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BIINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
SEPTEMBER 17, 1973. . '
Nembers answering rollcall were Councilmen Courtney , Johnson, Van Valkenburg
and Mayor Bredesen.
i974 BUDGET AbOPTED.
Mr. Dalen revised proposed budget .figures to reflect assessed valuation of
$310,000,000, which valuation called for an increase in taxes of $74,915 or
4%. The Budget will require an estimated property tax levy of 6.34 mills,
compared with a 1973 levy of 6.65 mills.
the following resolution and moved its adoption:
Following the 4:OO p.m. Budget Meeting of September 17,
Councilman Courtney thereupon offered
RESOLUTION ADOPTING BUDGET FOR THE VILLAGE OF EDINA
FOR THE YEAR 1974, AND ESTABLISHING TAX LEVY FOR THE ' YEAR 1973 PAYABLE IN 1974
THE'VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES RESOLVED AS FOLLOWS:
Section 1. The Budget for the Village of Edina for the calendar year 1974
is hereby adopted as hereinafter set forth; and funds are hereby appropriated
therefor.:
GENERAL kUND
GENERAL GOVERNMENT
Mayor and Council $ 19,570
PGnning 38,525
Administration 120,967
Finance 108,431
Election 21; 764
Asses sing 88,956
Legal and Court Services 58,250
TOTAL GENERAL GOVERNMENT
PUBLIC WORKS
Administration $ 36,307
Engineering 156,890
Highways 930,045
TOTAL PUBLIC WORKS
PROTECTION OF PERSONS IWD PROPERTY
$ 456,463
$1,123,2 42
Police
Fire
Civilian Defense
Public Health
Animal ,Control
Inspection
I f
TOTAL PROTECTION OF
PERSONS AND PROPERTY
NON-DEPARTMENTAL EXPENDITURES
Contingencies
Settlement of Suits
Special Assessments on Village Property
Unallocated Capital Outlay
Capital Improvements
Human Rights Commission
TOTAL MISCELLANEOUS
$933 , 526
422,936
4,304
44,955
16,276
86,749
$1,508,746
$ 50,000
500
70 , 000
4,600
50 , 000
12,780
AND C;ONTINGENCIES $ 187,880
TOTAL GENERAL FUND $3,276,331
PARK FUND
Administration $137,955
Recreation 78,920
Maintenance 182 , 726
Capital Outlay 8,100
Section 2.
TOTAL PARK FUND $ 407,701
Estimated Receipts other than General Tax Levy are hereby
established as hereinafter set forth:
I GENERAL FUND
Trans f er-Unapp ropriated Surplus $179,513
Licenses and Permits 156 , 250
Municipal Court Fines 130,000
Department Service Charges 147,625
Other 101,200
Transfer from Liquor Fund 13 , 924
State Apportionments - Sales Tax 843 , 137
Income on Investments 45,000
TOTAL GENERAL FUND $1,6 16,649
2-1 6 9/17/73 /
PARK FUND
Registration Fees
Other
Transfer from General Fund
$:: 27,000
750
181::076
208; 826
PARK CONSTRUCTION FUND
80,000
$1,905,475
Transfer from General Fund
Section 3.
TOTAL ESTIMATED RECEIPTS
That there be and hereby is levied upon all
taxable real and personal property in the Village of Edina a
tax rate sufficient to produce the amounts hereinafter set
forth:
For General Fund $1,659,682
For Park Fund 198 , 875
For the Poor Fund 15,000
For the Firemen's Relief 5,000
14,860
72,000
For Fire Protection
For Bonds and Interest
$1,965,417
Motion for adoption of the resolution was then seconded by Councilman Van
Valkenburg and on rollcall there were four ayes and no nays and the 2974 Budget
- was adopted.
PUBLIC HEARINGS CONDUCTED ON PROPOSED ASSESSMENTS. Affidavits of Notice were
presented by Clerk, approved as to form and ordered placed on file. Pursuant
to due notice given, public hearings were conducted and action taken as here-
inafter.set forth:
A. SANITARY SEXIER IMPROVEMENT NO. 303 IN THE FOUOWCNG:
Ridge Road from Interlachen Road South to the South line of Lot 7, Auditor's
Harold 'Iloods Lane and easement over proposed Harold Woods Lane from
Subdivision No. 325
Schaefer Road to Lot 1, Block 1, A. W. Hendrickson's First Addition;
thence South to the South line of Lot 7, Auditor's Subdivision No. 325;
thence West to Ridge Road
through Lot 9, Auditor's Subdivision No. 325 and Lots 3, 2 and 1,
Margaret Cosgrove's Addition
Easement line North from Lot 1, A. W. Hendrickson's First Addition
B. TJATERMAIN IMPROVEIBNT NO. 275 IN THE FOLLOWING:
Ridbe Road from Interlachen Road to *cul-de-sac 1400' South
Sanitary Sewer 303 and Watermain 275 affecting virtually the same properties,
hearings were conducted concurrently.. Mr. Hyde presented Analysis of Assess-
ment for Sanitary Sewer Improvement No. 303 showing total construction cost
at $53,318.53 proposed to be assessed against 29 connections at $1,838.57 per
assessable connection as against estimated assessment of $1,930.69. Analysis
of Assessment for Tlatermain No. 275 was given showing total construction cost
at $42,780.99 proposed to be assessed against 19 connections at $2,251;63 per
assessable connection as against estimated assessment of $2,173.95 per con-
nection. Nr. Hyde advised Council of the request of l4r. Alf Bergerud, 5100
Ridge Road that both assessments be levied on a basis of 20 years, rather than
10 years as originally contemplated.
not be levied at this time for Lot 3 and Part of Lot 4, for both improvements
and for lot 11, Auditor's 'Subdivision (6 connectidns) for Sanitary Sewer 303.
