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HomeMy WebLinkAbout19700202_regular20 MINUTES OF THE REGULARMEETING OF THE MONDAY, FEBRUARY 2, 1970 EDINA VILTAGE COUNCIL.WLD AT VILLAGE HALL ON Nembers answering rollcall were Councilmen Courtney, Johnson, Shaw and VanValken- burg who served as Nayor Pro Tem in the absence of Mayor Bredesen. MINUTES of January 19, 1970, were approved as corrected by motion of Councilman Courtney, seconded by Councilman Shaw and carried. Councilman Courtney's.cor- rection was that his term of office on the Human Rights Commission was for one, rather than three years. STREET IMPROVEMENT C-M2 CONTINUED TO MARCH 2, 1970. As recommended by Mr. Dunn, Councilman Johnson's motion was seconded by Councilman Shaw and carried continu- ing public hearing for C-102 (14. 76th Street, between France Avenue and Xerxes Avenue) until March 2, 1970, ORDINANCE NO. 261-200 GRAIiTED SECOND READING: PUBLICATION TO BE WITHHELD. Mr. Hoisington presented Ordinance No. 261-200 for Second Reading, noting that this rezoning of property South of TJ. 62nd Street, West of Countryside Park, North of the Crosstown Highway was requested by Mr. FJilliam Olsen. Board of Appeals had met and approved the necessary variances, subject to the pro vision' that all provisions of the agreement signed'by the Olsens and the Village be met and that deed restrictions be in the hands of Village officials. John K. Yarger inquired if the variances are in accord with the agreement and was assured by CounEilman VanValkenburg that they are exactly the same. Attorney Erickson suggested that publication of the ordinance could be withheld until the agreement is consummated and that a time limit could be established at a later date of it should be necessary. nance No. 261-200 for Second Reading and moved its adoption, stipulating that publication be withheld until deed restrictions are recorded and until all condi- tzons of the agreement are met to the satisfaction of the Village Attorney: ORDINANCE NO. 261-200 AN ORDINANCE AMkNDING TI-@ ZONING ORDINANCE OF-THE VILLAGE OF EDINA BY ESTABLISHING He advised that the Mr. Village Councilman Shaw then offered Ordi- ADDITIONAL PLANNED RESIDENTIA~ DISTRICT THE VILLAGE COUNCIL OF THE VIUE OF EDINA, NINNESOTA, ORDAINS: . Section 1. Paragraph 4, Boundaries of -Planned Residential District of Section 5 (Planned Residential District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by. adding the following subparagraph: Planned Residential District: "(a) North of the Crosstown Highway No. 62 and South and Southeasterly of the following described line: feet (33') Southerly of and parallel to the North line of Sec. 5, Twp. 116, R. 21, said point being perpendicular to the North line of said Section 5 at a point fifteen hundred eighty-seven and seventy-eight hundredths feet Westerly of the Northeast corner of the NW 1/4 of said Section 5; thence Southwesterly along a curve to the left, using the line thirty-three feet (33') South of and parallel to the North line of Section 5 from the North 1/16th corner of the NW 1/4 of said Section 5 as a back tangent and said curve having a central angle of 73°04'241t and a radius of two hundred feet (200') a distance of two hundred fifty-five and seven hundredths feet (255.07'); thence Southwesterly tangent to the last described curve a distance of twenty-eight feet (28'); thence Southwesterly along a curve to the right, said curve having a central angle of 45'15' and a radius of five hundred thirty-nine and eighty-six hundredths feet (539.86') a distance of four hundred twenty-six gnd thirty-six hundredths feet (426.36'); thence Southwesterly tangent to Ehe last described curve a distance of four hundred six feet (406'); thence Vesterly along a curve to the right, said curve havkng a radius of two hundred fifty-four and eighty-one hundredths feet (254.81') to the Vest line of said Government Section 2. This Ordinance shall be in full force and ef€ect immediately All. of that part of Government Lot 1, Sec. 5, Twp, 116, R.' 21 lying Comencing at 2 point on a line thirty-three Lot 1 and there terminating." - after its passage and publication according to law. Zotion for adoption of the ordinance was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the ordinance was adopted. Councilman Courtney noted-that he still feels that there are too many buildings proposed for the amount of land, but since he believes that town-houses are right in this area and since nothing can vote in favor of the ordinance. ATTEST : 2/2/70 $1 I ORDINANCE NO. 261-198 GRANTED SECOND READING; PUBLICATION TO BE WITHHELD. Mr. Hoksington presented.0rdinance No. 261-198 for Second Reading, .recalling that Mr. L. G. Cherne has requested rezoning of the E st side of County Road 18 from R-1 Resrdential District to 8lanned In8UStriaf District. In reply to-a question of Councilman Johnson, Mr. Hoisington said that Planning Commission had recommended approval of the zoning provided that grading plans be submitted to to the Nine Mile Creek Watershed Distr&ct Board of Managers or their consultants for approval. submitted. Stipulating that