HomeMy WebLinkAbout19690616_regulara tl
ORDINANCE NO. 261 -188 GRANTED FIRST READING. Affidavits of Notice were presented
by Clerk, approved as to form and ordered placed on file. Pursuant to due
notice given, public hearing was conducted on the request of Edina Realty for.
Office Building District 0 -1 zoning for property located on the Southwest
corner of France Avenue at W. 51st Street. Mr. Hoisington recalled that this
property consists,of four parcels immediately south of the ring route and that
C*0unci.1, ;h &d; :four :deniak far- eoristi- ruct-
,on of a gas. station on, the, s1te.approximately six months ago. It is now pro-
posed to construct a 16,000 square foot office building on this same property and
Kan:,,Comm -- has recommended denial of this zoning. Mr. Gene Gaddis, 5112
Gorgos Avenue, read a statement signed by owners of 26 adjacent properties . ex - <r
pressing opposition to the proposed zoning, stating that W. 51st Street pro-
vides a natural and established boundary between commercial zoning to the north
and the residential zoning to the south and that the development of new homes
on Gorgas Avenue has been predicated on the present Single Family District zon-
ing. Mr. Arthur Dickey advised that the proposed building is two stories high
with parking in the rear and underneath the building. Mr. James Ellingson,
5117 Gorgas Avenue, I1r. Miles Hirschey, 5101 Gorgas Avenue and Mr. Grant.
Eggen, 5112 France Avenue, all expressed concern that an office building would
devalue their property. Councilman Courtney rioted that he thought that a new-
building on the site under consideration would be preferable to the existing
houses. Mayor Bredesen said that it is highly unlikely that the present dwell-
ings would be replaced by new houses with the business area nearby. He added
that if the property is granted Office Building zoning, there must be assurance
that this type of zoning would not be continued further south on France Avenue.
Mayor Bredesen also suggested.the possibility of getting a:iiumYaet',.of ' ptoperties
under one ownership so that some type of multiple housing could act as a buffer
between the business district and single family dwellings.' Mr. Roger Rovick
of Edina Realty, speaking for Mr. David Thomas, was advised by Mr. Whitlock that
if a deed restriction were granted, the lot would have to be large enough to
support the type of zoning which.would be requested. Following bon6iderable
discussion, Councilman Courtney's motion approving Office Building District
zoning for the property under consideration, but with the stipulation that Second
Reading be deferred until assurance is given of proper multiple residence
development further down the block was seconded by Councilman Shaw and carried.
Councilman Shaw noted that this Council cannot bind future Councils by this
decision, however. Councilman Courtney thereupon offered Ordinance No. 261-11'
for First Reading as follows:
ORDINANCE NO. 261 -188
AN ORDINANCE.AMENDING ORDINANCE NO. 261
(ZONING.ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING ADDITIONAL OFFICE BUILDING DISTRICT 0-1
THE VILLAGE*COUNCIL OF THE VILLAGE OF_EDINA,.MINNESOTA, ORDAINS:
Section 1. Paragraph 1, Office Building:District Boundaries, of Section 8
(Office Building District of'Ordinance 261 of revised ordinances of the Village
MINUTES OF THE REGULAR MEETING OF THE
f
EDINA.VILLAGE_COUNCIL_HELD AT_VILLAGE HALL ON
>
MONDAY, JUNE 16, 1969
Members answering tollcall were Councilmen Courtney, Johnson, Shaw, VanValkenburg
and Mayor Bredesen.
MINUTES of May 19, 1969, were approved as presented by motion of Councilman
Shaw, seconded by Councilman Courtney and carried.
LOTS 7, 8 9, 10, BLOCK 3, GRANDVIEW HEIGHTS, ':RE- ZONING GRANTED FIRST READING.
Affidavits of Notice were presented by Cldrk, approved as to -form and ordered
placed on file. Mr. Hoisington presented the request of J. A. Danens fr6m -C22
Commercial District to Planned Industrial District, noting that these lots are
very low and divorced from the rest o•f the area and contiguous to the Edina
Public Works Building. No persons were present to register protests, whereupon
Councilman Shaw offered Ordinance No. 261 -187 for First Reading as follows:
ORDINANCE NO. 261 -18:7
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE - :VILLAGE OF - EDINA. BY ESTABLISHING AN
ADDITIONAL PLANNED INDUSTRIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS:
Section 1. Paragraph 2, Boundaries of Planned Industrial District of Section
�j
10 (Planned Industrial District) of Ordinance 261 of revised ordinances of
the Village of Edina, as amended is hereby further 'amended by adding after
subparagraph (bb) of said paragraph 2, the following subparagraph:
`�.
"(cc) Lots 7, 8, 9 and 10, Block 3, Grand View Heights Addition"
Section 2. This Ordinance shall be in full force and effect immediately after
its passage and publication according to law.
ORDINANCE NO. 261 -188 GRANTED FIRST READING. Affidavits of Notice were presented
by Clerk, approved as to form and ordered placed on file. Pursuant to due
notice given, public hearing was conducted on the request of Edina Realty for.
Office Building District 0 -1 zoning for property located on the Southwest
corner of France Avenue at W. 51st Street. Mr. Hoisington recalled that this
property consists,of four parcels immediately south of the ring route and that
C*0unci.1, ;h &d; :four :deniak far- eoristi- ruct-
,on of a gas. station on, the, s1te.approximately six months ago. It is now pro-
posed to construct a 16,000 square foot office building on this same property and
Kan:,,Comm -- has recommended denial of this zoning. Mr. Gene Gaddis, 5112
Gorgos Avenue, read a statement signed by owners of 26 adjacent properties . ex - <r
pressing opposition to the proposed zoning, stating that W. 51st Street pro-
vides a natural and established boundary between commercial zoning to the north
and the residential zoning to the south and that the development of new homes
on Gorgas Avenue has been predicated on the present Single Family District zon-
ing. Mr. Arthur Dickey advised that the proposed building is two stories high
with parking in the rear and underneath the building. Mr. James Ellingson,
5117 Gorgas Avenue, I1r. Miles Hirschey, 5101 Gorgas Avenue and Mr. Grant.
Eggen, 5112 France Avenue, all expressed concern that an office building would
devalue their property. Councilman Courtney rioted that he thought that a new-
building on the site under consideration would be preferable to the existing
houses. Mayor Bredesen said that it is highly unlikely that the present dwell-
ings would be replaced by new houses with the business area nearby. He added
that if the property is granted Office Building zoning, there must be assurance
that this type of zoning would not be continued further south on France Avenue.
