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HomeMy WebLinkAbout19670206_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD MONDAY, FEBRUARY 6, 1967, AT EDINA VILLAGE HALL Members answering rollcall were Trustees Courtney, Johnson, MacMillan, VanValkenburg and Mayor Bredesen. MINUTES of the Regular Meeting of January 19, 196?, were approved as submitted by motion of Trustee VanValkenburg , seconded by Trustee MacMillan and carried . HILDING DAHL RECbGNIZED FOR THIRTY YEA% OF SERVICE. Mr. Hyde introducid Hilding S. Dahl, who has served tpe Edina Police Department for a period of thirty years and expressed appreciation for his loyal service to the communi$y.* Whereupon, ,. Trustee Johnson offered the following resolu-kion and moved-its adoption: RESOLUTION OF RECOGNITION TO HILDING S. DAHL WHEREAS, Hilding S. Dahl has faithfully and energetically served with the Village WHEREAS, Hilding S, Dahl is highly regarded*as a valued member of the Edina NOW, THEREFORE, BE IT RESOLVED by the Edina Village Councilthat.Hilding S. Dahl of Edina Police Department for the past thirty years, and Police Department , ' be commended and thanked for his services to the Village of Edina over the long period of his employment. I Motiog for adoption resolution was adopted. ATTEST : b$ Trustee MacMillan and the Mayor, ., Village Clerk PHILIP BAILEY HONORED UPON RETIREMENT FROM FIRE DEPARTMENT. of the retirement of Philip Bailey, the first Fire Chief of the Volunteer Fire Department of the Village of Edina and expreGsed,'as did Mayor Bredesen, highest regard for Mr. Bailey's abilities as a fire fighter. resolution and moved its adoption: Mr. Hyae advised Council Trustee Johnson then offered the following .c RESOLUTION EXPRESSING GRATITUDE FOR SERVICES OF PHILIP BAILEY WHEREAS, Philip Bailey has faithfully and efficiently served the Village of Edina as a member of the Fire Department of the Village, being the first Fire Chief of the Volunteer Firemen, and of Edina, recognizing the excellent and energetic service that Philip Bailey has rendered to the community, does express its sincere thanks for the outstanding service which Philip Bailey performed as a member of the Fire Department from 1941 until 1967 for the Village of Edina. WHEREAS, Philip Bailey is now retiring from the Fire Department of the Village NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina, I Motion for adoption of the resolution was *' I" ATTEST : Mayor Y R. E. DRAEGER GRANTED R-2 ZONING FOR 4400 BROOKSIDE AVENUE. ot Mr, R. E. Draeger for rezoning of Parcel 2400, Lot 12, Brookside Terrace for Second Reading. No persons were present to protest this rezoning for 4400 Brookside Avenue from R-1 Residential District to R-2 Multiple Residential District zoning, whereupon Trustee VanValkenburg offered the following ordinance for Second Reading as recommended by Planning Commission: Mr. Hite presented request ORDINANCE NO. 261-143 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 I MULTIPLE RFSIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section 4 (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: Dis t ri ct R-2 Section 2. ,This Ordinance.shal1 be in full force and efgect from and after its .Ii (&2) Lot 12, Brookside- Terrace Addition" passage and publication according to law. 2/6/67 1 Motion for adoption of'the ordinance was second- Trustee MacMillan and on rollcall \ there were five ayes and no nays and the Mayor ATTEST : Village Clerk 4 BA-94 STREET SURFACING BID AWARDED. and the Construction Bulletin were presented by Clerk, approved as fo form and ordered placed on*file. Mr. Hyde presented tabulation of nine bidders which showed Bury and Carlson, Inc. low bidder at $263,186.00; J. V. Gleason Company, Inc., second low bidder at $286,811.00; Black Top- Service Company third low bidder at $289,785.50 and Bituminous Surfacing Treating Company high bidder at $335,556 . 50 . was given at $285,860.00. low bidder, Bury and' Carlson, Inc., w?lich motion was seconded by Trustee MacMillan and carried. Affidavits of Publication in the Edina Courier Engineer's estimate Trustee Johnson then moved award of bid to recommended SNOWMOBILE ORDINANCE REFERRED TO VILLAGE ATTORNEY FOR DRAFTING. Council that Mr. and Mrs. Richard M. Cotton, 6405 Biscayne Blvd., had requested that action be taken which would govern the use and operation of snowmobiles on privately owned property. Mr. Hyde quoted the ordinance currently being considered by Bloomington which would prohibit operation of snowmobiles on private and publicly owned land except where specifically allowed. Mayor Bredesen recommended that this ordinance be referred to the Village Attorney for