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HomeMy WebLinkAbout19690120_regular17 MINUTES OF THE REGULAR MEETING OF THE EDINA VILZAGE COUNCIL HELD AT VILLAGE ~~LL ON . MONDAY, JANUARY.20, 1969 Members answering rollcall were Councilmen Courtney, Johnson ,, Shaw , VanValkenburg and NayoY Bredesen . OATH OF OFFICE was administered by the Clerk to Councilman Richard C, Johnson whose term of office will expire on January 1, 1972. MACKEY AVENUE STREET IMPROVEMENT TABLED PENDING RECEIPT OF OPINION OF VILLAGE 4TTORNEY AS TO LEGALITY OF CLOSING PUBLIC ROAD. presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted and action taken as herein- after recorded: CONSTRUCTION OF STREET IMPROVEMENT P-BA-138 in Makcey Avenue from 160 feet North of Sunnyside Road to West'44th Street. Mr. Hyde presented total estimated construction cost at $3,294.14 for construc- tion of opening, grading, graveling, permanent' street surfacing and concrete curb and gutter in Mackey Avenue between Sunnyside Road, across the old street car right-df-way to connect with West 44th Street, proposed to be assessed aginst benefited properties on Mackey Avenue and Sunnyside Road Vest of Browndale Avenue at either $1.09 per assessable foot or against 38 estimated assessable lots at $86.68 estimated cost per lot. improvement was dedicated for street purposes as part of the original plat but had never been opened. this area is presently from T.H. 100 and that such access will soon be elimin- ated with the change of Highway 100 to a limited access expressway facility. He also said that since Sunnyside Road is only eighteen feet wide, it would be extremely difficult for emergency vehicles to serve this area adequately during periods of heavy snow, it seems imperative that Mackey Avenue be opened at this time. received from Mr. R. V. Gisselbeck, 4500 Browndale Avenue, and letters oppos- ing the improvement from Mr. Benjamin..Bermel, 4603 Sunnyside Road,and from Mr. War.ren Maul, 4601 Sunnyside Road. made by Mr. Maul who had written that he had not received notice of this hear- ing and that he "experienced no such difficulty with assessment and taxation notices." ing, but that he is sure that mistakes are made in assessment notices and tax stateinents as well and that Mr. Maul's remarks were ill-advised. He said that he hoped that Mr. Maul's neighbors will relate these comments to him. Dr. K. A. Prem, 4806 Sunnyside Road, advised that he has talked kth neighbors and that he does not feel that it is probable that an emergency would occur in this area and that in the event of an emergency, cars could be driven into driveways to allow the emergency vehicles to pass. He protested that this improvement would significantly increase the volume of traffic in the area and that this would pose a danger to young children. While-noting-that property owners do not object to paying for the improvement if it is absolutely necessary, could be opened for emergency vehicles and-snow plows. petition which he had circulated among seventy home owners, advising that only six had refused to sign the petition. only concerned about the increase in traffic. Mayor Bredesen pointed out that Council is also concerned about bringing additional traffic into any residential street of the Village, but that it is not anticipated that this improvement would cause any such result'. Village Attorney Whitlock advised that he had been unable to find any case determining whether it was legal to block a public street. 'Pierce, Walter Flumerfelt, C. S. Walker, Mrs; A. C. Brion and Dr. H. J. Zahalka concurred with Dr. Prem's remarks and added that Sunnyside Road is too narrow to handle the additional traffic which would exist if Mackey Avenue is opened as proposed. SunnysidelRoad is not widened sufficiently when it is plowed. Dr. H. 0. Einan, 4903 Sunnyside Road,.complained because the existing emergency access to T.H. 100 has not been plowed, and could not; 'therefore, be used should an emergency arise. rected. Mayor Bredesen advised that it is the responsibility of the Council to protect the lives and property in the community and that after the T.H. 100 construction, there will be no emergency access to protect the thirty-five homes in the area. be severely criticized for not providing for proper access to these homes. Affidavits of Notice were The land necessary for such Mr. Hyde pointed out that emergency access into Mr. Hyde advised that a letter favoring the improvement had been Mayor Bredesen took exception to a statement Mayor Bredesen noted that a mistake may have been made on this mail- he proposed a lesser improvement of some type with a gate which Dr. Prem presented a He also emphasized that residents are Sunnyside Road residents, Messrs. G. R. Burley, Thomas Hayes, Peter Dr. Frank S. Wright, 4600 Sunnyside Road, complained because He was assured by Mr. Hyde that this situation would be cor- He noted that if an emergency should arise, Council would I. 18 1/20/69 He suggested that a traffic count be made before the improvement is installed and that another count be made after the street is completed. If there is a substantial increase in traffic from outside the area, he would then recommend some kind of barricade which could be put up so that only emergency vehicles could enter the area at that point. who refused to sign the petition have as much right to prbtectibn Is any other residents of the Village. de-sac in the Village and that cul-de-sacs are now limited to 700 feet because of this very problem. walking in the street if additional traffic should result. said that after hearing arguments presented'by property owners, he would recom- mend that a gate be installedif the traffic count proposed by Mayor Bredesen indicates'a need. Councilman Johnson advised that he does not see why a gate is needed