Mayor Bredesen also suggested.the possibility of getting a:iiumYaet',.of ' ptoperties
under one ownership so that some type of multiple housing could act as a buffer
between the business district and single family dwellings.' Mr. Roger Rovick
of Edina Realty, speaking for Mr. David Thomas, was advised by Mr. Whitlock that
if a deed restriction were granted, the lot would have to be large enough to
support the type of zoning which.would be requested. Following bon6iderable
discussion, Councilman Courtney's motion approving Office Building District
zoning for the property under consideration, but with the stipulation that Second
Reading be deferred until assurance is given of proper multiple residence
development further down the block was seconded by Councilman Shaw and carried.
Councilman Shaw noted that this Council cannot bind future Councils by this
decision, however. Councilman Courtney thereupon offered Ordinance No. 261-11'
for First Reading as follows:
ORDINANCE NO. 261 -188
AN ORDINANCE.AMENDING ORDINANCE NO. 261
(ZONING.ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING ADDITIONAL OFFICE BUILDING DISTRICT 0-1
THE VILLAGE*COUNCIL OF THE VILLAGE OF_EDINA,.MINNESOTA, ORDAINS:
Section 1. Paragraph 1, Office Building:District Boundaries, of Section 8
(Office Building District of'Ordinance 261 of revised ordinances of the Village
6/16/69
of Edina, is hereby amended by adding the following sub - paragraph:
District 0 -1: •
(gg) The East 143 feet of North 72 feet of Lot 56; East 145 feet of
South 60,feet of Lot 56, East 135 feet of Lot 58; all of
Auditor's Subdivision No. 172 except that part of Lot 56,
Auditor's Subdivision No. 172, described as beginning at
Northeast corner of said Lot 56; thence South along'East
line of said lot, a distance of 76.62 feet; thence North -
westerly68.29 feet along a curved line, concave to the South-
west, having a radius of 43.5 feet and being tangent to
East line of said lot; thence West in a straight line,.
tangent to last described curve, a distance of 26.43 feet;
thence. Northwesterly 77.66 feet on a tangential curve to
the right, having a radius of 130 feet to an intersection
with the West line of-the East 143 feet of said Lot 56;
thence North along.said West line 11.14 feet to North line
of said lot; thence East along said North line 143 feet to
beginning.
Mayor Bredesen advised adjacent property owners that they would be notified
before Second Reading.
50TH AND FRANCE BUSINESS AREA IMPROVEMENT CONTRACTS CONTINUED. Mr. Hyde pre-
sented tabulation of eight bids received in response? to Advertisement for Bids
for Parking Ramp Project No. P -1 published in the Construction Bulletin on
Maya22 and 29.and June 5, 1969, and in the Edina Sun on May 22. Tabulation
showed Magney Construction Company low bidder*at $309,340.00, Watson Construc-
tion Company at $317,124.00, Berglund - Johnson, Inc., at $3183441.00 and North-
ern Contracting Company high bidder at $421,560.00. He advised that bids have
come in considerably higher than estimated and recommended that award of bids
for Parking Ramp P -1 be held, along with award of bids for Street Improvement
BA -.130 and Storm Sewer 114 until Mr. Dalen returns so that Council can go over
the entire financial picture of all improvements that are pending and under
contract. Councilman Courtney's motion continuing award of bids and authoriz-
ing a special meeting, if necessary, "was seconded by Councilman Johnson and
carried.
WATERMAIN-IMPROVEMENTS 243 and 244 CONTRACTS TO BE REBID. Mr. Hyde presented
Tabulation of three bids received for Watermain Improvements 243 and 244 re-
ceived in response to Advertisement for Bids;in the Edina Sun on May 29 and
in the Construction Bulletin on May 29, June 5 and 12, 1969. Tabulation showed
Northern Contracting low bidder at $63,953.50, NorthdAe Construction Co., Inc
at $76,065.00 and Matt Bullock Contracting Co., Inc-., high bidder at
$80,979.00 against Engineer's estimate of $50;781.00. He noted that bids were
becoming fewer and higher in cost. As recommended,by the Village Manager,,
Councilman Shaw's motion rejecting these bids and authorizing rebids was
seconded by Councilman Johnson and carried. .
STORM SEWER 119 CONTRACT AWARDED. Mr, Hyde presented four bids received in
response to Advertisement for Bids in the Edina Sun on May'29 and in the
Construction Bulletin on May 29, June 5.and 12, 1969. Tabulation showed North -
dale Construction*Co., Inc., low bidder at $34,995.50, Peter Lametti Construc-
tion Co. at'.$35,606.41, Northern Contracting Co. at $35,788.10 and C. S. Mc
Crossan, Inc., at $44,030.90 against Engineer's estimate of $32,806.00. As.
-recommended -by the Village Manager, Councilman Johnson's motion awarding con-
tract to low bidder, Northdale Construction Co., Inc., was seconded by Council-
man Shaw and carried.