reference in drafting a similar Village ordinance which could be considered at the next Council Meeting. Mr. Cotton urged the immediate ' enactment of the ordinance, stating that snowmobiles driving across his property constitute a great danger to children. that two snowmobiles had darted in front of her car as she was driving in the area of Webber Field. Mr. IJhitlock advised that the Village has no control over the use of snowmobiles on public streets, Trustee VanValkenburg's motion that the ordinance be referred to the Village Attorney for drafting was seconded by Trustee Johnson and carried. responsibility of citizens to attempt to identify the snowmobile driver and advise the Police Department when an incident occurs. Mr. Hyde suggested the possibility of signing a citizen's complaint against offenders and proposed that the Cottons could post I'No Snowmobile" signs in their yard. Mr. Hyde advised 1 An unidentified lady in the audience stated .. Trustee VanValkenbu5g then advised Mr. Cotton that it will still be the , BRIDGE OVER RAILROAD TRACKS AT 50TH AND BROOKSIDE PETITIONED. Gerald A. Paulsen and Harry Gustafson, for construction of a bridge over the railroad tracks south of the existing bridge at 50th Street and Brookside Avenue in connection with the Grandview Improvement Project No. E-19, was ordered referred to the Engineering Department by motion of Trustee Johnson, seconded by Trustee MacMillan and carried. Petition, signed by SALLY LANE STEET NAN5 CHANGE HEARING DATE SET. name of Sally Lane to "Foothills Road" whereu$on Trustee Johnson's motion setting Hearing Date for February 20, 1967, was seconded by Trustee MacMillan and carried, Petition was presented to change the LAKE EDINA V ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hike presented Lake Edina V Addition for preliminary plat approval, stating that this six lot plat is . located on the south side of \?est Shore Drive between Poppy Lane and T.H. 100. reason for platting at this time is that sewer and water facilities must be provided to the office building being constructed to the south and the utility easements need to be located. lot area variances. was seconded by Trustee Johnson and carried. The Dunn E Curry, Inc., have applied to the Board of Appeals for necessary Trustee VanValkenburg's motion for preliminary plat approval SUSAN LINDGREN ELEMENTARY SCHOOL AREA. STORM SEWER REFERRED TO ENGINEERING DEPARTMENT FOR FEASIBILITY STUDY; Elementary School, proposed to be constructed by the St. Louis Park School District Mr: Hyde advised Council that plans kor the Susan,Lipdmen on a site located immediately south of West 4lst Street and between Quentin and Monterey Avenues, have been submitted to glanning Commission. of the overall site located west of Natchez Avenue is within the municipal limits of Edina, State law requires that the School District submit plans to the Edina Planning Commission for review, but the schodl district is not obliged to comply with the recommendations set forth by the Planning Commission, that the area in question has had a storm water problem for many years and that it is felt that the construction of the school and playground would aggravate this situation. and the Edina Village Council that another site be selected for this sqhool have gone unheeded. Mr, Hyde advised that a 1961 study made by Bonestroo, Rosene, Anderlik and Associates had recommended that the swamp in the area be made into a permanent storm water storage pond and that a 1955 study conducted by Orr Schelen, Mayeron and Associates had proposed to remove the water by pipe into Lake Calhoun. second recommendation would cost approximately $3,000 per lot and felt $0 be too costly to be practical, Mr. Hite suggested that a combination of the two plans might be employed. Avenue was constructed at an elevation blocking the County ditch which ran approximately Because the portion Mr, Hite recalled to Council Previous requests by the Morningside Village Council, Morningside residents Because the Mr. Hyde pointed out that the problem was caused originally when France 2/6/67 I9 from 41st Street all the way across the Morningside area. of Trustee Courtney, Village Attorney Whitlock advised that St. Lbuis Park could build a school on any property that i; owned in Edina. - advised that the,Village of Edina would have no authority to hold the matter in abeyance or prohibit the construction of the proposed school. Trustee Courtney suggested the possibility of Council withholding the vacation of a dedicated street which had never been opened and which would be necessary for the school playground. He stated that everything should be done that is legally