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HomeMy WebLinkAbout19730702_regular148- NINIJTES OF THE REGULAR MEETING OF THE JULY 2, 1973 EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON Nembers answering rollcall were Councilmen Courtney, Shaw, Van Valkenburg and Mayor Bredesen. MINUTES of June 18, 1973, were approved as submitted by motion of Councilman. Van Valkenburg, seconded by Councilman Shaw and carried. .,? -1 PUBLIC HEARINGS CONDUCTED ON VARIOUS PUBLIC IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. suant to due notice given, public hearings were conducted and action talcen as hereinafter set forth: A. 1 Pur- CONSTRUCTION OF PElQMENT STREET SURFACIRG AND CONCRETE CURB AND GUTTER IN THE FOLLOI?ING (BA-197) : Antrim Road from 17est 70th Street to Dublin Road Dublin Road from West 70th Street to Antrim Road Kerry Road from Dublin Road to cul-de-sac Wexford 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 Tralee Drive from Lee Valley Road to cul-de-sac West 70th Street from Antrim Road to Dublin Circle Road to ZIeGey Hi13 Road Mr. Hyde advised that this hearing is being held as the result of numerous comp- laints that have been received about the condition of the streets in the area. He onere e curb and gutter, cost of which is proposed to be assessed at an estimated cost of $2,674.28 per lot. Nr. Hyde advised also that it is proposed to construct the remainder of Storm Sewer Improvement 117 which was approved by the Csuncil on October 28, 1968, a portion of which was constructed in 1969. The remainder of the project is estimated to cost $41,398.85 and is proposed to be assessed over the area remaining at an estimated rate of $16.00 per one thousand square feet of lot area. 41 out of 49 homeowners in the area, which petition expressed objection to the proposal, citing disadvantages of increased assessments, lack of aesthetic appeal and additional costs which would be incurred. less expensive repair and/or resurfacing of the streets. Mr. Darrell H. Boyd, 7204 Shannon Drive, was told by sir. Dunn that experience with bituminous berms has been satisfactory in the Indian Hills area and that the cost would be approxi- mately one-third less. In response to objections of Nr. Richard %leigel, 7009 Dublin Road, that the streets were not repaired as they should have been, 31r. Hyde recalled that $t the time the original improvement was installed, residents were told that it would not be long before a permanent street surfacing would be required. at 7001 Dublin Road, 7000 Antrim Road and 5900 I?. 70th Street. Mr. Dunn said that the condition of W. 70th Street was such that if curb and gutter is not to be installed, this portion of the improvement could be postponed to a later date. No objections were heard to the construction of the storm sewer improvement. Councilman Courtney's motion was then seconded by Councilman Van Valkenburg and carried authorizing the improvement as proposed in all streets except1.J. 70th Street between Antrim Road and Dublin Circle and replacing the curb and gutter with a berm. B. resente total estimated cost at $142,628.20 which includes a 30 foot asphaltic /gavgmeqt an$ Mr. David Baker, 7024 Wexford Road, presented a petition signed by I The petition requested simple and Council's attention was called to a letter from property owners living (See Resolution Ordering Improvement later in Minutes.) CONSTRUCTION OF SANITARY SEWER IMPROVEMENT AND APPURTENANCES IN THE FOLLOYING: Vest 70th Street from Antrim Road to 415 feet 'IJest (P-ss-311) Nr. Dunn advised that this improvement only needs to be done at this time if $7. 70th Street was to be resurfaced. been given at $4,805.19 with an estimated cost per connection of $2,402.60. No comments were heard from affected property owners in response to Nr.. Dunn's suggestibn that the project be abandoned at this time. burg's motion was then seconded by Councilman Courtney and carried that-the pro- ject be abandoned. C . CONSTRUCTION OF WATERMAIN IMPROVEElENT AND APPURTENANCES IN THE- FOLLOIJING : ( P-17M- 2 84) Parnell Avenue from Valley View Road to the South line of Lot 14, Block 5, Total estimated cost of the improvement had I Councilman Van Valken- Virginia Avenue Addition Mr. Hyde presented total estimated construction cost of $15,470.83, proposed to be assessed at an estimated cost of $3,094.17 per connection. this improvement is being proposed in order to provide a connection for the existing dead 'end water main and thereby alleviate a bad water condition and extra ordinary maintenance costs at the dead end. He advised-that Mr. William C. Duster, 6105 7/2/73 149 Parnell Ave., Mr. Charles Johnson, 6113 Parnell Ave., Elr. Donald Brauer, 6116 Parnell Ave., and the lady who lives at 6109 Parnell Avenue all spoke in opposition to the improvement, stating that the street is in good condition and the cost of the improvement is exorbitant in comparison with the cost of flushing the hydrant. were told by Mr. Hyde the average life of a well normally is from fifteen to twenty years. motion to abandon the project was seconded by Councilman Courtney and carried. Councilman Van Vallcenburg thereupon offered the following resolution and moved its adoption approving Street Improvement No. BA-197: . BE 1T.RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the follov7- ing proposed improvement: 'Property owners said that they all have good wells and No further comments being heard, Councilman VanValkenburg's RESOLUTION ORDERING IMPROVEIENT NO. BA- 197 BONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWNG: Antrim Road from Vest 70th Street to hblin Road Dublin Road from West 70th Street to Antrim Road Kerry Road from Dublin Road to cul-de-sac Vexford Road from Kerry Road to cul-de-sac Down Road from Wexford Road to Lee Valley Road Lee Valley Road from Down Road to Shannon Drive Shannon Drive from Lee Valley Road to Dewey Hill Road Tralee Drive from Lee Valley Road to cul-de-sac f?est 70th Street from Antrim Road to Dublin Circle and at tlje Ijearimg beld at tlje thge and h$ace s6ec5fied fn saLd notice, the Council has duly considered the view of all persons interested, and being fully advised of the pertinent 'facts does hereby determine to proceed with the construction of said improvement as described in the published notices of hearings, except that West 70th be deleted from the project and except that berms, rather than concrete curb and gutter shall be installed in the improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-197; and the area to be specially assessed therefor shall include Lots A & C, Registered Land Survey #971, Lots 1 and 2, Block 1, A1 Peters,en Addition, Lots 1 and 2, Block 1, Griffith Addition, Lots 1 and 2, Block 1, 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, 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 llOO), 2 (Parcel 1200) 3, 4 (Parcel 2010), 6, 7, 8, 9, 10, 12-13 (Parcel 6006), 12-13 (Parcel 6503), 14, 15 (Parcel 7500), 15 (Parcel 8000) and 16, Prospect Hills Addi- tion, Lots 1 thru 6, Block 1, Lots 1 and 2, Block 2, Lots 1 thru 6, Block 3, Prospect Hills 2nd Addition, Parcel 1520, Sec. 8. T. 116, 8. 21. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. Street from Antrim Road to Dublin Circle shall Lot 3, Block 1 and Lot 1, Block 2, Fjeldheim t7. 