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MINUTES OF THE REGULAR MEETING OF THE
EDINA CITf COUNCIL HELD AT CITY HALL ON
FEBRUARY 3, 1975'
Answering rollcall were members Richards, Schmidt, Shaw and Courtney who served as
Mayor Pro Tem in the absence of Mayor Van Valkenburg.
MINUTES of December 30, 1974, January 6, 8 and 13, 1975, were approved as submitted
by motion of Councilwoman Schmidt, seconded by Councilman Richards and carried.
PUBLIC HEARINGS CONDUCTED ON STREET IMPROVEMENTS P-BA-202 AND P-A-175.
recalled that the following improvements had been continued from January 6, 1975:
Mr. Hyde
A. CONSTRUCTION OF GRADING ,. 'GMVELING , CONCRETE CURE AND GUTTER, PERMANENT STREET
SURFACING, CONCFETE SIDEWALK., BRIDGE AND STORM SEWER IMPROVEMENT NO. P-BA-202 *
IN THE FOLLOWING:
Dovre Drive from Parkwood Lane to Lincoln Drive (Access to the Dominick Road/
County Road 18 Interchange presently under construction)
Mr. Dunn recalled that, at the meeting of January 6, 1975, the hearing on Street
Improvement P-BA-202 had. been approved in concept and continued to this meeting
to determine the feasibility of relocating the extension of Dovre Drive Northerly
thru Lot 3, Block 1, proposed Parkwood Knolls 19th Addition. Mr. Dunn said that,
because of the 15% grade at that location, the road would be impossible to use
except in the most favorable weather conditions. He said that the Rauenhorst
Corporation had requested that the matter be continued to the next meeting so that
they could give the use of their property more consideration.
that the project be approved, but that options as to the exact location of the
road be kept open until discussion of the Parkwood Knolls 19th Addition later in
this meeting.
said that, with the approval of the Council and the Rauenhorst Corporation, the
trees could be saved by going to the North on the East side of the creek, but that
the trees on the West side of the creek could not be saved in any event. Council-
man Richards suggested that the Dovre Drive extension could be constructed between
Field Way and the existing Dovre Drive and was told by Mr. Dunn that the grade at
this location would be too steep. Mr.'Dunn suggested the possibility of making
Dovre Drive from Biscayne Blvd. to'Parkwood Lane a one way westbound street which
would keep traffic from entering the area from the West. Reference was made to
a letter from Mr. Karl F. Diessner which alleged that the proposed improvement
would have no benefit to persons living on Knoll Drive and that the'proposed
extensive assessments against non-benefitted properties will result in litigation".
Mrs. Helen McClellan of the Parkwood Knolls Traffic Association said that one-way
roads would be awkward.
said that she could see no reason to hold up the improvement any longer.
woman Schmidt's motion authorizing the bprovemeilt and leaving the exact location
to the discretion of the Engineer was then seconded by Councilman Shaw and carried.
(See Resolution Ordering Improvement later in Minutes.)
5713 Camelback Drive, was told that any recommendations on whether the road would
be a one-way road would come from the Traffic Safety Comiiittee.
E. CONSTRUCTION OF GRADING, GRAVELING AND BITUMINOUS STREET SURFACING IEPROVEMENT
Mr. Dunn recommended
In response to a question of Mayor Pro Tem Courtney, Mr. Dunn
'
She suggested that a two-way street be tried first and
Council-
Dr. William Chandler,
NO. P-A-175 IN THE FOLLOWING:
Malibu Drive extended North from Parkwood Knolls 15th Addition, and Westerly
to Lincoln Drive (Access to the 7th Street/County Roaa 18 Interchange presectly
under construction)
Mr. Dunn recalled that Street-Improvement No. P-A-175 had been continued from the
meeting of January 6, 1975, 'so._that:-the overall plan for the area in question
could be reviewed to determine existing and proposed road alignments. Mr, Dunn
said that, after'talking with the Hansens about future development of the area,
he believed that it would be a restraint on the development of the property to
push the road through at this time. Mr. Jack Rice of the Park Board said that
he hoped a road would not. be an- encumbrance .on where a park might eventually go and
and said that any road West of Malibu Drive extended straight North would not
interfere with any plans of the Park Board.
of the cemetary should be clarified before any final decision is made and
requested that the Hansens make a firm commitment as to the location of the park-
land dedication before their next plat is approved. In response to a question of
Mayor Pro Tem Courtney, Mr. Rice said that it was his understanding that Mr.
Hmsen had agreed that the entire 100 acre area would be platted at one time.
Mr. Dunn explained that the proposed rcad would not be used for access to South-
bound County Road 18 until the highway is completed in approximately 1% years and
that it would be two or three years before the Northerly portion of County Road
18 is completed ghr? the City of Hopkins. He added that it will probably be 1979
before County Road 18 is entirely completed in the area and that, therefore, there
is no particular rush in constructing the proposed street improvement.
Mr. Rice suggested that the future
Mr.
2/3/75
Harvey Hansen, developer of the area, said that his company is prepared to proceed
with the master plan at this time but will not be able to commit themselves defin-
itely for a few months.
but that it must be built where it will fit with the master plan. Councilman Shaw
requested that the staff make its plans for the Westerly extension of Interlachen
Blvd. known to the Council.
the master plan for the area.
must order an improvement within six mon+,hs from the date of a hearing, Mayor Pro
Tem Courtney said that, if Interlachen Road is included, there would need to be a
new hearing. Councilman Shaw then moved that Street Improvement No. P-A-17.5 be
tabled to June 16, 1974, to see what action is taken on the-master plan for the
area. The motion was seconded by Council.woman Schmidt and carried. Councilwoman
Sc'midt thereupon offered the following resolution and moved its adoption:
BE IT RESOLVED by the Council of the C%ty of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of
each parcel within the area proposed to be assessed on the following proposed
improvement:
He agreed that there should be a road out to County' Road 18
Mr. Dunn explained that these plans would be a part of
In response to Mr. Erickson's remark that Council
.
