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HomeMy WebLinkAbout19660815_regulari 8/15,'/ 66 MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT THE EDINA VILLAGE HALL ON MONDAY, AUGUST 15, 1966 lrlembers answering Rollcall were Trustees Johnson, Mad4illan, Tupa, VanVaLkenburg and Mayor Bredesen. MINUTES of the Regular Neetbg of August 1, 1966, were approved as submitted by motion of Trustee Tupa, seconded by Trustee HadSillan and carried: STORM SEWER INPROVEMENT NO. 108 APPROVED PENDING COST SHARING AGFZEMENT WITH RICHFIELD. and 11 and of Mailing to affected property omaers on August 5, 1966, we= submitted by Clerk, approved as to form and ordered placed on file by motion of Trustee Tupa, seconded by Trustee VanValkenburg and carried. Mr. Hite stated that this stom sewer is badly needed to correct a drainagesproblem which exists in the area of Xerxes and Washburn Avenues between I?. 69th and M. 70th Streets. The project has been engineered by the City of Richfield which has subaitted material to the Village of Edha with the intent that the Village assume some of the cost and assess the project against the properties benefitted by the improvement. was presented at $41,630.00, 76.15% of which is proposed to be assessed against Edina property owners at 5.936cl per square foot. Mr. Hite stated that a letter received from the Richfield Village Manager, l4r. VanKrevelen, indicated that he was of the opinion that Edina should pay the entire cost. Mr. Hite had reached agreement with the Richfield Engineering Department for the above-mentioned cost sharing agreement . following resolution, contingent upon Richfield paying 23.85% and Edina paying 76.15% of the improvement, and moved its adoption: Affidavits of Publication in the Edina-Morningside Courier on August 4 Total estimated cost . This letter was received after Trustee VikValkenburg then effered the . - FESOLUTION ORDERING STORM SEWR IblPROVEMENT NO. 108 BE IT RESOLVED by the Edina Village Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed for the following proposed improvement: CONSTRUCTION OF STORM SEWER IMPROVEMENT IN THE FOLLOWING: EDINA'S PORTION - Xerxes Avenue, on an easement line to !?est 69th Street RICHFIELD'S PORTION - W. 70th Street from Upton Avenue to Ifashburn Ave.; Washburn Ave. from I?. 70th Street to a point 426.4 feet North of W. 70th St. ; Easement 426.4 feet North of I?. 70th Street, from Xemes Avenue to the alley between Washburn and Vincent Avenue . and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of said improvement is hereby designated and shall be referred to in all subsequent proceedings as STORM SEWER IMPROVEMENT NO. 108 and the area to be specially assessed therefore shall include all lots and tracts of land within the following described boundaries : Commencing at the southeast corner of the southwest 1/4 of Sec. 29, T. 28, R. 24; thence west along the south line of said section to the west line of Tract 'W, R.L.S. #629 extended south; thence north along the west line of Tracts and "Ft', R.L.S. #629 to a point in Tract 'IF"* said point being 220.0 feet north of the southwest corner of said Tract 'IF"; thence northeasterly to a point in Tract "F", said point being 248 feet east of and 474 feet north of the southwest corner of said Tract trF18s R.L.S. #629; thence north a distance of 310 feet to a point in said Tract "F", R.L.S. #629, said point being 248 feet east of and 784 feet north of the southwest comer of said Tract ltFtl; thence southeasterly to the southeast corner of Tract ltP''s R.L.S. #432; thence southeasterly to a point on the east line of Tract lrF1l, R.L.S. #629 ,- said point being 426 feet north of the southeast corner of said Tract ltF1*; thence south along the east line of said Tract "F", R.L.S. #629, a distance of 150 feet; thence east at right angles a distance of 40 feet to the east line of Tract ltQtt, R.L.S. #629; thence south to the point of beginning, Motion for adoption of the resolution was there were five ayes and no nays and the ATTEST : 8/15 /66 SIGN ORDINANCE AMENDMENT FOR CINEMA I AND I1 DENIED. Publication in the Edina-Morningside Courier on August 4, 1966, were presented by Affidavits.of Mailing and Clerk, approved as to form and ordered placed on file by-motion of Trustee MacMillan, seconded by Trustee Johnson and unan&nously carried. Cinema I'and IS for permission to erect two pylon eype marquee signs, one near the water tower on France.Avenue and one on W. 66th Street across from the Twin Ci$y Federal Savings 5 Loan Building, for p*poses of advertising the theater. Mr. Thomas A. Hughes of the General Cinema Corporation, owners of Cinema I and 11, stated that because of the location of the theater, it is considered essential that off-site advertising devices be used. that such signs were permissible. that Mr. Ralph Martinson, who had handled the &ansaction is out of town, but that shopping centers in other locations have pemitted these signs somewhere on the shopping center perimeter. Mr. Hite stated that Planning Commission has recommended that the request be denied and that he would make the same recommendation. Stating that he feels that if this request were granted, a precedent would be set which would be difficult to control, Trustee VanValkenburg moved that the request be denied. motion which was unanimously carried. Mr. Hite presented request of Mr. Hughes stated that Daflon Development had led them to believe Mr. James Douglas of Payton Development stated Mayor Bredesen presented a le$ter fron Gabberts opposing the signs, Trustee Johnson seconded the AR€A IDENTIFICATION SIGNS REFERRED TO PLANNING CObMISSION. in the Edina-Morningside Courier on August 4 and of Mailing on August 5, 1966, were presented by Clerk, approved as to form and ordered placed on file. request of.Dunn E Curry which would require amendment to the Sign Ordinance to permit integrated centers to have some identification device. for a sign on top of the Pentegon Building which would consist of four foot letters which would be lighted in early evening hours. Mr. Ed D~A of Dunn and Curry stated that there are over 150 tenants in the Pentagon Office Park development and he feels that it is inportart to have some means of area identification which could be readily seen from the highway. Mr. Hite stated that Planning Commission had recommended that this request be denied, but that if it is allowed, he recommended that the sign should be limited to 400 square feet. After considerable discussion, Trustee VanValkenburg moved that the Sign Ordinance be referred to Planning Commission for possible amendment which would allow identification which would be attached to the building and which could rise several feet above ground level. of PIinutes as of September 6, 1966, page 190.) ROBERT E. HAkEN MINING AND EXCAVATION PERMIT GRANTED FIRST dEADING. Affidavits of Mailing and Posting OA August 5 and of Publication in the Edina-Momringside Courier on August 4, 1966, were presented by Clerk, approved as to fonn and ordered placed on file by motion of Trustee MacMillan, seconded by Trustee Johnson and carried. Mr. Hite advised Council that Mr. Robert E. Hansen had requested a temporary mining and excavation permit for property north of the Crosstow Highway and west of Gleason Road which is adjacent to property owned by Karl Krahl and Johnson Bros., Highway and Heavy Constructors, Inc. A letter was pxksented from Johnson Bros. which stated that they urge Council to approve this permit. Ordinance No. 262A-8 for First Reading, with Second Reading to be withheld pending receipt of bond and insurance as follows: Affidavits of Publication Mr. .Site presented bun & Curry have petitioned Length of the proposed sign is 50 feet. Trustee MacMillan seconded the motion which carried unanimously. $See Correction Trustee VanValkenburg then offered ORDINANCE NO. 262A-8 AN ORDINANCE AMENDING ORDINANCE 262A, REGULATING. THE USE OF LAND IN THE VILLAGE FOR MINING, STRIPPING AND EXTRACTION PURPOSES, BY ADDfNG AN ADDITIONAL TEMPORARY EXCAVATION DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,'MINNESOTA, ORQAINS: Section 1. Section 3 (a) (Excavatiog Districts Created) of Ordinance No.,262A, Ordinance Regulating The Use of Land in the Village for Mining, Stripping and Extraction Purposes," as amended, is hereby further amended by adding at the end of said section the following: 1 "Area No. 11 The portion of Lot 23, Auditopts Subdivision No. 196, described as follows: South 709.1 feet to Southwest corner thereof, thence Easterly 676.3 feet along the South line thereof, thence North parallel with the west line thereof to the North line thereof, thence Westerly along the Northerly line thereof 678.6 feet to point of beginning, except highway, Hennepin County, Minnesota." Commencing at the Northwest corner of Lot 23, thence Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to lavt. - SPECIAL ASSESSMENTS LEVIED ON NUbIERQUS It4PROVEMENTS ;IN PUBLIC HEARING . Affidavits of Publication in the Edina-Morningside Courier on July 28, 1966, and of Mailing of "Notice of Public Hearings on Proposed Assessments'! which affidavits were approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action was taken by the Council as hereinafter recorded: 1, Tabulation of assessment was presented by Mr. Hyde at $4,594.82 to be levied against 1,078.6 assessable feet at $4.26, as compared with Improvement Hearing estimate of $7.71 per assessable foot. The assessment is to be spread over a five year period. Mr. E. T. Riley Rine, 7016 Lanham Lane, questioned the grade of sod and the method by which it was laid and stated that he would appreciate it if some of the sod could be replaced. Mr. Hite assured him that the sod would be checked. Trustee VanValkenburg's motion approving-assessment was seconded by Trustee Johnson and unanimously carried. Special Assessment later in Minutes . 2. SANITARY SEWER IMPROVEMENT NO. 228 SPECIAL ASSESSMENT LEVIED. (Samuel Road, Sally Lane, West Trail, Iroquois Trail) at $52,666.89, proposed to be levied at $1,224.81 per connection against 43 connections as compared with estimated assessment of $1,425.13. objections and none had been received prior thereto, motion approving the assessment was seconded by Trustee Tupa and unanimously carried. (See Resolution Ordering Special Assessment later in Minutes. ) (Benton Ave. from Crescent Drive east) Mr, Hyde for SANITARY SEWER NO, 225 as total construction cost of $11,087.50 which is proposed to be assessed at $1,108.75 per connection, against an estimated cost of $1,129.16 per connection. Assessment tabulation for WATERMAIN XMPROVEMENT NO. 189 was given by IYr. Hyde at $3,407.78 total construction cost, proposed to be levied at $340.78 on LO assessable lots as against estimated cost presented at Improvement Hearing of $472.57. Avenue, who owns lo2 32 and part of lot 33, Warden;.Acres, requesting that the property be assessed for one connection only. connections had been provided because the amount of frontage on this parcel was easily divisible into two lots. lots 28 and 29 have been assessed for two connections. Trustee VanValkenburg's motion approving assessment as proposed was seconded by Trustee bSad-SiLlan and carried. (See Resolution Ordering, Special Assessment Levies later in Minutes. ) =S3@NTS LEVIED. (Parnell and Virginia Avenues, W. 62nd and W. 63rd Streets) Tabulation of assessment was presented by Mr. Hyde for SANITARY SEWER NO. 234 at $15,570.60'total construction cost, which is proposed to be assessed against 12 assessable lots at a cost of $1,295.55; estimated cost had been presented at $L,376.89. Assessment tabulation for WATERMAIN NO. .197 was presented at total construction cost of $18,466.25, proposed to be assessed against 25 assessable lots at $738.65 per lot as against estimated cost of $782.66 per assessable lot. No persons appeared to register objections and none had been received prior thereto. Trustee VanValkenburg's motion for approvalqof assessment was seconded by Trustee Johnson and carried, (See Resolution Ordering Special. Assessment Levies later in Minutes. ) - ASS Ridsw Drive) Tabulation of assessment was presented by Mr. Hyde for SANITARY SEWER IMPROVEMENT NO. 235 at $27,539.52 total construction cost, which is proposed to be assessed at $573.74 against 48 assessable lots; Improvement Hearing estimate had been given at $588.19. by Mr. Hyde at $18,967.50, proposed to be assessed against 45 assessable lots at $421.50 per lot, as against $585.77 estimate cost presented at Improvement Hearing. Trustee VanValkenburg's motion for approval of the assessments was seconded by Trustee Tupa and carried. (See Resolution Ordering Special Assessment Levies later in Ninutes. ) 6. STORM SEWER IMPROVEMENT NO. 88 NEW HEARING DATE SET. (W. 64th St., Ridgeview Drive) Mr. Hyde presented tabulation of assessment at $10,760.35, total construction cost, proposed to be levied at $0.2144 per square foot against 501,882 assessable square feet; Improvement Hearing estimate cost had been $0.0154 per square foots Eggan, 6304 Warren Ave., questioned being assessed for this storm sewer when he was previously assessed for another storm sewer. He was advised by lir, Hite that the original Birchcrest sewer along the railroad track which had been assessed at the rate of 1.9$ per square foot was in the nature of a trunk sewer to be used until such time as the area to the east was developed. that the alternate storm sewer into which his property is draining was four times more expensive. he cannot see how he is benefited, Mr. H. Gerald Floren, 6316 Narren Ave., stated that the statutory two weeks mailed notice had not been sent and stated that unless, after he has had an opportunity to study the Village Attorney's opinions relative to storm sewer assessments, he is shown good reason for the assessment, he will take the matter to the Supreme Court. Village Attorney Spencer then advised that a re-hearing date be set so that statutory notice requirements can be met. Clerk presented STREET IMPROVEMENT NO. B-77, SPECIAL ASSESSMENT LEVIED. - I (See Resolution Ordering Tabulation of assessment was presented by Mr. Hyde No persons appeared to register Trustee VanValkenburg's 3. SANITARY SEWER IMPROVEHENT NO. 225 AND lJATERMAIN NO. 189 SPECIAL ASSESSMENT LEVIED. Tabulation of assessmenk was presented by Mr. Hite presented a letter from Mrs. C. E. Joslyn, 5417 Benton Mr. Hite explained that two sewer and water Other lots in the area, with the exception of I 4. SANITARY SEWER IMPROVEMENT NO. 234 AND WATERMAIN IMPROVEMENT NO. 197 SPECIAL 5. SANTTARY SEWER IMPROVEMENT NO, 235 AND WATERMAIN IMPROVEMENT NO. 198 SPECIAL $?TS LEVIED. (W. 64th St., Whiting Ave., Holborn Ave., Northfield Ave., .WATERMAIN NO. 198 tkbulation of assessment was presented I Mr. Harold He was then advised by biayor Bredesen Mr. Eggan stated that he does not believe that he can be assessed because Trustee VanValkenburg 8/1$ /6 6 m 1 then offered the following resolution and moved its adoption: BE IT RESOLVED by the Council of the Village of Edina as follows: The Clerk and Engineer having cdlculated the proper amounts to be assessed for the improvement set forth in the Notice of Hearing form hereinafter recorded and the amounts proposed to be assessed against' the respective lots, pieces and parcels of land within the districts af€ected by said improvement, and said proposed assessment having been filed with the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection'pending hearings thereon as herein provided. Hearing forms hereinafter contained, to pass upon said proposed assessments; and the Clerk's action in publishing notice's of said hearings in the official newspaper in accordance with the law is hereby approved, Notice being as follows: RESOLUTION SETTING HEARING DATE FOR STORM SEWER NOe.88 1. L 2. This Council shall meet at the tine and place specified in the Notice of NOTICE OF ASSESSMENT HEARING ON STORM SEWER IMPROVEMENT NO. 88 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Tuesday, September 6, 1966, at 7:OO P.M., to hear and pass upon all objections, if any, to the proposed assessment for the following improvement. This assessment is now on file in the office of the Village Clerk and open to public inspection. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN: West 64th Street from Ridgeview Drive to Holborn Avenue Ridgeview Drive from West 64th Street to Whiting Avenue The area proposed to be assessed fob the cost of the above improvement includes "Commencing at the northeast corner of Lot 1, Block 7, Nomandale 2nd Addn. thence south along the west line of Warren Avenue to the southeast corner of Lot 4, Block 1, Richard R. Lundgren Addition; thence west to the southwest corner of Lot 5, Block 1, Richard IC. Lundgren Addition; thence northwesterly to the southeast comer of Lot 1, Nomandale Third Addition; thence west along rear lot lines of Lots 1 thru 13, Nomandale Third Addition extended to the east line of the Minneapolis, Northfield and Southern Railroad; thence northerly along the east line of the Minneapolis, Northfield and Southern Railroad to the south right of way line of Hennepin County #62; thence northeasterly along south right of way Line of Hennepin County #62 to the northwest corner of Lot 1, Block 7, Normandale Second Addition; thence east to the point of beginning," Assessments for the above improvement will be payable in ten equal consecutive all lots and tracts of land within the following described boundaries. annual installments over a period of ten years, with first year payable with the taxes for the year 1966 collectible in 1967, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1967. rate for one year on all unpaid installments. of the assessment without interest to the-Village Treasurer on or before December 15, 1966, or make payment with accrued interest to the County Treasurer. BY ORDER OF THE VILLAGE COUNCIL To each subsequent installment will be added interest at the same The owner of any property assessed for the above improvement may pay the whole Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Trustee Tupa and on Rollcall there were five ayes and no nays and the r;e' ATTEST : ?Ad- A. 7GLuLwi Village Clerk 7. GRADING AND GRAVELING IMPROVEMENT NO. (2-89 SPBCIAL ASSESSMENT ,LEVIED. (W. 64th Street, Whitigg Avenue, Holborn Avenue, Northfield Avenue, Ridgeview Drive) Mr. Hyde presented tabulation of assessment which showed total construction cost at $47,497.17 whhh is proposed to be assessed against 4,294.5 assessable front feet at $11.06 per front ;Footr Estimated cost had been presented at Improvement Hearing at $9.09 per front foot. Mri'Hj;l;e explained that because the bid on gravel was considerably over the estimate, a considerably higher rate of assessment has resultedr present to register objections and none had been received prior thereto. VanValkenburg then moved approval of the assessment, stipulating that it be assassed over a ten year period because of the higher assessment rate, which motion was seconded by Trustee Tupa and carried. Levy Later in Minutes. ) 8. SANITARY LIFT STATION NO. LS-3 SPECIAL ASSESSMENT LEVIED. (West side of Olinger Blvd. at W. 61st St.) construction cost at $38,827.74 which is proposed to be assessed against 193 lots at $201.18 per assessable lot. given at $206.95. No persons were Trustee (See Resolution Ordering Special Assessment Mr. Hyde presented tabulation of assessment, showing total Estimated cost presented at Improvement Hearing had been Mrr Hite presented a Letter from Mr. Larry MOSOW, 5620 Wycliffe Road, 16.6 I 8/15/66 who stated that because the Village is interested in acquiring his property, Parcel 6800, Plat 73732, S.*32, T. 117, R. 21, in the Mud Lake Area, and will not issue any building permits, he does not feel that assessments should be levied against the property. he cannot build below 860 elevation water line and requested that property below this elevation be exempt. He was advised by Mr. Hyde that if the property is acquired by . the Village, any payments that have been made will be reimbursed. stated that a decision will be made within two years whether or not the village will acquire the property. Trustee VanValkenburg's motion for approval of the assessment as submitted was then seconded by Trustee Tupa and carried. Ordering Special Assessment Levy later in Minutes.) 9. STORM SEIJER IMPROVENENT NO. 99 SPECIAL ASSESSMENT LEVIED. (S. lot line of Lot 1, Block 1, LaBuena Vista Addition from Tracy Ave. to 90 feet west) assessment was presented by Mr. Hyde who showed total construction cost of $1,482.01 which is proposedto be assessed against 156,993 square feet at $0,00944 per assessable foot; estimated cost at Improvement Hearing had been given at $0.0097 per square foot. No persons appeared to register objections and none had been received prior thereto. Trustee VanValkenburg's motion for approval of assessment was seconded by Trustee MacMillan and carried. Hr. Verge1 Edwards, owner of Tract B, stated that he has been told that Mayor Bredesen (See Resolution Tabulation of (See Resolution Ordering Assessment Levy later' in IJinutes.) 10, of Johnson Drive to 190' north) Tabulation of assessment was presented by 1Sr. Hyde STOM! SEWER IMPROVEMENT NO. 98 SPECIAL A&&SMIENT LEVIED. -(Warden Ave. 215' west at total. construction cost of $3,117.60 which is proposed to be assessed against 276,780 square feet at $0.01173 per square foot. was presented at $0.0124 per square foot. the fact that he was not advised of the Improvement Hearing and had no knowledge that the improvement had been ordered. which he inquired of the Village as to whether or not there were any future assessments and because his contractor had told him that there were none, even though the contractor had been notified by mail that the improvement was to b'e considered, Mayor Bredesen advised Mr. Snook that he believed that any domplaint should be directed to the contractor. by Trustee Tupa and carried. Esthated cost at Improvement Hearing Mr. R. W, Snook, 5628 Johnson Drive, questioned Because Mr. Snook was not sure as to the date on Trustee VanValkenburg's motion for approval of the assessment was seconded (See Resolution Ordering Assessment Levy later in Minutes.) 11. STORM SEWER IMPROVEMENT NO. 87 SPECIAL ASSESSMENT LEVIED. (W. 70th St. at West Shore Drive) Tabulation of Assessment was presented by Mr. Hyde at $3,116.44 total construction cost, proposed to be assessed at $0.051 per square foot against 58,690 assessable square feet; Improvement Hearing estimate was given at $0,0377 per square foot. Plr. Robert E, Smith, 6912 Creston Drive, questioned the disparity between the estimated cost and the assessed cost and was told by 1SG. Hite that the principal reason for the higher cost was the cost of the pipe add that it is difficult to estimate small jobs because the cost of moving equipment is high in proportion to the amount of work to be done, Mr. L. H. Winfrey, 6908 Creston Drive, stated that the property which he and Hr. Smith own was much higher than lots 5 and 6 and that it was only after these lots were filled and houses built that there was any water problem, and that this problem was caused by the contractors who built the newer houses. Village Attorney Spencer stated that if the flow of water is changed in order to use property in a l*reasonablell way, there is no liability for damages on the part of the party causing the 'change. unwarranted share of the assessment. Mr. Hite then suggested that the benefit to Lot 5 and the benefit to Lot 6 should be the same and suggested straightening the line ofthe assessment district so as to assess Lots 5 and 6 equally, which would increase the size of the area to be assessed and reduce the over-all rate of assessment. Trustee VanValkenburg's motion for app-mval of the assessment, with the understanding that the line on Lot 5 be straightened to correspond to Lot 6, was seconded by Trustee Johnson and carried. its adoption: I Mr. Winfrey stated that Lots 2 and 3 are paying an Trustee VanValkenburg then offered the following resolution and moved RESOLUTION ADOPTING AND CONFIRblING ASSESSMENTS FOR , 225, 234, 235; WATERMAIN IMPROVEMENT NOS. 189, 197, 198; STORM SEWER STREET IMPROVEMENTS Bo77 AND C-89; SANXTARY SEWER IMPROVEMENT NOS. 228, IMPROVEMENT NOS. 99, 98, 87; SANITARY LIFT STATION-NO. LS-3 BE 'IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, as follows: 1. ' The Village has given notice of hearings as required-by law on the proposed assessmen6 rolls for the improvements hereinafter referred to, and at such hearings held on August 16, 1966, has considered all oral and written objectioxis pre'sented against the levy of such-assessments. the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the following improvements: Street Improvements B-77 and C-89; San-it'ary Sewer Improvement Nos. 228, 225, 234, 2$5; Watermain Improvement Nos. 189, 197, 198; Storm Sewer Improvement NOS. 99, 98, 87; and Sihitary Lift Station No. LS-3 does not exceed the locai benefits conferred by said improvements upon the lot, track or parcel of land so assessed, and a11 of said assessments are he6eby adoptkd and confirmed as to the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts oi land described therein. 2. Subject to the amendments made in paragraph 3 of this resolution, each of - 8/15 /66 \ I 3. Said assessments are hereby amended as follows: The assessment for STORM SEWER NO. 87 shall be changed to exclude only the westerly 35' of Lot 5, Block 5, Woodhill Addition. The assessments shall be payable in equal annual installments, the first installment to be payable in 1966, and all unpaid installments shall bear interest at the rate of 5% per annum. follows: NOS. 228, 225, 234, 235; WATERMAIN IMPROVEMENT NOS. 189, 197, 198; STORM SEWER IMPROVEMENT NOS. 98, 99, 87 and SANITARY LIFT STATION NO. LS-3, 10 installments; STREET IMPROVEMENT NO. C-89, also 10 instalhents. a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment ,and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. payable by a county, by a political subdivision or by the owner of any right-of-way as required by Minnesota SBatutes, $eation 429.061, Subdivision 4, and if any such assessment is not paid in a single instalLment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was secondecbbflrustee MacMillan and on rollcall 4. The number of such annual installments shall be as STREET IMPROVEMENT NO. B-77, 5 installments; SANITARY SEWER IMPROVEMENT 5. The Village Clerk shall forthwith prepare and transmit to the County Auditor 6. The Clerk shall also mail notice of any special assessments which may be there were five ayes and no nays .and the resol_uri(on was adopted. A BID AWARDED FOR STORM SEWER NO. 103. presented on August 1, 1966, was reviewed by Mr. Hyde. Tabulation of bids for Storm Sewer Nor 103 as Orfei & Sons,:Inc., was given as recommended low bidder at $166,151.29 as against Engineer's estimate of $212,201.50. Mr, Hyde stated that the project is eligible for federal funds, but because it will take 90 days to process the application and because1 there are no federal funds available at the present the, Mr. Hyde recommended that the estimated low bid be accepted. He further recommended that an application be submitted for the County Road 18 Stom Sewer, was seconded by Trustee- Tupa and *carried, CONTRACT AWARDED FOR VARIOUS IMPBOVEMENTS. Tabulation of ten bids-was presented by Mr. Hyde for Sanitary Sewer No, 250, Watemain No. 209 and Storm Sewer NOS, 100 and 107. Minn-Kota Excavating, IAC., was low iiidder at $74,881.60; Northdale Construction Co., Inc. , was second low bidder at $76,450.20; Coburn Meek, Inc. , was third low at $84,716.00 and Beatson & Kelly, Inc., were high at $138,339.50. was presented at $98,089.00. Minn-Kota Excavating, Inc. , was made by Trustee VanValkenburg, seconded by Trustee Johnson and unanimously carried. Trustee VanValkenburg's motion awarding bid to Orfei E Sons, Inc., Engineer's estimate Motion €or award of bid to recommended low bidder, HARRY GUSTAFSON RESIGNS FROM PLANNING COMMISSION. of Mr. Harry Gustafson from the Planning Commission, whereupon Trustee VanValkenburg Mr. Ryde +mounted the resignation offered the- following resolution and moved its adoption: WHEREAS, Harry Gustafson has served on the Planning Commission of the Village of Edina.for some ten years, and WHEREAS, during that period of the, hiss services have proven highly valuable to the Village of Edina, NOW, THEREFORE, BE IT RESOLVED, that this Village Council, in behalf of its members, the officials and employees of the Village of Edina and the citizens of this community do express to HARRY GUSTAFSON, sincere and profound appreciation for his faithful service in behalf of the Village of Edina. Motion for adoption of the resolution was second there were five ayes and no nays and the -sol ATTEST : ~ by Trustee Tupa and on rollcall ion was adopted. A? & As? &&&Wd Mayor Village Clerk $A- BUS SERVICE REQUESTED TO GRANDVIEW AREA.- Nr. Hyde advised Council that he had received a request for bus service extension to the Biltmore Motel. A gentleman in the audience stated that he had called the Twin City Bus Lines and that he had been re€erred to the Village. if the bus extension is,possible. CURB AND GUTTER PETITION RECEIVED for Fairfax Avenue between 5813 and 5845 was presented and referred to the Engineering Department for study by motion of Trustee MacMillan., seconded by Trustee Tupa and carried. Mr. Hyde advised that he would get in touch with the bus company to see 16 8/15 /66 EDINA INFERCHANGE CENTER, SECOND ADDITION PRELIMINARY PLAT CONTINUED, pending receipt of Planning Commission. JOE RUZIC HEARING DATE SET. Hearing date of September 19, 1966, was- set for request of Mr. Joe Ruzic for rezoning from R-1 to R-2 Multiple Residence District rfor County Road 18 and East Frontage Road between Valley View Road and Sioux Trail, by motion of Trustee Johnson, seconded by Trustee Tupa and carried. \?ALLACE KENNETH HEARING DATE SET. request of Mr. Wallace Kenneth from R-1 to R-5 District for the property north of T.H. 169 between Eba Highlands and. Interlachen Court Apartments, by motion of Trustee Madlillan, seconded by Trustee Johnson and carried. EDINA PLAZA CORPORATION HEARING DATE SET. Hearing date of September 19 was set on request of Edina Plaza Corporai5on from R-1 District to Planned Industrial District for Edina Interchange Center, Sekond Addition, by motion Trustee Tupa, seconded. by Trustee Johnson and carried, Hearing date of September 19, 1966, was set for B - ALLEN GARRISON REQUEST CONTINUED. District to R-4 District on the West side of New County Road 18 between Valley View Mr. Allen Garrison's request for rezoning from R-1 Road and Sally Lane until the Planning Commission Minutes are available. ROBERT E. MOORE REQUEST FOR NOTEL TO BE INVESTIGATED. Mr. Hite advised Council that Mr. Robert E. Moore of the Radisson Hotel has proposed to construct a combination hotel, motel and convention facility of 400 units in the general vicinity of Chapman's restaurant. the entire structure -in Bloomington and locate the parking to the north within the Village of Edina. C-2 District would be necessary. wise to rezone this prime indus*ial kand for parking lot use and Bloombagton was be within the Bloomington city limits. this property for land south of Braemar and north of Interstate Highway 494 which is presently in Bloomington. gated further was seconded by Trustee Tupa and carried. TRAFFIC SIGNAL MAINTENANCE AGREEMENT REACHED .FOR T.H. 100. Mr. Hyde stated that an agreement had been reached with the State Highway Department on maintaining traffic signals on T.H. XOO. proper equipment for maintaining these signals, and the Village will be billed by ehe state for work done. and moved its adoption: I In order to have liquor for the facility, it is proposed to build almost This land is zoned Planned Industrial District and a rezoning to Planning Commission had felt that it might not be - approached with the idea of changing the municipal boundary so that this property would The possibility was mentioned of exchanging Trustee VanValkenburg's motion that the matter be investi- I This action is requested because the Village does not have Trustee VanValkenburg then offered the following resolution R E S 0 L U T .I O.