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MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE :HALL ON
AUGUST 6, 1973
Members answering rollcall were Councilmen Johnson, Shaw, Van Valkenburg and
Mayor Bredesen.
PAMJOOD KNOLLS AREA ACCESS ROUTES TO BE STUDIED FURTHER.
that the hearing for Improvement No. P-BR-4 across Nine Mile Creek from Walnut
Mr. Hyde recalled
Drive to Londonderry Road had been continued from July 16, 1973, for recom-
mendations by the Traffic Safety Committee.
ents and opponents of the improvement had participated in a special meeting of
the Traffic Safety Committee to consider the matter of alternate access routes
to Parkwood Knolls, with emphasis on the proposed connection of Londonderry.
Road to Walnut Drive across Nine Mile Creek and thatqthe Traffic Safety Committee
had adopted the following motions:
1.
line of the Parkwood ~011s Additions, the East line of Lots 19 thru 27, Auditors'
Subdivision 325, the North line of the South one-half of Section 30, Township
117, Range 21, and the West line of Parkwood knolls 15th Addition extended to
the North until such time as the alignment for a road connecting the park-
wood Knolls area to the proposed interchange at County Road 18 and 7th Street
has been determined, construction of the road authorized by Council, and the
right-of-way acquired for the road; and
2. That further investigation be made of alignment for the road connecting Park-
wood Knolls to the proposed County Road 18 and Londonderry Drive interchange
either directly at Londonderry Drive or indirectly via Lincoln Drive at another
location between Londonderry Addition and the North line of Prestige 2nd Addition.
Council's attention was also called to the interim report of the County Road
18/Valley View Road Interchange Task force by Mr. Darrell H. Boyd, which report
indicated that the key considerations in establishing a procedure to develop
reasonable alternatives include:
1. Anticipated traffic load on Valley View Road and W. 66th Street and/or
Antrim Road and I?. 70th Street if access to County Road 18 were'made available
at Valley View Road;
2.
Road and the Crosstown Highway or Gleason Road and Interstate 494) in the event
that all traffic into and out of Southwest Edina did not have access to County
Road 18 at the aforementioned interchange.
The Task Force had recommended further that a professional analysis be made by
an outside engineering firm to determine an estimte of both jxaffic volume
and peak loads at spe,cified points in the Southwest Edina rlbad system, based
on full land development of Southwest Edina, Eden Prairie and Bloomington, and
further to obtain an estimate of the traffic volume on the basis of no inter-
section, a partial intersection and a full intersection at County Road 18 and
Valley View Road.
tion will be beneficial in establishing the merits of an intersection at
Gleason Road and Id. 78th Street.
study proposed by the Traffic Safety Committee would be done within the next
three or four months and that, if any projects were authorized by the Council at
public hearings, construction could 'take place next year. He added that the
only thing that could be constructed this year would be the Londonderry Drive
crossing, if that crossing should be approved. Councilman Johnson suggested
that, in view of the undertainties that exist with the connections to County
Road 18, an interim solution might be approved and an outside firm employed
with the cooperation of the cities of Hopkins and Minnetonka, the Village of
Eden Prairie, Hennepin County, the Metropolitan Council and the Nine Mile
Creek Watershed District to study the County Road 18 corridor from the South
Village Lipits to the North Village Limits. Mayor Bredesen expressed disap-
pointment with the delay caused by appointment of various task forces and sug-
gested that, if Village employees could not make a determination, an outside
consultant should be employed. Mr. Fletcher Naller, Jr., 5601 Schaefer Road,
with the aid of the viewgraph, reviewed traffic flow figures in the area and
said that these traffic patterns are determined by the access to the Crosstown
Highway on Gleason Road.
lector streetstt and that traffic problems will increase with the construction
of the apartme* complex North of Vernon Avenue and East of County Road 18.
Mr. Waller contended that the Traffic Safety Committee recommendations calling
for a Westerly route out of Parkwood Knolls would not be completed until 1975.
Mr. Waller suggested opening the area West to County Road 18 and not crossing
Nine Mile Creek at Walnut Drive. He suggested erection of temporary blockades
at South Knoll Drive and View Lane, at Sch$efer Road at South Knoll Drive and
Mr. Dunn advised that both propon-
That no further development be allowed in the area bounded by the North
Anticipated traffic load on other arterial/freeway intersections (e.g. Gleason
It was the opinion of the Task Force that this same informa-
Mr. Dunn advised Mayor Bredesen that the
He said that View Lane and Schaefer Road are "col-
I
1'18 i 8/6/73
at Stauder Circle and Londonderry.,
temporary stop signs was also raised. Mr. and Mrs. Lloyd Cherne, 5704 View Lane,
and Dr, Lloyd Pearson, 5700 View Lane, eoncurred with Eir. Waller's remarks. Mrs,
Chekne cited the past closfngs of Londonderry Drive at Walnut Drive, Eden Prairie
Road at Vernon Avenue, and Cadillac Drive and said that additional closings
should be made to alleviate traffic on View Lane.
his objections to blocking off public streets and the question of getting emer-
gency vehicles into the area was also questioned by Councilman Johnson.
man Shaw questioned the possibility of constructing a temporary crossing of Nine
Mile Creek in the form of a culvert covered by dirt and sod. Mr. Dunn concurred
that this could be done on a temporary basis only, but he added that the cilr-
rently proposed crossing is not an expensive project. Mayor Bredesen expressed
concern about traffic patterns from the proposed shopping center in Minretonka.
Mr. James Thorp, 5901 Walnut Drive, said that he represented 162 residents who
had signed a petition opposing the Walnut Drive bridge, even on a temporary
basis. Discussion ensued as to the possible installation of stop signs to slow
down traffic, Following considerable discussion, Councilman Johnson moved that
the Village secure the cooperation of Eden Prairie, Hopkins, Minnetonka, Hennepin
County, the Metropolitan Council and the Nine Mile Creek Ilatershed District in
a joint study of the CSAH 18 Corridor between the North and South Village Limits.
