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HomeMy WebLinkAbout19671016_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, OCTOBER 16, 1967 . c Members answering rollcall were Trustees Courtney, Johnson, Mac Millan and Mayor Brede sen. MINUTES of the meetings of September 18 and 25, 1967, were approved by motion of Trustee Johnson, seconded by Trustee TfacIfiXl:a6 and cakried.' - '. MORNINGSIDE NEIGHBORHOOD STORM SEWER APPROVED. Mr. Hite recalled to Council that this hearing for a storm sewer in the Morninaside neighborhood had been continued v from the meeting of September 18, in order that Village officials could continue negotiations with the City of Minneapolis and the City of St. Louis Park on the sharing of costs. He advised that Notice of Hearing had been republished in the Edina Courier on October 5 and 12, because of an error in the original publication. Affidavit of Publication was then presented by Clerk, approved as to form and ordered placed on file. Mr. Hite pointed out that while discussions with St, Louis Park were progressing*satisfactorily, the City of Minneapolis Engineering Department had not been receptivetto any cost sharing agreement. The matter is currently being taken up with the Minneapolis Legal Department. Mr. Hite pointed out that any action taken at this meeting should be contingent upon satisfactory cost sharing agreements with both St. Louis Park and with Minneapolis, and he presented a letter received from Mr. Fred Nissen reiterating objections made by him at the meeting of September 18. Trustee VanValkenburg entered the meeting at this time. possibility of deleting lateral pipes in Branson, Grimes and Crocker Avenues, which deletion would reduce cost of the proposed storm sewer by $81,600 and reduce estimated cost of assessment from 04.85~ to 03.6~ per square foot. stalled in the remaining segments of the system so that additional laterals can be added at a later date if necessary. 4238 Grimes Avenue, Mr. John Dickson of Barr Engineering Company, noted that filling in low areas would not solve the problems but simply change the location of the prob- lems. 4213 Scott Terrace, Mrs. Charles Farr, 4211,Scott Terrace, and Mr, L. G. Simeon, 4307 Oakdale Avenue, and Mr. Jack Peterson, 4101 Kipling.Avenue. Mr. George B. Haun, 4115 Morningside Road and Mr. Robert S. Jackson, 4216 West 44th Street, both advised that water which settles in their yards during a rainstorm soaks into therground in a very short time and requested that their property not be assessed for the improvement. James Lushine, 4166 Monterey Avenue, questioned the need for additional buildable lots. A representative of Calvin Christian School advised that the school is not utilizing all of the property within the storm sewer district and requested that the unused property be assessed at a different rate. pointed out that properties on the north side of West 44th Street have already been assessed for storm sewer and that one-third of the cost was paid from General Funds. Mayor Bredesen replied that only the portion of the lot draining to the storm sewer district would be assessed and pointed out that if this property helps to create a problem, it must help to pay for the storm sewer. Terrace, was advised that this storm sewer would reduce the amount of water seeping into sanitary sewer pipes and could.possibly reduce the sanitary sewer back-up at her home. Mr. Regis J. Yunker, 4004 West 42nd Street, and Mr. Armond W. Halweg, 4200 Branson Avenue, advised that if it is necessary to install pipes in Branson, Grimes and Crocker Avenues at a later date, it will be more expensive at that time. Daniel Smith, 4024 Grimes Avenue, urged that the storm sewer be authorized as proposed. In reply to allegations that the proposed storm sewer benefits Edina as a whole, and that the cost should be paid from General Funds, Mayor Bredesen advised that all other -areas in the Village had paid for storm sewers in their areas and that it would not be fair to them if this storm sewer should not be similarly assessed, Mayor Bredesen further recalled that residents of the Morningside area had received a 30 to 35% Village tax levy decrease along with improved services and streets when they were annexed to Edina, but that this fact had-not been noted by residents. In reply to a question concerning the possible use of surplus funds of the Village of Morningside at the time of annexation, Mayor Bredesen stated that this would not be fair to tax- payers who may need other services which might require use of those funds. Mr. Hite advised that most of the area not included in the proposed storm sewer was included within the area of the previously installed storm sewer, a portion of which had been paid from Morningside General Funds. properties should not be assessed at the same rate as owners of low properties, Mayor Bredesen advised that a similar assessment had recently been held valid in the courts. Trustee Johnson then recommended that the storm sewer be approved as proposed with the deletion of the Branson, Crocker and Grimes Avenue laterals, provided that the proposed cost sharing agreements can be reached with St. Louis Park and Minneapolis. Trustee Johnson then offered the following resolution and moved its adoption: Mr. Hite suggested the Adequate pipes would be in- In reply to a question of Mr. Clarence Viegersdyk, The question.of ."benefit" to their property was raised by Mrs. Donald S. Beggs, Mr, Mr. Leslie H. Hughes, 4206 West 44th Street, Mrs. Marion G. Taylor, 4209 Scott Mrs. In reply to a statement that owners of high 220' 1 10/16/67 - RESOLUTION ORDERING STORM SEWER IMPROVEMENT NO. 111 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to own- ers of each parcel within the area proposed to be assessed on the following proposed improvement : West 41st Street from Natchez Avenue' fo G?i%s 'Averiue West 42nd Street from Lynn Avenue' Sko>AldeW Avenue West 42nd Street from Scott Aqenuc tfa pofri! 