publication of the ordinance be withheld until grading plans are approved, Councilman Johnson offered Ordinance No. 261-198 for Second Reading and moved its adoption as follows: ORDINANCE NO. 261-198 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 10 (Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of Edina, as amended, is hereby further amended by adding after sub- paragraph (ff) of said paragraph- 2, the following subparagraph: ro erty alon i He added that-these plans had not been Planned Industrial District: ''(gg) Nine Mile Creek: of the NW 1/4 Sec. 31, Twp. 117, R. 21, said point being 1547.51 feet south from the NN corner of said Section; thence east to a point on the east line of the SW 1/4 of the NW 1/4 a distance of 1531.46 feet south from the north line of said section; thence south 299.51 feet; thence west to a point on the-west line thereof a distance of 299.51 feet south from point of beginning;'thence north to point of beginning except road. Together with the following: Commencing on the west line of the SW 1/4 of the NW 1/4 of Sec. 31, Twp. 117, R. 21 at a point a distance of 1847.02 feet south from the N? corner of said Section; thence east to a point.on the east line of the SW 1/4 of the NW 1/4 a distance of 1830.97 feet south from the north line of said Section 31; thence south 159.87 feet; thence west to a point on the west line thereof a distance of 159.87 feet south of beginning; thence north to point of beginning, except road." That portion of-the following described property lying west of Commencing at a point on the west line of the S'w 1/4 Section 2. This Ordinance shall be in full force and effect immediately after its passage and publication *according to law. Motion for adoption was seconded by Councilman Sh were four ayes and no nays and the ordf ATTEST: ORDINANCE NO. 261-199 GRANTED SECOND READING; PUBLICATION TO BE WITHHELD. Mr. Hoisington presented Ordinance No. 261-199 for Becond,Reading, recalling that Mr. R. E. Kremer had requested Planned Industrial District zoning for property located North of Fabri-Tek, East a€ County Road 18, West of Nine Mile Creek and South of the Cherne property. As with the Cherne property (Ordinance No. 261-198) Planning Commission had recommended approval of the zoning, provided grading plans be submitted to the Nine Mile Creek Watershed District Board of Managers or their consultants for approval. 261-199 for Second Reading with the stipulation that publication of the ordinance be withheld until plans had been approved as recommended by the Plan- ning Commission, and moved its adoption as follows: These plans not having been submitted, Councilman Johnson'offered Vrdinancg number : 1. ORDINANCE NO. 261-199 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 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 (gg) of said paragraph 2 , the following subparagraph: Planned Industrial District: "(hh) That portion lying west of Nine.Mile Creek of that part of the SW 1/4 of Nw 1/*4 of Sec. 31, Twp-, 117, R. 21, Hennepin County, Minne- sota, lying South of a line drawn between a point on the West line of said ST? 1/4 of NW 1/4 2006.89 feet South from the NW corner of the NGI 1/4 of said Sec. 31 and a point on the East line of said SW 1/4 of "N 1/4 1990.84 feet South from the NE corner of Nw 1/4 of NFJ 1/4 of said Sec. 31, subject to easement for road over the West 33 feet thereof ." 2/2/70 + Section 2. This Ordinance shall be in full force and effect immediately after its passage and publication according to law. Motion for adoption of the ordinance was rollcall there were four ayes - and no nays ATTEST: I3W.A NURSERY PROPERTY ZONING CONTINUED TO FEBRUARY 16, 1970. Notice were presented by Clerk, approved as to form and ordered placed on file. Upon being advised by Nr. Hoisington that the Hallas had requested that the hearing be continued, Councilman Courtney's motion continuing the hearing to February 16, 1970, was seconded by Councilman Shaw and carried. Affidavits of ORDINANCE NO, 261-Lg6 GRANTED FIRST READING. nance No, 261-196 for First Reading, noting that this ordinance is being con- Mr, Hoisington presented Ordi- sidered because of a request to divide a double bungalow down the middle so that owners of each side could homestead their property, question from Mr. John Yarger, Mr. Hyde explained that this would be the same concept as cooperatively owned apartments and condominiums. discussion, Councilman Courtney offered Ordinance No. 261-198 for First Read- ing as drafted by the Village Attorney and moved its adoption as follows: In reply to a Following some ORDINANCE NO. 261-196 AN ORDINANCE RELATING TO SUBDIVIDED PROPERTIES IN THE R-2 'EIL~I;TIE?I&:REsIDENcE DIST~ICT, &ENDING ORDINANCE NO. 261 THE VILJAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. 