Tralee Drive from Lee Valley Road to cul-de-sac ,W. 70th Street from htrim Road to Dublin Circle CONSTRUCTION OF VILLAGE SANITARY SEVER AND APPUJITENANCES IN THE FOLLOWING : A. IIlPROVEMEXT NO. P-SS-311 I West 70th Street from Antrim Road to 415 feet West 3. CONSTRUCTION OF VILLAGE WATER IIAIN AND APPURTENANCES IN THE FOUOTIING: A. LEIPROVDENT NO. P-llI4-284 Parnell Avenue from Valley View Road to the South line $ 4,805.19 . $ 15,470.83 of Lot 14, Block 5, Virginia Avenue Addition The area proposed to-be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-197) under l-A above Slicludes Lots A & C, Registered Land Survey 8971, Lots 1 and 2, Block 1, A1 Petersen Addition, Lots 1 and 2, Block 1, Griffith Addition, Lots 1 and 2, Block I, Schey's Parkview 2nd Addition, Lots 1 and 2, & Outlot 1, Block 1, Schey's Park View Addition, Lots 1 and 2, Block 1, Knollview Addition, Lot 3, Block 1 and Lot 1, Block 2, Fjeldheim Addition, Lot 3, Block 1, Lots 3, 4 & 5, Block 2, Lots 1, 2,.3 & 4, Block 3, Fjeldheim 2nd Addition, Lots 1, 2 (Parcel 1100), 2 (Parcel 1200) 3, 4 (Parcel 2010), 4(Parcel 2020), 6, 7, 8, 9, 10, 12-13 (Parcel 6006), 12-13 (Parcel 6503), 14, 15 (Parcel 7500), 15 (Parcel 8000) and 16, Prospect Hills Addition, Lots 1 thru 6, Block 1, Lots 1 and 2, Block 2, Lots 1 thru 6, Block 3, Prospect Hills 2nd Addition, Lot 2, Block 1, Harold Hargrove 1st Addi- tion, Parcel 5460, Sec. 5, T. 116, R. 21, Parcel 1520, Sec. 8., T. 116, R. 21. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-311) under 2-11 above includes East 110' of Lot 4, Prospect Hills (Parcel 2010, Sec. 8, T, 116, R. 21), part of Lot 4 lying Vest of East 110' (Parcel 2020, Sec. 8, T. 116, R. 21). The area proposed to be assessed for the cost of the proposed Watermain (Improve- ment No. P-TTl4-284) under 3-A above includes Lots 15, 16 and 17, Block 5, Virginia Avenue Addition, Lots 7 and 8, Ettner's and Wing's Addition. ,Florence B. Hallberg Village Clerk 1-fotion for adoption of the resolution 17as seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. VIEVJ LANE/SCHAEFER ROAD TEIPORARY STOP SIGNS AUTHORIZED; NINE NILE CREEK CROSSINGS HEARIHG DATE SET. Ilr. Dunn presented Improvement Feasibility. Report (1973-58) which includes Nine Mile Creek Crossings to connect: 1. 2. Londonderry Road and Valnut Drive Londonderry Drive and the County Road 18/Dominic Drive Interchange Mr. Hyde reviewed the results of the post card questionaires which were mailed out on June 1, 1973, stating that 214 of the 467 questionnaires mailed out were returned (45.8%) which indicated that the respondents would expect to use the proposed facilities as follows : Malibu Drive North to 7th St. 84.4 Londonderry Road &Walnut Dr, South to Vernon 196 Blake Road South to Olinger Blvd. Nr. Hyde said that the survey indicates that the Londonderry Road and Valnut Drive South to Vernon Ave. crossing (estimated cost $76,179.08) would provide almost twice as much traffic relief to the Eastern Parlcwood Knolls area as would the Londonderry Drive West ta County Road 18 crossing (estimated cost $276,146.98). He told Council that Mr. Dunn had recommended that a public hearing be scheduled for the Londonderry Road and Walnut Drive South to Vernon Ave. crossing for July 16, 1973. Dr. Lloyd E. Pearson, 5700 View Lane, urged that the hearing be conducted on July 2, 1973, so that traffic on Viev Lane would be alleviated as quickly as.possible. He stated that traffic counts taken a year ago indicating 1,800 cars per day on View Lane are obsolete and that many more cars presently use that route. He esprcssed concern about the safety of neighborhood children and urged that bar+ca_des be installed at the intersections of Londonderry Road and Biscayne Blvd., at Londonderry Rqad and Stauder Circle, at South Knoll Drive and Schaefer Road and at South Knoll Expected Uses Per Day Londonderry Drive Vest to Co. Rd. 18 102 114.05 Drive and-Viev? Lane. Speaking in opposition to the traffic in the area .were 6/18/73 124 1 Mr. Lloyd Cherne, 5704 View Lane, Mr. Richard Gohr, 5705 Camelback Dr., and an unidentified lady in the audience. Mr. Fletcher C. Ualler, Jr., 5601 Schaefer Road, suggested the possibility of installing stop signs at the inter- sections mentioned by Dr. Pearson. Following considerable discussion, Council- man Shaw's motion was seconded by Councilman Courtney and carried, authorizing a four-way temporary stop sign at the intersection of View Lane and Schaefer Road. It was recognized that the action is inconsistent