70TH STREET SIDEWALK APPROVED IN CONCEPT. Mr. Hyde advised Council that an informal hearing on sidewalks on both sides of PI. 70th Street from France Ave. S. to T.H. 100, in response to a petition signed by 198 members of Cornelia School P.T.A. requesting consideration of this and other safety improvements in the Cornelia School area. He explained that the entire cost of the improvement is proposed to be paid from Municipal State Aid funds and that there is not to be any assessment against abutting property. ME; .Hyde- explaiied that the. sidewalk is proposed-to be 5 feet wide and constructed of portland cement concrete and that preliminary planning indicates that there will be at least a 5 foot boule- vard between the curb and sidewalk in all cases. The alignment will be some- what varied to protect existing property features to the greatest extent possible. Mr. John Chapman, 4421 Dunberry Lane, was assured by Mr. Dunn that no work would be left for the property owner. A lady at 4724W. 70th Street was told by Mr. Dunn that Lannon stone retaining walls would be constructed wherever necessary. An unidentified gentleman questioned whether or not'underground cables could be installed. Power Company but explained that they are on a gradual program to install their lines under ground. He explained that it is proposed to transplant 27 trees from 1'' to 6'' and to replace 37 trees that are too-large to move. assured an unidentified gentleman in the audience that there are no plans to connect B. 70th Street to County Road 18. quested that the sidewalk be constructed on the South side only and requesting further that the project be held up until underground wires are available. Mr, Hyde said that no commitment had been made by Northern States He also Ectitions were submitted which re- 7/2/73 In addition to several unidentified members of the audience, persons speaking in opposition to the proposal were<Nessrs. Harold 11. Walton, 4208 11. 70th St., Larry M. Jordan, 4308 14. 70th Street, John..!Z...Chagman,g $421..Dunbersy Lane,, Curtis Cain, 6937 Cornelia Drive, D. W. Gendreau, 6908 Wooddale Ave., Dale D. Braddock, 7000 Bristol Blvd., Richard IJagenman, 4201 W. 70th Street, R. E. Smith, 6912 Creston Road, Hurray Laub, 6613 Cornelia Drive, and a gentleman living at 4220 57. 70th Street, llmes. Betty Veingartner, 3137 Glouchester Ave., J. A. Tok- heim, 4708 1.7. 70th St., Gerald S. Mayo, 4707 14. 70th Street, . Objectians-to traf;. fic coming-from Southdale and the need for additional traffic enforcement at France Ave. at $7. 70th Street were made by a lady who lived at 6933 Hillcrest Lane, Mrs. Richard Graves, 4720 W. 70th Street and an unidentified lady. Mrs. Alison Fuhr, 6609 Brittany Road, suggested sidewalks be constructed on the North side of 11. 70th Street only and the use of a blinker light during the times when children would be walking to school. Speaking in favor of the proposal were Elessrs. David Wood, 4420 Dunberry Lane, who is the head of the School Patrol, Roger Peterson, Cornelia School Prfhcipal, Donald Montgomery, representing the Corneli'a School P.T.A., an unidentified lady who lives at 4504 W. 70th Street, and Hmes. William Moulton, 4712 W. 70th Street and Donald Bagley, 4405 Claremore Drive. controls, the possibility of a pedestrian overpass at Cornelia Drive at B. 70th Street, the possibility of traffic signals or a 4-way stop sign at Cornelia Drive at 14. 70th Street. existed and that the suburban atmosphere would be destroyed. Chairman of the Bypedpa Committee, said that he opposes permitting bicycles and pedestrians to use the same path. Other suggestions included using the money for stop signals instead of the sidewalks, using the money for bussing children who live within one-half mile from the school, and the installation of "rumble strips" to slow down traffic. under study by the Village at the present time. He pointed out that an over abundance of traffic signs sometimes creates accident and that the problem of speeding traffic is not peculiar to this area. sidewalks were approved, he would recommend that the Village maintain snow removal. Villzigek+itorney Erickson said that the State Statute provides that if there is a/pae llr. Dunn added that curbs at intersections must now be dipped for use by those who are handicapped and that this would be apt to encourage bicycles. man Shaw pointed out that under the Statute, bicycles must yield the right of way to a pedestrian. nzn .Van Val enb r Hr. F7ood/$dko6!& ~~eoEng~n~er~le€~a~~~~ziop a feasible plan and that the matter come back to the Council to determine just khere'.the'.side#aIks are to2be placed before the plans and specifications and bid letting will be authorized. Mayor Bredesen said that no additional notices will be sent out but that we will ask the Edina Sun to keep residents advised of when the next meeting on the W. 70th Street sidewalk improvement will be considered. consider installation of a stop sign on the corner of Vooddale at 17. 70th Street. On rollcall there were four ayes and no nays and the motion was adopted. . Suggestions made by members of the audience suggested tighter traffic Residents said that very little pedestrian traffic Wr. Barry Stivers, Mayor Bredesen said that this possibility is Mayor Bredesen said that if the adjacent to a roadway,:*the bicycle shall use that usable path. Council- I Councilman Courtney's motion was then seconded by Council- groiing the conce t of sidewalks with the understanding that Mr. Shaw asked that Council '1 SOUTH EDINA PLAN APPROVAL CONTINUED TO JULY 16, 1973. Hr. Luce presented a graphic of the South Edina Plan which includes the area bounded by the South Village Limits, Xerxes Avenue, eahill Road, and 57. 70th Street as revised pur- suant to the D.31. J.H. (bankel, Mann, Johnson and Mendenhall) Study. Nr. Luce advised that the plan was developed to identify future uses of undeveloped pro- perty. Mr. Luce clarified that State Statukes require that the Plan will go back to the Planning Commission for Public Hearing, then to the Metropolitan Council and men back to Council for final approval, and explained the goals for the plan which would distribute evenly the trips per day for the area. Mr. Luce advised Nr. Courtney that indications are that traffic for the area can be handled and that the Village is working with Bloomington and Richfield using D.M.J.M. estimates in their determination. Mr. William Fink, representing Beatrice Sloan Trusts which own property in the area, asked that all properties in the area be treated alike and that the Sloan property be zoned as the property to the Vest. He suggested also that York Avenue and France Avenue be made he-may streets. Mr. John Hedberg of Hedberg & Sons, said that the value of his property was "frittered away" with the development of Yorktown and that the owners of the Mapco Sand & Gravel property also feel that they are suffering from trip genera- tion loss. Mr. Hedberg suggested that Parklawn Ave. be extended to York Avenue . and also suggested a series of looped bus routes to take people from within this area and along Interstate 494. He also said that he would hope that the Village would work closely with Bloomington and Richfield in transportation studues. Mayor Bredesen recalled that he was told that at the time Yorktown developmmt was anticipated, Mr. Hedberg had not cooperated in submitting the entire area for a plan. Mr. Hedberg said that Mr. Ablah had talked of buying hiS,property but that they had failed to reach an understanding, particularly in view of the fact 7/2/73 Q1 * rl w R h that Hedbergs still have gravel for mining and were not ready to sell. reference to Mr. Hedberg's reference to high taxes, Mr. Hyde said that it is the State tax system and the market sales of property immediately in the area that determines the valuation of the property. Mr. Donald Brauer which had been'presented to the Clerk. He asked that the