200';..feet east of Scott Avenue Branson Street from Grimes Averiue'.to'fa p5idt: 350 fe&t west of Grimes Avenue France Avenue from West 39th -Street to !a*. point"300- feet south of West 39th Street 'GrimesXvenCe from Inglewood Avenue to West 41st Street Monterey Avenue from West 41st Street to a point 300 feet south of West 41st Street Scott Avenue from West 42nd Street to a point 235 feet south of Nest 42nd Street Grimes Avenue from West 42nd Street to Branson Street Crocker Avenue from West 42nd Street to a point 635 feet south of West 42nd Street Scott Avenue from 42nd Street to a point 150 feet north of 42nd Street I Along the east line of Lot 22, Along the south and east lines Along the north line of Lot 8, Along the north line of Lot 3, Homestead ell's First Addition Riley's subdivision of Lots 3,4,5,6,7,30 and 31 Grimes of the north 4 of Lot 19, Block 2, Crocker and Crow- Block 2, Crocker and Crowellls First Addition Block 1, Crocker and Crowell's First Addition Along the north line of Lot 76, Morningside Along the north line of Lot 48, Morningside Along the east line of Lots 25 and 26, Morningside Along a line from Alden Avenue at West 42nd Street to the southwest corner of Out- -Along a line from a point 230 feet south of the north line of Morningside Oaks, on -Along the west and north lines of Lot 30, Morningside lot 1, Morningside Manor Tnglewood Avenue to a point along the east line of R.L.S. No. 567, 140 feet. south of the-north line of R.L.S. No, 567 81, Auditor's Subdivision' No; 30 Along the east line of R.L.S. No. 567 and the south 330 feet of the east line of Lot Along the south line of Minikahda Park from France Avenue to the east line of Lot 31, . Auditor's Subdivision No. 30 . Along the south line of R.L.S. No. 567 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 except that the following segments of the proposed storm sewer are to be deleted: - . Branson Street from Grimes Avenue to a point 350 feet west of Grimes Avenue Crocker Avenue from West 42nd Street to a point 635 feet south of West 42nd Street Grimes Avenue from Branson Avenue to the north line of Lot 76, Morningside Add- ition aqto the north line of Lot 3, Crocker & Crowell's First Addition and provided that cost sharing agreement with St. Louis Park is reached by which Edina pays no more than one-third of the cost of the France to Natchez Trunk with St. Louis Park paying at least two-thirds of the cost, and 2) provided that cost. sharing agreement be reached with Minneapolis whereby Edina pays a cost not to ex- ceed 35% of the France Avenue to Lake Calhnun Trunk, with Minneapolis and St. Louis Park-paying the balance of the cost; and including all proceedings which may be nec- essary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; and that said improvement is here- by designated and shall be referred to in all subsequent proceedings as STORM SEWER No. 111; and the area to be specially assessed therefore shall include all lots and tracts of land within the following described boundaries: Commencing at a point on the north-south 1/4 line of Sec. 7, T. 28N, R. 24W, said point being at the center line intersection of West 40th Street and Natchez Avenue, thence south along the north-south 1/4 line of said Section 7, to the center line of Morningside Road, thence west along the center line of Morningside Road to a point 30 feet north of the northeast corner of Lot 16, Block 2, Wooddale Heights, thence south 30 feet to the northeast corner of said lot 16, thence southeasterly along a line parallel to Wooddale Avenue to a point on the north line of Lot 17, Grimes Homestead, thence northeasterly ten feet along the north line of said Lot 17, I thence southeasterly along a line parallel to Wooddale Avenue to a point 150 feet north of the south line of Lot 13, Grimes Homestead, measured perpendicular to the south line of said lot, thence southwesterly 25 feet along a line parallel to the south line of said Lot 13, thence southeasterly along a line parallel to Wooddale Avenue, to a point 70 feet north of the south line of said Lot 13 measured perpen- dicular to the south line of said Lot 13, thence northeasterly along a line parallel 10/16/67 to West 44th Street, to a point 150 feet west of the east line of Lot 16, Melvin Grimes subdivision of Lots 8,9, and 10, Grimes Homestead, measured along said line projected, thence southeasterly along a line parallel to the east line of said Lot -16 to the south line of said Lot 16, thence northeasterly along the north line of West 44th Street, a distance of 220 feet, thence northwesterly along a line parallel to the west line of Lot 24, Riley's Subdivision of Lots 3,4,5,6,7,30, and 31, Grimes Homestead, to a point 136 feet north of the south line of West 44th Street measured perpendicular to said south line of West 44th Street, thence northeasterly along a line parallel to West 44th Street to the center line of Grimes Avenue, thence south along the center line of Grimes Avenue to the north line of West 44th Street, thence northeasterly along the north line of West 44th Street to a point 50 feet east of the east line of Grimes Avenue, measured perpendicular to Grimes Avenue, thence north along a line parallel to Grimes Avenue to a