1. I RESOLUTION ORDERING IMPROVEMENT NO. BA-202
CONSTRUCTION OF GRADING, GRAVELING, CONCRETE CURB AND GUTTER, PERMANENT STREET
IN THE FOLLOWING:
SURFACING, CONCRETE SIDEWALK, BRIDGE AND STORM SEWER IMPROVEMEHT NO. BA-202
Dovre Drive from Parkwood Lane to Lincoln Drive (Access to the Dominick
Road/County Road 18 Interchange presently under coilstruction)
and at the hearing held at the time and place specified in said notice, the Council
has duly considered the views of all persons interested, and being fully advised
of the pertinent facts does hereby determine to proceed with the construction of
said improvement, leaving the exact location of the road to the discretion of the
Engineer, including all proceedings which may be necessary in eminent domain €or
the acquisition of necessary easements and rights for construction and maintenance
of such improvement; that said improvement is hereby designated and shall be
referred to in all subsequent proceedings as STREET IMPROVEMENT NO. BA-202; and the
area to be specially assessed therefor shall include Lot 1, Block 1, Lots 1 thru 4,
incl., Block 2, Lots 1 thru 7 incl., Block 3, Lots 1 thru 9 incl., Block 4,
Lots 1 thru 12, incl., Block 5, Lots 2 and 3, Block 6, Parkwood Knolls Addition;
Lots 1 thru 9 incl., Block I, Lots 1 thru 6 incl., Block 2, Parkwood Knolls 2nd
Addition; Lots 1 thru 8 incl., Block I, Lots 1 thru 8 incl., Block 2, Parkwood
Knolls 3rd Addition; Lots 1 thru 9 incl., Block 1, Lots 1 thru 9 incl., Block 2,
Parkwood Knolls 4th Addition; Lot 1 and Lots 3 thru 12 incl., Block 1, Lots 1 thru
5 incl., Block 2, Lots 1 and 2, Block 3, Parkwood Knolls 5th Addition; Lots 1
thru 8 incl., Block 1, Parkwood Knolls 6th Addition; Lots 1 thru 8 incl., Block
1, Lots 1 thru 8 incl., Block 2, Parkwood Knolls 7th Addition; Lots 1 thru.9 and
Lots 13 thru 17, incl., Block 1, Lots.1 thru 9 incl., Block 2, Parkwood Knolls
8th Addition; Lot 1, Block 1, Parhood Knolls 9th Addition; Lot 1, Block 1, Park-
wood Rnolls 10th Addition; Lots 1 thru 4 incl., Block 1, Lots 1 thru 6 incl.,
Block 2, Lots 1 thru 8 incl., Block 3, Lots 1 thru 6 incl., Block 4, Parkwood
Knolls 11th Addition; Lots 1 thru 6 inc., Block 1, Parkwood Knolls 12th Addition;
Lots 1 thru 12 incl., Block 1, Lots 1 thru 12 incl., Block 2, Lots 1 thru 10
incl., Block 3, Lots 1 thru 5 incl. , Block 4, Lot 1, Block 5, Parkwood Knolls
13th Addition; Lot 1, Block I, Lots 1 thru 7 incl., Block 2, Lot 1, Block 3,
Parkwood Knolls 14th Addition; Lots 1 thru 10 incl., Block 1, Lot I, Block 2,
Lots 1 thru 8 incl., Block 3, Lots 1 and 2, Block 4, Parkwood Knolls 15th Addi-
tlon; Lots 1 thru 13 iac., Block 1, Lots 1 thru 5 incl., Biock 2, Lots 1 thru 4
incl., Block 3, Parkwood Knolls 16th Addition; Lots 1 thru 6 incl., Block 1,
Lots 1 thru 12 incl., Block 2, Lots 1 thru 9 incl., Block 3, Lots 1 thru 9 incl.,
ljlock 4, Parkwood Knolls 17th Addition; Lots 1 thru 8 incl., Block 1, Lots 1
thru 6 incl.., Block 2, Walnut Ridge 3rd Addition; Parcels 0420, 0532 and 0545,
Sec- 30, T. 117, R. 21, Parcels 2760 and 4400, Sec. 31, T. 117, K. 21; Lots 1
thru 6 incl., Block 1, Lots 1 thru 6 incl., Block 2,'Malibu Heights Addition;
Motion for adoption of the resolution was seconded by Councilman Shaw and on
PARKJ~OOD KkOiLS 19TH ADDITION GRANTED PRELIMINARY PLAT APPROVAL.
Notice were approved as Lo form and ordered placed on file. .
P~rkwood Knolls 19th Addition for preliminary plat approval, noting that this plat
is generally located East of Lincoln Drive, West of Londonderry Road, North of
LoncIonderry Dri-Je and South of Parkwood Road.
sizes in this 36 lot single family subdivision vary from 12,500 to 16,000 square
feet 2nd approximate the lot sizes in Parkwood Knolls 17th Addition, located
imzediately to the East. Mr. Luce said that the subdivision includes a road for
a Western access and recommended approval with the following ;rodifications:
I
. Outlot A, Nine Mile North. .
. rollcall there were four ayes and no nays and the resolution was adopted. I ..
Affidavits of
Mr. Luce presented
Ze explained that the proposed lot
M
B
1.
adjacent lot.
2.
adequate drainage.
