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HomeMy WebLinkAbout19700601_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE fIAu ON 1 . -* .-- -MO$lDAY,.JUNE.l, 1970, ~ *. Members answering rollcall were Councilmen Courtney, Johnson, Shaw, VanValken- burg and Mayor Bredesen. PlINUTES of May 18, 1970, were approved as corrected by Councilman Shaw, sec- onded by Councilman VanValkenburg and carried. Councilman Shawls correction was that the last sentence of the new Library discussion (Page 92) should bead "Edina is paying Hennepin County approximately two mills (amounting to approxi- mtely $120,000) for bonds and interest and land acquisition and an amount of about $350,000 for operating expenses or an annual amount of nearly $500,000.t' 32ERO~NT3iEARINGS CONDUCTED ON VARIOUS IMPRWEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. suant to due notice given, public hearings were conducted and action taken as hereinafter set forth. A. CONSTRUCTION OF CURB & GUTTER REPLACEMENT AND STREET OVERLAY IMPROVEMENT Pur- NO. P-BA-168 IN Tm FOUOWING: Sunnyside Road from the east line of Block 2 of Country Club District, Grimes Avenue from Sunnyside Road to the north line of Sec. 18, T. 28, R.24 Bruce Avenue from W. 50th Street to Sunnyside Road Casco Avenue from Country Club Road to Sunnyside Road Drexel Avenue from Country Club Road to Sunnyside Road Edina Blvd. from Country Club Road to Sunnyside Road Moorland Avenue from Country Club Road to Sunnyside Road Browndale Avenue from Country Club Road to W. 44th Street Edgebrook Place Country Club Road from Arden Avenue to the south line of the N% Sec. 18, T.-28, R. 24 Fairway Section to Highway 100 Arden Avenue from W. 50th Street to Sunnyside Road .I .- Bridge Street from Arden Avenue to Minnehaha Creek Nackey Street from Sunnyside Road to north line of Country Club District, Mr. Byde recalled that in accordance with the request of some property owners at the3kly9meeting the.Village had c0nducted.a foot by foot survey of all of the curbing proposed to be replaced. and.gutter is in such a position that it should be replaced immediately or, because of vertical or horizontal fractures, it would appear likely that it would need replacement within a period of three to five years. Mr. Hyde said- that he and Mr. Dunn had toured the, aprea and had no difference of .op%nion with the crew that made the survey and recommended that either the entire project be done or none at all since the cost of a piecemeal job would cost moretthan the'complete job. fie added teat the grade problems are such that replacement of the 83.8%would have an affect on as far as drainage was concerned. In reply to a question of Mayor Bredesen, Mr. Hyde said that undoubtedly some heaval would occur over a period of time from the large tree roots. cost $5,000 to $10,000 to repair the curb with asphalt painted grey as had'been done in spme places. Nr. Frank Thorpe, 4614 Edina Blvd., referred to the petitions which he had subfitted at the meeting of May 5 in opposition of the improvement as proposed and also questioned the results of the survey. Mayor Bredesen said that petitions are easy to obtain if he selects the people-to be approached and presents the matter in a certain way. numerous.requests from residents asking that the improvement be installed, Mr. Dum said that water pfpi5lrepilacement would be necessary even if the curb and gutter-were not installed, and ed$lained, in answer to a question from the audience, how the estimated cost was determined. Mayor Bredesen said that-he would not patch the curb-and gutter at the expense of other property owners in the Village and suggested the possibility of removing all of the curbs and sloping the boulevard down to the,gutter-in certain areas. Speaking in opposi- tion to the improvement were Messys. Ralph Tully, 4617 Bruce,Avenue, B. A. Lar- son, 4607 Edina Blvd., and an unidentified gentleman and Mrs. Paul H. Heinrich, 4510 Edina Blvd. Mr. Paul Laederach, 4633 Bruce Avenue, spoke in favor of the improvement. Sn reply to a question of Councilman Shaw, Village Attorney Whit- lock said that he believed that repair work could be specially assessed but that it would involve many problems and the ordinance would probably have to be amended. that the decision on this matter was cut and dried, stating that he had not yet made up his mind. for Edina and that it must consider the recommendations of the Eiigineers. Fol- lowing considerable discussion, Councilman Johnson'movedLthat the'pzttfzer be con- tinued to the 33xst meeting in July so that those opposed to the improvement Brown Section I. The survey showed.that 83.8% of the curb the curb and gutter which was not replaced. . Hrw>H@zJnot!eda&sp that it would probably have He added that he had Councilman Courtney took issue with a statement from the audience He said that Councilrs interest is only for what is best * c. .. , . have an opportunity to expense'who would make 6/1/70 hire an independent professional engineer at their own a survey of a representative sample of curb and gutter and that if there is any serious discrepancy, repair the Village, similar to orders for sidewalk repairs. Councilman Courtney and carried. B. CONSTRUCTION OF BE-ENT STREET IHPROVEMENT AND IN THE FOLLOWING (P-BA-153): Gleason Road from Crosstown Highway (C.R. 62) to I work could be ordered-by Motion was seconded by CONCRETE CURB AND GUTTER Vernon Avenue (C.R. 158) Mr. Hyde advised thatthis propo.sed improvement is a continuation of the upgrading of the Village Municipal State Aid System and that this $soject:-was. fnitria&Ey ~ pa;gpo&d.,to be included in the same contract with the Grandview-Vernon Avenue State Turnback project which is being delayed due to a lack of State Turnback funds. Because of this dalay and a need to maintain access and traffic flow during the Grandview - Vernon Avenue construction, approval of this project is being requested. He presented estimated cost of the improvement at $286,522.25, including a 44 foot asphaltic concrete pavement and portland cement concrete curb and gutter, constructed to State Aid Standards. benefitted abutting residential property for the cost of a regular 30 foot wide residential street with the costs of extra width.and base and pavement depth paid from Village's Btate Aid allocation. On this basis, State Aid would pay $256,595-21 of the estimated cost and the balance of $31,206.96 is proposed to be assessed against abutting property at an estimated rate of $12.00 per foot of assessable street frontage. asskssing the cost of this type improvement is to assess .it on the basis of a property's frontage along the street with the frontage along the side of a corner lot divided by three to determine the assessable footage along those streets. Mr. Karl Krahl, 6100 Arctic Way, was told that property that he don- ated to the Village would not be assessed for this improvement. F. Donnelly, 5205 Lochloy Drive expressed general opposition to the improve- ment, particularly in view of the additional traffic and speed of traffic which she believes will be forthcoming. No further discussion.ensued, whereupon Councilman Johnson's motion authorizing the' improvement was seconded by Council- man Courtney and carrield. (See Resolution Authorizing Improvement later in C.. CONSTRUCTION OF PERMANENT STREET IMPROVEMENT AND CONCRETE CUKB-ANI) GUTTER Village policy on State Aid improvements is to assess The Village's normal policy in Mrs. Charles Minutes .) ~- IN THE FOLLOWING (P-BA-172 originally advertised as P-BA-171) : Gleason Road from Schey Drive to Loch Moor Drive. Mr. Hyde presented total estimated project cost at $60,103.65, proposed to be assessed against 2,769.05 feet at $12.00 per assessable feet, a continuation of the upgrading of the Municipal State Aid system of the Vil- lage and that its approval 'and construction will complete the Gleason Road segment from Crosstown Highway to Dewey Hill Road. $26,875-05 of the estimated cost and the balance of $33,228.60 is proposed to be assessed against abutting properties. requested that GZIeason Road be resfbred to at least one-half of the original grade and presented awo petitions requesting that the grade of the unfinished road be re-established to better conform to the natural contours of the area, *Mr. John W. Lacey, R141 Gleason Road, showed showed slides showing the terrain lsefore;the road was built and again after the sanitary sewer was Cnstalled. , Mr. hnn explained that the grade was established in 1967 with manholes built for this grade for the sanitary sewer and also noted that the storm sewel in the area was designed to go further to the north to pick up drainage, to a question of Councilman Johnson, Mr. hnn said that the grade could be raised but that the watermain would then have to be raised and that it would diwert water so that the storm sewer system would not be adequate.' In reply to a question from an unidentified gentleman in the audience, Nr. Dunn said that it would not be prudent to take a chance on raising the grade of the road as requested and leaving the watermain at its present level since Ft would be very expensive to repafr in case of a break in the pipe. Following consider- able discussion, Councilman Johnson's motion continuing the matter for two weeks so that the engineers would have an opportunity to study the matter was seconded by Councilman VanValkenburg and carried. D. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT (P-C-108) IN THE FOLLOWING: He added that this proposed project is State Aid would pay Mr. R. L. Lillestrand, 7104 Down Road, ' In reply. Proposed road on West side of Our Lady of Grace Parlcing Lot from Eden Avenue to 8661 South Recalling that a petition had been received for this improvement dated December 30, 1968, Mr. Hyde presented total estimated cost at $28,321.03, proposed to be assessed against 1658.5 issessable feet at $17.08 being 'the estimated cost per assessable foot. Mr. Hyde advised Elr. Balfanz that this would not be an open thoroughfare, and that he would propose to put up some sort of protection so that this would not occur. No further discussion was heard, wereupon Councilman Johnson offered the following resolution-and moved its adoption: RESOLUTION ORDERING IMPROVEMENTS GRADING & GRAVELING IMPROVEMENT C-108 STREET IMPROVEMENT AND CONCRETE CURB AND GUTTER NO. BA-153 6/1/70 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and makled to owners of each parcel within the area proposed to be assessed on the following proposed improvements: 1, CONSTRUCTION OF PERElANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING: Gleason Road from Crosstown Highway (C.R. 62) to VeGon Avenue (C.R. 158) CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT IN THE FOLLOIJING: Proposed Road on West side of Our Lady of Graee Parking Lot from Eden Ave; nue to 866' South i 2. and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested and being fully advised of the pertinent facts does hereby determine to proceed with the, construction of said improvements including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements-are hereby designated and shall be referred to in all subsequent proceedings as follows : No. 1 Above STREET IMPROVEMENT NO. BA-153 No. 2 Above GRADING & GRAVELING IMPROVEMENT C-108 and the area to be specially assessed therefor shall include:. for Street Imp- rovement No. BA-153, Lots 1 thru 6,, Block 1, Outlots A and B, Killarney Shores; Outlot D, Gleason 5th Addition; Outlot A, Viking Hills 'Addition; Part of Lot 23, Parcel #5640, Part of Lot 24, Parcel #6045, Auditor's Subdivision 196; Parcel 2400, Sec. 31, T. 117, R. 21; and the area to be specially assessed for Grading and Graveling Improvement No. C-108 shall include Parcels 3401, 3403, 7500, Sec. 28. T. 117, R. 21. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the: resolution was adopted.. ORDINANCE.NO, 261-282 CSANTED FIRST READING. Affidavits of Notice were pssented by Clerk, approved as to form and ordered placed on file,. Pursuant to due notice given, public hearing was conducted and action taken as hereinafter recorded, Mr. Hoisington presented the request of Dorn Buildings, Inc. for rezoning from R-1 Single Family District to R-2 Multiple Residence District for property located South of the junction of and between the M.N.& S. Railroad and Hansen Road. He noted tihat l'and use in the area consists of Garden Park to the Northwest, vacant land to the West, 8ingle family development to the South and East and a 24 unit apartment building to the"Northeast. heard, Councilman 'VanValkenburg offered Ordinance No. 261-202 for First Read- ing as recommended by the Planning Commission 3s follows: . - No objections being * ORDINANCE NO. 261-202 . AN ORDINANCE AMENDIHG ORDINANCE NO, 261 (ZONING ORDINANCE) OF THE VILTAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: I. Section 1. Paragraph 1. Multiple Residence District Boundaries 'of Section 4 (Mdtiple Residence District of Ordinance No. 261 of revised ordinances "0"f the Village of Edina is hereby amended by adding the following subparagraph: District R-2 '*(53) 'Part of Lot 7 and the North 202.7 feet of Lot 6, Garden Park, lying East of railroad right-of-way Section.2. This ordinance shall be in full force and effect from and after its passage and publication according to law, c ORDINANCE NO, 261-203 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Mr. Hoisington pre- sented the request of Cardinal Development Corp, for zoning change from R-1 Residential District to R-2 Multiple Residential District for property located at 4903 W. 44th Street, to make the site buildable and that the'Board of Appeals .has granted this vari- ance subject to approval of the rezoning. Councilman Saw offered Ordinance No. 261-203 for First Reading asCfollows: &ffiEavits of Notice were ppsented He noted that the Zoning Ordinance zqubzes a variance' I No discussion was heard, whereupon' ORDINANCE NO. 261-203 I AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL 'R-2 MULTIPLE 'RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1. Multiple Residence District Boundaries of Section 4 (Multiple Residence District of Ordinance No. 261 of revised ordin- ances of the Village of Edina is hereby amended by adding the following sub- paragraph : * 6/1/7,0 District R-2 "(54) Lot 1 except the East 100 feet and Lot 2 except Highway right- of-way, Block 2, Arden Park 3rd Addition" Section 2. This ordinance shall be in full force and effect from and { after its passage and publication according to law. ORDINANCE NO. 261-204 GRANTED FIRST READING. Affidavits of Notice were pre- sented by Cle'rk, approved as to form and ordered placed on file. Mr. Hoisington presented,the request of Carl M. Hansen for zoning change from R-1 Residential District to R-2 Multiple Residential District for property located on the North- east corner of Malibu Drive and Cougar Trail. He indicated that existing zoning includes R-2 Mulqiple Residential District to the South and Vest and R-1 to the North and East, which properties are unplatted and dacant. being heard, Councilman Shaw offered Ordinance No. 261-204 for First Reading as recommended by the Planning Commission as being in keeping with the Western Edina Plan as follows: No objections ORDINANCE NO. 261-204 AN ORDINANCE AMENDING ORDINAbICE NO. 261 . (ZONING ORDINANCE) OF THE VIUAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE; VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 4 (Multiple Residence Disfrict of Ordinance No. 261 of revised ordi- nances of the Village of Edina is hereby amended by adding the following sub- p aragrapb : Section 1. Paragraphll. Multiple Residence District Boundaries of District R-2 "(55) Lot 1, Block 2, Parkwood Knolls 15th Addition: Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. PEMTOM, INC , ZONING REQUEST CONTINUED TWO WEEKS PENDING RECEIPT OF OPTION. Affidavits of Notice were presented by'Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the request of Pemtom, Inc., for rezoning of a 23% acre tract of land located on the Northwest quadrant of Tracy Avenue and the Crosstown Highway from R-1 Single Residence District to Planned Residential District and said that the rezoning would allow a maximum of"ninety-four'units at four units per acre. Ur. Hoisington added that the possibility exists that the new fire station may be located on 1% acres of the Pemtom site immediately East of Tracy Avenue and South of Countryside park. Councilman Johnson said that the fire station site should be determined before considering this zoning and that they should be discussed separately. objected to rezoning the property at this time on the grounds that land values would be apt to rise after- the rezoning took place and added that the Village should know just how much the fire station site would cost. fied gentleman who said that he lived across the street from the proposed fire station, questioned maneuvering space for fire trucks. Mr. Hoisington replied that it is anticipated %h'ak fire trucks would,be parked in the rear while outside the structure. two problems are inseparable and noted that while he has no objection fO Pemtom's proposal, children using the park. Mr. Robert Engstrom, representing Pemtom, Inc., agreed that Pbmtom would sell to the Village whatever amount of land would be required at the per acre price paid by them, even thoughthe fire station site represents a disproportionate ,amount of the good soild of the property. He added that Pemtom would provide the Village with an option to that-.