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HomeMy WebLinkAbout19610213_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 13, 1961, AT 7:OO P.M., AT THE EDINA VILLAGE HALL Meubers answering Rollcall were Beiu, pickson, Tupa and Bredesen. VanValkenburg arrived and took his seat in ueeting during the Public Hearing on hendmnt to Zoning Ordinance. Trustee MINUTES of the Regular Meeting of January 23, 1961, were approved as submitted, by notion Dickson, seconded by Tupa and carried. PUBLIC HEARINGS ON ZONING XATTERS. Courier, Posting on official village bulletin boards, and Mailing to affected property Owners, of the following were presented, approved as to form, and ordered placed on file; and, pursuant to these Notices the following Public Hearings were conducted and action taken as hereinafter recorded: Affidavits of Publication in Edina-Horningside L 1. 2. "Notice of Public Hearing on Proposed Anendment to Village Zoning Ordinance Section 10, Office Building District." "Notice of Public Hearing on Proposed Rezoning froaMultiple Residence District to Office Building District." PUBLIC HEARING ON PROPOSED AMENDMENT TO VILLAGE ZONING ORDINANCE, SECTION 10, Council reviewed Planning Commission's recorrrendation of There were no objections I. OFFICE BUILDING DISTRICT. February 4, 1961, for adoption of the proposed anendnent. to the proposed amendment registered from the floor, and no written objections had been received prior to the Hearing. that Council dispense with second reading thereof and adopt Dickson offered the fol noving ORDINANCE NO. 261-59 AN ORDINANCE AMEWING ORDINANCE NO. 261 (ZONING ORDINAWE) OF TF .VI'F;.OF EDINA AS T0,USES AND RESTRICTIONS ON USES IN- THE OFFICE BUILDING -DISTkICT THE VILLA[;E COUNCIL OF THE VIUAGE OF EDINA,. MINNESOTA, ORDATNS: .. Section 1. Section 2. "2. "(a) Principal Uses. Buildings suitably designed may be erected, main- (1) Offices, business and professional. "(b) Paragraphs 2 and 3.of-Section $0- (Office Building District of The following new paragraphs 2 and 3 are hereby enacted, and Ordinance No. 261 of the Village, as amended, are hereby repealed and rescinded. shall take the place of said rescinded paragraphs 2 and 3 in said Section: Uses Permitted within the Office Building District. I tained and used within the Office Building District for the following purposes: Accessory Uses. Within office buildings having either a gross floor area of 40,000 or more square feet or at least 200 full-time office employees, a limited amount of the ground floor area may be used for facilities providing con- venience goods and/or services for the office area occupants and their visitors. These uses shall be termed "Accessory" and shall include those listed below and any other uses whose primary function will be to supply needed convenience goods and/or services for the office building occupants. devoted to such accessory uses shall not exceed 10% of the gross floor area of the The total net floor area building . (1) (4) Barber shops. Book and stationary shops. Candy stores. Dry cleaning and laundry receiving and pick-up statipns, with processing to be done elsewhere. Gift shops. Office supply equipment, sales and service. Restaurants, cafes, or coffee shops. Telegraph or postal sub-stations. Drug stores. Newsstands. Pipe and tobacco shops. "(c) Uses by Special Permit. The Council, after consideration and recommendation by the Planning Commission, may issue a special use permit for the following uses within the Office Building District: (1) Motels and motor hotels. (2) Mortuaries. (3) Heliports. (4) (5) Hospitals. (6) (7) Accessory buildings. "3. Multiple residence dwellings which conform to requirements of the Multiple Residence District. Clubs and lodges which are private and non-profit organizations. Restrictions on Uses Permitted Within the Office Building District. The following minimum restrictions shall apply to all buildings Chat may be erected, converted or structurally altered in Office Building Districts: . 2.153161. .*'S,**&*,'%t., "(a) Floor Area Ratio. The lot shall not exceed 0.5 times the lot "(b) Lot Coverage. Not more occupied by buildings. gross floor area of all buildings area. than 30% of the lot area shall be i on 259 "?& "(c) Building Height. Building height shall be limited to 3 stories i or 40 feet above the average surrounding ground level whichever is the lesser, except that buildings of a greater height may be permitted by the Council after public hearing and, after considering the recommendation of the Planning Commission, when in the Council's opinion, the best interests of the Village would be served by a waiver of these restrictions. Upon granting such a waiver, the Council may impose such additional setback requirements as it may deem appropriate. Council may grant a height limit waiver without a public hearing when the owner of the property on which a building or a portion of a building is proposed to be erected to a height greater than 40 feet or three stories first obtains the written consent of the owners of 3/4 in area of the property located within 500 feet in all directions from any portion of the building proposed to be erected to a height greater than 40 feet or three stories. The "(d) Building Set Backs. (1) Front Yard. Where a front yard faces a residential district across a street, Aminimum front yard setback of 35 feet shall be required. the setback from that street shall be not less than 50 feet. (2) Side and Rear Yards. A minimum side and rear yard setback of 20 feet (25 feet if abutting on a public street) or the maximum height of the building on that particular side, whichever shall be greater, shall be required. "(e) Off-street Parking. A minimum of one off-street car parking space shall be provided on the building lot or within 200 feet thereof for each 300 square feet of gross floor area wiehin the building. be surfaced with a hard, all-weather, durable, dust-free surfacing material. open off-street parking areas shall be effectively screened by a wall, fence of acceptable design, or compact hedge along all sides which adjoin or are directly across the street from property in a residential zone. shall be not less than 4'feet high and not more than 6 feet high and shall be maintained in good condition. The wall or fence shall not be used for advertis- ing purposes. All lighting used to illuminate off-street parking areas shall be so arranged as to deflect the light away from adjacent properties in residential use. No parking shall be permitted within that portion of the required yard located between the building and a street nor shall parking be permitted within 10 feet of a street property line. street loading facility for an office building haveing a gross floor area of 20,000 to 100,000 square feet and one additional facility for each 100,000 square feet or major fraction thereof over the original 100,000 square feet. The location, design and screening of loading areas shall be subject to the same restrictions applicable to off-street parking areas, Within the Office Building District not more than one sign shall be-permitted within the yards or on the exterior of a building. one sign permitted shall not be