record show that Mr. Brauer has been employed by the Sloan Trusts to assist them in this matter. Mrs. Alison Fuhr expressed concern about the 494/York Avenue solution. Mr. Dunn explained that 80th Street is being developed in Bloomington and that the 494 Task Force is again becoming active. He added that Hennepin County had objected to making France and York Avenues one way streets. In reply to Mrs. Fuhr's statement that it is necessary to get more transit routes in the area, Mr. Hyde that service already exists to Radisson South.from Southdale, express way runs have been extended during rush hours to 70th and Antrim and to Benton and Grove and added that there is a study presently being conducted on the possibility of the Uniflow System in the area. Mr. Hyde spoke of other possibilities for the transit system and advised that the League of Women Voters are presently making a study of transit needs. Mr. Dunn added that the bus goes out York Avenue as far as possible and replied to a question from the audience that York Avenue should be completed to Xerxes before winter. Following considerable discussio,n, Councilman Shawls motion was seconded by Councilman Courtney and carried continuing the South Edina Plan to July 16, 1973, as recommended by Mayor Bredesen. (Mayor Bredesen left the meeting at this point. In Mr. Fink referred to a letter from Councilman Van Valkenburg assumed the Chair.) ORDINANCE NO. 811-A35 GR$NTED CONCEPT APPROVAL AND FIRST READING. Mr. Luce recalled that the request.for zoning change from R-1 Residential District to PRD-3 Residential District by the Darrel A. Farr Development Corporation for Parcel 1400, Sec. 31, T. 117, R. 21 had been continued from June 18, 1973, so that Council could study the traffic study and site plans drawn up by the devel- oper. Northeast quadrant of the intersection of County Road 18 and the Crosstown Highway and is bounded by Fabri-Tek on the North, Fountain Wood Apartments on the East, G.G.C. Apartments to the South and Lincoln Drive to the West, and that the proposal is to be known as "Roushar Square in Edina". that the Planning Commission has recommended approval of the concept bases on the facts that 1) the.natura1 amenities of the site will be preserved; 2) the project conforms to the Western Edina Plan and 3) the project is designed with the site, and not necesgarily with the number of units, in mind.. Bfr. Loren Galpin, representing the developer, reviewed the high points covered by the booklet distributed to Council at the June 18, 1973, meeting, noting that this is a difficult site.and that the developer felt it better to be developed as Planned Residential , rather than Commercial Development. proposal calls for 11.1 condominium units per acre and that no variances will be required. In reply to a question of Mrs. Alison Fuhr as to the,success in the sale of condominiums.Mr. Luce said that they have recently had a phenominal rate of success. In reply to a question fromMr. Robert Kasbohm, 6147 Arctic Way, as to which governmental body will be in control over the number of lanes that could be constructed on Vernon Avenue, Roushar Road and Lincoln Drive, Mr. Dunn said that Vernon Avenue East of Gleason is a County road and that West of Gleason , North to Fabri-Tek, it is still a County facili'ty. He added that the figure that is generally used as a rule of thumb as far as changing from two fluid lanes to four fluid lanes is 7,500 average daily trips. the County should take it upon itself to make that kind of a proposal for Vernon Avenue or Lincoln Drive, the matter would have to be done with Village approval inasmuch as the County would undoubtedly expect the Village to pay for special assessments which would be involved. average trips per day would be for both directions. Discussion ensued as to traffic projections for the area with Mr. Kasbohm and Mr. Marshall Pieczentkowski (President of the Viking Hills Homeowners' Association) *contending that it is unlikely that traffic will remain under 7,500 trips per day inasmuch as there are, already l,500 trips per day on Vernon Avenue between Polar Circle and Gleason Road. Mr. Dunn and.Mr. Jack Anderson, Traffic Engineer and consultant speaking on behalf of the developer, explained that traffic would be appropri- ately split in different directions and that the criteria has not been met for a four-lane street. Mrs. Charles Donnelly, 5205 Lochloy Driye, questioned the sources of Mr. Anderson's survey. Mr. Kasbohm contended that traffic patterns should be anticipated for the fully developed area and not be individual plats or projects. Mr. Kasbohm was reminded that commercial zoning is not permitted in the Western Edina Plan and that a public hearing would be necessary to amend the plan. Mr. Luce clarified that if the area is fully developed under present requests, the average daily one-way traffic would be 3,900 vehicles or 7,800 trips per day for two way traffic. Mr. Dunn concurred that his estimte of traffic in the area was almost identical to Mr. Luce's estimate. He recalled that this parcel of land is located generally in the Mr. Luce advised He said that the He said that 'if Nr. Dunn explained that the total of 7,500 I i'\ * I 1 b2- 7/2/73 1 Mr. Kasbohm ask d that these figures be incorporated in the minutes. Counc lman Courtney then moved that the project be granted concept approval and offered Ordinance No. 811-A35 for First Reading as follows: ORDINANCE NO. 811-A35 AN ORDINANCE ANENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO TJ3E PLANNED RESIDENTIAL DISTRICT (PRD-3) Paragraph 4 of Section 5 of Ordinance No. 811 of the Village is TFIE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: enlarged by adding the following thereto: enlarged by the addition of the following property:' -_. described as beginning at a point on the West line of said Section 1589.04 Section 1. "The extent of the Planned Residential District (Sub-District PRD-3) is That part of the Southwest Quarter of Section 31, Township 117, Range 21, feet North of the Southwest corner of said Southwest Quarter; thence East to a point 1629.21 feet North of the South line of said section as measured along a line drawn parallel to the East line of said Southwest Quarter of Section 31 from a point on the North line-of said Southwest Quarter 990 feet West of the Northeast corner of said Southwest Quarter; thence South along said paral- lel line 543.07 feet; thence West to a point on the West line of said South- west Quarter distant 1059.36 feet North of the Southwest corner of said South- west Quarter; thence North along said West line 529.68 feet to the point of beginning; except that part of the above described tract lying Westerly of a line parallel with and 40 feet Easterly of the following described line: Commencing at the closing corner for the Northwest corner of Section 6, Town- ship. 116,. Range 21; thence South 87 degrees 24 minutes and 02'seconds East (assuming the West line of the Northwest Quarter of said Section 6 as bearing North 4 degrees, 19 minutes and 05 seconds Nest) a distance of 693.43 feet; thence North 46 degrees, 21 minutes and 27 seconds Vest a distance of 854.85 feet to the actual point of beginning of the line to be described; thence North 21 degrees, 55 minutes and 42 seconds West a distance of 617.2 feet; thence along a tangential curve to the right with a radius of 1819.86 feet and a central angle of 16 degrees, 16 minutes and 40 seconds, a distance of 517.02 feet; thence Northerly tangent to the above described curve, a distance of 200 feet and there terminating, according to the Government Survey thereof, which is in subdistrict PRD-3." This ordinance' shall be in full force and effect upon its Sec. 2. passage and publication. Motion xias seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the motion carried. Mayor Pro Tem Van Vallcenburg clarified that the project would go back to the Planning Commission and to the Environ- mental Quality Commission (if they consider it appropriate) before coming back to Council for Second Reading. ORDINANCE NO. 811-A36 GRANTED FIRST'READING. by Clerk, approved as to form and ordered placed on file. the request for R-2 Multiple Residence District zoning by Mr. Carl Hansen for property located at the North end of Malibu Drive, noting that it confofms with the Hestern Edina Plan and with other Malibu Drive zonings. heard, Councilman Shaw offered the following ordinance for First Reading: Affidavits of Notice Were presented Mr. Luce presented the No objections being ORDINANCE NO. 81l.