with the action taken in approving the Traffic Safety Committee Minutes of June 13, 1973, and that warrants for the stop signs have not been met. Other locations will be considered upon further Studyefor ad'ditional stop signs. T.H. 100 AND W. 77TH ST./EDINA INDUSTRIAL BLVD. INTERCHANGE PLANS AND COOPEFATIVE AGREEMENT APPROVED. As recommended by the Village Nanager and the Village Eng- ineer, Councilman Johnson offered the following resolution and moved its adopt- ion : WHEPaAS, the Commissioner 05 Highways has prepared plans, special provisions and specifications for the improvement of a part of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the corporate limits of the Village of Edina from the South corporate limits to 51. 74th Street; and WWREAS, said plans are on file in the office of the Department of Highways, Saint Paul, Ninnesota, being marked, labeled and identified as S.P.2733-51 (100=130) ; and VHERGAS, said special provisions are on file in the office of the Department of Highways, St. Paul, Ninnesota, being marked, labeled and identified as S.P. 2733-51 (100=130), which, together with the Minnesota Department of Highways Specifications for Highway Construction, dated'January 1, 1972, on file in the office of the Commissioner of Highways, constitute the specifica- tions for said improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100; and WEEAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the office of the Village Clerk; and WHEREAS, the term "said plans and special provisionstt as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described; NOW, THEmFORE, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the limits of the Village of Edina be and hereby-are approved; and BE IT FURTHER PGSOLVED that the elevations and grades as shown in said plans and special provisions be and they are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of said Trunk Highway Number 130 renumbered as Trunk Highway Number 100 in accordance with plans and special provisions. Motion for adoption of the resolution was seconded by Councilman on rollcall there were five ayes and no nays and the resolution was adopted. Councilman Johnson thereupon offered the following resolution and moved its adoption : BE IT RESOLVED that the Village of Edina enter into an agreement with the State of Minnesota, Department of Highways for the following purposes, to-wit: to supplement Agreement No. 56958 dated November 19, 1971, and provide for the replacement of the agreement cost estimate with a revised cost estimate prepared using new unit prices and reflecting certain changes in construction plans relative to Village of Edina cost participation in storm sewer and front- age road construction in accordance with said Agreement No. 56958, the replace- ment of the agreement exhibit with a revised exhibit showing 'the changes made inthe construction plans relative to the Village cost participation storm sewer construction, the payment by the Village of a prorata share of construction Item No. 2021.501 "Haintenance and Restoration of Haul Roads", and the changing of the Village's estimated total cost share as set forth in Article 111 of Agreement No. 56958 to reflect the changes in the construction plans and the net7 unit prices contained in the Engineer's estimate; and BE IT FURTHEI: PGSOLVED That the Playor and Clerk be and they hereby are auth- orized to execute such agreement. (Supplement No. 1 to Cooperative Construction Agreement No. 56955). 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. RE S OLUTLON t Courtney and E SOLUTI ON T.H. 100 FRON WILLSON ROAD TO VALLEY VIJW ROAD PLANS MID COOPERATIVE AGREEMENT APPROVED. resolution' and moved its adoption: As recommended by Mr. Hyde, Councilman Johnson offered the following 6/18/73 RESOLUTION WHEREAS, the Commissioner of Highways has prepared plans, special provisions and specifications .for the improvement of a part of Trunk Highway Number 130 renumbered as Trunk Highway Number 100 within the corporate limits of the Vill- age of Edina from Valley View Road to Willson Road; and WHEREAS, said plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as S.P.2733-48 (100=130) ; and BHEREAS, said special provisions are on file in the office of the Department of Highways, St. Paul, Hinnesota, being marked, labeled and identified as S.P. 2733-48 (100=130), whi ch, together with the Minnesota Department of Highways Specifications for Highway Construction, dated January 1, 1972, on file in the office of