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HomeMy WebLinkAbout19651115_regular11/15/65 :- 4 259 MINUTES OF THE REGULAR MEETING OF THE EDINA VXLLAGE COUItCIL, HELD MONDAY, NOVEMBER 15, 1965 AT THE EDINA VfLLAGE HALL ROLLCALL was answered by Members Macfdillan, Tupa and VanValkenburg: being absent, VanValkenburg served as Mayor Pro-Tem, Mayor Bredesen BIDS, REXEIVED FOR TEMPORARY IIuIPROVEMENT BONDS , by Clerk, which affidavits were approved as to form and ordered placed on file, Hyde opened five bids for Temporary Improvement Bonds in the amount af $1,400,000 and Af$idavits of Publication were presented Manager announced the tabulation as follows: John Nuveen & Company was low bidder at 3.0369% net interest cost; Northwestern National bank of Minneapolis was second low at 3,07%; Girst National Bank of Minneapolis was third low at 3,095%; Goodbody Gompany was fourth low at 3,199% and American National Bank & Trust Company of St, Paul was high at 3.375%, Bids were then handed to Mr. Dalen for verification of tabulation. ,At this time Mayor Bredesen amived and presided for the remainder of the meeting. PUBLIC HEARINGS HELD ON TWO PROPOSED STORM SEWERS, Clerk presented Affidavits of Publication in the Edina-Morningside Courier on November 4 and 11 and of Mailing on November 5, which Mfidavits were approved as to form and ordered placed on file. Pursuant to due notice given, Public Hearings were conducted on the following proposed improvements and action was taken by Council as hereinafter recorded: A, CONSTRUCTION OF STORM SEWER IMPROVEMENT IN THE FOLLOWING: From a point on Warden Avenue 215 feet west of Johnson Drive tp 190 feet north. Estimate of Cost was given at $3,350.13 to be assessed against an estimated 270,500 square feet at an estimated cost of $0.0124 per square foot. pipe for this storm sewer would run from the low point in the block to the existing stom sewer‘in Warden Avenue, Lot 3, Block 1, Warden Acres, Larson’s Replat, stated that he had already been assessed for storm sewer and questioned whether he could be assessed for two storm sewers on the same groperty. Mr. Hyde replied that overlapping assessment could be made because this would be an addition to the present stom setter, since the original installation had not provided for the back yard low spots which were flooded last spring, $ question from a lady in the, audience, Mr, Hite replied that grading would not help this situation, but that a second low spot to the north of the block would be graded to allow water to drain from it to the proposed storm sewer, Mr. Gerald Brown, 56014 Warden Avenue, stated that before Johnson Drive was graded and paved, there had been no problem in this area, Mr. Hite stated that the construction of streets often redirects natural drainage. €4r. R. S. Uppgaard, 5620 Johnson Drive, asked if he wouLd be assessed for his entire lot, etren though only part of it slopes to Johnson Drive, He was told by Mr. Hite that he would be assessed only €or the portion of his lot which drains to the rear. klr, Uppgadrd then asked if it would cost less to bring in fill, to which Mr. Hite replied that this would be more costly than the proposed storm sewer, Mr. A, E, Melin, 5632 Johnson Drive stated that ice has formed in this spot even from the little rain of the past few days and stated that he thoughtit most imphrtant that the project be authorized in view of the danger to children. Mrs. L. A. Kerber, 5608 Warden Avenue, stated that she had water two feet deep in her basement last spY”i.ng but had never had any trouble before the new houses were built, In reply to a question as to when the project would be installed, Mr, Hite stated that he hoped it would be-completed prior to next spring’s run-off, Improvement later in Minutes. 1 B, CONSTRUCTION OF STORM SEWER IME’ROVEMENT IN THE FOLLOWING: South lot line of Lot 1 Block 1, LaBuena Vista Addition, from Tracy Avenue to 90 feet west, was given by Manager Hyde at $1,522,46 to be assessed against an estimated 156,993 square feet and at $0,0097 per square foot, Mr, Hite stated that the purpose of this project is to drain a low point in the block at 5705 West 68th Street (Lot 2) directly to the east at which point it would connect with an existing pipe, Mr. Neil A, McLean, 5801 W. 68th Street, asked if the possibility of adding fill to the low spot had been investigated, Mr. Hite replied that the house at the site of the Low spot has’a walk-out basement and that this would not be possible. Mr. McLean stated that although he realized that his property drained toward the low spot, he did not feel that he would receive any benefit from the proposed sewerr He further stated that Mr. Howard GI Mickus, who owns the property at 5705 W, 68th Street, does not want the storm sewer installed and that the people who had been complaining about the problem have moved. Mr. Hite stated that the problem at this location is severe and that the Village had spent a number of hours pumping and sandbagging. Mr, James E, Johnson, 5700 Brook Drive, stated that he had talked to Mr, Mickus who felt that the storm sewer was needed, Mr, Stuart Ferreira, 5716 Brook Drive, stated that he did not feel that his lot drains to Mr. Mickus’ lot and that he feels that the problem is one for Mrr Mickus himself to solve. Mr, Hite assured him that the elevatiw would be re-checked. A geneleman in the audience stated that Mr, Henry Oltmanns, 5717 Brook Drive had a much more severe problem than this and that he is having a three inch core hole drilled down to the frost line himself in order to solve his problem, Mr, Hite explained that Mr, D, N. Paetznick, 5609 Tracy Avenue, owner of In reply to No further discussion was heard on this proposal. (See Resolution Ordering Estimate of Cost Mr. Hite stated that the Village was not aware of 11/15/65 . f 6 Mr. Oltmanns' action and that Nr. Oltmanns had requested a storm sewer to serve his property which has been set for hearing, Mr, Ferreira asked if it would be feasible to drill a catch basin and let the sandy soil serve as a seepage pit. that in most cases this is not successful and that unless it is dug out and cleaned out, it would not work for more than a year. Mr. Hite replied There being no further discussion, Topa offered the following Resolution and moved its adopt ion : RESOLUTION ORDERING STORE1 SEHER IMPROVEMENTS NOS. 98 AND 99 BE IT RESOLVED by the Village CounCi3., Village of Edina, Minnesota that this Council heretofore caused notices of hearings to be duly published on the following proposed improvements. 1. 