Councilman Johnson's motion that the assessments for Sanitary Sewer 303 and for
Watermain 275 be levied as requested was seconded by Councilman Courtney and
carried.
C. SANITARY SEWER IMPROVEMENT NO. 306 IN THE FOLLOWING:
The request was also made that assessments
(See Resolution Ordering Assessment later in Minutes.)
Walnut Drive from Aspen Road to easement line between Lots 7 and 8, Block
Easement line in Outlots B and C, Walnut Ridge Third Addition from ease-
3, Walnut Ridge First Addition
ment line between Lots 7 and 8, Block 3, Walnut Ridge Sirst Addition
South to South side of Vernon Avenue
Vernon Avenue from easement line Southwesterly 606' 2
Easement line in Outlot C,-Walnut Ridge Third Addition
Parcels #1400 and #1600, Section 31, Township 117,-Range 21 ,
14r. Hyde presented Analysis of Assessment showing total construction cost at
$96,382.37, proposed to be assessed against 2,977,739 square feet for the Sub-
Trunk and against 673,600 square feet for the Lateral as follows: . Proposed assessment for Sub-Trunk at $0.02504569 per assessable square foot;
Estimated assessment for Sub-Trunk at $0.0299928 per assessable square foot;
Proposed assessment for Lateral at $0.03236763 per assessable square foot;
Est5mated assessment for Lateral at $0.0387610 per assessable square foot;
No objections were heard and none had been presented prior thereto.
Resolution Ordering Assessment later in Elinutes.)
(See
..
9/17/73
H a
D. STREET IMPROVEMENT NO. BA-138 IN THE POLLOKCNG:
Maclcey Avenue from 160 feet North of Sunnyside Road to W. 44th Street
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$4,110.48, proposed to be assessed against 3,022.41 assessable feet ag.$1;36
per assessable foot against estimated assessment of $1.09 per assessable
foot. Mr. J. S. Salisbury, 4909.Sunnyside Road, said that he objected to pay-
ing for an improvement to the property belonging to somebody else.
recalled that the primary purpose of the entire improvement was.to provide an
outlet other than T.H. 100 because there is no longer a gate for access because
of the widening of the highway.
assessed is the area that would use this route as a secondary outlet. Mr. Dunn
explained that the the construction of'the road blocked drainage and a storm
sewer was included in the project to eliminate the problem. Dr. H. J. Zahalka,
4900 Sunnyside Road, contended that the blockage was not caused by the street
cons'truction and that the problem was caused by improper grading when the
house at 4901 I?. 44th Street was built. Mrs. J. W. Solberg, 4805 Z.?. 44th Street,
said she never had any water in her basement and had never complained about the
water, but that she objected to the fact that everyone uses Mackey.Avenue now
that it is improved and that drivers do not stop for the stop sign. Mrs. J. S.
Salisbury, 4909 Sunnyside Road, said that they only usedMackey Ave. when their
road was under construction. She said that if they were going to have to pay
for the street, she wanted it open all of the time. Mr. Wm. M. Thomson, 4605
Sunnyside Road, said that he did not recall receiving any notice which indicated
that he would be assessed for the improvement.
the assessment for the storm sewer does not benefit his property.
the files, Mr. Ryde found that Mr. Thomson's name did appear on the mailing list
and that a petition in opposition to the improvement had been signed by Mr.
and Mrs. W. M. Thomson. Mr. Harry Brown, 4606 Sunnyside Road, suggested that
the cost of the improvement should be the responsibility of the State Highway
Department inasmuch as the widening of T.H. 100 was responsible for the closing
of the access to T.H. 100. Mayor Bredesen pointed out that the project has
been accomplished and that it must be paid for.
every street in the Village has paid for the use of that street and thatlhe is
not willing to ask others in the commurhty to pay for this improvement.
ing considerable discussion, Councilman Van Valkenburg's motion levying the
assessment was seconded by Councilman Courtney and carried. (See Resolution
Ordering Assessment later in Minutes.)
Mr. Hyde
He explained that the area proposed to be n
He added that the portion of
In examining
He added that every user of
Follow-
E. STREET IMPROVEMENT NO. BA-~ IN THE FOLLOWING:
York Avenue from 14. 69tF Street- to W. 70th Street
West 70th Street from France Avenue to Xerxes Avenue
I-
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$144,708.88, proposed to be assessed against 5,375.55 assessable feet at $26.97
per assessable foot against estimated assessment of $32.02 per assessable foot.
No objections were heard and none had been received prior thereto.
Resolution Ordering Assessment later in Minutes.)
F. STREET OIL STABILIZATION NO. 0-78 IN THE FOLLOWING: I"
Xerxes Avenue from West 66th Street to West 69th Street
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$1,357.22, proposed to be assessed against 1,859.20 feet at $0.73 per assess-
able foot against estimated assessment of $0.93 per assessable foot.
ions were heard and none had beengregented-ptiar thereto.
Ordering Assessment later in Minutes.)
G. STREET OILING 1973 IN THE FOLLOWING:
(See
No object-
(See Resolution s
W. 56th Street between Bernard Place and Dale Avenue
Mr. Hyde presented Analysis of Assessment showing total assessable cost at
$259.98, proposed to be assessed against 452.66 assessable feet at 58C per assess-
able foot. No objections were heard and none had been received prior thereto.