more than 24 square feet in area and shall be used only for the purpose of setting forth the name and/or address of the build- ing. as described above may be located on each of the two street frontages, may have additional signs affixed to the exterior of the building at the ground floor Ijruviding such signs do not project more than one foot beyond the face of the building. Such signs shall indicate no more than the name and type of accessory use. color or light intensity shall be permitted within the Office Building District. Ordinance No. 61A (Sign Ordinance) of the Village of Edina," passage and publication. This parking area shall All Such wall, fence or hedge "(f) Off-street Loading. There shall be provided at least one off- "(g) Signs. The In those instances wherein a building is located on a corner lot, a sign Office buildings containing accessory uses permitted within this district No signs which contain any moving parts or which change either in light In all other respects, the signs shall conform to the provisions of Section 3. This ordinance shall be in full force and effect upon its Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Beim, and on Rollcall ayes and no nays, as follows: Beim, aye; Dickson, aye; Tupa, d Bredesen, aye; and the Ordinance was adopted. 2. PUBLIC HEARING ON PROPOSED REZONING FROM MULTIPLE RESIDENCE DISTRICT TO OFFICE BUILDING DISTRICT OF THE SOUTH 665 FT._OF CASSIN'S OUTLOTS NOS,.4 AND 5 , EXCEPT THAT PORTION SOUTHERLY OF YORK AVENUE EXTENDED. AND EXCEPT THAT PORTION WITHIN THE RIGHT-OF-WAY OF 66TH STREET. detail, with the aid of a map,. the area proposed tcj be rezoned; and Council reviewed the Planning Commission's February 4th recommendation favorable to the pro osed rezoning. Attorne Josiah Brill, representing KatherinLeana Marie E4izabeth Pearce, owner o$ that part of Cassin's Outlot Five proposed to be rezoned, asked that Council be appraised of an earlier report Of Planning Planning Rirector cte explained in "$0 2/13/61 Director Hite's, presented to an earlier meeting of the Planning Conimission; asking also that it appear in this record that Mr. Hite's report clearly indicated that it is considered a function of planning to restrict competition against the Southdale enterprises. Mr. Brill told Council that decision of Judge Weeks does not allow this Council to "Office Building District" and limit it to that; possible to see that this does not go into effect. that he knows nothing about the report to which Mr. in his considered opinion the to rezone the Pearce property that he will do whatever Mayor Bredesen told Mr. Brill Brill referred; and Council also indicated they had no knowledge of this report. Mr. Brill was told that,in respect to Mr. Brill's suggestion that this is not in accordance with Judge Weeks' order, the Council feels that this is in compliance with his order; that this is something he will have to determine for himself. preceding action amending the "Office Building District" section of the Zoning Ordhance, Attorney Hasselquist told audience that this action is not necessarily brought about by this particular hearing; that it is something which has been pend- ing for some time inasmuch as the Council has considered former restrictions a deficiency in the ordinance-that it is our opinion that we are granting the amount of commercial which Judge Weeks recommended in tendering his decision. Greene, 6426 Xemes Avenue, said it would seem to him that this proposed action is appeasement. Mayor Bredesen replied that it might appear that way in view of what has happened; that, however, the Council had suggested to the Misses Pearce some time ago that Council would entertain such zoning but the Pearce interests did not want this and applied to the Court. Mr. Greene replied that the property owners on the block abutting the Pearce property would prefer to see this go to a higher court, rather than be an appeasement matter. He was informed that it has been ruled that the "Multiple Residence" zoning is an unreasonable use of the property; that it is now up to the Council to decide what the reasonable use is, which will not be con- fiscatory to the Pearce property. reason why the Council should not have zoned this property for any one of the uses in the commercial property zone; that his decision was for the purpose of giving Council a chance to exclude any particular use which it felt might not be suitable for this property. Mr. Lucker, 6348 Xerxes Avenue, owner of Lots 7 and 8, Block 2, Xerxes Avenue Addition, inquired of Mr. Brill as to whether he wants all the Pearce property, from 63rd to 66th Street, rezoned. Mr. Brill answered that the property not under consideration tonight is zoned l'Multiple Residence" and that there is no reason to change this. Mr. Lucker asked about a possible 65th Street, and Mr. Brill told him that his clients hope to ask for this if the property is rezoned; that, if the Village wants to make a deal with him and his clients to zone commercially in return €or a commitxnent to abandon zoning of the balance of the property, his clients would be interested. by the Council in rezoning for the Pearces is that Mr. Brill feels his clients should not be required to present plans. not appealed to ahigher court rather than give the Pearces what they have asked, Mr. Bredesen replied that Council is not giving them what they want; that it is what Council considered several years ago and was not acceptable to them at that time, and is evidently not acceptable to them, now. "high rise" buildings are permitted in the "Office Building District", and answer made that such use is by special permit only. being allowed, and was informed that this use, too, is by special permit only. Beim then stated that, in line with the recommendation of the Village Attorney, he would offer the following Ordinance, move for waiver of second reading and for adoption of Ordinance as offered: Reviewing the immediately Mr. A. R. Mr. Brill reported the Judge said there was no I Manager Hyde told audience that one of the difficulties experienced Asked by someone in the audience why the Village has Question was asked as to whether One gantleman objected to heliports ORDINANCE NO. 261-60 AN ORDINANCE AHENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA, ESTABLISHING AN ADDITIONAL OFFICE BUILDING- DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAIN$: Section 1. Paragraph 1 of Section 10 (Office Building District) of Ordinance No. 261 of the Village, as amended, is hereby.amended by adding thereto an additional subparagraph (b), as follows: (b) The south six hundred sixty-five (665) feet of Cassin's - Outlots Nos. 4 and 5, except that.. portion southeasterly of York Avenue extended, and except that portion within the right of way of W. 66th Street. Section 2. This ordinance shall be in full force and effect upon its passage and publication. 