2. .CONSTRUCTION OF STORM SEWER INPROVEMENT in the south lot line of Lot 1, Block 1, At the hearings 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 deterinine to proceed with the construction of said improvements, and said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: \ I CONSTRUCTION OF STORM SEWER IHPROVEMENT from a point on Varden Avenue 215 feet west of Johnson Drive to 190-feet north. LaBuena Vista Addition, from Tracy Avenue to 90 feet west. No. 1 above STORM SEWER JXPROVEMENT NO, 98 No. 2 above STORM SEWER IMPROVEMENT NO. 99 and areas to be specially assessed therefore shall be as follows: For Storm Sewer Improvement No. 98 - Commencing at the Northeast corner of Lot 2, Block 1, Warden Acres Kiser Replat; thence northwesterly to a point in Lot 4, Warden Acres, said point being 85' North of the Southeast corner and 45' West and perpendicular the East lot line of said Lot 4, warden Acres; thence Northerly 45' West of and parallel to the West right-of-way line of Johnson Drive to a point in part of Lot 2, Warden Acres, said point being 105' North of the Southeast corner ind 45' West and perpendicular.to the East line of said part of Lot 2, Warden Acres; thence Northwesterly to a point on the West line of part of Lot I, Warden Acres, said point being 10' South of the Northwest corner of said part of Lot' 1, Narden Acres; thence Southerly along the West line of part of Lot 1, Warden Acres to the Northeast corner of Lot 3 , Block 1, Marden Acres Larson's Replat; thence Westerly along North line of Lot 3, Varden Acres Larson's Replat, a distance of 202.50' ; thence Southerly 45' East of and parallel to the East right-of-way line of Tracy Ave. to the South line of Lot I, Block 1, Warden Acres Kiser Replat; thence Easterly'along the North line of Greenleaf Manor Addition to 17' East of the Northeast corner of Lot 4, Greenleaf Manor Addition; thence Southerly and perpendicular to the North line of Greenleaf Manor Addition, a dist&ce of 80'; thence. Southeasterly to a point in Lot 1, Gr?eenxeaf Hanor Addition, said point fjeing.30' West of the East line and 40' North of the South line of sad Lot 1, Greenleaf Manor Addition; thence Northeasterly to the Northeast corner of Lot 1, Greenleaf Manor Addition; thence Northwesterly to a point on the North line of Lot 3 , Block 1, Warden Acres Kiser Replat , said point being 50' West'of the Northeast corner of said Lot 3, Block 1, Warden Acres Kiser Replat; thence Northerly to a point in Lot 2, Block 3, Warden Acres Kiser Replat, said point being 20' South of the North line and 50' West of the East line of said Lot 2, Block 1, Warden Acres Kiser Replat; thence No&heasterly to the Northeast corner of Lot 2, Block 1, Warden Acres Kiser Replat which is the point.of beginning, For Storm Sewer Improvement No. 99 - Commencing at a point on the East line of Lot 26, Block I, La Buena Vista Addition, said point being 120' South of the Northeast corner thereof; thence Southwesterly to a point in the Hest line of said Lot 26, said *point being 55' North of the Southwest corner thereof; thence N&t to a point on the East line of Lot23, Block 1, LaBuena Vista Addition, said point being 55' North of the Southeast corner thereof; thence Southwesterly to a point on the West line of said Lot 23, said point being 45' North of the Southwest' corner thereof; thence Westerly to the West line of Lot 22, Block 1, LaBuena Vista "Addition, said point being 45' North ofthe Southwest corner thereof; thence North along said West lot line of Lot 22 a distance of 22'; thence Northwesterly to a point on the Hest line of Lot 21, Block 1, LaBuena Vista Addition, said point being 100' South of the Northwest corner thereof; thence Northerly to a point in the North line of Lot 20, Block 1, LaBuena Vista Addikion, said point being 50' West of the northeast cor'ner thereof; thence Northeasterly to a point on the East line of Lot 7, said point being 85' South of the Northeast corner thereof; thence Easterly to the East line of Lot 6, Blokk 1, LaBuena Vista Addition, said point being 60' South of the Northeast corner thereof; thence Easterly to a point on the Uest line of Lot 3, Block J., LaBuena Vista Addition, said point being 60' South of the Northwest corner thereof; thence Northeasterly to a point on the East line of said Lot 3, said point being 40' South of the Northeast corner thereof; thence Easterly to a point on the East line of Lot 2, Block 1, LaBuena Vista Addition, saih point being 50' South ofthe Northeast corner thereof; thence Easterly to a point in Lot 1, Block 1, LaBuena Vista Addition, said point being 50' South of the North line and 50' West of the East line of said Lot 1;thence Southeasterly to a point on the East line of said Lot 1, said point being 130' North of the Southeast corner thereof; thence South to the point of beginning, and the esolution was u Motion for adoption of Resolution seconded by ATTEST :gh f CA Q Village Clerk I 11/15/65 SALE OF TEMPORARY IWROVEMENT 'BONDS 'APPROVED, the meeting and stated that he had- checked over the bids and had found that they were all in order. adoption : At this point, Mr. Dalen returned to Member Tupa then introduced the following Resolution and moved its RESOLUTION AWARDING SALE OF $1,400,000 TEMPORARY IMPROVEMENT BONDS BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of John Nuveen E Company and associates named therein, to purchase $1,400,000 Temporary Improvement Bonds of this Village, to be dates as of December 1, 1965, and to be issued as specified in the o€ficial notice of sale thereof, is hereby found and declared to be the bid most favorable to the.Vil1age received pursuant to due notice, and should be and is hereby accepted, said bid being to purchase said bonds at a price of par and accrued interest plus $884.00 premium, all bonds to bear basic interest from date of issue until paid at the rate of three and 10/100 per cent (3.10%) per annum, The Mayor and Village Manager are authorized and directed to endorse an acceptance on said bid and on a copy thereof, and to return such copy to the bidder, The treasurer is directed to retain the good faith check of said bidder pending delivery of the bonds and payment therefor, and the-goo be forthwith returned to them,. checksAof other bidders shall The motion for the adoption of the foregoing Resolution was seconded by Member MacMillan, and upon vote being taken thereon, the following voted in favor thereof: MacMillan, Tupa, VanValkenburg and Mayor Bredesen; there were no votes in opposition, whereupon said Resolution was declard duly passed and adopted, and was signed by the Mayor and attested by the Village Manager moved its adoption: After discussion, Member VanValkenburg introduced the foLlowing Resolution and RESOLUTION DIRECTING THE ISSUANCE OF $1,400,000 TEMPORARY IMPROVEMENT BONDS, FIXING THE FORM AND DETAILS THEREOF, AND PROVIDING FOR AND APPROPRXATING SPECIAL . ASSESSMENTS FOR THE PAYMENT THEREOF. BE IT RESOLVED by the Village Council of the ViUage of Edina, Minnesota, as follows : shall be dated December 1, 1965, and shaLl be 280 in number and numbered from 1 through 280 inclusive, in the denomination of $5,000 each. All of the bonds shall mature on December 1, l966, without option of prior payment, and shall bear basic interest from date of issue until paid at the rate of three and 10/100 per cent (3.10%) per annumb Interest on all of said bonds shall be payable on June 1, 1966, and on December 1, 3966, Company in New York, NeM York, and the Village agrees to pay the reasonable charges of such paying agent, substantially the following form: 1. The bonds sold this date shall be denominated Temporary Improvement Bonds, Both principal and interest on said bonds shall be payable at Empire Trust 2, Said bonds