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HomeMy WebLinkAbout19700706_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE WACLL ON YONDAY, JULY 6, 1970 Members answering rollcall were Councilmen Courtney, Johnson, Shaw, Van Valkenburg and Mayor Bredesen. MINUTES of June 15, 1970, were approved as submitted by motion of Councilman VanValkenburg, seconded by Councilman Courtney and carried. SPECIAL ASSESSMENT FOR BA-74APPROTED. Affidavits of notice were presented by the Deputy Village Clerk, approved as to form and ordered placed on file. Mr. Hyde reported this was continued from June 15, 1970, so a check could be made to see if the 1/3 side footage policy would apply and it did. assessment as proposed this year had overlooked this, so an adjustment is re- questioned for Lot 3, Block 1, and Lot 1, Block 2, Roosevelt Second Addition from an original assessment of $1,316 per lot to $438.98 per lot. going to waive the overcharge for interest. Councilman Johnson thereupon offered the following resolution and moved its adoption: He stated the Taxpayers are RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF BA-74 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota as follows : 1. assessment roll for the improvement hereinafter referred to , and at such hearing held on July 6, 1970, has considered all oral and written objections presented against the levy of such assessments. 2. Each of the assessments as set for'th in the assessment rolls on file in the office of the Village Clerk for the following improvement: BA-74 does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper as'sessments on account of said respective improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3, The assessments shall be payable in ten equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1971, to be payable with the general taxes for the year 1970. 4. The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. payable by a county, by a political subdivision or by the owner of any right of wgy, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treas- urer shall arrange for collection thereof in installments, as set forth in said sect ion. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were fiw ayes and no nays an The Village has given notice of hearing as required by law on the proposed The Clerk shall also mail notice of any special assessments which may be @< /dMM ' Deputy Village Clerk SPECIAL ASSESSMENT FOR WATERMA'IN 234 APPROVED. by Deputy Village Clerk, approved as to form and ordered placed on file, Mr. Hyde reported this is to serve three lots as follows: Lots 10, 11 and 12, Block 2, Valley View Heights Addition. and the proposed assessment is $752.27 per connection.Councilman Johnson thereupon offered the following resolution and moved its adoption; RESOLUTION APPROVING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF Affidavits of notice were presented He stated the total cost of the improvement was $2,256.81 WATERMAIN NO. 234 BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota as - - follows : 1. assessment roll for the improvement hereinafter referred to, and at such hearing held on July 6, 1970, has considered all oral and written objections presented against the levy of such assessments. The Village has given notice of hearing as required by law on the proposed 7/6/70 2. Each of the assessments as set forth in the assessment rolls on file in the office of the Village Clerk for the following improvement: No. 234 does not exceed the local benefits conferred by said improvement upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. The assessments shall be payable in tqn equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1971, to be payable with the general taxes for the year 1970. 4. The Village Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assess- ments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolu- tion. 5, The Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the Village Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilman VanValkenburg and on rollcall there were five ayes and no nay Watermain a d the resolution was adopted. &oh Mayor CURB AND GUTTER AND ASPHALT CONCRETE OVERLAY WITH SEAL COAT P-BA-168 CONTINUED. Mr. Hyde reported that this was continued from June 1, 1970, in order to allow some property owners to secure an engineering survey. He had received a report dated July 2, 1970, in which Mr. Edgar Pearson states that he viewed three blocks, held a brief discussion with Mr. Robert Dunn and three streets selected as being representative of this area. 4600 Block of Edina Boulevard, 4600 Block of Bruce Avenue and 4500 Block of Drexel. Mr. Pearson also stated in this letter that a visible inspection had been made of these streets. Mayor Bredesen commented on the streets selected in that Mr. Pearson should have looked at Sunnyside Road which is in very bad shape and he looked at Edina Boulevard which is probably in the best shape. Mayor Bredesen questioned Mr. Frank A. Thorpe, 4614 Edina Boulevard and asked how much time Mr. Pearson spent on inspecting these streets. ported about an hour and a half. Mr. Pearson and himself got out of the car to inspect the streets. Mayor Bredesen then stated he felt the report was absolutely meaningless. Councilman Courtney asked if these blocks were picked as representatives and Mr. Dunn reported these were picked in accordance with the Council request a month ago where it was indicated that the best procedure was for Mr. Thorpe to pick a block, for the Village to pick a block and for the Village and Mr. Thorpe to pick a block mutually. Mr. Dunn reported that Mr. Thorpe picked the 4600 block of Edina Boulevard, the Village chose Drexel from Sunnyside to Bridge and they mutually agreed upon Bruce Avenue from Bridge to Country Club. Mr. Thorpe stated he had a report prepared by the Village Engineers stating 92% of the curbs on the 4600 Block of Edina Boulevard needed replacement and he felt he had not chosen the best block. Mr. Hyde stated he felt the main reason for Mr. Pearson's comments were that the curbs are in need of replacement now and the Village's report is that the curbs are in need of replacement now and in a ye'ar or two but the work cannot be done this year so if you wish you can hold it over and re-estimate next spring and see how much of the curb goes out this winter. Mr. Thorpe pointed out that his objection to this project is the large amount of money being spent on a pro- ject and maybe there is something more important to do with