'I Stating that it is the understanding of the Council that this rezoning is also in accordance with the recommendations of the Planning Commission, VanValkenburg seconded Beim's motion for waiver of second reading and adoption of Ordinance; and w- the OrdinFce was adopted. on RollcaZl there were four ayes and one nay, Tupa, nay; VanValkenburg, aye; and Bredesen, a : Beim, aye; Dickson, aye; DEL-EDGE ASSOCIATION ASKS FAVORABLE CONSIDERATION OF PLAN FOR MULTIPLE RESIDENCES ' IN EDGEMOOR ADDITION. are in favor of the plan presented by Mr. Roy H. Peterson to the Planning Commission February 4, for two proposed multiple residences on Lot 2, Block 2, Edgemoor Addn. They asked favorable consideration of plan by Council, but because Planning Comaission had recommended against the plan, the Association was asked by Council to attend the next Planning Commission Meeting for further discussion on the matter there. Representatives of Del-Edge Association told Council they PARK LAND PURCHASE APPROVED. Park Board's reconnendation for purchase of Lot 1 and North 35 Ft. of Lot 2, Block 3, Seeley's First Addition to Hawthorne Park, for $2,250, from Mr. and Mrst Gordon L. Bowman, as an extension to 55th-York Park. Confirmation was made of execution of Purchase Order Agreement, by motion Tupa, beconded by Dickson and carried. Manager Hyde asked for Council confirmation of the OILING PETITION ACCEPTED. West of Code Avenue, West to Railroad Property, was accepted and referred to Village Engineer for programming, by notion Tupa, seconded by Dickson and carried. Petition for the Oiling of Windsor Avenue, from 80 Ft. LIQUOR STORE OPERATIONS DISCUSSED RELATIVE TO CREDIT SALES, AND DELIVERIES. Council discussed at some length the matter of credit sales of liquor from the Municipal Liquor Stores, and also the question of deliveries from said stores. Discussion was result of a request by Mr. W. J. Callahan and others for liquor deliveries and prices competitive. Manager and Attorney explained that there is no chance to make change in prices, because of the laws governing. stated he feels that both credit sales and liquor deliveries would add to the business volume, if it is legally possible to conduct business in this aanner; and that, inasmuch as it has become apparent that other stores are delivering liquor in Edina in violation of the Village Ordinance against liquor delivery, the Council should/%luate this Ordinance to see if it is enforcable. Mayor Bredesen told Council he has always felt that the function of the rmnicipal liquor stores is as a dispensary only, and that the promotion of sales is not a village function. municipal liquor sales must be for cash; and Manager stated he believes other communities which have tried deliveries have dropped then. Trustee Dickson suggested that an investigation as to costs for these services be made; and the entire natter was tabled pending a definite opinion froraMr. Hasselquist on legality of credit sales and investigation on costs of delivery. During discussion Mr. Hasselquist told Council that State Statute prohibits delivery to uinors, and Council asked that this law be clarified for Council. BE. Beir Attorney Hasselquist told Council he is of the opinion that REQUEST FOR REDUCTION IN SPEED OF MN&S TRAINS MADE TO RAILROAD AND WAREHOUSE COMMISSION. Mr. I.W. McPherson of MN&S Railroad that the matter of speed of trains between Hansen Road and Highway #5 be referred to the Railroad and Warehouse Commission for action. Dickson's notion, that the Minnesota Railroad and Warehouse Commission be requested by this Village Council to1:conduct an investigation on the matter of the request of this Council to MN&S Railway for reduction in speed of trains between Hansen Road and Highway No. 5 in the Village of Edina, was seconded by Tupa and unanimously carried. Manager Hyde reported to the Council the February 7th request of OBJECTION FILED TO PETITIONED IMPROVEMENT OF W.72ND STREET FROM FRANCE AVE. TO CORNELIA DRIVE. The written objection of the Oscar Roberts Company against any of the street improvements for W.72nd Street petitioned by Del-Edge Association, was received, and was ordered placed on file pending Public Hearing on proposed inp rovement s . PUBLIC HEARING SCHEDULED ON PETITION FOR CHANAGE OF NAME OF "LINK AVENUE" TO . "HARVEY LANE". Manager Hyde presented petition for street name change, and recommended that Public Hearing be conducted thereon. be scheduled for Monday, February 27, was seconded by Tupa and carried. Bein's motion that Hearing @S,OOO DWES SUIT FOR DROWNBIG REFERRED TO ATTORNEY AND INSURERS. Hyde reported of letter of intent to sue, in amount of $25,000, for damages for the death of. Paul Chrastel, drowned December 7. action in referring claim to Village Attorney and insurance carriers was seconded by Tupa and carried. to the body of water in which the boy was drowned. Manager Bein's motion confirming Manager's Manager Hyde told Council the Village has no public access WARREN BROWN SUBDIVISION PRELIMINARY PLAT APPROVED. and Council reviewed Planning Commission's February 4th recommendation for approval. It was noted that while lots in this plat are smaller than those in the surrounding area they do meet ordinance requirements; also that it is understood that lots will be provided with developer-constructed sewer and water. Irelidnary Plat was seconded by VanValkenburg and carried. Mr. .€Ute presented plat, TUpa's motion approving 2/13/61 CHAPEL HILLS CONGREGATIONAL PRELIMINARY PLAT APPROVED. lots, on Highway No. 169 next to Walnut Ridge, carried Planning Commission's February 4th recomnendation for approval; and Beim moved for Council approval of Preliminary. Motion seconded by Dickson and carried. This plat, of seven large CRESTON HILLS-MBEZER REPLAT PRELIMINARY PLAT APPROVED. This replat, of Lots 6 and 7, Block 1, Creston Hills, into two lots of different dimensions than those shown on original plat, had received Planning Commission's February 4th recommendation for approval. It was noted that lots are being replatted because of topography, and Tupa moved for approval of preliminary plat. Motion seconded by Dickson and carried. ANDERSON DIVIBION OF LOT 5, BLOCK 2, NORMANDALE ADDITION PRELIMINARY APPROVED. This East-West Division of large Lot 5, Block 2, Normandale--with one lot having frontage on Virginia Avenue and the other on W.63rd St., had received Planning Cordssion's recomnendation for approval, and Beim mved for Council approval. Motion seconded by Dickson and carried. OVERHOLT HILLS SALLY ADDITION FINAL PLAT APPROVED. Commission's recommendation for approval of Final Plat carried stipulations that shoreline re-arrangement be cleared with State Division of Waters, atld that bond be filed for grading and graveling of Dakota Trail. Dickson's motion, that Council approve Final ?lat of Ooerholt Hills Sally Addition subject to developer's compliance with ?laming CoBmoission's.stipulations, was seconded by Tupa and carried. It was noted that Planning NORMANDALE TERRACE-JOHNSON REPLAT. Road and Normandale Wad, just north of Brost Addition, carried Planning Coxmission's February 4th recommendation for approval. Final Plat was seconded by Tupa and carried. This Final Plat, of the tract between Brittany Beirn's motion for Council approval of SUNNYSLOPE ADDITION-EITEL REPLAT was presented carrying Planning Cosmission's reconanendation for approval. was seconded by Beim and carried. Tupa's motion for Council approval of Final Plat PFAFF'S SECOND ADDITION FINAL PLAT