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HomeMy WebLinkAbout19660221_regular2/21/66 I MINUTES OF THE REGULAR MEETING OF' THE EDIMA VILLAGE COUNCIL, HELD t40NDAY, FEBEUARY 25, 1966, AT THE EDZNA VILLAGE HALL n ROLLCALL was answered by Members Johnson, MacMillan, Tupa, VanValkenbwg and Bredesen. HINUTES of the Regular iygeting of February 7, 1966, were approved as submitted by motion of Trustee VanValkenburg, seconded by Trustee Johnson and carriedr MAYOR COI414ENTS ON UNNECESSARY EXPENSE INCURRED BY FEDERAL GOVERNMENT . Mayor Bredesen ..showed a copy of Tieauty for America" which had been sent to him by the Federal Governmen$. $,5,00 and that the expense of distribbting one copy to each municipality in the United States should be a matter of concern to every citizen, PUBLIC, HFAR,Ii\iGS CONPUCTED ON VARIOUS LNPROVEMENTS . . Aff'idavits of Publication in the Edina-MorningsiZCourier on February 10 and 17 and of Mailing on February LL, 1966, were submitted by Clerk, approved as to form and ordeyed-placed on file. due notice given, Public Heaeings were conducted on the following proposed improvements and act'ion has taken by-Council as hereinafter recorded: A. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOIJING : The Mayor stated that he'considered that each book must cost at least Pursuant to Easement line along Minneapolis, Northfield and Southern spur line traok from Eden Avenue south to the center Line of Downing Street extended; thence west along the.center line of Downing Street extended a distance of 240 feet. Mr, Hyde explained that this is a rehearing of February 7 at which time it had been requested that the Ninneapolis, Northfield & Southern Railway be sent a notice of Public Hearing, properties at an estimated cost of $3,149.16 per connectionr attorney for the Minneapolis, Northfield qnd Southern Railway Mho owns parcels 1040, 1030 and 1100, stated that the railway company would grant the necessary easement through their property but requested that no assessment be made until their property required a sanitary sewer connection. 14r. Smiley of Minneapolis, Northfield and Southern Railway stated that Parcel llQO is completely vacant and that Bepg E Farnham Company and Agri-Vita Company who have warehouses on Parcels 1130 and 1140 are not in qeed of sanitary sewer at this time. Mr. Kenneth Harvey, owner of Block 1, Lot 2, Wanner Addition, stated that he would be agreeable to a deferred assessment agreement. Trustee VanValkenburg stated that it should be noted at the time of the assessment hearing that assessment should be made equally between owners of Lots 2 and 3, Block 1, Wanner Addition, but that in the event that sanitary sewer is installed in the railway property at any later date, the assessment will be split three ways and owners of the previously assessed property reimbursed proportionately. offered. B . CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: Estimate of cost was given at $9,477,49 to be assessed against three Ih. Charles Hornb No fupther discussion was See Resolution Ordering Improvement later in Minutes, klaloney Aver from County Road #L8 to Jackson Ave. Belmore Lane from County Road #18 to Monroe Ave. Second Str South from Jackson Aver to Harrison Aver Harrison Aver from 2nd St. South to 310 feet south Alley between Harrison Ave. and Tyler Ave. from 310 feet south of 2nd St. South to 380 feet south of 2nd Str Griffit St. from Spruce Rdr to 420 feet south Easement line from Griffit St, to pond Spruce Rd. from 200 feet east of Griffit St. to Griffit St, Blake 'Rd. from Maloney Aver to Belmore Lane Belmore Lane from Blake Rd. to Griffit St. . Griffit St. from Belmore Lane to south line of Lot 2, Block 14, Easement line along Lot 2, Block 14, Mendelssohn Addition to the ' Easement line from Harrison Aver east to alley I Idendelssohn Addition center line of Arthur St. extended; thence southerly to the.noPth line of Davies First Addition Block 5, Mendelssohn Addition center line of vacated alley Rd. to 20 feet south of the north line of Lot 8, Block 5, blendelssohn Addit ion from center line of vacated alley to John St. Addition to Belmore Lane Blake Rd. from 250 feet north of Belmore Lane to north line of Lot 2, North line of Lot 2, Block 5, Idendelssohn Addition from Blake Rd. to Center line of vacated alley, Block 5, Mendelssohn Addition from Spruce A line 20 feet south of the north line of Lot 8, Block 5, MendeLssohn John St. from 20 feet south of north line of Lot 8, Block 5, Mendelssohn Belmore Lane from John St, to 160 feet west Easement line along the east line of Lots 11 & 12, Block 12, Mendelssohn Addition from Belmore Lane to 15 feet north of south Line of said Lot 11 *' 3 \ 2/21/ 66 E ement line 15 feet north of the north lines of Lot 10, Block 12, and Lot 3, Block 11, liiendelssohn Addition to the east line of Lot 3 extended north 6, North line of Lots 1 and 2, Block 1, Kresse Addition Replat to pond Easement from pond in the north l/2 of Block 9, IvIendelssohn Addition to pond in south 1/2 of Block 9, Mendelssohn Addition Easement line from point in east line of Lot 3, Block 1, Replat of Block 22, Mendelssohn Addition northeasterly to pond at l.ialoney Ave b extended Easement in Lot 4, Block 1, Kresse Addition from Kresse Circle to pond Easement line from Grove Place to Belmore Lane Belmore Lane from Grove Place extended to pond Easement Line from northeast corner of Lot 2, Block 1, Uendelssohn 17aterman Ave. from east line of Lot 2, Block 1, Mendelssohn Sorensen John. St. from Maloney Ave. north to cul-de-sac Sorensen Replat south to Mirror Lake Replat east 130 feet Mr. Hyde stated that this is a project which has been under study for many years and that as the area develops, the problem is becoming more severe* improvement was given at $281,572 to be assessed against 5,787,218 assessable square feet at a rste of 4.5$ per square foot. intended to provide complete storm sewer service for the area locatedto the west of Interlachen Country Club and north of either Maloney or Vaterman Avenues. He stated that necessary street improvements in that mea cannot be made until this problem has been alleviated. Hr, Hite explained that the westerly project would consist of laterals priwily serving the 'iJest t4inneapolis .Heights area which would connect to a storm sewer in County Road 18. between 1967 and 1969, area would consist of pipes which would drain through a system of ponding areas and finally into i-Iirror Lake. E&. Hite noted the possibilLLy of a future additional assess- ment of approximately 1/2$ per square foot for the County Road 18 storm sewer and in the event that Hirror Lake needed to be drained at some future time easterly to Highland Lake and then to Minnehaha Creek, Heights- and Mendelssohn areas had cost- the Village approximately $lO,OOO to alleviate in 1965. Mr. Harold Johnson, 6512 Maloney Avenue, .stated that he represented 91.9% of the property owners in the area,-all of whom are opposed to the proposed storm'sewer. E4r4 Johnson presented a detailed evaluation.which he had prepared of the areas in which he considered storm water a problem, . unsatisfactory because they deal with individual problems, because they -are too expensive and because they do not adequately solve the existing problems. stated that in his opinion streets which run north and south could be paved whether or not the storm sewer is installed at this time. He suggested that the ViUage-.exercise control in granting building permits on marginal land and that a grzduated schedule of assessment be set up according to benefit derived, project be postponed until the larger pipes are installed in County Road 18. Bredesen stated that the Village cannot continue*to spend the amount of money that has heen spent for street maintenance and pumping without residents of the area assuming additional costs €or this service. tend to cause a more rapid run-of€ and that this would aggravate the problem areas. Nr. Hyde