(See Resolution Ordering Improvement later in Minutes.)
H. STORM SEiJER IMPROVEMENT NO. 131 IN THE FOLLCGIING:
Easement line in South 20,feet of Lop 11, Block 2, Richmond Hills Second
Richwood Drive from easement line to 160 feet 2 North
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$12,963.21, proposed to be assessed against 382,509 square feet in the General
Assessment District at $0.026047 per assessable square foot against estimated
assessment of $0.03526.
Benefit Area,. $500 of which is proposed to be assessed against Lot 9, Block 2,
Richmond Hills 2nd Addition, owned by Mr. Edward Getsch, and $2,500 of which
is proposed to be assessed against Lot 11, Block 2, Richmond Hills 2nd Addition,
owned by Mrs. Jeanne B. LeBaron.
improvement, a ravine ran thru the LeBaron property and carried surface water
Addition from pond to Richwood Drive ,
$3,000.00 is proposed to be assessed against a Special
Mr. Dunn explained that previous to the
9 /17 /73
to a low spot in the rear of the Getsch property which low spot was used as a
skating rink in the winter. llr. Dunn added that, as a part of the improvement,
a low dyke had been constructed which now prevents water from draining on to
the Getsch property.
ment until he received notice that he would be assessed for $500 (in addition
to $78.14 as his share in the General Assessment District) which he believed
should have been assessed to Mrs. LeBaron. Mr. Getsch contended that it is
illegal to divert water onto private property and that his lot was ruined for
the winter time. Mr. Dunn recalled the history of the improvement, stating
that, at the Improvement Hearing, considerable discussion had ensued as to
the erosion caused by surface water running over Mrs. LeTBaron's property.
recalled further that the pipe was installed along a 20 foot easement along
the South Sine of the LeBaron property. No easement exists over the Getsch
property.. It was brought out that if the improvement had not been installed,
the water would have gone over the Getsch property in the summer but not in
the winter. Mr. Thomas O'Meara, attorney representing Mrs. LeBaron, was told
that Mrs. LeBaron's property was proposed to be assessed only for the extraord-
inary benefit. Mr. O'Meara advised that Mrs. &Baron does not believe that she
should be specially assessed and that, in the past, the water has flowed
unnaturally through her property. Councilman Johnson pointed out, with the
construction,of the improvement, that an additional buildable .lot now exists.
In- reply to a question of Mr. O'Meara, Mr. Eri&son said that the Village would
RO& accept any responsibility for the water in kts present location, since the
Village has not created the pond.
said that the Village could move the dike back on its easement, He also said that
he wanted to be reimbursed for his land and fill. Councilman Johnson then offered
the following Resolution Ordering Assessment and moved its adoption:
Mr. Getsch said that he had not been unhappy with the improve-
He
Following considerable discussion, Mr. Getsch
RESOLUTION ADOPTING AND CONFIIQlING
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
TJATERMAIN. IMPROVEMENT NO. TW-275
STREET IMPROVEMENTS NOS. BA-138 AND BA-151
STREET OIL STABILIZATION IMPROVEMENT NO. 0-78
SANITARY SEVER IMPROVEMENTS NOS. SS-303 AND SS-306
STORM SEWER IMPROVEMENT NO, ST. S . - 13 1
STREET OILING - 1973
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows :
1.
assessment rolls for the improvements hereinafter-xeferred to, and at such hear-
ing held on September 17, 1973, has considered all oral.and written objections
presented against the levy of such assessments.
2. Subject to the amendments made in paragraph 3 of this resolution, each of
the assessments as set forth in the assessment rolls on file in the office of
the Village Clerk for Sanitary Sewer Improvements
Watermain Improvement No. VM-275, Street Improvements Nos. BA-138 and BA-151,
Street Oiling Stabilization Improvement No. 0-78, Storm Sewer Improvement No.
ST.S.-131 and Street Oiling - 1973 does not exceed the local benefits conferred
by said improvements upon the lot, tract or parcel of land so assessed, and all
of said assessments are hereby adopted and confirmed as the proper assessments
on account of said respective improvements to be spread against the benefited
lots, parcels and tracts of land described therein.
3. Said Assessments are hereby amended as follows: Sanitary Sewer No. 303
shall be levied over 20 years, rather than over ten years and 1 connection for
Lot-3 and part of Lot 4, Auditor's Subdivision 325 shall not be levied at this
time and six connections for Lot 11, Auditor's Subdivision 325, shall not be .
levied at this time; Watermain No. 275 shall be levied over 20 years, rather
than over ten years and 1 connection for Lot 3 and part of Lot 4, Auditor's
Subdivision 325 shall not be levied at this time. The said assessments for
S-anitary Sewer SS-303 and Watermain WM-275 shall not be levied until a later date
until such time as the property is developed and*the owners shall execute and
deliver to. the Village an agreement prepared by the Village Attorney to that
effect,
4. The assessments shall be payable in equal annual installments, the first of
said installments, together with interest at the rate of 5% per annum on the
entire assessment from the date hereof to December 31, 1974 to be payable with
the general taxes for the year 1973.
be as follows:
The Village has given notice of hearings as required by law on the proposed
Nos. SS-303 and SS-306,
.