possible to circumvent construction of the school. the area at a time when it was flooded, and stated that this condition occurs as often as twelve times a year and that water reaches a depth of five feet. *He urged that immediate action be aaken for the construction of a storm sewer and stated that the longer-the delay, the more expensive this project will be. resident of Monterey Avenue, stated that she would not favor a recommendation made by Mr. Hite at the Planning Commission Meeting, for construction of a four foot earthen dike on the westerly side of Monterey Avenue, because she does not-believe it will be adequate after the school has been built. Mr. Hite advised that he had been assured that construction of the school would not be started until after this coming spring. He further stated that St. Louis Park has expressed willingness to pay its share of the storm sewer. Mr. Hyde advised that the St. Louis Park School District should be assessed at a higher rate than that paid by owners of private dwellings because of more rapid run-off which would create more of a problem. In reply to a question posed by Trustee Johnson, he was advised that approximately $50,000 which Morningside turned over to Edina at the time of annexation could be used toward defraying the expense of the storm sewer and that it is possible to apply for Federal Funds, although it is questioned whether Federal Funds are actually available. Mr. James A. Lushine, 4166 Monterey Avenue, stated that he had a petition of 400 names protesting construction of the school until after the water problem had been solved and urged Council to prevail further upon:the St. Louis Park School Board to defer construction of thevschool until the storm sewer had been installed. Mr. Hite pointed out that because Minneapolis is going to proceed with its storm sewer and needs to know if it is necessary to enlarge piping to accommodate Edina, it is necessary that the Village decide almost immediately on storm sewer plans. Trustee Johnson then moved that the matter be refe.rred to the Engineering Department for a feasibility study and referred back to Council within sixty days with appropriate recommendations that would include looking into the possibility of Federal financing and/or the use of the Morningside funds that were left over for defraying a portion of the expense. Trustee Johnson's motion further included that some expression of intent should be obtained from the St. Louis Park School District and also that they should be assessed at a higher rate, there were five ayes and no nays and the motion was carried. that the Village would continue to do all possible through sandbagging and-chanelling water to prevent their property from being flooded. In reply to a question Mr. Whitlock further Mr. Daniel Smith, 4024 Grimes Avenue, showed pictures of Mrs. Jordan, a Motion seconded by Trustee Courtney and on rollcall Mr. Hite assured residents LOTS 1 THROUGH 7, BLOCK 3, PARKWOOD KNOLLS 15TH ADDITION REZONING HEARING DATE SET. Upon recommendation of Mr. Hite, Trustee Johnson's motion setting hearing datesfor R-2 rezoning of Lots 1 through 7, Block 3, Parkwood Knolls lSth'Addition, as requested by H. C. Hansen, for March 6, 1967, was seconded by Trustee Courtney and carried. HEARING DATE-SET.FOR.VARIOUS IMPROVEMENTS. VanValkenburg offered the following resolution setting hearing date for various improve- Upon recommendation of Mr. Hite, Trustee ments as follows: RESOLUTION PROVIDING FOR PUBLIC HEARING ON VARIOUS IMPROVEMENTS 1. the feasibility of the proposed Storm Sewer described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all effected properties in substantially the following form: The Village Engineer, having submitted to the Council a preliminary report as to This Council shall meet on Monday, February *20, 1967; at 7:OO P.M, in the Edina NOTICE OF PUBLIC HEARING ON PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER, WATERMAIN AND SANITARY SEWER EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, February 20, 1967, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes of 1961, Chapter 428. approximate cost of said improvements are estimated by the Village as set forth below: The 2/6/67 A. CONSTRUCTION OF PERMANENT STREET SURFACING CONCRETE CURB AND'GUTTER IN THE FOLLOWING: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10 . 11 . AND Creek View bane from Limerick Lane to cul-de-sac Evanswood Lane from Blake Road to 500' West; thence North 400' Woodcrest Drive from West 56th St. to"Wood1and Rd. Park Place from West 56th St. to Woodcrest Drive ESTIMATED COST $ 11,610.77 13,566 -07 31,404 . 