261, as amended, is hereby further amended by adding thereto a paragraph reading as follows: Multiple Residence District has been subdivided, as provided in paragraph (c) of Section 3 of Ordinance No. 263A of the Village, as amended, but re- mains in such District, the rules and regulations applicable in the District shall be applied as if the subdivision had not been made." ately upon its passage and publication. ORDINANCE NO. 263A-3 GRANTED FIRST READING. Mr. Hoi+tngton presented Ordi- nance No. 2638-3, noting that this ordinance WOUld amend the Subdivision Ordinance to comply with the Zoning Ordinance No. 261-196, so that a double bungalow could be divided so that owners of-each side could home- stead their property. gested that the Village Attorney redraft the ordinance to define "double bungalow" and to state that each side should be separately owned. He then offered the following ordinance for First Reading as redrafted by the Vil- lage Attorney: Section 4 (Multiple Residence District) of Ordinance No. * "8. Subdivided Lots in R-2 District. Whenever a lot in the R-2 Sec, 2. This ordinance shall be in full force and effect immedi- Following some discussion, Councilman Johnson sug- * ORDINANCE NO. 26319-3 AN ORDINANCE AMENDING THE SUBDIVISION ORDINANCE (NO. 263A), PERKCTTING VARIANCE FOR SUBDIVISION OF-R-2 DISTRICT MTS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: . Section 1. "(c) Any lot zoned as R-2 Multiple Residence District under said Zoning Ordinance may be subdivided into two lots, notwithstanding the regulations stated in said ordinance which apply to Single Family Dwelling Districts," Sec. 2. upon its passage and publication. TRUCK BIDS APPROVED, w5re taken with the County. showed Freeway Ford 1017 bidder at $1,999.68, Market Ford, $2,016.68, Down- town Chevrolet, $2,044.50,Iten Chevrolet, $2,0?2.08, McGee Trucks, Inc., $2,065.46 and Bill Boyer Ford at $2,081:42. Van was $feeSiy2Bord at $2,456.28, with Bill Boyer Ford bidding $2,463.00, McGee Trucks, Inc., $2,495.30 and Market Ford $2,631.25. Low bidder for 3/4 ton Four-Vheel Drive-Pickup truck for the Park Department was Iten Chevrolet at $3,492.50, with Freeway Ford bidding $3,513.25, Downtown Chev- rolet, $3,525.12, McGee Trucks, Inc., $3,586.59 and Market Ford, $3,602.00. Councilman Shawls motion awarding bid to recommended low bidder in all cases was then seconded by Councilman Courtney and carried. Section 3 of Ordinance No. 2638 of the Village, as amended, is hereby amended by the addition of the following paragraph: This ordinance shall be in full force and effect immediately s Mr. Hyde presented tabulation of truck bids which Tabulation for five 1/2 ton pickup trucks Low bidder for one Econoline 2/2/70 CALVIN CHRISTIAN SCHOOL ASSESSMENT FOR STORM SEWER NO. 111 DISCUSSED. Mr. Hyde advised Council that Calvin Christian School had requested a meeting with Vil- lage officials in order that some sort of relief could be given their assess- ment for Storm Sewer 111. assessment had lapsed, entatives of the school and that there had been a lack of communication in the school organization at the time of the assessment hearing and that when they found how high the assessment was, they decided to see if some relief would be possible. Mr. Dalen suggested the possibility of spreading the assessment over a period of twenty years racher than the ten years as originally assessed. Councilman Courtney's motion that the Village Manager discuss the possibility of extending the assessment with school officials was then seconded by Council- man Shaw and carried. W. 54TH STREET OILING PETITION RECEIVED. Mr, Hyde presented the petition for oiling of Id. 54th Street between Xerxes Ave. S. and Zenith Avenue South, which petition was referred to the Department of Public Vorks by motion of Council- man Courtney, seconded by Councilman Shaw and carried. Mr. Hyde noted that the legal time for appeal of the Councilman -Courtney said that he had talked with repres- HUMAN RIGHTS COMMISSION REQUEST FOR REPEAL OF INTERNAL SECURITY ACT OF 1950 DISCUSSED; REFERRED BACK TO HUMAN RIGHTS COMMISSION. ENFXENCY DETENTION ACT OF THE Doundikuan Jphnson8presented a resolution adopted by the Human Rights Commission requesting the Council to apphorCze the Commission to submit a resolution to the United States Congress ueging the repeal of Subtitle I1 (Emergency Detention Act) of the Internal Security Act of 1950. the Japanese-American Citizens Le-ague had requested that the Urban Coalition adopt a resolution urging ~epeal-pf'Subtit~~-II, and the Urban Coalition had passed the resolution on to Human Rights Commission,. Mr. Yarger asked why Council should become involved in national questions such as this. Councilman Johnson explained that the Human Rights Commission cannot make any policy pronouncements without-approval by the Village Council. Considerable discussion ensued. Council- man Johnson then moved that the resolution be referred back to the Human Rights Commission for the following reasons : the Human Rights Commission to see if this is in the spirit and scope Commission, and 2) So that the Commission could look at the act itself since members had not read the act when the resolution was adopted. seconded by Councilman Courtney and carried.. GRANT NORTH APPOINTED TO HUMAN RIGHTS COMMISSION AS SCHOOL BOARD REPRESENTATIVE by motion of Councilman Courtney, seconded by Councilman Johnson and carried. * PIANNING COIDlISSION'&POINTMENT'UONTINUED. Mayor Pro Tem VanValkenburg presented the name of Nr. David Sherman for confirmation of the Mayor's appointment. man Johnson said that it would be helpful if a biographical sketch were available. for reviewal. of Ccuncil before appointments are confirmed. In reply to a question of Mr. John Yarger, Mr. Sherman's letter iiidicating his interest in serving the Village was read. withdrew his motion approving the appointment of Mr. Sherman to the Planning Com- e XI c a2 b3 s Councilman Johnson pointed out that 2 1) Reevaluation of the jurisdiction of of the.