&fect within two weeks. this type of development would psoduce no more traffic than siBg3e family development since only four units were permitted per acre. able discussion, Councilman Johns6n's motion continuing the matter until June 15, 1970, was seconded by Councilman Shaw and carried. He An unidenti- Mr. Jack Yarger said that he believes these he believes that they should provide safety measures for Mrs. Charles Donnelly, 5205 Lochloy Drive, was told that Following consider- ORDINANCE NO. 261-201 ADOPTED AT SECOND RIbU3ING. First Reading had been granted onXay 18, 1970, for R-2 zoning for property on McCauley Circle.' No objections being heard, Councilman Johnson offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 261-201 Mr, Hoisington recalled that .. , AN ORDINANCE AMENDING ORDINqNCE NO. 261 VIL;LAGE OF EDINA ESTdBLfSHING AN ADDITIONAL R-2 MULTIPLE,RESIDENCE DISTRICT (ZONING ORDINANCQOF Z'RE THE VILLAGE COUNCIL OF THE VI&LAGE OF EDINA, MINNESOTA, ORDAINS:' Section 4, (Multiple Residence District) of Ordinance No. 261 of Revised Ordinances of the Village of Edina is.hereby amended by adding the following subparagraph : Section 1. Paragraph 1. Multiple Residence District Boundaries of 6/1/70 .. J District R-2: "(52) Lats One (I), Two (2) and Three (3), Block One (l), McCauley Heights Third Addition: Section 2. This ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for adoption of the ordinance was s call there were five ayes and no nays and ATTEST: I LI 2kL.d.Ld. h I1 " Village Clerk fl MC ALLISTER PROPERTIES REGISTERED IAIkl SURVEY GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoisington presented the Registered Land Survey of McA1- lister Properties, Inc., located between Xdrxes Ave. and York Ave from W, 69th Street to W. 70th Street, noting 'that the ordinances have been met and that Planning Commission has. recommended Preliminary Approval. No objections being heard, Councilman Johnson offered the following resolution and moved its adoption : RESOLUTION APPROVING MC ALLISTER PROPERTIES, INC.. REGISTERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain Registered Land Survey, presented for approval by McAllister Properties, Inc., covering property located generally.between Xerxes Avenue South and York Avenue South from West 69th Street to West 70th Street, and presented at the .Edina Village Council lfeeting of June 1, 1970, be and is hereby granted prelim- inary approval. Motion for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. LOT 1, BLOCK 1, TOWN REALTY'S EDINA TERRACE THIRD ADDITION EASEMENT VACATED. 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 and action taken as hereinafter recorded. Mr. Dunn presented the request to vacate an unused utility easement in Lot 1, Block 1, Town-Realty's Edina Terrace Third Addition, noting that construction will be crossing the easement. ions were heard, whereupon Couricilman VanValkenburg offered the following resolution and moved its adoption: * '. .I No object- RESOLUTION VACATING UTILITY EASEMENT IN LOT 1, BLOCK 1, TOWN REALTY'S EDINA TERRACE THIRD ADDITION WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on June 1, 1970, at 7:OO p.m., on the proposed vacation of the utility easement hereinafter described has been given and made and a Hearing has been held thereon'by the Edina Village Council: NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described utility easement be and is hereby vacated: The East Fifteen (15) Feet of Lot One (l), Block One (1), Town Realty's Edina Terrace Third Addition Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and tlie resolution was adopted. L-8 STmET LIGHTING STANDARDS WITH ORNAMENTAL MERCURY VAPOR LUMINAIRES BID AWARDED. L-8 had been continued ftom meeting of May 18, 1970, so that low bidder, Premier Electrical Construction Company could be investigated. Mr. Hyde recalled that award of bids for Street Lighting Improvement He reported that the company had been found to be reputable, whereupon Councilman Shaw's motion awarding contract for Street Lighting .Improvement L-8 was seconded by Councilman Johnson and carried. . GOLF PUTTING GREENS MOWER BID AWARDED. Affidavits of Publication were pre- sented by Clerk, approved as to'form and ordered placed on file. advised that only one bid had been received, that of R. L. Gould & Company, and that specifications were met. seconded by Councilman Shaw and carried, awarding bid to R. L. Gould & Co. R'. E. NORRIS OBJECTION TO INCREASED MARKET'VALUE OF PROPERTY NOTED. Mr, Hyde called Council's attention to an objection from Mr. R. E. Norris, 6128 Abbott Mr. Hyde Councilman VanValkenburg's motion was I Avenue S, on the revaluation of his-property and noted that approximately 950 cards had been returned requesting personal investigation of the value of th&r homes and that unfortunately, people were confusing the value of their homes with their tax dollar, No formal action was taken. 105 WATERMAIN IMPROVEMENT 257 ORDERED ON 100% PETITION. The Village Engineer reported that a petition for an improverhent consisting of Watermain on Motor Street between Brookside Terrace and dead end had been received in the Clerk's office on May 25, 1970, signed by all owners of real property abutting on said portion of Motor Street, viz: Said petition alsd requested 'the Council to assess the entire cost against the property of such owners . following resolution and moved its adoption: Timothy L. Stone and Mrs. Helen H. IJashburn. Councilman VanValkenburg thereupon introduced the RESOLUTION ORDERING WATERMAIN IMPROVEMENT NO. 257 UPON PETITION THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : 1. 'It is-hereby found and determined that a petition has been filed request- ing the Council to construct a watermain improvement on Motor Street from Brookside Terrace to dead end and to assess the entire cost against the property of petitioners, and that said petition has beensigned by all owners of real property abutting on said street where the imppovement is to be located. 2. The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). shall be referred to in all subsequent proceedings as WATERMAIN IMPROVEMENT NO. 257. against the properties abutting on said Motor Street where said improvement is to be located. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. - Saidimprovement is hereby designated and The entire cost of said improvement is hereby ordered to be assessed OLD LIBRARY SITE DECISION CONTINUED TO JUNE 15. Hoisington that he now has twelve of the fifteen signatures needed releasing' the deed restriction which originally-conveyed the library site and the buffer strip to the Village, Councilman Johnson's motion continuing the matter to June 15, 1970, was seconded by Councilman VanValkenburg and carried. NAEGELE OUTDOOR ADVERTISING COWANY VARIANCE DPEAL DENIED. Mr. Hoisington advised Council that Naegele 06tdoor Advertising Company's request to erect a twelve foot high sign at 7400 Metro Blvd. for Honeywell hadpbeen denied by the Board of Appeals and that this decision is now being appealed to Council. Mr. Robert Naegele presented a drawing of the proposed sign which.&e.