The number of such annual installments shall
Sanitary Sewer Improvement No. 303 20 years
Watermain Improvement No. WM-275 20 years
Sanitary Sewer Improvement No. SS-306 10 years
Street Improvement No. BA-$38 10 years
Street Improvement No. BA-151 10 years
Street Oil Stabilization No. 0-78 5 years
9 /1717 3
Street Oiling - 1973 1 year
Storm Sewer No. ST.S.131 10 years
5.
a copy of this resolution and a certified duplicate of said assessments, with
each then unpaid installment and interest set forth separately, to be extended
on the tax lists of the County in accordance with this resolution.
6.
payable by a county, by a political subdivision or by the owner of any right-
of-way, as required by Minnesota Statutes, Section 429.061, Subdivision 4,
and if any such assessment is not paid in a single installment, the Village
said section.
Motion for adoption of the resolution was then seconded by Councilman Van
Valkenburg and on rollcall there were four ayes and no nays and the resolution
Councilman Van Valkenburg then. offered the following resolution and moved its
adoption:
DETERMINING TOTAL ANOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS
OF TAX FORFEITED LANDS IF SUCH PROPERTIES -HAD BEE% SUBJECT TO ASSESSMENT AT THE
TIME OF DETEIIMINATION BY THE VILLAGE COUNCIL OF THE FOLLOVING SCHEDULqS AND
DIRECTING THAT THE VILLAGE CLERK PREPARE AN ABSTRACT SHOWING THE DESCRIPTION
OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE
TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN
SUBJECT TO ASSESSMENT: AND DIRECTING SAID VILLAGE CLERK TOCERTIFY THAT SAME TO
THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF CHAPTER 394, MINNESOTA LAWS OF
The Village Clerk shall forthwith prepare and transmit to the County Auditor
The Clerk shall also mail notice of any special assessments which may be
. Treasurer shall arrange for collection thereof in installments, as set forth in
' was adopted.
RESOLUTION
1941.
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota:
WHEREAS, at the time of-the determination of the Village Gouncil of the Village
of Edina of the total amounts of money to be assessed in the proceedings of the
improvement listed below, certain parcels of land had been forfeited to the
state and were therefore not subject to assessment:
NOW, THEREFORE, pursuant to Chapter 394, Laws of Minnesota 1941, the Village
Council does hereby determine that each of the parcels of land hereinafter
described would have been assessed the amounts set opposite each such described
parcel, if such parcel had not been tax-forfeited land and therefore not
subject to assessment, and the Village Council does hereby determine that
each of said parcels has been benefited in an amount equal to the amount set
opposite each of said parcels:
?lat Parcel Lot Improvement Amount
Richmond Hills 3rd 76882 6020 Pt. 12 Street Oiling 1973 $57.00
The Village Clerk is hereby directed to make an abstract showing the description
of each parcel of land forfeited to the state for non-payment of taxgssat the
time of the determination by the Village Council of the amounts to be
assessed in these proceedings, and showing, in accordance with this resolution,
the total amount that would have been assessed against each parcel of land if
it had been subject to assessment. The said Village Clerk shall certify such
abstract to the County Auditor of Hennepin County for presentation to the Board
of County Commissioners of Hennepin County.
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.
BRAEMAR PARC PRELIMINARY PLAT CONTINUED TO OCTOBER 1, 1973. As recommended by
Mr. Luce, Councilman Johnson's motion was seconded by Councilman Courtney and
carried continuing public hearing for Braemar Parc to October 1, 1973.
Addition -
FOTOMAT CORPORATION REQUEST FOR YORKTOWN ESTABLISHMENT DENIED. Mr. James
Stralla, attorney for Fotomat Corporation, and Mr. Gary Mamma, also represent-
ing Fotomat Corporation, presented pictures which had been requested by the
Council at its meeting of August 6, 1973, which, they said, indicated the type
of walk-up structure that Fotomat Corporation had used in other locations.
Mayor Bredesen said that he believed that the pictures were'fneaningless". Mr.
Stralla said that they could only give their personal guarantee that the fac-
ility would be operated as a walkyp and that the building would conform with
the Village ordinances and the shopping center requirements.
with Fotomat Corporations as to the shoftage of parking spaces which exist in
Fashion Center. Mr. Stralla recalled that their request was denied by the
Board of Appeals and Adjustments on seven issues,, four of which they had agreed
with.
gas 'station because of the short,age of parking spaces.
of Co.uncilman Johnson as to the plans of the building, Mr. Stralla explained
that they use a standard pre-fabricated building in all construction and that
Discussion ensued
Mr. Luce'brought out that Target Stores had been denied a permit for a,
In response to questions
220. 9/ I7 /73
#
this building would not be altered-because of the walk-up type operation.
Mayor Bredesen expressed concern that there is no way to police the establish-
ment to keep customers from driving within a few feet of the building and
causing a traffic problem.
Vernon Avenue store have not been resolved indicates poor faith by Fotomat.
Mayor Bredesen also suggested that the number of trip generations per day
could well exceed the original concept of the entire area. Mr. Stralla sdid .
that Fotomat Corporation would consider themselves lucky if they had fifty
cars per day at the Vernon Avenue &ore.
the location of the Fotomat store in the Yorktown Fashion Center be denied on
the following bases:
operation;
and this store will cause loss of additional spaces;
would exceed permissible trip generation.
motion.
Council, rather than file a lawsuit, if the parking space estimate of the Vill-
age proves to be incorrect. The motion carried.
