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HomeMy WebLinkAbout19681216_regular324 , I 'I , 1 MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, DECEMBER 16, 1968 MEMBERS answering Rollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg and Mayor Bredesen. MINUTES of November 4, 1968, were approved as submitted by motion of Councilman Johnson, seconded by Councilman Courtney and carried. PUBLICXEARINGS CONDUCTED ON VARIOUS IMPROVEmNTS. Affidavits of Notice-were presented by Clerk, approved as to form'and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken-as herein- after recorded: 1. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOI?ING: - Vandervork Avenue from Division Street to 436 feet north (S.S. P-281) 2. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: 3. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING: All of the project involving the same properties, hearings were conducted concur- rently. Mr. Hyde presented total estimated project cost for Sanitary Sewer P-281 at $7,452.76, proposed to be assessed against 7 assessable lots at an estimated cost of $1,064.68 per lot. given at $9,028.80, proposed to be assessed against 7 assessable lots at an estimated cost of $1,289.83 per lot. Total estimated project cost for Grading and Graveling P-C-98 was given at $10,172.29, proposed to be assessed against 533.33 assessable feet at an estimated cost of $19.07 per foot. that 100% peeitLon, signed by Theresa A. Score, had been received for the sanitary sewer and the watermain, and none had been previously received, whereupon Councilman offered the following resolution and moved its adoption: Vandervork Avenue from Division Street to 436 feet north (W.M. P-240) Vandervork Avenue from Division Street to 600 feet north (P-C-98) Total estimated project cost for Watermain P-240 was Mr. Hyde noted No persons appeared in opposition of the improvements VanValkenburg . RESOLUTION ORDERING SANXTARY SEWER 281, WATERMAIN 240 AND GRADING AND GRAVELING C-98 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1. CONSTRUCTION OF SANITARY SEWER AN,D APPURTENANCES IN THE FOLLOWING: Vandervork Avenue from Division Street to 436 feet north 2. CONSTRUCTION OF WATERMAIN AND APPURTENANCES IN THE FOLLOWING: Vandervork Avenue from Division Street to 436 feet north 3. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOPJING: Vandervork Avenue from Division Street to 600 feet north and at the hearings held at the time and place specified insaid 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 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 and that said improvements are hereby designated and shall be referred to .in a11 subsequent proceedings as follows : No. 1 Above SANITARY SEWER 281 No. 2 Above WATERMAIN NO. 240 No. 3 Above GRADING AND GRAVELING NO. C-98 and the area to be specially assessed therefore for Sanitary Sewer 281 and Water- main 240 includes Lots 1 thru 7, incl., Block 15 Cleveland's Subdivision; and the area proposed to be assessed for the cost of C-98 includes Lots 1 thru 9 incl., Block 15 and Lots 14 thru 22 incl., Block 14, all in Cleveland's Sub- division. Courtney and on rollcall there were five ayes asd no nays and the resolution was Motion for adoption of the resolution was seconded by Councilman adopted. ATTEST : Mayor U -jA.- k3 " ?2L!!yyH/ a/ Village Clerk ORDINANCE 261-176 ADOPTED AT SECOND READING; PUBLICATION TO BE VITHHELD. Mr. Hoisington presented Ordinance 261-176 for Second Reading, advising that this ordinance provides for R-4 zoning for property located at 4409 Valley View Road as requested by Rudy Trones Construction Co. Upon the reconmiendation of Mr. Hyde that the ordinance be adopted but that publication be withheld until the ponding easement recommended by the Planning Commission had been secured, ShaW offered Ordinance No. 261-176. for Second Reading with the stipulation that publication be withheld pending receipt of the ponding easement, as follows: ORDINANCE NO. 261-176 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING ADDITIONAL R-4 MULTIPLE RESU)ENCE DISTRICT THE VILLAGE COUNCIL OF THE YILLAGE OF EDINA, MINNESOTA, ORDAINS: Section I. 4, (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding the follow- ing subparagraph: Paragraph 1, llultiple Residence District Boundaries .of Section I District R- 4 : "(29) That part of the SB 1/4 of the SE 1/4 of Section 19, Township 28, , Range 24 described as follows: Beginning at a point on the South . - line of said SI7 1/4, 325.5 feet East of the SW corner thereof; thence East 224.5 feet; thence Northeasterly 255.0 feet on a Line, said line if extended would intersect the West line of said St7 1/4< of SE 1/4, 277.0 feet North of the 97 corner thereof; thence South- westerly to the point of beginning. The East 200.0 feet of the West 525.5 feet of the North 150.0 .feet of the NU 1/4 of the NE 1/4 of Section 30, Township 28, Range 24, except that part taken for road." its passage and publication aceofding to law.. Motion for adoption of the ordinance was s rollcall there weze five ayes .and no nays Section 2. This Ordinance shall be in full force and effect from and after by Councilman Johnson and on ATTEST : Mayor lJ3AP-D- A. -2YdmLA Village Clerk VEST 65TH STREET FROM VAL'LEY VIEW ROAD TO RIDGEVIEW DRIVE Nm CHANGED TO "VALLEY LANE". Hr. Hyde presented the proposed street name change of West 65th Street between Valley View Road and Ridgeview Drive to 'Valley Lane" for Second Read- ing as continued from Neeting of December 2. .Four residents of the street were present to urge that the name of the street be changed, whereupon Councilman VanValkenburg offered Ordinance No. 164-42 for Second Reading and moved its . adoption : I ORDINANCE NO. 164-42 AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE CERTAIN STREETS, ROADS AND AVENUES OF NO. 164 ENTITLED "AN ORDINANCE NAMING AND RENAMING 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 68 the following: "Section 69. West 65th Street' from Valley View Road to Ridgeview Drive as the same of record in the Office of the Register of Deeds, Hennepin County, is hereby named 'Valley Lane'." Section 2. This Ordinance shall be in affect from and after its passage and publication as of January 1, 1969. Motion for adoption of the Ordinance was seconded by Councilman Shaw and on roll- the ordinance was adopted. call there were four ayes and one nay, ATTEST : . Village Clerk U HYDE PARK PLAT APPROVAL CONTINUED TO JANUARY 20, 1969. Upon the recommendation of Mr. Hoisington, public hearing for preliminary approval of Hyde Park was cont- inued to January 20, 1969, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. I NO&DAIk ADDITION RREISER REPLAT GRANTED PRELIMINARY PLAT APPROVAL. ington presented Normandale Addition Kreiser Replat for preliminary approval, advising that this 2 and Virginia Avenues.. Mr. Hois- lot plat is located north of I?. 66th Street between Parnell It is proposed that Parnell Avenue will terminate in a 12/16/68 -cul-de-sac in order to provide access to Lot 2, Planning Commission has recom- mended approval, pending receipt of a lot depth variance which was granted by Board of Appeals for Lot 1. Councilman Johnson thereupon offered the following resolution and moved its adoption; having been advised that the lots as platted are generally consistent.with other lots in the area: RESOLUTION GRANTING PRELIMINARY APPROVAL FOR NORT!JANDALE ADDITION KREISER REPLAT BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Normandale Addition Kreiser Replat?, platted by Frank Kreiser and presented at the Meeting of the Edina Village Council of December 16, 1968, be and is granted preliminary approval. Motion for adoption of the resolution was s ed by Councilman Courtney and on rollcall there were five ayes and no n I n was adopted. I ATTEST: Village Clerk BLdML Yb, VEHICLE BIDS AWARDED. Affidavits of Publication in the Edina Sun and the Con- struction Bulletin were presented by Clerk, approved as to form and ordered placed on file. Mr. Hyde presented tabulation of bids received as follows: Bump Truck with Box: International Harvester Co., low bidder at $6,702.28, Hopkins Motor Sales, $7,439.25 and Bill Boyer Ford, Inc., high bidder at $6,755.00. Truck Chassks: International Harvester Co., low bidder at $6,068.29, Hoplcins Motor Sales at $6,101.65. Bituminous Distributor: Wagner Equipment Company at $7,145.00, Hayden Murphy Equipment Company, $7,615.00 and Borchert Intersoll, Inc. at $7,980.50. Councilman Shawls motion for award of bid to recowended low bidder in all cases, without trade-in, was seconded by Councilman Courtney and carried. Ruffrsdge-Johnson Equipment C0.,~1ow bidder at $6,634.00, .. COUNTY COOPERATIVE BIDS AWARDED. 8 Police Cars: Brookdale Chrysler-Plymouth low bidder at $2,183.73 per car, Southtown Chrysler-Plymouth at $2,211.20 each, Midway Ford at $2,529.00 each and Bill Boyer Ford high bidder at $2,662.00. 2 Detectives Cars, 1 Director of Parks Car: Brookdale Chrysler-Plymouth low bidder at $1,782,68, Southtown Chrysler-Plymouth at $1,866.35, Midway Ford at $1,924.00, Market Ford at $1,905.42 and Suburban Chevrolet high bidder at $2,27 1 . 62. Gasoline,Transport Delivery: gallon (with 1% discount), Gulf Oil Company at $0.1875 per gallon (no discount allowed), American Oil Company at $0.1888, Mobil Oil Corporation at-$0.1927 per gallon, Texaco, Inc., at $0.18775 per gallon and Midland Cooperatives high bidder at $0.1928, all prices delivered to the Village of Edina. Diesel and Heating Fuel Oil: American Oil Company, Standard Oil Division, low bidder for Diesel Fuel No. 2 atSO.124, Heating Fuel No. 1 at $0.134 and Heating Fuel No. 2 at $0.124 (all delivered to the Village of Edina) Mobil Oil Corpora- tion $0.1275 for Diesel Fuel No. 2, $0.1375 for Heating Fuel No. l and $0.1250 for Heating fuel No. 2, Midland Cooperatives, Inc., for Diesel Fuel No. 2, $0.1274, for Heating Fuel No, 1 at $0.1299, for Heating Fuel No. 2 at $0.1224 (prices provide delivery to Brooklyn Park, Brooklyn Center and Crystal only) Councilman Courtney's motion awarding bid to recommended low bidder in all was seconded by Councilman Johnson and carried. METROPOLITAN ZOO DISCUSSED. been received from Mrs. Robert Johnson, Councilwoman from Minnetonka, who had urged.Edina's cooperation in financing a zoo to serve the entire metropolitan area. Following considerable discussion, Councilman Courtney's motion that Council favors establishment of a zoo if it could be self-liquidating and self-financing in opposition to. being tax supported, was seconded by Councilman Johnson and carried. Mr. Hyde presenFed tabulation of bids received - in response to Hennepin County Advertisement for bids as follows: Sinclair Oil Corporation low bidder at $0.1875 per cases Mr. Hyde advised Council that a communication had I MORNINGSIDE GROCERY OFF-SALE: BEER LICENSE APPROVED. side Grocery is under nev7 ownership and that a new Off-sale Beer License applica- recommended by the Police Department was seconded by Councilman Shaw and carried. Being advised that Morning- - tion has been received, Councilman Courtney's motion approving the license as LOTS 28 AND 29, WARDEN ACRES DIVISION APPROVED. petition for division of Lots 28 and 29, Warden Acres advising that R-2 zoning had been approved for this property based on this division and that Planning Commission had recommended approval. Mr. Hoisington presented the Councilman Shaw thereupon offered the 327 1 12/16/68 following resolution and moved 