-Istated reflects the character of the building and added that the owners of the property have approved the sign. thought the design of the sign was good, if a 50% variance should be @anted, it might be wise to consider an amendment to the sign ordinance. that he is disappointed that Naegele Outdoor Advertising Conipany is making so could be amended so that the height'of the building would have an eEfect on the height of a permitted sign. Shawls motkon denying the appeal on the grounds that making such an exception could set a precident was seconded by Councilman Johnson and carried. GARBAGE AND TRASH COLLECTION DISCUSSED. ing had been held witti the three major garbage haulers. At that meting it had been determined that these haulers could handle all residential hauling after the proposed "no'burning" ordinance is adopted, but that they would have to raise their rates. Haulers were" also told not to encourage their customers to deposit their trash at the curb on the day on which the trash is to be picked up. ordinance by issuing warning tags to violators who will be brought to court if the violations then continue. No formal action was taken. ' Upon being advised by Mr. Councilman VanValkenburg pointed out that, while he 1. He added . many requests for variances. Mayor Bredesen suggested that the sign ordinance Following considerable discussion, Councilman Mr. Hyde advised Council that a meet- Mayor Bredesen added that the Village is prepared to enforce-the II C-102 AGREEMENT AUTHORIZED WITH R. E. CLARK. Mr. Dunn advised Council that it is absolutely necessary for the house owned by Mr. R. E. Clark, 3428 N. 78th Street to be remdved because of the grade required for Grading*and.Graveling Improvement No. C-102. He said that Mr. Clark has agreed to accept $13,500 Council to authorize him to enter into agreement with Mr. Clark. Councilman VanValkenburg's motion authorizing the Village to enter into agreement with Mr. R. E. Clark 'for removal of his house was seconded by Councilman Courtney .and carried. Mr. Dunn added that cost of the houss removal would be charged back to the cost of the improvement. . to remove his house from its present location and asked permission of the - STREET 'IhROVEMENT NO. BA-96 REBATE GRANTED. Mr. Whitlock advised Council that.Mr. Frank Tupa, Jr..had said that he was entitled to $223.50, plus interest paid by him over three years, as a rebate on his assessment for Street Improvement No. BA-96, in view of the Court decision on his suit. Mr. Vhitlock added that the Village feels that Mr. Tupa's refund should be only $154.50 plus accrued interest, but recommended a compromise rather than going to the 10 6 ' 6/1/70 .i the expense of reassessing the project. at this point,) rebate and was told that-if there was a balance in the assessment fund, it wobld come from there. seconded"by Councilman Shaw and carried to piy Mr. Tupa $223.50 as recommended by Mri Dalen and the Village Attorney. T.H. 100 IMPROVEMENTS DISCUSSED; CONTINUED TO JUNE 15, 1970. Mr. Dunn advised Council that before bids are taken for the T.H. 100 improvements, Council should adopt the Cost Sharing Resolution, the Utility Agreement, the Cost Sharing Agreement for the proposed curb and gutter and the actual approval of the plans for T.H, 100 between North Village Limits and 'Nillson Road. Donnelly, 5205 Lochloy Drive, asked if the Village had to accept the plans of the State Highway Department, whereupon Mr. Hyde reviewed the history of the highway and advised Mrs. Donnelly that traffic has to be accommodated. He added that whiIcF-YeEnon Avenue is proposed to be 44 feet, thru traffic volume have been diverted on T.H. 169 from County Road 18 to T.H. 100. Following considerable discussion, Councilman VanValkenburg's motion was seconded by Councilman Courtney and carried, continuing Plan Approval, Utility Agreements and Cost Sharing Resolution to June 15, 1970. WEST 78TH STREET BRIDGE BIDENING APPROVAL BY PUBLIC SERVICE COMMISSION REQUESTED. Mr. Hyde advised Council that the bridge over the M.N.& S. tracks is consid&r- ably narrower than traffic dictates. Councilman &&tney!offered the following resolution and moved'its adoption: WHEREAS, it has been proposed that the existing bridge over the Minneapolis, Northfield and Southern Railway at West 78th Street (Old Highway No. 5) be Tmprdved and widened; and BHEREAS, it appears that the improvement and widening of said bridge is neces- sary; NOW, THEmFORE, IT IS RESOLVED that a petition be submitted to the Public Service'Commission of She State of Minnesota for authority to imp9ous and widen said bridge and for a determination by said Commission as to the division and.allocation *of tEie expenses incident to said improqement and widening. IT IS FURTHER RESOLVED that the Village Attorney be instructed to make and prosecute said petition in behalf of the Village of Edina. Motion for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there were four ayes and no nays and the resolution was adopted. * CHANGE IN METHODS OF FINANCING IMPROVEMENTS FOR NINE MILF: CREEK WATERSHED DISTRICT DISCUSSED. officers of the Nine Mile Creek Watershed District suggesting that in place of assessing the projects that will be forthcoming in the Nine Mile Creek Watershed District, the Legislature be .requested to make a flat levy on the tax rates. He recommended that the Village not *concent to such legislation unless Edina had overcall of their levy befork it is effective. Councilman Shaw said'that the millrate limitation does not appeal to him until we find. out whether Edina's upward revaluation 'of property will be the same percent- age as other municipalities in the Nine Mle Creek Ijatershed District So that Edina does not pay a disproportionate amount. mended that the Nine Mile Creek Watershed District cancorrvert to a millrate after they set a dollar rate as the Village. write the Watershed District request&.that they set a dollar limit and CounciI.-approval of the levy. Creek Watershed District contributes tion of Mud Lake. GROVE STREET RAILWAY CROSSING TO BE VACATED. Public Service Commission had brderkd the 'clo'sing of the Grove Street crossing over the M.N.& S. Ra?.lroad'tracks. Councilman Shaw's motion that the crossing be vacated, rather than closed, was seconded by Councilman VanValkenburg ana carried. for July 20, 1970. SALARY ADJUSTMENTS CONTINUED TO JUNE 15, 1970. Mr. Hyde called Councii's attention to salary adjustments which he had recommended. burg's motion continuing the matter to June 15, 1970, was seconded by Council- man Oourty and carried. (Councilman Johnson left the meeting Mr. Tupa, 3r. asked where the money would com& from fok this Following some discussion, Councilman Courtney's motion was , Mrs. Charles I .*. e. As recommended by the Village Manager, RESOLUTION / I' Mr. Hyde advised that a letter had been received from the Mayor Bredesen recom- Mr. Hyde said that he would Mr. Jac? Yarger was told that the Nine Mile approximately $20,000 toward th& acquisi- ." Mr. Hyde advised Council thatfhe As recommended by the Village Attorney, Hearing date 'will be set Councilman VanValken- BIDS TO BE TAKEN FOR STREET:IMkROVEbENT NO. BA-153.. As recommended by Eir. %nn, Councilman VanValkenburg offered the following resolutibn and moved its adoption : 6/1/70 .. XI RESOLUTION PROVIDING FOR .PUBLIC HEARING ON .STREET IMPROVEMENT NO. BA-153 BE IT RESOLVED BY THE-VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA:- $. following Advertisement for .Bids. form, heretofor prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. Bulletin the following notice for bids for improvement:. Plans and specifications for the.proposed improvement set forth in the The Clerk shallxause to be published in the Edina Sun and Construction (Official Publication) VILLAGE OF EDINA HENNEPXN COUNTY, MINNESOTA ~ ADVERTISEMENT FOR BIDS PE~NENT' STREET SURFACING AND IMPROVEMENT NO-. BA-153 CONCRETE cum AND UTTER . (S.A.P; 20-48-06) . BIDS CLOSE JULY 6, 1970 SEALED BIDS will be received and opened in the Council-Chambers in the Edina Village Hall, 4801 W. 50th Street, at 11:OO a.m., Monday, July 6, 1970, and the Edina Village Council will meet at. 7 :00 p.m. I Monday, July 6, 1970, to consider said bids for theL construction of Permanent Street Surfacing and Con- crete Curb and Gutter. .The following are approximate quantities of major items: 3,400 CZY Excavation 6,300 C/Y Muck Excavation . 48,000 C/Y Common Borrow . 