- The motion was Council- Some discussion was held, following which Councilman Courtney mission and moved that the appointment information could be reviewed. Motion carried. - HAM RADIO TOWER DECISION CONTINUED. Wind had submitted a list of forty-one are over 50 feet in height. Following motion continuing the matter until the the Radio Relay League was seconded by be withheld until additional biographical was seconded by Councilman Johnson and Mr. Hyde advised Council that Mr. Jerome antennas in the Village, three of which some discussion, Councilman Courtney's Village Attorney receives a reply from Councilman Johnson and carried. P.E.R.A. ANNUAL REPORT as of June 30, 1969, was presented by Mr. Hyde, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. 50TH STREET LIQUOR STORE PLAN STUDY AUTHORIZED. Report as of December 31, 1969, as submitted by Mr. Dalen, noting the increase En net: psodit. chased the property on which the Edina Cafeteria and Edina Camera Center are located and that Twin City Federal proposes to put up a new building on the pro- perty. Hyde recommended that the Village work jointly with Twin City Federal on concep- tual. plans to upgrade the two pieces of land as a unit, the total cost not to exceed $1,250 each. In reply to a question of 14r. John Yarger, Mr. Hyde advised that the Village has had long range plans for conceptual overall studies for the 50th and France business area and that this will be the opening wedge on the North side of 50th Street. Vi la e motion authorizing)ex@en'diture not to exceed $1,250 for' corlcepcud plans.' wiCh Twin City Federal Savings and Loan Assn. was seconded by Councilman Courtney Mr. Hyde reviewed the Liquor He-notXI,thdk-Twin Cicy Federal Savings and Loan Assn. has pur- In view of the outmoded facilities of the 50th Street Liquor Store, Mr. Following some discussion, Councilman Johnson's and carried. LIBRARY SALE TO COUNTY DISCUSSED; FRIENDS OF THE LIBRARY OFFICERS. County has proposed to purchase the new Edina Library building from the Village at a cost of $417,000 with a 99-year lease on the site. Following considerable discussion-, Councilman Johnson's motion that the question be referred to the- old Library Committee and to officers of Friends of the Library for their. opinions, as recommended by Mr. Hyde, was seconded by Councilman Courtney and carried. REFERRED TO OLD LIBRARY CONHITTEE AND TO Mr. Hyde advised Council that Hennepin ORDINANCE NO. 51B-9 GRANTED SECOND READING. Councilman VanValkenburg advised that he had gone over Ordinance No. 511s-9 with the Building Inspector and that he would recommend its passage. nance No. 51B-9 and moved its adoption' as follows: ,Councilman Johnson then offered Ordi- ORDINANCE NO. 51B-9 AN ORDINANCE AMENDING ORDINANCE NO. 51B (BUILDING CODE) AS TO UNSAFE BUILDINGS . AND AS TO SMOKE AND HEAT VENTING Section,l. Section 1 of Ordinance No. 51B (Building Ordinance) of the "Section 1. Uniform Building Code and NFPA Guide No. 204 (Smoke and There are hereby adopted and incorporated herein by THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Village, as amended, is hereby further amended to read as follows: Heat Venting Adopted. reference, as an ordinance of the Village of Edina, the following documents: Building Cdde (Standards), 1964 Edition, Volume 111,' both published by the International Conference of Building Officials, including the Appendix but excluding Section 204 of the main body of the Code; however, Section.203 of the Code shall be deemed not to'.be appldcable in any case when Ordinance No. 148A Would apply, and (b) 'Guide for Smoke and Heat Venting, NFPA No. 204 - May, 1961,' contained in 'National Fire Codes, Volume 4, 1967-68,' published by National Fire Protection Association; however, said guide shall apply only to Group A through H Occupancies as defined in said Uniform Building Code." 1, marked 'Official Copy'. shall be on file in the office of the Clerk prior to publication. of this ordinance and shall remain on file for use and examina- tion by the public. The Clerk shall furnish copies of said documents at cost to any person upon request." renumbered- as Sections 8, 9 and 10, and a new Section 7 is hereby added to. the ordinance reading as follows : "Sec. 7. In addition to the require- ments of Section 5103 of the Uniform Building Code, all buildings having any heating,. air conditioning, ref rigeration or other mechanical equipment located on the roof shall be requhed to have a stair leading to a scuttle or bulk- head in safd roof to make such equipment easily accessible to