*N BE IT RESOLVED that the Village of Edina enter into a maintenance agreement with the State of Ninnesota, Department of Highways for the following purposes , to-wit : To maintain the traffic control signal on Trunk Highway No. 100 at its intersection with 50th Street and with Willson Road and with Southview Lane and with Valley View Road and with 66th Street in accordance with the terns and conditions set forth and contained in Maintenance Agreement No. 864-R, a copy of which was before the Council, BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby are authorizedto execute such agreement, and thereby assume for and on behalf of the Village all of the contractual obligations contained therein. Hotion €or there were ATTEST: adoption of the resolution was seconded b&tee Tupa and on rollcall five ayes and no nays and the resolutiop/was akopted. 2 n Mayor Village Clerk I TRAFFIC SIGNALS DXSCUSSED FOR HIGHWAY 100 AT WEST 77TH STREET. Mayor Bredesen stated that he feels a deep concern over traffic condi45ons at Highway LOO at West 77th Street. Mr. Hyde stated that Commissioner Jamieson had indicate'd that because of the pressure of funds upon the Highway Department, nothing can be done until April, 1967. Bredesen suggested the possibility of the Village loaning the money to the State and suggested that some inexpensive temporary signalization could be installed which could be operated by push button by patrolman. matter and see what action can be taken. May'or Mr. Hite stated that he will check into the HEATING SYSTEM FOR W. 72ND STEET LIFT STATION AUTHOR3ZED. that the present heating system for the Lift Station at W. 72nd Street needs replacing. Idr. Hite ad3ised Council - He presented bids of $1,175 from Plehal Heating Co. and $1,337 from Cronstrom Heating Co. and requested authorization to contract with low bidder. granting award of bid to recommended low bidder, Plehal Heating Co., was seconded by Trustee MacMillan and carried. Trustee Johnson's motion 8/15 /66 LOTS 8 AND 9, BLOCK 3, EDINA INTERCHANGE CENTER UTILITY EASEMENT VACATED. advised Council that in the process of constructing a building on Lots 8 and 9, IYlr. Hite Block 3, Edina Interchange Center, it has been necessary to relocate the utility easement on the property. written that the new location is acceptable-to them. a new easement, Trustee VanValkenburg offered the following resolution anamoved its adoption : He indicated that Northern States Power Company has Subject to the Village receiving RESOLUTION VACATING UTILITY EASEHENT IN BLOCK 3, EDINA INTERCHANGE CENTER BE IT RESOLVED by the Village Council of the Village of Edina that the following easement which was filed for record on July 1, 1964, as Document No. 3483509 in Book 166 of Plats, Page 21 in the Office of the Register of Deeds in and for Hennepin County be vacated : The southerly 5 feet, except the Westerly 10 feet thereof of Lot 8, Block 3, Edina Interchange Center; also, The northerly‘$ feet, except the Vesterly 10 feet thereof of Lot 9, Block 3, Edina Interchange Center Motion for adoption of the resolution was secondP@ Trustee Tupa and on rollcall there were five ayes and no nays and the resolution@s adopted. 3 V Q3 d-I 2 EDEN PRAIRIE SANITARY SEWER INTERCONNECTION DISCUSSED. Eden Prairie is interested in having a temporary connection to Edina sanitary sewer IYlr. Hyde advised Council that 5 system and would be interested in a contract similar to the one which is being drawn up for Hopkins. Mr. Quentin Wood, Eden Prairie Engineer, stated that he anticipates Eden Prairie would have its om system within three to five years. Mr. Hite advised Council that the contract cannot run past 1971 because by that time the Village will not have sufficient capacity to furnish this service. Mr. Hyde stated that he is of the opinion that the type of sewage should be restricted. The matter was continued until the City of Hopkins returns their contract. I I‘ ELECTION OFFICIALS APPOINTED. stating that the list is not *quite complete. with authority to Clerk to make such additional appointments and replacements as are necessary to staff the polls. PRECINCT NO. 1 - Wooddale School - Mmes. Marjorie Rossiter, Chairman; Marjorie McCall; Clerk presented the following Roster of Election Officials Trustee VanValkenburg then moved approval Motion seconded by Trustee Tupa and carried. Jane Hawthorne ; Frances Grinley ; Katherine HI Kaiser; Evelyn Anderson; Katherine Ritchie; Sue Bieter. Hess; Doris Hartshorn; Frances Sonnenberg; Marion Bailey; Delores Peterson; Mwy Jane Bolmgren; Irma Hoyt. Sylvia Loheyde; Betty Tripp; Betty Bentzen; Marcia Parker; Ruth M. Zipoy; Constance Ryan. PRECINCT NO. 4 - Concord Elementary School - Mmes. Eunice Ca$lson, Co-Chairman; Yvonne Ford, Co-Chairman; Gertrude Perlich; Dorothy Nonnweiler; Virginia Dash; Alameda Kenerson; Irma Foley; Evelyn Nicholson; Florence Bahneman. Mary Luttke; .Juliet Haedeke; Mary Ryan; Geneva E. Smith; Marion D. Lyons; PRECINCT NO. 2 - Village Hall : Mmes. Nellie Strate, Chaiman; Dorothea Obermeyer; Betty PRECINCT NO. 3 - Southview Jr. High School - Mmes. Audrey Berglund, Chairman; Ruth Volk; PRECINCT NO. 5 - Cahill Elementary School - Mmes. Lorraine Hasselquist, Chairman; - Anna Taggatz. e PRECINCT NO. 6 - Shepherd of the Hills Church - Mmes. Dorothy Richardson, Chairman; Evelyn Jensen; Muriel L. Clauson; Marguerite Sester; Jane Fleet; Alice Swanson b Myrtle Kiichli; Adele L. Stewart; Grace Callaghan; Ellen Juhl; Margaret N, Borsch; Beakrice Pegman. Olson; Mavis Storrey; Lucie C. Emerson; June V. Dreher; Catherine Kovar; Ruth Jensen ; Edna Sanf ilippo. Alice Rose; Shirley T. Dibble; Virginia G. Courtney; Elizabeth Anderl . (Election Judges) . Mmes Lawrence Zetzman ; Marjorie Joyce; Irving Nudell; James Lushine; Joanne Downey; Violet Cook; Donald Degeberg (Counting Judges), . PRECINCT NO. 7 - Edina Highlands Elementary School - Mmes. Alice E. McFadzek, Chairman; PRECINCT NO. 8 - Cornelia Elementary School - Mmes. Muriel Thompson, Chairman; Adele PRECINCT NO. 9 - Morningside Municipal Building - Mmes. Ja,net L. Hyde; Vivian Miller; LOT 1, BLANCH..ADDITION UTILITY EASEMENT VACATED. Mr. Hite advised Council that Mr. Robert A. Roser, 505 Tyler Court had requested a variance in order that his property on the corner of Maloney Ave. and Tyler Court could be used as a buildable lot. Board of Appeals had suggested that a more probable solution might be to vacate the north five feet of the utility easement on the property,. which would increase the buildable width to 30 feet which is sufficient. of the pig’es that- will be necessary. Trustee VanValkenburg then offered the following He further stated that the Village has installed all resolution and moved its adoption: A. J RESOLUTION BE IT RESOLVED by the Village Council of the Village of Edina that the north five feet ofthe utility easement on Lot 1, Blanch Addition, be and is hereby vacated. Motion for adoption of the resolution was se rollcall there were five ayes and no nays an ATTEST: MacMillan and on solution was a opted. d iiayor dw& jL&.h+ Village Clerk SKYLINE ADDITION, DALQUIST REPLAT GRANTED FINAL PLAT APPROVAL. Skyline Addition, Dalquist Replat. for f inaU plat approval a stating that it involves only the relocation of a lot line between two lots. offered the following resolution and moved its adoption: Mr. Hite presented Whereupon Trustee VanValkenburg SOLUTION APPROVING SKYLINE ADD~TION , DALQUIST REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that :tha-k.cert.dn glqt ent.it.led2 !',Skyline Addition , Dalquist Replat at' platted by Henry David Dalquist , Jr. , and pre'sented at the meetlipg,gf- the, Viklage Councril- of;# August 15 is hereby approved. Motion for adoption of the resolution was seconded ATTEST : Trustee Tupa and on rollcall [ there were five ayes and no nays and the resoluti i?-- was ad $L,d h, ha Mayor rL Village Clerk 0 BOARD OF REVIEW ACTION TAKEll RELATIVE TO 7000 SANDELL AVENUE. Council that at the meeting of the Board of Review on July 14, 1966, a written request had been presented from owners of. 7000 Sandell Ave., a cooperative apartment, requesting tax reduction. is some justification for a revision because there is no homestead exemption on coo perative apartments. *rue value. cannot be homsteaded is a valid reason for the reduction. No formal actibn was taken, but Hayor Bredesen stated-that he opposes the action of the Board of Review. (See COP rection of Ninutes as of Sept. 6, 1966, on Page 190 of this Minutes Book.) Mr.' Xyde recalled to Mr. Kearns has met with the property owners and agrees that there He recommends that a 10% reduction be made on'the full and Attorney Spencer stated tha<'he believes that the fact-that the property HENNEPIN COUNTY ANNOUNCES VALUATION INCREASE IN SOME EDINA AND MORNINGSIDE DISTRICTS. Mr. Hyde advised CounciJ, that Ear. Wayne Johnson, Hennepin County Assessor, has raised property valuations in several Edina aqeas and in Morningside. the Village had revaluated most of the affected areas four years ago and e.xpressed regret that Mr. Johnson gave the Village no opportunity to be heard, Nayor Bredesen's question whe$her notice is required, Attorney Spencer stated that the County Board meets annually on the third Monday in July, adjourns peripdically ' - and is not required to give notice to individuals. Mr. Hyde stated that In reply fo COUNCIL MEETING DATE SET €or Tuesdax, September 6, because the next meetiqg date would fall on Labor Day. ORDINANCE NO. 66B GRANTED SECOND READING. Mr. Hyde presented Ordinance Nos. 66B €or Seqond Reading, stat.ing that it had not been determined when to require connection to the sewer when it is in front of a house. Because there are indications that some property owners are not connecting to sanitary sewer when their systems fail, it is considered necessaryto arrive at a reasonable length of time in which connection must be made after the sewer is available, the ordinance should read, l!..two years from the effective date of the ordinance or from the date the sewer goes in, whichever p%riod of time is longer," Trustee VanValkenburg of€ered Ordinance No. 66B for second reading as follows: Stating that he feels that ORDINANCE NO. 66B AN ORDINANCE REGULATING ~LWBING AND GAS FITTING WORK IN THE V~LLAGE, INCLUDING THE INSTA~LATION OF $WATER SOFTENING AND FILTERING EQUIPMENT ; REQUIRING LICENSES,* PERMITS AND BONDS; REQUIRING CONNECTION TO THE SEWER SYSTEM; PRESCRIBING A PENALTY; AND REPEALING ORDINANCES NOS. 66A, 67A, 68 AND 70 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, lbnesota, Ordains: Part 1. General Requirements for Doing Plumbing Work. Section 1. License Required for Plumbing Work; Responsibility of Owner. No person shall construct, reconstruct, extend, alter or repair any plumb,ing work ' or buil.,ding drainage, or construct cesspools, or construqt, reconstruct, or connect any building drainage with cesspools or the sewer system of the Village either directly or indirectly, unless such person shall hold a valid plumbing license from the Minnesota State Board of Health to do such work; pqovided that a journeyman plumber shall be permitted to do plumbing work only under the supervision of a 8/15/66 I of a master plumber. by any other person or persons for the purpose of doing plumbing work or obtaining a permit for doing such work, or cause to pernit any person in his employ to do or perform any plumbing work for him or them unless such employee shall hold a valid license to do plumbing work issued by the Minnesota State Board of Health. person shall display'any sign stating or implying that he is carrying on the business of plumbing unless he holds a valid master plumber's license issued by the state. No owner, lessee or occupant of any premises in the Village, nor the representative or agent of any such owner, lessee or occupant, shall knowingly hire or otherwise engage any person to do plumbing work on such premises who does not hold a valid license issued by the state. Sec. 2. Evidence of Licenqe. Before obtaining any perinit hereunder to do plumbing work in the Village, the applicant shall fuknish proof to the Village Plumbing Jnspector that he holds a valid master's plumbing license issued by the Minnesota State Board of Health. plumbing work in the Village, the applican% shall have on file with the Village Clerk a bond running to the Village in the penal sum of $2,000, which bond shall be conditioned that the applicant will save the Village harmless from all actions OP damages arising from his failure to comply with any provisions of this ordinance, or from any opening in any street, lane or avenue made by him or by any person in his employ, or with whom he has contracted for the work, for the purpose or putting down service pipes connecting with the water works or sewerage system of the Village, and that he will. restore a11 streets, lanes and avenues excavated by him to their' former good condition, and will keep and maintain such'streets, lanes and avenues in good condition for the perioa of one year next thereafter, and that he will reimburse the Village for any expense which it may Zncur in completing, reconstructing or repairing any faulty or incomplete plumbing work done or to be done by him and that he will pay all penalties imposed upon hiin by the Village for the itiolation or any portion of this ordinance. The bond shall apply to all plumbing work to be done by the applicant in the Village during a period expiring on January of the year next following the year in which any work is to be done under any permit issued to the applicant. Village Clerk. The surety thereon shall be a corporation duly authorized to act as such under the laws of the State of Minnesota. shall any bond be required of, any journeyman plumber who is employed Only as such. also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by him during the period of the pemit €or death or personal injury arising therefrom to any person or persons, in amounts of not less than $100,000 for each person and'$300,000 for each incide'nt, *and for damage to property arising from any incident in the amount of not less than $50,000. No holder of any such license shall allow his name to be used No Sec. 3.