80 1,600 2,200 4,000 L/F 169'' Span Concrete Pipe L/F 12" D.I.P. Mechanical Joint Watermain Ton Bituminous Binder Cqurse Mixture 800 Ton Bituminous Wear Course Mixture L/F B6-18 Concrete Curb and Gutter Work must be done as described in plans and specifications on file in the office of the Village Clerk. a deposit of $25.00 (by check). the plans and specifications with a bona fide bid. unless sealed and accompanied by cash deposit, bid bond or certi'fied check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDINA VILLAGE COUNCIL. Plans and specifications are to be available for Said deposit to be returned upon return of No bids will be considered The Council resekves the right to reject any or all bids. Florence B. Hallberg Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the, resolution was adopted. 1970 PARK AND RECREATION DEPARTMENT CAPITAL IMPROVEMENTS PROGRAM APPROVED. Mr. Rosland presented to the Council the recommendations of the Park Board in regard to the 1970 Capital Improvement Program and Baseball Athletic Complex. The gwo reports which were submitted to the Council previously were Capital Improvement Report and the Feasibility Study for the Athletic Comp,lex which was assembled by a citizens committee and the Park Board. The total Capital Improvement budget was $103,000 of which $38,200 was slated for the Athletic Complex. The program calls for the following items in addition to the Athletic Complex: Braemar Soccer Field, $5,000; Beard Park, $6,500; Pamela Park, $19,000; Walnut Ridge Park, $9,000; Mud Lake Committment for Land Purchase, $20,000; Shade Tree Planting, $3,000; Unpcedicted Expenses, $2,300 ... Mr. Rosland stated that this total program had been approved by the Park Board. Councilman VanValkenburg's motion approving the 1970 Capital Improvements Program of the Park and Recreation Department was seconded by Councilman Courtney and carried. @he- eSfort6 'df: &he citizens' combittee working for the good of the entire Village. HEMJEsZN 00I3HTZ HEALTH DEPARTMENT CHANGES DISCUSSED. that the Hennepin County Health Department is enlarging its Health sewices and are about to take a lease in a new building behind St. Louts Park Methodist Hospital and have asked that the Suburban Public Health Nursing Service move to the St. Louis Park Medical Building at no cost to them.. The County has also offered St. Louis Park, as one of the three municipalities in the Tri City Health Laboratory, space in the building as well as free space for the St. Louis Park City Health Department. Mr. Hyde added that.no offer was made to pay for the Tri City Health Laboratory equipment. He recommended that Council approve the move of the Suburban Public Health Nursing Service as proposed but recommended that the matter of moving the Tri City Health Laboratory be investi- gated further. This $38,200 represented the'first year of a four year total program. Following some discussion, Mr. Hyde noted,that this is an excellent example of Mr. Hyde advised Council Following considerable discussion, Councilman VanValkenburg's G motion approving the moving of new quarters in St. Louis Park the Tri City Health Laboratory 6/1/70 Suburban Public Health Nursing Service to the but investigating further the matter of moving was seconded by Councilman. Shaw and carried. METROPOLITAN SEWER BOARD TAKEOVER OF MINNEAPOLIS-ST, PAUL SANITARY DISTRICT .TO Board had submitted a resolution for adoption by the Council authorizing cont- inued payments to Minneapolis for use of the Minneapolis-St. Paul Sanitary . District Sewerage Works, motion referring the matter to the Village Attorney for study was seconded by Councilman Shaw and carried. - BE STUDIED BY ATTORNEY. Blr. Hyde advised Council that the Metropolitan Sewer Following some discussion, Councilman Courtney's I BRAEMAR PAVILLION IMPROVEMENT AUTHORIZEDf authorize him to spend an additional $5,000 obove the contracted amount for concrete to be placed where it was previously called for bituminous surfacing in the new Braemar Pavillion. This change order to the contract would cost an additional $4,950 and the money is available in the Braemar Arena Surplus, Following 'some discussion, Councilman Courtney! s ,mo$-ion approving the change order as recommended by the Park Department was seconded by Councilman Shaw and carried. ORDINANCE NO. 196 GRANTED SECOND REATIING. nance No. 196, noting that the Village Attonney had#recormnended certain changes Shce First Reading was granted on May 18, 1970. .Councilman VanValken- burg thereupon offered Ordinance No. 196 for Second Reading and moved its adoption as recommended by the Village Attorney as follows: Nr. Rosland requested that the; Council .. - Mr. Hyde presented Clear View Ordi- ORDINANCE NO. 196 AN ORDINANCE PROHIBITING PLANTINGS TO CLEAR VIEW AT INTERSECTIONS AND STRUCTURES AND ALL OTHER CONSTRUCTIONS OTHER PLACES, ANR PROVIDING A PENALTY THE VILLAGE COUNCIL OF THE VIWE OF%DINA, MINNESOTA, ORDAINS: Section 1. Clear View at Street Intersections, On any property which is located at a street intersection, it shall be unlawful for the owner or occupant of such property to install, set out, maintain, or pennit the installation or maintenance of any sign, fence, hedge, tree, shrub, natural growth, building or other obstruction to a clear view having a height greater than three feet above the level of the-center of the adjacent intersection, within the triangular area formed by connecting the following three points: on,each adjacent curb line 30 feet from such point of intersection. are no curbs, the edge of the travelled portion of the street or road shall be used instead of the curb line. Section 2; Exceptions. (a) I the point of intersection of the adjacent. curb lines extended, and a point .- If there This ordinance does not apply to the following: Any building, sign, fence, growth or other obstruction in' existence on the effective date of this ordinance and not located on a boulevard or public right-of-way. height not less than eight feet above the level of the center of the adjacent intersection. (b) Trees with trunks less than 12-inches in diameter and trimmed to a' (c) (d) Sec.-3. Plants Extending over Road. Official warning signs or signals, Signs mounted ten feet or more above the ground and none of whose supporting members are greater than 12 inches in diameter or width. platings-along public streets' or roadways shall permit such plantings to extend over the travelled portion of such street or roadway unless trimmed to a mipimum height of 16 feet.. I No person owning or controlling any Sec. 4. Plants, etc., on Roadway. No plant,.fence, construction or any other obstruction shall be placed on the boulevard or public right-of-way without permission of the Village Manager. Any person found to have violated any provision of this ordinance shall be guilty of a misdemeanor, and shall be fined. 8 sum not to exceed $300, or shall be imprisoned.for not to exceed 90 days, or both, and costs of prosechtion may be added in either case. Sec, 6, This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance w on rollcall there were four ayes and n Sec, 5. Penalty, ATTEST : I 1 Village Clerk I 6/1/70 RICHARD E, ENROTH RESIGNS FROM PARK BOARD. of Mr. Richard E. Enroth from the Edina Park Board, whereupon Councilman Shaw offered the following resolution and moved its adoption. Mayor BredeSen noted the resignation / ./ RESOLUTION' OF APPRECIATION RICHARD E. ENROTH TO WHEREAS, Richard E. Enroth has served on-the Park Board of the Village of Edina since August 2, 1965; and WHEREAS, during his tenure of office ;he Park System of the Village of Edina has continued in growth and in service to citizens of Edina; and WHEREAS, Richard E. Enroth3has now'moved from the Vidlage of Edina and has tendered his resignation from the Park Board; NOIj, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina expres its sincere thanks and grateful appreciation to for his devoted and untiring efforts on behalf of the Park Board of the Village of Edina and the citizenry as'a wholei; and BE IT FURTHER RESOLVED that the Edina Village Council extends its very best wishes for success to Richard E. Enroth in all of his future undertakings. Motion for adoption of the resolution was seconded by Councilman Courtney and . carried. RICHARD E. ENROTH. WILLIAM