The motion included the consideration of the impact on the highway, as well as
Vernon Avenue and/&fe present and future development of the adjacent areas and
the advisability of an interchange at Valley View Road and the Londonderry Road
area, %e motion also included: a) Approval of additional stop signs in the
East Parkwood Knolls area buE 'on1y:on a tempprkrytbasiS'until alternate access
is ,provided from the West Parkwood Knolls area; and b) Consideration of one-
way streets in the Parkwood Knolls area.
Van Valkenburg and unanimously carried.
Knolls area were invited to meet with the Village Engineer to make suggestions
to be considered by the Traffic Safety Committee as to the location of the
street signs and one-way streets. Councilman Johnson added to his motion that
if the Village cannot obtain immediate approval from the units of government
mentioned, the Village should proceed on its own.
authority to hire a consultant if such action is considered necessary.
addition to the motrim was also seconded by Councilman Van Valkenburg and the
motion *was unanimously carried,
ORDINANCE NO. 811435 ADOPTED ON SECOND READING.
Councilman $an Va3Xenbdrg'!offeriid.lth_e follbwing ordtnancd and moved-its adoption:
The possibility of the installation of
Mayor Bredesen reiterated
Council-
I
The motion was seconded by Councilman
Interested persons in the Parkwood
The motion also included
The
As recommended by Mr. Luce,
ORDINANCE NO. 811-A35
AN ORDINANCE AMENDIhG THE ZONING ORDINANCE (NO, 811)
BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3)
TRE VILLAGE COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1.
'The extent of the Planned Residential District (Sub-Distkict PRD-3) is
That part of the Southwest Quarter of Section 31, Township 117, Range 21,
described as beginning at a point on the Vest: line of said Section, 1589.04
feet North of the Southwest comer 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 T?est of the Northeast corner of said Southwest quarter;
thence South along said parallel line 543.07 feet; thence West to a point
on the West line of said Southwest Quarter distant 1059.36 feet North of
the Southwest corner of said Southwest 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:
corner for the Northwest corner of Section 6, Township 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 West) a distance of 693.43 feet;
thence North 46 degrees, 21 minutes and 27 seconds West 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 Mest 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 theze terminating, according
to the Government Survey thereof, which is in subdistrict PRD-3.rr
'Paragraph 4-of Section-5 of Ordinance No. 811 if the Village is
enlarged by adding the following thereto:
enlarged by the addition of the following property: .
Commencing at the closing
.. 8/6/73 lT9
Sec. 2. This ordinance shall be in full force and effect upon its passage f
and publication.
Motion for adoption of the ordinance was s
call there were four ayes and no nays, wit
reservations, and the ordinance was adopted.
ATTEST :
I
YL-A-h/
Village Clerk 1(
ORDINANCE NO. 811-A40. ADOPTED ON SECOND XEADING. As recommended by Mr. Luce,
Councilman Shaw offered the following o-rdinance, and moved its adoption: I ORDINANCE NO. 811-A40
AN ORDINANCE AMENDING THE ZONING ORDINANCE
(NO. 811) BY ADDING TO THE COMMERCIAL DISTRICT .,
THE VILLAGE'.COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: .
Section 1. Subparagraph (a) of District C-1 of Paragraph 4 of Section 9
(24) Liquor stores, municipal owned, off sale
(25) Bicycle stores, including rental, repair and sales
(26)
of Ordinance No. 811 is hereby amended by adding the following:
Bakeries, provided the roomyor rooms Containing the preparation
and baking process shall not have a gross floor area in excess of 2,400 square feet. ..
Sec. 2. Subparagraph (a) of District C-2 of Paragraph 4 of Section 9 of
Ordinance No. 811 is hereby amended by deleting the following:
(8) Bakeries, provided the room or rooms containing the preparation
and baking process shall not have a gross floor area in excess .
of 2,400 square feet
(10) Bicycle stores, including rental, repair and sales
(40) Liquor stores, municipal owned, off sale .
Sec. 3. This ordinance shall be in full Eofce and effect immediately
upon its passage and publication.
Motion for adoption of the ordinance was s
on rollcall there were four ayes and no nays a
ATTEST:
c$. /!Le&.
Village Clerk
I
4
ORDINANCE NO. 811-A41 CONTINUED TOeAUGUST 20, 1973, by motion of Councilman Van
Valkenburg, seconded by Councilman Shaw and carried.
FOTOMAT CORPORATION APPEAL OF BOARD OF APPEALS AND ADJUSTMENTS DECISION CONTINUED.
Affidavits of Notice were presented by Clerk, approved as to form and ordered
placed on file.
dedision of the Board of Appeals and Adjustments which denied Fotomat Corporation
approval for construction of a free standing photo facility in the Yorktown Fashion
Center.
on the basis that it was a 6Ddrive-in*ff facility which was prohibited in the C-3
District by the Zoning Ordinance and that the plan before Council at this time
structure. Mr. Erickson recommended that the decision of the Board of Appeals be
affirmed, inasmuch as the only difference would be that personnel would be hand-'
ling sales in a different manner, and that it is still a "drive-in" type facility.