APPROVED. Addition and South 40 Ft. of Lot 2, Ahnert's Addition into one 88-foot and one 75-foot lot facing Brookview Avenue, was presented carrying Planning Commission's February 4th recornendation for approval; and Tupa moved for Council approval of Final Plat. This Final Plat, of Lot 4, Pfaff's Motion seconded by Dickson and carried. "KO-KART" TRACK A?PROVED FOR YEAR 1961. February 4th recommendations, favorable to a '*Ko-Kart" Track operation just east of Southdale Bowl on W.69th Street, for the year 1961 only, and prescribing. restrictions for license for same. Beirn's motion approving operation in accordance with Planning Coarmission's recommendations, and referring licensing ordinance to Attorney Hasselquist for draft, was seconded by Dickson and carried. Council reviewed Planning Commission's "NINE-MILE CREEK LAKE" PRELIMINARY PLANS SUBMITTED. As a matter of information Planning Director Bite presented two plans for "Sine-Mile Creek Lake'*--the develop- ment contemplated at such time as the Uatershed District ponds waters in Mud Lake. One study showed proposed development upon re-alignment of Highway #169; the other, development if 9169 is not changed. No action taken. PAMEXA PARK DRAINAGE PROJECT APPROVED. Plan dated December 1, 1960 for Pamela Park Grading, Drawings 6019-1 and 6019-2, prepared by Harrison and Associates, were presented to Council by Manager Hyde. of Pdela Park, westerly for about 100 feet, and digging a ditch from the lake to W.58th Street. the level of the lake without flooding the back yards abutting the park on the east. He reported that, at a meeting with the owners of the abutting properties, held February 9, these persons had asked that the proposed ditch be mved to the east sufficiently far to assure them there will be no future public use of the land between their back yards and that childrenwould not find this area an attraction for access between their yards. opinion as to responsibility for cost of this work--that Mr. Wm. Crear of Southdale believes Southdale's responsibility was discharged by payment for the work done by Adolph Meyer and Associates; that Mr. Barr of the Adolph Meyer firm states he has taken topographic surveys which show the water will flow out of the park without the ditch; that Engineer Zikan indicates that plans sent out for bidding did not include a ditch; that Mr. French feels the ditch was eliminated from these plans only because Pamela Park development plans had not been completed at this time but that there was some general understanding that there would be financial cooperation from Southdale on the ditch when Pamela Park Plans were completed. This plan proposed filling from the east edge Mr. Hyde told Council plan had been devised as a method for keeping Mr. Hyde told Council there is a difference of 2/13/61 4 5.3 . ... .?. , .. . , . - . _,_. . . ,. . 263, Mr. Crear told Council that he has no memory of making a commitmentfor future . ditch; that he feels Southdale,has definitely fulfilled its financial obligations in this matter; that Southdale has never resisted an assessment where it was considered equitable but that the Company feels all obligations here have been discharged. Mr. Hyde told Council that, at the meeting with property owners Dorweiler, Sevareid, etc., it had been decided to leave the ditch in the location planned, to eliminate the planned fill between the property line and the ditch, and to move the outlet in a southeasterly direction to cut down the amount of filled land between private property and outlet. work is to be done at all it should be done now, before the frost leaves, but ,also stated he would like Council's decision as to method of financing, stating he believes property owners have a claim against Village for damages by flooding-- which claim would probably offset any special assessment. Mr. French told Council that the proposed construction would be a very definite improvement to Pamela Park because it would improve the playable area in the Park; that, for this reason he can see every justification for the use of park funds--but that Pamela Funds, as estimated, have been over-expended and this expenditure would mean re-allocation from the land purchase appropriation (which may be sufficient providing land can be secured for estimated prices) or from appropriations for development of other ar s Mr. H de re rt d that h itching is estimated to cost some $3,900 ; /k&&l? t~8$~~es&!rdpf%h &'!&kson-Belmore Lane Park at cost for moving, only. Dickson moved that Council approve the project as outlined by the Manager, and that Park Board make funds available therefor. Motion seconded by Tupa and carried. ,Manager then asked for authority to advertise for bids to be taken February 27, for dragline rental for ditching, and it was granted by motion Dickson, seconded by Tupa and carried. . He told Council that, if the PARK LAND PURCHASE APPROVED, FOR JACKSON-BELMORE LANE. It was reported that Lots 2, 3 and 4, Block 4, West Minneapolis Heights, and a house located on Lot 2, are available for purchase at $9,500; that Park Board recommends acquisition as extension to Jackson-Belmore Lane Park; that occupants have right of tenancy to August 1, 1961. Park Board's recommendation was seconded by -pa and carried. Beimi's motion that purchase be authorized in accordance with HAYS PARK DEVELOPMENT PLAN APPROVED. Parks and Recreation Director French presented to the Council the "Hays Park Development Plan*' preparsd by Harrison and Associates, Planning Engineers, and approved by the Park Board. It showed plan for a ''perimeter road", inside which will be an 18-hole golf course, a nine-hole Par 3 course, and a driving range, with some provision at the south end of the course for public access to the planned lake. Outside the perimeter road are areas shown for general park use--land to be left in its natural state; with an area at northeast of park for a second municipal swimming pool. French asked that this plan be given Council approval as the "general, overtall, land use plan for Hays Farm. Park Board will make a study on stages of devrSopment for Council consideration. A member of Harrison and Associates then outlined for the Council the proposed layout of the go13 course. At a question from Mr. Tupa as to the peat to be found on the property, Mr. Brauer explained that because of this situation extensive underdrainage systems must be constructed; that it will also be necessary to excavate these areas and then fill, before turf can be maintained on the tees and greens. the high water level established by the Watershed District; fairways will be right at high water level--which will mean that after a very heavy rain some of the fairways will have water standing on them. There was considerable discussion on the various provisions of the plan; and Dickson moved that the Hays Park Development Plan, as prepared by Harrison and Associates, be approved as the land use plan for Hays Farm. Mr. He said that upon approval by the Council the He reported that tees and greens will be four feet above Motion seconded by Beim and carried. STATE-WIDE UTILITIES RATE REGULATION POSSIBLE. Legislative Hearings would seem to indicate state