in this area any more than in any other area and that he believes that this would only set a precident in the Village. He further said that if this improvement is necessary to get emergency vehicles into the area, then the improvement should be authorized'inasnych as Council has an obligation for the safety of all-residents. Mrs.. P. F. Pierce, 4804 Sunnyssde Road, said that it is because of the extremely narrow road that traffic should be restricted and questioned how it can be determined if the cars involved in the traffic count are driven by an area resident or by people from other areas of the'metropolitan district. Mayor Bredesen replied that if there is an appreciable difference in the count, then someone would be stationed in the area to ask drivers the destinations of the vehicles. Following considerable'discussion, Councilman Shaw. I moved that the street be improved as proposed, with.the provision that, because of the eighteen foot street width, a traffic count be taken in accord- ance with Mayor Bredesen's suggestion, and if the traffic count of vehicles from outside the Sunnyside area proves to be substantially in excess of the traffic count taken before the improvement is constructed, that a gate be in- stalled at the corner of Maclcey Avenue and W. 44th Street. Mr. Pierce urged that the gate be installed before the road is opened and that a minimum im- provement, without curb and gutter be installed, Mayor Bredesen assured the group that results of traffic counts talcen,.first in April or May, and again in August or September after the improvement has been completed, would be reported back to a committee of neighbors. closing €he street be referred to the Attorney General. ensued, following which Councilman Shawls motion was seconded by Councilman Courtney and the roll being called, votes were cast as follows: Councilman Courtney, "aye"; Councilman Johnson, "nay", stating that he favors the street improvement as okginally proposed as being necessary for the protection of residents in the area, but that he opposes installation of the gate as being an unsound method of traffic control, of questionable legality, creating an unhealthy precident and because he does not believe the eighteen foot road to be a sound reason for installing the gate; Councilman Shaw, "aye"; Councilman VanValkenburg, "nay", stating that he favors the construction of the road as proposed but that he does not want to be in the position of assuring residents that the road will be closed if such action would be illegal. man Courtney's motion that a legal opinion be rendered by the Village Attorney as to blocking the road and that the matter be tabled for consideration to see if the promise ielied'in the motion can be kept, was then seconded by Council- man Shaw and carried. they will receive notices of a new hearing. Councilman Johnson noted that 'the six people Mr. Hyde said that this is really the longest cul- An unidentified lady mentioned the danger to children Councilmari Shaw . . Dr. Zahalka requested that the legality of Additional discussion The motion having lost, Council- Residents were advised that when the-opinion is received, PARNELL AVENUE STREET VACATION APPROVED. Affidavits of Notice were approved as presented by Clerk and ordered placed on file. Mr. Hoisington presented the request for vacation of a portion of Parnell Avenue lying north.of West 66th Street, advising that Normandale Addition, Kreiser Replat,had been approved and variances granted in reliance on the vacation of this portion of Parnbll Avenue. Councilman VanValkenburg thereupon offered the 'following resolution as recommended by the Staff and the Planning Commission .and moved its adoption: .I RESOLUTION VACATING A PORTION OF WHEREA'S, 'two weeks' published, posted and mailed notice of a hearing to be held on January 20, 1969, at 7:OO porn., on the proposed street vacation hereinafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of Parnell Avenue, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective February PARNELL AVENUE . I 1/20/69 ' 19 .. 25, 1969, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council:. All that part of Parnell Avenue lying between a line parallel with and three feet North of the Westexly extension of the South line of Lot 5, Block 19, llNormandalea* and a circular line (concave to the North and having a radius of 50 feet) the center of said circle being 10 feet West of the Vest line of Lot 4, Block 19, "Normandale" and 50 feet South of the Westerly extension of the North line of said Lot 4. Motion for adoption of the resolution and on .rollcall there were five ayes adopted . ATTEST : Councilman Courtney W Mayor hLLLe.- &, 7!I!AR/e4JA 0, 6 Village Clerk WEST 69 1/2 STREET VACATION CONTINUED FOR N1NETS;XlAXS. Affidavits of notice were presented by Clerk, approved as to form and ordered placed on file. Hyde advised that the vacation of West 69 1/2 Street, located just west of France Avenue, had been continued from August 5, 1968, so that it might be known just what plans the County Library was making for its Regional Branch. He advised that it is his understanding that the County has taken options on property somewhere South of W. 70th Street, A letter has been received from Dayton Development Corporation requesting that the matter be again continued until plans for the "library" site have been finalized. that for parking. Mr. James Hoben, owner of the property at 6950 France Ave. S., advised that his concern-is that the street be improved for parking if it is not to be vacated, and if it is vacated, the land will be improved for a park- ing lot for the two adjacent buiLdings. It was noted that this street which was dedicated but never improved, might be needed if the property to the west should be subdivided. Councilman Shawls