the money today than to put it in curbs. Mayor Bredesen then informed Mr. Thorpe that this money would not be spent in any other.area for any other purpose. He also stated a couple of letters have been received, one from Richard E. Byrd saying, "My wife and I wish to support the recbnendation of the Engineering Department for curbing and gutter repair. We feel they have made a good recommendation. It appears financially equitable.", another one from Miss Mercedes Mackall who is also approving our interest in maintaining the area. asked if anyone had considered what effect this new curb and gutter might have The three streets included Mr. Thorpe re- Mr. Yarger spoke and ' 7/6/70 on the trees on Browndale. Mayor Bredesen stated he suggested consideration be given to taking one street and eliminating the curb and gutter all together, sloping the boulevard because he thinks the trees may create a problem in a few years by pushing the curb and gutter up again. Councilman Johnson ques- tioned if there would be any loss of these trees if the curb and gutter was put in. Mr. Dunn reported they do not anticipate any trees being removed by this project but they will be cutting into the roots and it is very difficult to know the effect it will have on the trees. Councilman Courtney suggested since we can't do anything this year, why not sit through the winter and see what happens and if there has been a great deal of difficulty after the winter is over a decision can be made then. Further discussion was held and Mr. Hyde suggested that the minimum amount that can be done is block by block and not lot by lot for this project. Councilman VanValkenburg asked what the waiting would do to the cost and Mr. Hyde reported it is hard to say. An unidentified lady stated she felt that investigation should be made to see what might happen to the trees and find out the minimum amount of damage that could be done to the trees. After further discussion Councilman VanValkenburg moved that this hearing be continued for six weeks to give the Engineering Department a chance to further check with nursery people both as to the effect on the trees and what the trees wil1,ultimately do to any new curb and gutter and secondly to make some determination as to which blocks or streets might be used as an experiment and then present a cost estimate and make a recom- mendation as to what actually should be done. Councilman Courtney seconded and motion carried. ORDINANCE NO. 261-206 CHILD CARE CENTER FIRST READING APPROVED. Affidavits of notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. Mr. Hoisington reported this is a request from Mr. Tim Adams, President of Better Child Care, Inc. to build a model day care center. The majority of the land is zoned R-3 as is most of the land to the north; the land to the south is zoned R-2. His request is for an amendment to the ordinance to include the day care center in the R-3 District and at the same time supply parking', one space for each employee in this center. Planning Commission and Staff recommend approval of this amendment. Mr. Hoisington stated this property is immediately west of the Cahill Shopping Center. Councilman Johnson requested a definition of a child care center and Mr. Hoisington stated it is a place where they are in business to take care of children during the day but the pro- blem is that these facilities are usually only in a R-1 District, and there are many people who are interested in going in on this on a private basis. man Johnson asked how big this would be and Mr. Hoisington stated it would meet the R-3 requirements except it has its own requirements for parking lot. Councilman Courtney asked whose jurisdiction this center would be under in so far as checking to see that they are doing their job property, that this kind of a center is licensed on a year to year basis by the State and has to conform to certain codes. center will be an experimental center and, therefore, the checking of this center would be far in excess of the usual day care center. how many children would this center take care of. Mr. Adams reported it would be licensed for 100 children and stated that the approximately number of children would be about 80-85 children on the premises and the age group would be approxi- mately 2% to 6 years old. Mr. Hyde asked if there would be any over-night care and Mr. Adams stated they do not invision this at this time. If this over-night care would be dealt with, it would come under the State jurisdiction. Councilman Johnson asked if a child care center was defined by the Minnesota Statutes and Mr. Adams said yes there are certain requirements like so many square feet per child, Mr..Dunn requested a deferentiation between a nursery school and a day care center. Mr. Adams reported. that a day care center will run approximately 10 hours a day where a nursery school is on a half day program. This center is primarily designed for the wqrking Mother reported Mr. Adams. Mr. Yarger questioned if Mr. Adams is acting as an individual or is he.an employee of a company all ready in the child care business. by Better Child Care, Inc. and this is their first operating center and will be experimental and they will try to prove out different practices and methods. Councilman Johnson asked how much they will charge and Mr. Adams reported they contemplate charging arourid $25 to $30 a week per child and there will also be certain tuitions available to lower income children and these children do not have to live in Edina. Ordinance No. 261-206 for First Reading as recommended by Planning Commission as follows: Council- Mr. Adams reportec' Mr. Adams also reported that this particular Mr. Hyde questioned Mr. Adams stated is is employed After further discussion Councilman Courtney offered ORDINANCE NO. 261-206 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ADDING CHILD CARE CENTERS TO THE LIST OF PERMITTED USES IN THE R-3 MULTIPLE RESIDENCE DISTRICT i 7/6/70 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Paragraph 2 of Section 4 (Multiple ResidewDistrict) of Ordinance 261 of the Village of Edina is hereby amended to read as follows: Section 1. Subparagraph (a) (Principal Uses, District R-3) of (a) Principal Uses District R-3 : (1) Residences containing not less than three nor more than (2) Child Day Care Centers District) of Ordinance 261 of the Village of Edina is hereby amended by adding the following subparagraph: twelve dwelling units Section 2. Paragraph 7 (Parking) of Section 4 (Multiple Residence I "In