3. ' Dedication of a 5% parkland dedication to the City iq the form of a "float-
ing deed" for an amount of land equivalent to 5% of the land being platted; the
"floating deeds" collected will entitle the City to choose a future park loca-
tion in the Carl Hansen property to the North.
4.
concurrence with the Park Board recomnendations.
Mr. Erickson clarified that the City already has an agreement which'was
obtained when Parkwood Knolls 17th Addition was platted, which agreement stated
that the City wanted its parkland acquisition of 1.7 acres in the Northern area
where it should be shown in the master plan. He explained that this property
has been dedicated and added 017 so that the City has. re-c-eived property for a
park equal to 5% of the entire area.
cation could be resolved at the time of final plat approval. Discussion ensued
as to %e name of the plat, with Mr. Hansen clarifying that they had never gone
through with Parkwood Knolls 18th Addition which had only been a one-lot plat.
Mr. Dunn suggested that this matter be clarified for the records. In respons'e
to a question of Mr. Barry M. Krelitz, 6625 Biscayne Blvd., as to Outlot A,
Mr. Luce said that Outlot A was a part of Parkwood Knolls 17th Addition and
that it is not being incorporated into this plat.
check into this matter. Councilman Richards then offered the following resolu-
tion and moved its adoption:
Outlot A proposed must be eliminated and that land incorporated into an
A low point in the curve of Parkwood Road must be eliminated to allow
4
The plat should be modified to the extent that Dovre Drive is modified in
Mr. Erickson added that the parkland dedi-
Mr. Luce said that he would
RESOLUTION GRANTING PRELIMINARY PLAT OF
PARKWOOD KNOLLS 19TH ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Parkwood Knolls 19th Addition", platted by Carl M.
Hansen and presented at the Edina City Council Meeting of February 3, 1975, be
and is hereby granted preliminary plat approval, subject to the following condi-
tions :
1.
adjacent lot.
2.
adequate drainage.
3.
ing deed" for an amount of land equivalent to 5% of the land being platted'
the "floating deeds" collected will entitle the City to choose a future park
location in the Carl Hansen property to the North.
4.
as finally- determined -by-the Engineering Department.
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.
Outlot A proposed must be eliminated and that land incorporated into an
A low point in the curve of Parkwood Road must be eliminated to allow
Dedication of a 5% parkland dedication to the City in the form of a "float-
The plat should be modified to the extent necessary to locate Dovre Drive
GRAYTOWER ESTATES GRANTED PRELIMINARY APPROVAL.
sented by Clerk, approved as to form and ordered placed on file. Mr. Luce
presented Graytower Estates, generally located North of Pine Grove Road and
South of Mirror Lake, East of Blake Road, for preliminary plat approval as
recommended by the Planning Commission with the following conditions:
1. Provision of a sanitary sewer easement;
2. Dedication as park to the City of Edina of the 100 foot open space easement
shown on the preliminary plat along Mirror Lake;
3. That dedication would surpass the 5% parkland dedication requirement.
In response to a question of Conncilman Richards, Mr. Luce said that most of
the lake bed has been platted and that it is being platted in this plat. 'tie
clarified that the ownship of the lake is still subject to the City's ordin-
ances and would have to be dedicated to the public.
i:f 'the lake .is *& navigable, it could be owned privately and that, whether
or not it is navigable, it could still be public waters and, therefore, sub-
ject to the control of the State as to how it is used.
facts would have to be examined before it could be determined whether or not
it is publicly owned and,that it is possi3le to have public and private owner-
ship overlapping. Councilman Shaw then offered the following resolution and
moved its adoption:
Affidavits of Notice were pre-
HrC Erickson explained that
Mr. Erickson said the
RESOLUTION GRANTIBG PRELIMINARY PUT OF
GRAYTOWER ESTATES
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that
certain plat entitled "Graytower Estates", platted by L. G. Idstrom, and pre-
sented at the Edina City Council Meeting of February 3, 1975, be and is hereby
granted preliminary plat approval, subject to provision of a sanitary sewer
easement and the dedication as park to the.City of Edina of the 100 foot
open space easement shown on the preliminary plat along Mirror Lake and that
44 1
the dedication would surpass the 5% parkland dedication requirement.
Notion for adoption of the resolution was seconded by Councilwoman Schmidt and
,on rollcall there were four ayes and no nays and the resolution was adopted.
SPIT LAKE NAME CHANGE TO "KYTE LAKE" REFERRED TO PARK BOARD. Mr, Hyde called
Council's attention tb a 'letter from Mrs. J. R. Fitzgerald, one of the grand-
daughters of John Kyte, an early Edina pioneer, suggesting that the name of John
Kyte be placed on some piece of land; park or road in the City.
recommend to the Park Board that the name of Spit Lake, which is located on the
John Kyte farm, be changed to "Kyte Lake".
OUTLOT B, BW€AR HILLS FOURTH ADDITION DIVISION MPROVED.
request for division of Outlot B, Braemar Hills Fourth Addition, advising that this
is a= unbuildable lot which is proposed to be combined with the immediately
adjacent<parcels and that the division has been recommended by the Planting Com-
mission.
its adoption:
WHEREAS, the following described property is at present a single tract of land:
WEREAS, the owner has requested the subdivision of said tract into the following
described new and separate parcels (herein called "Parcels"):
Councilwoman
Schmidt's motion was seconded by Councilman Richards and carried, that the Council '.
I- Mr. Luce presented the
Councilman Richards -thereupon offered the following resolution and moved
' RESOLUTION
Outlot B, Braemar Hills Fourth Addition; and
.