FIRE INSURANCE FOR VILLAGE BUILDINGS AND CONTENTS BID`M- ARDED. Mr._Hyde pre-
sented tabulation of,six bids.received in response to Advertisement for Bids
published in the Edina Sun 'on May 15 and 22, 1969. Tabulation showed total
bids -for fire, extended coverage, vandalism and malicious mischief coverage of
Village properties as follows: Brandow, Howard & Kohler, Inc., Commerce &
Company low bidders at $5,627.36 annually;; Traff & Associates, Inc., and Con-
sumers Casualty, Inc., and Allied Mutual Insurance Co. at $9,100.00; W. A. Camp-
bell Sentry Insurance at $1,067.00; Park Plaza State Agency, Inc., and Ameri-
can Empire Insurance at $9,132.00; George E. Krueger, Employers Insurance of
Wausau. at $10,545.00. Councilman Johnson's motion for award to recommended
low bidder, Brandow,_ Howard & Kohler, Inc., Commerce & Industry Insurance
Company at $5,627.36 was seconded by`Councilman'VanValkenburg and carried.
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6/16/69 13,E
PROM CATERING COMPANY ON -SALE BEER LICENSE APPROVED. Councilman Johnson's
motion approving On -Sale Beer License for Prom Catering Company at Braemar
Golf Course for the Minnesota Golf Classic between July 7 and 13, 1969, with
a fee -of $25x00 was 96c6fided by Councilman Shaw and carried.
PETITIONS RECEIVED. The following petitions were received and ordered referred
to the Engineering Department for processing by motion of Councilman Shaw, sec-
onded by Councilman Courtney and carried: Permanent Street Surfacing, Concrete
Curb and Gutter in•Aspasia Circle, Shannon'Drive, Malibu Drive, Indian Hills
Arrowhead Addition, Valley Estates 1st Addition, Creek View Heights Addition
and W. 63rd Street between Virginia Avenue and Parnell Avenue; Storm Sewer
in Indian Hills Arrowhead Addition; Graveling and Stabilizing in Indian Hills
Arrowhead Addition and Valley Estates 1st Addition; Watermain in Valley Estates
1st Addition and Indian Hills Arrowhead Addition; Sanitary Sewer in Valley
Estates F. rst'_Addition and Indian Hills*Arrowhead Addition; Ornamental Street
Light, south of 4900 Sunnyside Road.
W. 62ND STREET OILING FROM TRACY AVE. TO OLINGER ROAD petition was received
and ordered referred to Public Works Department for processing by motion of
Councilman Courtney, seconded by Councilman VanValkenburg and carried.
MALIBU HEIGHTS GRANTED FINAL APPROVAL. Mr. Hoisington presented Malibu Heights
for final approval, noting that all Developer's Agreements have been signed
And that Planning Commission has recommended approval. Nr. H0 sing on "note.
that nb .req�iastfor',R- .zt�nng;,ha ; been' made ,;for;:thats „p3at:�and'_t�iat the Minutes
of April 7, 1969, should be corrected to read as follows: Mr. Hoisington
presented Malibu Heights Addition for preliminary approval,,advising that
Planning Commission has recommended approval of this twelve lot plat which is
located south of Parkwood Knolls 15th Addition. In reply to a question re-
garding the possibility of rezoning, Mr. Hoisington advised that the property
is now zoned R -1 and that there has been no request for rezoning. He further
stated that if a rezoning is to take place, it would be accomplished after
a plat has been approved. It was also noted that the developer of Malibu
Heights is not Donald Berg. No further comments being heard, Councilman Van
Valkenburg offered the following resolution and moved its adoption:
RESOLUTION
BE IT RESOLVED "by the Village Council of the Village of Edina, Minnesota,
that that certain plat entitled "Malibu Heights Addition ", platted by Wallace
-B. Kenneth and Jean M. Kenneth, husband and wife,-and by Clifford R. Fraser
and Marlis J. Fraser, Husband and wife, and by Elmer Z. Seaberg, widower,
'and presented at the Meeting of the Village Council of June 17, 1969, be and
is hereby granted final approval.
Motion for adoption of the resolution was co ded by Councilman Johnson and
carried. ,
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ATTEST: . I'�r/i e-
Mayor
Village Clerk
INDIAN HILLS ARROWHEAD ADDITION FINAL PLAT CONTINUED. Upon being advised by
Mr. Hoisington that Indian Hills Arrowhead Addition is not ready for final plat
approval, Councilman Johnson's motion continuing the matter indefinitely was
seconded by Councilman Shaw and carried.
VALLEY ESTATES 1ST ADDITION GRANTED FINAL PLAT APPROVAL. Upon being advised
by Mr. Hoisington that Valley Estates 1st Addition Developer's Agreements
have been signed and that Planning Commission::has recommended approval,
Councilman Shaw offered the following resolution and moved its adoption after
being advised by Mr. Hoisington that the Edina School District has no objection
to this action:
RESOLUTION APPROVING FINAL PLAT OF
VALLEY ESTATES 19T ADDITION
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that
that certain plat entitled "Valley Estates 1st Addition ", platted by Leonard
W. Hanson.and Margaret I. Hanson, husband and wife, and by William D. Coffman
and Meredith R. .Coffman, husband and wife, and presented at the Regular Meeting
of the Village Council of June 16, 1969, be nd.is hereby approved.
Motion for adoption of the resolution wa seconded by Councilman Courtney and
on rollcall there were five ayes and nays, /and the resolu ion was adopted.
ATTEST: �'2!
Mayor
Village Clerk
4.
6/16/69
CREEK VIEW HEIGHTS FINAL PLAT APPROVAL CONTINUED. Mr. Hoisington presented
Creek View Heights for final plat approval, noting that this property is immedi-
ately north of Valley View Junior High School and is the land on which the
Edina School District is proposing to construct another school. Mr. Hyde said
that the developers still want the plat approved for private dwellings and that
it is his feeling that as a Village, we would have no legal reason for with-
holding plat approval. It was also pointed out that this is an R -1 development
and that schools are a permitted use. Councilman Shaw said that he had been
approached by a Citizen's Committee with regard to this plat and that he knows
the owners of the property; but that he had no particular interest in the matter
except that he was requested to get the two sides together and moved that the
plat be granted final approval. Councilman Johnson questioned whether or not
the Village had received a deed for Outlot B as agreed by developers. Attorney
Whitlock said that it is his understanding that developers would not give this
deed unless the Village signed a -qritten agreement not to require additional
dedication of land if and when other.outlots along Nine Mile Creek owned by them
are platted. A gentleman in the audience said that the developer would require
access to Outlot A across the creek but that he knew of no other stipulations.