point 141 feet north of the south line of 44th Street, measured,perpendicular to the said south line of 44th Street, thence northeasterly along a line parallel to 44th Street to the east line of Lot 90, Morn- ingside, thence north along the east line of Lots 90, 93, and.94, Morningside, to the southeast corner of Lot 95, Morningside, thence west 100 feet along the south line of said Lot 95, thence north along a line parallel to Grimes Avenue to the ten- ter line of Morningside Road, thence east along the center line of Morningside.:Road to a point 45 feet east of the east .line,of Alden Avenue, thence north along a line parallel to Alden Avenue to the north line of Lot 41, Morningside,-thence east along the north line of Lots 41, 38, and 15, Morningside, to a point 100 feet east of the east line of Scott Avenue, thence north along a line parallel to Scott Avenue to a point 50 feet north of the south line of Lot 20, Morningside; thence east along a line parallel to the south line of said Lot 20 to the ~7est line of Lot 7, Morningside, thence south along the vest line of said Lot 7 to the south line of said Lot 7, thence east along the south line of said Lot 7 to the east line of Sec. 7, T. 28N, R. 24W, -thence north along the east line of said Section 7 to the northeast corner of the southeast 1/4 of said Section 7, thence west along the north east-west 1/4, 1/4 line of said Section 7, to the point of beginning. - Motion for adoption of the resolutien was secondhby Trustee MacMillan and on roll- I ' N c;fc c7 u u call there were five ayes and no nays an ATTEST : 9L, & x$A&4L& 9 a Village Clerk ORDINANCES 261-152 AND 143-4 ADOPTED. 143-4 for second reading, pointing out that these ordinances F70Uld permit two cars to be parked between the front of a dwelling and the front property line when the lot is 49' or less in width. Mr. Regis Yunker, 4004 West 42nd Street was advised tbat parking on the boulevard area is not permitted under these ordinances. identified lady in the audience was advised that cars cannot be parked on the street between November 1 and March 30 from 1:OO a.m. to 6:OO a.m. Trustee Johnson then offered second reading of Ordinance 261-152 and 143-4 with the stipulation that the words %on-commercial" and "motor" vehicle as found in First Reading be changed to "passenger automobile(s)ll, as follows: - ORDINANCE NO, 261-152- Mr. Hite presented Ordinances No. 261-152 and An un- I AN ORDINANCE AMENDING THE ZONING ORDINANCE AS TO PARKING OF VEHICLES IN THE SINGLE FAMILY DWELLING DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: (single family dwelling district) of Ordinance No. 261 is hereby amended to read as Section 1. Subsubparagraph (12) of subparagraph (b) of paragraph 2 of Section 3 - follows: - "(12) Parked or stored motor vehicles, boats and trailers.(including unoccupied -travel or camping trailers) licensed and registered to the occupant of the principal use, but not including any truck, tractor or trailer, or other commercial type veh- icle in excess of 7,000 pounds gross weight. permitted to be parked or stored hereunder must be parked or stored in the back yard, except that one passenger automobile may be parked or stored on a private driveway in the front or side yard, or if the average width of t;he building site of a dwelling is 49-feet or less, two passenger automobiles may be so parked or stored," Any motor vehicle, boat or trailer ORDINANCE NO, 143-4 AN ORDINANCE AMENDING ORDINANCE NO. 143, * DEFINING PARKING OF VEHICLES AS A NUISANCE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTAy ORDAINS: Section 1. Paragraph (m) of Section 4 of Ordinance No, 143 of the Village, as amended by Ordinance No. 143-3, is hereby amended to read as follows: 222 1 -. 10/16/67 i "(m) The parking of a truck, tractor or trailer, or any commercial type vehicle in excess of 7,000 pounds gross weight on private property in the Single Family Dwel- ling District, or the constant maintenance in the Single Family Dwelling District of any vehicle, mobile home or marine craft in the space between a dwelling and any pub- lic street, road or way; provided that the parking of one passenger automobile on a private driveway or, if the average width of the building site of a dwelling is 49 feet or less, the parking of two such passenger automobiles on a private driveway shall not be deemed a nuisance." This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinances was seco call there were five ayes and no nays and th Sec. 2. I RITES : - ab- &a Y&L&UL&, Village Clerk ORDINANCE NO. 261-155 GRANTED FIRST READING. Mr. Hite advised that this hearing on Ordinance No. 261-155 which would permit Post Offices as a permitted use in the Office Building District had been-continued from the meeting of October 2. out that additional requirements had been included to provide for screening or en- closing parked vehicles so that they would not be visible from the street. advised that this ordinance as proposed would provide the same restrictions as in the Planned Industrial District whereby irehicles over three-quarter tons have to be stored inside, and vehicles-of three-quarter ton or less may be parked outside but need to be screened from view from the street. Discussion ensued as to the necessity of pro- tecting neighbors as well as passers-by, whereupon Trustee VanValkenburg offered Ordinance 261-155 as follows: ,. ORDINANCE NO. 261-155 He pointed Mr. Hite AN ORDINANCE AHENDING THE ZONING ORDINANCE OF THE VILLAGE AS TO PERMISSIBLE USES AND STORAGE IN THE OFFICE BUILDING DISTRICT Subparagraph (a) of paragraph 2 of Section 8 (Office