Lot 8, Block 2, Braemar Hills Fifth Addition and all that part of Outlot B,
Braemar Hills Fourth Addition lying North of the North line of Lot 1, Block 1,
Lot 1, Block 1, Braemar Hills Fourth Addition and all that part of Outlot B,
Braemar Hills Fourth Addition lying South of the North line of Lot 1, Block I,
Braemar Hills 4th Addition, extended Westerly; and
c Braenar Hills 4th Addition, extended Westerly; and a.
Ifhereas, it has been determined that compliance with the Subdivision and Zoning Reg- .
ulations of the City of Edina will create an unnecessary hardship and said Parcels -
as separate tracts- of land do .not interfere with the purposes of the Subdivision - --
and Zoning Regulations as contained in the City of Edina Ordinance NOS.
811;
NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that
the conveyance and ownership of said Parcels as separate tracts of land is hereby
approved and the requirements and provisions of Ordinance No. 801 and Ordinance NO-
8ll'are hereby waived to allow said division and conveyacce thereof as separate
tracts of land but are not waived for any other purpose or as to any other pro-
v3sion thereof, and subject, however, to the provision that no further subdivision
be made of said Parcels unless made in compliance with the pertinent ordiilances of
the City of Edina or with the prior approval of this Council as may be provided
for by those ordinances.
>lotion €or adoption of the resolution was secondea by Councilwoman Schmidt and on
rollcall there were four ayes and no nays and the resolution was adopted.
801 and
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HEARING DATES SET FOR BUILDING CODE VIOLATIONS. Mr. Hyde called Council's attention
to memos from P-ssistant- Fire Chief, Rober;, Bur%sh, in regard to appeals of Fire
Departmeat Orders 'by iniand Construction Compaqy , Southdale Bod' and Biltmore Lanes.
Nr. Robert F. Henriksen, Vice President of Gus Young's Southdale Bowl, said that
Southdale Bowl is dropp2ng its appeal and construction cf the sprirrkling system
Will start by May 15 and hopefully be coinpleted by July 15, 1975.
the report of the Assistant Fire Chief, and, based on this information, decided
that there was reasonable cause to believe that these buildings were in an unsafe
condition. Councilman Shawk motion was
seconded by Councilwoman Schmidt and carried'that hearing date for Building Code
violztions for Inland ConstructSon Company be set for March 17, 1975.
Shaw's motion was seconded by Councilwoman Schmidt and carried that hearing date
for Building Code violations for Gus Young's i3iltmore Lanes be set for Narch 17,
1975.
Gus Young's Southdale Bowl be granted an extension of time for completion of the
sprinkling system until July 15, 1975.
SOUTHBALE BOWL LICENSES DISCUSSED.
problems qt the Sout3dale Eowl and that Council had withneld .my actj-on pendisg
disposition in County Court of the arrests made.
months there had been many arrests and that authorities at the Southdale Bowl
should cooperate more fully in enfbrcing laws on their premises.
that pinball machines be renoved.
Yo'rlIlg's Southdale Bowl, said that they always have someone checking identifications
in the Game Room. Following considerable discussion, Councilman Shaw's motion was
seconded by Councilwoman Sclmidt ail6 carried that Mr. Henriksen be given a copy of
Czptain Nerfeld's report and that no action he taken until April 1, 1975, at the
Council reviewed .
It thereupon took the following action:
Cormcilman '
councilman Shaw's motion was seconded by Councilwoman Schmidt and carried that
f
Mr. Hyde recalled that last smer there were .'
He said that during the past two
It was suggested
MY. Robert F. Henriksen, VZce President of Gus
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time that the new licenses will be issued if there are no further difficulties
and if the laws are enforced by management.
woman Schmidt, Mr. Henriksen said that he will check the condition of the park-
ing lot and see that it is kept free of debris.
In response to a comment of Council-
STORM SEWER IMPROVEMENT NO.’ ST.S.-132 ACTION’DEFERRED. Mr. Dunn recalled that
he had suggested that the Juanita Avenue Storm Sewer Improvement ST.S-132 be
abandoned and that Council had asked for further information from the City
Attorney concerning the project before taking any action. Mr. Dunn referred
to Mr. Erickson’s letter which advised that Mr. Dunn and Mr. Erickson had
conferred with Mr; Marvin Holt, 5036 Juanita Ave, and. that Mr. Holt has requested
the City to refrain from taking any action relative to the project at this time
until he has negotiated further with the Edina Covenant Church to see if it will
assume some of the responsibility and cost of correcting Che water problem. As
reconmended by Mr. Erickson, it-was informally decided that no action be taken,
either to proceed with or abandon the project, but to await the outcome of the
discussions of possible suit between Mr. Holt and the church.
check with Mr. Holt from time to time to see what progress is being made.
GREGG HANSON NOTICE OF CLAIM NOTED. ‘Council was advised of Notice of Claim
having be.en filed with the City Clerk relative to an accident of Gregg Hanson
on December 31, 1974. The matter has been referred to the insurance company
and to the City Attorney.
Mr, Erickson will
I
DEFERMENT OF SPECIAL ASSESSMENTS ON HOMESTEADS OF’SENIOR CITIZENS DISCUSSED.
Mayor Pro Tern Courtney referred to a letter from the City Attorney relative to
deferment of special assessments on homesteads of senior citizens in which
Council was advises that it has the authority to defer payment of an
assessment as to homesteads owned by persons over 65 years of age for whom
payment would be a hardship, and that authority extends to all assessments
and not just to those that may be made for storm sewer, water or sanitary sewer,
Council’s attention was also called to an application for deferment of
special assessments on homesteads of senior citizens.
Council any further information when it is available.
Mr. Erickson will give
No action was taken.