informed Hr. Johnson that attempts by the Village to dehy building permits had been taken to court and the Village had often lost its case. Speaking in opposition to the storm sewer proposal were Messrs. E* 14, Carroll, 6221 14aLoney Avenue; C, G. Olson, 6220 Belmore Lane; G. Ne Ward, 421 Blake Road and Gordon E. Noleen, 6501 Belmore Lane. Speaking in favor of the proposed storm sewer were Messrs. Cunningham; Percy 0. Ronnei, 6217 Belmore Lane; 0. R. Israelson, 300 Harrison Avenue; Robert Anthony, 301 Griffit; George 0. Falkenborg, 313 Griffit; and Dr. J. N, Dempsey, 309 Griffit, Hathewson, 6308 Waterman Ave*, stated that he does not favor the general plan of the storm sewer but would like to have his water problem solved. of using Blake Road as a means of getting the water to i4irror Lake in order that the County would share the expense. expensive than the method proposed by birr Hathewson and that the County will pay its proportionate shme of the cost even though the pipe does not mn in the road. ih?. Hite then indicated that by draining into Mirror Lake, this lake could be used as a storage p pond which could be released when Minnehaha Creek was not at a high level. In answer to a question by Hr. J . H. Hadison, 6301 Maloney Ave., as to whether his yard would be repaired after work had been completed, tb. Hite a-sured him that this would be done. Hr. Hadison also inquired about the possibility of a variable assessment €or different types of lots, municipalities, others pay for storm sewers out of General. Funds, but that the Village of Edina has always assessed storm sewers on a squape foot basis, with the only variable being between industrial, commercial, apartment or residential property. 304 Adams, questioned whether or not the present system on Highway 18 is adequate to handle the additional water. that it is proposed to utilize County property for temporary pending* Estimated cost of the Nr. Hite explained that the proposed storm sewer is The County Road 18 system will be improved and enlarged some time . The easterly project which is proposedto serve the 14endeLssohn Hr. Hite stated that storm water problems in West i4inneapoli.s He stated that in his opinion, Village plans are MI?* Johnson furthe2 He further suggested that the entire Mayor He stated, too; that permanently surfaced streets liir. Bruce He questioned the possibility Mr, Hite explained that the proposed plan is less Mr. Hyde replied that this method of assessment is used in some Hr. James Keller, Mr, Hite replied that it is not presently adequate, but Mr. A, W, Heisgram, I 2/ 2l/ 6 6 L Y I 316 Adams St., stated that he opposes installation of the storm sewer but requested that his property be drained if installation is approved4 consideration might be given to a combined assessment for street surfacing and storm sewer which would run for twenty years and stated that property vaLues would be increased in the area if these improvements were installed. 14r. Hyde stated that the Village Engineers would welcome the opportunity to meet with a committee of neighboss and Mr. Johnson's civil engineer adviser in order that Nr. Hite might explain the technical aspects of the situation and discuss alternate solutions. moved to continue the hearing until March 7 in order that such a meeting could be arranged. Motion was seconded by Trustee Tupa and carried. Mayor Bredesen stated that Tmstee VanValkenburg c. .CONSTRUCTION OF STORN WATER STORAGE POND, OUTLET STRUCTURE, DXTCHXNG, AND PIPING IN THE FOLLOWING: R.L.S. No. 1050, R,L,S, No. 990, R.L.S. No4 1129, R.L.S. kb 989 and Normandale Center Addition Nr. Hyde explained that this improvement is part of the France Avenue paving improvement. He gave estimated cost at $92,190, $3,360.45 of which would be paid by Hennepin County, $32,410 would be paid by Bloomington. would be assessed against 8,056,320 square feet of land in areas 3 E C at-an estimated rate of $0,008 per square foot, Edina's share is estimated to be $61,728,78 D, CONSTKUCTIOI? OF OUTFALL DITCH IN THE FOLLOBING: Along Edina's south corporate limits from 400 feet west of the center line of France Avenue to 1340 feet nest of France Avenue. Total estimated cost was given at $10,945.00 to be shared as follows: $1,377.00; Hennepin County, $816,112; Edina, $9,596,451 to be assessed against an area of 5,078,960 square feet of land in area. C at an estimated rate o€ $0,0019 per square foot . E, CONSTRUCTION OF LATERAL STORt4 SEWER AND OVERSIZE PIPE IN THE FOLLOWING; C.S.A,H. No. 17 (France Avenue) between F4A416 #494 and West 69th St. (Hennepin County Project 6311). Total estimated cost was' presenteh at $133,274.906 with costs proppsed to be divided as is proposed that $22,146.36 of Edina's share be paid from State Aid Funds, to be assessed against Edina property within area C is proposed as follows: Bloomington, I follows: Edina, $98,146.50; Bloomington, $9,407.47; Hennepin County, $25,720,93, It Portion 1, Property within area llCII and lying east of a line LOO feet east of the center line of France Avenue - $71,611.54 to be assessed against 4,831,980 square feet at a rate of $0.015 per sguae foot. Property within area "C'! .and lying between lines 100 feet east of and LOO feet west of the center line of France Avenue - $16,624,62 to be assessed against 246,973 assessable square feet at.$O,067 per square foot. 2, Mr. R,'E. Clark, 3428 W. 76th St, inquired whether or not W. 76th Street would be lowered and was told by 14r. Hyde that he anticipated that it would be cut to a lower grade, I4r. Clark questioned why the storm sewer area did not include both sides of France Avenue and was, told that the west side of France Avenue was a separate project because each side drained to a different area, 14ra Hite further informed Mr. Clask that the proposed storm sewer assessment is for trunk benefits for his property and that laterals will have to be installed at a later date. that he had been advised by an engineer, Hr. A1 Godward, that the large pipes proposed to be installed in France Avenue were not necessary, and requested that the system be redesigned to use smaller sized pipe, 14r. Hite replied that the proposed design has been prepared by the County, reviewed by the State, the Village and Douglas Barr's office. Mr, Hedberg was told to ask Nr. Godward to arrange a meeting to discuss the matter with Mr. Hite. 14r. Hedberg then inquired why area rlB1' is not included in the Outfall Bitch and was told that it does not drain to the ditch improvement at the present time. changes are made, the assessment will be based on the final grade, inquired if the property for the proposed drive-in theater should not be assessed at a higher rate than industrial property in view of the fact that it is a solid sheet of blacktop. Mr, Hite stated that the impervious area of the theater would not greatly exceed most industpial properties but suggested that this matter be explored prior to the assessment hearing, Ordering Stonn Sewer Improvements Later in Minutes. ) Fa CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB AND GUTTER IMPROVEMENT lid THE Mr, John Hedberg, Hedberg 6 Sons Company, stated Mr. Hite stated that he would be glad to discuss this matteu further and If bfra Rauenhorst There was no further discussion -offered. (See Resolution FOLLOWING : France Avenue (County Road #17) between West 69th Street and South Village Limits Total estimated cost for Edina's share was presented by Mr. Hyde at $215,876.94 to be assessed at $19.30 against an estimated 11,184,71 assessable feet. that this proposed improvement is increasingly necessary and that it is hoped that construction can be completed this year. 24 foot lanes with a 12 to 20 foot median stripa Dr, Brown, representing Lutheran Chupch of the Master, was assured by Mr. Hite that there would be provisions for making a left turn onto W, 72nd Street from France Avenue. Dr, Brown also questioned the method by which the County