5ts adoption: IJIIEREAS, Stephen N. Lisle andI?illiam F. Sharpe are.the owners of a certain parcel of land in the Village of Edina described as follows: That part of Lot 28, lying {?est of railroad right-of-way and the East 125 feet of Lot 29, "Warden Acres, Hennepin County, Minnesota", according to the map or plat thereof duly recorded in said Hennepin RESOLUTION . County; and WHEREAS, said owners have requested approval of the Village of Edina of the con- veyance and otmership of the above described land as a separate parcel; and WHEREAS, it has been determined that co@liance 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 Subdivision 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 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 ord- inances 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 . rollcall there were five ayes and no nays ATTEST: I 8, h (h.b-L&- Village Clerk I. LOTS 1 AND 2. BLOCK 1, EDINA INTERCHANGE CENTER DIVISION APPROVED. Mr. Hoising- ton presented Lots 1 and 2, Block 1, Edina Interchange Center for division, as recommended by Planning Commission, advising that the new post office is being constructed on this property. Councilman-Shaw-thereupon offered the following resolution and moved its adoption: RESOLUTION WHEREAS, Albert J. Ehlen is the owner of.9 certain parcel of land in the Village of Edina described as follows: .. Lot One (1) and the Westerly Thirty-nine (39) feet of Lot Two (2), Block One (10); Edina Interchange Center, according to the plat thereof on file and of record in tEie office of the Register of Deeds, in and for Hennepin County, Biinnesota , subject to restrictions; cov- enants and easements of record; and f;MEFWS, said okmer has requested approval of the Village of Edina of the convey- ance and ovmership of the above described=land as a separate parcel; and IEEREAS, 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 Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; N0W;THEREFORE; IT IS HEREBY RESOLmD 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*Qrdi- nance 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 ordi- nances 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 rollcall there were five ayes and no nays an . - - I *I^ 3 9 - .. ATTEST : PART OF GOVERNMENT LOT 1, SEC. 9, T, 116, R. 21 DIVISION APPROVED, noting that it is encompassed in the Edina Interchange Center 111 Addition, but that the County has asked for approval of the division since the subdivision has not yet been submitted to the County for recording. thereupon offered the following resolution as recommended by Planning Commission and moved its adoption: Hr. Hoising- - ton presented part of Government Lot 1, Sec. 9, T. 116, R. 21 for division, Councilman VanValkenburg 12/16 /6 8 I 328 RE SOLUTION WHEREA , Metro U. S. Construction Corporation is the owner of a certain parcel of land in the Village of Edina described'as follows: All that part of the South ten rods of Lot 1, except State Highway, Section lying west of the center line of-Nine Mile Creek; and . 9, Township 116, Range 21, according to the government survey thereof, IIHEREAS, 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 VHEREAS,. 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 Subdivision 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 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 263-8 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 approva3. of this Council as may be provided for by these ordinances Motion for adoption of the resolution was seconded by Councilman Shaw and on roll- call there were five ayes and no nays and the t ATTEST:, ?iLuJ-- 43, Village Clerk ' LOT 13,. BLOCK 2, LAKE EDINA ADDITION, DIVISION APPROVED. Mr. Hoisington presented petition for division of Lot 13, Block 2, Lake Edina Addition, advising that this division had been made some time ago buLnever recorded and that a resolution is needed in order to clear titlb. reso1ut.ion and moved its adoption: IIJHEREAS, John D,. Buzdakis is the owner of a certain parcel of land in the Village of Edina described as follosqs : That porcion of Lot 13, Block 2, Lake Edina Addition, beginning at the most Northerly corner of said Lot 13; thence Southeasterly along the Northeasterly -1tne of said Lot 13, 3.0 feet; thence in a straight line to the most Westerly corner of said Lot 13; thence along the Northwesterly line of said Lot 13 to the point of beginning, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin Councilman Johnson thereupon offered the following RE SOLUTION I . County, Minnesota; and - IIHEREAS, 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 I?HEREAS, 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; Not?, 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 compliancg 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 eeconded by Councilman Shaw and on rollcall there were five ayes and no nays and the ATTEST: Mayor /' ?ILLIAM SCOTT'S ADDITIOH PETERSON REPLAT GRANTED FINAL APPROVAL. presented Villiam Scott s Addition, Peterson Replat for final approval as recommended by Planning Commission, whereupon Councilman Shaw offered the following resolution and moved its adoption: Mr. Hoisington 329 G' 12/16 /68 RESQLUTION APPROVING WILLIAM SCOTT S ADDITION PETERSON REPLAT I . ' BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota that that certain plat entitled William Scotts Addition Peterson Replat, presented at the Meeting of the Edina Village Council of December 16, 1968, and platted by Jack A. Peterson or Jaclc Arthur Peterson and Corrine F. Peterson, husband and wife, be and - is hereby approved. Motion for adoption of the resolution was secon Councilman VanValkenburg and on rollcall there were five ayes and no nays I haAu-iz I ATTEST: d/ dL?