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HomeMy WebLinkAbout19671120_regularMINUTES OF THE mGULAR MEETING-OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON - ,. MONDAY, NOVEMBER 20, 1967 Members answering rollcall were Trustees Courtney, MacMillan and VanValkenburg who 1 served as Mayor Pro Tem in the,absence-of-Mayor Bredesen. MINUTES of the Meeting of November 6, 1967, were approved as submitted by motion of Trustee MacMillan seconded by Trustee Courtney and carried. - LOUKAS M. ANGELUS RECOGNIZED. .Mr. Loukas M. Angelus of the Assessor's office was presented an award designating him as a Certified Minnesota Assessor and also a cert- ificate from the Minnesota Institute of Real Estate Apprsisers for completion of the Institute's Course, Real Estate Appraisal I at the University of Missouri. Mr. Hyde commended Mr. Angelus and pointed out that he is one of the few Assessors in the state who has completed the course and is making a special effort to assess Village proper- ties on a scientific basis. BIDS AWARDED FOR IMPROVEMENT BONDS. lication in the Commercial West and in the official newspaper of a notice of sale of $2,000,000 Improvement Bonds of the Village, for which bids were to be received at this meeting in accordance with a resolution adopted by the Village Council on Oct- ober 16, 1967, which were approved and ordered placed on file. At this time Mayor Bredesen entered the meeting. ed which were thereupon opened and read, and the highest and best bid of each bidder was found to be as follows: The Village Manager presented affidavits of pub- The Village Clerk announced that bids had been receiv- Name of Bidder Maturity Dates Interest Rate Av. Int. Rate Premium First Natl. Bank of St. Paul ) 1970-74 incl. 4.00 4.24400 None Dain, Kalman &.Quail, Inc. ) 1975-76 incl. 4.10 LaSalle National Bank ) 1977-79 incl, 4.20 Northaesfern National Bank 1 Piper, 'Jaffrey & Hopwood ) Caldwell Phillips , Inc. ) First Edina National Bank ) 1st S'Dale Natl. Bank of Edina)+ Hartford Natl. Bank'& Trust Co.) 1970-71 incl. 4.00 Paine, Webber, Jackson & Curtis) 1972 4.10 Shearson, Hammill & Co.,'Inc. ) 1973-75 incl. 4.20 Stern Brothers & Co. ) 1976-77 incl. 4.25 Barcus, Kindred & Co., Inc. ) 1978-79 incl. 4.30 Juran &Moody, Inc. 1 Ball, Burge & Kruse 1 E. J. Prescott & Co. . 1 McDougal & Condon, Inc, ) Channer Newman Securities Co. ) 4.3680 Continental Illinois Natl.,Bank) 1970 5.00 4.39091 White Weld & Co. ) 1972-73 incl. 4.10 Hornblower & Weeks-Hemphill , ) 1974-75 incl. 4.20 Noyes ) 1976-77 incl. 4.25 & Trust Co. of Chicago ) 1971 4-3/8 Carlton D. Beh Co. ) 1978-79 incl. 4.30 Ebin, Robertson & Co., Inc. Reynolds & Co. , Loewi & Co., Inc. , Milyaukee McDonald & Co., Cleveland E. F. Hutton & Co., Inc., Hutchinson, Shockey, Erley & Chicago Co., Chicago ) 1970 4.00 ) 1971-73 incl. 4.10 .) 1974-76 incl. 4.20 ) 1977 4.25 ) 1978-79 incl. 4.30 1 W. H. Morton & Company ) 1970-71 incl. 6.00 1972 4.20 1973 4.25 1974-75 incl. 4.30 1976-79 4.40 -5 4.4049 None $196.60 None 4.. 49 7 33 $1,000.00 After consideration of the foregoing bids , Councilman MacMillan introduced the following resolution and.moved its adoption: RESOLUTION AWARDING SALE OF $2,000,000 IMPROVEMENT BONDS BE 'IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that the bid of the First National Bank of St. Paul, Minnesota, and associates, to purchase -$2,000,000 Improvement Bonds of the Village to be dated as of December 1, 1967, in 11 I20 I67 accordance with the notice of sale heretofore duly published by the Village, is hereby found and declared to be the best bid received for the purchase of said bonds, and should be and is hereby accepted, said bid being to purchase said bonds at a price of par and accrued interest, (no premium), the bonds to bear interest at the follow- ing respective rates per annum, from date of issue until paid: Maturity Years Interest Rates (December 1) 1970-1974 Inclusive 4.00 1975-1976 Inclusive, 4.10 1977-1979 Inclusive 4.20 and bonds maturing in the years 1970 through 1979 to bear additional interest at the rate of 1.20% per annum, from February 1, 1968, to December 1, 1968, to be represented by a separate set of rrBcl coupons. The Mayor and Village Clerk are hereby authorized The-Village Clerk is directed to retain the good faith check of said successful bidder pending delivery and payment for the bonds, and to return all other good faith checks forthwith. The motion for the adoption of the foregoing resolution was duly seconded by Councilman VanValkenburg, and upon vote being taken thereon, the following voted in the resolution was duly adopted. and directed to endorse the successful bid to show the acceptance. favor thereof: Trustees Courtney, Mayor ATTEST: %ge A cie Councilman VanValkenburg then introduced the following resolution and moved its adop- tion: RESOLUTION AUTEIORIZING THE XSSUANCE, OF $2,000 , 000 GENERAL OBLIGATION IMPROVEbENT BONDS, PRESCRIBING . THEIR TERMS AND FORM, AND PROVIDING FOR THEIR PAYMENT - - BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : of $2,000,000 Improvement Bonds of the Village to finance the construction of the improvements designated below, the actual or estimated-cost of the improvements be- ing set forth opposite their designations: 1. This Council, by its resolution dated October 16, 1967, authorized the sale ~ I c ACTUAL OR ESTDlAmD - IMPROVEMENT Sanitary Sewers: DESIGNATION TOTAL COST . Sanitary Sewer No, 250 $ 26,349-95 . Sanitary Sewer No. 252 8,894.33 Sanitary Sewer No. 254 -7 , 609.06 Sanitary Sewer No. 255 82,243;98 Sanitary Sewer No, 256: 18 , 248.78 Sanitary Sewer No. 258 28,450 , 83 Sanitary Sewer No, 260 11,176.28 - Sanitary Sewer No. 253 6,389.57. I - Sanitary Sewer No. 259 20,231.95 : . - - Storm Sewers: * Storm Sewer No. 100 ) Storm Sewer No. 107 ) 34,206.87 - I. Storm Sewer No. 109 - 21,709.13 - Storm Sewer No. 110 21,828.15 Watermains : Watermain No. 209 Watermain No. 212 Watermain No, 213 Watermain No. 214 Watermain Nos 215 Watermain No. 216 Watermain No. 217 Watermain No. 219 Watermain No. 220 Watermain No. 221 - 22 , 557.03 225,990,53 10 , 144 . 38 211,071.00 I- 83,409.50 41 , 983.30 23 327.75 23 , 764.18 38 520.40 - 4,511.91 2 I .. Street Improvements : Street Improvement No, E-19 ) Storm Sewer No. 93 1 100,883,24 11 , 626.53 Street Improvement No. E-24 Street Improvement No. BA-70 34 , 993.93 77 , 040.34 11/20/67 Street Street Street Street Street Street Street Street Street Street Street Improvement Improvement Improvement Improvement Improvement Improvement Improvement Improvement Improvement Improvement Improvement No. No. No. No. No. No. No. No. No. No. NO BA- 94 BA- 102 BA-103 BA-103 BA-104 BA-105 BA- 10 6 BA-107 BA-108 A-165 BA-112 $ 302,663.90 127 , 851.06 51,387.52 30 , 365.92 65 , 221.22 14 , 7 9 1.65 , 6,006.97 23,155.48 8,543.70 5,571.18 123,823.95 Ornamental Lighting Improvement No. 4 34,120.50 . Bridges : Bridge Improvement No. BR-2 Total 78,635 .OO $2,069,300.95 2. The bonds to be issued for the purpose described above shall be designated as Improvement Bonds, shall be in the total principal amount of' $2,000,000, shall be dated as of December 1, 1967, shall be 400 in number and numbered from 1 through 400, each in the denomination of $5,000, shall mature in order of serial numbers on December 1, in the years and amounts set forth below, without option of prior pay- ment, and shall bear interest from date of issue until paid at the annual rates set forth opposite such years and amounts, respectively: Rate - Year Amount 1970 $200,000 4.00% - 1971 200 y 000 4.00% 1972 200 000 4.00% 1973 200 , 000 4.00% 1974 200 , 000. 4.00% Rate - Year Amount 1975 $200,000 4.10% - 1976 200; 000 4.10% 1977 200 , 000 4.20% 1978 200,000 4.20% 1969 200 , 000 4.20% i- Bonds maturing in the years 1970 through 1979 shall bear additional interest rep- resented by separate and detachable l1BV1 coupons appurtenant to each bond, from February 1, 1968, to December 1, 1968, at the rate of 1.20% per annum. Interest on the bonds shall be payable June 1, 1968, and semiannually thereafter on each December 1 and June 1. ional Bank of St. Paul, Minnesota, or Northwestern National Bank in Minneapolis, Minnesota. The Village hereby agrees to pay reasonable and customary charges of said paying agent for the receipt and disbursement of such principal and interest moneys. Both principal and interest shall be payable at First Nat- 3. The bonds and coupons appurtenant thereto, and the legal opinion certifi- cate on the reverse side thereof, shall be printed in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE OF EDINA IMPROVEMENT BOND NO $ KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, Hennepin County, Minnesota, acknowledges itself to be indebted and for value received hereby prom- ises to pay to bearer the sum of THOUSAND DOLLARS on the 1st day of December, 19 , without option of prior payment, to pay interest on said principal sum from the date hereof until said principal sum is paid at the rate of per cent ( %) per annum, and to pay additional interest on said principal sum from , 19 , to , 19 , at the rate of per cent ( %) per annum. Interest to maturity is represented by and payable in accordance with and upon presentation and surrender of the interest coupons appw- tenant hereto, which are in two sets,. one set representing interest at said basic rate from date of issue to maturity, and the other set, 'designated as "B1' coupons, representing interest at the additional rate and for the limited period stated above. Interest is payable on June 1, 1968, and semiannually thereafter on each December 1 and June 1. Both principal and interest are payable at , in Y , in any coin or currency of the United States of America which on the respective dates of payment is legal tender for payment of pub- lic and private debts. For the prompt and full payment of such principal and interest as the same become due, the full.faith, credit and taxing powers of the Village have been and are hereby irrevocably pledged. like date and tenor except as to serial number, maturity date and interest rate, This bond is one of an issue in thebtal principal amount of $2,000,000, all of 1. 