motion that the matter be continued for not more than ninety days and that the Planning Comission be instructed to study the matter and make a recommendation to Council was seconded by Councilman Johnson and carried. Mr. Mr, Hyde advised the two buildings on either side of West 69 1/2 Street need this property HYDE PARK GRANTED PRELIMINARY PLAT APPROVAL SUBJECT TO EXCHANGE OF DEEDS BETWEEN DEVELOPER AND THE VILLAGE. Clerk, approved as to form and ordered placed on file. sented Hyde Park for preliminary plat approval, advising that this twenty- four lot plat is located south of Dewey Hill Road just east of Braemar Park. Mr;.EdC?ard Johnston advised that he is the contract buyer and that he cannot get a deed to the property until the transfer of land is approved. ington advised that Planning Commission and the Park Board have recommended approval subject to approval of the exchange of deeds which is being worked out. its adoption: Affidavits of ,Notice were presented by the Mr. Hoisington pre- Mr. Hois- Councilman Johnson thereupon offered the following resolutipn and moved RESOLUTION APPROWNG PRELIMINARY PUT OF HYDE PARK BE IT RESOLVED by the Edina Village Council that that certain-plat entitled "Hyde Park", platted by Edward JohnsQcn and presented at the meeting of the Village Council of January 20, 1969, be and is granted preliminary plat approval, subject, however, to exchange of deeds,between the property owner and the Village of Edina. Motion for adoption of the resolution rollcall there were five ayes and no ATTEST: cilman Shaw and on Bc 9L Village Clerk JOHN R. ERLANDSON INSECTICIDE COMPLAINT REFERRED TO MOSQUITO ABATEMENT DISTRICT ANI, TO PARK DEPARTMENT. Mr. Hyde advised that a letter had been received from Mr. John R. Brlandson, 6501 Nordic Drive, expressing concern that insecticides used were killing wild life in the area.' ring the letter to the Mosquito Abatement District and to the Edina Park Department was seconded by Councilman Johnson and carried. Councilman Courtney's motion refer- ' 1/20/69 2o TRACT A, R.L.S. 1193 LOT DIVISION APPROVED, Mr. Hoisington presented the request of Inland Construction Company for division of Tract A, R.L.S. 1193, to divide the North 51.65 feet of Tract A, R.L.S. 1193 fromthe remainder of the tract and addlit to Lot 1, Block 2, Amundson's Terrace Addition, noting that the divi- sion meets all ordinance requirements. Councilman Courtney thereupon offered the following resolution and moved its adoption: RE SOLUTION WHEREAS, Inland Construction Corporation is the owner of .. certain parcels of land in-the Village of Edina described as follows: The North 51.65 feet.of Tract A, Registered Land Survey, No. 1193, as measured at right angles with the North line thereof, and that part of Lot 1, Block 2, Amundson's Terrace lying South of the North 278.70 feet thereof, and That part of Tract A, Registered Land Survey No. 1193, lying South of the North 51.65 feet thereof, as measured at right angles with the North line thereof; and WHEREAS, said owner has requested approval of the Village of Edina of the con- veyance and ownership of the above described land as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the.Village of Edina will create an unnecessary hardship . and said tract of land as a separate parcel does not interefere with the pur- pose of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Numbers 261 and 263-A; NOR, 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 a separate parcel is hereby ap,proved- and the requirements and provisions of Ordinance Nos, 261 and 263-A are hereby waived as to said division and convey- ande, subject, however, to the provision that no further subdivision be made of the above described tracts of land unless made in compliance with the perti- nent ordinances of the Village of Edina or with the prior approyal of its Council as may be provided for by these resolution was seconded by Councilman Sh &d-nd:nays and t-he resolution was adzpt -. ATTEST; jL..&;-- , Motion for adoption of the Mayor A 4f Village Clerk d AUDITOR'S SUBDIVISION 172 LOT DIVISION APPROVED. Mr. Hoisington presented the request of National Food Stores for the dgvision of a portion of Auditor's Subdivision 172, $advising that the proposed division is based on the rezoning of this property. IJhen the property lines in the 50th and France area are .established, the Village will yeplat the area, Councilman Shawthereupon offered the following resolution and moved its adoption: RE SOLUTION ~WBJ~LS, National Food Stores, Inc., is the owner of a certain parcel of land in the Village of Edina described as follows: That part of Lots 42 and 43, Auditor's Subdivision No. 172, described as follows: Commencing at a point located 206 feet North of the Southwest corner of said Lot 43 as measured along the West line thereof and 22.75 feet East of the West line of said Lot 43 as measured along a line parallel to the South line thereof; thence West parallel to the South line of Lots 42 and 43 to the Nest line of Lot 42; thence South along the 'Nest line of Lot 42 a distance of129 feet; thence East parallelwith the South line of Lots 42 and 43 a distance of 120.75 feet; thence North parallel with the West line of Lot 43 a distance of 108 feet; thence Northwesterly to the point of com- mencenknt, except the North 18 feet of the West 98 feet thereof, according to the recorded plat thereof on file in the office of the Hennepin County RZgister of Deeds; and WHEREAS, said owner has requested approval of the Village of Edina of the con- veyance and ownership of the above described fand as a separate parcel; and WHEREAS, it has been determined that compliance with the Subdivision and Zon- ing Regulations of the Villge of Edina will create an unnecessary hardship and said tract of land as .a sepafate 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 . 