-A36 AN ORDINANCE ANENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS: Section 1. "The extent of the Nultiple Residence District is enlarged by the addition That part of the Vest 210 feet of the East 400.1 feet of the West 1/2 of the Southwest 1/4 of Section 30, Township 117, Range 21, lying North of Parkwood Hnolls 15th Addition, which is in sub-district R-2." Sec. 2. Paragraph 1 of Section 4 of Ordinance-No. 811 of th& Village is . amended by adding the following thereto: of the following properties: ' This ordinance shall be in full force and effect upon its pass- age and publication. ORDINANCE NO. 811-A37 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. sented the request for rezoning as instigated by the Village for ChEiipge from C-4 to C-3 zoning for property formerly occupied by Arthur's Restaurant at 3101T.T. 66th Street. No objections being heard, Councilman Shaw offere'd the. following ordinance for First Reading : Affidavits of Notice were pre- Mr. Luce pre- ORDINANCE NO. 811-A37 AN ORDINANCE AMENDIhG THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE C-3 COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: 7/2/73 Section 1. "The extent of the Commercial District is enlarged by the addition of Tract B, Registered Land Survey No. 269, which is in subdistrict C-3.'* Sec. 2. Paragraph 3 of Section 9 of Ordinance No. 811 of the Village is amended by adding the following thereto: the following properties : This ordinance shall be in full force and effect upon its passage and publication. . ORDINANCE NO. 811-A38 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. presented the request for change from 0-1 Office Building District to C-1 Commercial District for property located at 7001 Cahill Road as instigated by the Village. ordinance for First Reading: Affidavits of Notice were pre- Mr. Luce No objections being heard, Councilman Shaw offered the following ORDINANCE NO. 811-A38 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE C-1 COMMERCIAL DISTRICT THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Commercial District is enlarged by the addition of All that part of the North 231 feet of the West 330 feet of part of the N.E. 1/4 of'the N.E. 1/4 of Sec. 8, Township 116, Range 21, lying Southerly of County Road 28, except the East 160 feet thereof; also, the North 88.7 feet of Lot 1, except the East 160 feet thereof, Block 2, Amundson Terrace, which is in Subdistrict C-l.'c Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. Paragraph 3 of Section 9 of Ordinance No. 811 of the Village is amended by adding the following thereto: the following properties : ORDINANCI?, NO. 811-A39 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Luce pre- sented Ordinance No. 811-A39 for First Reading as recommended by the Planning Commission. No objections being heard, Councilman Shaw offered the following ordinance for First Reading: Affidavits of Notice were pre- ORDINANCE NO. 811-A39' AN 0F.DINANCE AElENDING THE ZONING ORDINANCE (NO. 811) TO CHANGE THE PRINCIPAL USES ALLOWED IN THE COMMERCIAL DISTRICT AND' REQUIRING OFF- STREET PAFXING BY ADDING HANDBALL COURTS AS A PRINCZPAD USE IN DISTRICT C-1 I THE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS: Subparagraph (a) of Para- graph 4 of Section 9 (Commercial District of Ordinance 811 is hereby amended by Section 1. Handball Courts as a Pzincipag Use. adding thereto as a principal use in District C-1 the following: "(23) Handball Courts .tn Sec. 2. Off-street Parking for Handball Courts. Park (c) of Subparagraph .B, of Paragraph 9 of Section '9 (Commercial District) of Ordinance 811 is hereby amended by adding to the off-street parking exceptions as follows: @'( 12) Handball Courts : 6 spaces for each Handball Court .I* Sec. 3. and publication. This ordinance shall be in full force and effect upon its passage PARWOOD KNOLLS 18TH ADDITION GRANTED PmLIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Parkwood Knolls 18th Addition for preliminary approval with the understanding that the parkland dedication be combined with the floating land dedication from Parkwood Knolls 17th Addition. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PANWOOD KNOLLS 18TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Parkwood Knolls 18th Additiontt, platted by Carl 14. Hansen, and presented to the Edina Village Council at its meeting of July 2, 1973, be and is hereby granted preliminary approval, with the understanding that parkland dedication be combined with the floating land dedication from Parkwood Knolls 17th Addition. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. DORON LANE, LIMERICK LANE AND LIIERICK DRIVE STPSET NAME CHANGES GRANTED FIRST READING. ordered placed on file. and subsequent address changes for the following street name changes: Affidavits of Notice we;e presented by Clerk, approved as to form and Nr. Luce explained the petition for street name changes 7/2/73 1. $7. 64th Street to "Doron Lane" 2. TJ. 64th Street to "Limerick Lane" 3. Limerick Lane to "Limerick Driye" Hr. Luce clarified that in preparing the !'NoEic$ 6f. Eub-li-c discovered that on October 2, 1967, Limerick Drive between Southwesterly extension of the Northwesterly property line Hearing", it was Valley Lane and the of Lot 19, Block 2, Edina Valley Estates 2nd Addition, had been inadvertently changed from "Limerick Drive" to "Limerick Lane" and that so far as this street name change is concerned, there will be effect on any existinn Limerick Drive addresses. Mrs. Arlen Carroll, 5412 GI. 64th Street, explained that-confusion has occurred as to people who were unable to locate .addresses in the area. 5404 V. 64th Street, had objected to the change. heard, Councilman Shaw offered Street Name Change Ordinance No. 6 for First Reading as follows : Mr. Hyde said that Mr. Joseph Natole, No further discussion being STREET NAME CHAFGE ORDINANCE 6 THE VILLAGE COUNCIL OF'THE VILLAGE OF EDINA, MIN$ESOTA, ORDAINS: Section 1.. W. 64th Street from Valley View Road to the Southwesterly extension of the East property line of Lot 3, Block 2, Edina Valley.Estates 2nd Addition is hereby renamed "Doron Lane". . Sec. 2. perty line of Lot 11, Block 2, Edina Valley Estaties 2nd Addition'to the South- westerly extension of the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition is hereby renamed ItLimeric1c Lane". the Northwesterly property line of Lot 19, Block 2, Edina Valley Estates 2nd Addition is, hereby renamed "Limerick Drive". .This ordinance shall be in full force and effect on September 1, 1973. GABBERT & BECK, INC. OBJECTIONS TO BUILDING INSPECTIONS DELAYS NOTED. Council's attention was called to a letter from Gabbert & Becg, Inc!, compxaining that: they have .had delays in getting plans processed for/building permit. said stheir plans had not been quite complete and that had been the reason for the delay in this case, but added that he will authorize some overtime pay so that the Building Inspections Department can get caught up. HOSNER ABROl7N APPEAL TO BUILDING CONSTRUCTION APPEALS BOARD NOTED. called Council's attention to a letter from Mr. Hosmer A. Brown appealing to the Council and to the Building Construction Appeals Board for a review of a decision of May 31, 1973, by the Fire Inspector pertaining to 3946-48 8. 