maintenance and inspection personnel. The stair leading to the scuttle or bulkhead shall be placed at kn angle of not more than 60 degrees to the horizontal, with flat steps not less than six inches in width and a minimum length of 24 inches at the tread. No riser shall be more than nine inches, and handrails shall be provided on both sides of the access.stairs, scuttle or bulkhead shall be not less than s-ix square feet in area with the minimum dimension being not less than two feet. access stairs be located in or pass through the elevator shaft or elevator machine room. "A suitable platform or walkway shall be provided if water stands at the location of the mechanical equipment or in the passage leading thereto. . Proper permanent lighting shall be provided to light the access route and the equipment. The switch for such lighting shall be located inside the building near the required access. the edge of the roof or similar hazards wherever possible. is less than six feet, a suitable rail or guard not less than forty-two inches in height shall be provided. from view. 120 volt A.C. grounding type convenience outlet on the roof near the appliance. Said convenience outlet shall be on the supply side of the disconnect switch. and for all air conditioning equipment that is used through the winter season either by the design of the appliance itself or by an enclosure around the service %rea of the appliance only. (a) 'Uniform Building Code, 1964 Edition, Volume I,' and 'Uniform Sec. 2.. Codes on File. Three copies -of the codes described in Section Sec. 3. Sections 7, 8 and 9 of said ordinance, as amended, are hereby Roof Access and Roof Appliances. The minimum opening of the In no,case shall this required "Appliances shall be located with at least: six feet of clearance,from If the clearance All roof-top equipment shall be properly screened "Each appliance shall have an accessible disconnect switch and a 110 - "Protection from the westher shall be provided for all heating equipment This enclosure shall permit easy entry . 2/2/70 , and movement, shall be of reasonable height, and shall have at least two feet of clearance to either side of the service access panel of the appliance.? Sec. 4. age and publication. call there were four ayes and no nays This ordinance shall be in full force and effect upon its pass- I ORDINANCE NO. 195 ADOPTED AT SECOND READING. Mr. Hyde presented Ordinance No. Councilman Shaw questioned the possible prohibition of snowmobiles on lakes, . 195 , regulating operation of snowmobiles within the Village, for Second ,Re,ading. ponds'and streams. with the 'State Department of Conservation to see that the ordinance is not: in conflict with State law. nance and moved its adoption: Mr. Eyde said that he would have the Park Department check Councilman Courtney then offered the following ordi- ORDINAICE NO. 195 AN ORDINANCE REGULATING OPERATION OF SNOWMOBILES AND REQUIRING EQUIPMENT THEREOF; ERESCRIBING A PENALTY. . THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Interpretation. The provisions of this ordinance are supple- ' mentary to those In Chapter 84, Minnesota Statutes.which relate to snowmobiles. This ordinance is not be hterpreted as nllowing what state law prohibits or as prohibiting what state law expressly allows. Sec. 2. Definitions. "Snowmobile" means a self-Oropelled vehicle designed for travel on snow or ice or a natural terraine steered by wheels, skis or runners. "Commissioner" means the Commissioner of Conservation oftthe' State of Minnesota. snowmobile in the following places: lawful occupant .*. recreation areas , golf courses, lakes , -ponds' and streams, except as hereinafter expressly provided to tlie contrary-. state law. rink or sliding area. Sec. 3. Places where Operation Prohibited. No person may operate a (a) (b) On private property.except with the permission of the owner or On public property, including school sites, parks, playgrounds, (c) (d) Public streets and highways, except to the extent permitted- by Within 100 feet of any person while fishirlg, pedestrian, skating ' '$3 Sec. 4. Operation Permitted in Parks, etc. Operation of snowmobiles may occur in Village parks,, playgrounds, recreation areas, and golf courses, and on lakes, ponds and streams, but onlyn in those,portions thereof which the Director of Parks and Recreation has designated for snowmobile use and only between the hours of 8:OO a.m. and 10:OO:p.m: Recreation may provide trails for 'snowmobile use and mark them with appro- priate signs in accordance with rules and regulations of the Commissioner. Director may conduct, supervise and regulate events or programs in which snow- mobiles are used. Sec. 5. Miscellaneous Restrictions and Prohibitions. No person may operate a snowmobile (a) in a manner so as to create unnecessarily loud or unusual noise which disturbs, annoys or interferes with the peace and quiet of other persons; or (b) others, or in a manner so as to endanger or be likely to endanger any person or property; or (c) Sec. 6. Leaving Snov~mobile Unattended. No person shall leave or allow Sec. 7. Driving Rules Applicable. The provisions