NEW NORTHERN STATES POWER COMPANY RATES NOTED. Council’s attention was called
by Mr. Hyde to new rates for municipal street lighting, water pumping and sew-
age pumping service that were filed with the Minnesota Public Service Commis-
sion 09 anuary 2, 1975. No action WES taken.
LEAGUE OF MINNESOTA MUNICIPALITIES‘LEGISLATIVE ACTIOH CONFERENCE NOTED. Council
was advised by Mr. Yyde of a Legislative Action Conference sponsored by the
League of Minnesota Municipalities on February 26, 1975. Mr. Dunn advised
Council also that che Institute of Traffic Engineers is trying to get the?..
Minnesota speed lhit klanged to 25‘mZleE”per ‘nbur:in residential areas. Mr.
Dunn has already written to Dean Lmd and Mayor Pro Tem Courtney suggested that
the City Manager also write to Mr. Vern.-Psterson--of -fhe’AssoeiatiGi of Mak~-
politan Yunicipafl-itles-. - Tt‘ was_’also 8uggested that ‘Council -taXk- to Edina’s Rep-
resentative on the ma+tt&f-of Veterans’ Preference at the Conference.
ROBERT SHORT INVITATION NOTED. Council’s attention was called to an invitation
of Edina’s new Metropolitan Council Representative, Mr, Robert E. Short, to
attend a meeting on February 13, 1975, at 7:30 p.m., at the Leamington Hotel
to discuss the problems of metropolitan growth.
of the meetilzg and the public is welcome.
Public notice has been given
CITY/SCHOOL DISTRICT COOPERATION AUTHORIZED.
Mayor had met with Dr. Lieber and had discussed generalities of City/School
District cooperation.
whereupon Councilman Shaw offered the-followlng resolution and moved its adopt-
ion :
RESOLUTION
BE IT RESOLVED that the City Council of the City of Edina and the Board of
Education or‘ Edina Public School Eistrict 273 develop a joint commission
composed of City Ymnager Warren C. Hyde and Superintendent Ralph H, Lieber to
analyze areas of cooperation and present joint recommendations and specific
actions to the two public bodies.
fiotion for adoption of the resolution was seconded by Councilman Richards and
on rollcall there were four ayes aad no nays and the resolution was adopted.
FAIRVIEW-SOUTHDALE HOSPITAL OIL TANK ENCROACHMEIJT APPROVED. Mr. Dunn advised
Council that Fairview-Southdale Hospital has rgyested permission to encroach
on public ‘xightrof-way €or installation of a/geating tank. Councilman Shaw’ s
motion was seconded by Councilman Richards and carried, authorizing the City
Mr. Hyde recalled that he and the
Discussion of execution of a formal resolution ensued,
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46 ( 2/3/75
Attorney and the Engineer to work out an agreement with the hospital.
FISCAL DISPARITIES LAW EFFECTS DISCUSSED.
memorandum from City Assessor Kent Swanson on the effect of the Fiscal Disparities
Council's attention was called to a
Law, which memorand;m ppinted out that Edina has the largest net loss of revenue
producing value base in the entire metropolitan area.
City is backing the new case against fiscal disparities in District Court.
action was taken.
Mr. Hyde recalled that the
No
EXPENDITURE REGULATIONS FOR COMMISSIONS APPROVED. As recommended by Nr. Hyde,
Councilman Shaw offered the following policy statement and moved iyls adoption:
POLICY
Expenditures for any purpose which are to be paid ultimately by the City of Edina
shall not be incurred by any member of the commission, committee, or 'task force
without prior approval from the Finance Director.
plies or equipment may be secured directly by such members, but they must be sub-
mitted to the Finance Director for approval before any commitment is made.
the absence of such approval, persons making commitments may
liable for payment.
activities carried on by any commission, committee, or task force must be considered
as public funds and must be accounted for and deposited in accordance with instruc-
tions from the Finance Director.
Quotations for services, sup-
In
be held personally
Any receipts of money from sources other than the City from
DEPARTMENT OF AGRICULTURE MOVE DEPLORED. Council's attention was called to a letter
from Mayor Van Vaikenburg to Senators Humphrey and Mondale deploring the moving
of the personnel in the Department of Agriculture, presently located at 6400
France he. S. Councilwoman Schmidt said that she had received a letter from Rep-
resentative Frenzel and understood that Senator Humphrey has sponsored a bill con-
cerning this matter to withhold funds for relocation until there is a full investi-
gation into the move. No action was taken.
,'
COUNTY ALLOWANCE OF FEDERAL UNEMPLOYMENT JOBS DISCUSSED.
that he had.been informed that Edina is being allowed four employees under the
County allowance for unemployment jobs.
tion at a meeting to be held on February 4, 1975.
PROSECUTING ATTOREEV'S COMPENSATION ESTABLISHED.
1975 Budget was adopted, no firm decision had been made as to the szlary of the
Prosecuting Attorney.
and carried, that the following resolution be established for a period of ninety
days, at the end of which time, the City Manager will report back to the Council:
BE IT RESOLVED by the Edina City Council that the Prosecuting Attorney by paid
$650 per month to cover work in the office, preparation of complaints,'arraign-
ments and court trials plus $40.00 per hour for time spent on pre-trials, jury
trials and conferences pertaining to trials.
Nosion for adopcton .of th$ "rbsolution vas 'seconded by Councilwoman Schmidt and on
rolicall there were. four ayes and ?lo- nays +md the resoliitich wes. adopted,
Mr. Hyde advised Council
He will be receiving additional informa-
Mr. Hyde recalled that, when the
Councilman Shaw's motion was seconded by Couricilwoman Schmidt
RESOLUTION
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LIQUOR ADVERTISING FOR 1975 CONTINUED TO NEXT MEETING. As recommended by Mr. Hyde,
Councilwoinar, Schmidt's motion was seconded by Councilman Xichards and carried,
contkuing the 1975 liquor advertising proposal to February 24, 1975.