50th St. As requested by Mr. Brown, the 'natter was was referred to the Building Construction Appeals Board. EDINA BUILDING, 1NC.VIOLATION CITED BY NINE MILE CREEK I;IATERSHED DISTRICT. Council was advised of a letter from Nine Mile Creek Uatershed District stating that at its last meeting of the Board of Managers, the attorney-was authorized to initiate legal action to secure removal of'fill materials from the flood i plain areas of Nine Mile Creek and requesting that no development authority or approvals be given to authorize construction upon Lot 1, Block 1, Gleason's Third Addition, until a suitatjle grading plan has been submitted which will pro- perly protect the flood plain and lands adjacent to Nine Mile-Creek. was taken. W, 64th Street from the Southeasterly extension of the West pro- Sec, 3. Limerick Lane from Valley Lane to'the Southwesterly extension of Sec, 4. Mr. Hyde Mr. Hyde No action TNIN CITY BED BARNS, INC., LANDSCAPING AND REMODELING PROPOSED. Mr, Hyde called Council's attention to a letter from Mr. Roberg G. Lafferty of Twin City Red Barns , Inc., proposing a plan for landscaping and remodeling 'at the Red Barn Restaurant located at 5020 France Ave. S. Mr. Luce will review the plans. J.G?AHL-HILL ZONIHG HEARING SET FOR JULY 16, 1973. ting July 16, 1973, for hearing date for rezoning of Krahl Hill from R-1 Resi- 'dential District to PRD-3 Residential District was seconded by Councilman Courtney and carried. Hills Homeowners Association, was assured by Countil that the plan to be consid- ered at the hearing was the plan granted conceprc' approval by the Planning Com- mission on January 3, 1973, and granted its first delay by the,Council on Febru- ary 5, 1973, and that no new presentation would be heard at this time. Council said that they could not promise that there would be no delay to another meeeing. Councilman Shaw's motion set- Elr . Marshall Pieczentkowslci, President of the Viking FOTOMAT BOARD OF APPEALS DECISION APPEAL TO COUNCIL SET FOR AUGUST 6, 1973. recommended by Elr. Erickson, August 6, 1973, was set for hearing date for the Fotomat appeal of the Board of Appeals decision by motion of Councilman Shaw, seconded by Councilman Courtney and carried. As I I i I *. .I 7/2/73 HEARING DATES SET FOR VARIOUS ZONING PIATTERS. Councilman C0urtneyI.s .motion was seconded by Councilman Shaw and carried, set- ting July 16, 1973 for the following hearings on zoning matters: 1. Zoning Ordinance Amendment on C-1 Commercial District Uses. 2. Relocation Realty - R-1 Residential District to PRD-2 Planned Resi- dential District zoning for property located generally East of Braemar Park and South of Gleason Road. Preliminary Plat Approval of Roushar Square As recommended by Eir. Luce , 3. LOT 3, WHITE OAKS 7TH ADDITION LOT DIVISION APPROVED. Luce, who said that the proposed lot division would not make an additional buildable lot , Councilman Courtney offered the following resolution and moved its adoption: As recommended by Mr. RE SOLUTION WHEREAS , the following described tracts of land are now separate parcels : Lot 3, I4hite Oaks 7th Addition and Lot 1, White Oaks 6th Addition; and PIHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described net7 and separate parcels (herein called "Parcels") : Lot 1, White Oaks 6th Addition and that part:of Lot 3, White Oaks 7th Addktion described as follows: Beginning at the Southwest corner of said Lot.3; thence Easterly along the South line of said Lot 3 a distance of 35.00 feet; thence Vesterly to a point on the Westerly line of said Lot 3 distant 11.87 feet Northerly from said Southwest corner; thence Southerly along said Westerly line to the point of beginning; and Lot 3, klhite Oaks 7th Addition except that part described as follows: Beginning at the Southwest corner of said Lot 3; thence Easterly along the'South line of said Lot 3 a distance of 35.00 feet; thence Tqesterly to a point on the Westerly line of said Lot 3 distant 11.87 feet .Northerly from said Southwest comer; thence Southerly along said Vesterly line to the point of beginning; and tl.IHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hard- ship and said'parcels as separate tracts of land do not interfere with the pur- poses of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 801 and 811; NOW, TJZREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of sgid'Parcels as separate tracts of land is hereby approved and the requirements 'and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and convey- ance thereof as separate tracts of land but are not waived for any other pur-. pose or as to any other provision thereof, and subject, however, to the pro- vision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Notion for adoption of.the resqlution was seconded by Councilman rollcall there were three ayes and no nays and the resolution was adopted. Shaw and on HEARING DATES SET FOR VARIOUS IMPROVEMENTS. As recommended by Mr. Dunn, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION'PROVIDING FOR PUBLIC HEARING ON GRADING, GUVELING , PERMANENT STPXET SURFACING AND BRIDGE IMPROVEMENT NO. P-BR-4, STORM SEWER IMPROVEMENT NO. P- ST. S . - 135 WATER MAIN IMPROVEMENT NO. P-f.lI-1-285 , 1. as to the feasibility of the proposed improvements in the form of Noticesof Hear- ing 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 16, 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. 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 form: (Official Publication) VILLAGE OF EDINA IBNNEPIN COUNTY , MINNESOTA NOTICE OF PUBL1C"HEARINGS The Village Engineer, having submitted to the Council a preliminary report The Clerk is hereby authorized and directed to cause notice of the time, I GWING, GRAVELING, PERMANENT STREET SURFACIhG AND BRIDGE IMPROVEMENT NO. P-BR-4 7/2/73 WATER MAIN IMPROVEMENT NO. P-IJM-285 STORM SEWER IMPROVEMENT NO. P- ST. S . - 135 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall' on Nonday, July 16, 1973, aiz 7 :00 p.m., to consider the following proposed improvements' to. be cons- tructed under the authority granted by Ninnesota Statutes, Chapter 429. approximate cost of said improvements are estimated by the Village as set forth The below : 1. CONSTRUCTION OF GRADING, GRAVELING, PERMANENT STREET a, SURFACING AND BRIDGE .IN THE FOLLOWING: A. IMPROVEMENT NO. P-BR-4 'Nine Mile Creek from Walnut Drive to Londonderry Road 2. CQNSTRUCTION OF VILLAGE WATER EiAIN AND APPURTENANCES IN THE FOLLOt7ING : A. IMPROVEMENT NO. P-T*7M- 2 85 West Frontage Road of Highway 100 from Westerly extension of Hibiscus Avenue- North to West 70th St. 3. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING : A. IMPROVENENT NO. P-ST . S . - 135 Easement line between Lots 12 and 9, Block 2, Bert- elsen Addition and Tract G, R.L.S. #1129 from West 76th Street North 250'; thence West 50'; thence North 260." ESTINATED COST $76,179.08 $57,358.07 $11,993.69 The area proposed to be assessed for the cost of the proposed Grading, Graveling, Permanent Street Surfacing and Bridge (Improvement No. P-BR-4) under 1-A above includes Lot 1, Block 1, Lots 1 thru 4 incl., Block 2, Lots 1 th& 7 incl., Block 3, Lots 1 thru 9 incl., Block 4, Lots 1 thru 13 incl., Block 5, Lots 2 and 3, Block 6, Parlcwood Knolls Addition; Lots 1 thru 9 incl., Block 1, Lots 1 thru 6 incl., Block 2, Parcel 8000 and Parcel 8500, Parkwood Knolls 2nd Addition; Lots 1 thru 8 incl., Block 1, Lots 1 thru 8 incl., Bloclc 2, Parkwood Knolls 3rd Addition; Lots 1 thru 9 incl., Block 1, Lots 1 thru 9 incl., Block 2, Lot A (Parcel 9520), Parkwood Knolls 4th Addition; lots 1 thru 14 incl.., Block 1, Lots 1 thru 5 incl., Bloclc 2, Lots 1 and 2, Block 3, Parlcwood Knolls 5th Addition; Lots 1 thru 9 incl., Block 1, Parkwood Knolls Gth Addition; Lots 1 thru 9 incl., Block 1, Lots 1 thru 9 incl., Block 2, Parkwood Knolls 7th Addition; Lots 1 thru 17 incl., Block 1, and Tract B, R.L.S. f1286, Lots 1 thru 9 incl., Block 2, and Outlot 1, Parkwood Knolls 8th Addition; Lot 1, Block 1, Outlots 1, 2, 3 and 4, Parkmod Knolls 9th Addition; Lot 1, Bloclc 1, Parkwood Knolls 10th Addition; Lots 1 thru 4 incl., Bloclc 1, Lots 1 thru G incl., Block 2, Lots I thru 8 incl., Block 3, Lots 1 thru 8 incl., Block 4, Outlot 2, Parkwood Knolls 11th Addition; Lots 1 thru 6 incl., Block 1 and Outlot 1, Parkwood.Knolls 12th ' Addition; Lots 1 thru 12 incl., Block 1, Lots 1 thru 12 incl., Block 2, Lots 1 thru 10 incl., Block 3, Lots 1 thru 5 incl., Block 4, Lot 1, Block 5, Outlots 1 and 2, Parlmood Knolls 13th Addition; Lot 1, Block 1, Lots 1 thru 7 incl., Block 2, Lot 1,Block 3, Parkwood Knolls 14th Addition; Lots 1 thru 10 incl., Block 1, Lot 1, Block 2, Lots 1 thru 8 incl., Block 3, Lots 1 and 2, Block 4, Outlot 1, Parkwood Knolls 15th Addition; Lots 1 thru 13 incl., Block 1, Lots 1 thru 5 incl., Block 2, Lots 1 thru 4 incl., Block 3, Outlot A, Parlcwood Knolls 16th Addition; Lots 1 thru G incl,, Block 1, Lots 1 thru.12 incl., Block 2, Lots 1 thru 9 incl., Bloclc 3, Lots 1 thru 9 incl., Block 4, Parkwood Knolls 17th Addition; Lots 1 thru 13 incl., Walnut Ridge Addition; Lots 1 thru 6 incl., Block 1, Lots 1 thru 6 incl., Block 2, Lots 1 thru 12 incl., Block 3, Walnut Ridge 1st Addition; Lots 1 thru 8 incl., Block 1, Lots 1 thru 6 incl., Block 2, Outlots A, B and- C, Flalnut Ridge 3rd Addition; Lots 1 thru 10 incl,, Block 1, Viking Hills Addition; Lots 1 thru 4 incl., Block 1, Lots 1 thru 12 incl., Block 2, Lots 1 thru 8 incl., Block 3, Outlot A, Viking Hills 2nd Addition; Lots 1 thru 8 incl., Block 1, Lots 1 thru 13 . incl., Block 2, Viking Hills 3rd Addition; Lots 1 and 5 Block 1, Gleason 1st Addition; Lots 1 thru 5 incl., Block 1, Lots 1 thru 8 incl., Block 2, Lots 1 thru 4 incl., Block 3, Lots 1 thru 11 incl., Bloclc 4, Outlot 1, Gleason 2nd Addition; Lots 1 thru 5 incl., Block 1, Outlot A, Gleason 3rd Addition; Parcels 2760, 2240 and 2230, Sec. 31, T. 117, R. 21; Lots 1 thru 6 incl., Block 1, Lots 1 thru 6 incl. , Block 2, Iialibu Heights Addition. The area proposed to be assessed for the cost of the proposed Water Nain (Imp- rovement No. P-FJH-285) under 2-A above includes Parcels 1620, 2625 and 3505, Sec. 9, T. 116, R. 21; Outlot A, Edina Interchange Center 3rd Addition. The area proposed to be assessed for the cost of the proposed Storm Sewer (Inp~ovement No. P-ST.S.-135) under 3-A above includes all lots and tracts of land within the following described boundaries: of Tract A, Registered Land Survey No. 1270; thence Easterly along the South line . of said Tract A, a distance of 150 feet; thence Northeasterly to a point 30 feet North of the South line and 235 feet East of the West line of said Tract A; thence Northeasterly to a point 110 feet North of the South line and 295 feet I Beginning at the Southwest comer F 7/2/73 I 157 East of the Best line of said Tract A; thence Northwesterly to a point 155 feet North of the South line and 60 feet East of the lilest line of said Tract A; thence Northwesterly to a point on the West line of said Tract A, which point is 184 feet North of the Southwest corner of said Tract A; thence Southwesterly to a point in Lot 8, Block 2, Bertelsen.Addition, which point is 105 feet Best of the East line of said Lot 8 and 613 feet North of the centerline of West 76th Street; thence South,. parallel with the East line of said Lot 8, a distance of 16 feet; thence deflecting to the left at an angle of 90°, a distance of 23 feet; thence South, parallel with the East line of said Lot 8 and its extension, a distance of 210 feet; thence deflecting to the right at an angle of 90°, a distance of 23 feet; ' thence Southerly, parallel with the said East lim of Lot 8, a distance of 16 feet; thence Southeasterly to a point in Lot 9, Block 2, Bertelsen Addition, which point is 27 feet Nest of the East line and 64 feet North of the South line,of said Lot 9, thence Northeasterly to a point on the Westerly extension of the South line of Tract A, R.L.S. NO. 1270, which point is 5 feet West of the Southwest corner of said Tract A; thence East to the point of beginning. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. T.H. 100 - W. 77TH STREET INTERCHANGE AGREENENT APPROVED. Upon being advised by Mr. Hyde that the State Highway Department does not need the funds that the Village had agreed to loan it for the T.H. 100 L I*{. 77th Street interchange, Councilman Courtney offered the following resolution and moved its adoption: RE SOLUTION BE IT RESOLVED that the Village enger into an agreement with the State of Minnesota, Department of Highways for the following purposes , to-wit : to sup- plement Agreement No. 56349-M dated December 30, 1969, between the Village of Edina and the State of Minnesota and render said Agreement No. 5634941 null and void; and BE IT FURTHER RESOLVED that the Mayor and Village Manager be and they hereby are authorized to execute such agreement. (Supplement No. 1' to Agreement No. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. 56 349 -M) HUMAN RELATIONS COMMISSION APPOINTMENTS were continued by motion'of Councilman ' Shaw, seconded by Councilman Courtney and carried. GRIMES HOUSE DESIGNATION AS HISTORICAL SITE DISCUSSED. Mr. Foster 11. Dunwiddie, representing the Edina Historical Society, made a presentation requesting the assistance of Council to designate the Grimes House located at 4200 W. 44th Street as an historic landmark. Following considerable discussion Councilman Shawls motion was seconded by Councilman Courtney and carried, referring the proposal to the Village Attorney for his recommendations as to the preservation of the building. PORTION OF 17. 60TH STREET VACATION CONTINUED. As recommended by Elr. Dunn, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION WHEREAS, on June 4, 1973, the Edina Village Council did resolve as follows: S.JHI&EAG, two weeks'-published, postei and mailed notice of a hearing to be held on May 7, 1973, at 7:OO p.m. on the proposed street vacation here- inafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of R. 60th Street, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minmsota, 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 West 60th Street lying West of Walnut Drive and East of Walnut Ridge 3rd Addition; NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE AFOREMENTIONED RESOLUTION now be amended so that the date of the vacation of 11. 60th Street above described will become effective on Jul9 6, 1973, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council ; NOW, THEREFORE, BE IT RESOLVED that the resolution adopted on June 4, 1973, be amended so that the date of the vacation oflil. 