44- J issued for the purpose of defraying expenses incurred and to be incurred by the Village in constructing local improvements, and is issued pursuant to and in full conformity with the Constitution and,laws of the State-of Minnesota thereunto en- abling, including Chapter 429,. Minnesota Statutes, and-pursuant to resolutions duly adopted by the Village.Counci1. Bond Redemption Fund of the Village, but the Council is required by law to pay matur- ing principal and interest out of any funds in the treasury if moneys on hand in said Redemption Fund are insufficient therefor, IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions, and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed preliminary to and in the issuance of this bond in order to make it a valid and binding general obligation of said Village according to its terms, have been done, do exist, have happened and have been per- formed as so required; that prior to the issuance hereof the Village has covenanted and agreed to levy special assessments upon property benefited by local improvements, which are estimated to be collectible in the years and in aggregate amounts not less than 5% in excess of sums sufficient to pay the interest on and principal of all bonds payable from said Redemption Fund as they respectively become due, and has irrevocably pledged and appropriated assessments in such aggregate amounts to said Redemption Fund; that, if necessary to pay such principal and interest, the Village is required by law to-levy ad valorem taxes on all taxable property within its corporate limits, without limitation as to rate or amount; and that the issuance of this bond does not cause the indebtedness of said Village to exceed any constitutional or statutory limitation of indebtedness. Village Council, has caused this bond to be executed in its behalf b-y the printed facsimile signature of the Mayor and the manual signature of the Village Manager, and sealed with a facsimile of its official seal, has caused the interest coupons hereto appurtenant and the certificate appearing on the reverse side hereof-to be executed and authenticated by the facsimile signatures of said officers, and has caused this bond to be dated as of December 1, 1967. ATTEST: Mayor This bond is payable primarily from the Improvement - I IN WITNESS WHEREOF the Village of Edina, Hennepin County, Minnesota, by its (Facsimile signature) Village Manager I I (SECIL) No. $ (Form of Coupon) On the first day of June (December) , 19 , the Village of Edina, Hennepin County, Minnesota, will pay to bearer at , in , the amount shown shown hereon in lawful money of the United States of America, for interest then due on its Improvement Bond, dated December 1, 1967. Y (Facsimile signature) Village Manager (Facsimile signature) Mayor (Form of certificate to be printed on the.reverse side of each bond, following a full copy of the legal opinion on the issue) We certify that the above is a full, true and correct copy of the legal opinion rendered by bond counsel on the issue of bonds of the Village of Edina, Hennepin County, Bfinnesota, which includes the within bond, dated as of the date of delivery of and payment for the bonds. (Facsimile signature) (Facsimile signature) Village Manager Mayor 4. shall be executed on behalf of the Village by the printed facsimile signature of -the Mayor, attested by the manual signature of the Village Manager, and sealed with a facsimile of the official seal of the Village. On the reverse side of each bond shall be printed a copy of the legal opinion rendered by bond counsel and the cer- tificate of the Mayor and Manager relating thereto. The legal opinion certificate and the interest coupons appurtenant thereto shall be executed and authenticated by the facsimile signatures of said Mayor and Village Manager. been so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and said purchaser shall not be obligated to see to the application of the bond proceeds. The proceeds shall be deposited in the 1967 Improvement Construction Fund established below. Said bonds shall be prepared under the direction of the Village Clerk and When said bonds have c 11/20/67 5. There is hereby created a separate fund of the Village designated as Ill967 Improvement Constructton Fund," which shall be maintained until payment of all costs and expenses incurred in construction and financing the improvements designated in paragraph 1 hereof. each of said improvements; and into each such account shall be paid such amount of the proceeds of the bonds herein authorized as may be necessary, with other funds on hand, to pay all costs of the improvement for which the account was established. There shall also be credited to each account, until all costs of the improvement for which the account was established have been paid, all special assessments levied with respect to that improvement for which the account was established. incurred with respect to each improvement, the account for that improvement shall be discontinued and any bond proceeds remaining therein may be transferred to the aaDunt established for construction of any other improvement instituted pursuant to Chapter 429, Minnesota Statutes. All special assessments and taxes then on hand in said account or thereafter received, and any bond proceeds not so transferred, shall be transferred to the Improvement Bond Redemption Fund of the Village. In said Fund there shall be established a separate account for After payment of all costs 6. The bonds herein authorized to be issued shall be payable from the Improve- ment Bond Redemption Fund of the Village, which fund the Village agrees to maintain until all bonds payable therefrom have been paid in full. should at any time be insufficient to pay principal and interest due on said bonds, such amounts shall be paid from other funds of the Village, and such other funds shall be reimbursed therefor when sufficient money .becomes available in said Improvement Bond Redemption Fund. If the money in said Fund 7. The Village hereby covenants and agrees that, for the payment of the cost of the improvements financed by the issuanc.e of the bonds herein authorized, the Village has done or will do and perform all acts and things necessary for the final and valid levy of special assessments in a principal amount not less than $2,069,300.95, the amount to be assessed for each such improvemenr to be not less than 20% of the cost thereof. Said assessments shall be payable in annual installments, to be spread upon the tax rolls of the Village for collection with other taxes of the Village in the years 1967 through 1986, or earlier, with interest on unpaid installments thereof from time to time at the rate of 6% per annum. In the event that any such assessment shall be at any time held invalid with respect to any lot or tract of land, due to any error, defect or irregularity in any action or proceedings taken or to be taken by the Village or by this Council or by any of the officers or employees of the Village, either in the making of such assessment or in the performance of any condition precedent thereto, the Village hereby covenants and agrees that it will forthwith do all such further things and take all such further proceedings as shall be required by law to make such assess- ment a valid and binding lien upon said property. 8. The full faith, credit and taxing powers of the Village are hereby pledged to the payqent of the bonds and the interest therein. No tax will however be levied for this purpose at this time since.it is estimated that the collections of all special assessments appropriated to said Improvement Bond Redemption Fund and the interest thereon, together with the cash on hand in said Fund, will he not less than 5% in ex- cess of the amounts needed to pay all principal and interest when due on all bonds payable from said Fund, including the bonds herein authorized. 9, The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County a certified copy of this resolution and to obtain from said County Auditor aicertificate stating that said bonds have been entered upon his bond register. 10. The officers of the Village and said County Auditor are hereby authorized and directed to prepare andafurnish to the purchaser of said bonds and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records relating to said bonds and to the financial affairs of the Village, and such other affidavits, certificates and information as may be. required to show the facts relating to the legality and marketability of said bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidxvits including any here- tofore furnished, shall be deemed representations of the Village as to the facts re- cited therein. The motion for the adoption of the foregoing resolution was duly seconded by Councilman Courtney, and upon vote being taken thereon, the following voted in favor resolution was declared duly adopted. thereof: Trustees Courtney, MacMillan, ATTEST : Mayor \ 11/20/67 NINE MILE WEST ADDITION SANITARY SEWER AND WATERMAIN APPROVED. Affidavits of Pub- lication in the Edina Courier on November.9 and 16, 1967, and of Mailing were pre- sented by Clerk, approved as to form and ordered placed on file. notice given, hearings were conducted and action taken as hereinafter recorded: Pursuant to due . A. CONSTRUCTION OF SANITARY SEWER IMPROVEI!ENT AND APPURTENANCES IN THE FOLLOWING: West 78th St. fron)-Cali&IA;Roadtto Tract "D" Nine Mile West Addition . . -. . Tract "D" Nine tZilE'TJes t .Addft+on*.ErGni; Z' West 78th Streek to' 3501 i- or :- Soua -*- . . On an Easement line. from Tract lrD'y *. Nine Mile West Addition West 613' West 78th St. from Cahill Road to Tract "D" Nine Mile West Additeon Tract "D" Nine Mile West Addition from West 78th Street to 350' 4- or - South On an Easement line from Tract Nine Mile West Addition West 613' . ".