1/20/69 21 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 nf 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 on rollcall there were five ayes ATTEST : AUDITOR'S SUBDIVISION 172 LOT DIgISION APPROVED, Mr. Hoisington presented the request of Union Oil Company for the division of a portion of Auditor's Subdivision 172 as recommended by the Planning Department, noting that Qhen the property lines in the 50th and France Avea are finally established, the Village will replat the area.. Councilman VanValkenburg thereupon offered the follow- ing resolution as recommended by Planning Commission and moved its adoption: WHEREAS, Union Oil Company of California is the owner of a certain parcel of land in the Village of Edina des&ibed as follows: RE SOLUTION The South 50 feet of the North 150 feet of Lot 42 together with a non- exclusive easement for driveway purposes over and across the North 4.75 feet of.the West 18 feet of Lot 43, all in Auditor's Subdivision No. 172, according to the recorded plat thereof on file 'in the office of the Hennepin County Register of Deeds; 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 VJHEREAS, 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 provis- ions 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 appkoval of ' this Council as may be provided f Motion for adoption of the resolu on rollcall there were five ayes and n 4. ' Village Clerk "JSL TRACTS B, C AND D, R.L.S. 1253 PIVISION APPROVED. Mr. Hoisington presented the request of Mr. Frank Cardarelle for division of Tracts B, C and D, R.L.S., advising that these larger tracts are being divided into smaller two and three acre tracts, whereupon Councilman Courtney offered the following resolution and moved its adoption as recommended by the Planning Commission: sRESOLUTION WHEREAS. Frank Cardarelle and Roy H. Peterson. are the owners of certain parcels of land-in the Village of Edina described as follows: 1. 2. 3. 4. 5. The North 250.10 feet of Tiact B, R.L.S. 1253 That part of Tract B lying south of the north 250.10' and the North 133.15' of Tract C, R.L.S. 1253 That part of Tract C lying south of the north 133.15 feet, R.L.S. 1253 That part of Tract 'D l$ing north of the south 148.24', R.L.S. 1253 The*-south 148.24' of Tractp, R.L.S. 1253 and the north 296.58 feet of Tract E, R.L.S. 1253; and WHEREAS, said owners hGve requested approval of the Village of Edina of the conveyance and ownership of the above described land as separate parcels; and l?HEREAS, it has been determined .that compliance with the Subdivision and Zoning Regulations of the Village of Edina will create qnunnecessary hardship and said tracts of landas separate parcels does not interfere with the'purpose of the Subdivision and Zoning Regulations as contained in the Village of Edina 22 . 1/20/69 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 tractsof 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 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 provided for by these ordinances. Bfotion for adop,tion of -the resolution was sec Shaw and on O'NEILL REGISTERED LAND SURVEY GRANTED FINAL APPROVAL.. Mr. Hoisington presented O'Neill Registered Land Survey which ~.l;:b~undie'd.b'y:t~~.EiEBs%l~ycBe~ks Avenue, on the South by Heritage Drive, County Highway 62 on the North and a line running parallel with and 553.674 feet West of the West line of Xerxes Avenue'on the West as recommended by Planning Commission. the following resolution and moved its adoption: ~ Councilman Shaw thereupon offered RESOLUTION GRANTING FINAL APPROVAL TO O'NEILL REGISTERED LAND SURVEY BE IT RESOLVED by the Edina Village Counci'l that that certain Registered Land 1 Survey, presented for approval by-William F. 0' Neil1 covering property generally located South of the Crosstown Highway, Best of Xerxes Avenue, North of Heritage Drive and East of a line running parallel with and 553.674 feet West of the West line of Xerxes Avenue,Land presented at the Edina Village Council Meeting of January 20, 1969, be and is hereby granted final approval. 3fotion for adoption of the resolution was se rollcalJ there were five ayes and no nays Se resolutioHwas adopted. ed by Councilman Courtney and on FELZMAN'S ADDITION FUlWAGE AND/OR PARK EASEEBNT CONTINUED UNTIL PROPOSAL IS RECEIVED. in Fellman's Addition which was to have been obtained from Mr. James O'Brien relative to Ordinance No. 261-135 has not yet been received, whereupon Council- man Courtney's motion that the matter be removed from future agendas until a proposal is received was seconded by Councilman Shaw and carried. The Village Attorney advised that the Flowage and/or Park Easement GAULKR PROPERTY ACQUISITION AUTHORIZED. perty located at 5048 France Ave. s., owned by gugusta Gaulke, Hedvig and Rud- olph Larson is needed as part of the 50th and France Avenue ljasiness district improvement. Following some consideration Councilman Johnson's motion author- izing acquisition of the property for a consideration of $19,500 was 'seconded Mr. Hoisington advised that the pro- by Councilman Courtney and'carried. e,. $200 ADDITIONAL AUTHORIZED FOR FLEISCHBEIN PROBER'P.6, Mr. Hyde, Councilman Johnson's motion authorizing payment of an'additional $200 for the purchase of the Fleischbein property at 5029 Halifax Ave. was seconded by Councilman Courtney and carried, Upon the recommendation of JENSEN PROPERTY ACQUISITION DISCUSSED. Mr, Hyde advised Council that Mrs. Harry Jensen is in the proc'es's of selling her property located behind the I3fed~ciil.;3uilding at 3939 W. 50th Street and that the prospective owner is asking $3.00,per square foot for 1'1,000 square feet of propertyb considerable discussion, Councilman VanValkenburg's motion authorizihg the Village Manager to offer the property owner $2.50 per