As recommended by Mayor Bredesen, Councilman Shaw withdrew his original motion
and moved that the hearing be continued to July 7 so that the Village Attorney
and the attorney representing the developers would reach an understanding as to
dedication of land along Nine Mile Creek. Motion was seconded by Councilman John-
son and carried.
WILLIAM OLSEN ZONING REQUEST AND PLAT APPROVAL HEARING DATE SET. Mr. Hoisington
advised Council that Mr. William Olsen has requested zoning to permit three 26
story apartment buildings north of the Crosstown Highway, south of W. 62nd Street
and west of Tracy Avenue. Mr. Olsen's request is for R -5 zoning on approxi-
mately 14 acres and involves a preliminary plat. Planning:,.Commission has denied
this request and the owners have requested a public hearing for the zoning re-
quest. Mr. G1enn.Shaw, representing owners of the property, requested that hear-
ing be set for July 21, 1969, so that neighborhood meetings could be held and
plans for the buildings explained. Because Council is meeting at 4:00 o'clock
on the second meeting of each month during the summer, and because it is felt
that interested persons cannot easily attend meetings at that time, Councilman
Johnson's motion setting hearing date for July 7, 1969, was seconded by Council-
man VanValkenburg and carried.
REPLAT OF LOT 6, BLOCK 8, LA BUENA VISTA REPORT OF PLANNING COMMISSION ACCEPTED.
Mr. Hoisington advised Council that, pending denial by Planning Commission, devel-
opers of Replat of Lot 6, Block 8, LaBuena Vista had requested that a written
report be submitted by Planning Commiesi on to the Council. Councilman VanValken-
burg's motion accepting the report /H tfiec� anningl�ommission was seconded by
Councilman Courtney and carried.
PRELIMINARY PLAT HEARING DATES SET. As recommended by Mr. Hoisington, Councilman
Courtney's motion setting July 7, 1969, as hearing date for preliminary plat
approvals for McPherson Addition, Wal -Don Builders 2nd Addition, Blakewood Addi-
tion, Southdale R.L.S. and Schoening R.L.S. was seconded by Councilman Johnson
and carried. `
AUTOMOBILE PARKING DISTRICT AMENDMENT HEARING DATE SET for July 7, 1969, by motion
of Councilman Johnson, seconded by Councilman VanValkenburg and carried.
STREET IMPROVEMENT BA -124 ABANDONED. Mr. Hyde advised Council that because of
the effect the construction of Street Improvement BA -124 on one abutting property,
it is recommended that it be abandoned, as requested by the property owner.
Councilman Johnson's motion that Street Improvement BA -124 be abandoned was seconded
by Councilman VanValkenburg and carried. "
MUD LAKE PROPERTY ACQUISITIONS APPROVED. Mr. Hyde advised Council that a signed
option_had.been received.from Mr. Virgil Edwards for-sale of the following des-
cribed property at $24,100, the amount generally approved by Council along with
other Mud Lake properties and recommended that the Village enter into the option :,
That part of Tract B, Registered Land Survey No. 1126, Files of the '
Registrar of Titles, Hennepin Courity, Minnesota, lying Southerly and
Westerly of the following described line: Beginning at the most
Southerly corner of said Tract B;'thence Northwesterly at an angle
of 126 00', as turned'Northerly from the South line of said Tract
B, a distance of six hundred and sixty -five feet (665') to a point
of curve to the right with a radius of two hundred and ninety -five
feet (295') and a delta angle of 770 30'; thence Northwesterly and
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1351
Northerly along said curve a distance of three hundred ninety -nine
and three hundredths,feet (300.03') -to a point of reverse curve to
the left, said curve to the left having a radius of one hundred and
forty -five feet (145'); thence Northerly along said curve to the
left to the South line of County Road No. 158 (Vernon Avenue) and
there terminating.
Mr. Hyde also advised Council that a signed option had been received from Mr.
and Mrs. Dean Akins for sale of the following described property at $23,400,
the amount generally approved by Council along with other. Mud Lake properties,
and recommended that the Village enter into the option:
That part of the West half (W 1/2) of the Southeast Quarter (SE 1/4)
of Section 31, Township 117, Range 21, described as follows: Begin-
ning on the North line of the Southeast Quarter (SE 1/4) at a point
seven hundred sixty -six and five tenths feet (766.5')
East of the Northwest corner thereof; thence East to.a point two
hundred and nineteen and five- tenths feet'(219.5) West of the North-
east corner of the West half (W 1/2) of the Southeast Quarter.(SE 1/4)
of!said Section 31; thence Southerly, parallel with the East line
of said West half (W 1/2), nine hundred and ninety feet (990')
more or less, to the - .centerline of Nine Mile Creek; thence Southerly
and Easterly along said Creek to the centerline of County Road No.
158 (formerly known as U. S. Highway 169 and 212); thence Southwesterly
along said centerline to the intersection with the Southeasterly
extension of the Northeasterly line of Lot 1, Block 1, Gleason Third
Addition; thence Northerly along said Southeasterly extension and
Q the Northeasterly and Northerly lines of said Gleason Third Addition
to the Northwest corner of Outlot A, said Gleason Third'Addition;
thence Northerly to-the point of beginning. All according to the
respective plats and the United States Government Survey thereof,
Hennepin County, Minnesota.,
Councilman VanValkenburg's motion approving acquisition of the Virgil Edwards
and Dean Akins properties as recommended by Mr. Hyde was then seconded by
Councilman Johnson and carried.unanimously.by rollcall vote.