arrived at the price which it offers for right-of-way acquisition. Mr, Hite reDLied that this is outside the realm of the Village and that auestions relatine: to this matter should be addressed to the Countv. iIr, Oscar Roberts Mr6 Hyde stated Mr, Hite stated that the road will have two 2/21/66 . inquir?ed why property north the cost of the development of 11, 69th Street would not north of W, 69th Street had be assessed and was told that been paid for by property owners in that area, for access to his property and was told by bir. Hite that this is a question which should be directed to the County since they we responsible for plan preparation. t.lr, HedDerg then requested that State Aid Funds be used to alleviate the high assessment for this improvement. to pay the entire cost of the signals to be installed at W. 70th and W. 76th Streets and also for a portion of the storm sewer cost and that there are no additional State Funds Available. is very low in proportion to the value of the land after the improvements have been made. following resolution and moved its adoption: ilr. Roberts then questioned what provisions are being made He was told that State Aid Funds were being used Hayor Bredesen added that the estimated cost of the improvements There being no further comments, Trustee VanValkenburg then offered the RESOLUTION ORDERING IMPROVEbENTS SAP-ITARY SEWER NO, 246, CONCRETE PAVING AND CURB NO, E-21 STORM SEWER IHPROVEMENTS NOS, LOO, 101 E 102 BE IT RESOLVED by the Council of the Village of Edina, blinnesota, that this Council heretofore 'caused notice of hearing to be duly published and maiied to ownem of each parcel within the area proposed to be assessed on the following proposed improvements: 1. 2. 3. 4. 5. and - CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOVING : Easement line along Minneapolis, Northfield and Southern spur line track from Eden Avenue south to the center line of Downing Street extended; thence west along the center line of Downing Street extended a distance of 240 feetb CONSTRUCTIOX OF STORM VATER STORAGE POND, OUTLET STRUCTURE, DITCHING AN; PIPING IN THE FOLLOMIIJG: R.L.S. 210. 1050, R.L,S. 990, R.L.S, No. 1129, R.L.S. 989 and NormandaLe Center Addition . CONSTRUCTION OF OUTFALL DITCH IW THE FOLLONING: Along Edina's south Corporate Limits from 400 feet west of the center line of France Avenue to 1340 feet west of Elrance Avenueb COHSTRUCTION OF LATERAL STORM SEHER AND OVERSIZE PIPE IN THE FOLLOVING: C.S.A.H. No. 17 (France Avenue) between €'.AIL. #494 and Vest 69th Street (Hennepin County Project 6311) FOLLOWING : France Avenue (County Road $17) between Vest 69th Street and South Village Limits CONSTRUCTION OF PERWiNENT STREET AND CONCRETE CURB & GUTTER IHPROVEMENT IN THE I at the hearing held at the time and place specified in/ said notice the Council has duly considered the views oE all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shaLL be referred to in all subsequent proceedings as follows: No. 1 above SANITARY SEWER IIdl?ROVEPENT NO, 246 iJo. 2 above ST0Rl.l SEWER II4PROVEI~IENT NO, 100 Ho. 3 above ST0Ri.i SEkER IHPROVEMEWT NO, 101 No. 4 above STORI.1 SEWER IMPROVEtdENT NO LO2 No, 5 above PERMANENT STREET AND CONCRETE CURB & GUTTER NO, E-21 and the areas to be specially assessed therefore shall include; FOR SANITARY SEWER IMPROVEIENT NO. 246 - Lots 2 and 3, Block 1, \Tanner -Addition with a deferred assessment to be levied against Parcels L040, 1030 and 1100, Sec. 28, T. 117, R. 21, in the event a connection is ever made for those properties. FOR STORE4 SEWER NO, LOO - Beginning at a point on the south corporate limits of the. Village of Edina, wliich point is 100 feet east of the southwest corner of Tract I, R.L.S. No. 1050; thence north to a point which is 100 feet east of the west line and 160 feet south of the north line of Tract J, RbL.S. Nob 1050; thence east to a point in the east line of said Tract J, which point is LOO feet south of the north line of said Tract J; thence north to the northeast corner of said Tract J; thence northerly - to the southwest corner of Tract Q, R.L.S. No. 1050; thence north along the west line of said Tract Q, a distance of 250 feet; thence east, paralLe1 to and 250 feet north of the north line of W, 77th Street and its extension, to a point which is 480 feet east of the west line of Tract C, R,L.S. Nob 990; thence northeasterly to a point on the east line of Tract C, which point is 330 feet south of the center line of West 76th St.; thence east, parallel to and 330 feet south of the center line of W. 76th St. to a point LOO feet west of the east line of Sec. 31, T. 28, R, 24; thence north to a - point on the north line of the south 1/2 of said Sec. 31, which 2oint is LOO feet west of the east line of said Sec. 31; thence east to a point on the north line of the south 1/2 of See. 32, T. 28, R. 24, which point is 1100 feet east of the west line of said Sec. 32; thence north, parallel to the west line of said Sec. 32; a distance of 70. feet; thence east to a point on the west line of the west 15 acres of the SEl/4 of the IWl./4 of said Sec, 32,.which point is 70 feet north of the south line of said west 15 acres; thence northeasterly to a point which is 200 feet north of the south . line of sa.id west 15 acres and 200 feet west of the east line of said west 15 acres; thence southeasterly to a point on the east line of said west 15 acres) which point is 100 feet north of the southeast corner of said west 15 acres, thence southwesterly to a point on the south line of said west 15 acres, which point is LOO feet west of ' 21 211 6 6 u 89 Y the southeast corner of said west 15 acres; thence southerly to a point on the north line of West 76th St,, which point is 210 feet west of the east line of The west 1/2 of the NEl/4 of the SWl/4 of said Sec, 32; thence southeasterly to a point on the west line of the east 358.88 feet of the SE1/4 of the SW1/4 of said Secr 32, which point is 250 feet south of the center line of West 76th St,; thence south along said west line of the east 358,88 feet a distance of 245 feet; thence southwesterly to a point on the south line of Sec. 32, T, 28, R, 24, which point is 715 feet west of the south l/4 of said Sec. 32; thence west to the southwest corner of said Sec, 32; thence west to the point of beginning, FOR STON4 SEHER JXPROVEMENT NO, 101 - Beginning at a point on the south line of Sec. 31, T, 28, R, 24, which point is 100 feet west of the east line of said Sec. 31; thence north to a point on the north line of the south l/2 of said Sec, 31, which point is LOO feet west of the east line of said Sec, 31; thence east to a point on the north line of the south 1/2 of Sec. 32, T. 28, R, 24, which point is LLOO feet east of the west line of said Sec, 32; thence north, paralLe1 to the west line of said Sec. 32, a distance of 70 feet; thence east to a point on the west line of the west 15 acres of the SE1/4 of the NU/4 of said Sec, 32, which point is 70 feet north of the soclth line of said west 15 acres; thence northeasterly to a point which is 200 feet north of the south Line of said west 15 acres and 200 feet west of the east line of said west 15 acres; thence southeasterly to a point on the east line of said west 15 acres which point is 100 feet north of the southeast coiner of said west 15 acres; thence southwesterly to a point on the south line of said west 15 acres, which point is LOO feet west of the southeast corner of said west 15 acres; thence southerly to a point on the north line of Nest 76th Street, which point is 210 feet west of the east line of the west 1/2 of the NE1/4 of the SN1/4 of said Secr 32; thence southea'sterly to a point on the west Line of the east 358.88 feet of the SE1/4 of the SW1/4 of said Sec. 32, which point is 250 feet south of the centerline of West 76th Street; thence south along said west line of the east 358.88 feet a distance of 245 feet; thence southwesterly to a point on the south line of Sec, 