He added that a "drive-in" need not be limited to the normal kind of Itdrive-inPr
such as a MacDonald establishment. Mr. Erickson furhher said that none of the
three variances required have yet been granted by the Board of Appeals as to
front yard setback, parking, and roof-top signs, but that the applicants have
indicated that they would comply with the s5gn ordinance. Mr. James Stralla,
attorney representing Fotomat Corporation, showed a picture of another Fotomat
establishment which the ProPos@d burlding would resemble, He stated that he does
not believe that there is any justification in separating a business which is a
"drive-upcr, defining $drive-up" unit as a place where sales are conducted from a
car. He suggested that the entire shopping center could be considered a '@drive-
upa* inasmuch as "people conduct sales ouFsi.de of their cars just as they do in
a regular storel'. Mr. Stralla referred to a Fotomat facility at the University
of Minnesota, advising that all customers walk up to the unit, and told Mayor
Bredesen that *the facility is in a parking lot and has a setback of approximately
forty-five feet.
Village and had been disallowed so it had been decided to convert the proposed
1 Mr. Erickson reviewed the appeal by Fotomat Corporation of the
He recalled that Council had previously denied approval of the facility
I is the same, except that it is now termed a "walk-up" instead of a f*drivedin'e
I
He recalled khat he had disputed the drive-up ordinance of the
180 I 8/6/73
L build-ng so that all sales would be handled over the counter.
objected to the action taken at the Board of Appeals and Adjustments meeting
of June 21, 1973, that the appeal be denied, even though they had specifically
indicated in that meeting that they would comply with the setback regulations
and remove their signs. He asked Council to render an %nprejudiced and fair"
decision.
mat contracts with other businesses in the area for use of their sanitary
facilities.
prevented from driving up by various forms of obstacles and that paths would
be designated for customers to use to reach the building.
to Mr. Hyde's request to submit pictures of at least five Fotomat walk-up
facilities in various shopping centers throughout the country.
tion to Mr. Erickson's statement that there is already a deficiency of approxi-
mately eighty parking spaces in the parking lot.
cussion, Councilman Johnson's motion that the matter be continued to September
10, 1973, so that Fotomat Corporation will have the opportunity to furnish the
Council with definite information as to where the facility will be located in
the parking lot, pictur^es of walk-up facilities in other shopphg center park-
ing lots and that an understanding be reached as to the parking1 Space question
was then seconded by Councilman Van Valkenburg and ca'rried.
CONTRACTS AWARDED ON VARIOUS IMPROVEMENTS. Mr. Hyde presented tabulation of
four bidders for Street Improvement Nos BA-196, BA-197, kna'.Stom[:Seper' XmprovQ-
mgnt No. ST.S.-117, noting that clearance for impxmement no. C-113 must be
obtained from -Richfield and Hennepin County before that improvement can -be con-
tracted for.
bidder at $97,993.28, H.J.A. Construction Co. at $115,859.50, Arnold Beckman,
Inc. at $119,096.11 and Bury & Carlson, Inc. at $126.475.56. -As recornended
by Mr. Hyde, Councilman Johnson's motion was seconded by Councilman Shaw and
-carried awarding contract to Riegger Roadways, Inc. for BA-196 at $14,263.48,
BA-3.97 at $33,094.95 and St.S.-117 at $29,118.30, with the understanding that
award of bid for C-113 would be held for the necessary clearances by.the City
of Richfield and Hennepin County.
$21,516.55 was continued to August 20, 1973 by motion of Councilman Johnson,
seconded by Councilhan Shaw and carried.
UATERTMKS AT SOUTHDALE AND EDINA-EAST TO BE REPAIRED, CLEANED, PAINTED ETC.;
BU) AWARDED. Mr. Hyde presented tabulation of three bids for repair, cleaning,
scaling, inspecting, paintins and sterilization of the water spheroid tank at. *
Southdale and the ellipsoidal tank at the Edina East High School showing
Schumann Bros., Inc. low bidder at $20,700.00, Neumann Company Contractors, Inc.,
$21,400.00 and Abhe 'and Svoboda at $23,160.00.
at $23,580.00. Councilman Johnson's motion for award to recommended low bidder,
Schumann Bros., Lnc., was seconded by Councilman Van Valkenburg and carried.
Councilman Van Valkenburg' s motion
was seconded by Councilman Shaw and carried accepting an oiling petition for
Brookview .Avenue from I?. 58th Street to W. 59th Street. for processing.
BROOKVIm? AVENUE STREET SURFACING PETITION ACCEPTED.
Councilman.Van Valkenburg's motion was seconded by Councilman Shaw and carried,
accepting the petition for permanent street surfacing and curb for 'Brookview
Ave. frord W. 58th to 11. 59th Streets and referring said petition to the Engin-
eering Department for processing.
Mr. Stralla
In reply to a question of Mayor Bredesen, 3lr. Stralla said that Foto-
He said that in other Fotomat walk-up facilities, customers were
Mr. Stralla agreed
I He took excep-
Following considerable dis-
Grand. total of tied bids were given showing Riegger Roadways low
Award of bid.for C-113 in the amount of
Engineer's estimate-was given
. OILING PETITION ACCEPTED FOR PROCESSING.
As recommended by Mr. Dunn, .
NINE MILE CREEK ENHANCEMENT REFERRED TO ENVIRONMENTAL QUALITY COMMISSION.
Counc.il's attention was called to a letter from the Nine Mile Creek Watershed
District advising that funds are available to initiate beautification and
improvement projects to enhance the setting of Nine >%le Creek and soliciting
the cooperation of the Village in identifying portions of the creek that could
become the subject ,of 'such a project. The motion of Councilman Van Yalkenburg
gas seconded by Councilman Shaw and carried, referring the letter to the
Environmental Quality Commission.
HEARING DATES SET FOR VARIOUS EmNG.MAmRS. As recommended by Mr. Luce,
Councilman Shaw's motion was seconded by Councilman Johnson and carried, set-
ting August 20, 1973, for'hearing date for the following Planning Commission
.matters :
1. Rezoning of Lots 1 and 2, Block 3, Arden Park 3rd Addition from R-1
2. Rezoning of Lots 1 and 2, Block 4, McCauley Heigbts 3rd Addition from
Single Family District to R-2 Multiple Residence District.