square foot of land or to threaten condemnation if necessary was seconded by Councilman Shaw and carried . CROSSTOWN HIGHWAY LIGHTING APPROVAL CONTINUED, Mr. Hyde advised Council that the County has submitted plans for lighting the Crosstown Highway which call for fifty foot poles with 1,000 watt bulbs, The lights will be twenty feet higher than lights on T.H. 494 and 600 watts brighter with the spacing of poles to be about 100 feet greater. yMr. Hyde expressed concern that residents Following .I 1/20/69 23 living along the highway would object to the brighter lights. Upon the recom- mendation of Mr. Hyde, Councilman VanValkenburg's motion that the matter be continued to the next meeting in order that Northern States Power and Hennepin County Highway representatives could be contacted and asked to come to the next meeting was seconded by Councilman Courtney and carried. SOLID WASTE COLLECTION DISCUSSED. Mr. Hyde advised Council that three addi- tional garbage haulers have come into the Village with intentions of est,ab- lishing regular routes and that the emergency which existed when Edina Morn- ingside Sanitation decidcid'to Arop its route on January 7, 1969, has improved considerably. suggestions as to.the possible revisions in the garbage ordinance for considera- tion at the next meeting. on collecting in one or more districts which might be set up and noted that he believed that all of the Village should have the same type of service as the Morningside area. advised that he would oppose the general idea'of dividing the Village into districts. has now decided to service the Koute which he had discontinued and that he would favor dividing the'village inio districts. February 3 agenda for consideration of the Village Manager's recommendations. Mr. Hyde said that he will make specific recommendations and Mayor Bredesen suggested that garbage haulers bid Mr. Edward Drury of Lake Harriet and Edina Sanitation Mr. Robert Sloan of Edina Morningside Sanitation said that he The matter will be on the BOARD AND COMMISSION MEMBERS TO BE APPOINTED FOR 1969. that he would recommend asking members of al.1 boards and commissions whose terms expire to serve for another term, whereupon Councilman Shaij's motion that Mr. Hoisington contact these people in the absence of Mayor Bredesen was seconded by Councilman Courtney and carried. Mayor Bredesen said ORDINANCE NO. 117C ADOPTED AT SECOND READING. Mr. Hyde presented Ordinance No. 117C, which establishes Fire 'Zones in the Village, whereupon Councilman Johnsan offered Ordinance No. 117C' for Second Reading and moved its adoption as follows: ORDINANCE NO. 117C AN ORDINANCE CREATING AND ESTABLISHING FIRE'ZONES, REPEALING ORDINANCE NO. 117B THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,.MINNESOTA, ORDAINS: Nos. 51B (Building Code) and 113 (Burning of Trash and Garbage), the Village is hereby divided into Fire Zones Nos. 1, 2 and 3, in accordance with the pro- visions of the Uniform Building Code: FIRE ZONE ONE Section 1. Fire Zones Established. For the purposes of Village Ordinances Fire Zone One consists of the- following described property: A. Commencing at the Northwest corner of the Southwest 1/4 of Section 29, Township 28, Range 24, (being the,intersection of France Avenue South with West 66th Street); thence Sctlth along the West line of the South- west 1/4 of said Section 29 to the centerline of West 69th Street; thence East along the centerline of West 69th Street to the centerline of York Avenue; thence Northerly along the centerline of York Avenue' to the North line of the Southwest l/4 of said Section 29; thence West ,along the North line of the Southwest 114 of said Section 29 to the point of commencement. Commencing at the Northeast corner of the Southeast 1/4 of Section 18, Township 28, Range 24; thence South along the East line of the to the East extension of the North line of Lot 56, Auditors Subdivision Number 172'; thence West aiong the North line of said Lot 56 and the East extension thereof a distance of 496.12 feet to the Southeast corner. of &ot 54, Auditors Subdivision Number 172; thence North along the East line of said Lot 54 and the North extension thereof a distance of 264 feet to the North line of Lot 41, Auditors Subdivision Number 172; thence West along the North lihe of said Lot 41 and the West extension thereof to the centerline of Halifax Avenue; thence North along the centerline of Halifax Avenue to the East extension of the South line of Ldts 1 and 2, Block 1, Stevens 1st Addition; thence West along the South line of said Lots 1 and 2, and the East extension thereof a distance of-230.62 feet to the Southwest corner of said Lot 2; thence North along the West line of said Lot 2 and the North extension thereof to the North line of the Southeast 1/4 of Section . 18, Township 28; Range 24 (Baing the centerline of West 50th Street); thence 'West along the North line cjf the Southeast 1/4.of said Section 18 a distance of 105 feet to the South extension of the 'Nest line of B. . Southeast 1/4 of said Section 18 (being the centerline of France Avenue) . 