32, T, 28, R, 24, which point is 715 feet west of the south 1/4 corner of said Sec. 32; thence west to the southwest corner of said Sec, 32; thence west to the point of beginning, FOR STORM SEWER IMPROVEI4ENT NO. 102 - Beginning at a point on the south line of Sec, 31, T, 28, R. 24, which point is 100 feet west of the east line of said Sec. 31; thence north to a point on the north line of the south 1/2 of said Sec. 31, which point is LOO feet west of the east line of Said Sec, 31; thence east to a point on the north line of the south 1/2 of Sec, 32, T, 28, R. 24, which point is 1100 feet east of the west line of said Sec. 32; thence north, parallel to the west line of said Sec, 32, a distance of 70 feet; thence east to a point on the west line of the west 15 acres of the SE1/4 of the NVW4 of said Sec. 32, which point is 70 feet north of the south line of said west 15 acres; thence northeasterly to a point which is 200 feet north of the south line of said west 15 acres and 200 feet west of the east line of said west 15 acres; thence southeasterly to a point on the east line of said west 15 acres which point is 100 feet north of the southeast corner of said west 15 acres; thence southwesterly to a point on the south line of said west 15 acres, which point is 100 feet west of the southeast corner of said west 15 acres; thence southerly to a point on the north line of West 76th Street, which point is 210 feet west of the east line of the west 1/2 of the NE1/4 of the SW4 of said Sec, 32; thence southeasterly to a point on the west line of the east 358.88 feet of the SE1/4 of the SE1/4 of said Sec..32, which point is 250 feet south of the centerline of West 76th Street; thence south along said west line of the east 358.88 feet a distance of 245 feet; thence southwesterLy to a point on the south line of Sec. 32, T, 28, R, 24, which point is 715 feet west of the south 1/4 corner of said Sec, 32; thence west to the southwest corner of said Sec, 32; thence west to the point of beginning. FOR PERMANENT STREET AND CONCRETE CURB & GUTTER IMPROVEPIENT NO, E-21 - All lots and tracts of land abutting the proposed improvement, Motion for adoption of the resolution was there were five ayes and no nays and the ATTEST : Tpustee MacMiLlan and on RolZcalJ, ra.L k5. YL Village Clerk ORDINANCE NO, 261-128 GRANTED FIRST READING. Affidavits of Mailing on February 9 and of Publication on February 10 were presented by Clerk, which affidavits were approved as to form and ordered placed on file. rezone the Bell property, which lies north of Iiighway 169 at its intersection with Gleason Road, from Single Family Dwelling District (R-1) to 14uLtiple Residence District R-2. Previous requests had been denied by Council on two other occasions because no allowance had been provided for the 200 foot strip required by the Village along Nine-Hile Creek. Mr, Fredlund stated that the property had not as yet been-platted, but that the plat is dependent on the usage in ovder-that proper size be provided €or the lots, provide for change of the creek'bed to provide for four lots on which double bungalows can be constructed and still maintain the required creek easement, Hr, Fredlund stated that this request is to Present plans Mrr Dean Akins stated 2/21/66 that he proposed plain purposesr to donate 7 acres of marsh land to the Village for park or creek flood In response to a question as to how the alignment of the creek might be changed, $Ira Hite said that a permit would have to be acquired llith the understanding that second reading be deferred until plat approval, Trustee VahValkenburg then offered the f bst reading of as follows: ORDINANCE NO, 261-128 AN ORDINANCE AMENDING ORDXNANCE NO. 261 from the State, has received final Oranance No, 261-128 BY REZOIJING FROM SINGLE FAHILY DNELLIWG DISTRICT TO R-2 14ULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA j MINNESOTA, ORDAINS : Section 1. Paragraph 1, Kultiple Residence District Boundaries, of Section 4, (Hultiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the following sub-paragraph: "District R-2 : "(40) Coinmencing at a point in the North line of the South one-half (S1/2) of Section 31, Township 117, Range 21, 1818 feet Vest of the Northeast corner thereof; thence South 1430 feet at an angle of South 2 degrees, 27 minutes, L5 seconds West to the North right-of-way Line of TbH. 169-212 the actual point of beginning; thence North 51 degrees, 40 minutes East a distance of.567.5 feet along the North right-of-way line of said Highway; thence Northwest 170 feet on a line perpendicular to said right-of-way line of T.H, 169-212; thence Southwest parallel to the North righf-of-way line of said Highway to the East line of Gleason First Addition; thence South 2 degrees, 27 minutes, 15 seconds West to the point of beginning," This ordinance shall be in effect immediately after its passage Section 2. and publication' ORDINANCE NO. 261-126 GRANTED FIRST READING. of Publication on February LO were presented by Clerk, approved as to form and ordered placed on file, the property directly north of Bob's Brookside Service be rezoned from Single Family Dwelling District (R-1) to Commercial C-4 District, building on that property and Bob's Brookside Service building and on the combined 15,000 square foot site build'a new service station, Feeling that the redevelopment of these two lots to one sta tion site would facilitate establishment of an improved traffic pattern and would provide a barrier between the northern extension of the commercial district and the adjoining residential property, Planning Commission has recommended approval. grade problem, it should be worked into the over-all design of the Grandview project, No persons were present to be heard and Trustee VanValkenburg offered the Ordinance No, 261-126 for first reading as follows: Affidavits of Elailing on February 9 and &b FredLund stated'that this, request from Phillips Petroleum that It is proposed to remove the existing I They indicated, however, that; because thee is a considerable ORDINANCE NO, 261-126 BY REZONING FROM SINGLE FAMILY DVELLING DISTRICT TO COL.IlIERCIAL C-4 DISTRICT AN ORDINANCE AMENDING ORDINANCE NO, 261 THE VILLAGE COUWCIL OF THE VILLAGE OF EDINA, NINNESOTA, ORDAINS: Paragraph 3, Boundaries of Commercial Distpict District of Ordinance Ho. 261 of revised ordinances of the Village of Edha, as amended, is hereby further amended by adding the following subparagraph: Section 1. of Section 9 ,* Commercial "District C-4 : "(27) Lot 4g, Auditor's Subdivision No, 176." Section 2= This ordinance shall be in effect immediately upon its paqsage and publication. 4-D GRANULE. BID. AWARDED. and the Constmction Bulletin on February 3 and 10, 1966, weze presented by Clerk, which affidavits were approved as to form and ordered placed on file, presented tabulation of bids for 4-D Granules for aquatic control of weeds which showed Thompson-Baywood low at $10100 per bag, Lyon Chemicals second low at $10.75 per bag, Standard Oil Company third low at $11.00 per bag and Minnesota Tom, Inc. high at $l.3,24 per bag. Because Thompson-Bayward and Lyon Chemicals bid a smaller size granule which did not meet specifications for 8-15 size granules as advertised, it ~7as recommended to award to Standard Oil, Some of the smallep granules will be ordered and used in a con-olled experiment to see if they would be worth the savings, Trustee Tupathen moved award of recommended bid to Standard Oil, which motion was seconded by Trustee VanValkenburg and carried. A€fidavits of Publidation in the Edina-Horningside Courier Fir, Hyde D VEHiCLE BIDS AI.<ARDED.. Affidavits of Publication in the Edina-Morningside Courier and the Construction Bulletin on February 3 and 10, 1966, were presented by Clerk, approved as to form and ordered placed on file, Nr6 Hyde presented tabulation of bids for two. pick-up trucks which showed i-Iidway Ford low at $2,896.00; Freeway Ford, sacond low at $3,154.00, Suburban Chevrolet , $3 &173 , 16 ; and Southdale Ford high at .