addition to the above requirements, Child Day Care Centers shall have one on-site parking space for each employee and teacher." Section 3. Section 11 (Definitions) of Ordinance 261 is hereby "Child Day Care Centers" - Any facility that regularly provides care for six or more children for all or part of a day including nursery schools and day nurseries. Section 4. This Ordinance shall be in full force and effect from amended by adding to the list of definitions, the following: ca and after its passage and publication according to law. RED OWL STORES, INC. ZONING REQUEST FROM R-1 RESIDENTIAL TO AUTOPDBILE PARKING DISTRICT CONTINUED. Deputy Village Clerk, approved as to form and ordered placed on file. Affidavits of notice were presented by Mayor Bredesen reported receiving a letter and petition and made the suggestion to find out if Red Owl is violating ordinances and has been thoughtless as the petition and letter indicate. not had an opportunity to contact the Police Department to*determine these charges. Mr. Hoisington then pointed out the-property in question is located on Xerxes just north of 68th Street and the request is for Automobile Parking District from R-1. both recommend its approval. Dean C. Craig, 6720 Xerxes Avenue reported that there are more private owners on the lots behind Red Owl than lots owned by Red Owl and Boutels. spoke and asked if there will be an exit and entrance to the parking lot on Xerxes Avenue and, if so, they will endanger the lives of many of the children in the area. He also stated that Red Owl has put up a fence but they do not take care of it. blem with the fence is that kids keep knocking it down and therefore, they received permission to take part of it down. Mr. Robert H. Offen- stein, 6716 Xerxes Avenue stated he was quite sure the Lots 1, 2, 3, 4, 5, 6, 7, are all privately owned and Lot 8 Red Owl owns and Dayton Development owns in the other block and it is not all owned by Red Owl and Boutels and there are many cars that drive into the Red Owl parking lot through the vacant lot. Mr. Donald F. Klobe, 6724 Xerxes Avenue wondered if in addition to the possible future exit if a fence was put in there how far from the property line would the fence be and would it be more permanent than the fence in there now. Mayor Bredesen stated he felt the fence would be on the property line and it would probably be the type of fence that would discourage children but probably not keep them out completely. Mayor Bredesen also asked if there was any intention of getting on to Xerxes Avenue from this area and Mr. Hoisington stated no and when the site plans are submitted the intent is to build the curbs and surface the whole area and,to keep the 20 foot buffer in between and, of course, screen in the 20 foot buffer with hopefully some- thing better than the last fence. Mr. Lowe.11 A. Turner, 6624 Xerxes Avenue asked if you can justify vacating Lot 8 will you also use the same justification'for vacating Lots 1, 2, 3 in the block north which Southdale still owns if they decided they needed additional parking . Mayor Bredesen commented that his frank opinion was that some day all the particular lots in question will be owned by commercial interests. Further discussion was held and Mayor Bredesen suggested to the Council that this matter be continued until the July 20, 1970, council meeting and in the meantime acquaint ourselves with the situation specifically and get some suggestion from the manager of Red Owl on how he is going tro correct compaints received. carried. Mr. Hyde stated he has Planning Commission and Staff Mr. Lionel McCarthy, 6745 Washburn Ave. . Mr. Hoinsington stated part of the pro- Councilman Courtney seconded and motion . ORDINANCE NO. 261-208 FIRST READING APPROVED. Affidavits of Notice were presented by Deputy Village Clerk, approved as to form and ordered ' placed on file. Mr. Hoisington noted the moratorium has been Iiftkd ahd this rezoning is Rauenhorst Corporation, Tract A, R.L.S. 1129 located on the north side of Parklawn about 600 feet west of France Avenue. The 7/6/70 h Roberts property is to the north and presently zoned R-1, R-4 zoning is to the south and R-3 zoning is to the West so the site in question now is totally surrounded or proposed to be surrounded by multiple type zoning R-3 and R-4, Harold Posnik representing himself and Expressways Properties in the rezoning of the property on Parklawn and he stated they are proposing an apartment building to be constructed on that site providing the rezoning is accomplished. He also informed the Council this is a three story building with elevators and underground parking. Mr. Hoisington stated this is the four acre site and recommends rezoning subject to the dedication of the 60 feet for roadway purposes along the east side of the property. Mr. JimNygaard of Expressway Properties spoke stating that originally Rauenhorst Corp. worked on this piece of property and they acquired it and when this was approved by the Planning Commission the arrangement made was that in return for the high zoning they would grant the Village a 60 foot strip on the east side of their property so that a future street could be built through the Robert's property connecting to the north down at Parklawn Avenue and they are most willing to do this and the project is planned with this in mind. Mr, Nygaard stated he would like to bring up for consideration the fact that the owners of the land next to them are also requesting rezoning from R-4 to R-1 and we are asking if you think it would be fair to consider them as possible donors for part of the street. of the property in any way and Mr. Nygaard said no. Mr. Nygaard then suggested that they give 40 feet and the other property owners give 20 feet. stated they on the property but use it for more green area. originally Rauenhorst Corp. was the one that negotiated and requested the rezoning and Rauenhorst negotiated with Roberts property owners to provide them access. Mr. Nygaard was then informed he was bound by his predecessors. Councilman Shaw the offered Ordinance No. 261-208 for First Reading as recommended by Planning Commission as follows: Councilman Johnson asked if this would affect the development He also would not use this additional 20 feet to gain any higher density Mr. Hoisington explained that ORDINANCE NO. 261-208 AN ORDINANCE AMENDING ORDINANCE NO. 261 CZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL R-4 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of 4, (Multiple Residence District)of Ordinance