of Chapter 169 (Fligh- Said Director of Parks and Said carelessly or heedlessly in disregard of the rights or safety of on public property in excess of 25 miles per hour. a snowmobile to be or remain unattended on public property. way Traffic Regulation) of Minnesota Statutes' shall apply to the operation of snowmobiles on streets and highways, except those relating to required equip- ment, and those which by their nature have ho application. operate a snowmobile on streets and highways in violation of said provisions. Sec. 8. Rules for Youthful 0p.erators. Notwithstanding anything in this ordinance to the contrary, no person und& 14 years of age shall make a direct crossing of a trunk, county state-aid, or county highway, or of a Village street as the operator of a snowmobile. A person 14 years of age of oldeq but less than 18 years of age may make a direct crossing of a trunk, county state-aid or county highway, or of a Village street, only if he has in his immediatle possession a valid snowmobile safety certificate issued by the Commissioner. No person sh_all 2/2/70 . It is unlawful for the owner of a snowmobile to permit the snowmobile to be operated confrary to the provisions of this section. shall operate a snowmobile unless it is equipped at all times with a muffler in good working order which blends the exhaust noise into the overall noise. The exhaust system shall not emit or produce a sharp popping or cracldigg shund. events held on (1) private lands, with the permission of the owner, lessee, or custodian of the land; (2) public lands and water under the jurisdiction of the Commissioner, with the Commissioner's permission; or, (3) other public lands, with the consent of the public agency owning the land. shall have for sale, sell, or offer for sale on any new snowmobile any muffler that fails to comply with the specifications of the Commissioner after the effective date of the rules and regulations. a public street or highway unless it is equipped with at least one head lamp, one tail lamp, each of minimum candlepoweras prescribed by regulations of the Commissioner, reflector material of a minimum area of 16 square inches mounted on each side forward of the handle bars, and with brakes each of which shall conform to the standards prescribed by rule of the Commissioner, and each of which shall be subject to approval of the Commissioner. this ordinance shall be guilty of a misdemeanor, and shall be fined a sum and costs of prosecution may be added in either case. upon its passage and publication. Notion for adoption of the ordinance was rollcall there were four ayes and no nay Sec. 9. llufflers. Except as hereinafter provided otherwise, no person i . This section does not apply to organized races or similar competitive No person Sec. 10. Lamps and Brakes. No person shall operate a snowmobile upon See. 11. Penalty. Any person found to have violated any provision of not to exceed $300, or shall be imprisoned for not to exceed 90 days, or both, *.. Sec. 12. This ordinance shall be in full force and effect immediately TAX FORFEITED LANDS DECLARED '~NON-CONSERVATION AND FOR SA LE^'; SOME TO BE . ACQUIRED BY VILLAGE;' Mr. Hyde presented Hennepin County Land Commissioner's List No. 644-C of Tax Forfeited lands together with the recommendation that the Village acquire certain properties listed thereon. Councilman Courtney then offered the following resolution and moved its adoption: WHEXEAS, the Village Council of the Village of Edina, Hennepin County, Minne- .sota, has received from the County Auditor of Hennepin County, Minnesota a list of lands in said Village which became the property of the State of EEnne- sota for non-payment of taxes, which said list has been designated as Classi- fication List "644-c"; and WHEREAS,* each parcel of land described in said list has heretofore been classified by the Board of County Commissioners of Hennepin County, Minnespta, as non-conservation land and the sale thereof has heretofore been authorized * by said Board of County Commissioners: NOW, THEREFORE, BE IT RESOLVED, by said Village Council, acting pursuant to. Ninnesota Statutes for 1949, Section 282.01, Subd. 1, that the said classi- fication by said Board of County Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved and Notion for adoption of the resolution rollcall there were four ayes and no ATTEST : RESOLUTION ion, stipulating that Outlots 1 and 2, Payton Court Second Addition be also acquired for highway purposes of these lots are not taken by the Minnesota Highway Depdrtment for T. H. 100 improvement : RESOLUTION APPROVING ACQUISITION OF TAX FORFEITED LANDS FOR STORM DRAINAGE NP HZGDIAY PURPOSES BE IT RESOLVED by the Village Council of the Village of Edina that the Village Attorney be authorized and directed to file "Application by Governmental Sub: division for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin County Auditor's List "644-C", Said property to be used by the Village of Edina as hereinafter s,et forth: 2/2/70 6x2 h a The South 45 feet of West 1 foot of East 330 feet of that part of the Nl? 114 of NE 1/4 lying West of Peacedale