&Le& Village Clerk D, E. THOMAS. JR. ZONING =QUEST FOR 515T AND FRANCE DENIED AS RECCE%ENDED BY PLAN- NING COMMISSION. Elr. Hoisington advised Council that Planning Commission has recommended denial of a request of Mr. D. E. Thomas, Jr., for C-4 Commercial District zoning for property located at 5100-5502-5504 France Avenue based on the following facts : 1. 2. I The zoning ordinance prohibits commercial zoning under existing circum- stances. The request is not in accord with the overall plan for the 50th and . France Area., There would apppear to be uses which would be more in keeping with the overall land use concept in the area which would have less adverse impact on adjacent single family residences and traffic movements in the area. Therre appears to be no reason why the property cannot be used in accordance with the plan for the area. A service stapion geficiency does not appear to exist in the area, The site itself has no physical limitations which prohibit all uses except that of a service station. Following considerable discussion, Councilman Courtney's motion accepting the recommendation of the Planning Commission and that Mr. Thomas be advised that if he desires, a public hearing may be conducted by Council, 17as seconded by Council- man Shaw and carried. HEARING DATES SET FOR PRELININARY APPROVAL. Upon recommendation of Mr. Hoising- ton, January 6, 1969, was set €or hearing date for preliminary approval of Valley Estates First Addition, llendelssohn Addition Hallquist Replat and O'Neill R.L. S, located at Xerxes Avenue and the Crosstown Highway by motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried. FRANCE AVENUE: - CROSSTCMN HIGHWAY TRAFFIC SIGNAL COST SJ3lRING AGFWHENT APPROVED. Hr. Hyde recalled that the County Highway Department had offered to pay 75% of the cost of traffic signals at the intersection of France Avenue and the Crosstown Highway, with the Village paying 25% and that at the Council Meeting of December 2, 1968, Council had requested that the County pay a larger percentage of the cost. Messrs. Herbert 0, Klossner and Sam Fisher of the Hennepin County Highway gave the history of County participation in financing signals, noting that prior to 1963 the County had not paid any part of the cost. he believes that Edina pays a larger share of County construction and maintenance costs than any other municipality. policy with all municipalities. Johnson's motion that the County pay 75% and the Village 25% of the signal install- ation with the CounEy to pay the cost of maintenance ~7as seconded by Councilman VanValkenburg and carried by vote of four ayes with Mayor Bredesen voting "nay!'. . CROSSTOTcIN HIGHWAY LIGHTING PLANS were presented by Messrs . Herbert 0, Elossner and Sam Fisher of the Hennepin County Highway Department and accepted for reviewal by motion of Councilman Shaw, seconded by Councilman VanValkenburg and carried. WATERMAIN 219 AND SANITARY SEVER 258 ASSESSMENTS FOR PARCEL 3810, S, 32. T, 117, R. 21 DEFFERRED. Mr. Whitlock advised Council that the mortgage company which . holds the mortgage for Parcel 3810, S. 32, T. 117, R. 21 had refused to sign the declaration deferring payment of assessments for Watermain 219 and Sanitary Sewer 258. As recommended by the Village Attorney, Councilman Johnson's motion accept- ing the declaration as signed by Nathew and Bonnie McPherson spreading'the assess- ment over eight years starting in 1971 was seconded by Councilman Shaw and carried. 3. 4. 5. - 1 - Mayor Bredesen said that He was assured that the County has a uniform Following considerable discussion, Councilman . I , 12/16/68 ( 330 5029 HALIFAX AVENUE ACQUISITION APPROVED. As recommended by Mr. Hyde, Councilman Johnson's motion authorizing acquisition of the Fleischbein property at 5029 Halifax Avenue for the sum of $28,000 if the Village obtains housing for the Fleischbefns, and up to $30,000 if it is not necessary to locate housing for them, was seconded by Councilman VanValkenburg and carried. -SLOPE EASEMENTS GRANTED TO STATE HIGHWAY DEPARTMENT, Mr. Hyde advised that the State Highway Department has offered the Village $100 each for two slope easements on T.H. 100, one at Eden Avenue and Arcade Avenue and the other near the Flumerfelt-property east of -the highway by Minnehaha Creek. Upon the recommendation 'of Mr. Hyde, Council- man Johnson's motion granting these easements, subject to approval by the Village of the design of the T.H. LOO bridg; over Minnehaha Creek, v7as seconded by Councilman Courtney and carried. OLD LIBRARY SITE STUDY AUTHORIZED. that the deed restriction be lifted for the old Library site to allow its use for something other than park or library purposes. a study by Barton Aschmann Associates which would be presentedc~gt~el~R~~~ residents for approval. This study would show detailed plans and specifications eos 'of which would be shared by the Village and the First Edina National Bank. that, if the project is approved, the Village's share of the cost would then be assessed against the improvement. as recommended was seconded by Councilman Shaw and carried. Mr. Hoisington recalled that it is necessary He recommended that Council approve I It is proposed Councilman Johnson's motion authorizing the study RUZIC PERMIT SIGNED FOR SIOUX TRAIL OUTLOTS. has signed a permit allowing the Village to go in on the Sioux Trail Outlots to do the grading work intended under Contract No. 68-20-D, and that the contractor, J. V. Gleason Co., Inc., has indicated that he will probably be able to do the work at the contract price. No action was eaken: Mr. Hyde advised Council that Joe Ruzic ' LIBRARY LEASE APPROVED. Counci9man-:Shav7' s,:rnotion that the Mayor and Village Manager be authorized to