$3,443.64 Bids for the 6-cylinder two-door sedan showed Midway Ford low at $1,337 00 ; Freeway Ford second low at $1,576,00 and Southdale Ford high at $L,583,15. Tabulation of 2/21/66 41 5) bids for 2 window buses showed Midway Fo2.d low at $3,929.00, Freeway Ford second low at $4,121.00, Suburban Chevrolet third low at $3,959*90 and Southdale Ford high at $4,170.44 Trustee VanValkenburg then moved award for all vehicles to Midway Ford, recommended low bidder, IvIotion was seconded by Trustee Johnson and carried unanimously, BROOKSIDE AVENUE STREET VACATION CORRECTED. Nr. FredLund stated that this vacation -three foot strip on the west side of Brookside Avenue which was inadvertently omitted in the legal description at the time dg the original vacation for the Dietrich apartments on March 1, 1966. and moved its adoption: Trustee VanValkenburg offered the following resohtion RESOLUTION VACATING A PORTION OF BROOKSIDE AVENUE WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on February 21, 1966, at 7:OO P,I.I., on the proposed street vacation of the street hereinafter described has been given and made, and a Hearing has heen held thereon by the Village Council; Hennepin County, Ivlinnesota, that the following described portion of Brookside Ave. all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective March 25, 1966, unless on or before said date this Resolution is amended, annulled or rescinded by the Village ,Council : The West 3 feet of Brookside Avenue lying South of the South line of Lot 13, Block 21, Emma Abbott Park extended Easterly and lying North of the North line of Lot 12, Block 21, Emma Abbott Park extended Easterly; NOW, THEREFORE, be it resolved by the'village Council of the Village of Edina, The West 3 feet of Brookside Avenue lying South of the South line of Lot 9, Block 2L, Emma Abbott'Park, extended easterly and Worth of the South line of. vacated Minneapolis-St . Paul and Suburban Railway right-oz-way extended Easterly. Motion for adoption of the resolution was there were five ayes and no nays and the Tupa and on Rollcall ATTEST : MORNINGSJDE. .&'iNEXATIOlU HEARING DATE SET. t.kr. Hyde announced receipt of a notice from the Minnesota Municipal Commission setting a hearing for 7:OO P.N. on March 18 at the Morningside School. Council on February 22 , and carried that Mr. Hyde attend the March 18 meeting to present his report. LOT DIVISION FOR LOTS 37 AND 38,/BROOKVIEN EEIGHTS FIRST ADDZTIPN APPROVED. advised Council that a request has been presented by the owner of Lots 37 and 38, Brookview Heights First Addition, to divide these two lots into three lots. objections have been expressed. requested was seconded by Trustee Tupa and unanimously carried. He also stated that another meeting will be held by the I4orningside Trustee MacMillan's mot'ion was seconded by Trustee VanValkenburg BLOCK 1, Nr. Hyde No Trustee Johnson's motion approving lot division as DATE- SET FOR VARIOUS IFIPROVENEMT HEARINGS, for March 7 for various improvements, resolution and moved its adoption: 14r. Hite requested that hearing date be set Trustee VanValkenburg then offered the following RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERPIANENT STREET SURFACING AND CONCRETE CURB AND GUTTER AND STORK SEVER -, to the feasibility of the proposed Sanitary Sewer described in the form of Notice of Hearings set forth below, and as to the estiinated cost of such impmvements, said peport is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. Village Hall, to consider in public hearing the views of all persons interested in said improvements, 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than thhree days from the date of said meeting, and to mail notice to all affected propevlties in substantially the following form: 1, The Village Engineer, having submitted to the Council a preliminary report a's This Council shall meet on Monday, idarch 7, 1966, at 7:OO P.M. in the Edina ' 2/21/66 NOTICE OF PUBLIC HEARING ON PER14;IANENT STREET SURFACING AND CONCRETE CURB AND GUTTER, PEHUNENT STREET. SURFACING, PORTLAND CEMENT CONCRETE SURFACING AND STORh SEHERS EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Idonday, tiarch 7, 1966, at 7:OO P.14., to consider the following proposed improvements to be constructed under the authority granted by llinnesoia Statutes of 19611 Chaptel? 429. cost of said improvements are estimated by the Village as set forth below: . The approximate A. CONSTRUCTION OF PERXANENT STREET SURFACING AND CONCRETE ESTIMATED COST CURB AND GUTTER IN THE FOLLOWIWG: 1. Scriver Road from Blake Road to cul-de-sac 2. Tamarac Lane from Hwy. $169 northerly to cul-de-sac Aspen Road from IJalnut Drive easterly to east line of Lot 4, Block 3, Gleason Second Addition 3, Oxford Ave. from 8, 51st St, south to cul-de-sac 4. Brookview Ave. from &osstown Highway Service 5, Tingdale Ave. from W. 65th Stb to I'i. 66th St. 6. Arbour Ave. from Grove St. south to south lot line of Lot 6, Block 2, Clagramar 2nd Addition 7, Parnell Ave, from W. 60th St. to Valley View Road 8, West 61st St, f??om Olinger Blvd, to Arbour Lane Hankerson Ave, from W, 52nd St. to Lntevlachen Blvd. Drive to Valley View Road Jeff Place from Olinger Blvd, to Arbour Lane Olinger Blvd. from 150', i- or -I south of Jeff Place to UO', i- or -, north of H. 61st St, Arbour Ave, from Jeff Place to 200' north of 9. West 65th Stb from Valley View Rd. to west line I?, 61st St. of Minneapolis, Northf ield & Southern Railroad West 64th St. from Valley View Rd. to Doran Lane West 64th St. from Limerick Lane to Limerick Drive Doran Lane from 'r?, 65th St. to W. 64th St. Limerick Lane from W, 65th St. to \I. 64th St. Limerick Lane from W. 64th St, to south line of Creek Drive from W, 65th St, to Limerick Drive Vandervork Ave. from Hollywood Ave. to Division Stb Parkside Lane from Hollywood Ave. 'to Division Stb Rutledge Ave. from 3rookside Aver to Motor St. W. 48th St. from Brookside Aver to Rutledge Ave. Division St. from Brookside Aveb to 175' west of tlotor St. from Brookside Ave, to Rutledge live, Edina Valley Estates 2nd Addition 10. Oxford Ave. from Hollywood Ave. to Division St. Oxford Ave. 11. Eden Circle from Sherwood Road to cuL-de-sac 12. Whiting Ave. from Northfield Aver to Holborn Ave. Ridgeview Dr; from k?. 64th St, to 11, 63rd St, Northfield Ave, from W. 64th St. to Whiting Ave. Holborn Ave. from 'IJ. 64th Stb to Whiting Ave. W. 63rd St. €kom Ridgeview Dr. to Wyman Ave. N, 64th St. from Northfield Ave. to Holborn Ave, 13. Valley View Road from T.H. #LOO to I.lildx?ed Aver 14, Gleason Road from Dewey Hill Road to Schey Drc 15. G1es-i: -51st St. from Oxford Ave. to Hankerson Aver 16. West 62nd St. from Ewing Ave. to Zenith Ave. FOLLOWING : 3. William Ave. from M. 5Lst St. to 11. 