R-1 Single Family District to R-2 Multiple Residence District
h H h
' 8/6/73
3. Rembrandt Enterprises, Inc., - R-4 Multiple Residence District to R-5
4.
5.
6.
Multiple Residence District (Heritage Drive)
Viking Hills 5th Addition - Preliminary Plat Approval
Lots .1 and 2, Block 3, Arden Park 3rd Addition - Lot Division
Twin City Federal Savings ti Loan Assn. - Appeal from Board of Appeals
and Adjustments Decision
BRAEMAR PARC PRELIMINARY PLAT APPROVAL HEARING DATE CHANGED... As requested by the
developer, Councilman Van Valkenburg's motion changing the hearing date for
preliminary approval of Braemar Parc from August 20, 1973 to September 10, 1973,
was seconded by Councilman Shaw and carried.
FEDERAL FLOOD INSURANCE AVAILABLE FOR VILLAGE PXOPERTY'.WNERS. Council's attention
was called to a letter from the Department of Housing and Urban Development
advising that the sale of Federal flood insurance at subsidized rates on an
emergency basis has been approved for the Village of Edina.
obtain flood insurance from any licensed property and casualty insurance agent.
No action was taken.
TRAFFIC SAFETY COMMITTEE MINUTES OF JULY 23, 1973, APPROVED, by motion of
Councilman Johnson, seconded by Councilman Shaw and carried.
Property owners-may
LOT 2, BLOCK 2, BRAEMAR HILLS FIFTH ADDITION RETAINING WALL PETITION TO BE
SUBMITTED TO VILLAGE. Mr. Hyde called Council's attention to a letter from Mr.
John P. Karalis requesting that the Village construct a retaining wall in front
of his property at"6121 Scotia Drive. (Lot 2, Block 2, Braetnar Hills Fifth
Addition) A letter from Mr. and Mrs. Richard C. Gunderson for similar action on
the part of the Village for their property located at 6125 Scotia Drive in
Braemar Hills Fifth Addition was also noted, along with pictures which had been
taken of both propekies.
improvements in Braemar Hills Fifth Addition were installed under the terms of
a Developer's Agreement dated April 21, 1971, between the developer and the
Village. Grading and graveling of streets was done by the developer, with
permanent street surfacing and concrete curb and gutter petitioned for by the
developer and instaJled as a Plan C improvement. In this case, the developer
chose to pay the total costs of all improvement's as soon as the contracts were
completed and-final payments made by the Village to the contractor. Mr. Dunn
pointed out that since the developer has paid foY* the walls constructed on the
project, the owners of the property should be talking to the developer from
whom they Zjought the lots about a retaining wall, rather than the Village.
Dunn pointed out that it is Village practice to construct Lannon stone retain-
ing walls in the c-onstruction of new streets where necessary to retain areas
where the property is occupied or under construction so that lot grading plans
are known, but that the Village does not construct walls in front of undev-
eloped property since future development would likely require alteration or
removal of the wall. Attention of Council was called to a letter from Mr. Erick-
son in which he stated that he had advised Mr. Karalis that the road cut 'was
made by the developer, that bhlylthg road surface itself was constructed by the
Village and that the total cost of the cutting and,road surface was paid for by
the developer in full and that there were no assessments.
indicated that he had further advised Mr. Karalis that, based upon the facts of
the development and payment therefor, he presumed'that in buying his lot he
obtained a price which was fair and reasonable for the lot at the time of the
purchase, without -a retaining wall; and that, if the developer had expended
additional cost for a retaining wall on the lot, the lot would have been more
costly.
alis that the Village has a duty of lateral support which it will fulfill, but
that legal duty does not require that it build a wall of any given size or shape
at this time. Mr. Karalis said that the Village has constructed a retaining
wall for unimproved property across the street and that i?-retaining'.walls were
constructed.for'sors_e propeeties,.'.they shopld.be.sonstructe'd consistently.
that the Village had told one of the neighbors that a retaining wall would be
constructed at the time the foundation for a house wa's'built. Mr. Rudy Trones
said that he had requested that the wall be constructed before he sold the lot
to Mr. Xaralis. Mr. Karalis told Mr. Hyde that the street looked exactly as it
does now when he acquired the property. Following considerable discussion ,and
as recommended by the Mayor and Village Manager, Councilman Johnson's motion
that petitions be submitted for retaining walls at 6121 and 6125 Scotia Drive,
that public hearings be conducted and that, if approved, the project be assessed
against the benefitted properties was seconded by Councilman Courtney and carried.
(See correction in Minutes 04 August 20, 1973)
EDINA SUPERETTE OFF-SALE BEER LICENSE APPROVED.
tion of Edina Superette for an Off-sale Beer License at 4510 Valley View Road.
A memo from Mr; Dunn to the Council recalled that
..
Mr.
Mr. Erickson's letter
Mr. Erickson's letter stated that he had continually advised Mr. Kar-
He added
Mr. Hyde presented the applica-
8/6/73
Motion of Councilman Van Valkenburg for approval of the license was seconded
by Councilman Shaw.and carried,
COUNTY ROAD 18/VALLEY VIEW ROAD TASK FORCE REPORT DISCUSSED.
Chairman of the County Road 18/Valley Vfew-Road Task Force,-clarified that the
Task Force had recommended that the Village employ an outside consultant. He
spoke of concern of the Task Force of traffic Erpingl:to drive thru the Village
from the proposed-shopping center I?est of C.S.A.H. 18 and Southdale and York-
town. He clarified that the Task Force is requesting reazistic traffic esti-
mates and projections of peak traffic loads at key areas for compatison wkth other
streets in the Village in order to make an intelligent report.
that it would be wise to use one study of South Edina along with a study of
Southwest Edina. * Councilman Johnson said that he would like to know the answer
to the impack of the proposed developments and existing developments along
C.S.A.H. 18 on:
Mr. Darrell Boyd,
He suggested
1)
2) Zhe access thereto;
3)
the adequady of County Road 18 itself;
the adequacy of the internal streets in Southwest Edina.