regulation of utilities rates is a possibility; that the "Agency" bill is receiving strong opposition from utilities in the northern part of the state. Manager Hyde reported that WEED INSPECTOR APPOINTED FOR YEAR 1961. At the recommendation of Manager Hyde, Mayor Bredesen appointed Kent Riedesel as Weed Inspector for Edina for year 1961. COMMENDATION FOR PARK DEPARTMENT RECEIVED. care of hockey rinks was received fromMr. Wm. Greer on behalf of the E-M Junior Hockey Association. Commendation on Park Department's 2/13/61 COUNCIL ACTS TO REQUEST ADDITIONAL RURAL REPRESENTATION ON HENNEPIN COUNTY BOARD. Some discussion was had on St,Louis Park's recent action requesting the Legislature to increase the number of rural member$ on the County Board; and VanValkenburg offered the following Resolution and moved its adoption: RESOLUTION REQUESTING PROPER REPRESENTATION ON THE COUNTY BOARD OF HENNEPIN COUNTY FOR RURAL AND SUBURBAN HENNEPIN COUNTY. INCLUDING EDINA WHEREAS, population in the Village of Edina, and all of the other municipalities . in Hennepin Councy lying outstde the city limits of Minneapolis, has in recent years increased dramatically in proportion to that of the City of Minneapolis, and time is about 355,000 and the population of Minneapolis is about 483,000, and Minneapolis, and are elected by the City of Minneapolis voters, and Hennepin County are no longer arranged so as to give proportionate_gepresentation to citizens residing in that part of Hennepin County lying outside of the City of Minneapolis, therefore BE IT RESOLVED by the Village Council of the Village of Edina that the Hinnesota Legislature is requested to increase the number of Commissioners for the County Board of Hennepin County who are to be elected from the area of Hennepin County lying outside the City of Minneapolis, or in the alternative to cause the present Hennepin County Commissioner Districts to be fairly re-apportioned, all to the end that the citizens residing in.those portions of Hennepin County lying outside the City of Minneapolis may be proportionately represented on the County Board, WHEREAS, the population of suburban and rural Ifennepin County at the present WHEREAS, four of the five present County Board members are from the City of WHEREAS, the districts for election of Commissioners to the County Board of EDINA TO CONTINUE TO PARTICIPATE IN RUREL HENNEPIN COUNTY NURSING DISTRICT. The matter of Edina's continued participation in this organization came before the Council and was discussed, Manager Hyde reporting that Edina now has representation on the Board in the person ofNr.William S. Stocks, Jr., 5507 W. Highwood Drive. Beim offered the following Resolution and moved its adoption: RESOLUTION RELATING TO PARTICIPATION IN THE BmzAL HENNEPIN COUNTY NURSING DISTRICT WHEREAS, pursuant to Minnesota Statutes, Sections 145.08 and 145.12 provision has been made for a public health nursing district in that portion of Hennepin County outside the City of Minneapolis, and been organized and has been in operation for several years, and district and to provide it with adequate funds for its proper operation. that this political subdivision continue to be included in the public health nursing district of rural Hennepin County, organized on January 4, 19522 that it participate in the benefits thereof; and that it agrees to support on an apportion- ment basis its pro rata share of the cost of the administration of such district provided, however, that for the period of January 1, 1961 through December 31, 1961, this cost shall not exceed $.25 per capita on the basis of the official 1960 Federal Census. to continue to participate in such nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resolutions. WHEREAS, pursuant to such authority such a public health nursing district has WHEREAS, it is deemed necessary to continue the operation of such nursing NOW, THEREFORE, BE IT RESOLVED kby the governing body of the Village of Edina BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement on for adoption of Resolution was secon five ayes and no nays, as follows: Be lkenburg, aye; and Bredesen, aye; and CONDEMNATION AWARD TO GRANGERS REPORTED. Manager Hyde reported that Conmissioners have made an award of $1,900 to Winston G. and Carol V. Granger, Fee Owners, and Ben Franklin Federal Savings and Loan Assn., Mortgagee, in the matter of Village Condemnation of the Uest thirty feet of a part of Lot 1, Garden Park. Hasselquist explained that the award is high because the acquisition by the Village of this thirty feet will leave the owner with one building lot rather than two. He reconmended acceptance by the ViLlage of the award, and Beim so moved. seconded by Dickson and carried. Mr. Motion 2/13/6i I- .so3 .,--.. -c . __. ~ * .I... ~...*~~,~~~.. ",,~~"~*,.,.~,..,. "."2.."".""'"",..* PUBLlC HBALTH FOOD ORDINANCE TO BE PRESENTED NEXT WEEK. Manager Hyde 'reported that Village Sanitarian is recommending the adoption of the Public Health Food Ordinance; that St.Louis Park is now conducting public hearings on the same type of regulation; that our ordinance will be ready for Council consideration at the next meeting. BILLIARDS ORDINANCE was discussed, in view of requests 'for billiards at the Bowling Alleys. at establishments which sell beer is being checked by tzle attorneys before the presentation of ordinance to Council; that recommendatiZon should be ready for next meeting. NEWS LETTERS APPROVED FOR HOMESTEAD AND IRON REMOVAL PLANT INFORMATION. lursuant to a memrandum fromMr. Hyde to Council this past weeli, on the costs of printing and mailing village-wide newsletters, the matter of additional letters this year was discussed. letters too expensive, information should go out to property owners at the time Homestead blanks are mailed, and also at the time the Iron Removal Plants are put into operation; and these two mailings were approved by common consent. Mr. Hyde told Council that the matter'bf a prohibition of billiards Manager recommended that, if Council considers regular monthly ADDITIONAL ELECTION DISTRICT CREATED. Clerk reported that because of the population growth in the southern section of the Village, and because new Cornelia School now affords another polling place for this area, another Election District is now feasible and should be established in the interests of public convenience in,voting. Recommendation was made that an Election District be established for the area bounded on the North by the Crosstown Highway, on the South by the $outh Village Limits, on the East by the East Village Limits and on the West by Normandale Road; and that Cornelia School be established as the Polling ?lade for this new district. Dickson offered the following Resolution and moved its adoption: RESOLUTION ESTeLISHI& ADDITIONAL ELECTION DISTRICT AND POLLING ?LACE THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that said Village, heretofore composed of seven Election Districts, shall be and hereby is divided into EIGHT ELECTION DISTRICTS, and that boundaries therefor shall be, and hereby are, established as follows: in the boundaries created by Council Resolution adopted July 8, 1957. described boundaries: 1. In ELECTION DISTRICTS