Building District) THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Ordinance No, 261 of the Village is hereby amended to read as follbws: and used within the Office Building District for the following purposes: Section 1. "(a) Principal Uses. Buildings suitably designed may be erected, maintained, - (1) Offices, business and professional,. - (2) Financial institutions, (3) Post offices." Sec. 2. Sec. 3. "(f) Storage. All raw materials, supplTes, finished or semi-finished products, Subparagraph (f) of paragraph 3 of Section 8 of said ordinance is hereby There is hereby add ed to paragraph 3 of Section 8 of said ordinance a renumbered as subparagraph (g) . new subparagraph (f) reading as follows:. motor vehicles and equipment shall be stored within a completely enclosed-building; provided, however, that motor vehicles necessary to the operation of the principal use and of not more than three-quarter ton capacity may be stored within the permit- ted parking lot areas if screened Erom view from a public street and adjacent prop- erties by a wall not less than 4 nor more than 7 feet in height." passage and publication. Sec. 4. This ordinance shall be in full force and effect immediately upon its ORDINANCES 261-153 AND 2638-1 GRANTED FIRST READING. of Posting on October 5, 1967, were presented by Clerk, approved as to form and order- ed placed on file. vide that all electrical distribution and telephone wires be placed underground. isting installations would be considered a "non-conforming use." Northern States Power Company, Mr. HarryeSpell, advised Council that he feels that the proposed ordinances would be satisfactory if they would be applicable only to residential areas. He requested, however, that First Reading be continued for one year. would be very expensive and impose financial burdens on property owners. This re- quested continuation would give a -recently formed committee of Northern States Power personnel an opportunity tohcomplete their studies on this matter. Mayor Bredesen recalled ehat a few years ago, Northern States Power had advised that it was not practical to install underground wiring in residential areas and that he felt that if the company were pushed, they would soon find practical methods of installing underground wiring in commercial and industrial areas as well as in residential areas. Affidavits of Publication and Mr. Hite presented Ordinances 261-153 and 263A-1 which would pro- Ex- A representative of He pointed out that underground wiring in commercial and industrial areas ,.. -. 10 116167 Trustee Johnson pointed out that the owner of a 40,000 square foot commercial build- ing now nearing completion is willing to pay for underground services as soon as it is available, whereupon he offered First Reading of Ordinances 261-153 and 263A-1 as follows: ORDINANCE NO. 263A-1 AN ORDINANCE AMENDING THE PLATTING ORDINANCE OF THE VILLAGE BY REQUIRING UNDERGROUND INSTALLATION OF ELECTRIC AND TELEPHONE LINES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Ordinance) of the Village are hereby renumbered Sections 6, 7, 8, 9, 10, 11, 12 and 13, respectively. Ordinance No,'263A is hereby amended by adding thereto a new section 5 reading as follows: Section 1. Sections 5, 6, 7, 8, 9, 10, 11 and 12 of Ordinance No. 263A (Platting Sec. 2. "Sic. 5, Underground Installation of Electric and Telephone Wires. All new electric distribution lines (excluding main line feeders,and high voltage transmission lines), telephone service lines, and services constructed within the confines of and providing service to customers in newly platted areas shall be installed underground unless the Council shall find, after study and recommendation by the Planning Commis- sion, that (a) the placing of utilities underground_would not be compatable with the devel- opment planned; (b) the additional cost of burying such utilities would create an undue financial hardship; or (c) unusual topographical, soil or other physical conditions make underground installation of such lines unreasonable or impractical. The platter shall submit to the qlanning Commission a written instrument from each of the utflities showing that the necessary arrangements have been made with the utility for the installation of said facilities." passage and publication. Upon being made effective, a certified copy of this ordinance shall be filed with the Register of Deeds of Hennepin County. Sec. 3. This ordinance shall be in full force and effect immediately upon its Sec. 4. ORDINANCE NO. 261-153 AN ORDINANCE AMENDING THE BY REQUIRING UNDERGROUND INSTALLATION OF . TELEPHONE AND ELECTRICAL DISTRIBUTION AND SERVICE LINES - ZONING ORDINANCE (NO. 261) -OF TIE VILLAGE TIHE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: hereby amended by adding thereto a new paragraph reading as follows: distribution and service lines, except l'high linew transmission systems or three phase feeders, and all telephone lines, shall be placed underground." Sec. 2. amended by adding thereto a new paragraph reading as follows: "8. Underground Installation of Telephone and -Elec&ical Lines. All electrical distribution and service lines, except "high linet1 transmission systems or three phase feeders, and all telephone lines shall be placed underground." amended by adding thereto a new paragraph reading as follows: distribution and service lines, except ,'high line" transmission systems or three phase feeders, arid all telephone lines shall be placed underground. I Sec. 4. Section 6 (Light Industrial District) of Ordinance No, 261 is hereby amended by adding thereto a new