A, WHITLOCK THANKED FOR SERVICES TO VILLAGE. offered the following resolution and moved its adoption: Councilman VanValkenburg RESOLUTION 'OF APPRECIATION TO WILLIAM A. WHITLOCK WHEREAS, William A. Whitlock has served as Village AttoAey for t7he_VYllage of Edina since October 26, 1964; and WHEREAS, auring his years of service to the Village he has given wisely of his counsel and has been ever ready to assist whenever called upon by members of the Village staff; and , WHEREAS, William A. Whitlock has now moved.from the Village 05 Edina and has tendered his resignation as Village Attokey; NOW, THEREFORE, BE IT RESOLVED that the Village Council of the 'Village of Edina does express its deep appreciation and sincere thanks.to for his wise and untiring efforts on behalf of the Village of Edina. Morion for adoption of the resolution was seconded by Councilman Courtney and oarriedc WILLIAM AIWHITLOCK c +HEARIN(: DATES SET FOR P-BA-171, P-B-78 AND P-s?.S.124. As recommended by Mr. Dunn, Councilman VanValkenburg offered the following resolution and moved its adopt ion : RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER AND BRIDGE WIDENING IMPROVEMENT NO. P-BA-171, CONCRETE CURB ANI, GUTTER, DRIVEWAY AND SIDEWALK P-Bo783 STORM SEWER IMPROVEMENT NO. P-ST.S. 124 2. as to the feasibility of the proposed improvements described in the form of Notice of Hearing as set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file 2. This Council shall meet on Monday, June 15, 1970, at 7:OO p.m. in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause mbice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all agfected properties in substantiiklly the following form: The Village Engineer, having submitted to the Council a preliminary report in the-office of the Village Clerk. .r r (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARINGS ON ' PERMANENT STREET SURFACING AND . CONCRETE CURB AND GUTTER AND BRIDGE WIDENING IMPROVEMENT NO. P-BA-171 AND . CONCRETE CURB AND GUTTER, DRIVEWAY AND SIDEWALK!P-B-78 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, June 15, 1970, at 7:00 p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated .. by the Village as set forth below: I. CONSTRUCTION OF PLANT MIkD BITUMINOUS SURFACING AND ESTIMATED COST CONCRETE CURB AND GUTTER AND BRIDGE WIDENIhG IN THE FOLLOWING: .. . A. BPROVEMENT NO, P-BA-171 (S.A.P. 20-156-01 M.T.B.) $170,676.39 West 78th Street from 100' East of East Bush Lake Road to 400' West of Cahill Road 2. CONSTRUCTION OF CONCRETE CURB AND GUTTER, DRIVEWAY AND SIDEWALK IN THE FOLLMNG: A. IMPRQVEMENT NO, P-B-78 (Portion of.State Highway +. $ 34,707.03 No. 100 Construction S.P. 2733-39 and S.P. 2734-18 FJillSbii Road from Eden Avenue to 1050' South Eden Avenue from Willson Road to 300' East Grange Road from Eden Avenue to W, 50th Street . 37. 50th Street from Dale Drive to W.. Sunnyslope Road Arcadia Avenue from Eden Avenue to TJ. 50th Street Nest Frontage Road from Eden Avenue to 1050' South. Vernon Avenue from Arcadia Avenue to 259' Nest Laura Avenue from Moore Avenue.to Cascade Lane West Frontage Road from W. 44th Street to North "Sidewalk" West of ?est Frontage Road from Richmond , Edina Village Limits Drive to Our Lady of Grace Church Property The area proposed to be assessed for the cost of the proposed Plant Mixed Bituminous Surfacing and Concrete Curb and Gutter and Bridge Widening listed under 1-A above (P-BA-171) includes Lot 11, Block 3, Lot 2, Block. 4, .Lot. 1, Block 9, Edina 3nterchange Center;' Lot 2,. Block 2, Nine. Mile West First Addition; Sarcel 730, Sec., 8, T.. 116, R, 21. The area proposed to be assessed for the cost of the proposed Concrete Curb and Gutter, Driveway and Sidewalk listed under 2-A above (P-B-78) includes Parcel2200, See. 18, T, 28, R. 24; Parcel 7500, Sec,.28, T-..ll7, R. 21;. Tract B, R.L.S. 1021; Tract A, R.L.S. 212; Lots 8 and 9, Block 5, Country Club District Sunnyslope Section; Lots 1, 2, 4, 5, 6, 7, 8, Block 1, Lots 1 thru 9, Block 2, Grandview Heights; Lots 10 thru 17, Block 7, Lots 1, 2, 3, 4, and 7, Block 8, Tingdale Bros, Brookside; Lots 10 thru 18, Auditor's Subdivision No. 176; Lots 12, 14, 15 and 17; Auditor's.Subdivision No. 259; Lot 1, Cas- cade Falls.. FLORENCE B, HALLBERG Village Clerk , .{Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING STORM SEWER IMPROVEMENT NO. P-ST,S, 124 EDINA VILLAGE COUNCIL will meet: at the Edina Village Hall on Monday, June 15, 1970, at 7:OO porn., to consider the following proposed improvement to be constructed under the authorify gravted by Minnesota Statutes, Chapter 429. The approximate cost of said improvement is estimated by the Village as set forth below: CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING: ESTIWTED COST $273,447.76 IMPROVEMENT NO, P-ST.S, 124 Located on T.H. 100 from North Village Limits to ~ Valley View Road The area proposed to be assessed for the cost of the proposed Storm Sewer P-ST.S. 124 above includes all lots and tracts of land within the following . described boundaries; Beginning at the Northeast corner of Lot 12, Auditors Subdivision No. 259, which is the Southwest corner of Moore Avenue and Laura Avenue; thence Southwesterly to a point on the South line of said Lot 12, .which point is 40 feet West of the Southeast eorner of said Lot 12; thence West"a1ong the South line of said Lot 12 to a point which is 5 feet East of the Southwest corner of said Lot 12; thence Southwesterly to the Southwest corner'of Lot 14, Auditors Subdivision No. 259; thence South to the Southwest . corner oE Lot 17, Auditors Subdivision No. 259; thence Easterly to &he inter- section of the South line of Cascade Lane and the proposed West right-of-way line of State Highway No. 100; thence Southerly along the proposed West right-of-way line. of State Highway 100 to its intersection with a 1iGie:parallel- to and 30 feet North of the North line of Edinbrook Lane; thence West along said parallel line to the East line of Tract A, R.L.S. No. 5; thence Westerly to a point in the East line of Tract D, R.L.S. No, 5, which point is'20-feet Northeast of the Northerly line of Edinbrook Lane; thence Northwesterly along a line parallel to and 20 feet Northeasterly of the Northeast line of Edinbrook I 1 ~i/70 Lane to the West line of said Tract D; thence Northeasterly along said West line of Tract D a distance of 15 feet;Lthence Westerly, parallel to and 35 feet Northerly of the North line of Edinbrook Lane'to the North line of Lot 3, Block-3, Edinbrook Addition; thenge West to the Northwest corner of said Lot 3; thence South to the Southwest corner of Lot 1, Block 3, Edinbrook Addition; thence Southeasterly to the intersection of the West line of vacated Pukwana Lane and the South line of West 48th Street; thence Southeasterly to a-point in the North line of Lot 8, Block 2, Tingdale Brother's Brookside, which point is 25 feet East of the Northwest corner of said Lot 8; thence South to a point which is 60 feet North of the South line and 25 feet East of the West line of said Lot 8; thence Southwesterly to the intersection of the centerline of the Minneapolis, Northfield and Southern R.R. and the Westerly ext&rsioaof the North line oE Millpond Place'; thence South along the*,centerline of the M.N.