NOS. 1, 2, 3, 6 and 7, there shall be no change 2. North Boundary: W.58th Street Extended West, and W.58th Street, from East Boundary: South Boundary: West Boundary: Centerline of Highway No. 100 from Crosstown Highway 3. North Boundary: ELECTION DISTRICT NO. 4 shall include all the area within the following Centerline of Highway No. 100 to Centerline of Xerxes Avenue. Crosstown Highway. to State Highway No. 100. to West 58th Street, extended West. Centerline of Xerxes Avenue fromW.58th Street to Centerline of Crosstown Highway from Xerxes Avenue ELECTION DISTRICT NO. 5 shall include all the area within the following described boundaries: A Line extending due East front the Southwest Corner of Section 31, Township 117, Range 21, at County Road No. 18, along the South Section Lines of Sections 31 and 32, Township 117, Range 21, to Olinger Road; W.62nd Street, from Olinger Road to Centerline of Tracy Avenue; ' Centerline of Tracy Avenue, from Centerline of W.62nd Street to Centerline of Whiting Street; Centerline of Whiting Street from Centerline of Tracy Avenue to Centerline of Valley View Road; Centerline of Valley View Road, from Centerline of Whiting Street to Centerline of Highway No. 100. View Road to South Village Limits. to Centerline 02 County Road 18. a Line extending due East from Southwest Corner of Section 31, Township 117, Range 21. described boundaries: East Boundary: Centerline of Highway No. 100, from Centerline of Valley South Boundary: .South Village Liarits, fro= Centerline of Highway No. 100 West Boundary: Centerline of County Road 18, from South Village Limits to 4. North Boundary: Highway No. 100. East Boundary: Village Limits. South Boundary: Centerline of State Highway No. 100. West Boundary: ELECTION DISTRICT NO. 8 shall include all the area within the following Centerline of Crosstown Highway from Xerxes Avenue to State Centerline of Xerxes Avenue from Crosstown Highway to South South Village Limits from Centerline of Xerxes Avenue to Centerline of State Highway No. 100 from South Village limits to Centerline of Crosstown Highway. 2/13/61 BE IT FURTHER RESOLVED, that lolling Places for Elections to be held in the Village of Edina shall be at the following locations: 1 ELECTION DISTRICT NO. 1 - Wooddale Elementary School, W.50th St. and Wooddale Ave , ELECTION DISTRICT NO. 2 - Edina Village Hall, 4801W.SOth St. ELECTION DISTRICT NO. 3 - Junior High School, 4725 Southview Lane. ELECTION DISTRICT NO. 4 - Concord Elementary School, 4900 Concord Avenue. ELECTION DISTRICT NO, 5 - Cahill Elementary School, 5601W,7Oth St. ELECTION DISTRICT NO, 6 - Shepherd of the Hills Church, 500 Blake Road ELECTION DISTRICT NO, 7 - Edina Highlands Elementary School, 5505 Doncaster Way, ELECTION DISTRICT NO, 8 - Cornelia Elementary School, 7000 Cornelia Drive. I REQUEST TO HIGHWAY DEPARTMENT FORWATERMAZN FROM JOSEPHINE Am. TO SHERWOOD AVE. AMENDED. manner in which the Village made its request for watermain'construction; and VanValkenburg offered the following Resolution and moved its adoption: It was reported that the Highway Department is not satisfied with the RESOLUTION REQUESTING INSTALLATION OF WATEKMAIN UNDER TRUNK HIGHWAY NO. 100 FROM JOSEPHINE AVE. TO SHERWOOD AVE. WHEREAS, on September 26, 1960, the Edina Village Council by Resolution duly adopted, approved Pians and Specifications for Grading, Base and Surfacing, Trunk Highway No. 100-130 between W.64th St. and Valley View Road; and WHEREAS, said plans provided for the relocation of certain watermains of the Village of Edina between West 62nd and West 64th Streets; and WHEREAS, it becomes necessary to construct and re-locate a part of said Watermain by installation of a new line inW.64th St. between Josephine and Sherwood Avenues, under Highway No. 100-130, in order to provide continuity in the watermain system of the Village: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, that this Council request the State Highway Department to make the change necessary and as agreed upon between the State Highway Department and the Village of Edina to provide continuity in the water system and service to the area on the East side of State Sghway No; 100 and South of the Crosstown Highway, by installation of the aforementioned line. I Motion for adoption of Resolution was seconded by B were five ayes and no nays, as follows: Beim, pori, aye; Tupa, aye; VanValkenburg, aye; and Bredesen, aye; &d th , and on Rollcall there ResoILtion wpsj?adopted. 'Village Clerk v COUNCIL OBJECTS TO STATE HIGHWAY DEIARTMENT'S ACQUISITION OF PROPERTY FOR HIGHWAY NO. 169 RELOCATION RIGHT-OF-WAY. that the State Highway Department is proceeding to acquire properties along the proposed Highway No. 169, for right-of-way purposes. They recommend that the Council protest this property acquisition along a route not approved by the Council, adding that there are several alternate proposals for the route under study and they believe property acquisition, now, is decidedly premature. Resolution and moved its adoption: Manager and ?laming Director reported to Council Beim offered the following RESOLUTION OBJECTION TO ACQUISITION OF LAND BY MINNESOTA HIGHWAY DEPARTMENT FOR RIGHT-OF-WAY FOR TRUNK HIGHWAY NO. 169 RELOCATION I BE IT RESOLVED by the Council of the Village of Edina, Minnesota: of land by the Minnesota State Highway Department for the purpose of right-of-way for the proposed partial relocation of Trunk Highway No. 169 within the Village of Edina is considered by this Council as being inadvisable, premature and unreasonable, in that the existing plans for over-all relocation have not been approved by the Council of the Village of Edina; and that, in addition, this Council feels that the Minnesota State Highway Department has not given and is not giving due consideration to Trunk Highway No. 169 traffic studies currently being conducted by planning bodies both within and without the Minnesota State Highway Department. THAT the Minnesota State Highway Department be advised that any acquisition 2/13/61 . ~. 267 Motion for adoption of Resolution was seconded by Dickson, and on Rollcall there alkenburg, aye; and Bredesen, aye; PUBLIC HEARINGS SCHEDULE SUBMITTED. Mr. Hyde reported at some length on the tabulation of hearing dates prepared by the Engineering Department on petitioned improvements, this being a most comprehensive report of work to be done this year. Department for Hearings, with the possible exception of April 24--when it is possible that there' will not be four members of the Council present. told Council new dates will be set for these hearings. Council was in agreement with the dates set forth by the Engineering Manager EDEN AVENUE IMPROVEMENTS DISCUSSED. truck traffic on Eden Avenue between Highway No. 100 and Highway No. 169 the Mr. Hyde told Council that because of the -- maintenance cost on this street is almost prohibitive. be paved with concrete, after arrangements have been made to provide it with storm sewer, sanitary sewer and watermain. 