-a B . CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN 'THE FOLLOWING: Proposed improvements being in the same area, hearings were conducted concurrently. Nr. Hyde presented total estimated construction cost of the sanitary sewer to be $70,000, $24,800 of which is to be later assigned to lateral extensions into the areas north and west of Nine Mile West. The estimated assessable cost to the Nine Mile West Addition was indicated to be $52,206, proposed to be-assessed at 1.05 cents per square foot. and $36,924 proposed to be charged to the City of Bloomington and assessed by.them against the Bloomington portion of the area. Total estimated cost for the watermain was given at $23,100, proposed to be assessed at 0.465 cents per square foot, $16,330 to be chargeable to the City of Bloomington, and $6,770 to be assessed against Edina properties, Mr. Hyde advised that 100% petition has been received for both improve- ments. and moved its adoption, subject to execution of the proposed cost sharing agreement between the Village of Edina and the City of Bloomington: RESOXUTION ORDERING SANITARY SEWER NO. 264 AND WATERMAIN IMPROVEEENT NO. 225 $15,588 is proposed to be assessed against Edina properties No comments being heard, Trustee Courtney offered the following resolution BE IT RESOLVED by the Village Council of the Village of Edina, gfinnesota, that I- 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 on the following pro- posed improvements, subject, however, to execution of the cost sharing agreement with the City of Bloomington: 1. - 2. and has the CONSTRUCTION OF SANITARY SEWER .AND APPURTENANCES IN THE FOLLOIJING: West 78th St, from Cahill Road to Tract lrD1l Nine Mile West Addition Tract "D" Nine Mile West Addition from Vest 78th Street to 350' + or - South On an Easement line from Tract "D" Nine Mile West Addition West 613' CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: Vest 78th St. from Cahill Road to Tract "D" Nine Mile Best Addition Tract "D" Nine Mile &st Addition from West 78th Street to 350' 4- pr - South On an Easement line from Tract "D" Nine Mile West Addition West 613' at the hearing held at the time and place specified in said notice, the Council duly considered the views of all persons interested, and being fully advised of pertinent facts does hereby determine to proceed with the construction of said improvements including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be re- ferred to in all subsequent proceedings as follows: No. 1 Above SANITARY SEWER IMPROVEMENT NO. 264 No, 2 Above 17ATERMAIN IMPROVEMENT NO. 225 and the area to be specially assessed therefore shall include all lots and tracts of land within the Nine Mile West Addition-and Lot 1, Block 9, Edina Interchange Center, Hennepin County, Minnesota. Motion for the adoption of the resolution was rollcall there were four ayes and no nays ATTEST : Mayor A, Village Clerk 11/20/67 H. J. BACH ZONING HEARING CONTINUED TO DECEMBER 4. the hearing on rezoning property of Mr. H. J. Bach, located at 6329 Brookview Avenue, Mr. Hite advised Council that -- - should be cancelled because Mr.-Bach had failed to submit plans as he had agreed on September 18. Mr. Bach advised that he now has building plans for the property in question and requested that the hearing be conducted as soon as possible. -Trustee Courtney's motion was then seconded by Trustee MacMillan and carried that hearing date for the zoning request be set for December 4, 1967. OFFICE BUILDING DISTRICT ADDITIONAL USES GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. .ton advised Council that this ordinance incorporates inclusion of post offices as a permitted use in the Office Building District as discussed at the Meeting of November 6, 1967, as well as adding private clubs and lodges as permitted uses in the Office Building District. It is further recommended that the required distance between buildings and parking areas be reduced to five feet and that granting of special permits no .longer be permitted. Ordinance 261-155 for First Reading as recommended by Planning Commission as follows: ORDINANCE NO. 261-155 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THF, VILLAGE AS TO PERMISSIBLE USES AND STORAGE AND PARKING SPACE IN THE OFFICE BUILDING DISTRICT Mr; Hoising- No discussion being heard, Trustee Courtney offered THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: of Ordinance No, 261 of the Village is hereby amended to read as follows: used within the Office Building District for the following purposes: Section 1. "(a) Principal Uses. . Buildings suitably designed may be erected, maintained and Subparagraph (a) of paragraph 2 of Section 8 (Office Building District) (1) Offices, business and professional. (2) Financial institutions. (3) Post offices. (4) Private club or lodge except those providing food and/or beverage service to their members on a regular basis." Section 2. hereby amended to read as follows:. "(e) Off-street Parking. Off-street parking facilities accessory to uses allow- ed in the Office Building District shall be provided in accordance with the following requirements and regulations: The required number of off-street parking spaces shall be located on the same property occupied by the principal use or on another adjacent lot or par- cel under the control of the owner of property occupied by the principal use. the purpose of this section such "control'! may be derived from ownership in fee simple or a lease or easement for a period of not less than 25 years. Parking shall be pro- vided on the building lot or within 200 feet thereof; provided, such parking spaces are not separated from the building site by a public street right-of-way. Off-street parking areas ahall be so designed that vehicles can be parked in a convenient and orderly fashion. Parking areas shall be surfaced and maintained with a hard, all-weather, durable, dust-free surfacing mater- ial and shall be properly drained. Each parking space shall be clearly outlined or otherwise marked and shall have a minimum width of 84 feet and a length of 19 feet exclusive of aisles and maneuvering space. Clear aisle widths shall be at least 12 feet for 45 degree parking, 18 feet for 60 degree parking and 24 feet for 90 degree parking. Traffic moving from one part of a parking lot to another shall be capable of doing so without using a public street. All open off-street parking areas shall be effectively screened by a wall or fence of acceptable design, or by a compact hedge along all sides which adjoin or are directly across the street from property in a residential zone. hedge shall be not less than 4 feet high and not more than 6 feet high and shall be maintained in good condition. purposes. ged as to deflect the light away from adjacent properties in residential use. cated closer than ten feet (10') to a side or rear lot line, nor closer than five feet (5') to any building. Subparagraph (e) of paragraph 3 of Section 8 of said ordinance is (1) Location. For (2) Design and Construction. Such.wal1, fence or The wall or fence shall not be used for advertising All lighting used to illuminate off-street parking areas shall be so arran- No parking area shall occupy any required front yard setback nor shall it be lo- (3) Number of Spaces Required - Offices: 1 space for each 250 square feet of floor area. Medical and Dental Offices: Private Club or Lodge: to office use or 1 space for each 3 seats in the largest place of assembly, whichever is greater. Accessory Uses: 8 spaces for each 1,000 square feet of floor area." Sec. 3. renumbered as subparagraph (g) . 6 spaces for each doctor or dentist. 1 space for each 250 square feet of gross floor area devoted Subparagraph (f) of paragraph 3 of Section 8 of said.ordinance is hereby 11 1201 67 Sec. 4. "(f) Storage. All raw materials, supplies, finished or semi-finished products, There is hereby added to paragraph 3 of Section 8 of said ordinance .. a 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 from view from a public street and adjacent proper- ties by a wall not less than 4 nor more than 7 feet in height." Sec. 5. - of said ordinance: l'Club, Private (Non-Profit)" The following definitions are hereby added to Section 11 (Definitions) A non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests, A hall or meeting place of a local branch or the members composing such a branch of a fraternal order, or society, such as the Masons, Knights of Col- umbus, Moose, American Legion and other similar organizations. by repealed. - passage and publication according to law. "Lodge" Sec. 6, Subparagraph (c) of paragraph 2 of Section 8 of said ordinance is here- See. 7. This ordinance shall be in full force and effect immediately upon its PLANNED INDUSTRIAL DISTRICT LOT COVERAGE AMENDHENT APPROVED. Mr. Hoisington pre- sented Ordinance No. 261-154 for Second Reading as recommended by Planning Commis- sion, stating- that this ordinance calls for 45% maximum lot coverage on parcels over three acres in area, and 60% where all loading facilities are enclosed, maximum lot coverage would be required in all other cases. then offered Second Reading for Ordinance No. 261-154 as follows: 30% Trustee VanValkenburg ORDINANCE NO. 261-154 AN ORD*INANCE AMENDING THE ZONING ORDINANCE OF THE VILLAGE AS TO REZULATIONS IN THE PLANNED INDUSTRIAL DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: 10 (Planned Industrial District) of Ordinance No. 261 (Zoning Ordinance) of the - Village of Edina as amended, is hereby further amended to read as follows: Lot Coverage. parcel of land three (3) acres or less in size may be covered by buildings or other structures. - more than three (3) acres in size may be covered by buildings or other structures, except that when the total building floor area on a site is contained within a single building, and when the total area used for loading terminals, docks and berths is . completely enclosed within the same single building, a lot coverage of not more than 60% will be permitted.11 its passage and publication. - Section 1. Subsubparagraph (3) of subparagraph (b) of paragraph 6 of Section "(3) Not more than 30% of the total area of any lot, tract or I Not more than 45% of the total area of any lot, tract or parcel of land Section 2. _This Ordinance shall be in full force and effect immediately upon Motion for adoption of the ordinance call there were four ayes and no nays Mayor ATTEST : $L- RI, . %&, Village Clerk SIOUX TRAIL FOURTH ADDITION ZONING CHANGE APPROVED. Mr. Hoisington presented the request of Mr. Joseph Ruzic for rezoning of -Lot 1 throu613 Sioux Trail Fourth Add- ition, from Open Development District R-1 to Multiple Residence District R-2. He advised that these lots will face on the County Road 18 Service Road and back to houses on Sally Lane. Mr. Hoisington advised that First Reading on this rezoning had been approved September 19, 1966, with the recommendation that Second Reading be withheld pending approval of watershed problems, plat approval and approval of building plans. ed the following ordinance for Secoqd Reading and moved its adoption: ~ These conditions having been met, Trustee VanValkenburg then offer- ORDINANCE NO. 261-137 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 AN ORDINANCE &ENDING ORDINANCE NO. 261 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section 4 (Hultiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: District R-2: "(41) Lots 1 through 13, Sioux Trail Fourth Addition, (formerly des- cribed as -Outlot -. Two, Sioux Trail' Sdcond Addillon; and' Outlot One,'- Si-oux Trail- Third Additionj'l----. 