52nd St, 2. e. CONSTRUCTION OF PORTLAND CEMENT CONCRETE SURFACING IN THE FOLLOk?IhG: 1. Oaklawn Ave. from north line of Bertelsen 2. \?est 76th St. from France Ave, to Parklawn Aveb Parklawn Ave. from V. 76th St. to I?. 77th St. 3 . Parklawn Ave. from France .Ave, westerly and southerly to kJest 76th St, Parklawn Court from Parklawn Ave. easterly to cul-de-sac B. COl?STRUCTION OF PERMANENT STREET SURFACING IN Ti-IE Idylwood Place from Idylwood Drive to Saxony Rd. Addition south to cul-de-sac $ 10,856.10 $ 31,644.13 $ 28,327.11 $ 16,756.07 $ 13,246.17 $ 10,993.72 $ 8,999.90 I* .. . i 8 $ 49,719.18 I $ 96$988.22 $116,444 b 97 $ 7,479.25 $ 40,198.55 $ 38,183.05 $ 3~~88.61 $ 13,781.29 $ 32,343.65 $ 6,254.78 $ 2,913.08 $115 $000 e 78 $3.34 L 592 75 2/21/66 D. CONSTRUCTION OF VILLAGE STORM SEGSER AND APPURTENANCES r' 43 ESTIFIATES) COST $ 37'089.22 LN THE FOLLOIIJING: 1. Porter Lane from Birchcrest Lake to Birchcrest Drive Birchcrest Drive from Porter Lane south to north line of Lot 12, Block 1, Birchcrest Addn, extended west Easement line between Lots 11 and 12* Block 1, Birchcrest Addn. from Birchcrest Dr. to northeast corner of Lot 12, Block I, Birchcrest Addn. Easement line between Lots 9, 10 and 11, Clover Lane 3rd Unit from southwest corner of Lot 9 to Tingdale Ave . Tingdale Ave, from south lot line of Lot 9, Block 3, ,/ Clover Lane 3rd Unit south to Valley View Rd. Easement line from northeast corner of Lot 15, , Block 1, Birchcrest Addn, to the southwest corner of Lot 11, Block 3, Clover Lane 3rd Unit north line of Lot 2, Block 1, Bings 1st Addn. , north to the north 'line of Lot 2, Block 1, Bings 1st Addnb; Bings 1st Addn, a distqnce of 100 feet west of the east property line; of Lot 1, Block 1, Bings 1st Addn,, said point being 15 feet east of the northwest corner thereof a distance of 70 feet and there terminating On an easement line from East Sunnyslope Road to a point in Lot 13, Block 1, Sunnyslope Section, Country Club District, said point being 45 feet west of the east line and 65 feet south of the north line of said Lot 13 $ 4,689.58 2, Valley View Ro.ad from a point 80-feet south of the Thence west along the north line of Lot 2, Block 1, Thence northwesterly towards a point in the north line 3. The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter listed under A1 thru A14 9nclusive above includes all lots and tracts of land abutting the streets proposed to be improved. * $ 5,964.62 The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter listed under A15 above includes Lots 9 thru 20 incl., Block 2; Lots 9 thru 20 incl., BLock 3; Lots 9 thru 20, incl.,, Block 4; Lots 6 thru 11 incl., Block 5; Lots 1 thru 7 incl., Block 6; Lots 1 thru 6 incl,, and Lots 17 thru 24 incl., Block 7; Lots 1 thru 6 inclb, and Lots 19 thru 24 inclb, Block 8; Lots 1 thru 6 incl., and Lots 19 thru 24 incl,, Block 9, all in Brookside Heights Addition, I' The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter listed under A-16 above includes Lots 1 thru 7 inclb, Block 1; Lots 4 thru 20 inc16, Block 2; Lots 4 thru 8 incl., Block 3; and Lots 1 thru 4 incl,, Block 4, a11 in Edina Bel-Air 5th Addn,; Lots 3* Block I, Engelhart Addn.; Lots 1 and 2, Block 1, Lhad Addn,; Lots 5 thru 8 incl., Block 1; Lots I arid 2, Block 2; Lot 1, Block 3, all in Edina Bel-Air 6th Addn,; Lot 2, Block 1, Ruby Addn.; Lots 1 thru 4 incl,, Block 1; Lots 1 thru 4 incl,, Block 2; Lots 1 and 2, Block 3; and Outlot 1, all in Katter's Addn.; Parcels #3610 and 3620 in Sec, 29, T, 28, R. 24; Lots 1 thru 6 incl. , Block 1; Lots 1 thru 8 incl. , Block 2; Lots I. and 2 , Block 3; and Outlot 1, all in Evans Addition; Lots 3 thru 9 incl,, in Holt's 2nd Addition to Edina; Lots 10 thru 23 incl,, Block 3; Lots 10 thru 16 dncl., Block 4* and part of Outlot 4, a11 in Town Realty's Edina Terrace; Lots 1 thru 4.inc11, Block L; Lot L, Block 2; Lots 1 thru 4 incl., Block 3;.Lots 1 thrm 4 incl,, Block 4, a11 in Farmer's 2nd Addition; Lots 1 and 2, Block 1; Lots 1 thru 6 incl., Block 2; Lots 1 thru 6 incl. Block 3; Lots 1 thru 5 incl, Block 4; and Outlot 1, all in 0, Bb Enickson Addition, The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing listed unde? B-1 and B-2 &ow includes all lots and tracts oE land abutting the streets proposed to be improved, I The area proposed to be assessed for the cost of the proposed Portland Cement Concrete Surfacing listed under C-1, C-2, and C-3 above includes all lots and tracts of land abutting the streets proposed to be improved. 2/21/66 The area proposed to be assessed for the cost of the proposed Storm Sewer listed undep D-1 above includes all lots and tracts of land within the following descx4bed boundaries : Commencing at the northwest corner of Lot 1, Block 3, Clover Lane 3rd Unit; thence southeasterly to a point on the north,line of Lot 3, Block 3, Clover Lane 3rd Unit, 'said point being 50 feet west of the nbrtheast corner thereof; thence southerly 50 feet west of and parallel to the west line of Tingdale Ave, to the south line of Lot 9, Block 3, Clover Lane 3rd Unit; thence southeasterly to the southeast corner of Lot LO, Block 3, Clover Lane 3rd Unit; thence northeasterly to the southwest corner of Lot LO, Block 2, Clover Lane 3rd Unit; thence northeasterly to a point in the east line of said Lot LO, said point being 50 feet northwesterly of the southeast corner thereof; thence easterly 50 feet north of and parallel to the north line of Valley View Road to the west line of Lot 5, Block 2, Claver Lane 3rd Unit; thence easterly to the southeast corner of aforementioned Lot 5; thence southeasterly to the center line intersection of Valley View Rd. Snd Clover Ridge; thence southwesterly to a point in the east line of Lot 1, Block 1, Nikulay's Addn., said point being the intersection of said east lot line and a line drawn parallel to and 75 feet south- easter1y.as measured at right angles from the center line of Valley View Rd,; thence southwesterly, parallel to and 75 feet from the center line of Valley View Rd. to the west line of Lot 1, Block 5,.James A, Roberts Estate; thence northerly to a point on the south line of Lot 5, Block 1, Stringer's Addition, said point being the intersection of the south lot line and a line drawn parallelto*and 50 feet east of the east line of Code Ave,; thence north 50 feet east of and parallel to the east line of Code Ave, to the south line of Lot 1, Block 1, Stringer's Addn,; thence northeasterly to a point on the south line of Lot 7, Block 3, Hirchcrest Addn, said point being 50 feet east of the east line of Code Ave,; thence north 50 feet east of and parallel to the east line of Code Ave. to the north line of Lot 10, Block 2, Birchnrest Addn,; thence east to the point of beginning, The area proposed to be assessed for the cost of the proposed Storm Sewer listed under D-2 above includes a11 lots and tracts of land within the following descraed boundaries : Commencing at a point in Lot 2, Block 1, Clifton Terrace Addition, said point . being 37 feet south of and 65 feet west of the northeast corner of said Lot 2; thence westerly to a point on the west line of said Lot 2, said point being 45 feet south of the northwest corner of said Lot 2; thence southwest to a point on the south line of Lot 3, Block 1, Clifton Terrace Addition, said point being 30 feet west of ' the southeast corner of said Lot 3; thence west along the said south line, a distance of 45 feet; thence northwesterly to a point on the north line of said Let 3, said point being 55 feet east of the northwest corner thereof; thence northerly parallel t.0 and 55 feet east of the east line of Brookview Ave., a distance of 705.40 feet; thence southeasterly to a point on the north line of east l/2 of Lot 18, Peacedale Acres, said point being 215 feet east of the east line of Brookview Ave.; thence southeasterly to a point on the south line of said Lot 18, said point being 230 feet east of the east line of Brookview Ave. ; thence south to a point on the North line of Lot 1, Block 1, Pfaff First Addition, said point being 90 feet East of the northwest comer of said Lot 1; thence southeasterly to a point.on the south line of said Lot 1, said point being 140 feet east of the southwest cornep thereof; thence south to a point on the north line of Lot 2, Block 1, Bing's First Addition, said point being 140 feet east of the northwest corner of said Lot 2; . thence southwesterly to a point on the south *line of said Lot 2, Bing's First Addition, said point being 110 feet east of the southwest corner of said lot; thence Southerly to a point on the north line of Lot 2, Block 1, Clifton Terrace, said point being 100 feet east of the northwest comer of said Lot 2; thence southerly to point of beginning. I I I . The area proposed to be assessed for the cost of the proposed Storm Sewer listed under D-3 above includes all lots and tracts of land within the following described boundaries : Cominencing at a point in the north line of Lot 4, Block 1, Sunnyslope Section, Country Club District, said point being, BO feet west of the northeast corner of . said Lot 4; thence southwesterly to a point in the