and the interest coupons appurtenant thereto shall be printed in UNITED STATES OF AMERICA STAT€ OF MZNNESOTA COUNTY OF HENNEPIN VILLAGE: OF EDINA TEMPORARY IMP ROVE MENT BOND NO + $ KNOW ALL\iMEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer the sum of FIVE THOUSAND DOLLARS on the first day of December, 1966, without option of prior payment, to pay interest on said principal sum from the date hereof until said principal. sum is paid at the rate of three and ten one hundredths per cent (3.10%) per annum, in accordance with and upon presentation and surrender of the interest coupons hereto appurtenant. New York, New York, in any coin or currency of the United States of America which on the respective dates of payment is legal tender for public and private debts. For the prompt and full payment of such principal and interest as the same become due, the full faith, credit and taxing powers of the Village are hereby irrevocably pledged, all of like date and tenor except as to serial number, all issued for the purpose of defraying expenses incurred and to be incurred in the constructing of improvements in and for said Village, and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, and pursuant to resolutions duly adopted by the Village Council, the Temporary Improvement Bond Fund of the Village, to which fund khere have been appropriated the special assessments levied or to be levied for the improvements Interest on this bond is payable on June 1, 1966 and December 1, 1966, Both principal and interest are payable at Empire Trust Company in This bond is one of an issue in the aggregate principal amount of $1,400,000 This bond is payable primarily from 11/15/65 financed by this issue, and into which, fund will be paid the proceeds ofthe definitive improvement bonds which the Village is required by law to issue at or prior to the maturity of this bond forthe purpose of refunding the same so far as special assessments theretofore collected are not sufficient for the payment thereof. IT IS HEREBY CERTIFIED., COVEHANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of lilinnesota to be done, to exist, -to happen and to be performed preliminary to and in the issuance of this bond to make it a valid and binding general. obligation of said Village according to its terms, have been done, do exist, have happened and have been performed as so required; that, if necessary to pay the principal of and interest on this bond, ad valorem taxes are required by law to be levied upon a11 taxable property in the Village without limitation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of th eVillage to exceed any constitutional or statutory limitation of indebtedness. by its Village Council, has caused this bond to be executed by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and sealed with the Village seal, has caused the interest coupons appurtenant hereto to be executed and authenticated by the printed, engraved or officers, and has caused this bond to be dated as of December 1, 1965. IN WITNESS WHEREOF, the Village of Edina, Hennepin County, State of Idinnesota, lithographed facsimile signatures of said (Facsimile signature) I- Mayor Attest : Village Manager (Form of Coupon) NO a $ On the 1st day of June (December), 1966, the Village of Edina, Hennepin County, Minnesota, will pay to bearer at EmpSre Trust Company, in New York, New York, the sum shown hereon in lawful money of the United States of America, for interest then due on its Temporary Improvement Bond, dated December 1, 1965, No. . (Facsimile signature) (Facsimile signature) Village Manager Mayor and shall be executed on behalf of the Village by the facsimile signature of the Mayor, attested by the manual signature of the Village Manager, and by affixation of the corporate seal. The interest coupons appurtenant to the bonds shall be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the tilayor and Village Manager. When said bonds have been so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the purchase price b Said bonds shall be primarily payable from the Temporary Improvemerit Bond Fund created by resolution of this Council dated December 30, 1957; but if moneys in said fund should at any time be insu€€icient to pay all principal and interest.due on such bonds, thevillage covenants and agrees that it will provide sufficient moneys to restore such deficiency in the manner set forth in said resolution. has levied or will levy special assessments with respect to the improvements financed by the bonds herein authorized, in the principal amount of not less than $1,502,641.79, and all collections and prepayments of said assessments on or before December 1, 1966, shall be paid into the Temporary Improvement Bond Fund of the Village. It is estimated that of said special assessments, not less than $20,816.00 will be prepaid onor before June 1, 1966, and will be available to pay interest coming due on that date. The full faith, credit and taxing powers of the Village shall be and are hereby irrevocably pledged for the prompt and full payment of the principal of and interest on said bonds as they respectively become due. for the payment of the principaL of and interest coming due on this issue on December 1, 1966, since the bonds are to be refunded by the issuance of definitive improvement bonds on or prior to December 1, 1966, as required by and set forth in Chapter 475, Minnesota Stat ut es . County Auditor of Hennepin County, a certified copy of this resolution and to obtain from said County Auditor a certificate setting forth the registration of said bonds in his register in accordance with the provisions of Minnesota Statutes, Section 475.63. authorized and directed to prepare and furnish to the purchaser of said bonds and to the.attorneys approving the legality of the issuance thereof certified copies of a31 proceedings and records relating to said bonds and to the financial affairs of the Village, and such other affidavits, certificates, and information as may be required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and a11 such certified copies, certificates and affidavits, including any 3. Said bonds shall be prepared under the direction of the Village Manager 4. ' The Village I However, no tax is presently required to be levied 5. The Village Manager is hereby authorized and directed.to file with the . 