Acres - For Storm Drainage Purposes That part of Block 27, Mendelssohn, lying South of Blake Road and East of Town Road - For Storm Drainage Purposes AND BE IT FURTHER RESOLVED that if Outlots 1 and 2, Payton Court Second Addi- tion, also shown on Non-Conservation List “644-C” are not acquired by the State of Minnesota, then said Outlots 1 and 2, Payton Court Second Addition will be desired by the Village of Edina for Higfiway Purposes. Motion’ for adoption of the resolution was rollcall there were four ayes and no nays ATTEST : COMMISSION. Mr. Hyde presented resolutions of‘appreciation adopted by the Planning Commission for Mr. Alfred H. Hiatt, Jr. and Mr. David J. Griswold who have resigned from the Planning Commission. confirming the resolutions of the Planning Commission was seconded by Council- man Courtney and carried as follows: WHEREAS, DAVID J. GRISWOLD has been a member of the Planning Commission of the Village of Edina since his appointment by the-Village Council on November 23, 1959; .and WHEREAS, David J. Griswold has served as Chairman Pro Tem of the Planning Commission of the Village of Edina since-January 3, 1968, and has brought to the Planning Commission of the Village of Edina the benefit of his architect- ural experience and has given of his time and talents to the duties and responsibilities of the Planning Commission; and WHEREAS, DAVID J. GRISWOLD duringbis period of seyice has contributed immeasurably to the orderly planning, growth and development of the Village of Edina, and has deservedly held the full respect and regard of his fellow members of the Commission: NOW, THEREFORE, the members of the Edina Village Council on this second day of February, 1970, are previleged to express their high personal regard for DAVE GRISWOLD and to extend their personal thanks to him for his devotion to.the fulfillment of his duties and responsibil of the Planning Commissi@n of’the..Village Councilman Johnson’s motion RESOLUTION RESOLUTION WHEREAS, ALFRED H. HIATT, JR., was appointed a member of the Planning Commission of the Village of Edina, Minnesota, on January 1, 1947, and served”faithfu1ly until December 1, 1959, and was thereafter reappointed to the Planning Commis- sion on January 1, 1964, and has tendered his resignation from service on the Commission effective February 1, 1970; and WHEREAS, ALFRED H. HIATT, JR., has given generously of his time, ability and experience to the deliberations of th_e Planning Commission, and during his period of service has contributed immeasurably to the orderly planning, growth and development of the Village of Edina, and by his sincertty.- of purpose, impartial judgment and keen sense of fairness has deservedly held the full respect and regard of his fellow members of the commission; NOW, THEREFORE, the menibers of the Edina Village Council on this second day of February,. 1970, express sincere regret that AL HIATT has found it necessary to relinquish his role.of service to the Village of Edina and the members of the Village Council want to extend their.warmest wishes and their personal bilities as a citizen and as a member of ATTEST: BELTLINE JAYCEES’ PEE WEE HOCKEY TEAM RECOGNIZED. Councilman Johnson offered the following resolution commending the Beltline Jaycees’ Pee Wee Hockey Tern and moved its adoption: As recommended-by Mr. Hyde, 2/2/70 RESOLUTION c WHEREAS, the Beltline Jaycees' Pee Wee Hockey Team of the Village of Edina participated in the International Silver Stick Hockey Tournament at Port Huron, Nichigan on January 30 and 31 and February 1, 1970; and VHEREAS, the Beltline Jaycees' Pee Wee Hockey Team won the AA Pee Wee Divi- sion conducting themselves in a sportsmanlike manner and reflecting great' credit to the community as a whole; and TEE@AS; this.:is"Che fikStSi Udit&i 'States team eo. win the International: Silver Stick- H&key Tournament; NOW, THEREFORE, BE IT RESOLVED that heartiest congratulations of the Edina Vi& lage Council be extended to Todd Bjerken, Brad Bolz, John Brenny, Mike Carroll, Chuck Fafth;.-S&ott Farmer, David Finks, Chris Johnson, Johp Lampert, David Langefels, Pat Manion, Mike Mastor, Steven Nichols, Gene Purdy, Greg Rogers, and Jim Schuten, and BE IT FURTHER RESOLVED that heartiest congratulations of the Edina Village Council be also extended to Coach William C. Ryerse and to Manager Robert C. carried. '*, , s .-e -. the following re/solution of congratulations €0 the Village Manager for having been appointed !Man of the Year" by the Edina Sun and "BOSS of the Year" by the Edina Jaycees and moved its adoption: RESOLUTION WHEREAS, Warren C. Hyde has served as Village Manager of the Village of Edina since 1955; and WHEREAS, Warren C. Hyde has been successful in guiding the Village of Edina during these past fifteen years of extensive growth and development; and WHEREAS, Warren C. Hyde has performed outstanding service in the field of municipal government and related agencies in numerous capacities; and WHEREAS, Warren C. Hyde has been selected Sun Newspapers' "Man of the Year for 1969" who will be remembered as a "Man of the Decade" in Edina; and WHEREAS, Warren C. 