Mayor Bredesen expressed appreciation of the Council to Mr. Boyd. and the Task
Force for their efforts and said that the requested information would be given
to them so that they could complete their recommendations,
agreed that Council would ffirnish the Task Force with the information after a
traffic count has been taken.
COUNTY ROAD 18 PROPOSED RELOCATION ANI) DESIGNATION APPROVED. As recommended
by Mr. Hyde, Councilman Johnson offered the following resolution and moved its
adoption:
WHEREAS, the County of Hennepin has revoked the portion of present County State
Aid Highway 18 from a point approximately 600 feet South of tIie East quarter
corner of Section 25, Township 117 North, Range 22 West along the corporate limits
of the City of Hopkins and the Village of Edina to the intersection of Minnetonka
Boulevard, County State Aid Highway 5, and "E" Street in the City of Minnetonka
as described within the Commissioner of HighQays Order No. 27368 dated April 15,
1958, and this roadway has been redesignated as County Road 18; and
VHEREAS, the County of Hennepin has designated the new alignment as County
State Aid Highway 18 commencing at a point approximately 600 feet South of
the East quarter corner of Section 25, Township 117 North, Range 22 West along
the corporate limits of the City of Hopkins and the Village of Edina; thence
.Northwesterly to a point approximately 64 feet l?est and 900 feet Sough of the
Northeast corner of Section 25, Township 117 North, Range 22 TJest in the City
of Hopkins; thence North to a point approximately 900 feet North of the Southeast
corner of Section 24, Township 117 North, Range 22 West in the City of Hopkins;
thence Northeasterly to a point approximately 1100 feet East and 900 feet North of
the Southwest corner of Section 18, Township 117 North, Range 21West in the City
of St. Louis Park; thence Northwesterly to a point approxinlately 1200 feet North
of the West quarter corner of Section 18, Township 117 North, Range-21 West along
the corporate limits of the City of Minnetonka and the City of St. Louis Park; '-
thence North to a point on Ninnetonka Blvd., County State Aid Highway 5, approxi-
mately 870 feet South of the Northeast corner of Section 13, Township 117 North,
Range 22 West and there terminating tlie new designation; and
WHEREAS, the Commissioner of Highways upon adoption of its resolution has been
instructed to notify the Federal Highway Administrator of the new designation
of County State Aid Highway 18 which is also Federal Ed Secondaky Route No. 6318;
NOW, THEREFORE, BE IT RESOLVED that the ViIlage Council of the Village of Edina
concurs with the action of the Hennepin County Board in the redesignation of
the route of County State Aid Highway 18,
Motion for adoption of the resolution was seconded by Councilman Shaw and the
resolution was adopted.
It uas generally
RESOLUTION
AUDITOR'S RECOMMENDATIONS REFERRED TO GOVEdNTAL COMMISSION. Mr. Hyde pre-
sented a letter from the auditor pointing out a few minor problems, some of
which have already been solved.
referred to the Governmental Commission, whereupon Councilman Van Valkenburg's
motion referring the recommendations to tie-Governmental Commission was'sec-
onded by Councilman Shaw and carried.
Mr. Dalen agreed that the letter should be .
*
1972 AUDIT was received and ordered placed on file by motion of Councilman Shaw,
seconded by Councilman GohnSon and carried.
PR-1 REFUND TO BE RETURNED TO ASSESSED PROPERTIES.
Dalen had recornended returningathe funds received in the.settlement of the courg
Mr. Hyde advised that Mr.
case for the leaks in the parking ramp to the-properties which have been assessed
8/6/73 I83
I
for the ramp.
recommended by Mr. Dalenwas seconded by Councilman Shaw and'carried.
MINNESOTA COMBINED CITY-VILLAGE CODE REVIEFJED; ATTORNEY GENERAL'S OPINION TO
BE REQUESTED. Mr. Hyde called Counciljs attention to a report by Mr. Erickson
on the various possibilities offered by the new Village Code.
ensued as to whether it would be best to hold Village elections on even or odd
years. The matter was informally continued so that Elr. Erickson could get an
Attorney General's opinion on what would happen to the 1974 Election if it is
decided to hold elections in the odd years.
PRECINCT 11 DIVIDED; NEW PRECINCT 15 ESTABLISHED. As recommended by the
Village Clerk, Councilman Van Valkenburg offered the following resolution and
moved its adoption:
BE IT RESOLVED by the Village Council of the Village of Edina that said Village,
heretofore composed of fourteen Voting Precincts, shall now be composed of
fifteen Voting Precincts by division of Precinct Eleven and adding Precinct
Fifteen,-which precincts are hereby declared to be bounded as follows:
PRECINCT NO. ELEVEN
Commencing at the intersection of the centerline of Highway 100 and the
centerline of County Road 62; thence South to the South Village Limits; thence
$Jest along the South Village limits from Highway 100 to the center of Section
8, Township 116, Range 21; thence North along the center of Section 8 from
the South Village Limits to the center of l?est 70th Street; thence East along
the center of W. 70th Street to the centerline of the Minneapolis,Northfield
and Southern Railroad tracks; thence North along the centerline of the'M.N.& S.
Railroad to the centerline of County Road 62; thence Easterly along the center-
line of County Road 62 to the centerline of Highway 100.