NATIONAL FOOD PROPERTY AC UISITION APPROVED. Councilman Johnson advised that
he had contacted National Food Store officials relative to the price of their
property needed by the Village for the 50th and France Business District improve-
ments, as he had offered to do at the meeting of June 2, 1969. He reported that
National Food Stores officials feel that there is no middle ground since pro-
posed assessments are so high for the improvements. Mr. Hoisington recalled
that:-the Village needs 6,600 square feet of National'Food Stores' property
and that National Food Stores are_in need of $2,500 square feet of property
owned by the Village and that National Food Stores are asking $3.00 per square
foot for the additional 4 -',000 square feet. Mayor Bredesen said that he does
not think that one property owner should have'to make a- contribution when none
is being made by other property owners.. Councilman Shaw's'motion approving
purchase of the land needed which is owned by National Food Stores for $3.00
per square foot was seconded by Councilman Courtney and carried.by unanimous
rollcall vote.
IRIZARRY PROPERTY CONDEMNATION AUTHORIZED IF OFFER REJECTED. Mr. Hoisington
advised Council that phe Irizarrys had refused the offer of $1.50 per square
foot authorized by Council:at_its meeting of June 2, 1969, for the Northeasterly
2,826 square feet of Lots 52 and 53, Auditors Subdivision 172. Following con-
siderable discussion, Councilman, Shaw's motion authorizing condemnation unless
the Village offer of $5,500 is accepted, was seconded by Councilman Courtney
and on rollcall there were five ayes and no nays and the motion was unanimously
carried.
THOMAS PROPERTY CONDEMNATION AUTHORIZED IF OFFER REJECTED. , Mr. Hoisington
advised that Mr. David Thomas appeared satisfied with the offer of $3.00 for the
$5,400 square feet of his land lying south of the center line of W. 51st Street
extended, but that his acceptance of this z:price appears to be dependent on
a pending rezoning of the property. In view of the fact that rezoning will *not
be immediately forthcoming,'he recommended condemnation of the property in the
event that the.$3.00 offer is rejected by Mr. Thomas. Councilman Shawls motion
authorizing condemnation of the Thomas property unless the offer of $3.00 per
square foot is accepted, was seconded by Councilman VanValkenburg and on roll-
' call there were five ayes and bo nays and the motion carried'unanimously.
HAUSCHILD PROPERTY CONDEMNATION AUTHORIZED IF OFFER REJECTED.. Mr. Hoisington
advised Council that the Hauschilds have made a counter offer which is sub -
stanially higher than the $3.00 authorized by the Council on June 2, 1969,
for their A,;1654 squarefeet of property located north of the center line of
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W. 51st extended. Councilman Shaw's motion that Mr. Hoisington again,contact
the Hauschilds with an offer of $3.00 per square foot and authorizing condemna-
tion if the offer is not accepted, was seconded by Councilman Johnson and
carried.
PURE OIL COMPANY PROPERTY ACQUIRED. Mr. Hoisington advised Council that Pure
0i1:-Company has-agreed to the sale of a small sliver of land on the Southwest
side of Lot 42, Auditors Subdivisioni172, to the Village for $3.00 per.square
foot as authorized at Council Meeting of June 2, 1969.
ADAMS PROPERTY ACQUISITION EXPECTED. Mr. Hoisington advised Council that he
expects that the Adams property located in the Northeast corner of Lot 1, Block
1, Stevens lst Addition will be sold to the Village at $3.00 per square foot,
as authorized by Council, within the next day or two. As recommended by Mr.
Hoisington, Councilman Courtney's motion authorizing condemnation of this 560
square foot tract of land if the $3.00 per square foot offer of the Village is
not accepted, was seconded by Councilman Shaw and carried.
BENTON AVENUE INTERCHANGE DISCUSSED. Mr. Hyde advised Council that he had
attended a meeting relative to the Benton Avenue -T.H. 100 interchange with offi-
cials,of the Minnesota Highway Department, Edina School District and the Metro-
politan Council at which the School District advised that, after considering
their bus problems, with the exception of the Southwest quadrant of the Village,
a simple overpass would be adequate, rather than the cloverleaf approved a
number of years ago. The State Highway Department feels that elimination of
this interchange would overload the interchange at 50th and T.H. 100. The Vil-
lage feels that an overpass at Benton Avenue would filter considerable traffic
into residential streets. Mr. Hyde advised that the meeting adjourned until
the State Highway Department had an opportunity to refine their data on the
amount of traffic which would be added to the 50th and T:H. -100 interchange.
Discussion ensued as to the right of the.Metropolitan Council to force revi-
sion of plans already approved and of its right to keep Edina residents from
using a.highway for which they have.to pay. _No action was taken:
WATER SYSTEM IMPROVEMENTS TO BE STUDIED. Mr. Hyde advised Council that an
immediate decision must be made whether to plan a 1,000,000 galloh2dlevated
tank in Creek Valley Park, with the construction of four additional wells be-
tween 1970 and 1978. Discussion as to type of water'tower and the possibility
of increasing water rates ensued. Councilman Shaw's motion authorizing the
CieekZVa3aey7Park as the site for a new water tower and authorizing the Village
Manager to study water rates and tie in water needs with a general bond study
was seconded by Councilman VanValkenburg and carried.
LIBRARY LEASE TO BE CONSIDERED at meeting of August 18, 1969, in order to determ-
ine whether to continue to rent the Library Building.to Hennepin County Library.
MUNICIPAL BOND SITUATION TO BE STUDIED. Mr. Hyde racommended. that a long look
be taken to see what is facing municipalities in view of the present bond situ-
ation.
COUNTY RADIO SYSTEM PARTICIPATION CONFIRMED. Mr. Hyde recommended participation
by the Village of the comprehensive police radio system for Hennepin County and
all of its component communities. He explained that the County had already made
the levy to purchase all of the mobile units'to be used by the participating
jurisdictions but that the City of Minneapolis was not being furnished any,
mobile units at this time. Mr. Hyde recalled that Council had previously urged
financing on a use basis but that�the County had decided against that method of
finance. Following some discussion, Councilman VanValkenburg's motion-approv-
ing participation in the County Police Radio System was seconded by Councilman
Shaw and carried.