53 Philbrook Lane from Wooddale Avenue to West 58th St. *Claredon Drive from Dewey Hill Rd. Northerly to Cul-de-sac Dewey Hil1,Road cul-de-sac 15,270 -93 Cooper Circle from Cooper Avenue Nesterly to end of cul-de-sac 8,255.23 West 77th Street from Parklawn Avenue to 230' East of Computer Avexpe. 83,288.20 Gleason Road from Valley View Road to Loch Moor Dr. Gleason Circle from Gleason Rogd to cul-de-sac Scotia DSive from Gleason Road to ?SO'.Fast Braeburn Circle from Gleason Road to cul-de-sac Loch Moor Drive from Mark Terrace Dr. to Gleason Rd. Mark Terrace Drive from Valley View Rd. to Mark Terrace Circle Mark Terrace Circle from Mark Terrace Dr. to cul-de-sac Hill-A-Way Court from Mark Terrace Drive to cul-de-sac 25,945.60 Arbour Ave, from Arbour Lane Northerly to the So&h line of Lot 6, Block 2, Clagramar 2nd Addition Ryan Avenue'Erom l?est 62nd-St. to.363.66' South. Parnell Ave; from West 62nd St. to.l.lest 63rd St. Virginia Ave. from West 62nd St. to 300' South of Nest 63rd St. West 63rd St. from Parnell Ave. to Virginia Ave. Creek Valley Road from Gleason Road to 170' East of Nordic Drive Balder Lane from Gleason Road to Scandia Road Scandia Road from Creek Valley Road to Nordic Drive Nordic Drive from Scandia Rd; to Creek Valley Rd, B . CONSTRUCTION OF. PERNANENT STREET SURFACING IN TVE FOLLOlJING I I. York Avenue from Vest 55th St, to West 56th St. CONSTRUCTION OF VILLAGE W4TERMAIN AND APPURTENANCES IN THE FOLLOWING: 1. Creek Valley Road from Nordic Drive to 660' Ne.$ CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTEqANCES IN THE FOLLOWING: 1. Creek Valley Road from Nordic Drive to 660':Hest C. D. 137,710.51 21,467 . 32 I 39,091.23 64,92i.~ 7,918.71 ,3,224.76 6,403.08, , The area pToposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter listed under A-1 thru A-11 inclusive, and the Permanent Street Surfacing listed under B-1, includes all lots and tracts of land abutting the streetsproposed to be improved. The area proposed to be assessed for the cost of the proposed Watermain under . C-1 and the proposed Sanitary Sewer under D-1, includes Lots 1, 7, 8, 9, and 10, Block 1, Valley Estates 2nd Addition, and Outlot 1, Valley Estates 2nd Addition as described in the Preliminary Plat of Valley Estates 2nd Addition, known =.par2 of Lot 26, Auditor's Subdivision 151196, in Section 6, Township 116, Range 21, Florence B. Hallberg Village Clerk Motion for adoption of the resolution wa rollcall there were five ayes and no nays d by Trustee MacMillan and on ATTEST : Mayor Village Clerk .. 2/6/67 APPOINTMENTS MADE TO PLANNING COMMISSION AND PARK BOARD. the re-appointment of Mr. Alfred Hiatt to the Planning Commission ;Ear a term of three years. Mr. Dick Enroth, to serve a term of one year; Dr. J. A. Jackson, to serve a two year term and Messrs. Gilbert Giebink and Elmer Conover to serve the regular term of three years . , Whereupon, Trustee VanValkenburg' s motion confirming Park Board and Planning Commission appointments as recommended by Mayor Bredesen was seconded by Trustee Johnson and carried. Mayor- Bredesen announced Park Board appointments were announced by Mayor Bredesen as follows: SOUTHDALE LIQUOR STORE SURVEY has been completed but Mr..Hype stgted that the tabulated results would not be ready for another few days. POSITION TAKEN ON PENDING STATE LEGISLATION. pending in the Minnesota State Legislature. relative to metropolitan government, stating that advocates will start out with essential and necessary matters, such as sewage control, the control over air and water pollution and then branch out into other fields, thus swallowing the entire area into one great metropolitan government without local control or representation. discussion ensued relative to area-wide problems. the Village Manager draft a resBlution, for future Council approval, requesting that the Legislature proceed with all haste to establish a system of local control and/or local representation and that the Edina Village Council endorse the principal of Sanitary Sewage Disposal, Air and Water Pollution and.Mass.Transportation and that steps be taken to assure appropriate local control which would be responsive to the needs and desires of the individual citizen. VanValkenburg and carried. PERA - Explaining the background of PERA, Mr. Hyde advised Council that legislation 1s pending which would remove the current ceiling of $6,000 for deduction completely, a move which would cost the Village-approximately $25,000 annually. PERA is actuarily unsound and stated that if the .plan could be coordinated with OASDI, it could eventually be maintained on a sound basis. Council go on record as favoring that the present $6,000 maximum limit be maintained, but that if it