paragraph reading as follows: distribution and service lines, except "high line" transmission systems or three phase feeders, and all telephone lines shall be placed underground." amended by adding thereto a new par?graph reading as follows: distribution and service lines, except "high line" transmission systems or three phase feeders, and all telephone lines shall be placed underground." Section 8 (Office Building Distric!) of Ordinance No. 261 is hereby amended by adding thereto a new paragraph reading as follows: distribution and service lines, except "high line" transmission ystems or three phase feeders, and all telephone lines shall' be placed underground." by adding thereto a new paragraph reading as follows: Section 1. "6. Underground Installation of Telephone and Electrical Lines. All electrical Section 3 (Single Family Dwelling District) of Ordinance No. 261 is Section 4 (Multiple Residence District) of Ordinance No. 261 is hereby - Sec. 3. Section 5 (Automobile Parking District) of Ordinance No. 261 is hereby "3. Underground Installatioi of Telephone and Electrical Lines. All electrical "5. Underground Installation of Telephone and Electrical Lines. All electrical Sec. 5. Section 7 (Regional Medical District) or Ordinance No. 261 is hereby "4. Underground Installation of Telephone and Electrical Lines, All electrical Sec. 6. "4, Underground Installation of Telephone and Electrical Lines. All electrical Sec. 7. Section 9 (Commercial District) of Ordinance No. 261 is hereby amended 224 . ._ r, 10/16/67 See. 7. "12. Underground Installation of Telephone and Electrical Lines. All electrical Section 9 (Commercial District) of Ordinance No. 261 is hereby amended by adding thereto a new paragraph reading as follows: distribution and service lines, except Ifhigh line" transmission systems or three phase feeders, and all telephone lines shall be placed underground." amended by adding thereto a new paragraph reading as follows: distribution and service lines, except "high line" transmission systems or three phase feeders; and all telephone lines shall be placed underground." passage and publication. CLAGRAMAR I11 ADDITION GRANTED FINAL PLAT APPROVAL. Edina Courier-on October 5, 1967, was presented by Clerk, approved as to.form and ordered placed on file. Mr. Hite presented Clagramar I11 Addition for final plat approval, stating that utilities are available for this subdivision which lies west- erly of Countryside School. Commission and moved its adoption. Sec. 8. Section 10 (Planned Industrial District) of Ordinance No. 261 is hereby "7. Underground Installation of Telephone and Electrical Lines, All electrical I Sec. 9. This ordinance shall be in full force and effect immediately upon its .- Affidavit of Publication in the Trustee VanValkenburg then offered the following reso- -1ution for final plat approval of Clagramar 111 Addition as recommended by Planning .. RESOLUTION APPROVING FINAL PLAT OF CLAGRAMAR THIRD ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Clagramar Third Addition," platted by Claude 'IJ. Callaghan and Grace B. Callaghan, husband and wife, and presented at the Meeting of the Village Council of October 16, 1967, be and is hereby approved. Motion for adoption of the resolution was sec nson and on rollcall there were five ayes and no nays and the re ATqST: J' Village Clerk .. I HEARING DATES SET FOR PLAT APPROVALS. Upon recommendation of Mr. Hite, hearing date of November 6, 1967, was set for preliminary plat approval for M. P. Johnson's Pros- pect Hills, Pohlad Addition, Schluter Addition, Wallings's Second Addition and for final plat approval of Beckstrorn Addition and Nordic Circle Addition by motion of Trustee MacMillan, seconded by Trustee Courtney and carried. GLEASON ROAD SIDEWALK action was continued upon recommendation of Mr. Hite. FRANCES RUSS NOTICE OF CLAIM FILED. Mr. Hite advised Council that Mrs. Frances Russ had filed Notice of Claim against the Village, which claim has been referred to the insurance company and the Village Attorney. SHELL OIL COMPANY-T?ILLIAM F. 0"EILL SUIT FILED. Mr. Hite advised Council that Shell Oil Company and William F. O'Neill have filed suit relative to denial of their zoning requests for the southwest corner of Xerxes Avenue and Heritage Drive. has been referred to the Village Attorney. DEWEY HILL ROAD GRADE CROSSING PROPOSAL CONSIDERED. Mr. Hite advised Council that the request of the Village for a grade crossing at Dewey Hill Road had been approved by the Public Service Commission. He advised that of the estimated cost of $17,000, a ten percent share will be paid by the Village from State Aid funds and the remain- der will be paid by the Highway Safety Fund of the State of Minnesota. Mr. Hite ex- pressed surprise that none of the cost had been assigned to the railroad even though the signal was being installed so that industrial development could occur along the railroad. to take bids when spending governmental funds. BROOKSIDE AVENUE STREET VACATION HEARING DATE SET. Trustee MacMillan's motion setting hearing date for the vacation of Brookside Avenue north of the Grandview Area was seconded by Trustee Johnson and carried. The matter c The Village Attorney will check to see why the railroad is not required Upon recommendation of Mr. Hite, EASEMENT VACATI0NS.HEARING DATES SET. Upon recommendation of Mr. Hite, November 6 was set as hearing date for easement vacations between Lots 5 and 6, Edina Inter- change Center and in Scenic View Second Addition by motion of Trustee Courtney, seconded by Trustee Johnson and carried. I -EDINA TO CONSIDER JOINING SUBURBAN