west line of said Lot 4, said point being 70 feet northwesterly of the southwest corner of said Lot 4; thence southwesterly to a point in the west line of Lot 5, said Block 1, said point being 40 feet northwesterly of the southwest corner thereof; thence southwesterly to a point in the northerly line of Lot 7, said Block 1, a distance of 90 feet southeasterly of the most northerly corner of said Lo$ 7; thence southwesterly to a point in the east line of Lot 8, said Block 1, said point being 60 feet southerly of the northeast corner of said Lot 8; thence northwesterly to a point in the south line of Lot 9, said Block 1, said point being 90 feet northwesterly of the most southerly comer of said Lot 9; thence northerly to a point in the northeasterly line of Lot 9, said Block 1, said point being 90 feet southeasterly from the most northerly corner of said Lot 9; thence northerly to a point in the most southwesterly line of Lot 11, said Block 1, said point being 60 feet southeasterly of the most westerly corner of said Lot 11; thence northeasterly to a point in the most southwesteply Line of Lot 12, M 2 /21/ 6 6 said Block 1, said point being 60 feet southeasterly of the most westerly corner thereof; thence northerly to a point on the south line of Lot 13, said Block lc said point being 35 feet east of the southwest corner thereof; thence north to a point on the south line of Lot 14, said Block 1, said point being 35 feet east of the southwest corner thereof; thence northeasterly to a point in the east Line of said Lot 14, said point being 65 feet northerly of the southeast corner thereof; thence southeasterly to a point in the north line of Lot 2* said Block 1, said point being 110 feet west of the southeast corner thereof; thence southeasterly to a point on the north line of Lot 3, said Block 1, said point being 50 feet west of the noptheast corner thereof; thence southerly to the point of beginning, * Florence Hallberg Village Clerk Motion for adoption of the resolution was second Trustee Tupa and on Rollcall all voted aye and the resolution was adopted. ,7 vuLage uerk FRANCE AVENUE COST SHARING AGREEMENT TO BE. APPROVED. cost sharing agreement with Hennepin County €or the France Avenue improvements is being prepared, with the financing proposed for the France Avenue improvement was seconded by Trustee Tupa and unanimously carried. Mr, Hite stated that the official Trustee VanValkenbmg's motion for approval in principal in accordance LI3.RARY PROGRESS REPORT GIVEN, Mr. Hite reported that there has been an apparent decizon t-ild a Hennepin County Regional Library within the next two or three years on property donated for that purpose in the Southdale area, representatives of the Village had met with the Building Committee of the County Library Board with respect to alternate sites for the Edina Branch Library in the 50th and France Avenue area, Wr, Hite stated that reaction was generally favorable at a meeting with owners of Halifax Avenue property which would be affected if the proposed library should be straddling Halifax Avenue. He further stated that Nrb Hannis Smith, Director of Libraries for the State Department of Education, had indicated that there should be no difficulty in obtaining a FederaL grantb In order that Edina's request for Federal grant might be placed on the agenda at the €.larch 14 meeting of the State Board of Education, Trustee Tupa offered the foLlowing resolution and moved its adoption : RESOLUTION REQUESTING FEDERAL GRANT FOR Mr, Hite stated that EDINA BRANCH OF HENI~EPIM COUMTY LIBRARY, SYSTEM WHEREAS, the Village of Edna has proposed30 construct a branch of the Hennepin WHEREAS, THE ESTIYATED COST OF CONSTRUCTING THIS LIBRARY IS $346,000, and WHEREAS, the Village has allotted the sum of $247,300 for construction costs, NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina County Library System, and request that the additional sum of $98,700 be granted to the Village of Edina to assist in the financing of1 the library construction under the terms of the Library Services and Construction Act of 1964. Motion for adoption of the Rollcall all voted aye and ATTEST : Village Clerk MINNEHAHA CREEK FLOODING PROBLEMS DLSCUSSED. Mr. Hyde advised Council of a flooding Eoblemyhichxsts in Minnehaha Creek in the area south of \?b 50th Street and north of West 56th Street, He stated that an ice formation in the creek had caused severe flooding and that four men had been kept on duty twenty-four hours a day manning pumps, hlr, Nite stated that he has consulted with Army engineers and requested permission to remove the West 56th Street bridge if it should become necessai'y. He stated that the cost of replacement would be between $15,000 and $30,000 and that no funds have been budgeted for this purpose After considerable discussion , Trustee VanValkenburg's motion permitting removal of the bridge ovep Minnehaha Creek zt i7* 56th Street and Woodcrest Drive if necessary was seconded by Trustee Tupa and carried unanimously, ma KENNETH EDWARDS , REPRESENTING 'THE EDIMA-MORNINGSIDE COURIER was introduced at i. Village b It was announced that Mr, Edwards will cover Council Meetings for the 46 ' 'i. 2/21/66 ORDINANCE NO. 9-U- ADOPTED AFTER SECOND READING. t4r. Hyde presented Ordinance No, 9U which cozbasically to the recommended curfew ordinance. offered Ordinance No. 9lA for second reading as follows; . Trustee VanValkenbtwg ORDINANCE .NO. 9lA AN ORDINANCE REGULATING THE PRESENCE OF MINORS ON THE STREETS OR IN PUBLIC PLACES BET'UIEEN CERTAIN HOURS AND DEFINING THE DUTIES OF PABNTS; REPEALING ORDINANCE NO. 91, AS AbfIEMDED; AND PRESCRIBING A PENALTY THE ViLLAGE COUNCIL OF THE VILLAGE OF EDINA, bIINNESOTAI ORDAINS: Section 1. Curfew for Persons under 15. It-shall be unlawful for any person under the age of 15 years to be on or present in any public street, avenue, alley, park or other public place in the Village between the hours of 10:OO P.N. and 5:OO A.f.1, of the following day, unless accompanied by his or her parent or guardian, or persor, having legal custody of his or her person, or unless there exists a reasonable necessity therefor. The fact that such person, unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley, or public place after 1O:OO ?*tdb and before 5:OO A.tbI. of the following aay, shall be prima facie evidence that such person is there without reas'onable necessity. Curfew for Persons over 14 and under 18. for any pe8son under the age of 18 years and over the age of 14 years to be on any public street, avenue, alley, park or other public place in the Village between the hours of 12:OO midnight and 5:OO A.N. of the following day, unless accompanied by hi5 or her parent or guardian, or pason having legal custody of his or her person, or unless there exists a reasonable necessity therefor, The fact that such personL unaccompanied by parent, guardian, or other person having legal custody, is found upon any street, alley, or public place after 12:OO midnight and before 5;OO A.M. of the following day, shall be prima facie evidence that such person is there without reasonable necessityI I Section 2, It shall be unlawfh Sec, 3. Responsibility of Parents, It shall be unLawfu1 for any parent* guardian, or other person having legal custody of a minor under the.age of 18 years to knowingly permit such minor to violate the provisions of Sections ordinance unlawful €or any person, firm or corporation operating or in charge of any place of amusement, entertainment, refreshment, or other place of business to-permit any minor under the age of 18 years to loiter, &oaf or idle in such a place during hours prohibited by this ordinance. entertainment, refreshment, or other place of business shall find persons under the age of 18 years loitering, loafing or idling in such place of business, he shall immediately order such person to leave, and if such person refuses to leave the said place of business, the operator shall immediately