P -BA -155 HEARING DATE SET. Mr. Dunn presented a Feasibility Report of numer-
ous public improvements proposed and recommended that hearing date be set for
Street - Improvement P -BA -155 for July 7, 1969, whereupon Councilman Shaw offered
the rollowing resolution and moved its adoption: ,
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
STREET IMPROVEMENT P -BA -155
1. The Village Engineer, having submitted to the Council a preliminary report
as to the feasibility of the proposed-street improvement described in the form
of Notice of Hearing set -forth below, and as to the estimated cost of such
improvement,.said. report is hereby approved and directed to be placed on file
in the office of the Village Clerk.
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2. This Council shall meet on Monday, July 7, 1969, at 7,:00 p:m. in the
Edina Village Hall, to consider'in public hearing the views of all persons
interested in said improvement.
3. The Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper
once a week for two successive weeks, the second of which publication is Lo-
be not less than three days from the date of said meeting, and to mail notice
to all affected properties in substantially the following form:
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
NOTICE,OF PUBLIC HEARING ON
PERMANENT STREET SURFACING
AND
CONCRETE CURB AND GUTTER
IMPROVEMENT NO. P -BA -155
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, July 7,
1969, at 7:00 p.m., to consider the following proposed improvement to be con-
structed under the authority granted by Minnesota Statutes, Chapter 429. The
approximate cost of said improvement is estimated by the Village as set forth
below:
ESTIMATED COST
CONSTRUCTION OF PERMANENT STREET SURFACING AND
CONCRETE CURB AND GUTTER IN THE FOLLOWING: -
West 63rd Street from Virginia Ave. to
Parnell Avenue 1 $5,154.63
The area proposed to be assessed for the cost of the proposed Permanent Street
Surfacing and -- Concrete Curb and Gutter includes Lot 5, Block 2, Normandale
Addition, Lots 1 and'14, Block 1, Replat of Block'9,,Normandale Addition.
Florence B.- .Hallberg
Village, Clerk
Motion for adoption of the resolution was a onded by Councilman Johnson and
on rollcall there were five ayes and n nays and the resolption was adopted.
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ATTEST: Mayor
Village Clerk
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BA -146 BIDS TO,BE TAKEN. Upon the recommendation of Mr. Dunn, Councilman
Johnson offered the following resolution authorizing advertising for bids for
Street Improvement BA -146 and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENT AND -
DIRECTING-ADVERTISEMENT FOR BIDS FOR BA -146
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA:
1. The plans and specifications for the proposed improvement set forth in the
following Advertisement for Bids form, heretofore prepared by the Village
Engineer and-no on file in the office of the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun,and Construction
Bulletin-the followi.ng,notice.fot bids for improvements:
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
IMPROVEMENT NO. BA -146
BIDS CLOSE JULY 18, 1969 .
SEALED,BIDS will be received and opened.in the Council Chambers in the Edina
Village Hall, 4801 W. 50th St., at 11 :00 a.m., Friday, July 18,. 1969, and the
Edina Village Council will meet at 4:00 p.m,., on Mbnday, July 21, 1969, to
consider said bids for the construction of Permanent Street Surfacing and
Concrete -Curb and Gutter. The - following are approximate quantities of major
items:
PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER'IMPROVEMENT NO. BA -146
12,600_ C/Y Common Excavation
4,800 .'Ton Class 4 Gravel
3,600 Tbn Class 5 Gravel
3,480 Ton Bituminous Material -(M.H.D. Spec. 2341)
5,400 L/F B6 -18 Curb and Gutter
-4,500 S/Y Sod
2,300 S/F Stone Retaining Walls
Work 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
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deposit of $25.00 (by check). Said deposit to be returned upon return of the
Plabg and §F6diTieAtlon9 with A bdhA ;fide bia. No bids will be considered
unless sealed and accompanied by cash deposit, bid bond or certified check pay-
able to bhe Village Clerk in the amount of at least ten (10) percent of amount
of base bid. The Council reserves the right-to reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
Florence B. Hallberg
Village Clerk
Motion for adoption of the resolution was sqzbn ed by Councilman Courtney and
on rollcall there were five ayes and no npfs and the resol on was adopted.
ATTEST: f Gf�Gt
Mayor
Village Clerk
ORDINANCE NO. 194 GRANTED FIRST READING AS REVISED. Mr. Hyde presented Ordi-
nance No. 194 as revised from the original First Reading held on May 19, 1969,
pointing -out a number of changes requested by the Police, Department, whereupon
Councilman Johnson offered Ordinance No. 194 for First Reading as revised as
follows: l
ORDINANCE NO. 194
AN ORDINANCE PROVIDING FOR THE IMPOUNDING OF UNOCCUPIED VEHICLES
FOUND TO BE IN VIOLATION OF THE TRAFFIC ORDINANCE (NO. 191A�,;
AUTHORIZING DESIGNATION OF .A POUNDKEEPER; AND
IMPOSING IMPOUNDING AND STORAGE CHARGES.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Unoccupied Vehicles May Be Impounded. Any unoccupied vehicle
whereever_ found violating the provisions of Ordinance No. 191A may be immedi-
ately_removed and impounded by any police officer in the manner hereinafter
provided, and shall only be surrendered to the duly identified owner thereof
upon the payment of the fees hereinafter provided.
Sec. 2. Pound, Towing and Storage Bids and Charges. The Village Manager or
his designate shall advertise for bids by persons, firms or corporations desir-
ing to act as pound keepers of vehicles impounded under the provisions of this
ordinance. Such pound keeper must be capable of storage of a minimum of 25
vehicles simultaneously in an area approved by the Village Manager or his
designate. Such pound keeper shall also bid for towing of vehicles impounded
under the provisions of this ordinance. The person, firm or corporation awarded
the bid for towing and impounding must have towing equipment capable of handling
all types of police emergencies which would result in the impounding and towing
of'vehicles under the provisions of this ordinance. Each bidder shall pro-
vide a schedule of charges for the towing, storage and impounding of vehicles
impounded under the provisions of this ordinance. A copy of this schedule
shall be on ex hibit in the Edina Police Department. The Village Manager
reserves the right to reject all bias.