execute the Library lease for 1969, but deleting Paragraph 4 of the originally composed lease, was seconded by Councilman VanValkenburg and carried. It was noted that the Village must give ninety days written notice prior to the expiration of the lease if the lease is to be renewed and that the matter should be placed on an August, 1969, agenda. BIDS TO BE TAKEN FOR SANITARY SEWER IMPROVEMENTS NOS. 282, 283. FJATERMAIN IMPROVEMENTS . NOS. 241 and 242. Upon the recommendation-of Mr. Hyde, Councilman Shaw offered the following resolution authorizing taking of bids for Sanitary Sewers 282 and 283 and ... Watermains 241 and 242, and moved its adoption: - RESOLUTTON APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AM, DIRECTING ADVERTISEMENT FOR BIDS ... FOR SANITARY SEVERS 282 ANI) 283 AND IJATERMAINS 241 AND 242 BE IT RESOLVED BY THE VILLAGE COUNCIL, "VILLAGE OF EDINA, MINNESOTA: 1. ing Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approve&. 2. The Clerk shall cause to be published in the Edina Sun and.Construction Bulletin the following notice for bids for improvements: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA - ADVERTISEMENT FOR BIDS SANITARY SEWERS 282 AND 283 AND F?ATERMAINS 241 ANll 242 BIDS CLOSE JANUARY 3, 1969 The plans and specifications for the proposed improvements set forth in the follow- - SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801'f;l. 50th St., at 11:OO a.m., Friday, January 3, 1969, and the Edina Village Council will meet at 7:OO p.m. on Monday, January 6, 1969, to consider said bids for the construction of Sanitary Sewers and Watermains. The following are approximate quantities of major items: SANITARY SEVERS NOS. 282 AND 283 1140 L/F gr* V.C.P. .. 360 L/V 6'' V.C.P. 350. L/F 6" P.V.C. 535 L/F grr B.Y.C~ I VATZRMAINS NOS. 241 AND 242 2000 L/F 6" Watermain 31 Each, Curb Stops - 3 Each, Hydrants ' Ihrk must be done as described in plans and specifications on file in the office of the Village Clerk. Plans and specifications are available for a deposit of $25.00 121 16 /68 1 (by check). Said de'posit to be returned uion return of the plans and specifications with a bona fide bid. cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of bqse bid. to reject any or all bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. -Mdtion for adoption of the'resolution was on rollcall there were five ayes and no No bids will be considered unless sealed and accompanied by The Council rese&es the right .r Florence B. Iiallberg, Village Clerk - I ATTEST: Village Clerk PARNELL AVENUE STREET VACATION between' W. 66th Street and Lot 4, Normandale Second Addition hearing date was set for January 6., 1969, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. VACATION POLICY DISCUSSION CONTINUED to December 30, 1969, by motion of Councilman VanValkenburg , seconded by. Councilman Courtney and 'carried. MENTAL HEALTH-ALCOHOLISM TAX will be based on 2/3 of use and 1/3 of general levy. Nr. Hyde advised that this will reiult in the reduction of a fraction of a mill on *. the suburban levy. -- NINE MILE CREEK TO BE OBSERVED AS TO POLLUTION. had received a letter acknowledging his answer to the comunication received re- garding alleged contamination by the Village of Nine Mi&eCr$ek. system is to by observed by the State and a representative of the Village will a2so be p;resent to explain the matter. Mr. Hyde advised Coyncii that he The operating DECEMBER 30, 1968, vas set as the date of a Special Council Meeting by motion of Councilman Shaw, seconded by Councilman VanValkenburg and carri,ed. be held at 4:30 p.m. for year end negotiations. SHELL OIL DEED RESTRICTION RECEIVED..' IIr. Whitlock advised Council that the Shell Oil Deed Restriction had been received relative to Ordinance 261-175 . TRAIN WHISTLING ORDINANCE NO. 144-1 GRANTED FIRST READING. &. Hyde presented .Ordinance No. 144-1 for First Reading. had received a call from the attorney representing the Minneapolis, Northfield and Southern Railroad, advising that the Public Service Commission would object to the passage of this ordinance by the Village. of the Hinneapolis Association of Railroad Enthusiasts, advised that his group protests this ordinance, basicly because of the number of fatalities which occur at railroad crossings. He advised also that the American Association of Railroads and the Netropolitan 'Safety @unci1 also oppose adoption of this ordinance. Mayor- Bredesen noted that Council must consider the convenience and comfort, as well as the safety of citizens. offered Ordinance No. 144-1 for First Reading as follows: AN ORDINANCE AMENDING ORDINANCE NO. 144 Meeting to I Village Attorney Vhitlock advised that he Mr. John Larkin, Student President - Following considerable discussion, Councilman Courtney 1 ORDINANCE NO. 144-1 BY PROHIBITIhE UNNECESSARY SOUNDING OF HORNS BY TRAINS, AND BY PROVIDING k PENALTY. THFVILLAGE COUNCIL OF THE VILLAGE OF EDINA HEREBY ORDAINS AS FOLLOIG: Section 1. %ec. 3. Between the hours of 1,O p.m. and 6 a.m., no one shall sound a horn, bell, whistle? or other warning sound device attached to any railroad car, locomotive or engine except as a warning against immediate threatened danger. "Sec. 9. person shall be deemed a misdemeanor andskal.1 be punished by a fine of not more than $100 or by imprisonment in the Villafie, oy County jail for not .more than 90 days, together with costs of prosecution ,is e-ither case." SU33uRBAN HENNEPIN COG RELIEF BOARD AGREEMENT kPROVED*FOR 1969. mendation of 3Ir. Hyde, Councilman Johnson offered the following resolution and moved its adoption, approving Yenewal of the agreement between the Village and the Suburban Hennepin County Relief Board for 1969: Ordinance No. 144 is hereby amende4 by adding ther,eto the fpllowing: Railway Noises. Penalty. The violation of- zpy, section of this ordinance by any Upon the recom- 12/16/68 332 I RE SOLUTION L BE IT RESOLVED, that the Contract heretofore submitted, signed and executed by the Suburban Hennepin County Relief Board of the County of Hennepin for and during the year 1969 for the administration and supervision of poor relief in the Village of Edina be, and the same is hereby accepted, approved, renewed and extended for and during the year 1969 v7ith the same force and effect as though said original Contract, above described, were redated and resigned and executed as of the date hereof. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays andwresolution mp adopted. ATTEST : Mayor U SkLE OF $195,000 STATE-AID BONDS APPROVED. that sale of $195,000 State Aid Bonds be approved, Councilman Shaw offered the follow- Upon the recommendation of Mr. Dalen ing resolution and moved its adoption: RESOLUTION AIJARDING SALE, AUTHORIZING ISSJJANCE ANI) ESTABLISHING FOHM AND DETAILS OF $195,000 MUNICIPAL STATE-AID STREET BONDS BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows: 1. Under and pursuant to the provisions of Minnesota Statutes, Section 162.18, the Council.is authorized to issue general obligation bonds of the Village €or the purpose of providing funds for establishing, locating, relocating, construction, reconstructing and impkoving streets designated as municipal state-aid streets, and to purchase such bonds for .the account of any one or more of its municipal funds, including debt redemption funds, provided such bonds shall mature in not exceeding five years from their respective dates of issue, in principal amounts not exceeding in any calendar year> with the principal amount of .all other municipal state-aid street obligations maturing in such year, the total amount of the last annual allotment preceding the bond issue, received by the Village from the construction account in the municipal state-aid street fund of the State of Minnesota. ment of a portion of the cost of various municipal state-aid projects which have been duly authorized and contracted to be constructed with approval of the State Highway Department as a part of the municipal state-aid street system established by the Village and approved by the Highway Department, it is necessary for the Village to borrow the principal sum of $195,000, the projects and unpaid cost thereof to the Village being as follovs: For pay- Pro iect No. Unpaid Village Cost SAP-20-148-03 $38,000.00 SAP-27-620-04, 20-037-01 13,000 .OO SAP-20- 148-024 21,000 .oo SP-2785-113 22,000 .oo SAP-20- 145-05 23,000.00 SAP-20-141-02 13,000 .OO SAP-20-050-02 65,000.00 and 20-050-01 Total ~~$195,000.00 Bonds in the principal amount of $195,000 issued as herein provided, will not exceed in any calendar year, with the principal amount of all other municipal state-aid street bonds maturing in such year, the total amount of the last annual installment preceding the issuance of the bonds herein authorized received from the construction account in the municipal state-aid street fund, which was in the approximate amount 2. "Municipal State-Aid Street Bond", dated as of December 18, 1968, in the denomina- tion of $195,000. rate of 3.50% per annum, payable on March 18, 1969, and semiannually on each September 18 and March 18 thereafter, and shall mature on March 18, 1970, subject to the right reserved by the Village to redeem and prepay the bond at any time, at par and accrued interest, upon thirty days notice mailed to the registered holder and published in a daily or weekly periodical published in a Minnesota city of the first class or its metropolitan area circulating throughout the state and furnishing financial news as a part of its service. be payable at the office of the Village Treasurer. The bond shall be purchased for the account of the Improvement Bond Redemption Fund of the Village, and the Village Treasurer shall register the bond as to payment of principal by endorsement on the bond of a certificate of registration, reciting that the principal thereof will be payable only to such person as by such registration appears to be the owner thereof or his legal representative, and the Treasurer shall keep a permanent record of the bond registration. of $190,000. Pursuant to the authority described above, the Village shall issue its The bond shall bear serial No. 1, and shall bear interest at the Principal and interest shall 12/16 /68 3. in substantially the following form: The bond shall have no attached interest coupons, and shall be mimeographed UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN VILLAGE .OF EDINA IfUNICIPAL STATE-AID STREET BOND (Registered) No. 1 $195,000 KNOW ALL NEN BY THESE PRESEmS that the ,Village of Edina, in the County of Henn- epin and State of Minnesota, for value received acknowledges itself to be indebted and promises to pay to bearer or, if this bond is registered, to the registered holder hereof, the principal sum of on the 18th day of March, 1970, or on an earlier date on which it shall have been duly called for redemption, and promises *to pay interest on said principal sum from the date hereof until paid at the 'rate of three and. fifty hundredths per cent (3.50%) per annum, payable on March 18, 1969, and semiannually thereafter on each September 18 and March 18. Both principal and interest are payable at the office of the Village Treasurer, in Edina, Elinnesota, in any coin or currency of the United States of American which on the respective dates of payment is legal tender for public and przvate debts. For the prompt and full payment of such principal and interest the full faith and credit of the Village of Edina have been and are hereby irrevocably