PRECINCT NO. FIFTEEN
Commencing at the centerline of the Minneapolis, Northfield and Southern
Railroad and the centerline of County Road 62; thence South along the center-
line of the Minneapolis, Northfield and Southern Railroad to the centerline
of W. 70th Street; thence West along the centerline of W. 70th Street to the
center o;Z Section 8, Township 116, Range 21; thence South along the centerline
of Section 8 to the South Village limits; thence West along thecSouth Village
limits to the West line of Section 8, Township 116, Range 21; thence North
along the West l'ine of said Section 8 to the Southwest corner of Outlot C,
Hyde Park Addition; thence East along the South line of Hyde Park Addition to
the centerline of Gleason Road; thence Northeasterly, Northwesterly and North-
erly along the centerline of Gleason Road to the intersection with the Vest
line of above described Section 8 opposite Lot 1, Block 1, Schey's Parkview
3rd Addition; thence North along the West line of said Section 8 and the West
line of Section 5, Tow'nship 116, Range 21 to the centerline of Valley View
Road; thence Easterly, Northeasterly to the intersection with Tracy Ave; thence
North along the centerline of Tracy Ave. to the centerline of County Road 62;
thence Easterly along the centerline of County Road 62 to the centerline of
the Minneapolis, Northfi'eld' and Southern Railroad; and '
BE IT FURTHER RESOLVED that the Polling Place for Precinct Eleven shall be
Cahill Element'ary School and that 'the Polling Place for Precinct Fifteen shall
be Edina West Lower Division.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
Councilman Van Valkenburg's motion authorizing the action
Discussion
RESOLUTION
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.I
BOARD AND COMMISSION APPOINTMENTS MADE. As recommended by Mayor Bredesen,
Councilman Van Vallcenburg' s motion was seconded by Councilman Sliaw and carried
confirming the following appointments:
Human Relations Commission -- Mrs. Walter Dale - Term expires 2/1/76
Building Construction Appeals Board - Mr. Rudy Trones, Jr.-- Term expires
(Council zeaorirmkndation)
2/1/75 (Alternate Member)
BICYCLE PATH REPORT CONTINUED. 1 As recommended by Mr. Hyde, Councilman Johnson's
motion was'seconded by Councilman Shaw and carried continuing-the matter of the
Bicycle Path Report to August 20, 1973.
W. 60TH STREET VACATION RESOLUTION AMENDED. As recommended by Mr. Dunn, Council-
man Van Valkenburg offered the following resolution changing the effective date
for the vacation of W. 60th Street lying West of Valnut Drive and East of 'Walnut
and West of Walnut Ridge 3rd Addition to September 17, 1973, and moved its
adopt ion :
WHEREAS, on July 2, 1973, the Edina Village Council did resolve as follows:
RE SOLUTION
WHEREAS,on June 4, 1973, the Edina Village Council did resolve as follows:
8/6/73
VHE3EAS, two weeks published, pasted 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 Coun'cil: .
NOW, THEREFORE, BE IT RESOLVED by-the Village Council of the. Village of
Edina, Hennepin County, Minnesota, that the following described portion of
W. 60th Street, all as platted and-.of record in the office:of the Register
of Deeds in and for Hennepin County, Eunesota, be and is hereby vacated
effective June 6, 1973, unless on or befare said date this resolution is
amended, annulled or'rescinded'by the Village Council:
That portion of West 60th Street .lying West of l?alnut 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 W. 60tfi Street above
described yiA.-&come effective on July 6, 1973, unless on or before said
date this resolution is amended, annulled or rescinded by the Village
Council;
NG?, THEREFORE, BE IT RESOLVED that the re-solution adopted on June 4, 1973, be
amended so that the date of the vacation ofll. 60th Street above described will
become effective on August 6, 1973, unless on or before said date 'this resolu-
tion is further amended, annulled or resc-i;n&edhy the Village Council;
NOW, THEREFORE, BE IT RESOLVED FURTHER that the resolution adopted on 3u&yL2,
1973, be amended so that the date of the vacation of W. 60th Street as above
described will become effective on September 17, 1973, unless on or before
said date this resolution is amended, annulled or rescinded by the Village
Council.
Mot'ioh for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
OLD .CAHILL SCHOOL PLUMBING APPROVED . As recommended by Mr . Hyde , .Councilman
Van Valkenburg's motion was seconded by Councilman Johnson and carried auth-
orizing award of bid taken informally for installation of sewer, watel; gas
piping and roughtin plumbing for Old Cahill School €0-Hovde Plumbing & Heat-
ing, with the Village'buying all materials direct. It was noted that Bowler
Plumbing Co. had submitted a bid also at $3,136.
SODDING APPROVED FOR CREEK VAtLEY SCHOOL PARK AND PAMELA PARK.' As recommended
by Mr. Hyde, Councilman Van Valkenburg's motion was seconded by Councilman Shaw
and carried authorizing thetaward of a bia for sodding to Riebe Sod Company for
sodding of football field at Creek Valley School Park and soccer field at Pamela
Park at $4,680.00.
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INSTALLATION OF WATER VALVES AUTHORIZED FOR HALIFAX AVE. AT W. 50TH STREET.
As recommended by Mr. Hyde, Councilman Shawls motion authorizing award of
informal bids taken for installation of water valves at 50th and Halifax
was seconded by Councilman Johnson and carried.
G. L. Contractors, Inc., at a total cost of $1,950.00.
Award was made to low bidder,
BIDS AUTHORIZED FOR VILLAGE HALL REMODELING.
posed for the remodeling of the Village Hall whech would permit the Police
Department to move to the Park Department offices, the Park Department to move
to the former Fire Station and air conditioning for the entire building at an
estimated cost of $51,466.
motion authorizing taking of bids was seconded by Councilman Shaw and carried.