6. The officers of the Village and the said County Auditor are hereby 11 be deemed Mayor 11/15/65 The motion for the adoption of the foregoing resolution was duly seconded IvlacMillan, Tupa, VanValkenburg and Bredesen , whereupon said resolution by Member Tupa, and upon vote being taken thereon, the following voted in favor thereof: was declared duly passed and adopted and was signed by the Mayor, which was attested by the Village Manager, ASSESSMENT HEARING FOR SANITARY SEGER NO. 226 POSTPONED TO DECEMBER 6 beBAuse one of the principals is in a hospital in Wisconsin, VISITING-GIRL SCOUTS WERE WELCOMED TO THE MEETING, WATER METER CONTRACT AWARDED. approximate three year supply of water meters as follows: MI?, Hyde pzesentdd tabulation of bids for an Badger Hersey-Sparling Meter Des-cript &on Meter cob 5/8" x 3/4" 'm Meter cob $ 32.51 3/4c" x 3/4" 47;07 47e68 1" 68, 92 69, 81 1-1/2" 129 31 130 6 87 2 '1 194635 195628 Add to above prices for remote reading instrument ab88 8.50 2" compound 3510 06 360.15 3" compound 527.19 541617 6" . compound $1,747 00 $1,790 50 4" compound 876 00 898,02 MacMillan Is motion awarding contract to recommended low bidder, was seconded by Tupa and carried unanimously, Neptune Meter cob $ 32a68 47e88 70.30 132a24 197a60 no bid 196a08 542 b 75 9OOa25 $1,795 30 Badger Meter Company , ICE CONTROL SALT CONTRACT AWARDED, Mr, Hyde presented tabulation of two bidders for a year's supply of ice control salt as follows: Cargill, Inc. was low bidder for Sodium Chloride (State of Minnesota SpeciEcations #3910) at $9b90 per ton delivered in Edina and $9,50 at their plant, and for Sodium Chloride with Carguard corrosimn inhibitor, $13.90 per ton delivered in Edina and $13.50 per ton at their plant. Cutler-Magner Company was high with a bid of $10.80 delivered in Edina and $llr80 at their plant for Sodium Chloride (State of Minnesota Specifications #3910), No bid was submitted by them with corrosion inhibitoc added, Mr. Hyde stated that the State Highway Department * the City of Minneapolis and many adjoining municipalities are using corrosion inhibitors, Sodium Chloride with Carguard aom recommended low bidder, Cargill, Inc., was seconded by Tupa and carried, Mact4illan's motion for approval of purchase of DIESEL POWERED ROAD GRADER CONTRACT AWARDED. five bidders for a diesel powered road grader as follows: was low bidder at $18,893.00 for a LeTourneau-Westinghouse 440H w/oil clutch; Tri-State Machinery Company was second low at $19,575.00 for Huner Model 10-D; Hall Equipment Company was third low at $21,491,00 for a Galion Model 118-A Motor Grader w/Wausau Wing, and Minnesota Tractor Company was high at $27,000 for A-C Model MlOOB, VanValkenburg's motion for award to recommended low bidder, George TI Ryan Company, was seconded by Tupa and CaPriedb Manager Hyde presented tabulation of George T, Ryan Company ORDINANCE, NO.. 26.1-119 APPROVED CONDITIONALLY, presented by Clerk, which affidavits were approved as to form and ordered pLaced on file, !h?b Fredlund presented request of Mr. John 0, Louis for zoning change from Open Development District to R-3 District for Lots 1 and 2, Wilkin's Addition, which property is located on the north side of Interlachen Blvd. at Hankerson Avenue extended. Mr, Fred Melby, of Miller and Melby, presentdd plans for an eight unit apartment building which would provide two enclosed parking spaces for each unit and a parking area in front which would accomodate seven or eight guest cars. would be two stories high in the front and three in the rear, recommended approval on the basis of single family requirements as far as density is concerned, made it impractical to construct single or double famiLy dwellings, 5215 Interlachen Blvd,, inquired whether or not the lot would be filled and was told by Mr, Melby that the building is designed to fit the site as it is, Mrsb G, Craiher Lyon, 5224 Interlachen BLvd., asked where the entrance would be and was told that it would be directly across from Hankerson AVe, and that the structure is to be constructed 114 feet from the right-of-way Line of Interlachen Blvd. Mr. Lester Gb Johnson, 4820 Rutledge Aver, asked assurance that the elevation would not be raised higher than the existing lots to the east, Mr, Melby stated that it would not be raised cwer two feet at the driveway and that additional elevation at that point would decrease drainage because the parking lot drains on down, MI?, R. A, Applegren, 5024 Hankerson Aver, asked how Affidavits of Mailing and Posting were The proposed building Planning Commission has Mr?b Fredlund stated that the excessive lot depth and grade of the property Mrr William Dickson, 11/15/65 %his building would affect be continued until thenext sewers and drainage. meeting because he did not feel that a sufficient number He further requested that the matter of property owners had attended the meeting, both sanitary and storm sewers are adequate to take care of any additional needs caused by the proposed construction, what benefit this building would serve to the neighborhood or to the Village. He was told by Mayor Bredesen that.there could-presumably be more tax benefit in relation to tax use with an eight unit building as compared with individual dwellings. Mr. Hite added that the Planning Commission was concaned with improving the neighborhood but felt that a property owner should be allowed as much freedom as possib1e.h using his property, unless his actions would be detrimental to the area. Mayor Bre.desen stated that he considered that the quality of the building would tend to enhance the surrounding property, fdr. Applegren then inquired whether or not there wodd be a gradual change in zoning from the Grandview Area which would cause depreciation of surrounding property, Mr. Hyde stated that the only possible change would be some ofthe older houses on Summit Ave..and the house behind Bob's Brookside Station. He also mentioned the plans for the over-all development in that area. Mayor Bredesen pointed out that theplanning Commission has, over the years, endeavored to preserve the attitude and atmosphere that Edha t&es to maintain ahd that they attempt to be watchful for any indication of the.depreciation of property values, There being no further discussion, Madifillan then offered the following ..Ordinance, publication and posting of which are to be withheld pending evidence of filing of a deed restriction limiting the property to eight dwePling units and until application has been made for a building permit for the same.plan as presented.at the Zoning Hearing: h. Hyde assured Mr. Applegren that Mr. Michael Daggitt, 5211 Interkachen Blvd., asked I ORDINANCE N0,.261-119 AN ORDINANCE AbENDING ORDINANCE NO.. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL R-3 MULTIPLE RESIDENCE DXSTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: I Section, L, Paragraph 1, Multiple Residence District Boundaries, of Section 4, (I4ultiple Residence District) of Ordinance No..261 O€ revised ordinance of the Village of Edina, as amended, is hereby further amende,d by adding the following subparagraph: District R-3 : "(11) Section 2. Lots One (1) and Two (21, Nilkin's Addition.ll This Ordinance shall be in full force and effect from and a€ter its passage and publication according to.law. Motion for adoption of the ;.Ordinarice was seconded there were four ayes and no nays and the .'Ordina' e,was adopted. VanValkenburg and on Rollcall ATTEST 1 : ynhb V & 423 &# Mayor Village Clerk ORDINANCE NO..263-120 ADOPTED. Inc., of the North 135.05 feet of Lot 11, Block 8, Edina Interchange Center, from Planned Industrial District to C-2 Commercial, District, in order to operate a restaurant on the property which ik-lbhteConlthe,lot immediately south of the Phillip's Oil Stationr understands that there are not 3,000 to 4,000 employees engaged in occupations in that area and that a food facility is a complimentary use for the district. presented