CASVASSING BOARD APPOINTED FOR SPECIAL ELECTION.
Clerk, Councilman Shaw's motion was seconded by Councilman Richards and carried,
appointing Messrs, Gary West, Thomas Melena, Sam Mobley to serve as the Canvas-
sing Board for the Special Election of February 4, 1974.
As recommended by the City
WEED INSPECTOR LPPOINTED. As recommended by Mr. Rosland, Mr. Gene Davis was
appointed Deputy Weed Inspactor by motion of Councilman Richards, seconded by
Councilman Shaw and carried.
ORDIN-ANCE NO. 404-82 GRANTED FIRST READING; SECOND READING WAIVED. Councilrran
Siiaw offered Ordinance No. 404-A2 for First Reading, with waiver of Second Read-
iag and.inoved its adoption as follows:
.
ORDINANCE NO. 404-A2
DECREASING THE MOUNT OF THE FEE-REQUIRED FOR
AN OWINANCE AH~NDING ORDINANCE NO. 404
-THE EXTENSION OF BUILDING PERMITS
T€?E CITY COUNCIL OF TEE CITY OF EDINA, MINNESOTA, ORDAINS:
Szction I. Paragraph (c)'of Section 5 of Ordinance No. 404 is hereby
amended to read as fol20,ws:
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"(c) Paragraph (d) of Section 302 is amended to read as follows:
'(a) Expiration. Except as hereinafter provided, every permit
issued by the Building Official under the provisions of this Cod&
shall expire by limitation and become null and void, if the building
or work authorized by such permit is not commenced within 120 days from
the date of such permit, or if the building or work authorized by such
permit is suspended or abandoned at any time after the work is com-
rnenced for a period of 120 days.
building permit may be extended for up to two additional periods of
120 days each upon written application made to the Building Official
prior to'the expiration of the then applicable 120 day period for such
reasons as adverse weather, shortage of materials, strikes, lake of
adequate financing and other conditions beyond the reasonable control
of the person to whom such permit was issued.
extension shall set forth the facts relied on for the extension.
The applicant shall deliver such additional information and documenta-
tion as the Building Official may request to support the application.
If granted by the Building Official, such extension shall be in writing
and shall be for an additional period of 120 days.
shall be conditioned upon payment of a fee in the amount below set out,
and shall be further conditioned upon the agreement of the person to
whom such extension is issued to comply withany new requirements of
this Code which would have had to be complied with if a new permit
were issued.
tion for such extension.
before such work can be commenced or recommenced, a new permit shall
be first obtained so to do.
the valuation of the proposed construction is $100,000 or more, and
$5.00 if the valuation is under $100,000. The fee f0r.a new permit
shall be one-half of the amount required for the original permit for
such work, provided no changes have been made or will be made in the
original plans and specifications for such work, and provided, further,
that if the original permit was issued one year or more prior to the
date the new permit is to.be issued, or if the original permit has
been extended twice, then the full fee shall be paid for the new permit."'
its passage and pcblication.
Motion for adoption of the ordinance was seconded by Council Richards
and on rollcall there were
was adopted.
ATTEST:
Provided, however, that any such
The application for
Such extension
Such agreement shall be expressly stated in the applica-
If a permit expires without extension, then
The fee for an extension shall be $25 if
'
Section 1. This ordinance shall be in full force and effect upon
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City Clerk
UNIFORX POLICE SELECTION STANDARDS STUDY P;PPKOVED. As recomm~nded by Mr. Hyde,
'Councilwoman Schmidt offered tfhe following resolution and moved its adoption:
RESOLUTION OF
SUPPORT OF THE POLICE SELECTION STANDWS STUDY
OF THE METROPOLITAN AREA MANAGMNT ASSOCL4TION
WHEREAS, the Metropolitan Area Management Association is an organization of
individuals holding positions of executive administrative authority in the
public sector who are dedicated to maintaining high ethical standards of
professional conduct and to the delivery of effective and efficient govern-
mental services; and
WHEREkS, the Metropolitan Area Management Association, as an organization
structure, is reflective of the quality of its dedicated Board of Directors
and officers; and
WHEREAS, the Metropolitan Area Management Association has determined that
there is a need for improved police recruitment and selection procedures
within the suburban metropolitan area; and
WHEREAS, this need for improved police recruitment and selection procedures
must be formalized in an extensive research study hvolving various munici-
palities to validate the selection standards and to implement the research
study; and
WHEREAS, the Metropolitan Area Management Association realizes that one
municipality cannot effectively be expected to provide sponsorship for the
necessary research grant nor the customary cash match; and
WHEREAS, the Metropolitan Council, being a governmental agency. representing
all communities within the metropolitan area, has been asked by MAMA to act
only as the sponsoring agency of the gmnt;
NOW, THEREFORE, BE IT RESOLVED that the City of Edina does hereby endorse
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and support the Police Selection Standards Project of the Netropolitan Area
Management Association; and does further endorse !he Netropolitan Council's
sponsorship of a federal grant application on behalf of the MAW to implement the
necessary study and research to accomplish the objectives of this project. 1
Hotion 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.
.