is lifted, the PERA fund be integrated with the OASDI fund was seconded by Trustee Courtney and unanimously carried. PRIVATE ON-SALE LIQUOR LICEBSES - Mr. Hyde advised Council that legislation is pending which would allow municipalities to have off-sale municipal stores and to also issue private on-sale licenses. opposing thds legislation was seconded by Trustee Johnson, who stated that the recent Edina questionnaire indicated that the majority of Edina residents did not favor licensing on-sale liquor establishments.. Clerk was instructed to send a. copy of thds portion of the Minutes to Edina Senators and Representatives. TAX REFORM - Following general discussion relative to tax reform in the metcopolitan area, Trustee VanValkenburg's motion that Council oppose a metropolitan area sales tax, as being a function of the State government, was seconded by Trustee Johnson, and carried. VETERAN'S PFkFEENCE -- I&. Hyde advised Council that State law requires that a veteran receives absolute preference fqr any original 'appointment or prom6tion over a non-veteran, as long as the veteran has a passing grade. Federal law gives a certain number of points to the veteran on the original appointment and nothing on promotions. Trustee Courtney's motion favoring the Federal system of Veteran's Preference over that of the State was seconded by Trustee Johnson and carried. LOCAL CONSENT - Will be studied further by Mr. Hyde and brought to Council for' recommendation at the next meeting. Mr. Hyde reviewed for Council matters Mayor Bredesen expressed his concern General Trustee Johnson then moved that Motioq was seconded by Trustee 7 He advised that Trustee Johnson's motion that ,.... Trustee Courtney's motion.that Council go on record as VALLEY VIEW ROAD BRIDGE ENGINEERING ASSISTANCE CONTRACT APPROVED. Upon recommendation of Mr. Hite to enter into agreement for a cost not to exceed $4,800 with Jacus & Amble, Inc., for engineering assistance for designing the bridge on Valley View Road over the M.N. & S. Railroad, subject to County approval, Trustee VanValkenburg offered the, following resolution and moved iti adoption: BE IT RESOLVED, That'the Village Engineer is hereby authorized to enter into .. RESOLUTION I agreement with Jacus & Amble, Inc., subject to County approval, to secure needed engineering assistance, cost of which is not to exceed $4,800. Motion for adoption of the resolution was there were five ayes and no nays and the ATTEST: Mayor 2/6/67 PLAN APPROVED FOR T.H. 100 FROM INTERSTATE^ HIGHWAY 494 TO 2,000 FEET NORTH OF FEST 77TH STREET. Flr. Hite presented a proposal submitted-by the State Highway Department for improving T.H. 100 between Interchange 494 and 2,000' North which has been proposed in an attempt- to" resolve traffic problems in the area, and * advised that the State is prepared to award contracts for the work in July, 1967. Present plans propose to 1) install Frontage roads on each side of T.H.*100 between Viking Drive and West 77th Street, 2) install new signal system at West 77th Street which will be in*egrated with signals at West 70th Street, 3) construct left and right turn refuge lanes at Best 77th Street, 4) close crossovers at Viking Drive (West 78th Street) . Hr. Kurpius, Traffic Engineer for the 14innesota State Highway Department, advised Council that these proposed plans are necessary because of the large amount of traffic and high accident rate in the area. Assistant to the District Engineer5 advised that it is anticipated that the contract for the work ce be let sometime this summer and that the project should cost approximately $200,000. interchange planned at \?est 77th Street. March 10, 1960, from Hr. Frank Marzitelli, then Deputy Commissioner of Highways to 14r. Charles Root, attorney, which indicated that roads to the main roadways would be maintained until such time as a-grade separation was required. m. Connor of ' Rauenhorst Corporation presented a petition signed by 400 persons employed in the area requesting that Viking Drive access be left open, and stated that the Raunehorst interests had been assured in 1960 that Viking Road would be kept open until a grade separation was installed. Mr. Hite advised that he had written Rauenhorst Corporation prior to the rezoning of their Edina properties advising them that accesses at this intersection were not permanent. 