a picture of the Embers Restaurant at 26th and Hennepin Avenue and stated that the proposed building would be similar. frontage road constructed from the south and that access will be from that frontage road. to the north. restaurant, Mr. Hite stated-that the Planning Commission has noted that the Commercial Ordinance does not provide for limiting hours unless use is in proximity to a residentid district. hours of operation. Ordinance and moved its adoption: Mr, Hite presented request for zoning change by Embers, Mr. Hiram Edelman, representative of Embers, Inc., stated that he He Mr. Hite stated that thereswill be a Until that road is construated, access to the site will be from a private-road In reply to Mr. Hyde's question regarding hours of operation of the They have not, therefore, recommended any restrictions as to There being no further discussion, Tupa then offered the following I ORDINANCE NO, 261-120 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE OF EDINA BY ESTABLISHING ADDITIONAL C-2 CO@lERCIAL ZONING DISTRICT . THE VLLLAGE COUNCIL OF THE VILLAGE OF EDINA, 14INNESOTA, ORDAINS: Section 1. Paragraph 3, Boundaries of-the Commercial District of Section 31, Commercial District Ordinance No. 261 of revisedqordinances of the Village of Edina, as amended, is hereby .further amended by.adding the following subparagraph: "(b) District C-2 17. The North 135.04 feet of Lot Eleven (111, Block Eight (8), Edina Interchange Center." This ordinance shall be in 5ulL force and effect immediately after . Section 2* its passage and publication. 11/15/6 5 PETITIONS RECEIVED. The Engineering DeGartment for p;rogzamming, by motion of VanValkenburg, seconded by The following petitions were accepted and ordered filed with Tupa and carried: 1. Pe-rmanent Street Surfacing E Curb in Tamarac Lane from Aspen Road to end of road; Tamapac Avenue fpom Highway #l69 to Aspen Road; Aspen Road all in Gleason 2nd Addition. Permanent Streek Surfacing & Curb'in Parnell Avenue between W. 60th Street and Valley View bad. Sanitary Sewer in Indian Hills Pass between Gleason Road and Indian Hills Road, 2, 3, MIRROR LAKE TERRACE GRANTED PRELIMINARY PLAT APPROVAL. Commission had recommended approval of preliminary plat for Mirror Lakes Terrace which is located on the north side of Interlachen Blvd, between Blake Road and Schaefer Road extended. for Lot 2 of the proposed subdivision; (2) that water storage easement be entered on Lots 1 and 2 at an elevation of 924. plat approval of Mimor Lake Terrace as submitted by VanValkenburg. unanimously aarried . Mr. Hite stated that Planning VanValkenburg moved approval subject to (1) that sewer and water be provided MacMillan seconded the motion for preliminary Motion was CLAGRAMAR I11 ADDITION GRANTED PRELIMINARY PLAT APPROVAL, for preliminary plat approval of Clagramar 111 Addition which is a seven lot plat located north of the Sheldon Uertz Edina Estates Addition between Olinger Road and Arbour Avenue, approval of road profile, storm sewer and catch basin plans, for preliminary approval, as recommended by Planning Cormnission, was seconded by Mr. Hite presented request Planning Commission recommended preliminary approval subject to VanValkenburg's motion -e Tupa and carried. MALLARDLECOND ADDITION GRANTED FINAL PLAT APPROVAL. MP. Hite stated that Planning Commission had recommended final plat approval for the four,Lot plat located on the east side of Normandale Road, just north of Payton Court. final approval for Mallard Second Addition was seconded by MacMillan and carried. Tupa's motion for granting REPLAT- OF LOTS. l AND 2, WARDEN ACRES GRANTED PRELXIVIINARY AND FINAL APPRQVAL. presented request, as recommended by PLanning Department, for preliminary and final Mr. Hite approval for Replat of Lots 1 and 2, Warden Awes. platting pattern as lots immediately to the west of them on Tracy Avenue, motion for preliminary and final plat approval was seconded by VanValkenburg and unanimously approved. These lots would reflect the same Tupa's VARIANCE REQUESTS HEARING DATE SET, and carried, December 6 was set for Hearing Date for the following Variance requests: Upon motion of VanValkenburg, seconded by Tupa 1. 2, State of Minnesota - Lot front Variance for Lot 2, Block 2, Baoad Oaks Addition, Inland Builders - Lots 2 and 3, Block 8, Edina Interchange Center - Side Yard Variance HEARING, DATES SET FOR TWO ORDINANCE AMENDMENTS. by Tupa, and carried, December 6 was set for Hearing date for Ordinance No, 261-121 which would establish a R-1 Single Family District drid Ordinance No. 261-122 which would amend'Ordinance No. 261-19 (Medical District Ordinance), Upon motion of VanValkenburg, seconded SKYLINE BUILDERS' ZONING REQUEST TO R-4 DISTRICT DENJED FOR LYNMAR LANE AND W.1, 72ND ST. Mr, Hite reported that Planning Commission had recommended denial of a proposal to construct a 32 unit apartment at Lynmar Lane and W, 72nd St. VanValkenburg's motion seconded by Tupa and carried to accept the recommendation of the Planning Commission was unanimously carried. J. RUZIC REQUEST FOR R-4 DISTRICT IN SIOUX TRAIL DENIED. Commission had recommended denial of the request of J, Ruzic for R-4 zoning in Sioux Trail, on County Road 18 north of Valley View Road. Planning Commission recornmendation was seconded by MacMillan and unanimously carried. Mr. Hite stated that Planning Tupa's motion for appvoval of HOWARD-NELSON DENIED R-2 ZONING FOR 6117 HALIFAX AVE. Mr. Hite informed Council that Planning Commission had recommended denial of the request of Howard Nelson to convert a single family home into a two-family dwelling, Tupa's motion to deny the request as recommended by Planning Commission was seconded by VanValkeriburg and unanimously carried . PLANS-FOR DAYTON DEVELOPMENT BETWEEN FRANCE AND YORK AVE. AND We 69TH ST. AND W. 70TH ST. DISCUSSED.' buildings to be constructed by Dayton Development between France and York Avenue Mr. Hite stated that plans for the first of six commercial and W, 69th and W. 70th Streets had beensapproved by Planning Commission. STREET.NAMI$ CHANGE HEARLNG DATE SET, of VanValkenburg, seconded by MacMillan for the fol&owing street name changes: Hearing Date of December 6 was set by motion 1. Limerick Drive - (East-West Portion) to W. 64th-St. ... . 2, 3. Limerick Circle East to I?. 64th St. 4. 5. 