60th Street above described will 7/2/73 become effective on August -6, 1973, unless on or before said date this resolu- tion is further amended, annulled or rescinded by the Village Council. 'Efotion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. PUBLIC EMPLOYEE RELATIONS BOARD DECISION REFERRED TO VILLAGE ATTORNEY. advised Council that findings have been received from the Public Employee Rela- tions Board declaring that Fire Lieutenants are not supervisory employees. recommended by Hr. Hyde, Councilman Shawls motion was seconded by Councilman Courtney and carried referring the matter to the Village Attorney to investigate as to the possibility of an appeal of this decision. LOCAL 49 OPERATING EHGINEERS' VACATION REQUEST CONSIDERED. 'Elr. Hyde advised Council that Local 49 Operating Engineers have requested that vacations be upgraded to four weeks after fifteen years. Councilman Courtney's motion that the request be given serious consideration for 1974 and that 'a-lsuwey be made of business practices as far as vacations are concerned was seconded by Councilman Shaw and carried. Mr. Hyde As B As recommended by Mr. Hyde, SENIOR POLICE RESERVE DISCUSSED. proposed-that, in order to have available when needed, the experience of present Police Officers who retire at age 55 or older, that:. the Village establish a Senior Police Reserve which would be open to all Edina Police officers presently over the age of 35, upon their retirement. ing and duties of the officers and asked that Council consider this proposal for further discussion at the July 16, 1973 Council Meeting. taken . Mr. Hyde advised Council that Local 320 has lfr. Hyde reviewed the proposed train- No formal action was .. .- . . .. ~ -. NEU ELECTION LAWS AND CITY CODE DISCUSSED. Council was advised that far-reach- ing election laws have been enacted by the Legislature. the new City Code, in addition to including statutory cities under the provis- ions of the former Village Code, provides that all villages will become stat- utory cities by legal definition; however, the code is drafted in such a way that villages may retain that-term for all purposes except in the application of the basic law. The code becomes effective on January 1, 1974. The Clerk was instructed to send information on the new City Code to the Governmental Commis- sion. ORDINANCE NO. 311-A3 ADOPTED ON SECOND READING. Councilman Courtney offered Ordinance No. 311-A3 for Second Reading and moved its adoption as follows: It was pointed out that ORDINANCE NO. 311-A3 AN ORDINANCE AMENDING ORDINANCE NO. 311 . PROVIDIKG FOR THE CONFINEMENT OR DESTRUCTION OF CERTAIN ANIMALS: DECLARING CERTAIN ANIMALS TO BE A NUISANCE: IEPOUNDING OF ANIMALS TO DETERMINE IF RABID: AND PRESCRIBIIG A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. the following : "Domestic animal" includes any of various animals domesticated by man so as to live and breed in a tame condition. Section 2. as follows: Section 1 of Ordinanoe No. 311 is hereby amended by adding thereto Section 16 of Ordinance No. 311 is hereby amended to read "Sec. 16. Confinement or Destruction of Certain Animals: Declaring Certain Animals to be a Public Nuisance: Impounding of Animals to Determine if Rabid. (a) (b) Animals in heat shall be kept confined in an enclosure which prevents Animals including but not limited to dogs and cats of a fierce, their escape or the.entry therein of other animals. dangerous 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 ham persons, which prevents its escape and which prevents access to the animal from the outside by persons other than its owner or those having control of it. 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 public and the animal. I (c) Any animal or reptile which in its uncaptured, wild state has the The Village shall inspect the facilities 7/2/73 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. provided, or confined in an unapproved enclosure, shall be 'deemed a public nuisance and the Village shall proceed to abate said public nuisance by all lawful remedies, including impoundment and destruction, without compensation to the owner. applicable State and Federal laws shall apply to the abatement: of the nuisance. Animals including but not limited to dogs which habitually threaten, worry, chase or'attack pedestrians, bicyclists or other persons on public property or private property other than property owned by the owner of said anima1"or which chase motor vehicles traveling on the public streets shall be deemed a publ'ic nuisance. 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. Animals including but not limited to dogs and cats 'which have been 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. (g) Animals described in paragraphs (a), (b), (c), (e) and (5) found running at large shall be taken up by the police officers or Animal Control Officer of the Village and impounded in the manner described in this ordinance. Animals described in paragraphs (b), (d) and (e) found running 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 be impounded without serious risk to persons attempting to impound it. ' Any animal that has bitten a person shall be taken up and impounded 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- does 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 with reasonable effort it cannot first be taken up and impounded. If such an animal is impounded, it shall not be destroyed if the owner makes pro- vision for a suitable quarantine for a period of not less than six months, or proof 0.f immunizatdon is furnished and booster 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, the'dates theacts occurred, the name and address of the person owning or harboring the animal and the name and address of the complainant. The Animal Control Officer shall then promptly sign a complaint on behalf of the Village before the Judge of Municipal 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 why such animal should not be killed by the Animal Control Officer or otherwise disposed of or confined as provided by this ordinance. Such summons shall be returnable not 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. Upon such hearing and finding the facts true as complained of, the Court shall find the animal a public nuisance and order said animal killed, removed from the Village, or confined as required by this ordinance. The Court, in its order may further provide 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 officer may impound and destroy any animal described in such order of the Court. The provisions of this subsection are in addition to and supple- mental to other penalty provisions of this ordinance." Section 3. follows : "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 punishable by imprisonment for not more than 90 days, or by a fine of not more than $300, together with the costs of prosecution in either case.PE upon its passage and publication. Wild animals and reptiles, which are not confined as herein In the event that such wild animal or reptile is a protected species, (d) (e) (f) ' ' (h) .' vided the owner shall first pay for the cost of keeping it. If the owner (i) Any person may send or deliver to the Village Animal Control Section 26 of Ordinance No. 311 is hereby amended to read as Section 4. This ordinance shall be in full force and effect immediately f6:'o- 7/2/73 Motion for adoption of the ordinance was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the ordinance was adopted. ATTEST: Mayor Pro Tem 9L is- %luuLA/ Village Clerk BIDS TO BE TAKEN FOR VARLOUS INPROVEMENTS.' As recommended by &lr. Dunn, Council- man Shaw offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS EOR PROPOSED IBIPROVEBENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR GRADING, PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND STORM SEWER IMPROVEMENT NO. BA-195; PERMANENT STREET SURFACIhU; AXD CONCRETE CURB AND GUTTER . IMP&OVEMENT NO. BA- 196, GRADING, PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND STORM SEWER IIPROVEMENT C-113, STOBI SEfJER IMPROVEIIENT NO. ST. S . - 117 , PERMANENT STREET SURFACING I3lPROVENENT NO. BA-197, . REPAIR, CLEANING, SCALING, INSPECTING, -___I ~ _-_._.. PAINTIhZ AND STERILTZATION OF WATER TANKS BE IT RESOLVEDIBY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 3, +3%1Qo1&@ Ad%Y&kiied foY2 Bids: domsj hw%Wfoke $rep&@&- zin&ez-and.now on file in the office of the Village Clerk are hereby approved. 