'His report included the statement that storm sewer provision will pose some difficulties-that it may be necessary to request an easement from Our Lady of Grace Church for this purpose. Hyde's recommendations were accepted by Council, but inasmuch as plans have not yet been prepared, hearing dates could not be scheduled. He recommended that it Mr. $4 $3 ar"J P STORM SEWER HEARING SCHEDULED. by the Engineering Department, Manager Hyde asked that Council schedule Hearing for Monday, February 27, on a storm sewer in West Woodland Road; and Dickson offered the following Resolution and moved its adoption: As the first ?ublic Hearing on those proposed z m . .. .. .1 RESOLUTION J$OFRI@Gl FOR PUBLIC HEARING ON PROPOSED STORM BE IT RESOLVED by the Village Council of the Village of Edina: me Village: .Engineer, having gubmitted t9 thd Counci.1 a prelisnary - repoft as to the feasibility of the proposed STORM SEWER IMPROVEMENT described in the Form of Notice of Hearing set forth below, and as to the erkabalshed estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, February 27, 1961, at 7:OO P.M., in the Edina Village Hall, to consider in public hearing the views of all persons interested in said proposed improvement. time, place and purpose of said meeting to be published in the official news- paper once a week for two successive weeks, the second of which publications shall be not less than three days from date of said meeting, which notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING ON STORM SEWER 1. 3. The Clerk is hereby authorized and directed to cause notice of the EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, February 27, 1961, at 7:OO P.M., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Laws of 1953, C%hpter 398. The approximate cost of said improvement is,estimated by the Village Engineer as set forth below: ESTIMATE OF COST CONSTRUCTION OF VILWE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: On easement line between Lots 3 and 4, Block 1, Paul Wind Christoper 2nd Addition from West Woodland Road to 205.35 Ft. North; thence West along easement line 193 Ft. $ 9,341.64 On West Woodland Road from Wooddale Ave. to 281' West; The area proposed to be assessed for the cost of the proposed Storm Sewer includes all lots and tracts of land within the following described boundaries: 2nd Addn.; said pt. being,35' N. of SE Cor. thereof; th. W, parallel to N. line of West Woodland Rd. to W. line of Lot 9, B1. 1, Paul Wind Christopher Addn.; th. NWly parallel to and 35' E. of E. line of St.Johns St. to N. line of Lot 8, B1. 1, Paul Wind Christopher Addn.; th. NWly to a pt. 30' E. of W. line of Lot 7, B1. 1, Paul Wind Christopher Addn. and 95' S. of N. line of said lot; th. E. at right angles 19%; th. N. at right angles 30'; th. E. parallel to S. line of Tower St. to a pt. 50' W, of E. line of Lot 1, B1. 1, Paul Wind Christopher Addn.; th. S, and parallel to Wooddale Ave. a dist. of 50'; th. W, parallel to Tower St. a dist. of 30'; th. S. and parallel to Wooddale Ave. 150'; th. SWly to pt. of beginning. "Commencing at a pt. on E. property line of Lot 3, B1. 1, Paul Wind Christopher 11 GRETCHEN S, ALDEN Village Clerk 2/13/61 Motion for adoption of Resolution was seconded , and on Rollcall there were five ayes and no nays, as follows: Beim, a, aye; VanValken- burg, aye; and Bredesen, aye;. and the Reso NEw'%ECE€ANICAL AMUSEMENT DEVICE" ORDINANCE ADOPTED. Clerk recommended that, in the interests of better enforcement of ordinances, the various *?mechanical amusement device" ordinances into one; that fees for kiddy rides and all other devices except pinball machines be set at $25.00; that licenses be issued to the owners of the establishments in which machines are located, rather than to the owners of the machines. Dickson offered the following Ordinance, moving that Council dispense with second reading thereof and adopt Ordinance as offered: ORDINANCE NO. 23B AN ORDINANCE REGULATING AND LICENSING MECHANICAL AMUSEMENT DEVICES; REPEALING ORDINANCES NOS. 23A, 24 AND 26 THE VILLAGE COUNCIL OF THE VILT,AGE OF EDINA ORDAINS: Section 1. Definition. The term %achine" as used herein mans a mechanical amusement device of any of the following types: (a) insertion of a coin, slug or other token operates, or may be operated, as a game, contest or other amusement only and which contains no automatic payoff device for the return of money, coins, merchandise, checks, tokens or any other thing or item of value; provided, however, that such machine may be equipped to permit a free play or game; (b) mechanical miniature pool tables, bowling machines, shufEle boards, electric rifle or gun ranges, miniature mechanical devices and games or amuse- ments patterned after bb'seball, baEketbali', hockk$rLh'd similar -games and like devices, machines or games which may be played sofely for amusement and not as gapbling devices, and which devices or games are played by the insertion of a coin or coins or at a fee fixed and charged by the establishmend in which such devices or machines are located; or amusement devices designed for and used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices, not operated as a part of or in connection with'any carnival, circus, show, or other entertainment or exhibition. by the public in any place in the Village unless it has been licensed pursuant to this ordinance. The license shall be issued to the applicant, who shall be it is to be maintained. The application for license shall contain the name of the applicant, or if a partnership or firm the names of all partners or persons interested therein, or if a coporation the state or incorporation and the names of all officers and managers, the residence address of all persons named in the application, and the business address of the applicant, and shall state whether or not any person named in the application has ever been convicted of any crime. The application shall also describe the machine and the premises upon which it is to be located. If the machine is of the type described in paragraph (c) of section 1, the applicant shall also subkit with his application a policy or duplicate policy of liability insurance running for a period not less than the license period, applicable to death or injury caused by the operation of the licensed machine, in the minimum amounts of $25,000 for injury to or death of any person, or $50,000 for one accident, which policy shall be written by a com- pany authorized to do business in the State of Minnesota. After the filing of the application the Manager shall forward the 'application to the Police Department for investigation and report. After investigation the Police Department shall report to the Manager and make its recommendation as to the granting or denial of the license. Section 3. fee, which shall be $100 for each machine described in paragraph (a) of section 1, or S2S for any other machine. the 1st day of April after issuance. and furnish to each licensee a metal tag or plate clearly designating the'licensing of each machine or device, which said tag or plate shall be securely fastened to the machine or device at such place on the machihe so that the tag or plate is easily and immediately disceniible. a machine or contrivance, including 'Pinball't machines, which upon the <Y I$' * I'd (c) Section 2. App lication Form. No machine shall be maintained for operation the owner or lessee of