the Commissioner of Highways, constitute the' specifications for said improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number 100; and WHEREAS, copies of said plans and special provisions as to marked,.labeled and identified are also on file in the office of the Village Clerk; and WHEPUZAS, the term 'Isaid plans and special provisions" as hereinafter used in the body of this resolution shall be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals particularly identified and described; NOV, THEREFORE, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway Number 130 renumbered as Trunk Highway Number BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions be arid they are hereby approved and consent is hereby given to any and all changes in grade occa'sioned by the construction of said Trunk Highway Number 130 renumbered as Trunk Highway Number 100 in accordance with said plans and special provisions. Notion 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. Councilman Johnson then offered the following resolution and moved its adopt- ion: - I 100 wfthin the limits of the Village of Edina be and hereby are approved; and . .. .. RESOLUTION BE IT PtSOLVED that the Village enter into an agreement with the State of Minnesota, Department of Highliays for the follo1iing purposes, to-w&: vide for payment of the Village of Edina to the State of the Village's share of the costs of constructing cooperative joint-use storm sewer facilities, por- tions of concrete curb and gutter, certain concrete walk and other associated work to be performed by the State, under contract, upon and along'Trunlc Highway No. 100 from a point approximately 500 feet South of Valley View Road to a point approsimately 950 feet North of Richmond Drive and upon and along the East and Vest Frontage Roads from Valley View Road to the Northern terminus of the state project in accordance with State plans, specifications and special provisions designated as State Project No. 2733-48 (T.H. 1003- 130). Said agreement also provides for the Village to cause the installation of electrical power trans- mission facilities to furnish electrical energy to the Melody Lake outlet storm sewer system pumping stAtion, and payment by the State of its share of said installation costs. of the construction of the East and West Frontage Roads, the State shall convey said frontage roads to the Village without cost or expense; and BE IT FURTHER RESOLVED that the Nayor and Clerlc be and they hereby are authorized to execute such agreement. (Cooperative Construction Agreement No. 57145) 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. to pro- In addition, the agreement provides that upon the completion NO ACTION TAKEN ON AGENCY AND RELOCATION AGREENENT FOR T.H. 100 FRON WILLSON ROAD TO VALLEY VIEM ROAD. for T.H. 100 between F7illson Road and Valley View Road. Nr. Dunn presented Agency and Relocation Agreement No action was talcen. JAKE'S PIZZA OF EDINA, INC., ON-SALE AM) OFF-SALE BEER LICENSES APPROVED. Sub- ject to the approval of the Sanitarian, Councilman Johnson's motion was sec- onded by Councilman Shaw and carried approving On-sale and Off-sale Beer Lic- enses for Jake's Pizza of Edina, Inc., to be located at 7100 bndson Ave. STATE YOUTH SUIMER EEIPLOYNENT PROGFWI APPROVED. Eir. Hyde advised Council that the State Commissioner of Labor had knfoim&d:the Village of action of the State, Legislature in setting up a State Youth Summer Employment Program and that the share bf the Village would be $11,200. These funds, of which the Village would pay 12yL, F70Uld provide twenty-one youths from ages 16- to 21 with employment for ten weeks at $1.60 per hour for a 30 hour week, lfr. Hyde added that half of the youths would have to meet certain elegibility requirements on low family income. Councilman Johnson's motion was seconded by Councilman Courtney and carried that c 6/18/73 the Village advise the Hopkins Employment Office of its willingness to cooperate in the plan. CONbEXION AND BOARD APPOINTMENTS APPROVED. Councilman Johnson's motion was seconded by Councilman Courtney and carried for confirmation of the following appointments: Nr. James Nelson - Governmental Quality Commission; Mr. Frank Dean - Planning Commission Representative to Park Board; Member of the Environmental Quality Commission; and for the appointment of Mr. John Windhorst, Sr. to replace Mr. McGovern on the Governmental Commission. TEEN CENTER CONTINUATION APPROVED. expenditure of $3,000 to set up a temporary