He advised-that the fact that the problems at the
Councilman Johnson then moved that
1) The store will draw cars and is a drive-in type
2) Yorktown Fashion Center parking lot is already 80 spaces short
3) The generated traffic
Eoun25lman Courtney seconded the
Mr. Stralla asked if it would be possible to come back before the
CONTRACTS AWARDED FOR STREET IMPROWBENT C-113 AND STORM SEWER ST.S-135. Mr.
Hyde recalled that the award of bid for Street Improvement C-113 (Xerxes Ave.
cul-de-sac) and Storm Sewer Improvement ST.S.-135 had been continued to this
meeting.
by Councilman Johnson and carried awarding contract for ST.S.-135 to G.L. Con-
tracting, Inc., recommended low bidder, at $11,891.52 and to Riegger Roadways,
Inc. -for Street 'improvement C-113 for $21,516 .SS.
*
As recommended by Mr. Dunn, Councilman Courtney's motion was seconded
I.
VATElWKLN b4PROVEtENT IJM-286 BIDS AWARDED AND PROJECT AUTHORIZED ON 100%
PETITION. Mr. Dunn presented tabulation of two bids received for Watermain
Improvement No. VM-286.
Mefro Sewer &Water Co. lop7 bidder at $5,337.50 and Q.R.S. Construction, Inc.
at $6,867.50. Councilman Johnson's motion for award to recommended low bidder,
Metro Sewer & Vater Co.,was seconded by Councilman Van Valkenburg and carried.
Councilman Johnson thereupon offered the following Resolution Ordering Improve-
ment and moved its adoption:
RESOLUTION ORDERING WATERMAIN IMPROVEMENT NO, TJM-286
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
lt ing the Council to construct a watermain improvement on Bridge Lane between
Townes Road and Arden Avenue, and to assess the entire cost against the pro-
perty of petitioners,.and that said petition has been signed by all owners of
real property abutting on said street where said improvement is to be located.
2. . The making of said improvement ih accordance with said petition is hereby
qrdered pursuant to Minnesotza Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2).
be referred to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO.
1GI-286.
against the properties abutting on said Bridge Lane where said improvement
is to be located.
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.
DOG ORDINANCE AMENDMENT REQUESTED. Mr. Hyde called Council's attention to a
letter from Mrs. Mina Adamovich, 4610 Bruce Ave., requesting more stringent reg-
ulations and strict& enforcement of the drdinance controlling activities of '
dogs.
patrollea areas in the Village but that he would alert the Animal Control Offi-
cer to be even more watchful.
Tabulation showed The Other Sewer'& Water Company dba
'
I follows :
It is hereby found and determined that a petition has been filed request-
Said improvement is hereby designated and shall
The entire cost of said improvement is hereby ordered to be assessed
Mr. Hyde advised that Mrs. Adamoviclz's area is one of the most heavily
TRAFFIC SIGN~~~LS AT VALLEY VI& ROAD/COUNTY ROAD 18 UNDER CONSIDERATION BY HIGH- I. WAY DEPABTMENT,
from the Hennepin County Highway Engineer in which the intention of installing
temporary traffic signals at the intersection of County Road 18 and Valley View
Road was expressed.
installation of traffic signals.
and tHat'he'would like .to g0"on'recor.d as suggesting that. the median be closed
by means of a barricade so that left turns could not be made.
traffic signals would only cause additional accidents at the intersection.
Dunn said that the County is aware that the signals are no6 the'uttimate
answer but that it would be an improvement to the intersection.
Johnson told Mr. Buck that the Village does not have the authority to close the
median on a County Road. No action was taken.
Council's attention was called to a letter to Research, Inc.
Mr. M5Chael-BuCk; A939 Valley View Road, objected to Phe
He said that he represented Reaction, Inc.,
He said that
Mr.
Councilman
9/17/73.
k Ei
VILLAGE HALL AIR CONDITIONING BID
Attorney had reviewed bids received for the Village Hall Air Conditioning and
that he had confirmed that the award to low bidder, Bostrom Sheet Metal, Inc.,
had been legally made.
CONFIRMED. Mr. Dalen advised that the Village
TRAFFIC SAFETY COMMITTEE MINUTES OF SEPTEMBER 12, 1973, APPROVED: CREEK VALLEY
SCHOOL TRAFFIC SIGNAL REQUEST REFERRED BACK TO TRAFFIC SAFETY COMMITTEE. Mr.
Dunn advised Council that a twenty-four hour traffic count on Gleason Road
between McCauley Trail and Indian Hills Pass between 8:OO a.m. September 13 and
8:OO a.m. September 14 indicated a count of 4,863 vehicles which figure compares
to a count of 1,620 indicated by the 1972 traffic map. Mr. Dunn said that the
Police Department figures indicated that.this count is legitimate. Councilman
Johnson then moved that the matter of Creek Valley School traffic signals be
re-referred to the Traffic Safety Committee along with a letter from Creek Valley
School Principal, John T. Moynihan, which also requested traffic control signs
at Creek Valley Road and Indian Hills 'Pass intersection on Gleason Road.
was seconded by Councilman Van Valkenburg and carried.
motion that that the Traffic Safety Committee Minutes of September 12, 1973, be
approved, with the exception of the Creek Valley Schoal traffic signal request.
Motion was seconded by Councilman Van Valkenburg and carried. Mayor Bredesen
said that residents should be aware that if Valley View Road should be closed
off at County Road 18, the CaaEfic count taken on Gleason Road would be at
least doubled. Mr. Robert M. Brockway, 6927 Valley View Road, said that what
neighbors were concerned about was not the local txaffic, but the traffic that
starts in Eden Prairie and goes thru Edina.