pledged. This bond is the only bond of an issue for the purpose of establishing, locating, relocating, constructing, reconstructing and improving municipal state- aid streets within the Village, in accordance with resolutions duly adopted by the Village Council, and pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Section 162.18 and Chapter 475. This bond is transferable by delivery, except while registered as to prin- cipal in the name of a holder'on'the bond register of the Village kept for that purpose at. the office of the Village Treasurer, with- such registration noted hereon by said Treasurer. unless made on such register by the registered holder in person or by his attorney duly authorized in writing and similarly noted hereon; but this bond may be dis- charged from registration by being in like manner transferred to bearer, and thereupon transferability by delivery shall be restored; but the bond may again and from time to time be registered in the name of a holder or transferred to bearer as before. Village and at par and accrued interest, at any time, upon thirty days' notice of such.redemption mailedzo the registtired owner hereof as shown on the bond register of the Village, and published in a daily ox weekly*periodical published in a 25nnesota city of the first class or its metropolitan area. shall cease upon the date specified for the redemption unless the bond is then presented for payment and payment is refused. IT IS HEREBY CERTXFIED AND RECITED that all acts, conditions and things . required by the Constitution and law of the State of Minnesota to be done, to happen, to exist and to be performed precedent to and in the issuance of this bond, in order to make it a valid-general obligation of the Village according to its terms, have been done, have happened, do exist and have been performed in regular and due form, time and manner as so required; that the issuance of this bond did not cause the "indebtedness of the Village to exceed any constitutional or statutory limitation; that prior to the issuance of this bond a direct, annual irrepealable ad valorem tax has been duly levied upon all of the taxable property in the Village for the years and in amounts not less than 5% in excess of sums sufficient to pay <he interest hereon and the principal hereof as the same respectively become due, and additional taxes, if required for such purpose, may be levied upon al-1 such property without limitation as to rate or amount; and that the Village has also irrevocably pledged and appropriated to the sinking fund fromahich this bond is payable an amount of the moneys allotted and to be allotted to the Village from its account in the municipal state-aid street fund of the State of MLnnesota suf- ficient to pay such principal and interest when due, and that the tax above described may be reduced by the amounts of such moneys or other moneys actually on hand and appropriated to the sinking fund. IN F7ITNESS 17HERF.OF the Village of Edina, Hennepin County, Whnesota, by its Village Council, has caused this bond to be executed in its behalf by-the signa- tures of its Nayor and Village Nanager and its and has caused this bond to be dated as of De ONE: HUNDRED NINETY-FIVE THOUSAND DOLLARS ' While so registered, no transfer hereof shall be valid i This bond is subject to redemption and prepayment, at the option of the . Interest on this bond affixed hereto, Countersigned: Village Manager 12/16/69 334 CERTIFICATE OF PdGI STRATI ON The within bond ha's been registered on the bond register kept at the office of the Village Treasurer in Edina, Minnesota, and the principal hereof will be payable only to such person as by- such registration appears to- be the owner hereof or his legal representative. NO VRITING HE~ON EXCEPT BY THE VILLAGE TREASURER Date Registered Owner Signature of Treasurer 4. The bond shall be prepared for execution under the direction of the Village 1 -- Clerk and,shall then be executed on behalf of the Village by the signatures of the Mayor and Village Manager, who shall affix the corporate seald the Village to the bond. therein, and the bond shall*be deposited in safekeeping by the Village Treasurer for the account of the Improvement Bond Rgdemption Fund, and the Treasurer shall then transfer the purchase price of fhe bond purchased by such fund, to-wit, the par value thereof, to the funds of the state-aid projects .in paragraph 1 of this resolution, and the accrued interest shall be deposited to the credit of the Municipal State Aid Street Bond Fund created by Ordinance No. 17-1, dated December 28, 1962. .5, ' as the same respectively become due, the full fiath, credit and taxing powers of the Village are hereby irrevocably pledged. To provide moneys for the payment thereof, there is hereby levied upon all of the taxable property in the Village a direct annual, ad valorem tax which shall be spread upon the tax rolls for the years and in the amounts as follows, and collected with and as a part of other general taxes of the Village in the respective ensuing years: The name of the fund for whose the bond is purchasedshall be insertgd For thk prompt and full payment of the principal and interest on the bond Year &noun t - The proceeds of such tax shall be paid into the Municipal State-Aid Street Bond Fund and expended therefrom in accordance with Ordinance No. 17-1, adopted December 28, 1962, and the bond and interest shall be paid from that fund and secured by a11 of the covenants contained in that ordinance. There is also irrevocably pledged and appropriated to this fund an amount of the moneys allotted and to be allotted to the Village from its account in the municipal state-aid street fund of the State of Minnesota, sufficient to pay such p&ncipal and interest when due, and upon receipt of such moneys from time to time the taxes herein levied shall be reduced by the amounts so received, in the manner provided in said ordinance, 6. ' The Village Clerk is hereby authorized and directed to file with the County Auditor of Hennepin County, Minnesota, a certified copy of this resolution together with such other information as the County Auditor may require, and to obtain from said Auditor prior to the delivery of the bond herein described a certificate that said issue has been entered upon his bond register. 