teen center at the High School thru May 30 and advised that .the program had been very successful. Bs requested by Mr. Rosland, Councilman Cburtney's motion t7as seconded by Councilman Shaw and carried authorizing expenditure of $810 needed to keep the facility open until June 26, 1973. Fritz Reid - Youth Mr. Hyde recalled that Council had authorized 0PJ)INANCE NO. 901-A& ADOPTED. Councilman Johnson offered the following ordinance and moved its adoption with waiver of Second Reading: ORDINANCE NO. 901-A4 AN 0PJ)INANCE AMF,I?DING ORDINANCE NO. 901 TO DEFINE 3lINOR, TO PERSO€?S 18 YEARS OF AGE AND OLDER, AND TO REGULATE THE PURCHASE, POSSESSION AND CONSUMPTION OF SUCH LIQUOR BY MINORS. t-. * 4. TO ALLOTJ THE SALE OF INTOXICATING AND NON-INTOXICATING MALT LIQUORS THF, VILLAGE COUHCIL OF EDINA, MINNESOTA, ORDAINS: "Ninorr' to read as follows: w a k Section 1. Section 1 of Ordinance No. 901 is hereby amended to redefine "'Minor' means any person under 18 years of age.rt Sec. 2. Purchase by Minor. Sec. 25 of Ordinance No. 901 is hereby amended to read as fOllOP7S: "Sec. 25. Purchase by Minor. . "No person 1ess.than 18 years of age shall purchase, directly or indirectly, any intoxicating liquor or non-intoxicating malt liquor.'t Sec. 3. Ksrepresentation of Age. "No person less than 18 years of age shall represent that he is 18 years of age or over for the purpose of obtaining any intoxicating liquor or non-intoxicating malt liquor." Sec. 4. Possession or Consumption by Minor. Sec. 27 of Ordinance No. 901 $'Set. 27. Possession or Consumption by Minor. "No'person less than 18 years of age shall possess or consume intoxicating liquor or non-intoxicating malt liquor, except in the personal presence or pursuant to the written authorization of his parent or lawful guardian." Sec. 5. Furnishing to Minor. Sec. 28 of Ordinance No. 901 is hereby "Sec. 28. Furnishing to Minor. NO person shall purchase for or furnish to any person less than 18 years of age any intoxicating liquor or non-intoxicating malt liquor, except in the personal presence or pursuant to the written authorization of his parent or lawful guardian. tt Sec. 6. This ordinance shall be in full force and effect upon its passage % is hereby amended to read as follows: amended to read as follows: and publication. ORDINANCE NO. 901-A3 ADOPTED. offered Ordinance No. 901-A3 for First Reading with waiver of Second Reading and moved its adoption: As recommended by Mr. Hyde, Councilman Shaw ORDINANCE NO. 901-A3 AN ORDINANCE AEEWDING ORDINANCE 901 TO REGULATE TI% SALE OF .INTOXICATING LIQUOR, AND TO ESTABLISH LICENSE FEES FOR LICENSES FOR THE SALE OF INTOXICATING LIQUOR THF, VILLAGE COuZ?CIL OF EDINA, MINNESOTA, ODAINS: Section 1. Section 1 of Ordinance No. 901 is hereby amended by adding "Sunday sale licenser1 means a license €or the on-sale of intoxicating liquor issued by the Village of Edina pursuant: to Minnesota Laws 1973, Ch. 441. the following definitions : 844 le license" means a licen 6/18/73 for the on-sale f intoxi ating liquor issued b$ the Village of Edina pursuant to any law other than Ninnesota Laws 1973, Ch. 441. Sec. 2. License Required. Section 8 of Ordinance No. 901 is hereby amended to read as follo17s: "Sec. 8. License Required. ItNo person shall, directly or indirectly, upon any pretense or by any device, manufacture, import, sell, exchange, barter, dispose of or keep for sale any intoxicating liquor on Sunday without first having obtained a Sunday sale license or on any day other than Sunday without first hav- ing obtafned an on-sale license. sale of intoxicating liquor only. issued only to a club which held a club license prior to January 1, 19E.0, for the sale of intoxicating liquor. which after January 29, 1934,. has been convicted of any wilful kiolation of any law of the United States, of the State of Ninnesota, or any local ordinance, with regard to the manufacture, sale, or distribution of intoxicating liquor, nor to any club whose*license, of either kind, under this ordinance is after said date revoked for any wilful violation hereof, or of such laws.t1 Sec. 3. License Fee. Section.10 of Ordinance No. 901 is hereby amended I Such licenses shall permit the on- Licenses as herein described may be i?o license shall be issued to any club to read as follows: "Sec. 10. License Fee. "The license fee for a Sunday sale license shall be $200 per annum; the lic- ense fee for an on-sale license shall be $100 per annum." Sec. 4. This ordinance shall be in full force and effect upon its passage and publication and upon Minnesota Laws 1973, Ch. 441 becoming effective. Notion for adoption of the ordinance was seco and on rollcall there were five ayes and*no ATTEST : Councilman Van Vallcenbur Village Clerk $L d0 .