6. Limerick Ibive - (Mestern North-South Portion) to Limerick Lane Limerick Circle West to Limerick Drive East Road to Skyline Drive West Road to Skyline Drive STREET NAME. OF "ELECTRONICS AVENUE" NOT APPROVED, . Mr. Hite informed Council that a letter cd been received Emm the Einneapolis Post Office stating that 14~. Lloyd Roy had proposed the name "Electronics Avenue" for an unnamed street in the Edina Interchange Center, of Council that Mr, Hite should*contact Mr, Roy to determine a name wHLch was mutually sat is f actory . Because the name is too long, it was the concensus of opinion MORNINGSIDE ANNEXATION ACTION DEFERRED. recommended that no action be taken on the informal petition which was submitted to the Council of the Village of Edina by residents of the Village of Morningside until the Minnesota Municipal Commission refers it back to Council, approving Mr. Whitlock's recommendation was seconded by MadiIillan and carried unanimously . Mr. Hyde stated that bir. Hhitlock had . VanYalkenburg' s motion TV-RADIO ANTENNA. REGULATION DISCUSSED., received from residents in the Southdgle area objecting to the erection of a large steel Mr. Hyde informed Council that letters had been structure for amateur radio transmission. of other municipalities and had found that most cities have a regulatory ordinance requiring a permit and electrical inspection, but that the Minnesota Supreme Court had held in 1944 that St. Louis Park could not prohibit such towers from being built. Mayor Bredesen stated that he had received a letter from Mr. A. E. Stadler, 7332 West Shore Drive, an amateur radio operator,which stated that these towers do not cause J television interference. the fact that they consider the towers cause poor television and radio reception and- by the fact that they detract from the appearance of the neighborhood. Gillin, 4506 Golf Terrace, stated that every amateur operator is duty bound to keep his ' under control and that if he does not, the F,C.C. gives the openator a ticket and allows him only a short time to make the necessary corrections before cancelling his license. his home in Edina, asking if there were any regulations prohibiting installation of these towers-and was told that there were none. A gentleman in the audience stated that he is the Edina Civil Defense Radio Officer and that a number of operators use their antennas for civil defense and in all types of disasters as well as for their own personal use. activity a hobby, but pointed out that these operations are used to promote electronics and design among amateurs to aid and benefit all people. there is no question ofthe public services performed by the amateurs, but that: he does not feel that the high antennas do anything to enhance the beauty of the neighborhood. Attorney Thomas Hay advised that he thought that there is still a good deal that can be done by regulations which might be adopted by the Village, but that the use of air space . above properZy as opposed to public air space would.have to be investigated. stated that he believes that anything within reasonable limits could not be prohibited as long as the tower is constructed in a manner to provide for safety and protection of life and property. There being no further discussion, Mayor Bredesen stated that the matter will be investigated only to the point that the Village Attorney can indicate He stated that he had looked into regulations Mayor Bredesen stated &hat residents are disturbed both by I Mr. John J. Mr. Stadler advised Council that he had written Mr, Hite prior to purchasing He stated that their license and regulations do not call this Mayor Bredesen stated that He further . that it can be controlled, ORDINANCE ON CAR STORAGE IN RESIDENTIAL AREA DISCUSSED. complaints had come to his attention relative to the condition of the property of Dr.Joseph G. Brennan at 6425 Indian Hills Road. Mr. Hyde stated that Dr. Brennan has a hobgy of rehuilding old classic cars and maintaining them on his yard. showing the condition of the property were produced, Whitlock had been unable to find any existing ordinance which would force Dr. Brennan to clean up his yard. Attorney. Spencer which would amend Ordinance Nor 143 which prohibits certain nuisances in the Village. the Planning Commission in Columbia Heights, he thought that, perhaps, Ordinance No. 143 was sufficiently broad to force Dr. Brennan to clean up his property at once, and Mr. Whitlock will confer and determine what acsion should be taken. Manager Hyde stated that many Pictures Mr. Hyde stated that Attorney Mr, Hyde presented a proposed ordinance amendment dram by Attorney Hay stated that from experience he has had as a member of Mr. Hay 11/15 /6 5 267 I ALLEGATIONS CONCERNING ELECTROLYSIS IN EDINA WATER SYSTEM DENIED, zouncil 'that an article had appeared in the Edina-Morningside Courier stating that the Village water system had electrolysis because the system was not grounded, matter was given to Bantster Engineering Company in order to ascertain whether or not there was any truth to the story. was unfounded because the entire water system is grounded, A ORDINANCE NO. 1461,OFFERED FOR FIRST READING, Ordinance No, 14% regulating conduct and activities in Edina parks, was offered by VanValkenburg for First Reading as follows : Mr. Hyde informed The MP, Banister's opinion was that thetarticle ORDINANCE NO, 146-A AN ORDINANCE aGULATING CONDUCT IN PUBLIC PARKS; PROHLBITING CERTAIN ACTIVITIES AND DESTRUCTION OF OR INTERFERENCE WITH PAW PRQPERTY; AND PRESCRIBING A PENALTY, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. cut, break, scratch, mark, OI? in any way injure or deface or remove any Destruction, Defacement or Theft of Park Property. No person .* shall building, fence, post, pump, lamp, flagpole, construction work, improvement, facility or any other feature or any other feature or property in any public park; or any structure, tree, stone, fence, thing or enclosure in any public park, unless by authoi5,zation in writing by the Village; or injure or deface any tree, shrub or plant in any public park; or or any newly plucked branch or portion thereof, or any soil or o*her material belonging in or pertaining to such park; or prohibitory sign is posted. or other object, or aim or dischapge any air gun, sling shot or other weapon in a public park except pursuant to the rules of a permitted game or recreation, shali throw, deposit, place or leave in any public park or waters therein any paper, ,rubbish, waste, cans, bottles, grass blades, or refuse of any kind, whehher or not the same is offensive to the senses or injurious to health, except in receptacles provided for the collection of waste, (a) (b) post, paste, fasten, paint or affix any placard, bill, notice or sign upon (c) pick or cut any wild or cultivated flower, or cut, break, or in any way (d) carry within or out of any public park any wild flower, tree, shrub, plant, (e) go on foot or otherwise upon thegrass or turf of any public park where a Sec. 2, Wanton Conduct; littering, No person shalL throw or cast any stone No person Sec. 3. Fire2 No person shall start or maintain any fire in any public park, except small fires made by leave any fire made or used by him unextinguished when he leaves the public start any charcoal fire or other fire in a portable container or burner and (a) picnic parties in locations designated for the purpose by the Village; or (b) park; OD (c) then leave a public park kithout having completely extinguished the fire and deposited the ashes or coals from such fire, after they have cooled sufficiently, in receptaoles provided for waste; OF of the Village; provided, however, that a manufactured heater burning liquid fuel may be used if a written permit for such use is given by the Director of Parks, No person shall appear on any municipal golf course or tennis court or in any public park unless wearing trousers, shorts, bathing trunks or a skirt, and also clothing adequately covering the upper portion of the body; provided