11/20/67 \ Section 2. This Ordinance shall.-be in-full force and effect from and after its publication according to law. it Motion for adoption of- the ordinance was seconded Hrustee Courtney and on roll- call there were four ayes and no nays and ATTEST : Mayor &L.&=e.&d -/ Village Clerk MC CAULEY HEIGHTS THIRD ADDITION R-2 ZONING CONTINUED PENDING FINAL PLAT APPROVAL. Affidavits of Notice of Hearing were presented by Clerk, approved as to form and ordered placed on file. $$ra Hoisington presented request of Mr. Thomas F. McCauley for rezoning of lots abutting the Highway 18 Service Road. Plans as presented have been tentatively approved by Planning Commission as being in compliance with the overall plan for the area. A letter had been received from Dr. Lester Carlander, 6800 Indian Hills Road, expressing opposition to the proposed zoning. Dr. Donald Bell, Mr. Robert Naas, 6320 Post Lane, and Mr. S. E. Halla, 6720 Indian Hills Road, all spoke in opposition of the proposed rezoning, stating that construction of double bungalows would reduce property values and increase traffic. They also advised that it would appear to be "spot zoning" and expressed fear that land located between the lots proposed to be rezoned might later be used for some undesireable use. Mr. Donald Nelson, owner of four acres in the atea, advised that inasmuch as this property is adjacent to the service road, it would be impossible to sell these lots for single family dwellings. Mayor Bredesen advised that he believes that double bungalows have not reduced property values in the Parkwood Knolls area and that he feels that double bungalows would provide for a higher type of development than if single family dwellings should be built. He further advised that he shares the concern regarding the possibility of construction of apartment buildings, town houses or an office building on the property between the lots which are proposed to be rezoned. He recommended that approval of the zoning change be withheld pending ginal plat approval for the area. Trustee MacMillan's motion that the matter be continued pending final plat approval was then seconded by Trustee VanValkenburg and carried. -Y 169 AND PmON OF W. 5 0 TH S-T WS CHANCE D TO -ON AVErJUEL Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde recommended to Council that because of the State of Minnesota no longer controlling T.H. 169, the appropriate name should now be "Vernon Avenue" because it is felt that this name would eliminate confusion since this highway north of 50th Street is presently knopm as Vernon Avenue. Trustee MacMillan then offered Ordin- ance No. 164-39 for First Reading, with waiver of Second Reading and to be effect- ive as of January 1, 1968, as fOllOP7S: ORDINANCE NO. 164-39 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE OF EDINA" THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 164 of the Village, as amended, is hereby further amended by adding after Section 64 the following: "Section 65. 'Highway No. 169' between Interlachen Blvd. and County Road 18 as the same of record in the office of the Register of Deeds of Hennepin County is hereby named 'Vernon Avenue'. "Section 66. 'West 50th Street' between Normandale Road and Interlachen Blvd. as the same of record in the office of the Register of Deeds of Hennepin County is hereby renamed 'Vernon Avenue'." Section 2. This Ordinance shall be in effect from and after January 1, 1968. Motion for adoption of the ordinance was second rollcall there were four ayes and no nays and t VanValkenburg and on ATTEST : Mayor 250 ( 11/20/67 LAGUNA DRIVE STREET VACATION CONTINUED TO DECEMBER 4. Mr. Hyde advised that be- cause the Park Board had not met following the Council Meeting of November 7, it has been suggested that the hearing be continued to December 4. -motion for continuing the hearing to December 4 was then seconded by Trustee Van Valkenburg and carried. Trustee MacMillan's TRACT A. R.L.S. 679 LOT DIVISION APPROVED. Affidavits of Notice were presented b6 Clerk, approved as to form and ordered placed on file. Mr. Hite presented the request of Dunn & Curry, Inc., for approval of Lot Division of Tract A, R.L.S. No. 679 which is located east of T.H. 10, south of West Shore Drive and north of W. 77th Street and presently occupied by an office building. Being advised that the division meets all ordinance requirements and that Planning Commission has recom- -mended approval, Trustee MacMillan offered the-following resolution and moved its adopt ion : WHEREAS, Dunn & Curry, Inc., is the owner of a certain parcel of land in the Vil- lage of Edina described as follows: The South 275 feet of the East 380 feet of Tract "At1, RESOLUTION * Registered Land Survey No. 679; and T.7HEREASY said owner has requested approval of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; EOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordi- nances Nos. 261 and 263-A are hereby waived as to said division and conveyance, sub- ject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval-of this Council as may be provided for by these ordinances. Motion for adoption of the resolution was second-by Trustee Courtney and on roll= call there were four ayes and no nays and *. ATTEST : Mayor - Village Clerk LOT 2, BLOCK 17, HORMANDALE ADDITION LOT DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. presented the request of Mr. Gene W. Knowlton for approval of lot division of Lot 2, Block 1'7, Normandale Addition into the east and west halves. meeting all ordinance requirements, Trustee MacMillan offered the following reso- lution and moved its adoption as recommended by Planning Commission: RBSOLUTION T?HEREAS, Gene W. Knowlton and LaVae A. Knowlton, husband and wife, are the owners The East 1/2 of Lot 2, Block 17, Normandale Addition; and WHEREAS, said owners have requested approval of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcel; and WHEREAS, it: has begn aete2niilnei-l Regulations of the Village of Edina will create an unnecessary hardship and said tract.of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Village Council of the Village of Edina that the conveyance and obmership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approvgl of this Council as may be provided for by these ordinances . Motion for adoption of the resolution was seco rollcall there were four ayes and no nays and Mr. Hite The resulting lots :of a certain parcel of land in the Village of Edina described as follows: f2oMpl,'i-Bridi2 witIi the Subdivision and Zoning D * ATTEST : db, 4, .f&a Village Clerk 11/20/67 LOT 2, BLOCK 12, MENDELSSOHN ADDITION LOT DIVISION APPROVED. were presented by Clerk,,approved as to form and ordered placed on file. presented the request of Mr. Harold D. Davis for approval of lot division of Lot 2, Block 12, Mendelssohn Addition, which action is-merely the addition of the west one- half of the vacated alley to the east of the lot. the following resolution for approval of the lot division as recommended by Planning Commission as follows: FMEREAS, Harold D. Davis and Shirley J. Davis, husband and wife, are the owners of a certain parcel of land in the Village of Edina described as follows: Lot 2, Block 12, Mendelssohn Addition together with the West half of the vat- ated alley to the East of said property, according $0 the map or plat thereof on file and of record in the office of the Register of Deeds, Hennepin County, Minnes- - ota; and WHEREAS, said owners have requested approval of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said - tract of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Village of Edina Council that the con- veyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the pro- vision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for'adoption of the resolution was seconded by Trustee Courtney and on roll- Affidavits of Notice/ Mr. Hite Trustee VanValkenburg then offered RESOLUTION ' - I N * Ln 0 u h3 call there were four ayes and no nays and ATTEST : Mayor I Village Clerk LOT 2, BLOCK 1, EDINA INTERCHANGE CENTER SECOND ADDITION LOT DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Lot 2, Block 1, Edina Interchange Center Second Addition, which division must occur before the replat of the second additiomcan occur. meets all ordinance requirements and that Planning Commission has recommended approv- al, Trustee VanValkenburg offered the following resolution and moved its adoption: WHEREAS, Bonn Holding Company is the owner of a certain parcel of land in the Village of Edina described as follows: Southerly of a line drawn Easterly from a point in the Westerly line of said Block 1 distant 371.55 feet Southerly of the Northwest corner of said Block 1 to a point in the Easterly line of said Block 1 distant 440.61 feet Southerly of the Northeast corner thereof; and WHEREAS, said owner has requested approval of the Village of Edina of the conveyaGce and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance w2th the Subdivision and Zoning regu- lations of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOW, THEREFORE, IT IS HERBBY RESOLVED by the Village Council of the Village of Edina that the conveyances and ownership of the above described tract of land as a separ- ate parcel is hereby approved and the requirements and provisions of Ordinance Nos. to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of the resolution was rustee MacMillan and on roll- call there were four ayes and no nays and Mr. Hite presented the request of Bonn Holding. Company for division of Being advised that the division RE SOLUTION That part of Lot 2, Block 1, Edina Interchange Center Second Addition, lying -261 and 263-A are hereby waived as to said division and conveyance, subject, however, ATTEST: .. . \ 11/20/67 LOT 1, BLOCK 1, FJELDHEIM ADDITION LOT DIVISION APPROVED.. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. sented of Lot 1 with the southerly 178 feet of Lot 1 to make the lot into one parcel rather than two parcels, of the proposed combination, Trustee VanValkenburg offered the following resolution and moved its adoption: RESOLUTION WHEREAS, John N. Komarnitzky and Jann R, Komarnitzky, husband and wife, are the owners of a certain parcel of land in the Village of Edina described as fo~~ows: Mr. Hite pre- 6 F- the request of Elr. John N, Komarnitzky who is combining the north 40 feet Being advised that Planning Commission has recommended approval All of Lot 1, Block 1, Fjeldheim Addition, except the South one hundred seventy- - eight (178) feet thereof, according to the recorded plat thereof; and WHEREAS, said owners have requested approval of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcel; and WEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Num- bers 261 and 263-A; NOW, THEREFORE,-IT IS HEREBY RESOLVED by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions,of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made.'in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances , - Motion for adoption of the resolution was s rollcall there were four ayes and no nay ATTEST: !-I-- A- 7LAiL-w Village Clerk r LOTS 3 AND 4, AUDITOR'S SUBDIVISION 325 DIVISION APPROVED. were presented by Clerk, approved as to form and ordered placed on file. Mr. Hite presented the request of Elr, Alf Bergerud for division of his property into two parcels; the northerly parcel to be 100 feet by 312.8 feet and the southerly parcel to be 100 feet by 312 plus or minus feet, Sewer is not available to the property and it was pointed out that division of this property will necessitate considera- tion of sanitary sewer installation in Ridge Road within the next two years, Trustee VanValkenburg then offered the following resolution for lot division as recommended by Planning Commission: (Note: See Minutes of 1/8/68) Affidavits of Notice - - .. ~ESOLUTION . IIHEREAS, Alf L. Bergerud is the owner of certain parcels of land in the Village of Edina described as follows: The North 63.3 feet of Lot 4, Auditor's Subdivision No. Three Hun- dred Twenty-five, Hennepin County, Minnesota, as measured along the East and West lines thereof, and that part of Lot 3, Audi- tor's Subdivision No. Three Hundred Twenty-five, Hennepin County, Minnesota, as-measured along the East and West lines thereof; and The North 100 feet of Lot 3, Auditor's Subdivision No. Three Hun- dred Twenty-five, Hennepin County, Minnesota, as measured along the East and West lines thereof; and 4Qq qT-"d- \*k 1d-a " y&&&r< WHEREAS, said owner has requested approval of the Village of Edina of the convey- ance and ownership of the above described land as a separate parcels; and - WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tracts of land as separate parcels does not interfiere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance NumberB 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of the above described tracts of land as separate parcels are hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdivision be made of the above described tracts of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be pro- vided €or by these ordinances. - 11 / 20 / 67 i 253 Motion for adoption of the resolution was secon call there were four ayes and no nays and the tney and on roll- ATTEST : 23, k Village Clerk TRACTS A AND C, R.L.S. 1214 LOT DIVISION APPROVED. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Hite advised that McAllister Court Apartments have proposed to combine a portion of Tract C with Tract A to provide better parking for the building existing on Tract A. Being ad- vised that Planning Commission has recommended approval, Trustee MacMillan offered the following resolution and moved its adoption: RESOLUTION IJHEREAS, McAllister Court Apartments, Inc., is the owner of a certain parcel of land in the Village of Edina described as follows: .Tract A and the IJest 95.37 feet of the North 138.67 feet of Tract Cy Registered Land Surbey No. 1214, Hennepin County, Minnesota; and WHEREAS, said owner has requested approval of the Village of Edina of the conveyance and ownership of the above described land as a separate parcel; and GJHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create an unnecessary hardship and said tract'of land as a separate parcel does not interfere with the purpose of the Sub- division and Zonign Regulations as contained in the Village of Edina Ordirance Num- bers 261 and 263-A; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the Village of Edina that the conveyance and ownership of the above described tract of land as a separate parcel is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and conveyance, subject, however, to the provision that no further subdividion be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances. Motion for adoption of.the resolution was call there were four ayes and no nays and ATTEST : Mayor -LOT 37, AUDITOR'S SUBDIVISION 196 LOT DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hite ad- vised that division of Lot 37, Auditor's Subdivision 196 had been approved by Council on October 2, 1967, but that the owner had requested a change in the legal descrip- tion. adopt ion : Trustee VanValkenburg then offered the following'resolution and moved its RESOLUTION IJHEREAS, Gale T. Kesler is the owner of certain parcels of land in the Village of - Edina described as follows : Hennepin County, Minnesota, lying east of a line drawn at right angles with the south lot line of Lot 37 at a point 95 feet west of the east line of said' Lot 37, when measured along said lot Erie, exclusive of the easterly 15 feet. That part of Lot 37, Auditor's Subdivision One Hundred Ninety-six, Hennepin County, Minnesota, lying east of a line drawn at right angles to the south line and 185 feet west of the east line of said Lot 37;*and lying west of a line drawn at right angles to the south line and 95 feet west of the east line of said Lot 37. h That part of Lot 37, Auditor's Subdivision One Hundred Ninety-six Hennepin County, Minnesota, lying west of a line drawn at right angles to the south line and 185 feet west of the east line of said Lot 37g-and WHEREAS, said owner has requested approval of the Village of Edina of the conveyanoe and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regu- lations of the Village of Edina will not create an unnecessary hardship and said tract of land as a separate parcel does not interfere with the purpose of the Sub- division and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; Parcel A: That part of Lot 37, Auditor's Subdivision One Hundred Ninety-six Parcel B: Parcel C: \ 11/20/67 'i NO17 THEREFORE, IT IS HEREBY RESOLVED by the Village Council of the Village of Edina that the conveyance and ownership of the above described tracts of land as separate parcels is hereby approved and the requirements and provisions of Ordinance Nos. 261 and 263-A are hereby waived as to said division and monveyance, subject, however, to the provision that no further subdivision be made of the above described tract of land unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by these ordinances, Motion for adoption of the resolytion call there v7ere four ayes and no nays ATTEST : Mayor NINE BELE CREEK WEST REGISTERED LAND SURVEY GRANTED PRELIMINARY PLAT APPROVAL. Affidavit of Publication was presented by Clerk, approved as to form and ordered placed on file. preliminary plat approval. The property is located adjacent to the Minneapolis, Northfield and Southern Railroad and bounded by West 78th Street on the north and the Edina Village Limits on the south, and will be served by sewer and water in the spring of 1968. by Planning Commission, Trustee VanValkenburg offered the following resolution and moved its adoption: Mr. Hite presented Nine Mile Creek 'Nest Registered Land Survey for Upon recommendation of approval of the plat in preliminary form RESOLUTION APPROVING PRELDiINARY PLAT APPROVAL OF NINE MILE CREEK \JEST REGISTERED LAND SURVPY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat known as "Nine-Mile Creek West Registered Land Survey" platted by the Nine Mile Creek Corporation is hereby approved in preliminary form. Motion for adoption of the resolution was call there were four ayes and no nays and Trustee Courtney and on roll- ATTEST : 2- Village-Clerk Trustee VanValkenburg then offered the following resolution and moved its adoption: RE SOLUTION RESOLVED, that pursuant to the provisions of Subdivision 6 of Minnesota Statutes Annotated 462.358 and the provisions of the Ordinance of the Village of Edina regu- lating the subdivision of land in the Village, known as Ordinance No. 263-A, a maj- ority of the members of the Village Council do hereby approve the subdivision of Corporation, a Minnesota corporation as grantor, to Industrial Gasket Company,, a -land within the boundaries of the Village, and the conveyance by Nine.Mile West . Minnesota Corporation, as grantee, of the following described land: That part of the Southwest Quarter of the Southeast Quarter of Section 8, Beginning at a point in the South line of the Southwest Quarter of the South- Township 116, Range 21, Hennepin County, Minnesota, described as follows: east Quarter of said section, distant 80 feet East of the Southwest corner thereof; thence East along the South line thereof a distance of 543.0 feet; thence deflecting to the left from the last described course 97 degrees 20 minutes 9 seconds, a dis- tance of 353.52 feet more or less to the Southerly right-of-way of State Highway No. 5; thence Southwesterly along said right-of-way line to the intersection with a line that is 80 feet east of and parallel with the West line of the Southwest Quarter of the Southeast Quarter of.said Section; thence South along said parallel line a distance of 109.08 feet more or less to the point of beginning, containing 2.8 acres more or less. BE IT FURTHER RESOLVED, that upon compliance with the building regulations of the Village of Edina that the proper officials of the Village be authorized to grant a building permit on said tract for the construction of a building. , Motion for adoption of the resolution was call there were four ayes and no nays and ATTEST : Mayor 11/20/67 OVERHOLT HILLS GEORGIA SECOND ADDITION GRANTED FINAL PLAT APPROVAL. A davit o Publication was presented by the Clerk, approved as to