ORDINANCE NO. 1401 GRANTED FIRST mADING. As recommended by the Police Depart-
ment and as explained by Mr. Erickson, Councilman Van Valkenburg offered Ordin-
ance No. 1401 for First Reading as follows:
Mr. Dalen explained drawings pro-
After reviewing the plans, Councilman Van Valkenburg's
ORDINANCE NO. 1404
AN ORDINANCE PROVIDING FOR THE CUSTODY,
IMPOUNDING, SALE AND DISPOSAL OF ABANDONED
MOTOR VEHICLES AND PRESCRIBING PENALTIES
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
i.
. ..
Section 1. Authority, Adoption by Reference. Pursuant to the authority
of Minnesota Statutes, Section 471.62, there are hereby adopted and incorporated
herein by reference those provisions of Minnesota Statutes hereinafter referred
to.
provisions, marked as official copies have been filed for use and examination by
the public in the office of the Village Clerk.
Sec. 2. Edina Abandoned Motor Vehicle Code. Pursuant to the authority of
Minnesota Statutes, the following rules, regulations and provisions, including
those set forth in Minnesota Statutes which are referred to herein, shall here-
Prior to the publication of this ordinance, at least three copies of said
8/6/73
after be the rules, regu2at;i;ons and -provisions in accordance with which the
custody, impounding, sale ?md--ctiSpasal_af abandoned motor vehicles shall be
conducted, and may collectivdy-bexeferred to as the."Edina Abandoned Motor
Vehicle Code".
Sec. 3. Purpose. The purpose- of this ordinance shall be as set out in
Minnesota Statutes , Section 168B.O-k..
Sec. 4. Definitions.
(a) As used in this ordinance +the terms defined in this section have the
meanings given to them in this section.
(b) "Abandoned motor vehicleFr means a motor vehicle that has remained
for a period of more than 48 hours an public property illegally or lacking vital
component parts, or has remained for a period of more than 48 hours on private
property without the consent of the person in control of such property or in an
inoperable condition such that it has no substantial potential further use con-
sistent with its usual functions unless it is kept in an enclosed garage or
storage building.
by its owner to and accepted by the Village of Edina.
pioneer car shall not be considered an abandoned motor vehicle within the mean-
ing of this ordinance.
Section 169.01, Subd. 3.
Minnesota Statutes , Section 168.10.
It shall also mean a motor vehicle voluntarily surrendered
A classic car or
(c)
(d)
(e) "Agency" means the Minnesota Pollution Control Agency.
(f)
The term "motor vehicle" shall be as defined in Minnesota Statutes,
The terms ''classic cart1 and ?'pioneer car" shall be as defined in
"Vital component partsfr means. those parts of a motor vehicle that are
essential-to the mechanical functioning of the vehicle, including, but not
limitgd to, the motor, drive train, and wheels.
Sec. 5. Abandonment. No person shall abandon a motor vehicle on any
public or private property, without the consent of the person in control of such
property. -- See. 6. Custody of Abandoned Motor Vehicles.
(a) '. Any Village police officer may take into custody and impound any
abandoned motor vehicle.
persons desiring to act as pound keepers of abandoned motor vehicles impounded
under the provisions of this ordinance. Such pound keepers must be capable of
fulfilling the requirements listed in Ordinance No. 1403, Sec. 2. Each bidder
shall provide a schedule of charges for the towing, storage and impounding of
abandoned motor vehicles impdunded under the provisions of this ordinance. A
copy of the schedule shall--be om exhibit in the Edina Police Department. The
Village Manager reserves the xk*-fzo reject all bids.
The abandoned motor vehicl?=- impounded under the provisions of 'this
ordinance shall be stored accordimgto the provisions of Sec, 5 of Ordinance
No. 1403.
Sec. 7. Immediate Sale. When an abandoned motor vehicle is more than
seven model years of age, is lacking vital component parts, and does not dis-
play a license plate currently valid in Minnesota or any other state or foreign
country, it shall immediately be eligible for sale at public auction pursuant to
Sec. 10 of this ordinance, and shall not be subject to the notification, reclama-
tion, 'or title provisions of this ordinance.
(b) The Village Manager or his designate shall advertise for bids by
(c)
.See. 8. Notice.
(a) When an abandoned motor vehicle does not fall within the provisions
of Sec. 7 of this ordinance, the Village police department shall give notice to
the taking within ten days. The notice shall (1) set forth the date and place
of taking, the year, make, model and serial number of the abandoned motor
vehicle if such information can be reasonably obtained and the place where the
vehicle is being held, (ii) inform the owner and any lienholders of their right
to reEEaim the vehicle under Sec. 9 of this ordinance, and (iii) state that
failure of the owner or liegholders to exercise their right to reclaim the
vehicle and contents shall be deemed a waiver of all right, title, and interest
in the vehicle and contents and a consent to the sale of the vehicle and contents
at a public auction pursuant to Sec, 10 of this ordinance.
the abandoned motor vehicle and to all readily identiEiable lienholders of
record.
and address of the registered owner and all lienholders, the notice shall be
published once in the official newspaper-of the Village.
be grouped together for convenience and economy.
(b) The notice shall be sent by mail to the registered owner, if any, of
If it is impossible to determine with reasonable certainty the identity
Published notices may
Sec. 9. Ripht to Reclaim.
(a) The owner or any .lienholder of an abandoned motor vehicle shall have
a right to reiilaim such vehicle from the Village police department or its
8/6/73
agent upon paymen- of all towing and storage charges resulting from taking the
vehicle into custody within 15 days after the date of the notice required by
Sec. 8 of this ordinance.
Nothing in this ordinance shall be construed to impair.any lien of
a garagekeeper under the laws of the State of Minnesota, or the right of lien-
holders to foreclose. For the purpose of this subdivision "garagekeeper" is an
operator of a parking place or establishment, an operation of a motor vehicle
storage facility, or an operator of *arr-estaH,isfunent for the servicing, repair,
or maintenance of motor vehicles , Sec. 10. Public Sale. L I.