that in areas designated for swimming, girls under five (5) years of age and males may wear only swimming or bathing trunks, Sec. 5, Pr,ohibited Activities. No person shall distribute or display within any park any circulars, cards or announcements, (d) start or maintain any fire on the ice on any lakes under the jurisdiction Sec, 4, Proper Clothing Required. (a) printed or not, for events other than those sponsored by or with the participation or endorsement of the Village; or articles which interfere with the free use and enjoyment of the park by the public; or (c) in any public park without the written permission of the Director of Parks, or (e) assembly or meeting in any public park without the written permission of the Director of Parks; or (f) refkeshments or other articles may be sold by the Village or by persons authorized to do so by the Villag;; or use any threatening, profane, abusive, disorderly, insulting or indecent language, or perform any act tending to a breach of the peace, or play at games of chance, or do any indecent, lascivious, lewd or improper act in any public park. (b) place or keep in any public park any goods, wares, merchandise or other participate in or conduct any band, procession, parade or military formation give any public speech or hold or participate in any rally, convention, sell or offer for sale any article in any public park; provided, that (g) 11/15/65 See. 6. Parking and Driving Vehicles. No person shall be or remain in, or park or leave any vehicle in any public park between (a) the hours of 12 midnight and 6 a.mr, except when the vehicle is moving upon established park roadways; or for parking or travel. (b) drive or park a vehicle on any turf area of any public park not designated Sec. 7. Animals in Parks. No person shall take or allow any dog or other animal in or upon any public pvk, park waters, bird or anima1 refuge, park building, or skating rink where forbidden by posted signs; or take or allow any cattle, mules, swine, sheep, goats or fowl in or upon any public park or public waters The prohibition of this'section shall not apply to animals kept by the Village or under its direction or with its permission. any public park except in Braemar Park, on established roadways and unimproved land therein, but not within the golf course area. (a) (b) I Horses may not be taken or allowed in Sec; 8. Hunting or Interfering with Animals-. No person shall rob, injure or destroy any bird nest, aim or discharge any air gun, slingshot (a) ot other weapon or throw any stone or other missile at any bird or bird nest or wiJd creature in any public park, or capture or kill any bird or creature therein; or set, lay, prepare or have in possession ahy trap, snare, artificial light, net,'bird line, ferret, hawk or any contrivance whatever for the purpose of catching, taking or killing any bbd or wild creature in any public park, . Sec. 9. Fishing Regulations. No person shall fish in any lake, pond or stream under the-jurisdiction of the Village unless fishing thesein is permitted by the Village, nor shall any person erect permanent or portable shelters on any such lake or pond unless authorized by written permit issued by the Director of Parks. . . (b) I. Sec. 10. Skating Regulations. No person shall engage in any of the following acts on public skating rinks, unless pursuant to a program of organized " .- - winter sports conducted by the Village, viz. ; skating in a group of more than three. pensons, racing, playing of games which interfere Qith the general public use of the rink, sledding or toboganning, using hockey'sticks or pucks in areas not makked for hockey play., or lounging or loafing on the ice or in waiting rooms. Sec. 11. Boating Regulations. No person shall place, have or use any motor boat or any other mechanically .propelled boat on any lake, pond or stream in -- - the Village unless such boat is being'used in an emergency or for-maintenance of the lake, pond or stream. Every person aboard a water craft on any lake,,pond or stream in the Village shall wear or have within reach a life preserver vest or similar bouyant device capable of keeping such person afloat . _, Sec. l3, Aeroplanes Prohibited, No person shall use .any park, lake, or Fany public place, under the control of the Village of Edina, or any part of either, for a starting OF landing field for aeroplanes OF air vehicles of any kind. Bathinp- Restrictkd. of or adjoining any public park except at the places and during the hours shown by signs placed at the spot by order of the Director of Parks. G Sec. 1;3. No person shall bathe in or enter the waters Sec. 14. General Restrictions on Athletics; Fee. No person shall play or participate in baseball, diamond ball, basketball, football, golf, tennis, archery . or any other game or sport in any public park except in or upon appropriate meas established by the Village for such game or sport. or enter upon any tennis court, golf links; archery range or other athletic grounds without paying an admission or entry fee when one is required. regulations may be made from time.to time by the Village by order of the Director of Parks governing the use and enjoyment of public parks, playgrounds, lakes, ponds, streams and public park and recreation facilities, which shall be prominently posted or publicly announced in the places where they are intended to apply. who violates a rule or regulation so posted may be excluded from the use of the park, playground, lake, pond, stream or park or recreation facility, and may in addition be prosecuted as for a misdemeanor. Sec. 16. Penalty. Any-person who vidlates or fails to comply with any provision of this ordinance, or with any posted or publicly announced rule or regulation ofthe Villyge for the use of or conduct in public packs oc recreation facilities under the jurisdiction of the Village, shall be guilty of a misdemeanor, and subject to a fine of not to exceed $100, or imprisonment for a period not to exceed 30 dayst with costs of prosecution to be added in either case. This ordinance shall be in full force and effect immediately upon its passage and publication. No person shall play upon, use Sec. 15. iliscellaneous Rules and Regulations. Additional rules and Any person Sec. 17. . ijr. frlacl4illan questioned who would determine whether OP not clothing was adequate as provided in Section 4, and was told by Manager Hyde that the Police would hake the determination. a permit from the Park Director for making a public speech. is primarily needed to give the Village notice of any large meetings so that they can MacMillan then questioned Section 5, item (e) in respect to needing Mr. Hyde stated that this f 269 11/15/'65 provide traffic control. event that someone makes a speech advocating the overthrow of the government, it might be well to have certain members of the police available as a safety measwe for protection of the people in the communityb Purpose would not be to prohibit the speech, but to have everything capried out in an orderly fashion, no further discussion, VanValkenburg stated that his motion for First Reading still Attorney Hayes stated that this is necessary