Motion
U
Councilman Courtney's
VOTER REGISTRATION TO BE TAKEN AT FIRE STATION.
legislation aaopted by:'the:l973'.M,5nnesota.State Legislature, Councilman Courtney
offered the following resolution and moved its adoption:
In accordance with eleCti6n '
-
RE SOLUTION
BE IT RESOLVED that the Edina Village Council designate the Edina Fire Station
located at 6250 Tracy Avenue as an additional location for the registration of
voters.
Motion for adoption of the resolution was seconded by Councilman Van Vglkenburg
and on rollcall there were four ayes and no nays and the resolution k7as adopted.
MINNESOTA COMBINED CITY/VILLAGE CODE CONTINUED.
was seconded by Councilman Van Vdlkenburg and carried continuing the decision1
on the Pfinnesota Combined CitytVillage Code until the Village Attorney'keceives
the opinion from the Attorney General which he has requested.
..
Councilman Courtney' s motion
METROPOLITAN TRANSIT COMMISSION PASSENGER SHELTER COOPERATION AGREEMENT APPROVED.
Mr. Hyde advised that the Village Attorney has approved an agreement with the
Metropolitan Transit Commission under which the Village would furnish right-
of-way for the location of passenger waiting shelters and-knder which the loca-
tions would require approval by the Village Manager. Mr. Hyde advised that it
is proposed to install shelters at 6417 Barrie Road, and on the Southwest corners
.of Valley View Road and Wooddale Avenue and Tracy and Benton Avenues.
added that he is recommending location of an additional shelter at Cahill Road
and W. 70th Street.
was then seconded by Councilman Van Valkenburg and onL.r69lcall there were four
ayes and no nays and the motion carried.
Mr. Hyde
Councilman Courtney's motion for approval of the agreement
CICERO'S ON-SALE BEER LICENSE CONTINUED.
tion for On-sale Beer License for Cicero's which proposes to open a restaurant
in the old National Food Store at Valley View Road and Wooddale Avenue and that
organ music would be played.
there are private homes immediately north of the propos&d location but that zon-
ing for the property would permit such an establishment. Mr. Michael BeLknap,
applicant for the license, said that the pipe organ is needed for the business
to exist. He and Mrs. Belknap described their operation in Har Mar and discussed
methods of deadening sound from the organ. It was also brought out that there is
a large apartment building across Valley View Road fmom the proposed site.
Following considerable discussion, Councilman Van Valkenburg suggested that
the Building Department check the construction of the building.
Belknap agreed to share the cost of a sound investigation with the Village,
provi.ded the cost was not excessive.
how much such an investigation 97OUld be and let them know.
Mr. Hyde advised Council of an applica-
Council's attention was called to the fact that
Mr. and Mrs.
Mr. Hyde told them that he would find out
TARGET FOODS, INC., OFF-SALE BEER LICENSE APPROVED. Motion of Councilman Van
Valkenburg was seconded by Councilman Courtney and carried approving the
application of,Jonathan Stores, Inc., d/b/a/ Target Foods, Inc., for Off-sale
Beer License at their new Yorktown store.
7229 9/17 /73
SANITARY SEUER IMPROVEMENT NO. SSt312 AUTHORIZED ON 100% PETITION. Mr. Dunn
advised Council that the Danens organization has agreed to grant an easement
over their property so that the Prospect Hills Storm Sewer can be extended
and so that six sanitary sewer connections can be connected to the Village’s
sanitary sewer system, provided no assessment would be levied until their pro-
perty is deveEoped. Councilman Van Valkenburg thereupon offered the following
resolution and moved its adoption.:
RESOLUTION ORDERING SANITARY SEWER IMPROVEMENT NO. SS-312
UPON PETITION THEREFOR
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as
follows :
1.
ing the Council to construct a sanitary sewer improvement across Lot IG,
Prospect Hills and the part of the West 8 acres of the Northeast 1/4 of the
Northwest 1/4 of Section 8, Township 116, Range 21, lying South of the North
255 feet thereof, and to assess the entire cost against the property of peti-
tioners at such time as the property it crosses is developed, and that said *
petition has been signed by all owners of real property abutting on said pro-
perty where the .improvement is to be located.
2.
ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of
1961, Chapter 525, Section 2). Said improvement is hereby designated and
shall be referred to in all subsequent proceedings as SANITARY SENER IMPROVE-
MENT NO. SS-312. The entire cost of said improvement is hereby ordered to be
assessed against the properties abutting on said property where said improve-
mentis to be located.
3. Kifhorization of this improvement is conditioned upon execution of a
special agreement between the owners of the property abutting said improvement,
which agreement shall be put of-record by the Village Attorney.
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.
It is hereby found and determined that a petition has been filed request-
The making of said improvement in accordance with said petition is hereby
METXOE0LITA”LEP;GUE OF MUNICIPALITIES MEETING on September 19, 1973, will be
attended, with Mr. Hyde advising that he will see that the Village is repres-
ented.