& S*. R.'R. to its intersection with the South line of Hopkins Road; thence Northwesterly along the South line of Hopkins Road to the' South line of County Road No. 158; thence Southwesterly to the intersection of the South line of Lot' 10, Block 4, Grand View Heights, and the Nest line of County Road'No. 158; thence West ,to the Southwest comer of said Lot 10; thence North to the Northeast corner of Lot 6, Block 1, Brookside Heights; thence West along the North line of said Lot 6' and the, North line of Lot 9, Block 2, Brookside Heights to a point 25 feet.West of the West line of Hank- erson Ave. ; thence South and parallel bo the 'Nest line of Hankerson Ave., a distance of 285 feet; thence West and parallel to the North line of Mest 51st Street a distance of 213 feet.; thence Southwesterly to the Southwest corner, of Lot 15, Block 2, Brookside Heights; thence Southwesterly to the inter- section of William Avenue and West 51st Street; thence South along the center line of William Ave. a distance of 356.3 feet; thence West to a point in the. East line of Lot 18, Block 8, Brookside Heights, which point is 25 feet North of the SoutheBst corner of said Lot 18; thence Sopthwesterly to the Southwest comer of Lot 17, Block 8, Brookside Heights; thence West to the Southeast comer of Lot 8, Block 7, Brookside He-ights; thence. on a line from the Southeast corner of said Lot 8 to the Northwest. comer.of said Lot 8 to a poiht 50 feet West of the East line of said Lot 8; thence South to a point on the of the Southeast comer of said Lot 9; thence Southeasterly to,a point on the' North line of Lot 11, Block 7, Brookside Heights; which point is 35 feet West of the Northeast corner of said Lot 11; thence South, to a point in said Lot 11, which point is 15 feet South of the North linfe and 35 feet West of the East line of said Lot 11; thence East to a point on the East line of said Lot 11, which point is 15 feet South of:'the Northeast comer of said Lot 11; thence South to the Northwest corner of Lot 1, Block 2, Replat of Part of Grandview Plateau; thence East along the North line of said Lot 1 a distance of 85 feet; thence South to a point in the South line of saidLot 1, which point is 35 feet 'Nest of the Southeast comey of said Lot 1; thence West along the South line of said Lot 1 a distance of 15 feet; thence South, parallel to and 50 feet West of the West line of Grandview Lane to an intersection with a line rupning from the Northeast confer of Lot 5, Block 1, Replat of Part of Grandview Plateau to the Southwest comer of said .Lot 5; thence SoGthwesterly to the Southwest corner. of said Lot 5; thence South along the IJest line of Lot 6, Block,2, of said Replat and along said line extended to a point of intersection with a line parallel to and 130 feet South of the South line of IJest 53rd St.; thence East along -said line a distance of 250 feet; thence Northeasterly to the intersection of said South line .of West 53rd St. and the West line of County Road No. 158; thence Easterly'to the 'intersection of the East line of Sherwood Ave. and the.South line of W. 53rd St. extended; thence South along the East line of Sherwdod Ave. to a point 25 fFet. South of the Northwest corner of Lot. 5,'Biock- 2, Edenmoor; thence Southeasterly to a point in the East line of said Lot 5, which point is 40 feet North of the Southeast corner of said Lot 5; thence East to a point in the TJest line of Lot 8, Block 2, Edenmoor, which point is 40 feet Norch of the Southwest corner of said Lot 8; thence Northeasterly to a point in the East line of said Lot 8, which point is 90 feet South of tKe Northeast-corner of said Lot 8; thence South along the East line of said Lot 8 and its extension to the South line of Section 28, T. 117, R. 21; thence East.along said South line of Section 28 to the centerline of the Minneapolis, Northfield and Southern R.R.; thence Southwesterly to a point 255 feet Southwesterly of the intersection of - said centerline of M.N.& S. R.R.. and the North line of Westchester Knolls Addition; thence Northwesterly to a point which is 50 feet North of the South line and 70, feet East of the TJest lihe of Lot 1, Block 6, Westchester Knolls Addition; thence Westerly to a point in the West line of Lot 2, Block 1, Westchester Knolls Addition, which point is 35 feet North of the Southwest corner of said Lot 2;. thence West on a line parallel to and 35 feet North of the North line of Windsor Avenue to an intersection with the Northerly exten- sion of the Vest line of Lot 3, Block 7, Westchester Knolls Addition; thence South to the Southwest corner of said Lot 3; thence Southeasterly to a point I . South line of Lot 9, Block 7, Brookside- Heights, which point is 50 feet IJest I ' * . 6/1/70 in the cenfm%ine ~fthe.X.N.& S. R.R., which point is 125 _feet Southwesterly from the intersection of said centerline of M.N.& S. R.R. and the South line of Vestchester Knolls Addition; thence Southeasterly to the Easterly line of 'M,N.& S. R.R.; thence Southwesterly along the Easterly line of M.N.& S. R.R. to an intersection with the Northerly extension of the'East line of Lot 2, Block 5, Melody Knolls 3rd Addition; thence South to the Southeast corner of ga2d Lot 2; thence Southwesterly to a point in Lot 2, Block I, Melody Knolls 6th Addition, which point is 12 feet South of the North line and 60 feet East of the West line of said Lot 2; thence West, parallel to the North line of said Lot 2 and its extension to a point 35 'feet West of the Vest line of Dale Ave.; thence South to a point in the Northeline of Lot 6, Block 3, Melody Knolls 6th Addition, which point is 35 feet West of the West line of Daie ' Ave.; thence Southwesterly to a point in the West line of said Lot 6, which point is 20 feet South of the Northwest corner of .said Lot 6; thence Vest, parallel to the extended North line of said Lot 6, a distance of 60 feet; thence Southwesterly to a point in the North line of Lot 13, Block 3, lielody Knolls 6tb Addition, which point is 35 feet'East of the Northwest corner of said Lot 13; thence South to a point in the South line of said Lot 13; which point is 35 feet East of the Southwest corner ofxaid Lot 13; thence South- easterly to a point in the North line of Lot 11, Block 3, Melody Knolls 6th Addition, which point is 60 feet East of the Northwest corner of said Lot 11; thence South, parallel with the West line of said Lot 11, a distance of 40 feet; thence Southeasterly to the Southeast corner of said Lot 11; thence Southeasterly to a point in the South line of Lot 1, Block 1, Town's First Edina, which point is 70 feet Nest of the Southeast corner of said Lot 1, thence Southeasterly to a point in the South line of Lot 4, Block 1, Town's First Edina, which point is 35 feet Nest.of the Southeast corner of said Lot 4; thence Southeasterly to the Northeast corner of Lot 1, Block 3, Codes High- view Park; thence Southwesterly to a point in the South line of said'Lot 1, which point is 50 feet Nest .of the Southeast corner of said Lot 1; thence South, I parallel to the East line of Lot 2, Block 3, Codes Highview Park, to a point 25 feet North of the South line of said Lot 2;'thence East, parallel to the South line of said Lot 2, to the East line of said Lot 2; thence Southeasterly to a point in the West line of Lot 10, Block 2, Codes Highview Park, which point is 25 feet South of the Northwest corner of said Lot 10; thence South- easterly to a point 50 feet Nofth of the South line and 15 feet West of the East line of said Lot 10; thence Northeasterly to the Northeast corner of said Lot 10; thence East along the South line of Lot 2, Block 2, Codes Highview Park a distance of 35 feet; thence North to a point 50 feet North of the South line and 35 feet East of the West line of Lot,l, Block 2, Codes Highview Park; thence Northeasterly to the Northeast-corner of said Lot 1; thence East along the South line of Grove Street to a point 130 feet Nest of the East -line of Lot 24, Block 1, Codes Highview Park; thence Southeasterly to a point 50 feet South of the South line of Grove St. and 110 feet liest of the East line of said Lot 24; thence East to a point 50 feet South of the South' line of Grove St. and 55 feet West of the East line of said Lot 24; thence Northeasterly to a point in the South line of Grove Street, which point is 25 feet Vest of the Northeast corner of said Lot 24; thence East along the South line of Grove Street a distance of 55 feet; thence Southeasterly to a point which is 15 feet East of the Vest line and 40 feet South of the North line of Lot 3, Block 1, Code Avenue Addition; thence East to a point 40 feet South of the North line and 20 feet West of the East line of Lot 2, Block 1, Code Avenue Addition; thence Southeasterly to-a point: in the South line of Lot 1, Block 1, Code Avenue Addition,'which.point is 20 feet East of the Southwest corner of-said Lot.1; thence Southerly to a.point in the South line of Lot 5, Block 1, Code Avenue Addition, which point is 60 feet Nest of the Southeast corner of said Lot 5; thence South, parallel to the West line of Code Ave. to the North line of Lot 1, Block 1, Replat of Lot 6 and the South Half of Lot 5, Block 1, Codes Highview Park; thence West to the Northwest corner of said Lot 1; thence South along the Vest line of said Lot 1 and its extension to the centerline of Benton Avenue; thence East along