- i. I ORDINANCE NO. 311-A3 G?&WCED :FIRST READING. . Mr. .Hyde,presented Ordinance No. 311-A3 for First Reading. Following some discussion, Councilman Johnson offered the First Reading of Ordinance No. 311-A3 as follows: ORDINANCE NO. 311-A3 AN ORDINANCE MIENDING ORDIWAECE NO. 311 PROVIDING FOR THE CONFINEIIENT OR DESTRUCTION OF CERTAIN ANIMALS; DECLARING CERTAIN ANIMALS TO BE A NUISANCE; IMPOUNDING OF ANIMLSTD D3TEDlINE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, OPDAINS: thereto the following: to live and breed in a tame condition. IF RABID; AND PRESCRIBING A PENALTY -. Section 1. "Domestic animal" includes any of various animals domesticated by man so as Section 2. folh7S : "Sec. 16. Confinement or Destruction of Certain Animals; Declaring Certain Animals to be a Public Nuisance; Impounding of Animals to Determine if Rabid. (a) Animals in heat shall be kept confined in an enclosure which prevents thei.r escape or the entry therein of other animals. (b) Animals including but not limited to dogs and cats of a fierce, danger- ous or vicious nature or disposition shall be confined in an enclosure so that they cannot harm persons and which prevents their escape and from which they cannot be released by persons other than those who own or harbor the animal, except when muzzled and under the control of a competent person. physical capacity to be dangerous to the safety and welfare of any person shall be confined in an enclosure so that they cannot harm persons,which prevents its escape and which prevents access to the animal from the outside by persons other Said enclosure and sanitation facilities for the enclosure shall be approved by the Village Animal Control Officer and the Village Public Health Sanitarian prior to the importation of a wild animal or reptile into the Village. from time to time to insure the health and safety of the publiceand the animal. Reducing such wild animals or reptiles to captivity, whether trained or otherwise domesticated, shall not remove such animal or reptile from the requirements and regulations herein. Wild animals and reptiles, which are not confined as herein provided, or confined in an unapproved enclosure, shall be deemed a public nuis- Section 1 of Ordinance No..311 is hereby amended by adding Section 16 of Ordinance No. 311 is hereby amended to read as (c) Any animal or reptile which in its uncaptured, wild state has the . than its owner or those having control of it. The Village shall inspect the facilities 6/18/73 ance by all lawful remedies, including impoundment and destruction, without compensation to the owner. a protected species, applicable State and Federal laws shall apply to the abatement of the nuisance. i~orry, chasen or ,attack pedestrians, bicyclists or other persons on public property or private property other than property owned by the owner of. said animal or which chase motor vehicles traveling on the public streets shall be deemed a public nuisance. (e) Animals including but not limited to dogs and cats which attack, worry, wound, injure or kill a domestic animal shall be deemed a public nuisance. impounded on three, or more separate occasions under the provisions of this ordinance for biting persons other than the owner's immediate family shall be deemed a public nuisance, (8) Animals described in paragraphs (a), (b), (c), (d), (e) and (f), found running at large shall be taken up by the police officers or Animal Control 0fficer.of the Village and impounded in the manner described in this ordinance. Animals described in paragraph (b), (d), and (e), found funning at large may be immediately killed by or under the direction of the Animal Control Officer if said animal cannot be impounded after reasonable effort or cannot for at least 10 days, separate and apart from other animals, under the supervision of a licensed veterinarian until it is determined whether the animal had or has rabies. If the animal is found to be rabid, it shall be destroyed; if it is found not rabid, it shall be returned to the owner pro- vided the owner shall 'first pay for the cost of keeping it. not pay such cost within five days after he has been notified to claim or retrieve his animal, the animal may be disposed of as provided in Section 13. Any animal known to