'In reply to-Trustee MacMillanrs question as to why the Highway Department is so nebulous as to when the interchange will be installed, Mr. Osterby stated that funds for this improvement are not presently included in the State's five-year highway plans and conceded that the interchange might not be constructed for seven to ten years. Mayor Bredesen stated that he feels that if direct access to T.H. 100 from Viking Drive is closed, the Village would be doing wrong by a man who had developed the area in good faith. Mr. Jerry Anderson, Real Estate Agent for Texaco, Mr. Hans Skalle of Camelot and Mr. Connor all pointed out that there would be no objection to installation of the improvements at West 77th Street, but that it is imperative that Viking Drive have access to T.H. 100, urging that the road plan at Viking Drive not be changed until the time when the grade separation is constructed. himself from the meeting.) why the same plan could not be used as was constructed on France Avenue at Interstate 494. volume of traffic at that intersection. checking the accident frrequency since the signal installation at West 77th Street and T.H. 100, He also suggested the possibility of slowing exit ramp speed to 20 miles per hour, but was told by Mayor Bredesen that this is not practical. Mr. Nicholas Simon with Rauenhorst Corporation, asked about the possibility of instEdling a traffic signal where the 494 ramp intersects T.H. 100. advised that signalization at that point and at the Howara Johnson intersection would cause traffic to bebacked up too much. No further comments were heard from the audience, whereupon in. response to Mayor Bredesen's recommendation that Viking Drive remain open until better arguments for closing i;t are presented, Trustee VanValkenburg offered the following resolution and moved its adoption: Mr. Norman Osterby, A great share 'of this work will fit in with the future Mayor Bredesen read a letter dated (At this point, Trustee Johnson absented I llr. James OiNeill of Rauenhorst Corporation questioned . He was advised by Mr. Kurpius that there is a considerably smaller Mr.* Edward Dunn of Dunn E Curry suggested . l-lr.-Kurpius RESOLUTION WHEREAS the Commissioner of Highways has prepared preliminary plans for the improvement of a part of Trunk Highway Number 130erenumbered as Trunk Highway Number 100 within the corporat'e limits of the Village of Edina from the South Corporate limits to.Engineers Station 45 E 40; and WHEREAS said preliminary plans are on file in the office of the Department of Highways, Saint Paul, Minnesota, being marked, labeled, and identified as Layout" No. 15A, S.P. 2733-25 (T.H. 100=130) from Jct. T.H. 494 to 2000' North of 77th Strket; and are also on file in the office of the Village Clerk; and this resolution shall be deemed and intended to mean, refer to, and to incorporate the preliminary plans as in the foregoing recitals particularly identified and described; NOU, THEN, BE IT RESOLVED that said preliminary plans for the improvement of Trunk Highway Number 130 renumbered Trunk Highway Number 100 within the limits of the Village of Edina be and hereby are approved, with the exception of the proposal to close the median openings at Viking Drive. Motion for adoption of the resolution was secomby Trustee HacMillan and on WHEREAS copies of said preliminary plans as so mcrked, labeled, and identified WHEREAS the term '%aid preliminmy plans" as hereinafter used in the body of B . rollcall there were four ayes and no nays ATTEST 2 Mayor Q 2/6/67 1 23' ORDINANCE NO. 142-5, ADOPTED, has been caused by people plowing driveways or alleys dnd dumping snow on property on the other side of the street or'alley. to Ordinance No. 142-3 which would prohibit this practice. VanValkenburg offered the following ordinFce for First Reading with waiver of Second Reading as follows: Mr, Hite advised Council that considerable difficulty He presented a draft of an amendment Whereupon Trustee ORDINANCE NO. 142-5 AN,ORDINANCE AMENDING ORDINANCE NO. 142-3 RESPECTING REMOVAL OF SNOW AND ICE FROM ADJACENT STREETS AND DRIVES THE VILLAGE COUNCIL OF THE VTLLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. "(1) Subparagraph (1) of Paragraph (b) of Section 21 of Ordinance No. 142 of the Village is hereby amended to read as follows: . may be deposited upon those portions of such grounds, streets or easements not used for travel or for access by the public or the Village." publication. Motion for adoption of the ordinance was seconded by Trustee MacMillan and on rollcall Accumulations of snow and ice removed from adjacent streets and drives Seition 2. This ordinance shall be in effect from and after its passage and there were four ayes and no nays and the.0 ATTEST : ORDINANCE NO. 211A-1 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 2llA-1 as recommended by the Fire Department which would provide that refuse containers and waste receptacles be constructed of galvanized- steel construction only. Fire Chief