because in the i There being stodd, 0, 142-4 PRESENTED FOR FXRST EADING, Manager Hyde presented Ordinance No. 142-4 for First Reading, stating that this Ordinance would allow plantings of bushes and erection of fences on easements and would also permit the erection of six square foot signs so that real estate signs are permitted. offered Ordinance No. 142-4 €or First Reading as follows: VanValkenburg then ORDINANCE NO, 142-4 AN ORDINANCE AMEIlSDING ORDINANCE NO, 142 OF THE VILLAGE, RELATING TO OFFENSES AGAINST PUBLIC PLACES, PROHIBITING SNTERFERENCE WITH PUBLIC GROUNDS * ? INCLUDING STEET AND UTILITY EASEMENTS, . THE VILLAGE COUNCIL OF THE VILLAGE OF EbINA, MfNMESOTA, ORDAINS; Section 1, Ordinance No6 142 of the Village, as amended by Ordinance No. 142-3, is hereby further amended by amending paragraph (b) of Section 2lthereof to read as follows: "(b) The following exceptions are hereby established to subsection (a) : (L) of such grounds, streets or easements not used for travel or for access by the public or the Village. (2) Vehicles may be parked in the manner and to the extent permitted by Ordinance No, 191 (Traffic and Parking Ordinance) (3). Driveways may be cut and surfaced, provided they do not exceed a width of 25 feet and their location does not violate any ordinance of the Village. (4) Trees and sheubs may be planted in public road easements, or in public streets, boulevards, alleys and highways when permit has been obtained therefor under Ordinance No. 162, temporary use and not exceeding 6 square feet in area may be placed on the untravelled portion of a street bettnteen the curb and the property line, which is subject to an easement for public utility purposes and is not also subject to any easement for public travel or highway purposes." and publication thereof. Accumulations of snow and ice may be deposited upon those portions (5) Portable or easily removable signs of a temporary nature and for (6) Trees and shrubs may be planted, and fences may be erected, on land Sec, 2, This ordinance shall be in full force and effect upon the passage ORDINANCE NO. 5lB-2 ADOPTED AT SECOND READING, Mr. Hyde presented Ordinance No. 51B-2, which amends the Building Code, for Second Reading, following Ordinance for Second Reading and moved its adoption: VanValkenburg offered the ORDINANCE NO. 5lB-2 AN ORDINANCE AMENDING ORDfNANCE 110, 51B THE BUILDING CODE OF THE VILLAGE OF BDINA THE VILLAGE COUNCIL OF THE VILLAGE OF EDINAS MINNESOTA, ORDAINS: Section 1, The following sentence of Paragraph (d) , Section 4, "Building permit^ Fees ,I1 : of $lOO,OOO,OO or more at the rate of one-half' the building permit fee," is hereby changed to read as foL1ons: in Group I and two-family dwellings in Group H, at the rate of one-half the building permit fee, It and publication "A plan checking fee shall be charged for alL work with a valuation "A plan checking fee shall be charged for all work, other than that Section 2& This Ordinance shall take effect immediately upon its passage VanValkenburg's motion €or adoption was and on Rollcall there were four ayes and no nays and the Ordinance was ATTEST : 1 May or I Village CLerk I '270 1 11/15/65 GRADE APPROVED FOR COUNTY HIGHWAY 62. meeting the preliminary plan for the construction of the Crosstown Highway from Tracy Avenue to County Road 18 had been approvedB but that the County is now =questing a formal resolution. itk adoption: tlr. Hyde informed Council that at an earlier VanValkenbwg then offered the following Resolution and moved RE SOLUTION . proposed alignment, profiles, grades and cross-sections, together with specifications and special provisions for the (construction), of County-State Aid Highway No. 62 within the limits of the Village as a Federal Aid Pmject'have been prepared and presentedzto the Village: special provisions be in all things approved. Motion for adoption of the Resolution was seconded b ATL B. 7!! Mayor WHEREAS, plans for State Project No. 27-662-19, SU 7550(2) showing ' NOW, THEREFORE, IT IS RESOLVED: That said plans, specifications and fl cMillan and on Rollcall a11 P&& voted aye and the Resolution was adopted, & Village Clerk RESOLUTION CHANGING VOTING HOURS RESCINDED. to set the Polling Hours at 4':'OO PIN. to 8:OO P.M. Resolution and moved its adoption: Mr. Hyde informed Council that according law it is necessaxy to rescind the resolution approved on October 18, 1965, which MacMillan then offered the following RESOLUTION RESCINDING HOURS DURING WHICH POLLS SHALL REMAIN OPEN DURING VILLAGE ELECTION IJHEREAS, the Resolution changing voting hours wliich was passed by this Council October 18, 1965, was adopted because of the lack of contest for the Village Election of November 2, 1965, and WHEREAS a normal number of voters are anticipated for future elections, NOW, THEREFORE, BE IT RESOLVED by the Village Council, Village of Edina, that the Resolution of October 18, 1965, changing vot;ing hours for the Village Election of November 2, 1965, be and hereby is rescinded. 14otion for approval of the Resolution was secon aye and the Resolution was adopted. ATTEST: and on Rollcall, all voted 0 8 -_. 7h, Mayor . , Village Clerk t2-L FLOOR COVERING APPROVED FOR BRAEMAR ARENA. Hinnesota Mining E Manufacturing -Company product called "Tartan Surface" which the Hr. Hyde showed Council a samp,le of a Park Department would like to use fob the lower level of the area where skaters walk with skates at Braemar Arena. 712 square feet at $1,959.38 is requested,' This item is covered in the capital budget for the Arena. This product is guaranteed and a min5mum order of Tupa's motion for approval was seconded by VanValkenburg and carried. CLAIMS. PAID. following ylaims as per Pre-List as follows:' General Fund, $19,950.46 ; Construction Fund, Park, Park Construction, Park Sinking, Swim Pool, Golf Course and Recreation Center, $165,071.39 ; Water Fund , $10,241. 75 ; Liquor Fund, $57;341.24; Sewer Rental Fund, $347,55; Improvement Funds, $277,714.11; Temp. Impr. Fund and Poor Fund, $15,384.70; Total,' $682,227475, Motion by Tupa was seconded by MacMiUan and carried for payment of the COLLATERAL SUBSTITUTION APPROVED, Treasury Bonds of 3-7/8% due November 15, 19711 for $100,000 of 4% Series E Bank Notes due November 15, 1966, at Franklin National Bank. Motion by MadSiLlan for approval of Mr. Dalen's request was seconded by Tupa and carried, Mr. Dalen requested permission to substitute $50,000 I TREASURER% REPORT as of October 31, 1965, was submitted, reviewed and ordered placed on file by motion of Macl.lillan, seconded by Tupa and carried. GOLF COURSE CONSTRUCTION COSTS as of October 31, .reviewed and ordered placed on file by motion of 1965, was presented by Mr. Dalen, VanValkenburg, seconded by Tupa and - carried. COMPLAINT OF MRS. GRETCHEN NELSON,, 6506 Wilryan, relative to the barking dog of Mr. Warren A. Orenblad, 6509 Tingdale Avenue, was read by Mayor Bredesen. Bredesen then turned the letter over to iMr. Hyde who will communicate with both Mrs. Nelson and Mr. Ortenblad. Mayor The meeting's Agenda having been covered, VanValkenburg's motion for adjournment was seconded by Tupa and camied. Adjournment at 9:20 P.M.