LIBRARY SYSTEM. Mr. Hite and Mayor Bredesen reported that they had attended a recent meeting of the Hennepin County Library 10 /16/67 j -NINE MILE CREEK WATERSHED DISTRICT GRANT TO BE AGAIN REQUESTED. Mr. Hite advised Council that the Nine Mile Creek Watershed District has advised the Village that $45,000 has been allocated in their 1968 Budget for the development of projects within the Watershed District. He recalled that on August 7, 1967, Council had requested assistance from the Watershed District in the amount of $150,000 for acqui- sition of land in the Mud Lake District and recommended that the Village once again submit its request for $150,000. as adopted on August 7, 1967, be resubmitted to the Watershed District. Motion was seconded by Trustee Johnson and carried. MINNEHAHA CREEK WATERSHED ADVISERS RECOMMENDED. Mr. Hite advised Council that the . Minnehaha Creek Watershed District had requested that Council recommend two members to serve on the Minnehaha Creek Watershed District Advisory Committee and recommended that one member of the Village staff and Mrs, George Taylor, 4368 Vernon Avenue, be so recommended. Trustee MacMillan's motion recommending Mr. Kenneth Rosland, Dir- ector of Parks and Recreation and Mrs. Taylor was seconded by Trustee Johnson and carried. Trustee MacMillan then moved that the resolution .,. Board to discuss the Library Board's proposed capital program. Louis Park had asked that the proposed program, particularly its proposal to have the County purchase municipallibraries, be rejected, but that recent newspaper art- icles indicated that the Board apparently intended to proceed with its proposed program. $221,000 in 1967, and were proposed to be increased to $317,000 'in 1968. sponse to a question, Mr. Hite estimated that the annual operating cost of the new Edina Branch would not exceed $100,000 to $150,000. He noted that the County levy also provided Edina residents the use of the Minneapolis library and that this sera vice was necessary because of the extensive collection in the central library. He suggested that Edina might want to consider the feasibility of establishing a local -library system in conjunction with other nearby suburbs rather than relying on Henn- epin County to supply all of the.Village's library needs. He noted that a recent Attorney General's opinion indicated that the County might be able to continue a library levy in communities that established their own libraries, but that it was -not clear as to what the amount of that levy might be. proposed County Library levy of 6.75 mills in 1968 would be equal to 1/4 of the total Village levy. determine whether it would be feasible for Edina to either independently or in con- junction with other suburbs, operate its own library service was seconded'by Trustee Johnson and carried unanimously. Both Edina and St. Mr. Hite reported that the County Library taxes in Edina amounted to In re- It was also noted that the Trustee VanValkenburg's motion that a study be undertaken to MUD LAKE LAND ACQUISITION AUTHORIZED. properties be acquired for Mud Lake improvement. for 2.13 acres and a house belonging to Mr. Harold G. Rohner, 6000 Olinger Road. Payments would be made over a period of five years, interest free, with seller to -pay taxes payable in 1967, and all special assessments, and to have use of the home on the property until December 31, 1968, for $50.00 monthly rent. Six months va- cation notice would be required thereafter. Mr. Hite then recommended the acqui- sition of 19.2 acres owned by Margaret Mary Fisher at a cost of $79,632.70 includ- ing special assessments, with seller to pay taxes due in 1967. Cost of both tracts of land is within the $280,000 authorized by Council on August 21 for Mud Lake land acquisition. Motion of Trustee Johnson was then seconded by Trustee MacMillan and carried for acquisition of Parcels.6600, 6210, and 1400 of Sec. 32, T. 117, R. 21. Mr. Hite recommended to Council that two It is proposed to pay $26,000 ELECTION CANVASSING BOARD APPOINTED. is required by law to act as a Canvassing Board for the Annual Village Election, Trustee VanValkenburg's motion appointing Messrs. Sam Cote, James Hahn, and Wayne Michael to serve as the official Canvassing Board, with right of substitution, was seconded by Trustee Johnson and carried. Being advised by the Clerk that the Council, ORDINANCE NO. 53 ADOPTED. Mr. Hite presented Ordinance No. 53 which establishes a Building Construction Codes Commission for Second Reading. No ,objec.tions or comments being heard, Trustee Johnson offered Ordinance No. 53 for Second Reading and moved its adoption as follows: ORDINANCE NO. 53 . AN ORDINANCE ESTABLISHING A BUILDING CONSTRUCTION CODES COMMISSION, AND DEFINING ITS POWERS AND DUTIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: 10/16/67 Section 1.. Creation of Building Construction Codes Commission. There is here- by created a Building Construction Codes Commission consisting of five members, viz.: three public members, who shall be residents of the Village qualified by training and experience to pass upon matters pertaining to building-construction, and the Building a vote, Sec, 2. Appointment of Public Members. The public members shall be appointed by the Mayor with the consent of a majority of the members of the Village Council. Members of the Commission shall be appointed.to serve for a term of three years, ex- cept that in making the initial appointments, one member shall be appointed in Janu- ary of each year for terms beginning on the 1st day of February in the same year. - Every member shall before entering upon the discharge of his duties take an oath that he will faithfully discharge the duties of his office. of-a public member to become vacated: death, disability or failure to serve, removal from office, removal of legal residence from the Village, resignation in writing, or failure to uphold the oath of office. the unexpired portion of the term. time, with or without cause, by the May%& with the consent of a bers of the Village Council. have the right to be reimbursed for expenses incurred in.performing their duties. public members. Meetfngs shall be held at the call of the Chairman. and findings shall be reported in writing to the Village Manager. 