'Hyde was further honored by being named "BOSS of the Year" by the Edina Jaycees; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council express its pride and offer its most sincere congratulations to WARREN C. HYDE for these new honors which have come his way. Notion for adoption of the resolution wa and carried. ATTEST: . I -Y IXTECTIYE VALTI3K.E. JOHNSON RECOGNIZED. an award presented to Detective Walter Johnson , Councilman Johnson offered the following resolution and moved its adoption: Upon being appriied by Mr. Hyde of 1 RESOLUTION WHEREAS, Walter E. Johnson has served with the .Edina Police Department since April 7, 1957; and WHEREAS, in August, 1969, laalter E. Johnson, while off duty, but performing with the Hennepin County Sheriffs' Drum and Bugle Corp' in Montgomery, Minne- sota, broke from ranks during a parade and was instrumental in saving the life of a sixteen,month old child; and WHEREAS, \?alter E. Johnson was subsequently awarded the Distinguished Service Award by the TJeils, Minnesota, Jaycees; NOW, THEREFORE, BE IT RESOLVED that the Edina Village Council extend its sincere congratulations to DETECTIVE WALTER E. JOHNSON in recognition of his assistance in a moment of crisis. Motion for adoption of the resolution carried. ATTEST : I SlL &- Village Clerk 2/2/70 2% ROBERT KOJETIN RECOGNITION NOTED. made of Robert Kojetin, Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, Robert J. Kojetin has served as the Recreation Supervisor.in the Village of Edina since 1962; and WHEREAS, Robert J. Kojetin, in this capacity, has contributed greatly to the health and'well-being of many Edina young people and adults; and T.IJ3EREASY his many efforts resulted in the selection of Robert J. Kojetin as recipient of the United States Jaycees ' Physical Fitness Leadership Award for 1970 by the Edina Jaycees, as well as being selected to receive the Amateur Softball Association's Production Award for the largest increase in team partici- pation in the State of Minnesota; NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council that heartiest con- * gratulations be extended to ROBERT J. KOJ Motion for adoption of the resolution wa ATTEST : Upon being apprised by Mr. Hyde of recognition RESOLUTION POLICY TO BE CONSIDERED FOR APPOINTMENT OF BOARD AND COMMISSION MEMBERS. Mr. John Yarger questioned the possibility of setting certain stipulations which should be considered before appointing members of Village Commissions and Boards. He suggested the possibility of requesting that citizens serving on various Boards and Commissions agree not to buy or sell any property within the Village Mr. Hyde pointed out: that it would be difficult to find anyone without any conflict of interest. He noted that over the years if a matter came up with which a Commission or Board member had an out- side interest, he would declare his interest and not vote on the matte;. added that if such a policy were adopted, many capable individuals would be inel- igible to serve the Village. Planning Commission, members have an opportunity to take advantage of a situation. Following some discussion, it was decided to discuss the possibility of adopting a policy for appointment of Board "and Commission members at the February 16, 1970, meeting. .with the exception of their own.private homes. Mr, Hyde Mr. Yarger pointed out that particularly with the VOTING MACHINE BIDS TO BE OFFERED. .Mr. Hyde advised Council that Bloomington is selling its Automatic Voting Machines and recommended that the Council authorize submitting sealed bids for twenty-six machines in an amount not to exceed $875 per machine. Councilman Courtney's motion that bids be made on the voting mach- ines as i-ecommended by the Village Manager was seconded by Councilman Shaw and carried. HALIFAX AVENUE PUMP HOUSE VALVE REPLACEMENT APPROVED. As recommended by Mr. Hyde, Councilman Shawl s motion authorizing expenditure of approximately $1,500 for replacement of the Halifax Avenue Pump House valve was seconded by Councilman Courtney and carried. TREASURER'S REPORT AS OF DECEMBER 31, 1969, was submitted by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Council- .. man Shaw and carried. CLAI$IS PAID. for payment of the following claims as per Pre-List: General Fund, $22,055.97; Construction Fund, $6,252.44; Park, Arena, Golf, Swimming, Park Constpction, $57,728.26 ; Water , $1 , 111.8 1 ; Li quo r , $7 0,109 .40 ; Sewer, $200 .9 9 ; Imp rovemen t s , $3,470.40; Improvement Bonds, $2,562.50; Total, $163,491.77; and for confirmation .of the payment of the following claims: 1/22/70 M & I Industrial Supply Co. $ 47.97 General 1/22/70 City of Bloomington 133.00 General 1/22/70 Industrial LigBtSngi$$p&f ;I.'- ';- 934.50 General 1/22/70 Commissioner of Taxation 9 , 870.68 Mise. 1/22/70 Treasurer, City of Minneapolis 1,304.25 Water Arena 1/29/70 BQP. Johnson 2 , 49 2.44 Cons t r . Motion of Councilman Courtney was seconded by Councilman-Johnson .. 1/27/70 State Treasurer 12 .oo The agenda's business having been covered, Councilman' Johnson's motion for adjourn- ment was seconded by Councilman Cburtney. Adjournment at 8:45 p.m.