No. 261 of revised ordinance of the Village of Edina, as amended, is hereby further amended by adding the following subparagraph: District R-4 "(34) Tract A of Registered Land Survey No. 1129." Section 2. This Ordinance shall be in full force and effect from and Section after its passage and publication according to law. ORDINANCE NO. 261-209 LOT 1, BLOCK 1, HEDBERG PARKLAWN 1ST ADDITION FIRST READING APPROVED. approved as to form and ordered placed on file. Mr. Hoisington reported this property is immediately east of Tract A. R.L.S. 1129, consists of two acres, and they are requesting rezoning from R-1 to R-4. Councilman Johnson offered Ordinance No. 261-209 for First Reading as recommended by Planning Commission as follows: Affidavits of Notice were presented by Deputy Village Clerk After no further discussion . ORDINANCE NO. 261-209 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE OF THE VILLAGE OF EDINA) ESTABLISHING ADDITIONAL R-4 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 ordinances of the Village of Edina, as amended, is hereby further amended by adding the following subparagraph: District R-4 "(35) Lot 1, Block 1, Hedberg Parklawn First Addition." Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. ORDINANCE NO. 261-205, PEMTON, INC. SECOND READING CONTINUED. Mr, Hoisington stated that final approval was hoped for tonight but because of soil problems the concept has had to change and he requests rescheduling hearing for July 20, 1970, council meeting. Planning Commission is hold a special meeting on this July 15, 1970, so people can see the change beforehand. Councilman Courtney moved continuation of the Second Reading until July 20, 1970, Councilman Johnson seconded and motion carried. 7/6/70 IROQUOIS HILLS 5TH ADDITION PRELIMINARY APPROVED. Affidavits of Notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. Mr. Hoisington stated the property in question is a piece left over after the highway department taking for the interchange at Valley View and County Road 39. plus an outlot with the three lots facing out on Valley View and the outlot being adjacent to the outlot already in existance which is also owned by the same people. All requirements have been met with and the Planning Com- mission and Staff recommend approval. Mr. Gary Marsden, 7024 Sally Lane asked when Valley View will be severed from 18. was not quite sure but the County is involved in the acquisition of the interchange. dar but he did not know when. Mr. Robert G. Schreiber, 6816 Sally Lane reported just as an identity that several people on Sally Lane have been complaining on the culvert drainage condition across Valley View and they would like to see one culvert rather than two separate ones. No further comments were heard whereupon Councilman Courtney offered the following resolution and moved its adoption: Mr. Hoisington reported the proposal is a three lot plat Mr. Hoisington stated he Mr. Dunn reported that they had moved this up on the calen- RESOLUTION APPROVING PRELIMINARY PLAT OF IROQUOIS HILLS 5TH ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Iroquois Hills 5th Addition";platted by Kermit H. Poppler and Mildred A. Poppler, husband and wife, and Allan GI. Garrison and Helen M. Garrison, husband and wife, and presented at the Meeting of the Village Council of July 6, 1970, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman VanValken- burg and on rollcall there were five ayes and no nays and the resolution was adopted. HAROLD WRGROVE 1ST ADDITION PRELIMINARY PLAT APPROVED. Affidavits of Notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. north of 70th Street and west of Antrim. It is a two lot plat and the request is to plat off a lot 100x240 feet. Staff recommend approval. resolution and moved its adoption: Mr. Hoisington stated this plat is at the corner The Planning Commission and Councilman VanValkenburg offered the following RESOLUTION APPROVING PRELIMINARY PLAT OF . HAROLD HARGROVE 1ST ADDITION BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled llHarold Hargrove 1st Addition", platted by Harold B. Hargrove and Jane V. Hargrove, husband and wife, and presented at the Meeting of the Village Council of July 6, 1970, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Counciiman Johnson and on rollcall there were five ayes and no nays and the resolution was adopted. OVERHOLT HILLS GEORGLk 2ND ADDITION PRELIMINARY PLAT APPROVED. of Notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. Trail on the west side. Planning Commission and Staff recommend approval. offered the following resolution and moved its adoption: Affidavits Mr. Hoishgton stated this is located on Dakota This is a two lot plat on a very very steep hill. Councilman Courtney then RESOLUTION APPROVING PRELIMINARY PLAT OF 94 .bQ, OVERHOLT HILLS GEORGIA 2ND ADDITION 3.d -$& BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Overholt Hills Georgia 2nd Addition", platted by Juliet H. Overholt, and presented at the Meeting of the Village Council of July 6, 1970, be and is hereby granted preliminary approval. 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. MITZEL REPLAY OF LOT 23, WARDEN ACRES PRELIMINARY PLAT APPROVAL 'GRANTED. Affidavits of Notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. on Grove Street and Mr. Mitzel would like to cut off a portion of the lot in the back and build another house on it. Mr. Hoisington reported this lot is located Mr. Hoisington stated the only I 7/61 70 143 concern is that the house have access and, therefore, are requesting necessary easements for roadway purposes, does not want the responsibility for maintaining this easement and there must be some kind of an agreement whereby the owners of the newly created lot maintains this easement until such time as the road is actually built. Planning Commission and Staff recommend approval whereupon Councilman VanValkenburg offered the following resolution and moved its adoption: He also reported the Village RESOLUTION APPROVING PRELIMINARY PLAT OF MITZEL REPLAT OF LOT 23, WARDEN ACRES BEJCT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Mitzel Replat of Lot 23, Warden Acres," platted by Christian Mitzel and Florence I. Mitzel, husband and wife, and presented at the Meeting of the Village Council of July 6, 1970, be and is hereby granted preliminary approval. 