(a) If an abandoned motor vehicle and contents taken into custody and not
reclaimed under Sec. 9 of this ordinance is soldat public auction or sale,
it shall be sold to the highest bidder following two weeks peior notice of such
auction or sale published in the official newspaper of the Village,
shall be given a receipt in a form prescribed by the registrar of motor vehicles.
(b) Abandoned motor vehicle not-sold-pursnant to paragraph (a) of this
Sec. 10 shall be disposed.of in accordance with Sec. 11 of this ordinance.
(c) From the proceeds of a sale under this section of an abandoned
motor vehicle, the Village shall reimburse itself or its agent for the cost of
towing,. preserving and storing the vehicle, and all administrative, notice and
publication costs incurred in handling the vehicle pursuant to this ordinance.
Any remainder from the proceeds of a sale shall be held for the owner of the vehicle
or entitled lienholder for 90 days and then.shal1 be deposited in the treasury
of the Village.
(b)
The purchaser
Sec, 11. Disposal By Other Than Sale.
(a) The Village shall contract with persons duly licensed by the agency pur-
suant to Minnesota Statutes, Bec..168B.10, Subd. 3, (or, if no bids are received,
may utilize its own equipment and personnel) for collection, storage, trans-
portation and other services necessary to prepare abandoned motor vehicles and
other scrap metal for recycling.
The Village Manager or his designate shall advert&se for bids by
persons duly licensed by the agency pursuant to Minnesota Statutes, Sec. 168B.10,
Subd. 2, to enter into the contract-referred-to at paragraph (a) of this Sec.
11.
recycling of abandoned motor vehicles must-he capable of providing for total
collect5on and transportation of abandoned motor vehicles and of conforming
to all requirements..of the plan of the agency for solid waste disposal which
are applicable to abandoned motor vehicles.
schedule of charges for the collection, storage, transportation and other sen-
icesrequired by the Village, for abandoned-motor.vehicles impounded under this
ordinance.
Sec. 11, it shall be approved by the agency.
upon its passage and publication.
@I)
The person awarded the bid for collection-, storage and transgorbation for
I Each bidder shall provide a
The Village >fanager reserves the-right to reject all bids.
(c)
Sec, 12.
Before the Village shall enter-krrtso any contract pursuant to this
This ordinance shall be in full force and effect immediately- -
. ORDINANCE NO. 131-A1 GRANTED FIRST REmING: As requested by the Police Depart-
ment and recommended by Mr. Hyde, Cpuncilman Van Valkenburg offered the follow-
ing ordinance for First Reading:
ORDINANCE NO, 131-A1
AN ORDINANCE AMENDING ORDINANCE NO, 131
TO INCREASE THE LENGTH OF THE CUSTODY
PERIOD REQUIRED BEFORE SALE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
2 of Ordinance No. 131 is hereby amended to read as follows:
Section 1.
"Any such property which has been in the custody of the Chief of
Police for a period of 60 days may be sold to the highest bidder
at public sale following two weeks' prior notice published in the
official newspaper of the Village .It '
Sec. 2, This ordinance shall be in full force and effect upon its pass-
Disposal of Unclaimed Property.. The first sentence of Sec.
I age and publication.
IRON REMOVAL PLANT NO, 4 PUkP.REPAIR AUTHORIZED, As recommended by Hr. Dunn,
Councilman Shaw's motion was seconded by Councilman Van Valkenburg and carried
authorizing repair of the pump at Iron Removal Plart No. 4 which broke down over
the weekend.
TREASURER'S REPORT AS OF FEBRUARY 28, 1973, was presented by Mr. Dalen,
reviewed and ordered placed on file by motion of Councilman Shaw, seconded by
Councilman Van Valkenburg and carried.
No estimate of cost could be given.
8/6/73
LIQUOR REPORTS AS.'OF94kY-3I-AND JUNE 30, 1973, were presented by Mr. Dalen,
reviewed and ordered placed on file by motion of Councilman Van Valkenburg,
seconded by Councilman Shaw and carried.
LOT 1, BLOCK 5, BRAEMAR HILLS SECOND ADDITION QUIT CLAIM DEED AUTHORIZED.
recommended by' Mr. Erickson, Councilman Van Valkenburg' offejl-ed the following
As
resolution and moved its adoption: i RE SOLUTION
BE IT RESOLVED that the Edina Village Council authorize the Mayor and Village
Clerk to execute a Quit Claim Deed io Lot 1, Block 5, Braemar Hills Second
Addition.
Motion for adoption of the resolution-was seconded by Councilman Johnson and
on rollcall there were four ayes and 'no. nays and the resolution was adopted.
MINNESOTA OPEN MEETING IAN MEMORANDUM NOTED.
attention to a letter from the Village Attorney regarding the Minnesota Open
Meeting Law (Chapter, 680, 1973 Minnesota Session Laws). No action was taken.
Councilman Johnson called Council's
I
CLAIMS PAID.
Johnson and carried for payment of the following claims:
$35,811.73; Construction Fund, $1,088.17; Park Funds, $77,875.32; Water Fund,
$55,093.40; Liquor Fund, $112,716.71; Sewer Fund, $35,562.55; Improvements,
$212,540.84; Poor and PIR, $1,139.02; Total, $531,827.74; and for confirmation
of payment of the following claims: General Fund, $1,792.49; Park Funds,
$35,591.93; Water Fund, $3,134.89; Liquor Fund, $96,615.10; Sewer Fund, $59.25;
Total, $137,193.66.
The agenda's business having been covered, Councilman Johnson's motion for
adjournment was seconded by Councilman Shaw and carried.
p,*m* 6
Motion of Councilman Van Valkenburg was seconded by Councilman
General Fund,
Adjournment at 9:35
Village Clerk
3L