UNITED NATIONS WEEK DECLARED. $s ,l;ekbmmended by Mayor Bredesen, Councilman
Van Valkenburg offered the following resolution and moved its adoption:
WHEREAS, in recognition of the greatly increased interdependence of the world
in this age of nuclear power, pollution, hunger; and
WHEREAS, realizing that the common interests of man can only be met through
world cooperation; and
WHEREAS, seeking to free mankind from the curse of war and to harness all
available sources of energy and knowledge to the service of man’s needq;-land
VHEREAS, aware that we can best serve our city, county, state and nation when
we also think and act as world citizens:
NOV, THEREFORE, BE IT RESOLVED that we, the Edina Village Council, recognize
the sovereign right of our citizens to declare that their citizenship
responsibilities extend beyond our state and nation.
other concerned people of the world in a declaration that we share in this
world responsibility and that our citizens are in this sense citizens of the
world.
anent peace based on just world law and to the use of world resources in the
service of man and not for his destruction; and
BE IT FURTHER RESOLVED that as a symbol of our obligations as world citizens,
we proudly display the United Nations flat with the United States flat at the
main entrance to the Edina Village Hall and urge other municipalities to do the
same. (Mr. James H. Fishbaugher was appointed United Nations Week Chairman.)
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.
mRITAGE PRESERVATION ORDINANCE CONTINUED FOR REVISION BY VILLAGE ATTORNEY.
Councilman Van Valkenburg’s motion was seconded by Councilman Johnson and car-
ried continuing consideration of the Heritage Preservation Ordinance for revis-
ion by the Village Attorney.
ORDINANCE NO. 11(31-A2 GRANTED FIRST READING. Councilman Johnson offered the
following ordinance for First Reading:
RESOLUTION
We hereby join with
We pledge our efforts as world citizens to the establishment of perm-
I
ORDINANCE NO. 1101-A2
AN ORDINANCE AMENDING ORDINANCE NO. 1101 TO ESTABLISHING
CHARGES FOR CONNECTION TO T-HE MUNICIPAL SANITARY SEWER
SYSTEM AND TO REQULRE CONNECTION CHARGES WHEN R-2
DISTRICT LOTS ARE SUBDIVIDDD
9/17/73
TF xa
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
5, 6 and 7, which shall read as follows:
Section 1.
"Sec. 5. Policy Regarding Connection Charges.
Charges for connections to the sewer system may be fixed by reference
to the portion of cost thereof which has been paid by assessment of the
premises to be connected, in comparison with other premises, as well as
the cost of making or supewising the connection.
be made payable in installments.
lessee or occupant, or all of them.
thereof not paid when due and remaining unpaid at the time when the annual
tax levy is transmitted to the County Audifor may be certified to the
County Auditor with taxes against the premises served for collection as
other taxes are collected.
"Sec. 6. Connections to Trunk Sewermains.
It is the policy of the Village to levy special assessments on properties
abutting upon lateral-sewer mains for payment of the entire cost of such
mains. In the case of trunk sewer mains capable of direct connection
to structures on abutting property, it is the policy of the Village to
require a portion of the cost thereof approximately: equal Eo the cost
of construction of a lateral sewer main at the same time and place
of construction of a lateral sewer main at the same time and place
(referred to herein as ZPlateral cost*') to be paid either by the levy If
special assessments upon such property, or by a charge made at the time
of the connection thereof to the main; the remaining cost (referred
to herein as "trunk cost") being assessed, so far as considered
equitable, upon all properties deemed capable of connection with the
trunk mail either directly or through' laterals.
no mally nine inches in diameter, and trunk mains include all of larger
diameter.
main receive no special assessment for payment of a share of the lateral
cost thereof, whetheg or not such properties are assessed for the trunk
cost of the main, the Conncil shall by resolution determine the amount
per front foot of the property abutting thereon which is necessary to be
paid to reimburse to the Village the lateral cost which has not been
assessed, and upon application for connection of any such premises to
the trunk main, a connection charge shall be due and payable to the
Village, equal t6 tlje ctjst s6 determkined fbr tbe frhhtage of the pre-
mises.
of the trunk sewer main improvement involved or, if such improvement
has been financed by the issuance of bonds, to the Improvement Bond
Redemption Fund.
"Sec. 7. Connection Charges for Subdivided Lots in R-2 District.
Whenever any lot in an R-2 District of the Village is hereafter sub-
divided pursuant to subparagraph (c) of Sec. 3 of Ordinance No. 801
and subparagraph 8 of Sec. 4 of Ordinance No. 811, a connection charge
shall be made pursuant to Sec. 5 of Sec. 6 of this Ordinance, which-
ever is applicable, at the time such subdivision is approved by the
Village, against each parcel into which such lot is so subdivided, less,
however, any such connection charges made against that lot prior to such
subdivision. ''
Sec. 2. This Ordinance shall be in full force and effect upon its pass-
age and publication.
That Ordinance No. 1101 be amended by the addition of Sections
Any such charge may
It shall be payable by the owner,
Any connection charge or installment
Lateral sewer mains are
In all cases where any premises abutting on a trunk sewer
All connection charges so received shall 'be credited to the fund
ORDINANCE NO. 311-A4 GRANTED FIRST READING. Councilman Johnson offered the
following ordinance for First Reading:
ORDINANCE NO. 311-A4
AN ORDINANCE AMENDING ORDINANCE NO. 311 PROVIDING FOR
LICENSING OF DOGS AND IMPOUNDING OF ANIMALS TO DETERMINE IF RABID
TGE VTCUGE CDUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
thereto the following :
"All dogs, to be licensed hereunder, must have proof of rabies vaccination
within the current year. Is
Section 2.
as follows:
"(h)
for at least 10 days, separate,and apart from other animals, under the super-
vision 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 not eound rabid, it shall be returned to the owner provided the owner
shall first pay for the cost of keeping it.
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.