James McNellis advised Council that this ordinance had been recommended because of the large fire loss during the past year which had been caused by use of plastic containers and presented pictures of fires in both types of containers. Trustee MacMillan then offered Ordinance No. 211A-1 for First Reading, as follows: Assistant ORDINANCE NO. 211A-1 AN ORDINANCE AMENDING 8RD.INANCE NO. 211A AS TO REQUIREMENTS FOR REFUSE CONTAINERS AND WASTE RECEPTACLES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. to read as follows: "Sec. 2. The occupant of any private dwelling, the keeper or-manager of any hotel, motel, club, hospital, restaurant, eating house, boarding house or. any building where meals are served, the owner, manager or superintendent of any flat, apartment house, trailer camp or auto court, the owner of any other premises where refuse, garbage or swill may be present, shall provide and keep on such premises suffiqient containers or dumpster type for the storage of all refuse, garbage or swill accumulating on ~ the premises between collections. 30 gallons and shall have a close-fitting top. Containers shall be constructed of galvanized steel and dumpsters shall be conspucted of metal. herein shall be deemed to require the storage of containers of any refuse which is immediately consumed or disposed of -on the premises in a multiple-chamber gas fire incinerator of a type approved by the Public Health Department of the Village. "The owner or manager of any premises used for any office, warehouse or. industrial building shall provide waste containers inside the structure in sufficient size and number to store accumulations of rubbish and waste matter for one working day. Sec. 2. and publication. Section 2 of Ordinance No.-211A of the Village is hereby amended Refuse Containers and Waste Receptacles. Each container shall not exceed a capqcity of However, nothing All such containers shall be of metal construction only," This ordinance shall be in full force and effect upon its passage Mayor Bredesen advised that he is not sure that all plastic containers are dangerous and would like to check ihto the matter further. BLOCK 22, MENDELSSOHN ADDZTION EASEMENT TO BE ACQUIRED. Trustee' VanValkenburg offered the following resolution for approval of the acquisition of tax forfeited land for storm sewer easement in part of Block 22, Mendelssohn Addition : Upon recommendation of Mr. Hite, - 24 2/6/67 .r . RESOLUTION APPROVING ACQUISITION OF TAX FORFEITED LAND * BE IT RESOLVED by the Village Council of the Village of Edina, that application be submitted to the State of Minnesota for storm sewer easements on certain tax- forfeited land described as the East 50 feet of the South 10 feet of:the Noeth 310 feet of Block 22, Mendelssohn Addition. Motion for adoption of the resolution was there were four ayes and no nays and the Trustee MacMillan and on rollcall ATTEST : PORTION OF LOT 49, WARDEN ACRES TO BE ACQUIRED FOR PUBLIC ROAD PURPOSES. advised Council that before building permits can be issued for the South 1/2 of Lot 49, Warden Acres, it will be necessary to acquire an easement for public road purposes over the West 25' of the North 1/2 of Lot 49, Varden Acres, in order that Crescent Drive can become a Village street. following resolution and moved its adoption: Mr. Hite Trustee VanValkenburg then offered the . RESOLUTION WHEEAS, it is advisable and in the public interest that the Village of Edina acquire or prove up its right to an easement for public road purposes over the West 25' of the North 1/2 of Lot 49, Warden Acres, and in order to accomplish such purpose, if it cannot be accomplished by the obtaining of easements without court proceedings, it may be necessary to procure the same by court proceedings including the Right of Eminent Domain, Edina proceed to procure perpetual public road easements over and across the West 25 feet of the North 1/2 of Lot 49, Warden.Acres by obtaining easements, therefore, and if necessary, under its right of Eminent Domain or other court proceedings, and the Village Attorney and the Mayor and Clerk be instructed and directed to commence the necessary Court proceedings including Eminent Domain and to prosecute such action or actions to a successful conclusion or until abandoneq, dismissed, or terminated by the Village or the court and that the Village Attorney, the Mayor and Clerk do all ... NOW, THEREFORE, BE IT RESOLVED,*by the Village Council that the Village of - 8 things necessary to be done in the commencement, prosecution id successful termination of such action . Motion for adoption of the resolution was Trustee MacMillan and on were four ayes and no nays wasGdopted. rollcall