- Bond Required. Before obtaining any permit hereunder to do . Such bond shall be submitted on the form on file in the office of the Copies thereof shall be available fo all applicants without charge. Provided, that the provisions of this section shall not apply to, nor Sec. 4. Liability Insurance. The applicant for a plumbing permit shall Pari% 2. Plumbing Standards-and Permits Sec. 5. Minneapolis Plumbing Code Adopted. There is hereby adopted by reference the Plumbing Code of the City of Ninneapolis, being Chapters 130 to 132, inclusive, of the Minneapolis Ordinance Code of July 1, 1960, with hll'amendments subsequently made thereto, as the regulations which shall apply in the Village of Edina for the installation, extension or alteration of all plumbing, except 'that Sections 130.060 and 132.820 of said Code shall not be effective in the Village. In the application and interpretation of said Code, a11 references therein to the ItCityrr shall be construed as referring to the Village; all references therein to "Inspector of Building" or "Department of Buildingst1 shall be construed as referring to the Village's Plumbing Inspector; and all references therein to ltCommissioners of Health1' or llDepartment of Health" shall be construed as referring to the Village Health Officer or the Village Public Health Sanitarian, either or both. Sec. 6. Minneapoiis Plumbing Permit Fees Adopted. There is 'also hereby adopted by reference Chapter 203 (Plumbing Permit Fees) of said Minneapolis Ordinance Code of July 1, 1960, with all amendments subsequently made thereto, as the schedule of fees for permits for a11 plumbing work in the Village of Edina for which a permit is required; provided, that the minimum fee for any plumbing permit shall be $5. All references therein to IICitytl .shall be construed as referring to the. Village , and all -references therein to "Inspector of Buildings" shall be construed as referring to the 'Village's Plumbing Inspector. Sec. 7. Official Copies on File. Three copies of the ordinances above described, together with three copies of each code or standard referred to in said ordinance, shall be marked as official copies and filed for use and examination by the public in the office of the Village Clerk. additional regulations shall apply to all plumbing work: Sewer lines shall be constructed of extra heavy cast iron, vitrified clay or transite. If watenlines are laid in the same' ditch or within LO feet of the sewer, the sewer must be extra heavy cast iron. Sec. 8. Additional Regulations for Plumbing Installations. The following ' 8/15/66 . Joints in clay pipe shall be packed oakum and hot or cold made with well packed oakum and good cement mortar, well plastic, or ASTM-C-425- type 1 or 3'factory made joint. Joints in cast iron sewer pipe shall-be made with well packed oakum and caulked- with lead, or with neoprene gaskets. All sewers shall be laid with an even pitch without sags or bows. Grades of one inch @er 8 feet minimum and not over one inch per 2 feet ma%hum. A13 lines shall be laid on firm ground with back fill well compacted. All water service pipe up to and including 1-1/2" shall be type K copper. connections shall be of the compression type. Class 150 and Federal Spec. MW-P-421B cast iron water main and l50# hydrostatic test shall be placed on main at time of inspection. individually valved. blocked, shored and/or rodded. Meters shall be set at least 1 foot above the floor and not over 4 feet above it. There must be a gate valve on each side of the meter. All water services passing through a portion of the building shall be run under the floor or slab to the location of the meter. Water services run in a common ditch with a cast iron sewer line must be at least 18" above the sewer line on a shelf of well compacted ground. be run in a common ditch with a sewer unless the sewer is extra heavy cast iron. Minimum depth of house service line shall be 7 feet. Curb boxes must be brought up to grade and must be plumb, and operable after backfilling. All sewer services being cut into manholes where required shall be inside drops of cast iron with the pipe strapped to the manhole wall and painted with two coats of INERTOL POXITAR paint or equal. All ditches shall be left open until after inspection. Underground Water service 2" and over shall be All water services shall be All bends and fittings in cast iron'main shall be adequately No water service shall Part 3. Connections Reauired to Sewer the owner or occupant of every dwelling house or busine'ss building located on such property shall within two years after the date this ordinance becomes effective or after the date such sanitary sewer mains did or will become usable, whichever date is later, connect the ftewage disposal lines in such house or building with 'such mains in such a street or alley; provided, that such connection shall be made immediately if such mains are usable and if the private sewage disposal system into'which the sewage disposal lines in the dwelling house or business building on such property drain shall overflow, back up or otherwise fail. to connect the sewage disposal lines with the sanitary sewer shall make such connection within 10 days after written notice is given to such person to make such connection. The written notice shall be prepared and mailed by certified mail or delivered by the Village Public Health Sanitarian on order of the Village Manager. Sec. 11. Connection by Village. Whenever any owner or occupant shall fail to comply with such written"notice, the Council may by resolution direct that a connection be made with the sanitary sewer and that the cost of said installation be paid in the first instance out ofthe generd revenue furid and then assessed against the property benefited. I Sec. 10. Failure to Comply; Notice. Any person required by Section 9 hereof . Sec. 12. Assessment and Collection. After such installation and connection is completed by order of the Council,-the Village Clerk shall serve a written notice of the assessment upon the owner or his representative directing him to pay said assessment within ten days after the service of said notice to the Village Treasurer. If such assessment is not paid within ten days the Village Clerk shall certify the amount thereof to the county auditor for collection in the same manner as other special assessments and the same shall become a lien upon said property until paid; provided, the Village Council may be resolution provide that the assessment be spread over a term of three years upon request of the owner of the property or his representative. Sec. 13. Certain Connection Forbidden; Removal Thereof. No person, owner, lessee or occupant of any parcel of land, building or premises situated within the corporate limits of the Village shall discharge, or pe-rmit to be discharged, directly or indirectly into the sanitary sewer system, water from roofs, yards, lawns, streets, or alleys; water or other fluid used for the operation of air cooling and air condi- tioning equipment, plants or units; nor discharge or permit to be discharged, directly or indirectly, into the sanitary sewer system, any gravel, sand, dirt or any other heavy material or any substance causing any extraordinary, obnoxious odors or gases, or any surface or subsurface waters. who have heretofore made or permitted to be made, or shall hereafter make or permit to be made, any connection to the sanitary sewer system for the purpose of discharging into said system the substances describ'ed in this section shall immediately remove such connection.' If such connection-is not removed within 15 days after notice of such violation delivered personally to such person, owner, lessee or occupant, OP I Any person, owner, lessee or occupant, and any plumber or bui'lding contractor * posted in the premises where such violation may occur, the Council may order the 8/15/66 Plumbing Inspector to cause such connection to be removed at the expense of the\ Village, and the expense of such removal shall be assessed against such premises and certified to the county auditor of Hennepin County for collection in the same manner as other special assessments, and the same shall become a lien on such property until paid. Any person, owner, lessee, occupant, plumber or building contractor'may in addition be prosecuted for having committed a misdemeanor. Part 4. General Requirements for License Required for Gas Fitting Work. ., Doing Gas Fitting Work Sec. 14. No person except a person holding a Class A or Class B Gas Fitters' License hereunder or a licensed journeyman gas fitter working under the immediate supervision of a person holding a Class A or Class B gas fitter's license hereunder shall install, alter or repair any gas piping for illuminating or fuel gas or install, alter, repair or service any gas burning devices connected thereto, in,or for any building or structure in the Village. for either o€ the following classes of work: thereof to engage in all branches of the business of installing, altehng and repairing gas piping for illuminating or fuel gas anddnstalling, altering repairing and servicing gas burning devices connected thereta, including gas burners and gas burner equipment, as herein defined; and for the purpose of this ordinance the term "gas burner1' shall mean: (1) a device for the final conveyance of the gas, or a mixture of gas and air, to the combustion zone of a boiler or furnace used in connection with a heating system; (2) a power burner in which either gas or air, or both, are supplied at pressures exceeding, for gas, the house line pressure, and for air, atmospheric pressure; or (3) an atmospheric burner (other than a gas range or a gas water heater) in which air at atmospheric pressure is injected into the burner by a jet of gas'under pressure, and whose input exceeds 50,000 BTU per hour, and the tern "gas burner equipment" shall include Itgas burners1' as above defined; and all piping (other than supply piping from meter to appliance shutoff valve, blowers, control devices and accessories, connected to such burners. ) thereof to engage in all branches of the business covered by a Class A license, as above set forth, except the installing, altering, repairing and servicing of Itgas burners" and "gas burner equipment" as above defined. work €or any Class A or Class B licensee hereunder sh'all hold a jou'rneyman gas fitter's license hereunder. Sec. 17, License Procedure or Control; Penalties; License Period. The provisions of Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses except that licenses and renewals thereof shall be granted or denied by the Plumbing Inspector and every license hereunder shall expire on the 1st day of January next following. Sec. 18. Applications. The application fob a Class A or Cla'ss B license or renewal of license shall be accompanied by proof that the applicant holds either a master's certificate of competency issued by the blinneapolis Board of Examinens of Plumbers or a gas €itter's license of the same class as that for which the application is made issued by the City of Minneapolis, or the City of Bloomington or the City of St. Louis Park. by proof that the applicant holds a journeyman gas fitter's license issued by one of the same three cities. application a bond running to the Village in the penal sum of $1,000, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed in installing, altering or repairing gas piping or installing, altering, repairing or sevlvicing gas burner devices or gas burner equipment, as herein defined, will strictly conform to the provisions of the ordinances of the Vi'llag'e reilating thereto. The bond shall apply to all work to be done under the license during the period from tihe date of issuance to the date of expiration of the license. Sec. 20. Liability Insurance. The applicant for a Class A or Class B license shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by him during the license period, for death or personal injury arising therefrom to any person or persons in amounts of not less than $100,000 for each person and $300,000 for each incident, and for damage to property arising from any incident in the amount of not less than $50,000. $10, except that if the license applied for will expire within 6 months from the date Sec. 15. Class A and Class €3 Licenses. Licenses hereuniler shall be issued (a) Class A License. A Class A Gas Fitter's License shall entitle the holder (b) Class B Licenses. A Class B Gas Fitter's license shall entitle the holder See. 16. Journeyman Gas Fitter's Lkense. Every person doing gas fitting The application for a journeyman gas fitter's license shall be accompanied Sec. 19. Bond. Every applicant for a Class A license shall file with his - ' Sec. 21. Fee. The fee for each license required by this ordinance shall be Part 5. Gas Fitting Standards Ad Permits. Sec. 22, 'Minneapolis Gas Piping Installation Ordinance Adopted. There is also hereby adopted by reference Chapter 133 (Gas Piping Installation) and Chapter 113 -- (Gas Burner Installation) of said Minneapolis Ordinance Code of July I, 1960, with all amendments subsequently made thereto, as the regulations which shall apply in the Village of Edina for the installation of gas piping and burners. All references therein to "Cityt1 8/15/66 shall be construed as referring to the Village; all references therein to "Department of Buildings" or tlInspector of Buildingst1 or ttPlumbing Division of the Department of Buildings" shall be construed as referring to the Plumbing Inspector of the Village; and all references therein to Wit@ Treasurer" shall be construed as referring to the Village Treasurer. -.- Sec. 23. Minneapolis Gas Fitting Permit Fees Adopted. There is also hereby adopted by reference Chapter 204 (Ga's Fitting Permit Fees) of said Minneapolis Ordinance Code of July 1, 1960, with a-1 amendments s'ubsequently made thereto, as the schedule of fees for permits for all gas fitting work in the Village of Edina for which a permit is rgquired; provided that the mk$num fee for any pennit shall be $5. All references therein to tlInspector of Buildingstr shall be construed as referring to the Plumbing Inspector of the Village. I Part 6. General Requirements for Installing Water Softening and Filtering Equipment. Sec. 24. Who Nay Install Water Softening and Filtering Equipment. NO person may install or connect water softening or water filtering equipment'unLess he is qualified to do plumbing work under Part 1 of this ordinance, except that a person who is engaged in the business of installing water softener$, though not licensed by the State Board of Health as a master plumber or journeyman plumber, but who is licensed hereunder, may install or connect water softening and water filtering equipment to a private resi-ence water distribution system, provided provision has previously been made therefor and openings left for that purpose, or p_rovided such connection may be made by use of cold water connections to a domestic water heater or provided it is not necessary to rearrange, make any extensions or alterations of, or addition to, any pipe, fixture or plumbing connected with the water system except to connect the water softener. in the application for a license: partnership, association or corporation, the name and address of such partnership, association or corporation; addresses of all parties; if the applicant is an associati'on or a corporation, the names and business andhome addresses of the majority of the owners thereof; and .. Sec. 25. Application for License. The applicant shall state the following (a) His name and business and home address, or, if the applicant is a (b) If the applicant is a partnership, the names and business and home (c) Sec. 26. this ordinance shall be $10.00. Sec. 27. License Procedure and Control; Penalties; Licen'se Period. The provision"s of Ordinance No. 20 of the Village, including the penalty prbvisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses, except that licenses and renewals thereof shall be granted or denied by the Plumbing Inspector, and every license hereunder shall expire on the 1st day of January next following . filtering equipment shall be effective until the licensee shall have executed and deposited with the Village Clerk a bond in the penal sum of $2,000, with corporate surety approved by the Village blanager, which bond shall be conditioned that the applicant will save the Village hannless from all actions or damages arising from his making connections, repairs and installations of water softening devices of any kind, and that he will pay all permit fees and penalties imposed upon him, ahd will reimburse the Village for any expense which it may incur in completing, reconstructing or repairing any faulty or incomplete work done or to be done by him. work to be done under the license during the period from the'date o3T is'suance to the date of expiration of the license. A description of the experience of each person named in the application in connecting water softening equipment. t License Fee. 