have been bitten or exposed to rabies shall be picked up and destroyed, provided, however, that such animal may be immediately killed if wZth reasonable effort it cannot first be taken up and impounded. an animal is impounded, it shall not be destroyed if the owner makes provision for'a suitable quarantine for a period of not less than six months, or proof of immuniation is furnished and booseer injections are given by a licensed veterinarian at the expense of the owner. Officer a sworn, written complaint stating the acts subject to the provisions of this ordinance committed by the animal, th6 dates the acts occured, the name and address of the person owning or harboring the animal and the name and address of the complainant. sign a complaint on behalf of the Village before the Judge of 'llunicipal Court. The Court shall issue a summons directed to the owner or persons owning or harboring the animal, commanding him to appear before said Court and show cause v7hy such animal should not be killed by the Animal Control Officer or other- wise disposed of or confined as provided by this ordinance. shall he .returnable nijt less than 5 days nor more than -14 days from the date thereof and shall be served at least 3 days before the time of appearance mentioned therein. of, the Court shall find the animal a public nuisance and order said animal killed, removed from the Village,Gor confined as required by thFs ordinance. The Court, in its order, may provide further that if the owner or person harboring the animal disobeys such order, he shall be in violation of this ordinance and the Animal Control Officer or any police oEficer may impound and destroy any animal described in such order of the Court. section are inaddition to and supplemental to other penalty provisions of this ordinance. I' Section 3. Section 26 of Ordinance 3.11 is hereby amended to read as f 0 1lO.tJS : *'Sec. 26. Penalties, In addition to the other penalties prescribed herein, any person maintaining a nuisance as defined in this ordinance or otherwise violating this ordinance , or owning, keeping 'or harboring an animal in violation of this ordinance, shall upon conviction 'thereof be pun- ishable by imprisonment for not more than 90 days, or,by a find of not more than $300, together with the costs of prosecution in either case." This ordinance shall be in full force and effect immediately upon its passage and publication. In the event that such wild animal or reptile is (d) Animals including but not limited to dogs which habitually threaten, (f), Animals including but not limited to dogs and cats which have been be impounded without serious risk to persons attempting to impound it. (h) Any animal that hsa bitten a person shall be'taken up and impounded If the owner does If such (i) Any person may send or deliver to the Village Animal Control' The Animal Control Officer shall then promptly Such summons Upon such hearing and finding the facts true as complained The provisions of this sub- Section 4. ' 1'4 6- 6/18/73 VILLAGE EEPLOYEES' TRAVEL EXPENSE REGULATIONS ESTABLISHED. As recommended by Hr. Hyde, Councilman Shaw offered the following resolution and moved its adopt- ion: A RESOLUTION PRESCRIBING RULES FOR REIMBURSEEIENT OF TRAVELLING EXPENSES OF VILLAGE ENPLOYEES AND FOR . ADVANCE PADENT OF SUCH EXPENSES BE IT EESOLVED by the Village Council of the Village of Edina, as follows: sary travel expenses of its officers and employees when attending meetings or con- ferences as delegates or representatives of the Village, or attending schools or institutes for the purpose of improving their abilities as officers or employees of the Village; and it is further the policy of the Village to-permit officers and employees to receive reimbursement of such expenses in advance, when necessary to avoid financial hardship. submitted as a claim to the Village Council and shall set forth the following: 1. It is the policy of the Village to reimburse the reasonable-and neces- E 2. Every claim for reimbursement, including advance reimbursement, shall be (a) -Destination and duration of travel. (b) The purpose of travel. (c) The method of travel. (d) An endorsement by the Village Manager that the travel is necessary for Village purposes, and that the method of travel chosen is the most sav- ing of time and money. meals, or (if the claim is for advance reimbursement) , an estimate of such expenses. (e) A daily itemization of travel expenses for transportation, lodging and (f) A verification by the claimant, as required by llinn. St., Sec. 412.271. If LLhe claim is for advance reimbursement, the employee shall also promis therein to submit an itemized accounting of his actual expenses within 10 days after his return, to be accompanied by payment to the. Village of the amount, if any, by which the advance reimbursement exceeded actual expenses. exceed $100 .OO. age and not by the employee. directly to the conference or institute. 