the premises where Fee; Each application shall be accompanied by the license Section 4. Section 5. License Period; License Tans. All licenses granted hereunder shall expire on Upon issuance of a license the Manager shall issue 2/13/61 289 .i Section 7. Location of Machine. No machine shall be located, placed, maintained or operated on any public street, avenue, boulevard, lane, alley or other public ground within the Village. No machine of the types described in paragraphs (a) and (b) of section 1 may be played or used by any person under the age of 18 unless he is accompanied by a parent or natural guardian, nor shall any person in charge-of the ptemises where the machine is located permit a machine to be played or used in violation of this section. maintained or operated as to be capable of taking more than one coin, token or slug per player for any one game, and multiples of the design, kind or character of the game are prohibited. such machine, or for the owner or operator ef any establishment where it is located to permit the same to be used for gambling or for the making of bets or wagers. Section 11. Pay-Offs. It shall be unlawful for the licensee or for the owner or operator of the establishment,where such machine is located to give any money, token, merchandise or any other thing of value or any reward or prize in lieu of free games registered on such machine, and all free games so registered shall be played on the machine registering such free game, and there shall be no device on the machine whereby the operator can cancel registered free games. Section 12. Automatic Pay-Offs. No person, firm or corporation shall keep, maintain, sell or permit to be operated in his, its, or their place of business any machine whBch has been converted into an automatic pay-off device which shall discharge coins, checks or other tokens to the operator or player of such machine. into an automatic pay-off device. Section 13. Destruction of Illegally Operated Machines. Any machine which shall have been made us of in violation of sections 10, 11 and 12 of this ordinance may be seized and destroyed in compliance with the provisions of the statutes of the State of Minnesota relating to gambling devices. shall be held to apply to any machine held or kept for sale or storage and which is not actually in use or displayed for use. adjudged to be invalid by a court of competent jurisdiction, such judgment or decree shall not affect or impair the remainder of this ordinance. . the terms of this ordinance shall upon conviction be fined not more than $100.00 or imprisoned for ngt wre than 90 days. repealed effective April 1, 1961, and licenses granted thereunder shall expire on said date. This ordinance shall become effective on April 1, 1961. Section 8. Operation by Minors. Section 9. Multiple Machines. No such machine shall be so constructed, Section 10. Use for Gambling. It shall be unlawful for the owner of any No person, firm or corporation shall convert any machine Section 14, Certain Machines not Repulated. Nothing in this ordinance Section 15. Severability. If any part of this ordinance shall be Section 16. Penalty. Any person, firm or oorporation guilty of violating Section 17. Repeal; Effective Date. Ordinances Nos. 23A, 24 and 26 are Motion for waiver of second reading and adoption of Ordinance as submitted was seconded by Tupa, and on Rollcal follows: Beim, aye; Dickson, aye; Tupa, Bredesen, aye; and the Ordinance was ado COUNCIL APPROVES CONVEYANCE OF PART OF LOT 2, BLOCK 1, McCAULEY HEIGHTS-HALLA REPLAT. settled relative to the conveyance of title of a part of Lot 2, Block 1, McCauley Heights-Halla Replat, subject to Council's waiver of platting regulations. Village Attorney Hasselquist reported that matters have now been Dickson offered the following Resolution and moved its adoption: WHEREAS, Selmer E. Halla, also known as S. E. Halla, and LaVina M. Halla, husband and wife, desire to convey a tract of land situate in the Village of Edina, Hennepin County, Minnesota, to Maynard B. Hasselquist and Lorraine S. Hasselquist, husband and wife, as joint tenants, which tract of land is described as follows, to-wit: Southeasterly of a line parallel with and 20 feet Northwesterly, measured at right angles, from the Southvasterly line of said Lot 2, and lying Northeasterly of the Northwesterly extension of the Southwesterly line of Lot 2, Block 1, Replat of Lot 3, McCauley Heights First Addition, according to the respective maps or plats thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota; RESOLUTION APPROVING CONVEYANCE "All that part of Lot 2, Block 1, McCauley-Heights-Halla Replat, lying and 2/13/61 WHEREAS, Said tract of land is a 20 foot strip of land adjoining Lot 2, Block 1, Replat of Lot 3, McCauley Heights First Addition, which property is presently owned by said Maynard B. Hasselquist and Lorraine S. Hasselquist, husband and wife, as joint tenants; and WHEREAS, Minnesota Statutes, 1957, Section 471.29, provides that no conveyance shall be made or recorded if the parcel described in the conveyance is less than 2.5 acres in area and 150 feet in width, with certain exceptions not pertinent hereto, in any municipality in which platting regulations are in force, provided, however, that in any case where compliance with such statute will involve unnecessary hardship and failure to comply does not interfere with the purpose of such platting regulations, the governing body of such municipality may waive such compliance by adoption of a resolution to that effect with the consent of the planning commission; and and wife, have requested that the Village Council of the Village of Edina waive compliance with said statute on the basis that compliance therewith will involve an unnecessary hardship and failure to comply will not interfere with the purpose of such platting regulations; and and vailure to comply will not interfere with the purpose of such platting regulations, and the planning commission has consented to the conveyance of said property above described. Edina, that the compliance with Minnesota Statutes 1957, Section 471.29, is hereby waived with respect to the conveyance to Maynard B. Hasselquist and Lorraine S. Hasselquist, husband wife, of said property above described, and the conveyance of the said property above described shall not be deemed a violation of said statutory provision. WHEREAS, Said Maynard B. Hasselquist and Lorraine S. Hasselquist, husband WHEREAS, Compliance with said statute will involve an unnecessary hardship NOW, THEREFORE, BE IT RESOLVED, by the Village Council of the Village of Motion for adoption of Resolution was secon were five ayes and no nays, as follows: lkenburg, aye; and Bredesen, aye; eim, and on Rollcall there CLAIMS PAID. Dickson's motion for payment of the following Claims, as per Pre-List dated February 13, 1961, was seconded by Beim and carried: General Fund, $21,754.06; Park, Park Sinking and Swim Pool Funds, $27,410.42; Waterworks Fund, $23,657.74; Liquor Fund, $30,904.31; Sewer Rental Fund, $1,204.58; Improvement Funds, $699,835.76, and loor and P.I.R. Funds, $460.15--TOTALS $805,227.02. Meeting was adjourned at 10 :10 ?.M., b econded by Tupa and carried.