1/20/69 I 24 C. D. Block 1, Lund Kruse Addition; thence North along the West line of said Block 1 and the South and North extensions thereof to the Southeast corner of Lot 1, Block 4, South White Oaks Addition; thence East along a line parallel with, 82.26 feet South of, and measured at right angles to, the centerline of West 49t6 Street to the East line of the Northeast 1/4 of said Section 18 (being the centerline of France Avenue); thence South along the East line of the Northeast 1/4 of said Section 18 to the point of commencement, Commencing at the Northeast corner of the Southeast 1/4 of the Southeast 1/4 of Section 7, Township 28, Range 24; thence West along the North line of the Southeast 1/4 of the Southeast 1/4 of said Section 7 a distance of 130 feet to the North extension of the West line of Lot 79, Morningside; thence South along the West line bf said Lot 79 and the North and South extensions thereof to the- centerline of West 44th Street; thence Southwesteqly along the centerline of West 44th Street to the Northwesterly extension of the IJesterly line of Lot 12, Block 1, Berkeley Heights; thence Southeasterly along tk 1Jesterly line of said Lot 12 and the Northwesterly extension thereof to the most Southerly corner of said Lot 12; thence Southeasterly along a straight line to the most Northerly corner of Lot 1, Block 2, Berkeley Heights; thence Southeasterly along the Easterly line of said Lot 1 a distance of 171;5 feet to the most Easterly corner thereof; thence South along a straight line to the North- west corner of Lot 8, Block 26, Waveland Park; thence East along the North line of Lots 8, 9, 10, 11, 12, and 13 and the Easterly extension thereof a distance of 240 feet to the East line of the Southeast 1/4 of the Southeast 1/4 of Section 7, Tswnship 28, Range 24 (being the centerline of France Avenue); thence North along the last described line to the point of commencement . Commencing at the intersection of the centerline of Vernon Avenue (County Road No. 158) with the North line of the South 1/2 of Section 28, Town- ship 117, Range 21; thence East along the North line of the South 1/2 of said Section 28 a distance of 75 feet, more or less to the centerline of State Highway Number 100; thenae 'Southerly along the centerline of , State Highway Number 100 to the centerline of Eden Avenue; thence Southwesterly along the centerline of Eden Avenue to a line parallel witfi, 630 feet West of, and measured at right angles to, the East line of said Section 28 (being the South extension of the centerline of Arcadia Avenue); thence South along the last described line to the South 1ine.of said Section 28; thence West along the South line of said Section 28 to the Southwest corner of Lot.3, Block l,.Wanner Addition; thence North along the West line of said Lot 3 a distance of 182.51 feet to'the . Southeast corner of Lot 1, Block 2, Edenmoor; thence West along the South line of.Lots 1, 2, 3, and 4, Block 2, Edenmoor, and the West extension thereof a distance of 570 feet to the Southwest corner of Lot 4, Block 3, Edenmoor; thence North along the West line of said Lot 4 and the North extension thereof to the centerline of Vernon Avenue '(County Road No. 158); thence Northeasterly along the centerline of Vernon Avenue (County Road 158) to the East extension of the centerline of West 53rd Street; thence West along the centerline of West * 53rd Street and the East exten- sion thereof to the South extension of the West line of Block 1, Grand- view Plateau; thence North along the West line of Block 1, Grandview . Plateau and the South and North extensions thereof a distance of 708 feet to the centerline of West 52nd Street; thence East along the centerline of West 52nd Street to the South extension of the centerline of Hanker- son Avenue; thence North along the centerline of Hankerson Avenue and the South extension thereof a distance of 650 feet to the West extension of the South line of Lot 12, Block 1, Brookside Heights; thence East along the South line of. said Lot 12 and the West extension thereof to the west line of Block 4, Grandview Heights; thence North along the West line of Block 4, Grand View Heights to the Northwest.corner of Lot 5, Block 4, Grand View Heights; thence East along the North line of said Lot 5 and the East extension thereof a distance of 160 feet to the center- line of Summit Avenue.; thence North along the centerline of Summit Avenue and the North extension thereof to the Vest extension of the South line of Lot 48, Auditor's Subdivision Number,176; thence East along the South line of said Lot 48 and the West and East extensions thereof to the center- line of the track of the Minneapolis, .Northfield and Southern Railway; thence South along the centerline of said Railway to the centerline of Vernon Avenue (County Road No. 158); thence Northeasterly along the centerline of Vernon Avenue (County Road No. 158) to the point of com- mencement. . I . - I 1/20/69 25 FIRE ZONE TWO . Fire.Zone Two consists of the following described property, except for that property described in the description of Fire Zone One: A. Commencing at the Northwest corner of the Northeast 1/4 of the North- east 1/4 of Section 8, To~ship 116, Range 21 (being the intersection of the centerlines of West 70th Street and Gahill Road); thence Easterly along the centerline of West 70th Street to the centerline . of Nine Mile Creek, as said creek lies in a.generally NorthwesttSouth- east direction in the North 1/2 of Section 9, Township 116, Range 21; thence Southeasterly along the centerline of said creek to a line parallel with, 100 feet West,of, and measured at right angles to, the East line of said Section 9; thence East along a line parallel with the South line of the North-1/2 of said Section 9 to the East l.ine thereof, (being the centerline of State Highway Number 100) ; thence South along the East line of said Section 9 to the westerly extension of a line parallel with, 275 feet North of, and measured at right angles to, the South line of the West Part of Tract A, Registered Land Survey No. 679; thence East along the last described line and the westerly exten- sion thereof to the Bast line of said West Part of Tract A; thence South along the East line of szid Tract A a distance of 200 feet'to the Northwest corner of Tract S, Registered Land Survey No. 1050; thence East along the North line of said Tract S a distance of 320 feet to the Northeast corner thereof; thence South and 'Southwesterly along the Easterly side of said Tract S a distance of 387.71 