Sec. 3. Charge When Owner Appears Before Towing. When a police officer has
tagged a vehicle to be impounded, and when the owner or operator thereof
appears before the tagged vehicle has been towed to the pound; the tow truck
operator shall release the said vehicle without the payment of any fee or towing
charge..
Sec. 4. Police Department to .Notify Owners. The Police Department will
endeavor to notify record ownefs of impounded vehicles not claimed within a
reasonable time of said impoundment by telephone or by letter upon receipt of
records of ownership from the Secretary, of State.
Sec. 5. Storage of Impounded Vehicles.' Any vehicle directed to be impounded
as herein provided, from the time it is -taken possession of by the pound keeper
and during the time it is impounded, and until the same is released to the
owner as herein provided, shall be considered to be in the custody of the law,
and no work shall be done thereon by the pound keeper, nor shyxll he permit
anyone to do any work thereon except the impounding and storage thereof by
his employee or his agent, until such car has been released to the owner as
herein provided. All such cars when released shall be released to the owner
without further charge than the impounding and storage fees herein provided.
The pound keeper during the time the vehicle is impounded shall not permit the
owner or any other person to take or remove from the vehicle any part of parts,
or change'or repair any part or parts. All vehicles which have been involved
in criminal proceedings, and which are designated by the Police Department as
being held for that reason, shall be held and stored in inside garages or on
Village- approved parking lots.
Sec. 6. Release'Form. Upon return of the vehicle the pound keeper shall
release the same by a release in writing which shall state the date of such
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release together with the charges enumerated thereon and the purpose for which
such charges were made_. Such release shall be made in one original and three
copies. all of which shall be signed by the pound keeper and the person to whom
such release is made. The pound keeper shall retain the original of such
release and shall deliver one copy thereof to the owner of the vehicle and two
copies to the Police Department: Of such two copies the Police Department
shall deliver one to the Village Clerk.
Sec. 7. Damaged Vehicles. The pound keeper shall not solicit, directly or
indirectly, the impounding or towing of cars under this ordinance. If any un-
occupied vehicle is found upon the streets of the Village in such a damanged
condition as a result of accident or disrepair that it cannot be driven, and
is so located as to constitute an obstruction of the'street, the same may be
ordered impounded by the police officer; provided., that if the owner or
operator thereof has requested,.or,does request, that such vehicle be towed
to his own or to any garage other than the pound keeper's neither the pound
keeper nor the police officer, nor anyone else, shall order such vehicle to
be impounded in any public pound unless.the police officer considers possession,
of such car is necessary in the prosecution of any person for violation of law.
Sec.. 8. Sale of Vehicle Where Owner Cannot Be Identified. If any such vehicle
is found or recovered under circumstances which do not give the Police Depart-'
ment or the pound keeper knowledge or means of inquiry as to the true owner
thereof,'the Police Department shall immediately.report such facts in writing
to the Village Clerk and the Village Attorney, and if they, are of the opinion
that the value of such vehicle justifies the-giving of the notice of sale of
such vehicle as unclaimed property under Ordinance No. 18 of the Village, they
shall give such notice and sell such vehicle as unclaimed personal property
under said ordinance; accounting for and depositing the proceeds of sale
with the Village Treasurer as therein provided..
Sec. 9. Report of Police Officer. Traffic tags shall be used by police
officers when directing the towing and impounding of a vehicle. Such tag
shall be in the form prescribed by the Chief'of Police and shall contain such
information as may be deemed necessary, `including the make and license number
of the vehicle so tagged, the date and.time of offense and the offense charged,
and any further information which the Chief of�Police shall deem necessary
and advisable. It shall not be necessary,for the police officer to await the
arrival of a tow truck, and when said vehicle is towed and impounded by-the-
pound keeper, it shall be the duty of the pound keeper to prepare a written
report of the description of the vehicle with-any inventory of any personal
properties visible therein at the time of the arrival of the vehicle at such
pound. The description and inventory must include the make�and license number
of the motor vehicle and the time of arrival at the pound, together with a
statement of the condition of the vehicle with regard to damaged parts and
such other information as may be necessary to adequately describe the vehicle
and property.
Sec. 10. Liability and'Property Damage Insurance. The pound keeper must
carry liability, property.damage and fire insurance in a good reilable insur-
ance company licensed to do business in the State of Minnesota, which shall
contain coverage in an amount of not less than $100,000 to any one person and
not less than $300,000 total in any one accident, and not less than $50,000
fire and property coverage; and shall furnish and file with the Village Clerk a
certificate of such insurance by the insurer, which shall contain a clause
providing for a 10 -day notice to the Village before cancellation. If bond
or policy of insurance is cancelled, the pound keeper, before date of cancel-
lation shall furnish and file ,a similar new certificate. Failure to comply
with the provisions hereof shall automatically cancel the contract as of the
date of the cessation of such liability, property and fire insurance coverage.
Sec. 11. Ordinance to be Included in Bid. This ordinance shall be and con-
stitute part of any bid approved by the Village Manager or his deputy and of
any contract entered into by the Village with any pound keeper, as fully and
to the same effect as,if set forth at length in said bid or contract and if
any part or portion of any such contract entered into shall be inconsistent
with the terms of this ordinance, the provisions hereof shall.,-in all respects
prevail.
Sec. 12. Tow Sheets and Receipts. The pound keeper operating under the terms
of this ordinance pursuant, to a contract with the Village shall at all times
make and keep a "tow sheet" on.all tows, which shall.show the time and date of
towing and impounding and make, license number, and general condition of the
vehicle impounded. All tow sheets shall be consecutively numbered, the original
and one copy of same to be delivered to the Police Department which will, ill.
turn, deliver the copy thereof to the Village Clerk. The pound keeper, upon
releasing any vehicle impounded under the terms of this ordinance, shall give
to the owner or'his agent a receipt.for any moneys paid by such owner or his
agent or the pound keeper at the time of the release.