'The annual licenserfee for the li'cense required by I Sec. 28. Surety Bond. No license for installation of water soft'ening and The bond shall apply to all Part 7. Water Softening and Filtering Equipment Installation Standards and Permits Sec. 29. Permits; Fee. No water softening devices shall be installed or connected to any water pipe or main unless a pennit for such installation or connection has been issued by the Plumbing Inspector. The fee for each permit shall be $3.00. installation under Part 6 of this ordinance. *When a permit has been is'sued for such an installation or connection, no additional permit shall be required for subsequent interchange of water softening devices or units using the same water pipe connection with no additional cutting of the water pipe. devices to any private residence water distribution system shall be made so as to comply with Part 2 of this ordinance. No such permit shall be issued to any person not authorized tomake such I Sec. 30. Regulations. All installations and connections of water softening - See. 31. Type of Copper Tubing Required. Any such connection, if made with copper tubing, shall use only type llL1l copper conforming tb A.S.T.M. "Standard Seecificati'ons for Copper Water Tubes ,It serial designation B88-55 said code of specifications mabked ltOfficial Copy" have been filed for use and examination by the public in the office,of the Village Clerk, and are incorporated into this ordinance by reference, to the extent reference thereto is m'ade above. Th&e copies of 8/15/66 Part 8. Enforcement and Inspection; Penalties, . . Sec. 32, Inspection, All work for which a permit is required by this ordinance shall be subject to inspection by the Plumbing Inspector or his deputy, who shall be permitted access for purposes of inspection at all reasonable times by the owner. or occupant of the premises $here the work is to be or is being done, and by the person doing the work, ' the provisions of this ordinance. ** Sec, 33, Violations to be Reported, The Plumbing Inspector of the Village shall notify the Village Manager or his deputy of any violation of any of 1. Sec. 34. Penalty, Any person Violating this ordinance shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the Village or county jail €or a period of not exceeding 90 days, with costs of prosecution in either case to be added, Such penalty may be imposed in addition to revocation or suspension of license. - Part 9 b Transitory Provisions Sec. 35, The following ordinances of the Village are hereby repealed: Ordinances Nos. 66A, 67A, 68, 69-and 70, and publication. Sec, 36. This ordinance shall be in full force and ef€ect upon its passage Motion for adoption of the Ordinance was there were five ayes and'no nays, and the Tupa and on rollcall ORDINANCE NO. 71A GRANTED FIRST READING, Hr. Hyde presented Ordinance No+ 71A which controls sale of cigarettes for first reading, Trustee Johnson questioned the fact that the Village Manager was granted authorisy to recommend denial or suspension of a license and was told that the matter can be appealed to Council. VanValkenburg-ogfered Ordinance No, 71A for first reading as follows: Whereupon, Trustee ORDINANCE NO; 71A.d AN ORDINIMCE LICENSING AND REGULATING THE SALE OF CIGARETTES, INCLUDING SALES BY VENDING MACHINES, AND IMPOSING A PENALTY; REPEALING ORDINANCE NO, 71 THE VILLAGE COUNCIL OF THE VILLAGE OF EDLNA, MINNESOTA, ORDAINS: 1 Section 1, License Required, No person shall keep cigarettes for retail sale or sell cigarettes at retail, or maintain a vending machine €or the sale of cigarettes, unless he shall have in effect a valid license to do so obtained from the Village. Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to a11 licenses required by this ordinance and to the holders of such licenses. Sec, 3. Applications, The applicant shall state the following in the application for a License: (a) His name and business and home addresses, or8 if the applicant is a partnership, association or corporation, the name and address of such partnership, association or corporation, addresses of all partners; if the applicant is an association or a corporation, the names and business and home addresses of the majority of the owners thereof; be conducted; and vequired by Section 8 .of said Ordinance No. 20. for sales made in person, and $12b00 for each vending machine, When the license will expire within 11 months or less from date of issue, the fee shall be reduced to $1.00 for each month or portion of a month the license will be in effect. Sec, 2, License Procedure and Control; Penalties. The provisions of (b) If the applicant is a partnership, the names and business and home (c) (d) Sec. 4, License Fee, The license fee shall be $12.00 €or each location The location or locations where the sale of cigarettes is proposed to If the application is for a vending machine license, the information - See, 5, Rules and Regulations. (a) No license shall be issued for the sale of cigarettes at a movable place of business. any cigarette to any person under the age of 18 years. morphine, j imsm weed, bella donna, strychnia, cocaine, marijuana, or any other deleterious or poisonous drug except nicotine, notify the Village Manager or his deputy of any violation of any of the provisions of this ordinance. (b) (c) No person shall sell, or permit any vending machine to be used to sell, No person shall sell or keep for sale any cigarette-containing opium, .I Sec. 06. Violations to be Reported, The Chief of Police or his deputy shall 876 // 8/15/66 J Sec, 7, Penalty. Any person violating this ordinance shall be guilty of Such penalty may be imposed in addition to suspension a misdemeanor, and subject-to a fine of not exceeding $100 or imprisonment in the Village or county jail for a period of not exceeding 90 days, with costs of prasecution in either case to be added. or revocation of license, or impounding of a vending machine or machines. upon this ordinance becoming effective; provided, that licenses issued thereunder shall not be invalidated thereby. publication, plotion for first reading of Ordinance No, 7XA was seconded by Trustee Tupa and on' rollcall there were four ayes and no nays; Trustee Johnson abstaining. ORDINANCE NO, 82A GRANTEI) FIRST READING. kl~. SIyde Presented Ordinance No, 82A which codifies the Civil Defense Ordinance to conform with changes in State law. VanValkenburg then offered Ordinance No, 82A for first reading as follows: Sec. 8, Ordinance No. 71 of the Village is hereby rescinded and repealed Sec. 9. This ordinance shall be eff'ective &mediately upon its passage and Trustee ORDINANCE NO. 82A AN ORDINANCE PROVIDING €OR CIVIL DEFENSE AND FOR PROTECTION AND PROMOTION OF PUBLIC SAFETY, HEALTH,. AND WELFARE IN THE VIGLAGE OF EDINA DURING CIVIL DEFENSE EMERGENCIES AND PROVIDING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS: Section 1. Policy and Purpose. Subdivision 1, Because of the existing and increasing possibility of the occurrence of disasters of unprecedented size and destructiveness resulting from enemy attack, sabotage, or other hostile action, or from fire, flood, earthquate or other natural causes, and in order to insure that preparations of this Village will be adequate to deal with such disasters, and generally, to provide for the common defense and to protect the public peace, health, and aafety, and to preserve the lives and property of the people of this Village, it is hereby found and declared to be necessary: (a) To establish a local organization for civil defense; emergencies ; To provide for the rendering of mutual aid between this Village and other political subdivisions of this state and of other states with respect to the carrying out of civil defense functions. (b) To provide for the exercise of necessary powers during civil defense (c) I Subdivision 2, It is further declared to be the purpose of this ordinance and the policy ofthe Village that all civil defense functions of this Village be coordinated to the maximum extent practicable with the comparable functions of the federal government, of this state, and of other states and localities, and of private agencies of every type, to the end that the most effective preparations and use may be made of the nation's manpower, resources, and facilities for dealing with any dis- aster that may occur6 Section 2, Definitions, . .. Subdivision 1, Wivil defense" means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize and repair injury and damage resulting from disasters caused by enemy attack, sabotage, or natural causes. limitation, fire-fighting services, police services, medical health services, rescue, engineering, air-raid warning services, communications, radiological,. chemical and other special weapons, defense, services, emergency transpor;t;ation, existing or properly assigned functions of plant protection, temporary restoration of public utility services, and other functions related to civilian protection, together with all other activities necessary or incidental to preparation for and carrying out of, the foregoing $junctions. "Civil defense emergency" means an emergency declared by the governor under Minnesota Statutes, S2 ction 12.31, or an emergency proclaimed by the Mayor under Section 6 of this ordinance. Village and any other volunteer or paid miember of the local civil defense agency engaged in Garrying on civil defense functions in accordance with the provisions Qf this ordinance or any rule or order thereunder, These functions include, without evacuation of persons from stricken areas, emergencywelfare Subdivision 2, Subdivision 3. "Civil defense forces" means any personnel employed by the Section 3. stablishment of Civil Defense &e;ency. Subdivision 1, There'is hereby created within the Village government a civil -- ~ defense agency, which shall be under the shpervision and control of a director of civil defense, hereinafter called the director. the Mayor for an indefinite term and may-be removed by him at any time, , The director may be compensated at a rate to be determined by the Village Council and he shall be paid his necessary expenses, organization, administration and operation of the civil defense agency, subject to the direction and control of the Nayor. The director shall be appointed by The director shall have direct responsibility for the The civil defense agency shall be organized 8/15/66+ m 30 I into such divisions and bureaus, consistent with state and local civil defense plans, as the director deems necessary to provide for the efficient performance of local civil defense €unctions during a civil defense emergency. perform civil defense functions within the Village and in addition shall conduct such functions outside the Village as may be required pursuant to the provisions of the Minnesota Civil De€ense Act of 1951, as amended, or this ordinance. The civil defense agency shall Section 4. Powers and Duties of the Director. Subdivision 1. The director, with the consent of the Mayor, shall represent the -- Village on any regional or state organization for civil defense. He shall-develop proposed mutual aid agreements with other political subdivisions within 6P outside the state for reciprocal civil defense aid and assistance in a civil defense emergency too great to be dealth with unassisted, and he shall present such agreements to the Council €or its action. plan, and during a civil defense emergency, it shall be the duty of the civil defense agency and civil defense forces to render assistance in accordance with the provisions of such mutual aid arrangements. of another state shall be sub$ect to the approval of the governor. Such arrangements shall be consistent with the state civil defense Any mutual aid arrangement with a political subdivision Subdivision 2. The director shall make such studies and surveys of the manpower, 'industries resources, and facilities of the Village as he deems necessary to determine their adequacy for civil.defense and to plan for their most efficient use in time of a civil defense emergency. Subdivision 3. civil defense of the Village and shall present such plan to the Council for its approval. When the Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all civil defense forces of the Village to perfomn the duties and functions assigned by the plan as approved. time to time, The director shall coordinate the civil defense activities of the Village to the end thatthey shall be consistent and fully integrated with the civil defense plan of the federal government and the state and correlated with the civil defense plans of other political subdivisions within the state. the director shall institute such training programs and public information programs and shall take all other preparatory steps, including the partial or full mobil- ization of civil defense forces in advance of actual disaster, as may be necessary to the prompt and effective operation of the Village civil defense plan in time of a civil defense emergency. He may, from time to time, conduct such practice air-raid alerts or other civil defense exercises as he may deem necessary. Subdivision 5. The director shall utilize the personnel, services, equipment , supplies and facilities of existing departments and agencies of the Village to the maximum extent practicable. The officers and personnel of all such departments and agencies shall, to the maximum extent'practicable, cooperate with and extend such services and facilities to the local civil defense agency and to the governor upon request. head of each department and agency, in cooperation with and &der tha. direction of the director, shall be responsible for the planning and progPamming of such civil defense activities as will involve the utilization of the facilities of this depart- ment or agency. The director shall, in cooperation with existing village depart- ments and agencies affected, organize, recruit, and train air-raid wardens, auxiliary police, auxiliary firemen, emergency medical personnel, and any other personnel that may be require: on a volunteer basis to carry out the civil defense plans of the village and the ,state. gggular village department or agency for civil defense emergencies , it shall be assigned to such department ox! agency for purposes of administpation and command. may dismiss any divil defense volunteer at any time and require him to surrender any equipment and --identification furnished by &he Village. Consistent with the civil de€ense plan, the director shall pro- vide and equip emergency hospitals, casualty st&tions, ambulances, canteens, evacuation *. The director shall prepare a comprehensive gerieral plan for the The plan may be modified in like manner from Subdivision 4, In accordance with the state and village civil de€ense plan, The Subdivision 6. Td the extent that such emergency personnel is recruited to augment a The director Subdivision- 7. centers, and other facilities OP conveyances for the care of injured or homeless persons. Subdivision 8, Sugdivision 9, The director shall carry out all orders, rules and regulations The director shall direct and coordinate the general operations issued by the governor with reference to civil deEense, of all local civil defense forces during a aivil defense emergency in cozifomity with controlling regulations and instructions of state civil defense authorities. heads of departments and agencies shall be governed by his orders in respect thereto. Consistent with the civil defense plan, the director shall pro- vide and equip at some suitable place in the Village a control center and, if required by the state civil defense plan, an auxiliary control center to be used during a civil defense emergency as headquarters for direction and coordination of civil defense €orces. ments and agencies, public utilities and other agencies authorized by