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 , PROPOSED RLS OF TRACT A & C OF RLS NO. 7 PRELIMINARY PLAT APPROVAL GRANTED. Affidavits of Notice were presented by Deputy Village Clerk, approved as to form and ordered placed on file. Mr. Hoisington stated what they are platting is Tract A of a new RLS which brings together three old tracts of an old RLS and they are doing this because of the ease in property descrip- tion no more than that. Planning Commission and Staff recommend approval. Councilman Johnson then offered the following resolution and moved its adopt ion : .. RESOLUTION APPROVING PRELIMINARY PLAT OF PROPOSED RLS OF TRACT A & C OF RLS NO; 7 BE IT RESOLVED BY the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Proposed RLS of Tract A & C of RLS No. 7", platted by Eden-100 Company, a copartnership, John D. Madsen, Gordon Madsen, Z. E. Sussman, Donald Erickson and H. Richard Reed, and presented at the Meeting of the Village Council of July 6, 1970, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman VahValkenburg and on rollcall there were five ayes and no nays and the resolution was adopted. LOTS 1 & 2, BLOCK 1, COUNTRYSIDE LOT DIVISION CONTINUED. Mr. Hoisington stated his request for continuation until July 20, 1970. Councilman Van- Valkenburg moved to postpone the lot division until the July 20, 1970, Council Meeting and Councilman Johnson seconded and motion carried. BID: ATJARDED FOR STREET IMPROVEMENT BA-153. Hr. Hyde reported that five bids below the estimate were received for BA-153 as follows: J. A. Danens & Son; Inc. $177,498.75; Metro Contracting; Inc., $182,219.30; Matt Bullock Con- tracting Co., Inc., $197,531.50; M. G. Astleford Co., Inc., $202,607.95; and Shafer Contracting Company, Inc., $259,471.25. Mr. Hyde recommended bid to be awarded to lowest bidder whereupon Councilman Courtney moved award of bid to lowest bidder, J. A. Danens & Son, Inc., $177,498.75. Council- man Johnson seconded and motion carried. ROBERT B. NORRIS REQUEST FOR SCHAEFER ROAD RESURFACING CONTINUED. Mr. Hyde reported that when the sewer and water was put in on Schaefer Road the abutting property owners were very unhappy about the possibility of street surfacing and the only way this resurfacing will be done is if the Council initiates a hearing. ,Mr. Dunn suggested that this project be set for .the 1971 program. He also reported that Mr. Norris and others that want the surfacing do not live on Schaefer Road. include the surfacing of Schaefer Road between Interlachen Boulevard and Nestwood Court in the 1971 program. carried. Councilman Courtney then moved to Councilman Johnson seconded and motion HOLDING POND OUTLOT A, SIOUX TRAIL 4TH ADDITION TABLED UNTIL LAW SUIT DETERMINED. Mr. Hyde reported this was considered at one time by the Park Department when the property first came up as a stormisewer retention area and he suggests that it be referred back to '?ztre Park Department. Councilman Johnson asked "if this area of the holding pond and area around is privately owned. Mr. Dunn reported Outlot A and Outlot B are both owned by Mr. Ruzic. He also stated the Village is in the process of acquiring this property. Robert Schreiber, 6816 Sally Lane requested information on the status of the Mr. 1441 7/6/70 court action. still waiting to be tried in court. informed the Council and Mr. Schreiber that it may be a year from now before it gets to court. Councilman Johnson moved and Councilman Courtney seconded that the Council take another look at this petition request at such time as the law suit is determined. Motion carried. Mayor Bredesen informed him that there is nothing new and is Acting Village Attorney Mr. Whitlock 100% PETITIONS REFERRED TO ENGINEERING DEPARTMBNT. Mr. Dunn reported that curb and gutter on northside of 5801 Bernard Place; replacement of curb and gutter - 4352 Oakdale Avenue South and Sanitary Sewer to serve 5708-12 Ewing Avenue were 100% petitions and therefore no improvement hearings or estimates are needed. Councilman Courtney moved to refer these petitions to the Engineering Department for processing. and motion carried. (See Resolution Ordering Improvements later in minutes) Councilman Johnson seconded HEARING DATES SET FOR REZONINGS, LOT DIVISION AND SUBDIVISIONS. Mr. Eoisington requested that hearing dates be set on July 20,1930, for the following: rezoning - Johnson Bros. - R-1 Residential District to R-4 Multiple Residential District - N.W. corner Crosstown Highway and Gleason Road; Oscar Roberts Plan from R-1 to R-2, R-3, R-4 and 01; Subdivision - Bel Mar Builders, Inc., Section 7, Township 116, Range 21; Lot Division - Cardarelle & ASSOC., Kesler's Hilltop Addition. Councilman VanValkenburg moved and Councilman Johnson seconded hearing date be set on July 20, 1970, for rezonings, lot division and subdivision. Motion carried. TRACT F, R.L.S. 1129 LOT DIVISION APPROVED, Mr. Hoisington reported this is the division of the south 188 feet of Tract F, R.L.S. 1129. Planning Commission and Staff recommend approval. following resolution and moved its adoption: Councilman VanValkenburg offered the RESOLUTION IJHEREAS, the following described property is at present a single tract of land: Tract F, R.L.S. 1129; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "ParcelslI) described as follows : South 188 feet of Tract F, R.L.S. 1129, and North 58.22 Feet of Tract F, R.L.S. 1129; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations.of the Village of Edina will create an unnecessary hard- ship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 261 and 263-A; NOW, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 261 and Ordinance No. 263-A are hereby waived to allow said division and conveyancethereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for.the adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. NATIONAL FOOD STORES PARKING RAMP AGREEMENT CONTINUED. Matter was pre- sented and no action was taken. PARKING RAMP OPENING JULY 19, 1970. Mayor Bredesen invited everyone to the Grand Opening of the new Parking Ramp in Edina at 12 o'clock on July 10, 1970. 