form and ordered placed on file. Mr. Hite presented Overholt Hills Georgia Second Addition, a six lot plat located northwest of Valley View Road and west of Dakota Trail for final plat approval. Preliminary approval was given in September, 1967, subject to the addit- ion of 20 feet to Outlot 2, the dedication of the Outlot as a street and the in- clusion of Lot 1, Block 1, and Block 2, Lot 1, in the utility system now being installed in the area. He advised that the plat now conforms to thosrecommend- ations. adopt ion : Trustee VanValkenburg then offered the following resolution and moved its RESOLUTION APPROVING FINAL PLAT OF OVERHOLT HILLS GEORGIA SECOND ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled I1Overholt Hills Georgia Second Addition'' platted by Juliet H. Overholt, widow, and presented at the Meeting of the Village Council of November 20, 1967, be and is hereby approved. Motion for adoption of the resolution was secpded by Trustee MacMillan and on roll- call there were four ayes and no nays ATTEST : Mayor , Village Clerk -GLEASON THIRD ADDITION GRANTED FINAL PLAT APPROVAL. Affidavit of Publication in the Edina Courier was presented by Clerk, approved as to form and ordered placed on file. the north side of T. H. 169 near Gleason Road, for final plat approval. Trustee Courtney then offered the following resolution approving final plat of Gleason Third Addition as recommended by Planning Commission and moved its adoption: Mr. Hite presented Gleason Third Addition, a seven lot plat locat'ed along RESOLUTION APPROVING , FINAL PLAT OF GLEASON THIRD ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain pla; entitled "Gleason Third Addition;" platted by Dean N. Akins and Nancy Bell Akins, husband and wife, and presented at the Meeting of the Village Council of November 20, 1967, be and is hereby approved. Motion for adoption of the resolution wa on rollcall there were four ayes and no nays ATTEST : TL I v .~~uivtila<- cle~ ARROWHEAD RIDGE GRANTED FINAL PLAT APPROVAL. Courier was presented by Clerk, approved as to form and ordered placed on file. Mr. Hite presented Arrowhead Ridge, a two lot plat located on Valley View Road between Cheyenne Circle and Dakota Trail, for final plat approval as recommended by Planning Commission. Trustee MacMillan then offered the following resolution and moved its adoption: Affidavit of Publication in the Edina RESOLUTION APPROVING FINAL PLAT OF ARROWHEAD RIDGE BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Arrowhead Ridge," platted by Eugene A. Messenger and Dorothy S. Messenger, husband and wife, and presented at the Meeting of the Village Council of November 20, 1967, be and hereby is approve Motion for adoption of the resolution was seco rollcall there were four ayes and no n ATTEST : SOUTHDALE CAR WASH REGISTERED LAND SURVEY GRANTED FINAL PLAT APPROVAL. of Publication was presented by Clerk, approved as to form and ordered placed on file. corner of West 66th Street and York Avenue South cDntaining the Southdale Car Wash for final plat approval as recommended Trustee VanValken- burg then offered the following resolution and moved its adoption: Affidavit Mr. Hite presented this tract of land which is located on the southwest by Planning Commbion. 11/20/67 RESOLUTION APPROVING FINAL PLAT OF SOUTHDALE REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that tfat certain plat entitled "Southdale Registered Land Survey" '(Car Wash) platted by Dayton - Development Company and presented at the Meeting of the Village Council of November 20, 1967, be and is hereby approved. Motion for adoption of the resolution call there were four ayea and no nays Mayor Village Clerk SOUTHDALE MEDICAL BUILDING REGISTERED LAND SURVEY-GRANTED FINAL PLAT APPROVAL. Affidavit of Publication was presented by Clerk, approved as to form and ordered placed on file. resented this tract of 1 nd for final plat approval, stating that for s severaf ygars the Southdale Medicat Building and its accessory Mr. Hi e uses have been on several parcels of land which are now being joined into one registered land survey. and moved its adoption as recommended by Trustee MacMillan then offered the following resolution Planning Commission: RESOLUTION APPROVING FINAL PLAT OF SOUTHDALE REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Southdale Registered Land Survey" (Southdale Medical Build- ing) platted by Dayton Development and presented at the Meeting of the Village Council of November 20, 1967, be and is hereby approved. Motion for adoption of the resolution was seconded by Trustee Courtney and on rollcall there were four ayes and no nays ATTEST : EIayor 1bAG Village Clerk WALLING'S ADDITION, FIRST REPLAT, GRANTED FINAL PLAT APPROVAL. cation was presented by Clerk, approved as to form and ordered placed on file. Hite presented Walling's Addition, First Replat which is located at the east end of Merilane loop, for final plat approval, A home presently exists on proposed Lot 3, which is the southerly portion of the property. The northerly portion of the property is proposed to be divided into two parcels which have only 20 feet and 40 feet in frontage on Medane. Trustee VanValkenburg then offered the fol- lowing resolution and moved its adoption, subject to granting of variances by the Board of Appeals as to lot frontages €or Lots 1 and 2: Affidavit of Publi- Nr. RESOLUTION APPROVING FINAL PLAT OF WALLING'S ADDITION, FIRST REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Walling's Addition, First Replat", platted by Willis Lampert Walling and Bonney Scott Walling, husband and wife, and presented at the Meeting of the Village Council of November 20, 1967, be and is hereby approved. Notion for adoption of the resolution was secon call there four ayes and no nays and the resolu ' ATTEST: CONTRACT AWARDED FOR SANITARY SEWER NO. 2% AND WATEXMAIN NO. 225. Mr. Hyde pre- sented tabulation of bids taken November 20, 1967, at 11:OO aim. in response to Advertisement for Bids in the Edina Courier on November 9 and in the Construction Bulletin on November 9 and 16, 1967, for Sanitary Sewer No. 264 and Watermain No. 225. Tabulation showed Suburban Sewer & Water, Inc., low bidder at $82,322.00, Nodland Construction Co., Inc., second low bidder at $86,532.00; Peter Lametti Con- struction Company was given as third low bidder at $87,929.33 and Northern Contract- ing Co., high bidder at $100,483.50. $86,806.00. Suburban Sewer and Water, Inc., contingent upon the execution of the cost sharing agreement with the City of Bloomington for the improvements was seconded by Trustee MacMillan and carried. Engineer's estimate was presented at Trustee VanValkenburg's motion for award to recommended low bidder, I 11/20/67 257 RETAINING WALL CONSTRUCTION BID AWARDED. $2,250.00 for construction of a retaining wall at 6932 Valley View Road from Doc Blanchard Sodding Co. and Bulldog Grading, Inc. equally reputable, Mayor Bredesen flipped a coin and the toss was won by Bulldog Grading, Inc. Trustee MacMillan's motion awarding construction to Bulldog Grad- ing, Inc., was then seconded by Trustee VanValkenburg and carried. Mr. Hyde presented two identical bids of Both contractors being considered GRADING AND GRAVELLING CONTRACT AWARDE.D FOR SANITARY SEWER 263. Mr. Hyde presented tabulation of bids taken informally at 11:OO a.m.. on November 17, 1967, for grad- ing Bull low and gravelling in connection with Sanitary Sewer 263. .ock Contracting Co., low bidder at $4,558.60, Black Top Service Co., second bidder at $5,510.00 and 3. A. Danens & Son, Inc., high bidder at $7,500.00, Tabulation showed Matt Trustee MacMillan's motion for award of bid to recommended low bidder, Matt Bul- lock Contracting Co., Inc., was seconded by Trustee Courtney and carried. PETITIONS for watermain and sanitary sewer in Washington Avenue between County Road 18 and Valley View Road were presented by Mr. Hyde. Trustee MacMillan's motion referring these petitions to the Engineering Department for processing was then seconded by Trustee VanValkenburg and carried. MULTIPLE RESIDENCE DISTRICT ORDINANCE AMENDMENT HEARING DATE SET. Trustee Courtney, seconded by Trustee MacMillan and carried, December 4, 1967, was set as hearing date for amendment to the Multiple Residence District Ordinance. Upon motion of EDINA BAPTIST CHURCH LOT DIVISION HEARING DATE was set for December 4, 1967, by motion of Trustee Courtney, seconded by Trustee MacMillan and carried. METROPOLITAN TRANSIT COMMISSION COMPENSATION TO BE RETAINED BY VILLAGE MANAGER. Mayor Bredesen recalled to Council that the Village Attorney had been requested to render an opinion as to the policy that the Village should follow relative to whether or not the Village Manager could legally accept compensation from the Metropolitan Transit Commission for attendance at meetings held during normal Village office hours between 8:OO a.m. and 4:30 p.m. since the Manager is not required to be on Village business throughout normal Village office hours, nor is his time spent on Village business limited to such office hours, and inasmuch as the performance of his duties as a member of the Transit Com- mission does not interfere with the performance of his-duties as Village Manager, he would recommend that the Village Manager should be able to retain the funds paid for his service on the Transit Cobission. He suggested that if it is found that the performance of his duties as 3'ihember''of the Transit Commission is interfering with the performance of his duties as Village Manager, it would then become appropri- ate to ask the Manager to resign his Transit Commission duties. Manager's use of his Village car 'for transportation to and from Transit Commission meetings, Mr. Whitlock recommended that the Village be compensated for any out of pocket expenses incurred. Attorney's report was seconded by Trustee Courtney and carried. Mr. Whitlock's opinion indicated that With regard to the Trustee VanValkenburg's motion accepting the Village METROPOLITAN COUNCIL'S POWER DISCUSSED WITH REFERENCE TO SHELL OIL COMPANY ZONING REQUEST. Mr. Hyde advised Council that the Village Attorney had been requested to review the powers of the Metropolitan Council and to _recommend what action the Village should take, particularly pertaining to the Shell Oil zoning request. Mr. Whitlock advised that the statute is very vague as to what proposed action must be subrkitted