federal or state authority to carry on civil defense activities during a civil defense emergency,. He shall arrange for the installation at the control center of necessary facilities €or communication with and between heads of civil defense divisions, the stations and operating units of municipal services and other agencies concerned with civil defense and for communication with other communities and control centers within the sur- rounding area and with the federal and state agencies concerned. The Subdivision LO. He shall arrange for representation at the control center by municipal depart- Subdivision 11. During legislature is in session or the first 30 the governor days of a civil defense emergency, if the has coupled his declaration of the emergency with a call for a special ses'sion-of the legislature, the director, when necessary to save life or property, may require any person, except members of the federal or state military forces and officers of the state or any other political subdivision, to perform services for civil 'defense purposes as he directs, and he may commandeer, for the time being, any motor vehicle, tools, applisnces or any other property, subject to the owner's right to just compensation *as provided by law. Section 5. General Provisions on Civil Defense Workers. No person shall be employed or associated in any capacity in the civil defense agency who advocates or has advocated a change by force or violence in the constitutional form of government of the United States or of this state, or the over- throw of any government in the United States by force of violence, or who has been convicted of or in under indictment or information charging any subversive act against the United States. agency shall, before entering upon his duties, take ari oath in writing before a person authorized td administer oaths in this state, or before any officer of the state department of civil defense, the director, or ground observe? corps supervisor.. The oath shall be substantially in the form prescribed by Minnesota Statutes, Section 12.88. case of a civil defense emergency or a natural disaster for which the regular munici- pal forces are inadequate, or for necessary training and preparation for such emergencies. All volunteers shall serve without compensation. Each civil defense volunteer shall be provided with such suit- able insignia or other identification as mzy be required by the director. Such identification shall be in a form and style approved by the federal govefnment. No volunteer shall exercise any authority over the persons or property of others without his identification. No person except an authorized volunteer shall use the identk- fication of a volunteer or otherwise represent himself to be an authorized volunteer. Subdivision 4. No civil defense volunteer sahll carry any firearm while on duty except on written order of the chief of the police department. Subdivision 5. Personnel procedures of the Village applicable to regular employees shall not apply to volunteer civil defense workers but shall apply to paid employees of the civil defense agency. Subdivision 1. I Each person who is appointed to serve in the civil defe&e Subdivision 2. Civil defense volunteers shall be called'into service only in Subdivision 3. Section 6. Emergency Regulation. Subdivision 1. When used in this section, the term "civil defense emergency'* includes, in addition to the meaning given in Section 2, Subdivision 2, disasters caused by fire, flood, windstorm or other natural causes. pare fo? such an emergency for which adequate regulations have not been adopted by the governor or the Village Council, the Mayor may by proclamation promulgate regu- lations, oonpBstent with applicable federal or state laws or regulations, respecting: protection against air-raids; the sounding of air-raid alarms; the repair, maintenance, and safeguarding of essential public services;'emergency health, fire,"and safety regulations, trial drills or practice periods required for preliminary training; and all other matters which are required to protect public safety, health, and welfare in civil defense emergencies. air attack, alarms, or illumination during air attacks shall be adopted or take effect 'unless approved by the state director of civil defense. Subdivision 3. Every proclamation of emergency regulations shall be in writing and signed by the Mayor, shall be dated, shall refer to the particular civil defense emergency to which is pertains, if so limited, and shall be filed in the office of the Village Clerk, where a copy'shall be kept posted and available for public inspec- tion during business hours. availability for inspection at the Clerk's office shall be conspicuously posted at the front of the Village Hall and at such other places in the affected area as the $layor shall designate in the proclamation. immediately or at such later time as may be specified in the proclamation. By like proclamation the Mayor may modify or rescind any such regulation. Subdivision 4. The Village Council may rescind any such regulation by reso- lution at any time. If no sooner rescinded, every such regulation shall expire at the end of 30 days after its effective date or at the end of the civil defense emergency to which it relates, whichever occurs first. Any ordinance, rule or regulation inconsistent with an emergency regulation promulgated by the Mayor shall be suspended during the period of time and to the extent that such conflict exists. charter provision to the contrary, empowered, through its governing body acting within or without the corporate limits of the Village, to enter into contracts and incur"ob1igations necessary to combat such disaster by protecting the health and safety of persons and property, and providing emergency assistance to the victims of such disaster. Subdivision 2. Whenever necessary to meet a civil defense emergency or to pre- No regulation governing observation of enemy aircraft, Notice of the existence of such regulation and its Thereupon the regulation shall take effect . During a civil defense emergency the Village is, notwithstanding any statutory or The Villge may exercise.such powers in the light of the exigencies of the disaster without compliance with time-consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering into 8/15/66 contracts, incurring of obligations, employment of temporary workers, rental of equipment, purchase of supplies and materials, Limitations upon tax levies, and the appropriation and expenditure of public funds including, but not limited to, publication of ordinances and resolutions; publication of calls for bids, provisions of civil service laws and rules, provisions relating to low bids, and requirements for budget S . ASection 7. Civil Defense Agency Procedure. Subdivision 1. There is hereby established in the village treasury a special fund to be known as the civil defense fund, of taxes levied for civil defense, money transferred from other €unds, gi€ts and other revenues of the civil defense agency. operation and maintenance of the civil defense agency and other expenditures for civil defense, procedures of the village shall apply to the civil defense fund insofar as practicable; but budgeting requirements and other financial, procedures shall not apply to expenditures from the fund in any case when their application will prevent compliance with terms and conditions of a federal or state grant of money or pwperty €or civil defense purposes. -The director shall, as soon as possible after the end*of each fiscal year, prepare and present to the Village Council for the information of the Council and the public, a comprehensive report of the activities of the civil defense agency during the year. Section 8. Conformity and Cooperation With Federal and State Authority. federal and state authorities and with authorized agencies engaged, in, civil defense and emergency measures to the fullest possible extent consistent with the performance of their other duties. thereunder shall be subject to all app1icabJ.e and controlling provisions of federal and state laws and of regulations and orders issued,thereunder and-shall be deemed to be suspended and inoperative so far as there is any conflict therewith. holding a position in any agency created under federal or state authority for civil defense purposes as a special policeman of the Village, with such police powers and duties within the Village incident to the functions of his position, not exceeding those of a regular policeman of the Village, as may be prescribed in the appointment. Every such policeman shall be subject to the supervision and control of the chief of police and such other police officers of the Village as the chief may designate. Section 9. Participation in Labor Dispute or Politics Into this fund shall be placed the proceeds From it shall be made expenditures for the Regular accounting, disbursement, purchasing, budgeting and other financial Subdivision 2. Subdivision 1, Every officer and agency of the Village shall cooperate with The provisions of this ordinance and of all regulations made Subdivision 2. The Village Chief of Police may appoint any qualified person The civil defense agency shall not participate in any form of political activity nor shall it be employed directly-ob indirectly for political purppses, nor shall it be employed in a legitimate labor dispute. Section 101 Penalty. Any pemon who violates any provision of this ordinance or of any regulation adopted thereunder relating to acts, omissions, or conduct other than official acts of village of€icers or employees is guilty of a misdemeanor, and upon conviction may be punished by a fine of not more than $100 Qr by imprisonment for not more than .go days. Section 11. Repeal . Civil Defense and for Protection and Promotion of Public Safety, Health and Welfare in the Village of Edina during Civil Defense Emergencies" is hereby repealed, Ordinance No. 82, dated April 20, 1953, and entitled !'An Ordinance Providing for Section 12, Effective Date, This ordinance shall take effect upon its passage and publication. Motion for first reading of Ordinance No, 82A was seconded by Trustee Tupa and on rollcall there were four ayes and no nays, Trustee Johnson abstaining. ORDINANCE-NO. 150-1 GRANTED FIRST READING. which regulates possession, purchase or delivery of barbiturates or other prohibited drugs, whereupon Trustee VanValkenbuig of€ered Ordinance No. 150-1 for first reading as €allows: Mr. Hyde presented Ordinance No. 150-1 ORDINANCE NO. 150-1 AN ORDINANCE REGULATING THE POSSESSION AND PURCHASE OR DELIVERY OF BARBITURATES AND OTHER PROHIBITED DRUGS, AND PROVIDING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. Subdivision 1. Prohibited Drug. As used herein the term "prohibited drug" means: 8/15/66 (a) Barbital and any derivative thereof; including but not limited to the following: derivative of barbituric acid; varonal (barbitone) ; proponal , ipral; dial ; neonal (soneryl) ; sandoptal; amytal; phenobarbital (luminal) ; phandorn; noctal; allonal (which contains allylisopropyl-barbituric acid in combination with amidopyrine) medianl; or any preparation, mixture or other substance ContAining any of the foregoing substances. (b) limited to such substances as -follo~~s : pipradol, phenmetrazine, methylphenidate or any salt mixture or optical isomer thereof which salt mixture or optical isomer has a stimulating effect on the central nervous diethylbarbituric acid; any alkyl, aryl, metallic or halogenated Amphetamine and any derivatives thereof including but not desoxyephedrine (methamphetamine 1 mephentermine , system . (Librium) ; Diazepham (Valium) ; Ethchlorvynol (Placidyl) ; Ethinamate (Valmid) ; Glutethi- mide (Doriden) ; Meprobamate (Miltown , Equanil, Meprospan , Meprotabs) ; Methyprylon (Noludar); Paraldehyde. exchange, administering, dispensing, giving away, distributing, or supplying in any other manner. acts as well as the actual. completed commission thereof. individual for whom a prohibited drug is preseribed or to whom aprohibited drug is administered, or (b) the owner or agent of the owner of any animal for which a prohibited drug is prescribed or to which a prohibited drug is administered, Subd. 4. Person. - The tern "person'' includes individual, corporation, partnership, and association. Subd. 5. Practitioner. The term ttpractitionertt means a person licensed by law to prescribe and administer any of the proMbited drugs as defined above. Subd. 6. Pharmacist. The term ftpharmacisttt means c person duly licensed and registered with the Minnesota State Board of Pharmacy as a registered pharmacist. Subd. 7. Prescription, The term llprescription" means a written or oral order by a practitioner to a pharmacist for a prohibited drug or stimulant for'a particular patient, which specified the date of its issue, the name and address of such practitioner, the name and address of the patient (and, if such barbiturate or stimulant is prescribed for an animal, the species of such animal), the name and quantity of the prohibited drug prescribed, the directions for use of such drug, and in-the case of a written order the signature of such practitioner. An oral order by a practitioner for a prohibited drug must be promptly Educed to writing by the pharmacist . pharmacists who prepare drugs in dosage forms by mixing, compounding, encapsulating, entableting, or other process. the business of distributing prohibited drugs topersons included in any of the classes named in Section 3 hereof.. prohibited drugs for others and who have no control over the disposition of such prohibited drugs or stimulants except for the purpose of such storage. Unlawful, Possession, Delivery or Purchase. person to have in possession, purchase, or to deliver as herein defined any prohibited drug as defined in Section 1 hereof, except on a lawful prescription by a pracCitioner. (c) Chloral Hydrate (Chloral); Chlordiazepoxide and its salts Subd. 2. Deliver. The term ltde1ivertr means sale, offer for sale, barter, The term ttdeliverl' as herein defined shall include the attempt to do such Subd. 3, Patient. The tern ttpatientt' means, as the case may be, (a) the Subd. 8. Nanufacturer. The term 81manufacturert1 means persons other than Subd. 9. Wholesaler. The term tlwholesalertt means persons engaged in Subd. LO. Warehouseman. The term ltwarehousemanl' means persons who store Sec, 2. It is unlawful for any Sec. 3. Excepted Lawful- Busiaesses and Professions. Section 2 of this ordinance shall not apply to the following in the ordinary course of their trade, their business, or profession provided, however, this exception-shall not be a defense to the doing of the acts prohibited in Sections 2 or 4 hereof: , 1 Practitioners Pharmacists Manufacturers Pharmacists as manufacturers Wholesalers Warehousemen Persons engaged in transporting such, prohibited drugs as agent or employee of a practitioner, ph&r?macist,.manufacturer, warehouseman, wholesaler, or common carrier. requiring possession or controL of- s%ch prohibited drugs, or persons aiding such officers or employees in the performance of such duties. of a prohibited drug in accordance with the terms of a prescription and prescribed treatment . research, teaching or.testing, and not for sale. Public officers or public employees in the performance 6f official duties Any patient as herein defined with respect to procuring, possession and use Persons who procure, possess or use such drugs for the purpose of lawful 8/15/66 . Lawfully licensed and registered hospitals or bonafide institutions wherein sick or injured persons are cared for and treated, or by bona fide hospitals for the treat- ment of animals. Sec. 4. .Unlawful Procuring, Purchase, Delivery or Possession. No person shall possess or have in his control or possession or purchase, or deliver a prohibited drug, or attempt to do so, by fraud, deceit, misrepresentation or subterfuge, or by the forgery or alteration of a prescription, or by the concealment of a material fact, or by the use of a false name or the giving of a false address, or by making a false statement in any prescription, order, report, or record relative to a prohibited drug, or by falsely assumin" the title of, or falsely representing any person to be, a manufacturer, wholesaler, warehouseman, pharmacist, practitioner, or other person described in Section 1 hereof, . or by making, issuing or uttering any false or forged prescription. drugs found in the possession of any person convicted of a violation of this ordinance shall be confiscated and shall be forfeited to the Chief of Police, who shall make proper and timely disposition thereof by destroying them. possession of any prohibited drugs, by lawful prescription of practitioner while such prohibited drugs are lawfully in such person's possession, shall keep such prohibited drugs in the original container in which they were delivered until used in accordance with such prescription, and shall not remove the pharmacist's original label identifying the prescription from such original container. Sec. 7. Penalty. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100 or by imprisonment for not to exceed 90 days. . Sec. 5. Confiscation and Disposition of ProhTbited Drugs. Any prohibited Sec. 6. Use of Original Containers and Labels Required. All patients having I a k u Sec. 8. This ordinance shall take effect fifteen days after its publication, Motion for first reading of Ordinance No. 150-1 was seconded by Trustee Tupa and on roll- call there were four ayes and no nays, Trustee Johnson abstaining. ORDINANCE NO. 150-2 GRANTED FIRST READING. ,MP. Hyde presented Ordinance No. L50-2 which regulates the sale and possession .of codeine, whereupon Trustee VanValkenburg offered Ordinance No. 150-2 for first reading as follows: ORDINANCE NO. 150-2 AN ORDINANCE REGULATICNG THE SALE AND POSSESSION OF CODEINE AND PROVIDING A PENALTY. - THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN; Section 1. Sales, etc. of Codeine Prohibited, and Exception. No person shall administer, dispense, sell, barter, exchange or offer for sale, give away, distribute, deliver, or supply in any manner, or in any manner provide codeine or any of its salts to any person except pursuant to a lawful prescription issued by a practitioner duly licensed under the laws of the State of Minnesota. Sec. 2. Purchase and Possession Prohibited, and Exception. No person shall purchase or have in his possession codeine or any of its salts, except pursuant to a lawful prescription issued by a practit4oner duly licensed under the laws of the State of Minnesota. be guilty of a misdemeanor and upon-conviction shall be punished by a fine of not more than $100 Qr. by imprisonment for not to exceed 90 days. Sec. 3. Penalty. Any person violating the provisions of this ordinance shall Sec. 4. This ordinance shall take effect fifteen days after its publication. Motion for first reading of Ordinance No. 150-2 was seconded by Trustee Tupa and on rollcall there were four ayes and no nays, Trustee Johnson abstaining. ORDINANCE NO. 150-3 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 150-3 which controls the inhaling, breathing or drinking of certain substances and regulates the purchase, sale and possession thereof. Whereupon Trustee VanValkenburg offered Ordinance No. 150-3 for first reading as follows: ORDINANCE NO. 150-3 AN ORDINANCE PROHIBITING THE INHALING, BREATHING OR DRINKING OF CERTAIN SUB- STANCES, REGULATING THE PURCHASE, SALE AND POSSESSION THEREOF, AND PROVIDING A PENALTY. THE'VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, DOES ORDAIN: No person shall inhale, breathe or drink, or be or become intoxicated by reason of inhaling, breathing, or drinking any substance commonly known as glue, adhesive, cement, mucilage, dope, solvents, lacquer, drugs, fingernail polish and lacquer, nail polish remover, or thinners for the above named substances, nor any substance containing tuluol, hexane, trichlorethylene, acetone, tuluene , ethyl acetate, methyl ethel ketone , trichoroathane, isopropanol, methyl isobutyl ketone, methyl cellosolve acetate, cyclohexa- none, or any other substance which contains ketones, aldehydes, organic acetates, ether, chlorinated hydrocarbons, or any other similar ingredient which releases toxic vapors for the purpose of inducing symptoms of intoxication, elation, excitement, confusion, dizziness, paralysis, or irrational behavior, or inducing the balance, coordination or Section 1. Inhaling, Breathing, Drinking of Certain Substances ,Prohibited. 'I z the audio, visual, Sec. 2. 8/15/66 or mental processes to be changed, distorted or distrubed. Purchase, Sale or Possession Reghated. No person shall, for the purpose of violating or aiding another to violate any provision of this, ordinake -- intentionally possess, buy, sell, transfer possession, or receive possession of any substances containing the intoxicating substances defined in Section 1. products containing the intoxicating substances defined in Section 1 shall not sePl them from a self-service display. shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $100 or by imprisonment for not to exceed 90 days. Sec. 3. Self-service Display Prohibited. Retail establishments selling Sec. 4* Penalty. Any person violating the provisions of this ordinance Sec. 5. This ordinance shall take effect fifteen days after its publication. I. Motion for first reading of Ordinance No. 150-3 was seconded by Trustee Tupa and on Rollcall there were four ayes and no nays, Trustee Johnson abstaining. METROPOLITAES~SECTION,.LEAGUE OF MINNESQTA MUNICIPALITIES TO BE JOINED.. Mr. Hyde advised Council that the League of Minnesota Municipalities is attempting to form a metropolitan section. join. and how large the budget will be. are metropolitan in nature; Mr. Hyde recommended that Edina join the other municipalities which have indicated an interest in joining ,the organization, Mayor Bredesen stated that he thinks that this would be a step away from Local government and that if more effort would be put forth, Hennepin County League would be sufficiently effective. Mr. Hyde stated that the people who are backing this organization have not actively supported metropolitan government and that he feels that in this manner various problems can be solved by concerted action. might forstall the legislature creating something which would not be voluntary. Bredesen stated that the leadership of such a group would determine whether or not this would be a desirable type organization. following resolution for approval of joining the Metropolitan Section of the League of Xinnesota Municipalities as follows and moved its adoption: Twenty-three municipalities have indicated that they would Dues would be a percentage of the State League dues, depending on how many join Because he feels that many Hennepin County problems He further stated that a voluntary league such as this Mayor Trustee VanValkenburg then offered the , . .;. RESOLUTION APPROVING PARTICIPATION IN THE METROPOLITAN SECTION OF THE LEAGUE OF MINNESOTA MUNICIPALITIES. WHEREAS, the League ofvbMinnesota Municipalities has indicated its intention to organize a Metropolitan Section of the League for the purpose of furthering efforts in inter-municipal coope-ation in the Twin Cities Metropolitan Area, NOW, THEREFORE, BE IT RESOLVED that the Village of Edina will participate in this effort by joining the Metropolitan Section of the League of Minnesota Municipalities. Motion for adoption of the resolution was seconded were five ayes and,no nays and the resolution was Tupa and on rollcall there ,+--I I MORNINGSIDE MUNICIPAL BUILDING DESIGNATED AS POLLING PLACE FOR PRECINCT NO. 9. request of Clerk, Trustee Johnson offered the following resolution andmoved its Upon adoption : RESOLUTION DESIGNATING MORNINGSIDE MUNICIPAL BUILDING BE IT RESOLVED by the Edina Village Council that the Morningside Municipal Building AS POLLING PLACE FOR.PRECINCT NO. 9. be hereby designated as the official polling .place for Precinct No. 9, which precinct will represent 'the Village of Morningside after annexation. Motion for adoption was seconded by Trustee VanValkeO urg and on roll+llthere we=- i3 7Lt<UU? Village Clerk five ayes and no nays and the resolution was adopte ATTEST: i3 7Lt<UU. -, R [%4zH Pd& Mayor y Village Clerk / five ayes and no nays and the ATTEST: resolution -?-- Mayor h- I I &SSESSMENT HEARING DATE SET FOR VA'RIOUS DPROVEMENTS FOR SEPTEMBER 19, 1966. Mr. Dalen requested that hearing date be set for September 19, 1966, €or completed improvement projects, whereupon Trustee VanValkenburg offered the following resolution so that the Statute on publication might be met and hearings held on September 19, 1966, and moved its adoption: 8/15/66 I%SOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS: SANITARY SEWER IMPROVEMENT NOS. 227, 229, 230, 231, 232, 233, 236, 237, 238, 240, 241; WATERMAIN IMPROVEMENT NOS'. 120; 193, 194; ' 195, 196, -199, ZOO, 201, 203, 204, 205,; STORM SEWER IMPROVEMENT NO. 83; STREET IMPROVENENT NOS. BA-68, BA-69, BA-71, BA-72, BA-73, BA-75, BA-76 BA-77, C-88, A-1.53, A-161,. A-162; SIDEWALK IMPROVEMENT 'NO. S-4. BE IT RESOLVED by the Village Council of the Village of Edina as follows: 1. the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, pieces and parcels of land L-i-thin the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved; and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upon said proposed assessments , and the Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved; Notices being as follows: 'Ti VILLAGE OF EDINA The Clerk and Engineerlhaving calculated the proper amounts to be assessed for (OFFICIAL PUBLICATION) HENNEEIN COUNTY, MINNESOTA 2- EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, September 19, 1966, at 7:OO o'clock P.M., to hear and pass upon all objections, if any, to the proposed assessments for the above improvements, in the office of the Village Clerk and open to public inspection. These assessments are now on file m d-l a c> l;a ISONSTRUCTION OF VILLAGE STORM SEWER NO. 33 AND APPURTENANCES IN: Rear of Lot 2, Block 2, Mirror Lakes Meadow-Wood 2nd Addition east to curb line of Dundee Road (5516 and 5520 Dundee Road) The lots and tracts of land$poposed to be assessed for the cost of the above improvement are as follows : k Highwood Addition to Edina Hiihlands Mirror Lake Meadow Wood Addition Block 1, Lots 2, 3 and 4 Block 2, Lots 1, 2 and 3 I CONSTRUCTION- OF VILLkE WATERNAIN NO. 204 AND APPURTENANCES IN: On an easement line along the extension of Walnut Drive from North line of Walnut Ridge First Addition to 155 feet North; thence west parallel to and 140 feet south of the east-west 1/4 line of Section 31, Zbnnship 117, Range 21, a distance 843 feet and there terminating. On an easement line 140 feet South of and parallel to the east-west 1/4 line of Section 31, Township 117, Range 21 from a point 990 feet west of the north-south 1/4 line of said Section to a point 1325 feet west of said north-sogth line 1/4; thence northwesterly at a deflection angle to the right 34 39' 38" a distance of 230 feet; thence at a deflection angle to the left of 90 00' a discance of 120 feet and there terminating. The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows : Registered Land Survey No. 1145 Sec. 31, T. 117, R. 21 CONSTRUCTION OF VILLAGE SANITARY SEWERNO. 237 AEIJ\D APPURTENANCES IN: Parcel Numbers 1500, 6000, 7500 Parcel Numbers 846 and 851 Schaefer Road from Interlachen Blvd. to 1950 ft. South of an easement line from Interlachen Blvd. 355 ft., more or less, North. The lots and tracts of 1andIprroposed to be assessed for the cost of the above improvement are as follows : Auditors Subdivision No. 325 Mendelssohn Addition Block 1, Lots 11, 12, 13, 19, 20, 21, 22, 23, 24, 25, 27 Block 28 and part of Block 27, Parcel 7210 Wayne Terrace 'Harold Woods Addition Harold Woods 2nd Addition Block 1, Lot 1 Block 1, Lots 4 and 5 ' Block 1, Lots 1 and 2 . CONSTRUCTION OF VILLAGE WATERMAIN NO. 200 'AND APPURTENANCES IN: Schaefer Road from Interlahhen Blvd. to 1950 ft. South of an easement line from Interlachen Blvd. Blake Road fromWaterman Avenue on an easement line from Blake Road to Interlachen Blvd. Lots and tracts of land to be assessed as proposed arc Auditors Subdivision No. 325 Block 1, Lots 11, 12, 13, 14, 19, 20, 21, 22, 23, 24, 25 and 27 ~ . 1. r. . 8/15/66 Hendelssohn Addition Block 28 and part of Block 27, Parcel 7210 Wayne Terracg BlocK 1, Lot 1 Harold iloods Addition Block'l, Lots 4 and 5 Harold Woods 2nd Addition Block 1, Lots 1 and 2 CONSTRUCTION OF VILLAGE SANITARY SEWER NO. 227 AND APPURTENANCES IN: The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: East Road from Skyline Drive to Cul-de-sac Skyline Addition Lots 26 and 27 I COHSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. 229 AND APPURTENANCES IN: The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows : Pine Grove Road fromllest Highwood Drive to 795 feet east Section 29, Township 117, Range 21 The South 19 rods of S.E.% of S.S.3; - Parcel 3800 The E 2 acres of that part of the N 15 acres of N.1l.k lying S of the N 30 feet thereof, Parcel 7000 I Idylwood Sixth Addition Block 1, Lot 1, Block 2, Lots 1 thru 5 Section 32, Township 117, Range 21 .* CONSTRUCTION OF SANITARY SEVER IMPROVENENT NO. 232 AND APPURTENANCES IN: Skyline Drive from center of Cul-de-sac to 373 feet, more or less easterly and from center of Cul-de-sac southerly and southeasterly along manhole on Lochloy Drive The lots and tracts of land proposed to be assessed for the cost improvement are as folloigs : Skyline Addition Lots 13 thru 19 . CONSTRUCTION OF VATERMAIN NO. 194 AND APPURTENANCES IN: The lots and tracts of land proposed to be assessed for the cost improvement are as follows: Woodland Road from Wooddale Avenue to N. 56th Street Colonial Gmove Addition - Lots 5, 12, 13, 15 and 16 Colonial Grove Second Addition - Lots 18 thru 38 CONSTRUCTION OF IJATEWAIN INPROVEMENT NO. 195 IN: easement to existing of the above of the above I Downing Street fromllest line of Lot 6, Block 1, Edenmoor Addition extended south, east to the east line of Edenmoor Addition The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Edenmoor Addition - Lot 7 and that part of Lots 5 and 6 lying N and E of Bowning Street, Block 1; Parcel 3010 Wanner Addition - Block 1, Lots 2 and 3 CONSTRUCTION OF I.JATERELAIN NO. 199 AND APPURTENANCES IN: West 62nd Street from Tracy Ave. to 550 feet, more or less, West Arbour Avenue extended from West 62nd Street to 100 feet North. The Lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows : - Section 32, Township 117, Rance 21 - East 877 feet of the S 14 rods of Govt. Lot 1, Except Road. Parcel 5010 Countryside Addition - Block 1, Lots 1 thru 4 I CONSTRUCTION OF SANITARY SEWER NO. 230 AND APPURTENANCES IN: Cahill Road from Dewey Hill Road north 1812 feet Yosemifie Ave. from Cahill Rd. to 340: east of Cahill Rd. and 2268' north of Dewey Hill Road The lots and tracts of 1and"proposed to'be assessed for the cost of the above improvement are as follows: Sec. 8, T. 116, R. 21 - Parcel Numbers 2010, 2020, 2910, 160, 170 and 4910 hundson's Terrace - Block 1, Lots 1 and 2; Block 2, Lot 1 8/15 /6 6 J CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES NO. 236 IN: Easement line along the South 10 ft. of Lot 10, Block 1, South Garden Estates 4th Addition from Oaklawn Avenue to the East line of South Garden Estates 4th Addit ion The lots and tracts of land proposed to be assessed for the cost of the above Section 31, Township 28, Range 24: improvement are as follows: The East 1045 ft. of South 1052 68/100 ft. of SE 1/4 of NE 1/4 except highway Parcel 5410 That part of the E 3/4 of the s 1/2 of the NE 1/4 lying North of