4:OO to 6:OO p.m.". contacted and further action will be taken to get these signs posted. Councilman Shaw asked if there will be signs posted for "No Parking Mr. Hyde stated that the City of Minneapolis has been APPLICATION FOR STATE AND FEDERAL FUNDS FOR HISTORICAL PARK DEVELOPMENT APPROVED. the State Historical Society and two members of the 1ocalHistorical Society. He states there are Federal Funds available and suggested to continue investigating the possibility as no firm costs are available. also requested that Mr. Foster Dunwiddie be retained at a nominal fee to work on some information which would show what our costs would be. This application must be made on or before October 15 and statements have been submitted on the Cahill School and the Grange Hall Buildings for placing on the National Register for Historical Sites. Councilman Courtney moved to keep on investigating to obtain further costs and figures for application for the funds. Councilman VanValkenburg seconded and motion carried. Mr. Hyde reported a meeting was held with a representative from Mr. Hyde i I 1 7/6/70 14.3: PLAN APPROVAL AND CONSTRUCTION AGREEMENT FOR VERNON AVENUE CONTINUED. Mr. Dunn reported the State has some money av'ailable to Hennepin County to work on Vernon Avenue and there is a request for approval of plans and specificafions and authorization for the Mayor and Manager to enter into a construction agreement. The approximate total construction costs - is $872,000; the Village is being requested to contribute less than $42,000 and this is for curb and gutter, 44 foot wide top for everything from Interlachen to Cleason. moved to continue to July 20, 1970, and notice be given to appropriate per- sons by notice in the Edina Sun. Councilman VanValkenburg seconded and motion carried. Further discussion was held and Councilman Courtney FEASIBILITY REPORT-SANITARY SEWER AND WATERMAIN FOR HALLA PROPERTY HEARING DATE SET. Mr. Dunn suggested the hearing date be set for July 20, 1970. Councilman Shaw offered the following resolution and moved its adoption: SANITARY SEWER SS-292 AND WATERMAIN WM-258 1. report as to the feasibility of the proposed Sanitary Sewer and Watermain described in 'the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Monday, July 20, 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 notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which pub- lication is to be not less than three days from the date of said meeting, and to mail notice to allraffected properties in substantially the follow- ing form: RESOLUTION PROVIDING FOR PUBLIC HEARING ON The Village Engineer, having submitted to the Council a preliminary (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING ON SANITARY SEWER IMPROVEMENT NO. P-SS-292 AND WATERMAIN IMPROVEMENT NO. P-WM-258 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, - -- July 20, 1970, at 7:OO 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: ESTIMATED COST 1. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-SS-292 $ 84,561.15 East Frontage Road of Highway 100 from Lakeview Drive to Willson Road, Willson Road from Highway 100 to 572' North 2. CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: A. IMPROVEMENT NO. P-WM-258 $ 60,899.61 East Frontage Road of Highway 100 Willson Road from East Frontage Road Grange Road from Willson Road to West from Lakeview Drive to Willson Road to Grange Road 50th Street The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-292) under 1-A above includes R.L.S. 390; Tracts A and E, R.L.S. 1021; Parcel 2200, Sec. 18, T. 28, R. 24. The area proposed to be assessed for the cost of the proposed Watermain (Improvement No. P-WM-258) under 2-A above includes Tracts A, E, C and D, R.L.S. 390; Tracts A and B, R.L.S. 1021; Part of Tract A, R.L.S. 212; Tracts B and Cy R.L.S. 212; Lots 10 and 11, Block 5, Craiks First Addition. Tracts A, E, C and D, Florence E. Hallberg Village Clerk 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. .. 7/6/70 I RECONSIDERATION BY HIGEITIAY DEPT. ON T.H. 100 GRADE-EDINA HIGH SCHOOL REQUESTED. Mr. Hoisington stated that the school officers were concerned about the grade in frontlbf the Senior High School and requests that the State Highway Dept. take another look at the grade. following resolution and moved its adoption: RESOLUTION WHEREAS, the State of Ninnesota, Department of Highways proposes to make certain improvements on Trunk Highway 100 located in the Village of Edina in Hennepin County, from Nillson Road to County Highway 62, and; WHEREAS, such improvements do not include a depression of the grade in front of the Edina Senior High School even though the Highway will be substantially closer to the School facility, and; IJHEREAS, the Edina Village Council and the Edina School Board are jointly concerned about the problems of noise and high traffic volumes in clbse proximity to the High School; NOW, THEREFORE, BE IT RESOLVED that the Village of Edina requests recon- sideration by the State of Minnesota, Department of Highways of the pro- posed grade on that stretch of Highway 100 lying adjacent to the Edina Senior High School, and further let it be recorded that the Village favors a depression of the roadway at this location. Motion for adoption of the resolution was secori on rollcall there were five ayes and no nays Councilman Courtney thereupon offered the ORDINANCE NO. I13;A ADOPTED AT SECOND READING. Mr. Hyde presented the Burning Ordinance No. 113-A. Councilman Courtney offered the following Ordinance No. 113-A for Second Reading and moved its adoption; ORDINANCE NO. 113A AN ORDINANCE PROVIDING FOR REGULATIONS AND CONTROL OF AIR POLLUTION, ADOPTING BY REFERENCE REGULATIONS OF THE MINNESOTA POLLUTION CONTROL AGENCY, AND IMPOSING A PEULTY FOR VIOLATION THEREOF THE VILLAGE COUNCIL OF THE VILUGE OF EDINA, ORDAINS: Section 1. Minnesota Pollution Control Agency Regulations. There are hereby adopted and put into effect throughout the Village as the regulations governing the prevention, abgtement and controlling of air pollution, those certain regulations of the Minnesota Pollution Control Agency, Minn. Reg. APC 1-15 inclusive, effective July 7, 1969, as amended by Amendment to Air Pollution Control Regulation 1 effective June 3, 1970, and as amended by Amendments to Air Pollution Control Regulations 2, 3, and 8 inclusive, effective June 5, 1970, (hereinafter referred to as the MPCA Air Pollution Control Regulations.) Section 2. MPCA Air Pollution Control Regulations on File. of the MPCA Air Pollution Control Regulations marked "Official Copy" shall be filed in the office of the Village Clerk prior to publication of this ordinance, and shall remain on file in said office for use and examination by the public. dards at cost to any person upon request. Section 3, Definitions. Three copies The Clerk shall furnish copies of said regulations or stan- (a) Wherever the word "agency" or "Minnesota Pollution Control Agency" is used in the regulations, it shall be held to mean the Village of Edina. (b) Wherever the word "director'? is used in the regulations, it shall be held to mean the Director of Public Safety or his authorized agent. Section 4. Penalty. or any regulation