2. Bulletin the following notice for bids for improvements: The prahs; and I:s$eel-ficat.ibnS *ok -khe:$roposkd htpmi&men.ts 1 k&t$Zar.t&: iprhe thEt-:VtUageTEng- The Clerk shall cause to be published in the Edina Sun and Construction (Official Publication). VILLAGE OF EDINA HENNEPIN COUNTY, IIINNESOTA ADVERTISEMENT FOR BIDS GRADING, PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER FOR STORM SEWER IMPROVEMENT NO. BA-195, PERMANENT STREET .SURFACING AND CONCRETE CURB AND GUTTER IIPROVEMENT NO. BA- 196 CONCRETE CURB AND GUTTER AND STORM SEVER IMPROVEMENT C-113, STOBI SEWER IEPROVEMENT NO. ST. S . - 117 PEIXHANENT STREET SURFACING IMPROVEMENT NO. BA- 197 ? BIDS CLOSE AUGUST 3, 1973 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 If. 50th St., at 11:OO a.m., Friday, August 3, 1973, and the Edina Village Council will meqt at 7:OO p.m., Nonday, August 6, 1973, to consider said bids €or the construction of Grading, Permanent Street Surfacing, Concrete Curb 'and Gutter and Storm Severs. major items: The following are approximate quantities of IMPROVEIIENT NO. BA- 195 GRADIhU;, PERMANENT STREET SURFACING, CONCNTE CURB AND GUTTER AND STORM SEWER 6,175 7,459 Tons, Bituminous Street Surfacing 11,325 L/F B6-18, B6-24, BR9-24 Concrete Curb and Gutter S/F, 4" and 6" Concrete Sidewalk 105 L/F, 154l' Span RCP Arch and 2 End Sections 442 L/F, 48", 15Rr, 12Kc RCP Storm Sewer and Appurtenances 9,300 C/Y, Excavation 6,000 S/Y, Cultured Sod IIIPROVEEIENT NO. BA- 196 PERMANENT STREET SURFACING, AND CONCRETE CURB AND GUTTER 1,575 2,360 1,700 S/Y, Cultured Sod L/F, B6-18 Concrete Curb and Gutter S/Y, 2r' Thick Bituminous Paving IIIPROVEMENT NO. C- 113 GRADING, PERIIANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND STORM SEZlER 550 2,040 935 3,000 S/Y, Cultured Sod 230 L/F 24Er, 15tE, 12*' RCP Storm Sewer and Appurtenances . L/F, Concrete Curb and Gutter S/F, 4" and 6'1 Concrete Sidewalk S/F, 2': Thick Bituminous Surfacing 7/2/73 h IMPROVEMENT NO. ST. S . - 117 STORM SEPIER 1,578 L/F, 27", 21tP, 18gp, 15L', 12tt RCP Storm Sewer and Appurtenances INPROVEEENT NO. BA- 19 7 PERMANENT STREET SURFACING 4,700 C/Y, Excavation 1,170 Tons, Class 5 Gravel 8,000 S/Y, Cultured Sod 21,580 S/Y, 2'' Thick Bituminous Surfacing Vork must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. No bids will be considered The Council reserves the right to reject any or all Florence B. Hallberg Village Clerk (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY , MINNESOTA ADVERTISEMENT FOR BIDS REPAIR, CLEANING , SCALING, INSPECTING , PAINTING AND STERILIZATION OF '3ATER TANKS CONTRACT ij73-3 BIDS CLOSE AUGUST 3, 1973 SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 17. 50th St., at 11:OO a.m., Friday, August 3, 1973, and th'e Edina Village Council will meet at 7:OO p.m., Monday, August 6, 1973, to consider said bids for the Repair, Cleaning, Scaling, Inspecting, Painting --- and Sterilization of Water Tanks. REPAIR, CLEANING, SCALING, INSPECTING, PAINTING AND STERILIZATION OF THE FOLLOIlING TANKS : 1. Vater Spheroid Tank (500,000 Gallons) at Southdale, Edina, Minnesota. 2. Ellipsoidal Water Tank (500,000 Gallons) at the Edina-East High School, Edina, Minnesota. c Work must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. No bids will be considered The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clek Motion for adoption of the resolution was seconded by Councilman Courtney add on rollcall there were three ayes and no nays and the resolution was adopted. SANITARY SEWER SS-220 CONNECTION CHARGE FOR PARCEL 400Q SEC. 4, T. 116, R. 21 TO BE LEVIED OVER FIVE YEARS. motion was seconded by Councilman Shaw and carried, approving the request of Mr. John R. Loegering, 5101 $1, 66th St., that the connection charge €or Parcel 4000, Section 4, Township 116, Range 21 be levied over the next five years on Sanitary Sewer Improvement SS-220. As recommended by Mr. Dalen, Councilman Courtney's PARK DEPARTMENT PURCHASES APPROVED. As recommended by Mr. Hyde , Councilman Courtney's motion was seconded by Councilman Shaw and carried awarding informal bids as follows: Guard Rail Poles for various parks to recommended low bidder, Ilheeler Division of St. Regis Paper Company, at $1,990; Lumber for two hockey rinks to recommended low bidder, Hilldale Lumber, at $1,755. FORMER PAPX BOARD MEMBERS DIERCKS AND.LEl7IS HONORED. offered the following resolutions and moved their adoption: WHEREAS, klilliam Tal. Lewis has given twenty-four years of dedicated service to the Village of Edina park system, serving as a member of the Park Board from 1949 to 1967 and as Vice-chairman from 1967 to 1973; and WIEREAS, during those years the park system of the Village of Edina has continually developed outstanding programs which have given Edina an enviable reputation in the park and recreation field; Councilman Courtney RESOLUTION OF APPRECIATION 7/2/73 NW, THEREFORE, BE IT RESOLVED that the Edina Village Council joins with the Edina Park Board in expressing sincere appreciation for ihe long-time, generous contributions of WILLIAM Id. LENIS to the Village of Edina; and BE IT FURTHER RESOLVED that a suitable copy of this’ resolution be presented to Billiam 37. Lewis, and that he be further recognized by the presentation of an appropriate plaque in appreciation of his many years of devoted and efficient service to the Village of Edina. RBSOLUTION OF APPRECIATION TJI-IEREAS, H. Robert Diercks has served’as a member of the Edina Park Board since 1962 and as Chairman of the Park Board from 1967 to 1972; and HHEREAS, during those years, the park system of tk Village of Edina has con- tinued to develop in a manner which has given Edina an-enviable reputation in the park and recreation field; NOi7, THEREFORE, BE IT RESOLVED that the Edina Village Council joins with the Edina Park Board in expressing sincere appreciation for the long-time, generous BE IT FURTHER RESOLVED that a suitable copy of this resolution be presented to H. Robert Diercks, and that he be further recognized by the presentation of a suitable plaque in appreciation of his many years of devoted and efficient service to the Village of Edina. llotion for adoption of the above resolutions was seconded by Councilman Shaw and carrid. II t” ’ contributions of H. ROBERT DIERCKS; and CLASBS PAID. carried for payment of the following claims as per Pre-List: Revenue Sharing, $31,082.88; Construction, $250.22; Park, Park Construction, Park Sinking, Golf, Swimming, Arena, $46,714.71; Water Fund, $11,065.81; Liquor Fund, $51,790.26; Sewer Fund, $33,032.29; PIR and Poor, $7,487.82; Total, $181,423.99. Notion of Councilman Courtney was seconded by Councilman Shaw and General Fund and I No further business appearing, Councilman Courtney’s motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 11:lO p.m. .’ .. . &- ddLdu.L+ I Village Clerk