'Inspector and the Chief of the Fire Department. The latter two members ahall not have I ~ Sec. 3. Vacancies and Removals, -Any of the following shall cause the office Vacancies shall be filled as soon as may be for A public member may be removed from office at any majority of the mem- . Sec. 4, Compensation. All members shall serve without compensation, but shall See. 5. Organization, The Commission shall elect a chairman from among its The Building Inspector shall act as Secretary of the Board. Sec. 6, Procedure. The Commission shall determine its own rules and procedure. - All decisions, recommendations Sec. 7. Powers and Duties.. The Commission shall: (a) consider appeals taken by any person from any order, requirement, permit, - decision, refusal or determination made by the Building Inspector or the Chief of the Fire Department or the Public Health Sanitarian in the application or administration of the ordinances of the Village regulating construction, alteration, moving or demo- lition of buildings, the construction, installation, alteration ,or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or the installation, alteration or removal of electrical wiring or equipment; advise the Building Inspector and the Council as to the suitability of alternate materials and types of construction to assist in progressive development of the pro- vfsions of the building, plumbing, heating, gas piping, electrical and fire abatement or prevention codes or ordinances of the Village, and to make recommendtions relative thereto ; (c) study and review from time to time the building, plumbing, heating, gas piping, electrical and fire abatement or prevention codes or ordinances of the Village and similar code provisions applicable in communities surrounding the Village and such other c6des as may come to their attention, and to recommend to the Council such new legislation as to the Commission may deem desirable; and ing-Inspector and make recommendations relative thereto. hereof, the Commission may waive any requirement of any of the ordinances therein referred to, but only if the reason for such requirement does not exist because of the unusual use, location or type of construction of the structure, or if the person taking the appeal demonstrates to the satisfaction of the Commission the purpose of such requirement is met by other means.or methods, its passage and publication. Motion for adoption of the ordinance was rollcall there were five ayes and no nays a I (b) study and review newstypes of materials and methods of construction, and I* (d) consider matters referred to the Commission by the Council or by the Build- - Sec. 8. In considering any appeal as authorized by paragraph (a) of Section 7 Sec. 9, This ordinance shall be in full force and effect immediately upon I ATTEST : Village Clerk CAT CONTROL ORDINANCE CONSIDERED. cats to be a nuisance in certain cases. Under the proposed ordinance, the complain- ant would submit a written complaint to the Animal Control officer of the Village, stating the acts committed by the cat and the name of the cgt's owner. The Animal Control Officer would then notify the owner that the cat should be restrained from committing any more such actions. Thereafter, if the cat continues to commit such Mr.. Hite presented Ordinance No. 35, declaring "2 7' /-) 10/16/67 \ acts, the owner could be convicted of maintaining a nuisance. that a survey which appeared in the October, 1967, issue of "Minnesota Municipalities" showed that of the 234 municipalities contacted, only five required licensing of cats. Motion of Trustee MacMillan to continue the matter to the meeting of November 6, was seconded by Trustee Johnson and.carried. advised Council that she was convinced that licensing and leashing of cats as she had originally proposed would not be an effective measure of control, and that she feels that the proposed ordinance will alleviate most of the nuisances caused by cats. Mr. Hite pofnted out Mrs. Kenneth Cameron, 6212 Ashcroft Lane, TRACY AVENUE - VALLEY VIEW ROAD STREET SIGNS TO BE INSTALLED. Trustee MacMillan asked when the street signs would be installed in the Valley View Road - Tracy Avenue area, stating that the lack of street signs is causing much confusion in locating addresses in that area. area and will be installed, but that it might be necessary to change some of the street names in order to eliminate existing confusion. Mr. Hife replied that the signing scheme has been worked out for that $2,000,000 IMPROVEMENT BONDS TO BE SOLD. $2,000,000 improvement bonds be sold, Trustee MacMillan offered the following reso- lution and moved its qdoption: RESOLUTION PROVIDING FOR THE PUBLIC SALE Upon recommendation of Mr. Dalen that OF $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: provisions of Chapter 429, Minnesota Statutes, the Village has contracted for con- struction of various local improvements, the cost of which will he