ALCOHOL SAFETY PROGUM PARTICIPATION WITH STATE OF MIXXESOTA APPROVED.
recommended by Mr. Hyde, Councilman Shaw offered the following resolution and
moved its adoption:
As
RESOLUTION
AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AN
AGREEMENT WITH THE DEPARTPENT OF PUBLIC SAFETY OF THE STATE OF MINNESOTA
TJIIEREAS, the State has entered into a contract (DOT-HS-048-1-064) with the Nat-
ional Highway Traffic Safety Administration of the U. S. Department of Transports+--
tion, to'conduct an Alcohol Safety Action Program in Hennepin County; and
WHEREAS, the conduct of the project requires increased police patrol activity for
the purpose of detection and arrest of those in violation of lriinnesota Statute
169.121, pertaining to driving while under the influence of an alcoholic beverage,
as well as standardized record-keeping concerning such activity; aDd
WHEREAS,-the City of Edina has been requested to participate in the program;
NGW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Minnesota, that the
Director of Public Safety be authorized to enter into an agreement with the
Department of Public Safety of the State of Minnesota to conduct an Alcohol
Safety Action Program in the City of Edina.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were four ayes and no nays and the resolution was adopted.
T.9. 100 FROM EDEN AVENUE TO NORTH CITY LIMITS ROADSIDE DEVELOPMENT PLANS APPROVED.
As recommended by Mr, Dunn, Councilman Shaw offered the following resolution and
. moved its adoption:
RESOLUTION
WEREAS, the Commissioner of Highways for the State of Minnesota has caused to be
prepared plans, special provisions and specifications Cor the improvement of
Trunk Highway No. 5, renumbered as Trunk Highway No. 100, within the corporate
limits of the City of Edina from Eden Avenue to North Corporate Limits; and
WEEWAS, saidplans are on file in the Office of the Depzrtment of Highways, St.
Paul, Minnesota, being marked, labeled and identified as S.P. 2734-25 (100=5);
and
WHEREAS, said specizl provisions are on file in the office of the Department
of Highways, St. Paul, Minnesota, being marked, labeled and identified as S.P.
2734-25 (100=5), and which, together with, the Minnesota Department of Highways
Stzndard Specifications for Highway Construction, dated January I, 1972, as
Emended by Mknesota Department of Highways Supplemental Specifications for
Highway Construction, dated January.1, 1974, will govern, and which are on .
File in the office of the Commissioner of Hfghways, constitute the specifica-
tions for said improvement of Trmk Highwzy No. 5, renumbered as Trunk Highway
Eo. 100; and
IGER334S, copies of said plans and special provisions as so inarked, labeled and
identifier2 are also on file in the Office of the Cit3 Clerk; and
i?FiEREAS, theyterm, said plans and special provisions, as hereinafter used in the
body of this resolution will be deemed and intended to inean, refer to and incor-
porate t5e plans and special provisions in the foregoing recitals particularly
identified aad described; and
WEREAS, the Commissioner of Highways desires in the interest of public safety
that any and all parking of vehicles, if such parking is permitted within the
corporate limits of the Citj, of Edina, on said Trunk Highway No. 5, renumbered
as Trunk Highway No, 100, will be parallel with the cmb adjacent to the 'highway
and will be at least 10 feet from any crosswalk.
N3X, THEEEFORE, BE IT RESOLVED that said plans and special provisions for the
iinprovemeat of Trunk Highway No. 5, renumbered as Trunk Highway No. 100, within
the corporate Emits of the City of Edina, be and hereby are approved; and
3E IT FURTEER XESOLVED that the City of Edina does hereby agree to require the
parking of all vehicles, if,such parking is permitted within the corporate limits
of said City, on said Trunk Highway No.*5', renumbered Trunk Highway No. 100, will
be parallel with the curb adjacent to the highway, and at least 20 feet from
any crosswalks on all public streets intersecting said trunk highway; and.
BE IT FURTHEX RESOLVED that the elevations and grades as shwon in said plans and
special provisions are hereby approved and consent is hareby given to any and all
changes in grade occasioned by the construction pf Trunk Highway No. 5, renumbered
Trunk Highway Bo. 100, in accordance with said plans and special provisions.
Xotion for adoption of the resolution was seconded by Councilwoinan Schmidt and on
rollcall there were four ayes and no nays and the resolution was adopted.
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Councilman Shaw then offered the following resolution and moved its adoption: 1, RESOLUTION
BE IT RESOLVED that the City enter into agreement with the State of Minnesota,
Department of Highways, for the following purposes, to-wit: to provide
maintenknce of plants and plantings as shown in the agreement and designated
as State Project 2734-25 (T.H. 100=5); and
BE IT FURTHER RESOLVED that the.Mayor and Clerk hereby are authorized to
execute such Agreement.
Motion for adoption of the
and on rollcall there were
adopted .
resolution was seconded by Councilwoman Schmidt
four ayes and no nays and the resolution was
T.H. 100 NOISE ATTENUATION MEETING NOTED.
and Councilman Shaw had attended a meeting of residents living on T.H. 100
Mr. Hyde advised Council that he
between Valley View Road and the South Ciiy Limits. He reporied that react-
ion to proposed noise attenuation.devices for this section of T.H. 100 was
fairly favorable except for cases where the walls would be directly in front
of their homes. Mr. Dunn told Councilwoman Schmidt that he would check with
the State on plans for installation of left turn signals at T.H. 100 at W.
70th Street.
REPLACEMENT OF FIRE DEPARTMENT BASE RADIO AND MASTER CONTROL APPROVED. As
recommended by Mr. Hyde, Councilman Richards motion was seconded by.Councilwoman
Schmidt and carried, approving the purchase of a new highly reliable solid state
base station and new solid state remote control communication system for the Fire
Department at a cost of $1,790.00, including the trade-in of the old system.
tD Q 00 a2 w w REPAIRS TO WOODDALE PUMP TO BE MADE. Mr. Dunn advised Council that the first
estimate for repairs to the T?ooddale pump had come in under $600 and that no
Council action was necessary for approval.