or standard referred to herein, or any order made pursuant thereto, shall be guilty of a misdemeanor and subject to a fine not to exceed $300,-br by imprisonment for a period not to exceed 90 days, or both. Each day's violation after notice thereof shall constitute a separate offense . Section 5. Repealer. Ordinance No. 113 as amended and Ordinance No. 118A as pertains to the Fire Prevention Code of the American Insurance Assoc- iation (Edition 1965) Art. 28, Section 18-1, are hereby repealed. Any person violating any provision of this ordinance, Section 6. Separability. Should any section, paragraph, sentence or word of this ordinance or of any regulation or standard referred to herein or the application thereof in any circumstance be declared invalid for any reason 7/6/70 by a court of competent jurisdiction, such decision shall not affect the validtfyof the ordinance, regulation or standard as a whole or any part thereof other than the part so declared to be invalid, nor affect the application or validity thereof in any other circumstance. Section 7. This ordinance shall be in full force and effect upon the adoption and publication thereof. Motion for adoption of the ordinance was seconded by Councilman VanValkenburg and on rollcall there were five ayes and adopted . and the ordinance was ATTES% Deputy Village Clerk ORDINANCE NO. 57-1 ADOPTED AT SECOND READING. Mr. Hyde presented Ordinance No. 57-1. Councilman VanValkenburg offered the following Ordinance No, 57-1 for Second Reading and moved it adoption: ORDINANCE NO. 57-1 AN ORDINANCE AMENDING ORDINANCE NO. 57 AS TO PAYMENT OF FEES FOR RESTORATION AND REPAIR OF STREET SURFACES DAMAGED AS THE RESULT OF EXCAVATIONS, SAFETY REGULATIONS AND TEMPORARY BITUMINOUS SURFACING PATCHES, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA ORDAINS: amended to read as follows: shall pay a fee of $5.00 to the Village Treasurer for each location covered by the permit. of of longitudinal excavation shall be deemed a location. and restoration, as follows: Section 1. Section 4 of Ordinance No. 57 of the Village is hereby "Section 4. Fees for Permits. Before a permit is issued, the applicant . Each transverse excavation and each 100 feet or portion there- The applicant shall also pay a fee on demand for street surface repair (a) Graveled or oiled surface $10.00 (b) Asphalt concrete or bituminous surface $30.00 (c) Portland cement concrete surface $40.00 (d) Heavy duty asphaltic cement . $50.00 All fees are based on a hole size of 2 feet x 4 feet, will be charged proportionately." ordinance is hereby amended to read as follows: work interferes with the normal use of the construction area, provisions will be made to close the construction area to traffic or to afford it restricted use of the area. Hennepin County Highway Department traffic safety signing requirements will be complied with." amended to read as fOlh7S: identified by barricades, flags, and if required, by flagmen in the daytime, and by blinkers at night." Section 4. Section 10, subsection (b) (1) of said ordinance is hereby amended to read as follows: "(1) The Contractor will promptly thereafter place a temporary bitum- inous surfacing patch; and after stabilization is assured (approximately 60 days) the Village will accomplish permanent resurfacing with Portland Cement Concrete, Asphalt Concrete, etc., as appropriate". Section 5. passage and publication. Motion for adoption of the Ordinance was seconded muncilman Courtney and Larger pavement cuts Section 2. Section 10, subsection (a) (1) Section 27 (f), of said "Section 27 (f) Traffic Provisions: In all cases where construction Section 3. Section 10, subsection (a) (2) of said ordinance is hereby "(2) Excavations and work operations shall be properly protected and This, ordinance shall be in full force and effect upon its on rollcall there were five ayes and no nays a .. ,, 7/6/70 ORDINANCE NO. 197 PARKING RAMP-ADOPTED; SECOND READING WAIVED. Mr. Hyde reported this ordinance stiuplates the premises and the number of stickers for each in accordance with the proposed assessment schedule. allots for 188 parking spaces out of 200 that allot for employee parking. Councilman Courtney thereupon offered Ordinance No. 197 for First Reading with waiver of Second Reading and moved its adoption: This schedule ORDINANCE NO. 197 AN ORDINANCE REGULATING THE USE OF THE MUNICIPAL PARKING RAMP , AND PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA, ORDAINS: Section 1, Hours of Parking in Ramp Limited. No person shall park any vehicle in the municipal ramp located at the intersection of 50th Street and France Avenue for a period of more than two hours; provided however, that parking for a longer period is.permitted in the case of vehicles iden- tified by a sticker issued by the Village. The stickers shall be issued to persons regularly employed upon the premises which were specially assessed to pay the cost of constructing the ramp. The number of employees at each of such premises who shall receive stickers shall be as follows: Name of Business The Sheridans Pizza Papa Peterson Appliance Peacock Bra Bar Edina Hardware Country Club Beauty Shoppe Gim Loong Chow Mein Nelson Dry Goods Edina Shoe Service Gregg's Pharmacy Marty's Barber Shop Dr. C. M. Vallen National Tea - Vision Center Dr. A. Larson Petty House Carole's Twin City Federal 50th Street West Bath & Boutique Edina Theater Storm Inc. Norm Cleaners Rose Music Edina Beauty Salon Korst Jewelry Christian Science Reading Edina Card Shop L 'Unique St. Charles Kitchens Jack Carter's 1-2-3 (Pappagallo) Red Barn Lucille Smith Edina State Bank D. G. Perry & Co. 0. D. Hauschild, Inc. Offices Walgreen Offices Red Barn (Tenants) Address of Premises 4924 France Avenue So. 4930 France Avenue So. 4936 France Avenue So. 4942 France Avenue So. 4944 France Avenue So. 4946 France Avenue So. 4948 France Avenue So. 4950 France Avenue So. 4952 France Avenue So. 4954 France Avenue So. 3904 - 50th Street 3902 - 50th Street 3945 - 50th Street 3939 - 50th Street 3939 - 50th Street 3933 - 50th Street 3929 - 50th Street 3925 - 50th Street 3917 - 50th Street 3915 - 50th Street 3913 - 50th Street 3909 - 50th Street 3909 - 50th Street 3905 - 50th Street 3903 - 50th Street 3901 - 50th Street 5002 France Avenue So. 5004 France Avenue So. 5006 France Avenue So. 5010 France Avenue So. 5012 France Avenue So. 5014 France Avenue So. 5020 France Avenue So. 5030 France Avenue So. 5036 France Avenue So. 5010 France Avenue So. 5050 France Avenue So. 5050 France Avenue So. 5050 France Avenue So. No. of Stickers 1 None 3 None 1 4 2 2 2 4 3 None. 8 4 3 2 2 12 13 3 2 None 5 4 3 1 2 3 2 5 1 8 6 18 3 None 3 ,4 1 118 9 - Upon issuance of each sticker by the Department of Public Safety, the recipient shall pay a fee of $1 and furnish a description of the make, year, body style and color of the vehicle to which it is to be fastened. Stickers shall be numbered consecutively. shall keep a record of the number of the sticker and the description of the vehicle. Stickers shall be fastened to the left rear window of the vehicle and shall be visible at all times when the vehicle is parked in the ramp. When the vehicle is sold or traded and another vehicle is acquired, the Village shall upon application for a new sticker accompanied by the $1 fee and a description of the new vehicle issue such sticker and show the old sticker as having been cancelled. 