not less than $2,000,000, which amount must be borrowed by issuance of Improvement Bonds. This Council shall meet at the time and place specified in the form of notice hereinafter prescribed for the purpose of receiving, opening and considering sealed bids for, and awarding the sale of, general obligation Improvement Bonds of the Village in the total principal sum of $2,000,000. The Village Clerk, is hereby authorized and directed to cause notice of the time, place and purpose of such meet- ing to be published in the.officia1 newspaper of.the Village and in the Commercial West, a financial periodical published in Minneapolis, not less than 10 days before - the date of said meeting, which notice shall be in substantially the following form: $2,000,000 GENERAL OBLIGATION IMPROVEMENT BONDS - 1. It is hereby found, determined and declared that in accordance with the 2. *, ,NOTICE OF SALE VILLAGE OF EDINA, HETWEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the Village Council of the Village of Edina, Henn- epin County, Minnesota, will meet at the Viilage Hall, 4801 West 50th Street,-in said Village on November 20, 1967, at 7:OO o'clock pa., C.S.T., to receive, open and consider sealed bids for, and award the sale of, $2,000,000 general obligation Improvement Bonds of the Village, to be issued under authority of Minnesota Statutes, Chapters 429 and 475. The bonds will be dated as of December 1, 1967, and will be in bearer form, numbered consecutively, in the denomination of $1,000 or $5,000 each, as requested by the successful bidder within 48 hours after award of sale. The bonds will bear interest at the rate or rates specified by the successful bidder, subject to the limitations stated below, represented by negitiable coupons, payable semi- annually on June 1 and December 1 of each year, commencing June 1, 1968. The bonds will mature in order of serial numbers and without option or prior payment in the amount of $200,000 on December 1 in each of the years 1970 through 1979. Principle and interest will be made payable at any suitable banking institution designated by the successful bidder within 48 hours after award of sale, subject to approval by the Village Council, and the Village will pay the reasonable and customary paying agency charges. Village will furnish and deliver anywhere in the continental United States the printed and executed bonds, the customary certificate as to absence of litigation, and the un- qualified approving legal opinion of Messrs. Dorsey, Marquart, Windhorst, West & Hal- liday, of Minneapolis, Minnesota, whose opinion will be printed on the bonds. Payment for the bonds must be made in Federal Funds on the date of delivery. Sealed bids marked "Bid for $2,000,000 Improvement Bonds" may be mailed or de- livered to the undersigned Village Clerk and must be received at her office prior to the time of said meeting stated above. ditional except as to legality, which may be conditioned upon the legal opinion des- cribed above, and must be accompanied by a cashier's check, certified check or bank draft in the amount of $40,000, payable to the Village, to be retained by the Village as liquidated damages in the event the bid is accepted and the bidder fails to comply therewith. Interest rates specified in any bid must be such that all bonds maturing on the same date bear interest from date of issue to maturity at the same basic rate of interest; bids may provide that some or all of the bonds shall bear additional in- terest, represented by supplemental or *'B" coupons coming due on regular interest Within 40 days after award of sale and without cost to the purchase2 the Each bid must be sealed and must be uncon- 228 i 1. 10/16/67 dat ~ for part or 11 of their terms. Each interest rat specified must b in an integral multiple of 1/4, 1/8, or 1/10 of 1% per annum, and no-rate or combin- ation of rates applicable to any bond for any period of its term may exceed 6% per annum. Bids will be compared on the basis of net interest cost, i.e., total interest from date of issue to stated maturities on all bonds, less any cash premium. No oral bid, nor any bid of less than par and accrued interest for all of the bonds, will be considered. The Village Council reserves the right to reject any and all bids, to waive any informality in any bid, and to adjourn the sale if deemed expedient. Dated October 16, 1967. BY ORDER OF THE VILLAGE COUNCIL -. Florence B. Hallberg Village Clerk Edina, Minnesota 3. Each and all of the terms and provisions of the foregoing form of notice * are hereby adopted as the terms and conditions of said bonds and of the sale thereof. ayes and no nays-and the resolution was adopt Motion for adoption of the resolution was . - ATTT : Mayor 9LA4h Village Clerk PURCHASE OF BLACK DIRT FOR GARDEN PARK AUTHORIZED. Upon recommendation of Mr. Ros- land that 1,500 yards of black dirt be purchased at $1.25 per yard for Garden Park, Trustee Courtney's motion for approval of the purchase was seconded by Trustee John- son and carried. CLAIMS PAID. of the following Claims as per Pre-List: $468,882.73; Park, Park Construction, Swim Pool, Gold Course and Arena, $112,617.76; Water Fund, $12,584.91; Liquor Fund, $75,334.59; Sewer Rental, $862.95; Improvement Funds, $418,989.46; Poor Fund, $111.06; Total, $1,145,236.40. Motion of Trustee MacMillan was seconded by Trustee Johnson for payment General Fund, $55,852.94, Construction Fund, The agenda's business having been covered, Trustee VanValkenburg's motion for adjourn- ment was seconded by Trustee Courtney and carrieg. Adjournment at 9:45 p.m. - Village Clerk