there ATTEST: $Lid,-, Village Clerk GRADE APPROVED FOR CSAH NO. 62 FRON TRACY AVENUE TO COUNTY ROAD 18. of Mr. Hite, Trustee MacMillan offered the following resolution approving the grade for CSAH No. 62 from Tracy Avenue to County Road 18 *and moved its adoption: RESOLUTION WHEREAS, plans for State Project No. 27-662-21 showing proposed alignment, Upon recommendation profiles, grades and cross-sections, together with specifications and special provisions for construction as a Federal Aid Project have been prepared and. presented to the Village; provisions be in all things approved. of County-State Aid Highway No. 62 within the limits of the Village NOW, THEREFORE, IT IS RESOLVED: That siad plans, specifications and special Motion for adoption of the resolution was se there were four ayes and no nays and the res 1. I ATTEST: ?L B- L-Q; #.'f Village Clerk VOLUNTEER FIRENEN'S BALL TO BE DISCONTINUED. Mr. Hyde recommended that the Volunteer Firemen's Ball be discontinued now that there are only six volunteer firemen'and that it is basically a solicitation of funds. Whereupon Trustee VanValkenburg's motion that the Ball be discontinued as recommended was seconded by Trustee MacNillan and carried. 2/6/67 i"" JAY LOVELL BENNETT HONORED BY AMERICAN ACADEMY OF ACHIEVEMENT. advised Council that Jay Lovell Bennett, 5325 Ayrshire Blvd., had been designated Mayor Bredesen 1 Minnesota's official delegate to the American. Legion's "Boy's. Nation" program. Upon recommendation of Mr. Hyde,.Trustee VanValkenburg's motion that Mr. Hyde approach the American.Legion, Junior Chamber of Commerce or Rotary to make a financial contribution of at least'$100 to send Jay to Dallas, Texas, to receive the award. then offered the following resolution and moved its adoption: Motion seconded by Trustee Courtney and carried. Trustee VanValkenburg RESOLUTION OF,CONGRATULATIONS TO JAY LOVELL BENNETT WHEREAS, the American-Academy of Achievement is a non-profit organization, dedicated to "the inspiration of Youth -- to raise their sights high, to excel in their endeavors -- through the*dramatic annual gathering of, and salute to, men and women of exceptional accomplishment in the great walks of life," and WHEREAS, Jay Lovell Bennett has been chosen to represent Minnesota as its official delegate to the American Legion's t'Boy~r Nation" program, NOW, THEREFORE, BE IT VSOLVED that the Mayor and Village Council of the Village of Edina express to,Jay Lovell Bennett on behalf of the citizenry of Edina, heartiest congratulations for having received this distinguished honor. Motion for adoption of the resolution wa ATTEST : flayor EDINA HIGH SCHOOL TEAMS CONGRATULATED ON WINNING LAKE CONFERENCE CHAMPIONSHIPS. Mr. Hyde advised Council that a number of Lake Conference Championships have been won by Edina High School teams for the 1966-67 school year, wGereupon Trustee MacMillan offered the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS , TO EDINA HIGH SCHOOL TEAMS WHEREAS, Edina High School Teams have won Lake Conference Championships for the 1966-67 season in Basketball, Debate, Hockey and Swimming, and in each field and have conducted themselves in a manner which reflects credit, not only to themselves and their coaches, but to the community as a whole, NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Village of Edina express to these teams, on behalf of the entire citizenry, most sincere wishes for continued success in the upcoming tournaments which they will be entering, and BE IT FURTHER RESOLVED That appropriate copies of this resolution be presented to each and every member of these championship teBms, to Student Managers, to Niss Patricia Paul and to Coaches Duane Baglien, Arthur J. Downey, Willard J. Ikola and to Athletic Director Howard Merriman. WHEREAS, these teams have exemplified outstanding sportsmanship and proficiency Motion for adoption of the resolution was seconded by Trustee VanValkenburg and carried. . ATTEST : Mayor TREASURER'S REPORT as of'December 31, 1966, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of TrusteelVanValkenburg, seconded by Trustee Courtney and carried. CLAIMS PAID. for payment of the following Claims as per Pre-List: General, $28,082.64; Construction $15,065.48; Golf Course, $65.30; Parks, $1,925.20; Park Construction, $8,427.50; Water, $5,128.55; Sewer, $24,173.27; Liquor, $92,482.22; Arena, $2,550.86; Poor, $455.99; Total, $183,485.91. The agenda's business having bee; covered, Trustee MacMillan's motion for adjournment was seconded by Trustee Courtney and carried. Trustee MacMillan's motion was seconded by Trustee Cgurtney and carried Adjournment at 10:45 P.M. c Village Clerk ,/