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ORNAMENTAL STREET LIGHTING DIPROVEMENT NO. L -6 BIDS TO BE TAKEN. Upon the
recommendation of Mr. Dunn that bids be taken for.Ornamental.Street Lighting,
Improvement No. 1,6, Councilman VanValkenburg offered the following resolution
and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENT
AND DIRECTING'ADVERTISEMENT'FOR BIDS FOR
ORNAMENTAL MERCURY VAPOR LUMINAIRES IMPROVEMENT L -6
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA,' MINNESOTA:
1. The plans and specifications for the.proposed improvementsset forth in the
following Advertisement for Bids form, heretofore prepared by the Village Engi-
neer and now on file in the office of the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Sun and Construction
Bulletin the following notice forbids for improvements:
(Official Publication)
VILLAGE OF EDINA
HENNEPIN.COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
STREET LIGHTING STANDARDS
WITH ORNAMENTAL.MERCURY VAPOR LUMINAIRES
IMPROVEMENT NO. L -6 .
BIDS CLOSE JULY 18, 1969
SEALED BIDS will be received and opened in the Council Chambers in the Edina
Village Hall, 4801 W. 50th St., at 11 :00 a.m., Friday, July 18, 1969, and the
Edina Village Council will meet at 4:00 p.m., Monday, July 21, 1969, to consider
said bids for the furnishing and installation of thirty0two (32) single lighting
units and three (3) twin lighting units with davit type standards and ornamental
mercury vapor luminaires.
Work 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 (by check). Saiddeposit to be returned upon return of the plans and
specifications with a bona fide bid. No bids will be considered unless sealed
and accompanied by cash deposit, bid bond or certified check payable to the Vil-
lage.:Clerk in the amount of at least ten (10) percent of amount of base bid.
The Council reserves the right to reject any.or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
Motion for adoption of.the resolution wa s
rollcall there were five ayes and no nay
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ATTEST:
Village Clerk
Florence;B. Hallberg
V' llage .Clerk
secon y'Councilman Shaw and on
and he resolution w adopted.
e
Mayor
FIREMEN'S RELIEF ASSOCIATION SPECIAL LAW APPROVED. Being advised that legisla-
tion had been passed by the Minnesota State Legislature allowing payment by
the Edina Fire Department Relief Association of maximum pensions of $180 per
month, rather than the present statutory maximum of $120 per month and other
higher benefifs approved by Council on January 6, 1969, Councilman Johnson
.offered the following.resolution and moved its adoption:
A RESOLUTION APPROVING LAWS 1969, CHAPTER 644
A SPECIAL LAW APPLYING TO THE VILLAGE
BE IT RESOLVED by the Village Council.-of the Village of Edina that Lai-is 1969,
Chapter 644, relating to Firemen's Relief is hereby approved, and the Village
Clerk is hereby authorized and directed to file with the Secretary of State a
certificate stating the essential facts necessary to the valid approval'of said
law by the Village, including a copy o1 this resolution.
Motion for adoption of the resolution was second 'Councilman VanValkenburg
and on rollcall there were five ayes•and no nay m�an the resoluti was.adopted.
ATTEST:
Mayor
Village Clerk
HENNEPIN COUNTY PROJECTS APPROVED. Mr. Dunn presented Hennepin County Projects
which are spot safety improvements for County Roads and.which require notpartici-
pation on the'part of the Village. ' Project 6902 covers ramp revisions at Valley
View Road and the Crosstown-Highway, Project 6903'is for'ramp revisions at Xerxes
Avenue and the Crosstown Highway and Project 6915 is for chanel-i.zation at France
Avenue at the Crosstown Highway. Councilman VanValkenburg thereupon offered the
following resolution and moved its adoption:
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RESOLUTION
WHEREAS, plans for Hennepin County Project No. 6902, 6903 and 6915 showing
proposed alignment, profiles, grades, and corss- sections, together with speci-
fications and special provisions for the improvement of County State Aid
Highways Nos. 62, 53 and 17 within the limits of the Village as County Aid
Projects have been prepared and presented to the Village:
NOW, THEREFORE, IT IS RESOLVED: That said plans, specifications and special
provisions be in all things approved.
Motion for adoption of the resolution was onded by Councilman Johnson and
on rollcall there were five ayes and no ay and the reso ution was adopted.
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ATTEST:
Mayor
Village Clerk
OLSON PROPERTY CONDEMNATION APPROVED. Mr. Thomas Erickson recommended that
condemnation be approved for the Olson property west of Tracy Avenue and north
of the Crosstown Highway in the Mud Lake area in order to avoid delay in the
event that requested zoning is denied. Councilman Johnson's motion authoriz-
ing condemnation if it should'be necessary was seconded by Councilman Shaw'and
carried.
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MR. KENNETH ESSE, newly appointed Village Sanitarian, was introduced to Council
by Mr. Hyde.
THOMAS LOUKS, summer intern from Mankato State College,who is working in the
Planning Department,-aas introduced to Council by Mr. Hyde.
CLAIMS PAID. Motion of Councilman Johnson.was seconded by Councilman Courtney
and carried for payment of the following claims: General Fund; $28,341.19;
Construction Fund, $229,554.57; Park, Park Construction, Swimming Pool,
Golf Course and Arena, $19,254.90; Water Fund; $6,892.31; Liquor Fund,
$130,465.25; Sewer Rental Fund, $765.34; Improvement Fund, $3,729.30; Poor
Fund, $577.73; Total, $419,580.59.
No further business appearing, Councilman Johnson's motion fqr adjournment was
seconded by Councilman Courtney and carried. Adjournment at 5:50:
Village Clerk
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