said centerline to its fntersection with the South line'of Benton Ave. East of Tingdale Ave.; thence Southeasterly along the South line of Benton Ave. to a point 45 feet East of the Northwest corner of Lot 4, Donna Ridge Addition; thence South, parallel with the 'Nest line of Ha%d Lot 4, a distance of 60 feet; thence Southeasterly, parallel with the North line of said Lot-4, a distance of 50 . feet; thence Northeasterly to the Northwest corner of Lot 1, Block 1, Sagar Square; thence East along the North'line of said Lot 1 to a point 50 feet West of the'west line of Josephine Ave.; thence South, parallel to the W st line of Josephine Ave., to a point 50 feet South of the South line of sazd Lot- 1; thence East, parallel to the South line of said Lot 1 and its 'extension, to a point 55 feet East of the East line of Josephine Ave.; thence South, para1281 to the East line of Josephine Ave., to the North line of West 60th Street; thence Southwesterly to the Northeast corner of Lot 3, Clover Lane AdditgPn; thence South along the East line of said Lot 3 a distance of 50 feet; i . I I * I 6/1/70 SQ thence West, parallel to the South line of V. 60th Street to the West line of Lot 1, Clover Lane Addition; thence Southwesterly to the Southeast corner of Lot 2, Block 1, Clover Lane Addition, 3rd Unit, thence Southeasterly to a point 30 feet Best of the East line and 35 feet North of the South line of Lot 4, Block 1, Clover Lane Addition, 3rd Unit; thence Easterly and South- easterly, parallel to and 35 feet distant: from the North line of Clover Ridge, to the North line of Valley View Road; thence Southeasterly to the intersection of the South lirr? of Valley.View Road and the West line of State .Highway No, 100; thence Southwesterly to .a point .distant 110 feet Vest of the West- line of State Highway No. 100 and 615 feet North of the South line of Section 33, T. 1&7, R. 21; thence Southeasterly to a point on the West line of State Highway No. 190, which point is 520 feet North of the South line of said Section’33; thence South along the West line of State Highway No. 100 a distance of 55 feet; thence .Southwesterly to a point 70 feet South of the North line and.115 feet East of the West line of Lot 1, Block 1, Kesler Hilltop Addition; thence Southeasterly to the intersection of tk Southsline of said Lot 1 and the West line of State Highway NO. 100; thence Northeasterly to a point in the East line of State Highway No. 100, which point is 20 feet North of the Northwest corner of Lot 1, Block 1, Born Addition; thence East, parallel to the North line of said Lot 1, a distance of GO feet; thence North, parallel to the East line of State Highway NO. 100 to a point 5 feet South of the South line of Lot 4, Jonas Addition; thence Northwesterly to the Southwest corner of said Lot 4; thence North along the Vest line of said .Lot 4 a distance of 70 feet; thence Northeasterly to a point 180 feet North-of,the South line and 30 feet East of the West line of said Lot 4; thence Northwesterly to a point in the West line of said Lot 4, which point is 40 feet Soyth of the Northwest comer of said Lot 4; thence North to the Northwest comer of said Lot 4; thence Northerly along the proposed East right-of-way line of State Highway No. 100 to a point in the West line of Lot 4, Block 2, School Manor, which point is 40 feet South of the Northwest corner of said Lot 4; thence East, parallel to -the North line of said Lot 4, to a point 10 feet West of the East line of said Lot 4; thence Northeasterly to the Northeast comer of said Lot 4; thence Northeasterly to the Northwest corner of Lot 1, Block 1, School Manor; thence North on an extension of the East line of Ruth Drive a distance of 300 feet; thence Northwesterly to a point 700 feet North of the centerline of Vest 59th Street and 235 feet East of the proposed East right-of-way ‘lane of State Highway No. 100; thence West, parallel to the centerline of lJest 59th Street, to the proposed East right-kfy?y line of State Highway No. 100; thence North along the proposed East right-of-way line of State Highway No. 100 to a point 115 feetiSouth of the North line of Lot 3, Block 1, Golf Terrace Heights; thence Northeasterly to the Northeast comer of said Lot 3; thence Northwesterly to a point 230 feet North of the South line and 170 feet East of the West line of Sec. 18, T. 28, R. 24; thence Northwesterly to a point in the proposed East right-of-way line of State Highway. No. 100, which point is 255 feet North of the South line of said Section 18 as measured along said proposed East right-of-way line; thence Northerly along said proposed East right-of-way line a distance of 420 feet; thence Easterly to a point which is 685 feet North of the South line and 230 feet East of the West line of said Section 18; thence Northeasterly to a point which is 840 feet North of the South line and 320 feet East of the West line of said Sec, 18; thence Northeasterly to a point which is 1,380 feet North of the South line and 415 feet East2of the ‘West line of said Sec. 18; thence Northwesterly to a point in the East line of TJillson Road, which point is 1,450 feet North of the South line of said Sec. 18 as measured along the proposed East right-of-way line of State Highway No. 100 and the East line of TJillson Road; thence Northwesterly on the last described line to the centerline of Willson Road; thence Northerly along the centerline of proposed Willson Road and proposed Grange Road to’ the South line of West 50th Street; thence Northwesterly to the Southwest corner of the Northwest Quarter of Section 18, 8. 28, R. 24; thence Northwesterly . along the proposed East right-of-way line of State Highway No. 100na distance of 150 feet; thence Northeasterly -to a point on the Vest line of said Section 18, which point is 220 feet North of the Southwest corner of the Northwest Quarter of said Section 18; thence Northerly along the West line of said Section 18 and the proposed East right-of-way line of State Highway No. 100 to the South line of Lot 7, Block 3, Country Club District, Brown Section; thence East along the South line of said Lot 7 a distance of 100 feet; thence North to a point in the North line of Lot 3, Block 3, Countty Club District, Brown Section, which point is 40 feet West of the Northeast corner of said Lot 3; thence Easterly to the Northeast comer of Lot 1, Block 3, Country Club District, Srown Section; thence Easterly to a point in the Vest line of Lot 7, Block 1, Arden Park Third Addition, which point is 5 feet North of the Southwest comer of said Lot 7; thence Easterly, 5 feet North of and parallel to the South lines of Lot 7 and Lot 6, Block 1, Arden Park Third Addition to the East line of said Lot 6; thence South to‘the Southeast comer , I I : I of said Lot 6; thence Easterly along the South line of Lot 5, Block 1, Arden 6/1/70 ' Park Third Addition to the Southeast corner of-said Lot 5; thence Northwesterly to the Northwest corner of said Lot 5; thence Northwesterly to the Southeast corner of Lot 12, Block 7, Browndale; thence Northwesterly to a point in the West line of-said Lot 12, which point is 60 feet North of the Southwest corner of said Lot 12; thence South to the Southwest corner of said Lot 12; thence Southwesterly to the Northwest corner of Lot 2, Block 2, Arden Park Third Addition; thence Southwesterly to the Northeast corner of Lot 12, Auditors Subdivision No. 259 which is the point of beginning. FLORENCE B. HALLBERG Village Clerk Motion for adoption of the resolution was seconded by Councilman Courtney and. on rollcall there were four ayes and no nays and the resolution was adopted.. TREASURER'S REPORT AS OF APRIL 30, 1970.was presented by 3l.r. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Council- man Courtney and carried. CLAIMS PAID. General Fund, $39,724.54; Construction Fund, $75.67; Park, Park Construction, Swim; Golf, Arena, Park Sinking, $8,915.63; Water Fund, $388.81; Liquor Fund', $51,862.34; Sewer Fund, $2,007.37; Improvements, $3.84; Total,.$102,978,20. Councilman Shaw's motion was seconded by Councilman VanValkenburg . and carried for payment of the following claims; , 1 .- No further business appearing, Councilman VanValkenburg's motion for adjourn- ment was seconded by Councilman*Courtney and carried, Adjournment at 10:15. c I