feet to the most Southerly corner thereof; thence Southeasterly and East along the two most Southerly straight lines of Tract R of Registered Land Survey No. 1050 a distance of 618.08 feet to the Southwest corner of Tract ' A of Registered Land Survey No. 1218; thence North along the West line of said Tract A, a,distance of 473.91 feet to the Northwest corner thereof;.thence East along the North line of said Tract A and the Easterly extension thereof a diStance of 1350 feet to the Southeast ' corner of Tract A, Registered Land Survey No. 938; thence North along the most Easterly line of-said Tract A a distance of 345 feet to the North line of the Southwest 1/4 of the Southeast 1/4 of Section 31, Township 28, Range 24; thence East along the last described line a distance of 1,180.73 feet to the Northeast'corner of the Southwest 1/4 of the Southeast 114 of said. Section ,31; thence, North along the West line of the Northeast 1/4 of the Southeast 1/4 of said Section 31 a distance of 465.6 feet to the Southwest corner of Tract B, Registered Land Survey No. 1129; thence East along the South line of said Tract B a distance of 677,14 feet to the- Southeast corner thereof; thence North along the East line -of said Tract B and the Northerly extension thereof a distance of 2,167 feet to the North.line of the Southeast 1/4 of the Northeast 1/4 of said Section 31; thence East along tlie last described line a distance of 650 feet to the Northeast corner of the Southeast 1/4 of the Northeast 1/4 of said Section 31; thence North along the East line of said Section 31 (being the centerline of France Ave.) a distance of 463.35 feet to the East extension of the centerline of Hazelton Road; thence West along the centerline of Hazelton Road and the East extension thereof to a line parallel with, 290 feet West of, and measured at right angles to, the East line of said Section 31; thence North along the last described line a distance of 848.65 feet to the North line of said Section 31 +being the center- line of West 70th Street); thence West along the North line of said : Section 31 a distance of 450 feet to the Southerly extension of the centerline of Valley View.Road; thence Northerly along the centerline of Valley View Road and the Southerly extension thereof to the center- line of County Road Number ?62; thence Easterly and Northeasterly along the centerline of County Road 62 to the North extension of che West line of Lot 1, Block 1, Southdale Acres; thence South along said West line and the North-extension thereof a distance of 1217 feet to the Southwest corner of said Lot 1; thence East along a line parallel with the South line of the North 1/2 of Section 29, Township 28, Range 24 to the East line of the Northwest 1/4 of said Section 29, (being the centerline of Xerxes Ave. S.); thence South along the East 1ine.of the Northwest. l/4 of said Section 29 to the Easterly . extension of the North line of Lot 1, Block 1, York Terrace; thence West along said North line and the Easterly extension thereof a distance of 169.38 feet to the Northwest corner of said Lot l;*thence South along the West, line of York Terrace and the Southerly extension thereof to the North line of the Southeast 1/4 of the Southwest 1/4 of said Section 29; thence East along said North line a distance of 169.38 1/20/69 feet to the Northeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 29; thence South along the East line,of the West 1/2 of said Section 29 and the East line of the West 1/2 of Section 32, Township 28, Range 24, to the Southeast corner of the.Northwest 1/4 of said Section 32; thence Nest along the South line of the Northwest 1/4 of said Section 32 a distance of 328.8 feet to the West line of York Avenue as shown on the plat of York Hills; then+ South along Eaid West line of York Avenue a distance of 658.88 feet to the South line of West 75th Street as shown on the plat of York Hills; thence East along said South line of West 75th Street to a line parallel witfr, 165 feet West of, and measured at right angles to, the East line of the Southwest 1/4 of said Section 32; thence South along the last described line to the South line of said Section 32; thence West along the South line of said Section 32 and the South line of Section 31, Township 28, Range 24 to the Southwest corner of said Section 31; thence North along the West line of said Section 31 a distance of 36 feet to the Southeast corner of Section 9, Township 116, Range 21; thence West along the South line of said Section’9 and the South line of Section 8, Townsh+p 116, Range 21to the West line of the Southeast 1/4 of said Section..8, thence North to the centerline of Z8th.Street; thence Easterly along the centerline of 78th Street to the Southerly extension of the centerline of Cahill Road; thence Northerly along the centerline of Cahill Road and the Southerly extension thereof to the point of commencement. Commencing at the intersection of the South line of Section 19, Township 28, Range 24 (being the centerline of TJest 62nd Street) with the center- line of Valley View Road; thence Northwesterly along the centerline of Valley View Road to the Southerly extension of the Easterly line of Lot 10, Block 1, Valley View Terrace 3rd Addition; Thence Northerly along the Easterly line of said Lot,10 8nd the Southerly extension thereof a distance of 162.4 feet to the most Southerly corner of Lot 8’, Block 2, Valley View Terrace; thence Northeasterly along the Southeasterly line of said Lot 8 and the NortheasGerly extension thereof a distance of 194.9 feet to the centerline of Fairfax Avenue; thence Easterly along the centerline of Fairfax Avenue and the East extension thereof to the East line of the Southwest 1/4 of Section 19, Township 28, Range 24 (being the centerline of Wooddale Avenue); thence South along