the South 1052 68/100 ft. thereof and that part of the South 1052 68/lOO ft, of the East 3/4 of South 1/2 of NE 1/4 lying West of East 1045 ft. thereof, except road Parcel 5420. CONSTRUCTION OF VILLAGE SANITARY SEWER NO. 241 AND WATERMAIN NO. 205 AND APPURTENANCES IN : Parklawn Avenue from West 76th Street to West 77th Street, The lots and tracts of land proposed to be assessed for the cost of the above improvements are as follows: Registered Land Survey No. 990: Tract C - Parcels 9010, 9022 and 9030 CONSTRUCTION OF 'VILLAGE SANITARY SEWER NO. 240 AND APPURTENANCES IN: West 69th Street from west line of Lot 1, Block 2, Southdale Plaza to York Ave, York Avenue from West 69th Street to 1730 feet North The lots and tracts of land proposed to be assessed €or the cost of the above Registered Land Survey No. 1171: improvement are as follows: Tract E, Parcel No. 7500 Tract F, Parcels 3200 and 3610 CONSTRUCTION OF VILLAGE WATERMAIN NO. 203 AND APPURTENANCES IN: West 69th Street from east line of Outlot 2, Southdale Plaza to York.:Avenue York Avenue from West 69th Street to West 66th Street and Xerxes Avenue The lots and tracts of land proposed to be assessed for the cost of the above Registered Land Survey No. 629: Registered Land Survey No. 203: improvement are as follows: Tract F, Parcels Nos. 3200 and 3610 Tract E, Parcel No. 7500 CONSTRUCTION OF VILLAGE SANITARY SEWER NO. 238 AND APPURTENANCES IN: Parklawn Avenue from the east line of Bertelsen Addition to the east line of Tract A, R.L.S. kc1129 The lots and tracts of land proposed to be assessed for the cost of the above Registered Land Survey No. 1129: improvement. are as follows: Tract A, Parcel 400 Tract B, Parcel 800 CONSTRUCTION OF VILLAGE WATERMAIN NO. 201- AND APPURTENANCES IN: Parklawn Avenue from east line of Bertelsen Addition to East line of Tract A, R.L.S. #1129 The lots and tracts of land proposed to be assessed for the cost of the above Registered Land Survey No. 1129: Tract A, Parcel No. 400 Tract B, Parcel No. 800 improvement are as follows: CONSTRUCTION OF VILLAGE WATERMAIN NO. 190 AND APPURTENANCES IN: Cahill Road from Dewey Hill Road to 1792 feet north Yosemite Avenue from Cahill Road to West 70th Street The lots and tracts of land proposed to be assessed for the cost of the above Amundson's Terrace: Sec..8, T. 116, R. 21: improvement are as follows: Block 2, Lot 1 Parcels Nos. 2010, 2020, 160, 170, 4910 CONSTRUCTION OF STREET IMPROVEMENT NO. BA-69 AND APPURTENANCES IN: York Avenue from Heritage Drive south to cul-de-sac West 64th Street from Xerxes Avenue to York Avenue 8/15 16 6 The lots proposed to be assessed for the cost of the above improvement are as Cassin's Replat: follows : Block 1, Lots 1, 2 and 3 Block 2, Lots 1 through 9 Xerxes Avenue Addition: Block 1, Lot 6 Block 2, Lot 1 Town Realty's Edina Terrace, Third Addition: Block 2, Lot 1 Sec. 29, T. 28, R. 24: Parcel 7600 CONSTRUCTION OF STREET IMPROVEMENT NO, BA-71 AND APPURTENANCES IN: France Ave. from the Crosstown Highway to W. 66th Street The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Southdale Office Park: Southdale Office Park, Second Addition: Block 1, Lot 1 Block I, Lots 1, 2 and 3 Block 2, Lots 1 and 2, Parts of Lot 3 and Lot 4 Cassin's Outlots: Parcels No, 510, 100, 1500, 2100, 2200, 2500, 3000, 3500, 4015, 4024, 4033, 4040, 4050, 5020 CONSTRUCTION OF STFGET IMPROVEMENT NO. BA-72 AND APPURTENANCES IN: West 65th Street from France Ave. to Barrie Road Drew Ave. from W, 65th St. south to north line of Lot 2, Block 4, Southdale Acres The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Southdale Acres: Block 1, Lot 1 Block 4, Lots 3, 4 and 5 Parcels No. 510, 4033, 4040, 4050, 5020 Cassin's Outlots: - CONSTRUCTION OF STREET IMPROVEMENT NO. BA-73 AND APPURTENANCES IN: St. Patricks Lane from Valley View Road south to cul-de-sac The lots and tracts of land proposed to be assessed for the cost of the above Elm View First Addition: Auditor's Subdivision No. 196: mentioned improvement are as follows: Block 1, Lots 1, 3, 4, 5, 6, 7, 8, 9, 10 and 11 Parcel No. 9935 CONSTRUCTION OF STREET IMPROVEMENT NO, BA-75 AND APPURTENANCES IN: West 53rd St. from U.S. Highway #169-212 west to the west line of Replat of Part of Grandview Plateau The lots and tracts of land proposed to be assessed for the cost of the above mentioned iqvement are as follows: Sec. 28, T. 117, R. 21: Replat of Part of Grandview Plateau: Grandview Plateau: Parcel 5400 Block 1, Lot 6 Block 1, Lot 12 CONSTRUCTION OF STREET IMPROVEMENT NO BA-76 AND APPURTENANCES IN: Wilryan Ave, from W. 64th St. to the south line of Lot 5, Block 3, Nomandale Second Addition. The lots and tracts of land proposed to be assessed for the cost of the above mentioned improvement are as follows: Normandale Second Addition: Block 2, Lots 16 through 25 Block 3, Lots 6 through 15 CONSTRUCTION OF STREET IMPROVEMENT NO BA-77 AND APPURTENANCES XN: Schey Drive from Dewey Hill Road north to Gleason Road The lots and tracts of land proposed to be assessed for the cost of the above Schey's Park View Third Addition: mentioned improvement are as follows: Block 2, Lots 1 and Lots 10 through 17 Block 3, Lots 1 through 7 Block 1, Lot 2 Schey's Park View: 8/15 /6 6 8893 CONSTRUCTION OF STREET IMPROVEMENT NO, BA-68 AND APPURTENANCES IN: Edina Industrial Blvd. from W. 78th St. to Nine Mile Creek W, 76th St. from Bush Lake Road to Metro Blvd, W. 74th St. from Bush Lake Road to Metro Blvd. Bush Lake Road from Edina Industrial Blvd. to W. 74th St, . Metro Blvd. from Edina Industrial Blvd. to Highway #199 The lots and tracts of land proposed to be assessed for the cost of the above Edina Interchange Center: mentioned improvement are as follows: Block 1, Lots 1 through 7 Block 2, Lots 1 through 5 Block 3, Lots 2 through 11 Block 5, Lots 1 through 13 Block 6, Lots 1 through 7 Block 7, Lots 1 through 14 Block 8, Lots 1 through 10 Assessments for the above improvements will be payable in ten equal consecutive annual installments over a period of ten years, with first year payable with the taxes for the year 1966 collectible in 1967, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1967. one year on all unpaid installments. To each subsequent installment will be added interest at the same rate for CONSTRUCTION OF VILLAGE SANITARY SEWER NO. 233 AND APPURTENANCES IN: On proposed street from Cooper Avenue to 400 feet west in preliminary plat of that part of the SE 1/4 of the NE 1/4 of Sec. 29, T. 117, R, 21, lying west of Cooper Ave. and between Hilldale and Brum's Subdivision, to existing sanitary sewer on west line of above property. The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Cooper Addition: Block 1, Lots 7 and 8 West on easement line CONSTRUCTION OF VILLAGE WATERMAIN NO. 196 AND APPURTENANCES IN: On proposed street from Cooper Ave, to 400 feet west in preliminary plat of that part ofthe SE 1/4 of the NE 1/4 of Sec, 29, T. 117, R. 21, lying west of Cooper Avenue and between Hilldale and Brum's subdivision, The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Cooper Addition: Block 1, Lots 2 through 8 CONSTRUCTION OF VILLAGE SANITARY SEWR NO, 231 AND APPURTENANCES IN: Balder Lane from Gleason Road to Scandia Road and Scandia Road to Nordic Road to Creek Valley Road The lots and tracts of land proposed to be assessed for the cost of the above Valley Estates: improvement are as follows: Block 1, Lots 9 through 14 Block 2, Lots 1 through 20 Block 3, Lots 12 through 42 CONSTRUCTION OF VILLAGE WATERMAIN NO, 193 AND APPURTENANCES IN: Creek Valley Road from Gleason Road to Nordic Road; Balder Lane from Gleason Road to Scandia Road and southwesterly along easement to Gleason Road; Scandia Road to Nordic Road from Creek Valley Road to Creek Valley Road. The lots and tracts of land proposed to be assessed for the cost of the above Valley Estates: improvement are as follows : Block 1, Lots 1 through 15 Block 2, Lots 1 through 20 Block 3, Lots 11 through 42 CONSTRUCTION OF VILLAGE STFGET 'IMPROVEMENT NO. (2-88 (GRADE AND GRAVEL) IN: Balder Lane from Gleason Road to Scandia Road; Scandia Road from Nordic Road from Creek Valley Road to Creek Valley Road; Creek Valley Road from Gleason Road to east line of Valley Estates Addition. The lots and tracts of land proposed to be assessed for the cost of the above Valley Estates: improvement are as follows: Block 1, Lots 1 through 15 Block 2, Lots 1 through 20 Block 3, Lots 11 through 42 Auditor's Subdivision No. 196: Lot 26, Parcel 6200 888 / 8/15/66 J Assessments for the.above improvements will be payable in three equal consecutive annual installments over a period of three years, with first year payable with the taxes for the gear 1966 collectible in 1967, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1967. To each subsequent installment will be added interest at the same rate for one -year on all unpaid installments. CONSTRUCTION OF STREET IMPROVEMENT NO. A-158 AND APPURTENANCES IN: Halifax Lane from North line of Colonial Grove Third Addition to Woodland Circle. The lots and tracts of land proposed to be assessed fop the cost of the above Colonial Grove Third Addition: improvement are as follows: Block 1, Lot 1 Block 2, Lot 1 CONSTRUCTION OF STREET IMPROVEMENT NO, A-161 AND APPURTENANCES IN: Alley, west 14 feet of all lots in Block 1, Xerxes Avenue Addition The lots and tracts of land proposed to be assessed for the cost of the above Xerxes Avenue Addition: improvement are as follows: Block 1, Lots 1 through 6 - CONSTRUCTION OF STREET IBPROVEMENT NO. A-162 AND APPURTENANCES IN: Indian Hills Road from Indian Hills Pass to west line of Indian Hills Addition Hohawk Trail from West Trail to Indian, Hills Road Dakota Trail from south line of Indian Hills Addition to Indian Hills Road Indian Hills Road from Navaho Trail to Cherokee Trail Blackfoot Pass from Cheyenne Trail to Indian Hills Road Indian Hills Circle from Indian Hills Road to cul-de-sac The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Indian Hills Addition: &eyenne Trail from south line of Indian Hills Addition to Indian Hills Road Block 1, Lots lthrough 5 and Lots 9 and 10 Block 2, Lots 3 through 10 Block 3, Lots 1 through 7 Block 4, Lots I, 2 and 3 Block 5, Lots 2 through 10 and Lots 12 through 19 * Block 6, Lots 1 through 6 Block 7, Lots 2 through 6 Block 8, Lots 1 through 7 Block 9, Lot 1 Block 10, Lots 1 and 2 Block 1, Lots 1, 2 and 3 Parcel No. 2000 Indian Hills Addition , Thompson Replat : Auditor' s Subdivision No. 196: CONSTRUCTION OF SIDEWALK IMPROVEMENT NO, S-4 AND APPURTENANCES IN: North side of W. 65th St. from east side of Fairview Hospital Power House west to the main hospital parking lot entrance The lots and tracts of land proposed to be assessed for the cost of the above improvement are as follows: Cassin's Outlots: Parcel No. 4040 Assessments for Street Improvement Nos. A-158 and A-161 and Sidewalk Improvement No. S-4 above mentioned will be payable in five equal consecutive annual installments over a period of five years and Street Improvement No. A-162 above mentioned will be payable in two equal consecutive annual installments over a period of two years, the first year for each improvement payable with the taxes for the year 1966 collectible in 1967, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1967. To each subsequent installment will be added interest at the same rate for one year on all unpaid install- ments . I ' The owner of any property assessed for the above improvements may pay the whole of the assessment without interest to the Village Treasurer on or before Decembel? 15, 1966, or make payment with accrued interest to the County Treasurer, BY ORDER OF THE VILLAGE COUNCIL. Florence B. Hallberg Village Clerk Motion for adoption was seconded by Trustee Tupa and no nays and the resolution was adopted. ATTEST: rollkall there were five ayes ,+ -.1 cu/. U Village rerk 8/15/66 AD VALOREM TAXES CANCELLED. following resolution cancelling Ad Valorem taxes and moved its adoption: Upon request of Mr, Dalen, Trustee MacMillan offered the RESOLUTION CANCELLING IMPROVEMENT FUNDS AD VALOREM TAXES COLLECTIBLE WITH 1966 GENERAL PROPERTY TAXES WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted March 2, 1953, levied a-Special ad valorem tax for the payment of principal and interest of its Sanitary Sewer Improvement No. 53 Fund; said ad valorem tax in the-amount of $18,000 being collectible with'and as a part of other general taxes for the year 1966; and October 26, 1953, levied a sgecial ad valorem tax for the payment of principal and interest of its Southdale Improvement Fund, said ad valorem tax in the amount of $18,600 being collectible with and as a part of other general taxes for the year 1966; and WHEREAS, Minnesota Statutes, Section 475.61, permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issues; and it has been determined by this Council that the required moneys are on hand for the payment of said principal and interest: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that those ad valorem tax leview made by Resolution of this Council adopted March 2, 1953 and October 26, 1953, and collectible with and as a part of other general property taxes in said Village for the year 1966, be and hereby are cancelled; and February 25, 1957, levied a special ad valorem tax for the payment of principal and interest of its Park System Bonds, said ad valorem tax in the amount of $54,000 being collectible with and as a part of other general taxes for the. year 1966; and WHEREAS, Ordinance No. 17 of the Village of Edina (An Ordinance Establishing the General Obligation Bond Redemption Fund) permits the cancellation of all or part of said levy providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for payment of all of the interest and a part of the principal of said bond issue: $16,200 of that ad valorem tax levy made by Resolution of this Council dated February 25, 1957, be and is hereby cancelled, BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levies and to delete said levies from taxes to be spread for the year 1966. WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted WHEREAS, the Village Council of the Village of Edina has, by Resolution adopted NOW, THEREFORE, BE IT ESOLVED by the Village Council of the Village of Edina that Motion for adoption of the resolution was secon there were five ayes and no nays and the reso ATTEST : y Trustee T,upa and on rollcall tion was adopted '7 Mayor Village Clerk RECREAT-ION-CENTER-FUND REPORT as of July 31, 1966, was presented by Mr. Dalen, reviewed, and ordered placed on file by motion of Trustee Tupa, seconded by Trustee VanValkenburg and carried. G0,LF COURSE, FUND REPORT as of July 31, 1966, was presented by Mr. Dalen, reviewed, and ordered placed zile by motion of Trustee Tupa, seconded by Trustee MacMillan and unanimously carried. BUILDING 1NSPEGTOR.ALLOWED $300 FO-R TRAVEL TO CONFERENCE. Building Inspector has requested $300 for'a trip to Fresno, California, to attend a conference for Building Inspectors at which code changes are considered, motion approving expenditure for the trip was seconded by Trustee VanValkenburg and carried, Mayor Bredesen voting against the motion. Mr. Hyde reported that the Trustee Tupa' s CLAIMS PAID. dated August 15, 1966, with notation that Mr. Robert Bahneman, Edina Plumbing Inspector, is no longer connected with the Bahneman Company, was seconded by Trustee MacMillan as follows: Park Construction, Swim Pool, Golf Course and Arena', $39,718.12 ; Water Fund, $27,748,33; Liquor Fund, $54,826.49; Sewer Rental Fund, $1,085.28;. Improvement Funds, $470,360.20; Poor Fund, $608.95; Total, $905,814.45. Trustee VanValkenburg's motion for payment of Claims as per Pre-List General Fund, $38,908.02; Construction Fund, $272,559.06; Park, Park Sinking, The agenda's business having been covered, Trustee Tupa's motion for adjournment was seconded by Trustee MacMillan. Adjournment at 10:15 P.M.