notify the police department and inform them of this violation. Sec. 5, Ordinance not Permissive, This ordinance shall not be construed as permitting the presence at any time of any person under the age of 18 years in any place where his presence is now prohibited by an existing law or ordinance. is authorized to arrest, with or without a warrant, any person or pensons observed to be violatingthe provisions of Sections 1, 2 OP 4 of this ordinance, and shaL1 notify as soon as reasonably possible the parents, guardian or person having legal custody of any minor so arrested, ordinance shall, upon conviction, be punished by a fine not exceeding $100 or by imprisonment for a period not exceeding 90 days. deemed independent of all other provisions herein, and if any provision-of this ordinance shall be declared invalid, all other provisions thereof shall remain in or 2 of-this Sec. 4. Responsibility of Operators of Public PlacesI Xt shall be Whenever the owner or person in charge or control of any place of amusement, Sec. 6. Arrest; Notification of Parents, Any member of the police force Sec, 7, Penalty. .Any person violating any of the provisions of this Sec, 8. Severability. Each separate provision of this ordinance shall be - force and valid. its passage and publication. Sec. 9. This ordinance shall take effect and be in force fiom i4otion €or adoption of the ordinance was rustee Tupa and on were five ayes and no nays and the and after I Rollcall. there 2 / 211’ 66 /’ 47 ORDINANCE NO, 3 GRANTED FIRST READING. Mr. Hyde presented Ordinance No, 3 which estabzshes a traffic and ordinance violations bureau for the Village :or first reading, Hunicipal Court of Hennepin County for Edina cases, Trustee VanValkenburg then offered Ordinance No, 3 for first reading as follows: Mr, Hyde stated that with this ordinance there will be no charge by the ORDINANCE NO, 3 AI? ORDINAlVCE ESTABLISHING A TRAFFIC AND ORDINANCE VIOLATIONS BUREAU FOR THE ’ VILLAGE OF EDXNA, AND REPEALING ORDINANCE NO. 192 THE VILLAGE COUNCIL OF THE VILLAG OF EDINA, MINNESOTA, ORDAINS: Section 1, Establishment of Traffic and Ordinance Violations, Bureau, The Municipal Court of Hennepin County is hereby authorized to establish a traffic and ordinance violations bureau for the Village of Edina, to be located in the office of the Clerk of said Court in the’City of Str Louis Park, designated by the Court. th e Court, and shall conduct its business as provided by Ivlinnesota Statutes, Chapters 492 and 493, and by the Rules of said Court, shall assist the Court in disposing of violations of ordinances of the Village of Edina relating to traffic; building construction, operation, or maintenance ; fire and fire prevention; public health and sanitation; and zoning, Sec. 4. Village Officials Empowered to Serve Nqtices of. Violations. The following officers and employees of the Village are hereby empowered to serve a written or printed notice or tag upon persons charged with violations of the ordinances referred to in Section 3, or to post such notice or tag at the place of violation: Inspector, members of the Edina Fire Department, the Village Health Officer and Public Health Sanitarian, the Village Manager, and the deputies of any of the foregoing, Sec. 2, Operation of Bureaur The head of said bureau shall be The bureau shaJJ be open during the hours ordered by Sec, 3, Scope of Violations to be Disposed of by BuFeau. Said bureau members of the Edina Police Department, the Building Official or building Sec. 5+ Form of Tag; Past VioLations to be Shownr The form of tag notifying a person of an ordinance violation shall be in such form as the Court may approve. to endorse on the copy of the tag to be transmitted to the bureau a record of violations in the same category for which the person charged has been convicted in the past five years mentioned in Section 4 hereof shall assist the Court in establishing a schedule of fines to be paid by persons pleading guilty to an ordinance violation before the bureaur on the effective date of this ordinancer but not until. the Court shall have approved a form of tag for notifying violators of ordinance violations and a supply of such tags shall have been provided to the Village officials mentioned in Section 4 hereof, and until the Court shall have established a schedule of fines for ordinance violations. BO!??, RELEASE. bPPROVED FOR SOUTHDALE NATIONAL BANK, for approval ofTlease of bonds in the amount of $30,000 pledged for collateral. to the ViLlage by Southdale National Bank was seconded by Trustee t4acLlillan and carried Space shall be provided on the tag for officers or employees of the Village Sec. 6. Schedule of Fines, The officers and empLoyees of the ViLlage Sec, 7. Sec, 8; Ol?dinance No. 2.92 of the ‘Village is hereby repealed and rescinded This ordinance shall be effective after its passage and publication, Trustee VanValkenburg’s motion HOSPITALIZATIPN RATE INCREASE APPRGVED. I&?, Hyde informed Council that the employee hospitalization rates have been increased by Northwestern Life Insurance Company, New rates would ppvide an increase of 55$ a month for employees, which amount is proposed to be paid by the Village, and $2.20 pel: month for dependents which the employee will pay himself, Trustee Tupa’s motion to allow additional payment of 55C: per month as recommended by Mr, Hyde was seconded by Trustee VanValkenburg and carried unanimously, NR. ROY- PETERSON RESIGNS FROM. PLANNING COPilJIISSION. Mayor Bredesen announced that Mr, Roy Peterson had declined to accept reappointment to the Planning Commissionr Trustee MacMillan then offered the following resolution and moved its adoption; 2/21/66 RESOLUTION X-iEREAS, ROY PETERSON has been a member of the Planning Commission of the Village of Edina since his appointment by the Village Council on January 20, 1964, and IMEREAS, ROY PETERSON came to the Planning Commission with many years of valuable experience in business, real estate planning, development and financing, and enjoys an enviable reputation in all things on a local, state and national basis, and is highly respected by the citizens of Edina where he is a resident and where he maintains offices for the conduct of his business, and has justly earned the respect and affection of the members of the Village Council and members of the Planning Commission, and Commission during his period of service and has given freely of his time and experience, and has now expressed a request that he be relieved of his duties on the Planning Commission; and appreciation to XOY PETERSON for the valuable service rendered to the Village of Edina during his membership on the Planning Commission and for the many contributions he has made over many years to the progress and growth of the Village. I4otion for adoption of the resolution was seconded y Trustee Tupa and on rollcall all voted aye and the resolution was adopted, WHEREAS, ROY PETERSON has been a regular and an active member of the Planning NOW, THEREFORE, the Members of the Planning Commission express sincere thanks ATTEST : AZF&4#, LA.-. Iiayor Village Clerk l4R1 GEORGE MJGENT RE-APPOINTED TO PLANNING COI4MISSION re-appointment of bIr4 George Nugent to Planning Commission, motion for approval of Mr, Nugent Is appointment was seconded by Trustee MacI4illan and carried. Mayor Bredesen announced the Trustee Johnson's CULII~S-PAID,,. Trustee Tupa's motion for payment of the following Claims as per ?re-List of February 21 was seconded by Trustee Johnson and camied: Fund, $31,027.09; Construction Fund, $16,175.63; Park, Park Construction, Swim Pool, Golf Course and Arena, $45,121.18; Water Fund, $40,716.15; Liquor Fund, $41,282.44; Setrer Rental Fund, $2,364.45; Improvement Fund, $471,457.66; Total $648,144.60, General . The mseting's agenda having been covered, Trustee VanValkenburg moved fop adjournment $lotion seconded by Trustee 14act.lillan and carried. Adjournment at 10;50 P.Xa Village Clerk IL 4, &,