9 Total number of stickers should have been 140. The Department of Public Safety See Correction in Minutes of August 17, 1970. 7/6/70 149, Section 2. Penalty. Any violation of this ordinance shall be a r misdemeanor, which shall be punishable by imprisonment in the Village or county jail for not more than three months or 90 days, whichever is the lesser, or by a fine of not more than $300. immediately upon its passage and publication. Motion for adoption of the Ordinance was seconded by Councilman VanValkenburg and on rollcall there were five ayes and no adopted, Section 3. This ordinance shall be in full force and effect AUTOMOBILE LICENSE ACCOUNT SET UP. Mr. Hyde stated that the Village needs to set up a separate bank account for the Automobile Licenses. Councilman Courtney moved and Councilman VanValkenburg seconded that a separate bank account be set up for the Automobile licenses being sold at the Edina Village Hall. Motion carried. REQUEST FOR PURCHASE OF RADAR SPEED ANALYZER APPROVED. this item will cost about $1350 and the State is going to pay for half of the cost. analyzer. Mr. Dalen reported Councilman Courtney then moved to purchase the radar speed Councilman Johnson seconded and motion carried. BOARD OF REVIEW-MEETING DATE SET. the Board of Review meeting date has been set for July 14, 1970, at 5:OO p.m. at the Edina Village Hall. being continued. Mr. Hyde also noted that notices will be sent out to all who returned the coupon sent out by the AssessEng Mayor Bredesen informed the Council that Also there is a possibility of this meeting Department in May. RESOLUTION FOR 100% PETITIONS ADOPTED. 1. signed by all owners of the abutting property: - RESOLUTION FOR IMPROVEMENTS UPON 100% PETITIONS The Engineer reported that the following petitions had been received 1. 5801 Bernard Place 2. 4352 Oakdale Avenue 3. 5708-12 Ewing Avenue Said petitions also requested the Council to assess the entire cost 2. against the property of such owners. the following resolution and moved its adoption: Councilman Courtney thereupon offered RESOLUTION ORDERING B-79, B-80, SS-293 UPON PETITION THEREFOR BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows: 1. requesting the Council to construct the following improvements: It is hereby found and determined that petitions have been filed 1. Curb & Gutter - 5801 Bernard Place 2. Replace Curb & Gutter - 4352 Oakdale Avenue 3. Sanitary Sewer - 5708-12 Ewing Avenue and to assess the entire cost against the property of petitioners and that said petitions have been signed by all owners of real property abutting on said streets where said improvements are to be located. 2. Said improvements are hereby designated and shall be referred to in all subsequen.t proceedings as: No. 1 Above B-79 No. 2 Above B-80 No. 3 Above SS-293 and the entire costs of said improvements are hereby ordered to be assessed against the abutting properties where said improvements are to be located. Motion for adoption of the resolution was and on rollcall there were five ayes and no nay adopted. ATTEST : ,A 0- / beputy Village Clerk AVAILABILITY OF REFUSE COLLECTION SERVICE DETERMINED ADEQUATE. Mr. Hyde 15 0 7/6/70 reported in order to satisfy the P.C.A., the Council is requested to pass a resolution confirming that we do have adequate refuse.collection. He also stated that the major haulers have recently increased their rates. mdved its adoption: RESOLUTION WHEREAS, pursuant to the Amendment to Air Pollution Control Regulations, Chapter 8, the Village of Edina must determine if adequate refuse collection service is available and notify the Minnesota Pollution Control Agency thereof, and; WHEREAS, upon review of the several private refuse collection com- panies licensed by the Village of Edina and their capacity to provide refuse collection service for the Village of Edina; NOW, THEREFORE, BE IT RESOLVED by the Village Council, Edina, Minnesota, has determined that adequate refuse collection service is available in the Village of Edina as determined by the requirements of Minnesota Pollution Control Agency Regulation SW 3. Motion for adoption of the resolution Valkenburg and on rollcall there were five resolution was adopted. Councilman Johnson then offered the following resolution and ATTEST : Deputy Village C1 FIRST EDINA NATIONAL BANK-BOND IN LIEU OF PLEDGE APPROVED. Courtney offered the following resolution and moved its adoption: Councilman RESOLUTION APPROVING CORPORATE BOND *.. ' (FIRST EDINAdNATIONAb-BANK) BE IT RESOLVED that the Yillage Council.of 'tbe.Village of Edina, Minn- esota, approve the assignment by its depository, the First Edina National Bank of Edina, Minnesota, of a corporate surety bond,as good and suffi- cient collateral for the Village of Edina Public Funds deposited in said depository. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no adopted. s and the resolution was & && 0 ATTE T: Mayor /O&@B* Deputy Village Clerk ERNST & ERNST 1969 ANNUAL REPORT DISTRIBUTED TO COUNCIL. reported that the Council had been given a copy of the Annual Report €or 1969 from Ernst & Ernst for their examinatioh, No ,fGrther. action was taken. - Mr. Hyde CLAIMS PAID. Councilman'Courney's motion was seconded by Councilman Shaw and carried for payment of the following claims as per Pre-List dated July 6, 1970: General Fund, $56,928.21; Construction, $4,669.58; Park, Park Construction, Arena, Swimming Pool, Golf, $34,547.03; Water, $4,994.44; Liquor, $27,103.08; Sewer, $5,092.95; Poor and P.I.R., $92.97; Total $133,428.26. No further business appearing, Councilman Johnson's motion for ad- journment was seconded by Councilman Shaw and carried. Adjournment at 9:20 p.m. ' Deputy Village Clerk