and also at what point it must be submitted. His conclusion was that if there had been no litigation in this mattelr, it would not have been necessary to refer the Shell Oil matter to the Metropolitan Commission either at the time of the making of the application by Shell Oil Company or at the time the Village Council proposed to take action. Oil Company is pursuing in its application, and because this may be a matter that would adversely effect metropolitan area development if an adverse decision is rendered by the Court, Mr. Whitlock suggested that it might be advisable to-refer -the matter-to the Metropolitan Council at this time so that the Court could have the benefit of its comments and decisions prior to rendering an opinion. pointed out that the Village is not bound by decisions made by the Metropolitan Council in zoning matters. Mr. Whitlock stated-that-he has been advised that the Richfield residents across Xerxes Avenue from the property in question may submit a request to the Village to submit the matter to the Metropolitan Council and that if such a request is received, he would recommend that the request be honored. In reply to a question of Mayor Bredesen if the Village is relinquishing its juris- diction over zoning, Mr. Whitlock stated that the only thing the Metropolitan Coun- cil is empowered to do with regard to municipal action is to comment and make rec- ommendations within sixty days after a particular matter has been submitted to it. If there is a dispute between two municipalities, which may be affected by a zoning request, they are given the power to attempt to-mediate any such differences within a sixty day period. ject the comments or recommendations made by the Metropolitan Commission on zoning matters. In view of the fact that.litigation has ensued and Shell He further At the end of this' time the Village can either accept or re- Mayor Bredesen and Trustee Courtney advised that they are not in favor of giving the Metropolitan Council any more power than they already have. Trustee Courtney’s motion that no action be taken unless the Richfield residents on Xerxes Avenue make a formal request to submit the dispute to the Metropolitan Council was seconded by Trustee MacMillan and carried. TEEN AGE RECREATION PROGRAM CONSIDERED. Mr. Hyde advised Council that pursuant to dZscussions between Nr. Hite, Mr..R.osland, and the School Board, resolution of the School Board has been received which proposes that the Village accept the respons- ibility of financing and supervising a recreational Teen Center Program with the schools furnishing physical facilities at no expense,. Arrangements for other fac- ilities, if needed, could be established by agreement, Activities of the program are proposed to be complfaentary to, but not competitive- with,. the regular high school and junior high school activities. Mr. Hite recommended that a program be developed in cooperation with the School District and that.the Village accept the responsibility of providing leadership, with the School District to assume the cost of janitorial services. Mr. Hite further recommended that an ordinance be adopted which would provide for an advisory board to be composed of interested citizens and of teen members as well. This board would develop asprogram which would be devoted to a number of various recreational interests for teen agers: Cameron, 6212 Ashcroft Lane, suggested the possibility of having the Y.M.C.A. sponsor a program of this type. have been made for some time to have land donated for the purpose of the construc- tion of a Y.M.C.A. building and suggested that this is a field in which the Teen Advisory Board could participate. Following considerable discussion, Council con- curred that this program must be handled very carefully and recommended leadership whi.ch would be similar to that provided for the senior class parties which are held on graduation night. Trustee Courtney’s motion that an ordinance be drawn relative to a Teen Age Recreation Program was seconded by Trustee VanValkenburg and carried. LIBRARY BOARD POLICY DISCUSSION CONTINUED TO JANUARY, -Mr. Hyde presented a letter from the Hennepin County Library Board which outlined its policy concerning library buildings and which stated that the Library Board intends to proceed with the building program and acquisition of library buildings in accordance with the lib- rary expansion program proposed in March, 1967. This program provides that, if the offer is accepted, the Library Board will reimburse the various municipalities over a period of time for their equity in their library buildings. stated that he believes that the Village would be contributing beyond any benefit it might receive and questioned that the courts would permit the Village to spend that money in spite of the Hennepin County Board of Commissioners and the Hennepin County Library Board. He advised that if the Hennepin County Library Board would set a standard by which all libraries would be the same size, there might be some merit in the proposed method of assessment, believes that the purpose of this plan is for the City of Minneapolis to sell its library to Hennepin County and let the suburbs or rural Hennepin County pay for the cost. He suggested that the City of Minneapolis will eventually pay less €or all of their services and that it will be up to residents who live outside of the city to assist in its support. of the Hennepin County Library System and still retain the right to use the Minnea- polfs Public Library by paying a fee for each person desiring a library card. Hite advised that the Village is currently being taxes $220,000 annually for the Hennepin County Library System, which amount is expected to increase to $315,000 in 1968, between $100,000 and $150,000 annually to operate the new Edina library. estimated the cost of operating the county library to be $50,000. suggested that a cooperative library system might be formed with neighboring muni- cipalities rather than to continue to cooperate with the Hennepin County Library System. Trustee MacMillan’s motion that the report of the Hennepin County Library Board not be accepted and that the matter be continued to January, 1968, was secon- ded by Trustee Courtney and carried. CAT CONTROL ORDINANCE DROPPED. trol, whereby cats which commit certain acts can be considered a nuisance after the cat’s owners have been properly notified. and Mr, and Mrs. Kenneth Cameron, 6212 Ashcroft Lane, spoke in favor of the cat control ordinance, stating that cats in their neighborhood have become a general nuisance and hazard to the health and welfare of Edina citizens. 5045 Windsor Avenue, reiterated his opinions expressed at the Meeting of November 6 that cats control the rodent population of the Village and, therefore, perform a worthwhile service to the co’mmunity. ‘I I Mr. Kenneth He was advised by Mayor Bredesen that efforts I Mayor Bredesen Mayor Bredesen further stated that he . The question was raised whether Edina could drop out Mr. He further advised that it is estimated that it will cost the county He Mayor Bredesen I Mr. Hyde presented a revised ordinance on cat con- Mrs. L. E. Kottke, 5804 Bernard Place, Mr. Nilliam Basil,. Following considerable discussion, Trustee VanValkenburg - offered Ordinance No. 35 for First-Reading as follows: 11/20/ 67 2 5'9 ORDINANCE NO. 35 AN ORDINANCE DECLARING CATS TO BE A NUISANCE UNDER CERTAIN CONDITIONS, AND PROVIDING A PENALTY FOR PERSONS HARBORING SUCH CATS. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Certain Cats Declared a Nuisance. Any cat which damages plantings or structures or deposits fecal matter on private property, after the person owning or harboring the cat has been notified of such acts as provided in Section 2 hereof, is hereby declared to be a nuisance. Control Officer a written complaint, stating the acts committed by a cat or cats and the name and address of the person owning or harboring the cat or cats. The Animal Control Officer shall then promptly noFify the person owning or harboring the cat or cats restrained from committing any more such acts, and shall inform such person that if the cat or cats continue to commit such acts thereafter, then the person owning. or harboring the cat or cats may be convicted hereunder. clared to be a nuisance hereunder shall b'e deemed to be maintaining a nuisance. Sec. 2. Notice to Owner. Any one may send or deliver to the Village's Animal of the acts complained of, shall requesf ,that the cat or cats be Sec. 3. Responsibility of Owner. Any person who owns or harbors a cat de- Sec. 4. Penalty. Any person who maintains a nuisance'as herein defined shall -be subject to a penalty of 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 prosecution in case of either fine or imprisonment. passage and publication. Sec. 5. This ordinance shall be in full force and effect immediately upon its No second for the adoption of the ordinance was forthcoming and the motion died for a lack of a second. vised that no further action would be taken on cat control unless the ordinance should be reintroduced. because he felt that he does not consider the proposed ordinance to be enforcible. In reply to a question from the audience, Mayor Bredesen ad- Trustee Courtney explained thag he had failed to second the motion MORNINGSIDE AREA STORM SEWER COST SHARING AGREEMENT WITH MINNEAPOLIS DISCUSSED. Mr. Hyde recalled to Council that the Morningside Ares Storm Sewer No. 111 had been authorized contingent upon an agreement with the City of Minneapolis whereby Edina pays no'nore than 35% of the France Avenue to Lake Calhoun Trunk cost. advised that the City of Minneapolis had indicated that it will pay 22% of the cost of the trunk sewer, contending that it is paying part of the assessment by its will- ingness to assume a greater part of the construction cost within the City. Mr. Hite also advised that Ninne-apolis will not consent to the assessment of the fifteen acres owned by them in the 42nd and France Avenue area. In accordance with the sug- gestion of Mr. Hyde, Trustee VanValkenburg's motion was seconded by Mr. Courtney and posed policy of the Minneapolis Water Department be reconsidered. On rollcall there were four ayes and no nays. Mr. Hite -carried that the Mayor write the Minneapolis City Council requesting that the pro- GRANDVIEW AREA SERVICE ROAD HEARING DATE SET. Mr. Hyde reviewed the progress made in the Grandview Area, advising that the only thing holding up progress at the pre- eent time is the cost of the Mobile property which is needed for the Service Road which has already been petitioned. He advised that one of the owners has requested that hearing date be set for construction of the road so that they can determine whether part of the cost of tbe Mobile property will be assessed back to them. Trustee VanValkenburg then offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON ACQUISITION OF SERVICE DRIVE RIGHT-OF-WAY P-BA-117 1. The Village Engineer, having submitted to the Council a preliminary report as to the feasibility of the improvement proposed 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. This Council shall meet on Monday, December 4, 1967, at 7:OO p.m. in the Edina 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 affected prop- erties in substantially the following form: 'I ~ .. -. * .