said East line to the West extension of the South line of Lot 16, Block 21, Fairfax; thence East along the South line of said Lot 16 and the West extension thereof a distance of 165.34 feet to the Southeast corner of said Lot 16; thence South along the West line of Lots 2, 3, 4, and 5, Block 21, Fairfax, a distance of 200 feet to the Southwest corner of said Lot 5; thence East along the South line of said Lot 5 and the East extension thereof a distance of 162.29 feet to the centerline of Kellogg Avenue; thence South along the centerline of Kellogg Avenue a distance of 150 feet to the Vest extension of the North line of Lot 14, Block 22, Fairfax; thence East along the North line of said Lot 14 and the West extension thereof a distance of 163.75 feet to the Northeast corner.of said Lot 14; thence South along the East line of said LoC 14 to the Southeast corner thereof; thence East along the North line of’Lot 10, Block 22, Fairfax and the East extension thereof a distance of 163.74 feet to the centerline of Oaklawn Avenue; thence South along the centerline of Oaklawn Avenue to‘ the South line of Section 19, Township 28, Range 24; thence Vest along the South line of said Section 19’to the point of commencement. Commencing at the Northwest corner of the Southwest 1/4 of Section 31, Township 117, Range 21; thence East along the North line of the Southwest 1/4 of said Section 31 to the centerline of Nine Mile Creek, as said creek lies in a generally Northwest-Southeast direction in the Southwest 1/4 of said Section 31; thence Southeasterly along the centerline of Nine Mile Creek to the East line of Registered Land Survey Number 1145; thence South along the East line of Registered Land Survey Number 1145 to the Southeast corner therepf; thence West along the South line of Registered Land Survey Number 1145 and the Westerly extension thereof to the Vest line of the Southwest 1/4 of said Section 31 (being the centerline of County Road Number 18); thence North along the West line of the Southwest 1/4 of said Section 31 to the point of commencement. Commencing at the intersection of the West line of County Road No. 18 with the West line of Section 6, Township 116, Range 21; thence South- easterly and Southerly along the West line of County Road No. 18 to the South line of Section 7, Township 116, Range 21; thence West along the South line of said Section 7 to the East line of Washington Avenue; I B. I, . C. D. . 1/20/69 27 thence North and Northwesterly along the East line of Washington Avenue until it intersects the West line of Section 6, Township 116, Range 21; thence North along the West line of said Section 6 to the point of commencement. FIRE ZONE THREE Fire Zone Three consists of all property in the Village not included in Fire Zones One or Two. Sec, 2. Ordinance No. 117B of the Village is hereby repealed and rescinded. Sec. 3, and publication. Motion for adoption of the ordihance on-rollcall there were five ayes ATTEST : This ordinance' shall take effect immediately upon its passage Village Clerk I! STATE AID FUNDS REQUESTED FOR TRAFFIC SIGNALS AT FRANCE AVE. AND HIGHWAY 494 AND W. 69TH STREET. Upon the recommendation of Mr. Hyde that State Aid Funds in the amount of $22,363.79 be requested for traffic signals at Erance Avenue at F.A.I. 694 and at West 69th Street, Councilman VanValkenburg offered the following resolution and moved its' adoption:. RESOLUTION APPROPRIATION OF MUNICIPAL STATE-AID FUNDS TO C.S.A.H. PROJECT WHEREAS, it has been deemed advisable and necessary for the Village of Edina to participate in the cost of a construction project located on C.S.A.H. No. 17 between F.A.I. 494 and West 69th Street within the limits of said munici- pality; and WHEREAS, said construction project has been approved by the Department .of Highways and identified in its records as S.A.P. No. 20-020-02; NOIJ, THEREFORE, BE IT RESOLVED that we do: hereby appropriate from our Municipal State Aid Street Funds the. sum of $22,363.79 to apply toward the construction of said project and request the Commissioner of Highways to approve this auth- orization. Motion for adoption of the resolution was rollcall there were five ayes andAno nays ATTEST: - . -1 ed by Councilman Shaw and on d LA, &UJ 1 Q, Village Clerk TRUCK BIDS AWARDED. for trucks, purchase of which had been included in the 1969 Budget. lation for One-half Ton Bickup trucks for the Fire Department, Village Build- ing Maintenance and two for the Engineering Department showed Iten Chevrolet low bidder at $1,833.80, Ken Ray Chevrolet at $1,910.93, Jay Kline Clievrolet at $1,940:47 and International Harvester high bidder at $2,427.32, Tabula- tion for one Three-quarter Ton Pickup truck for the Water Department showed Iten Chevrolet low bidder at $2,076.20, Zay Kline Chevrolet at $2,128.95, Hopkins Motor Sales at $2,221.27, Market Ford at $2,224.64 and International Harvester'high bidder at $2,676.69. Sewer Department showed Market Ford low bidder at $3,416.79 and Iten Chevrolet second low bidder at $3,456.88. mended low bidder in all cases was seconded by Councilman Courtney and carried. Mr. Dalen advised that .the County had taken ijojlnt bids Tabu- Tabulation for one Dump Truck for the . Councilman Shaw's motion for award to recom- CLAIMS PAID. and carried for payment of the foLlowing claims as per Pre-List:, General Fund, $29,513.89; :Construction Fund, $86,634.22; Park, Park Construction, Swimming Pool, Golf Course and Arena, $7,807.33; Water Fund, $9,556.28; Liquor Fund, $91,065.79; Sewer Rental Fund, $4,914.95; Improvement Funds, $2,000.00; Poor Fund, $29.19; Total, $231,521.65. Motion by Councilman Courtney was seconded by Councilman Shaw The agenda's business having been covered, Councilman Shaw's motion for adjourn- ment was seconded by Councilman Courtne and carried. Ad ., Village Clerk