7. The officers of the Village and the County Aujitor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of said bond, and to the attorneys approving the legality of the issuance thereof, certified copies of all proceedings and records of the Village relating to said bond, and such other affidavits and certificates as may be required to show the facts relating to the legality and marlcetability of the bond, as such facts appear from the Village's books.and records in their custody and control or are otherwise known to them, and all such certified copies, certificatds and affidavits, including any heretofore furnished, shall be deemed representations of the .. Village as to the correctness of all statements contained therein. Notion for adoption of the resolution was on rollcall there were five ayes and no n .. ATTEST : z&44?4, A. 7aLi?A7-- Village Clerk RECREATION CENTER PaPORT AS OF OCTOBER 31, 1968, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman VanValkenburg, seconded by Councilman Shaw and carried. 335 / 12/16/68 GOLF COURSE REPORT AS OF OCTOBER 31, 1968, was presented by Mr. Dalen, reviewed' and ordered placed on file by motion of Councilman Courtney, seconded by Council- m& Shaw and carried. STATEMENT OF ESTDfATED EXPE&ES AND'RECOMMENDED TRANSFERS was presented by Mr. Dalen, reviewed and ordered approved by motion of Councilman Johnson, seconded by Councilman Shaw and carried. VILLAGE MAPS TO BE SENT TO EACH HOUSEHOLD. are being printed and recommended that one map be given without charge to each household in the Village, whereupon Councilman Johnson's motion approving printing of additional maps for distribution as recommended was seconded by Councilman Shaw Mr. Hyde noted that new Village maps . and carried. TREASURER'S REPORT AS OF NOVEIBER 30, 1968, was presented by and ordered placed on file by motion of Councilman Courtney, man Johnson and carried. Mr. Dalen, reviewed " seconded by Council-. FIRE FIGHTERS' UNION REQUESTS CONSIDEREb. President of the International Association of Fire Fighters, advised Council that the Fire Fighters have come to an impasse with the Village Manager concerning demands of the Fire Fighters' Union and that he is negotiating for them. Council was reminded that during budget formulation meetings, original request of the Fire Fighters had been' considered and that an increase had been approved averaging 10.45% for all employees of the department, ranging from 8.32% to 13.89%. . Mr. Lippold pointed out that two years ago Police and Fire Fighters were paid at the. samezate and that there is now a $79.00 differential. Mr. Hyde said that the di€ferential is only $50.00. ments shared the same benefits and salary schedule'and deplored the fact that a considerable differential now exists and that the Fire Fighters are not being treated fairly and equitably. two departments are based on supply and demand and that he would be glad to have any member of the Fire Department transfer to the Police Department since it is always more difficult to fill Police Department openings fhan those in the Fire Department. to those of other municipalities. all cities over 10,000 now pay police more than firemen and that as far back as 1955, somewhat more than 20% did. Fire Department was almost negligible,'ahile in the Police Department there had .been several voluntary resignations and that more men had applied for the Fire Department than for the Police -Department. of the Madison, S;fisconsin, Fire Department educational incentive plan have been closely followed. of the Edina Fire Department reiterated Mr. Lippold's statement that benefits should be increased so as to be comparable with -those of the Police Department. He also requested that sick days not be used if. .a Fire Fighter should be injured in the line of duty. will check with other suburban municipalities to determine their policy in such a case. Following considerable discussion, Councilman Johnson's motion that the salary Schedule.for Fire Fighters be approved and that the schedule of working days gradually be reduce4 as additional authorized manpower becomes available, to 224, was seconded by Councilman Courtney and carried. Mr. Harley Lippold, Fifth District Vice Nr. Lippol'd noted that traditionally the two depart- Mayor Bredesen advised that the benefits of the He noted that Edina Fire Fighkers receive benefits which are comparable I Elr. Hyde pointed out that nearly one-third of He also pointed out that turnover in the Edina Mr, Hyde further noted that policies Mr. Kenneth Nelson Mr. 'Hyde advised that he CLAIMS PAID. and carried for payment of the following Claims as per Pre List: $114,507.15; Construction Fund, $267,677.58; Park, Parlc Construction, Swimming Pool, Golf Course and Arena, $7,561.49; Uater Zund, $6,269.91; Liquor Fund, $77,351.57; Sewer Rental Fund, $1,222.68; Improvement Funds, $45,241.54; Poor Fund, $5,522.84; Total, $525,354.76. No further business appearing, Councilman VanValkenburg's motion for ajoumment was seconded by Councilman Shaw and carried. Motion of Councilman Shaw was seconded by Councilman VanValkcenburg General Fund, /4u Ajournment at 10:30 p.m. 4% %L?xkLs, Village Clerk 4 I