- ,I 11/20/67 ---, ----\ . (Official Publication) VILLAm OF EDINA 4801 I?. 5OTH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON ACQUISITION OF SERVICE DRIVE RIGHT-OF-WAY P-BA-117 EDImA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, December 4, 1967, at 7:OO p.m. to consider the acquisition.of the service drive right-of-way described as follows to be acquired under the authority granted by Minnesota Stat- Utes of 1961, Chapter 429. to be $61,000. Addition and M.N.& S. R.R. P-BA-117 includes Lots 11 through 19, Block 3, Grandview Hieghts; Lots 16 through 20, Block 4, Grandview Heights; Lots 11 through 15, Block 4, Lots 1 through 6 and 20 through 27, Block 3, Grandview Heights. - Florence B. Hallberg Village Clerk The approximate cost of said acquisition is estimated Acquisition of Frontage Road on the south side of Vernon Avenue between Enrath The area proposed to be assessed for the cost of the proposed acquisition for Motion for adoption of the resolution call there were four ayes and no nays Trustee Courtney and on roll- ATTEST: 3-5 B, As? Village Clerk VILLAGE ORDINANCES TO BE CODIFIED. preparing an ordinance codification which is to be published in loose leaf form. He advised that the sign ordinance and ordinance on personnel are almost ready for consideration at which time bids can be taken for publication. Mr. Hyde advised that the Village Attorney is LABORATORY TECHNICIAN Department Laboratory been omitted from the the SALARY RESOLUTION ADOPTED. Mr. Hyde advised that the Health Technician which was included in the Budget had inadvertently 1968 salary resolution, whereupon Trustee MacMillan offered following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the maximum salary for the Laboratory Technician be set at .. $7,500 as of January 1, 1967, and at $7,800 on July I, 1967, one-third of which salary is paid by the Vlllage of Edina. Motion for adoption of the resolution was seconded by Trustee Courtney and on roll- call there were four ayes and no nays and the #tion was adyted. ATTEST : Mayor if] LA. 7dLuA-U Village Clerk HIGINAY 100 SERVICE ROAD TO BE MAINTAINED BY VILLAGE. Mr. Hyde advised that the Minnesota State Highway Department has advised that they will no longer maintain the service roads along T. H. 100. This is being done on a trial basis in order to have more funds-available for Highway Construction. Mr. Hite pointed out, that disregarding the cost, the Village could do a more effective job in snow plowing. than that done by the State and suggested that the State might assume a11 respons- ibility for construction and for seal coating of these roads. Mr. Hyde advised that it might be possible that the Village would be reimbursed by the State for the performance of these services and stated that he would keep Council informed on the matter. CLAGRAMAR I1 ADDITION STREET VACATION HEARING DATE SET. Hyde that a vacation hearing date be set for an erroneously dedicated street in . Clagramar I1 Addition, Trustee MacMillan's motion setting Hearing Date for Decem- ber 4, 1967, was secnnded by Trustee Courtney and carried. I- Upon recommendation of Mr. LOT 13, BLOCK 1, CROCKER AND CROWELL FIRST ADDITION LOT DIVISION RESOLUTION CORRECTED. -Upon being advised that the name of bfr. Stanford Olson had been used as the owner of Lot 13, Block 1, Crocker and Crowell First Addition in the lot,division action taken on October 2, 1967, Trustee MacMillan's motion that the Minutes of October 2, 1967, be corrected to indicate that the owners of record are John H. Morine and Carole Morine was seconded by Trustee Courtney and carried. .. 11/20/67 i ORDINANCE NO. 125 GRANTED FIRST READING. Mr. Hyde presented a proposed ordinance which would give the Village control over eggs which are not federally inspected, Similar ordinances are under consideration in other Twin Cities suburbs. Trustee Courtney then offered Ordinance No. 125 for First Reading and moved its adoption as follows: ORDINANCE NO. 125 AN ORDINANCE REGULATING BROKEN-OUT, LIQUID OR FROZEN EGGS, AND IMPOSING A PENALTY. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sanitary Standards Required for Certain Eggs. No broken-out, liquid or frozen eggs, whether mixed or separated as yolks or whites, with or without salt or sugar added, shall be brought into, produced, held, sold or offer- ed for sale in the Village unless they have been pasteurized or treated so as to destroy a11 viable pathogen microorganisms in accordance with the regulations prom- ulgated by the Secretary of Agriculture of the United States pursuant to the author- ity contained in the Agricultural Marketing Act of 1946, 7 U.S.C. 1621, et. seq. Coliform and fec-a1 streptococci may not exceed 100 organisms per gram. in Section 1 of this ordinance shall be marked as official copies and filed in the office of the Clerk prior to publication of this ordinance, and shall remain on file in said office for use and examination by the public. The Clerk shall furnish copies of said law at cost to any person upon request. Sec. 3. Labeling of Certain Eggs, No broken-out, liquid or frozen eggs shall bekought into the Village or received in any food establishment unless the con- tainer is labeled or marked with indelible ink to indicate the date when and the place where the eggs were broken, together with the name of the owner of the egg- breaking establishment, the word "pasteurized" and the inspection legend of the United States Department of Agriculture. Any person who violates or fails to comply with any pro- vision or requirement of this ordinance shall be guilty of a misdemeanor and sub- ject to a fine not exceeding $100, or imprisonment for a period not exceeding 90 days, with costs of prosecution in either case to be added. passage and publication. Sec. 2. Filing of Federal Law. Three copies of the federal law referred to Sec. 4. Penalty. Sec. 5. This ordinance shall be in full force and effect immediately upon its T. H. 169 DESIGNATION CHANGED TO CSAH 158. Mr. Hyde advised that the Hennepin County Board of Commissioners has passed a resolution requesting the Commissioner as CSAH 158. Before the proposed designation can become effective, the law requires that the Village concur in this designation. following resolution and moved its adoption: -of Highways to designate the reverted portion of T.H. 169 from CSAH 18 to T.H. 100 Trustee Courtney then offered the RESOLUTION WHEmAS, the County Board of the County of Hennepin did adopt a resolution on October 18, 1967, locating, establishing, designating and numbering the County State Aid Highway system of Hennepin County, and WHEREAS, said.resolution locates and establishes certain County State Aid Highways within the corporate limits of the Village of Edina, NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina that the resolution adopted by the County Board, a copy of which is attached hereto and made a part thereof, locating or establikhing the County State Aid Highway sys- tem within the limits is in all things approved. Motion for adoption of the resolution was secon call there were four ayes and no nays and the tion was ad ATTEST: 2&2- A, &UUA#. Village Clerk PLANNING COMMISSION FINDINGS ON SHELL OIL COMPANY ACCEPTED BY COUNCIL. Trustee VanValkenburg's motion that the'village Council accept the findings of the Planning Commission as stated in its minutes of.November 1, 1967, insofar as they relatk-to Shell Oil Company Bpplications for rezoning. RED OWL OFF-SALE BEER LICENSE APPROVED for the new location at 6775 York Avenue upon motion of Trustee VanValkenburg, seconded by Trustee Courtney and carried. 262 I 11/20/67 CLAIMS PAID. carried for the payment of the following claims: General Fund, $74,132.78; Con- struction Fund, $512,180.86; Park, Park Sinking, Park Construction Fund, $79,264.71; Sewer Rental Fund, $2,505.48; Improvement Funds, $268,846.73; Poor Fund, $27.60; Total, $1,025.22. Mot,m of Trustee VanValkenburg was seconded by Trustee.Cour,ney and- Total Plan Check Fee Refunds, $6,366.50. The agenda's business having been covered, Trustee VanValkenburg's motion for ad; *- . I ... journment was seconded by Trustee Courtney and carcied. V Village Clerk 11 1241 67 MINUTES OF THE SPECIAL MEETING OF THE EDINA VILLAGE EOUNCIL HELD AT VILLAGE HALL AT 5:OO P.M. ON FRIDAY, NOVEMBER 24, 1967 Members answering rollcall were Trustees Courtney, MacMillan, VanValkenburg and Mayor Bredesen. Mr. Hyde advised that this meet-ing had beeq called to consider the acquisj.tion of the portion of the Mobil Service Station.site which is needed for the right-of-way for the Grandview Service Road. Cost of the site was given at $61,000, including $2.50 per square foot for the land and $48,000 for the building and business. Im- provement hearing on this project will be held on December 4, 1967. to hold assessment hearing in January, and. that the cost of the acquisition be assessed against owners Harry Gustafson, Jerry Paulson and S.uper Valu,.all of whom have signed a petition for grading and graveling and construction+of permanent street surfacing in the Frontage Road on the south side of Vernon Avenue between Enroth Addition and the. M.N. & S. Railroad. Following some discussion, Trustee Courtney's motion authorizing execution of the purchase agreement in the amount of $61,000 was seconded by Trustee MacMillan and on rollcall-there were four ayes and no nays and the motion was carried. It is proposed Adjournment at 5:15. c