SALE OF 6444-46 XERXES AVE. CONTINUED.
alow at 6444-46 Xerxes Ave. S. had been purchased by the City for the sanitary
Mr. Dunn recalled that the double bung-
sewer project in the'area and that offers to date have not been as high as had
been expected. Sale of the property was continued to the next meeting.
PURCHASE OF SUPERIOR DORMANT OIL APPROVED. Councilwoman'Schmidt's motion for
approval of purchase of Dormant Superior Oil at $1.94 per gallon or a total cost
of $2,134 for 1,100 gallons was seconded by Councilman Shaw and carried.
will be made through Hennepin County.
Purchase
TREE TRIMMING EQUIPMENT BIDS TO BE TAKEN.
woman Schmidt's motion was seconded by Councilman -Richards and carried, author-
izing advertisement for bids for tree triinming equipment.
AS recommended by Mr. Rosland, Council-
EDINA ART CENTER EIDS TO BE TAKEN.
Richards' motion.was seconded by Councilman Shaw and carried, directTng that
advertfsement for bids be taken for the Edina Art Center proposed to be constructed
As recommended by MK. Rosland, Councilman .
SWIMMING POOL BIDS TO'BE TAKEN.
motion was seconded by Councilman Richards and carried, authorizhg advertising for
bids for equipment needed for the swimming pool in February and for'a contractor
in March, 1975.
As recommended by Mr. Rosland, Councilwoman Schmidt's
COUNCIL'S OPPOSITION TO SPLIT-LIQUOR QUESTIONED.
the Open Meeting Law and questioned when Council hac? decided to oppose the Split-
Liquor Question.
after the - Sun had come out with certain statements and that telephone calls had
been made.
sibility. Councilman Shaw clarified that the letter to the &was not an official
action of the Council at all and that the letter was written as individual citizens
and not by the Council acting as a civic body.
Miss Susan Covnick referred to
Mayor Pro Tem Courtney said that the matter had been decided
He added that the headline in the - Sun had not been Council's respon-
ROBERT C. DUNN NAMED ACTING CITY MANAGER. As recommended by Mr. Hyde, Councilman
Richards notion approving the appointnent of Mr. Robert C. Dunn as Acting City
Manager during the forthcoming absence of Mr. Hyde was seconded by Councilman
Shaw and carried. ..
STREET IMPROVEMENT NO. C-113 ASSESSMENT HEARING DATE SET.
Dalen, Councilman Shaw offered the folilowing Yesolution and-moved itE adoption:
As recommended by Mr.
RESOLUTION PROVIbING FOR SPECIAL ASSESSMENT HEARING
I
FOR STREET IMPROVEMENT NU. C-113
BE IT RESOLVED by the City Council of the City of Edina, llinnesota, as follows:
2/3/75
1.
for the improvement set forth in the Notice of Hearing form hereinafter recorded,
and the amounts proposed to be assessed against the respective lots, places and
parcels of land within the districts affected by said improvements, and said
proposed assessments having been filed with the Clerk, the same are hereby approved
and the Clerk shall keep the same on file in her office and open to public inspec-
tion pending hearings thereon as herein provided.
2. This Council shall meet at the time and place specified in the Notice'of Hear-
ing form hereinafter contained, to pass upon said broposed assessments and the
Clerk's action in publishing notices of said hearings in the official newspaper
in accordance with law is hereby approved; Notice being as follows:
The Clerk and Engineer having calculated the proper amounts to be assessed
(Official Publication) . CITY OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE OF ASSESSMENT FOR
. STREET IMPROVEMENT NO. C-113
THE EDINA CITY COUNCIL will meet at the City Hall, 4801W. 50th Street, on Monday,
February 24, 1975, at 7:OO p.m. to hear and pass upon all objections, if any, to
the following-proposed assessment. This assessment is ROW on file in the office
of the Edina City Clerk and open to public inspection.
able in ten equal installments over a period of ten (10) years.
of this assessment will be payable with the taxes for the year 1975, collectible
in 1976, with interest on the entire assessment at the rate of 5% per annum from
the date of the resolution levying the assessment to December 31, 1976. To each
subsequent installment will be added interest at the same rate for one year on
all unpaid installments. The owner of the property assessed for the following
iinprovement may pzy the whole of the 'assessment without interest to the City
Treasurer on or before November 15, 1975, or make payment with accrued interest
to the City Treasurer.
CONSTRUCTION OF STREET IMPROVEMENT NO. C-113
York Avenue from South line of Yorktown Addition to IJ. 78th Street
Assessment will be pay-
First payment
Ary owner map appeal this assessment to District Court pursuant to Minnesota
Statutes Section 429.051 by serving notice of the appeal up'on the Mzyor or Clerk
of Edina within 20 days after the adoption of the assessment, and by filing such
zotice with the District Court within 10 days after service upon the Mayor or
Clerk.
5Y ORDER OF THE CITY COUNCIL.
Florence 3. Hallberg
City Clerk
Motion for adoption of the resolution was seconded by Councilman Richards and on
rollcall there were four ayes and no nays and the resolution was adopted.
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CLAiMS PAID.
carried for payment of the following claims as per Pre-List:
Motion of.Coumilmman Schmidt was seconded by Councilman Shaw and
General Fund, -- $31,470.50;
$103,328.67; Sewer Fund, $55,464.19; Improvements, $106,453.54; Total, $358.871.16.
Park Funds, $58,712.03; Water Fund, $3,442.23; Liquor Fund,
No further business
oaded by Councilman
-7
appearing, Councilman Shaw ' s notion for adjournment was sec-
Richards and carried. Adjournment.at 9:50 p.m.
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