5. money, the Manager shall consider not only the cost of commercial transportation, and the loss of time through travel, but also the safety and convenience of the officer or employee. 3. 4. Tickets for travel by commercial carrier shall be purchased by the Vill- The Village shall pay registration and tuition fees No advance reimbursement shall be allowed unless the estimated exTenses In determining which method of travel is the most saving of time and 1. 6. The following limitations shall apply except for good cause shown: Travel - Attendance at National meetings or conferences: Every other year for all employees, except Village Manager, Hayor, and Village Councilmen. Other than Ninnesota: - Tourist airfare and local transportation as necessary. By passenger car (2Ennesota only); - not to exceed 1OQ per mile actu- ally traveled. xotel accomodations: City of 50,000 population or over: City of less than 50,000 population: $23 per day $18 per day City of 50,000 papulation or over: Si2 per day (b) . City of less than 50,000 population: $9 per day, Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the s-esalutfon was adopted. 30SOl-1 PARCEL SETTLEXENT APPROVED FOR ElUD LAKE. son, Councilman Van Vallcenburg's motion accepting SkttIement'af $26';850,00 €or the Mosow property described as follows : All that part of Government Lot 1, Section 32, Township 117, Range 21, . lying Vest of the West line of Edina Grove, according to the recorded plat thereof , Hennepin County, Minnesota and the Northerly and Southerly extensions of said line and East of the following described line: Beginning on the North line of said Government Lot 1, 827.5 feet East of the N.1 corner thereof; thence South 260 feet; thence Vest and parallel t6 the said Nhrth line of Government Lot 1, a distance of 167.5 feet to a point. 40 rods East of the West line of said Government Lot I; thence South and.paralle1 to the Best line of said Government Lot 1 to Zlud Lake. ment Survey thereof, Hennepin County, Minnesota, subject to road ease- ments over the North 2 rods and the East 2 rods of said premises. As recommended by Mr. 'Erick- . According to the recorded plat and the United States Govern- 6/18/73 I*,$ a 4 t POLICE AND FIRE DEPAPINENT 1973 SALARIES APPROVED. As recommended by Hyde, Councilman Shaw offered the following resolutgn and moved its adoption, which salaries will be retroactive to January 1, 1973: ESOLUTION ESTABLXSHING SCfiEDVLE OF llAXll*m SALARIES AND WAGES FOR 1973 FOR POLICE AND FIRE DEPARTIGNTS 1972 Fire Chief Assistant Fire Chief ' Police Captain Detective Sergeant Sergeant PER NONTH 1,333 1 , 250 1,255 No. 1 , 300 1,085 45 1,130 1,065 45 Fire 45 1 , 110 { Mr . 1973 _PER MONTH 1,4509 1 , 333a: 1 , 400 45 1 , 445 1 , 195 45 1,240 1,175 45 1,220 , . Detective 1,035 1 , 130 45 Proposed 1,080. Total >:Total pay - no overtime, no supplemental in lieu of pension difference. 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. LIQUOR FUND as of April 30 , 1973, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. I PAT? CONSTRUCTION WORT( APPROVED. As recommended by Hr. Rosland, Councilman Shaw's motion was seconded by Councilman Van Valkenburg and carried, award- ing of dozer construction time for work on soccer field at Pamela Park and other park construction projects for 1973 to J. A. Danens and Son, recom- mended low bidder , for the following equipment: D8 Dozer (Power Shirt) 34.00 per hour D8 Dozer 30.00 per hour D6C Dozer 28.00 per hour D6B Dozer - 30" Swamp Tracks 28.00 per hour 6 Axle Lowboy 22.00 per hour .. CLAINS PAID. and carried for payment of the following claims as per pre-list: General Fund, $123,350.57; Construction Fund, $208,655.23; Swimming, Arena, $102,066.30; Water Fund, $2,228.76; Liquor Fund, $170,607.80; Sewer Fund, $702.78; Improvements, $10,838.72; P.I.R. and Poor, $29,436.88; Total, $647,887.04. Hotion of Councilman Courtney was seconded by Councilman Shaw The agenda having been covered, Councilman Johnsons: motion for adjpurnment was seconded by Councilman Shaw and carried. Adjournment at 9:25 p.m.