Sec. 2 of Ordinance No: 3il is hereby amended by adding
Section 16(h) of Ordinance No, 311 is hereby amended to read
Any animal that has bitten a person shall be taken up and impounded
If the owner does not pay such
I 224 9/17/73
If proof of rc-ies vaccination within the past 12 mont..s for SUL animal is pro-
duced by the owner, the animal may (be quarantined at the owner's residence for
10 days.
inarian, If the animal is found rabid, it: shall be destroyed.'' .
by 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 provision for a
suitable quarantine for a period of not less than six months, or proof of
immunization is furnished and booster5njections are given by a licensed veter-
inarian at the expense of the owner-."
passage and publication. .
At the end of 10 days the animal must be checked by a licensed veter-
Section 3. This ordinance shall be in full force and effect upon its
BIDS AUTHORIZED FOR VARIOUS IMPROVEMENTS.
man Van Valkenburg offered the following resolution and moved its adoption:
As recommended by Mr. -Dunn, Council-
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTIhY: ADVERTISEMENT FOR BIDS
FOR SANITARY SEIJER IMPROVEMENTS NOS. SS-397 AND SS-309
AND VATERMAIN IIIPROVENENT NO. VMs268
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA:
1,
lowing Advertisement for Bids form, heretofore prepared by the Village Engineer
and now on file in the office of the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction
Bulletin the following notice for bids for impr0vement.s:
Plans and specifications for the proposed improvements set forth in the fol-
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISENENT FOR BIDS
FOR SANITARY SEWER IMPROVEMEmS NOS. SS-297 AND SS-309
AND WATERMAIN IMPROVEMENT NO. WM-268
BIDS CLOSE OCTOBER 12, 1973 *
SEAJXD BIDS will be received and opened in the Council Chambers in the Edina
Village Hall, 4801 W. 50th St., at 11:OO a.m., Friday, October 12, 1973, and
the Edina Village Council will meet at 7:OO p.m., Monday, October 15, 1973, to-
consider said bids for the construction-of Sanitary Sewers and Water Main.
following are approximate quantit5es of major items :
The
285 L/F, 91B V.C.P. 0-12' Depth
1933 L/F, 8" D.I.P. 0-Ujr Depth
1180 C/Y, Riprap
1500 L/F, 12" D,I.P, Water Nain
50 LkF, 6" D.1.P- Water Main
13 Standard Nanholes
2 Standard Hydrants with 6" Rate Valves
1500 S/Y, Sod
Bids shall be in a sealed 5nvelope with a statement thereon showing the work
covered by the bid.
of Edina, 4801 PI. 50th Street, Edina, Minnesota 55424, and may be mailed or sub-
mitted personally to the Village Engineer.
eer, either through the mail or by personal submission, after the time set for
receiving them may be returned unopened.
Work must be done as described in the plans and specifications on file in the
office of the Village Clerk.
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 pay- ..
able to the Village Clerk in the amount of at least ten (10) percent of amount
of base bid. The Village Council reserves the right to reject any or-all bids.
BY OXDER OF THE EDINA VILLAGE COUNCIL.
Bids should be addressed to the Village Engineer, Village
Bids received by the Village Engin-
Planssand specifications are available for a
No bids will be considered
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was seconded by Gouncilman Johnson and
on rollcall there were four ayes and no nays and the resolution was adopted.
XN.& S. TRAIN SPEED INVESTIGATION REQUESTED OF PUBLIC SERVICE COMMISSION. Mr.
Robert Malby; 6517 Limerick Drive, presented a petition signed by residents of
the Village whose property adjoins the M,N.& S,Railroad tracks, requesting the
reduction of speed of M.N.& S. trains, which petition noted a train'accident
on September 15. Mr. Hyde reviewed speed checks which had been made of trains
indicating that trains were within the legal speed limit at the time of the
check. It was suggested that consideration should be given to lowering the
9/17./73 225
I
t4 w
speed.of trajns.;! Following some discussion, Councilman Johnson offered the
following resolution and moved its adoption:
RESOLUTION
WHEREAS, it has been brought to the attention of the Edina Village Council that
complaints have been received as to the speed of trains on the Minneapolis,
Northfield and Southern Railroad tracks; and
IWEREAS, on September 15, 1973, a train was derailed at the rear of 7175 Cahill
Road, which derailment is a matter of concern to the Edina Village Council;
and
VJAEREAS, increased development adjacent to the Minneapolis, Northfield &
Southern tracks since the last determination as to a speed limit should be
considered in a new evaluation of tbe speed'af trains through the Village of
Edina;
NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council requests that the
Public Service Commission of the State of Minnesota conduct an investigation to
determine whether or not trains have been'exceeding the speed limit of 35 miles
per hour; and
BE IT FURTmR RESOLVED that the Edina Village Council requests that the Public
Service Commission of the State of Minnesota' study further to determine whether
or not a lowering of the speed limit would contribute further to safety of *
residents of the Village of Edina.
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.
I
k CLAIMS PAID.
and carried for payment of the following Claims as per We-List:
$42,013.49;'Construction Fund, $164,603.87; Park Funds, $18,879.51; Water
Fund, $22,499.84; Liquor Fund, $88,448.83; Sewer Fund, $565.74; Improvements,
Motion of Councilman Johnson was seconded by Councilman Courtney
General Fund,
+ $93.50; PIR and Poor, $42,00; Total, $337,146.78.
. No further business appearing, Councilman Johnson's motion for adjournment was
seconded by Councilman Courtney and carried. Adjournment at 9:05 p.m.
I A G/
Village Clerk
T