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Home My WebLink About1978-10-16_COUNCIL MEETINGROLLCALL MINUTES of August 21 UNITED NATIONS PROCLAMATION I. PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presenta- tion by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should be waived. Lot Divisions, Plats, Flood Plain Permits, Appeals from Administrative or Board of Appeals and Adjustments Decisions and Plan Amendments.require action by Resolution. 3/5 favorable rollcall vote to pass. A. Kerr Companies - R -1 Single Family Residential District to 0 -1 Office District - Located at 4917 Eden Ave. 1. First Reading - Z -78 -8 (PC- 8/2/78 (Continued from 10/2/78) B. Frank Kreiser Real Estate Company — Appeal of Board of Appeals & Adjust- ments Decision for 29 car parking variance (BAA- 8/24/78) - Part of Lot 49 Auditor's Subdivision 172 (5036 France Ave. S.) (Continued from 10/2/78) C. Oasis Petro Energy Corporation - Amendment to Planned Commercial District - Located at 3500 W. 69th St. (Tract H, R.L.S. 629) - Review of Gas Station Plan (Continued from 10 /2/78) 1. Final Development Plan Amendment II.` PUBLIC HEARING ON GENERAL REVENUE SHARING BUDGET Affidavits of Notice by Clerk. Presentation by City Manager:. Action of.Council by Resolution. 3/5 favorable rollcall vote to pass. III. SPECIAL CONCERNS OF RESIDENTS IV. AWARD OF BIDS A. Grader Repair B. .Trees for Nursery Stock City Council Agenda October 16, 1978_: Page,._Two V. RECOMMENDATIONS AND REPORTS A ... Ms. Barbara-Hughes - Metro Clean. Air Committee B. _',.Traffic Safety Committee Minutes of October 10, 1978 C. Town Taxi - Rate Increase D. Supplemental Assessment of Street Improvement BA- 211. - Set.Hearing Date E-.'- On- Sale Beer License - Rain Restaurant (Southdale Center) F. Morningside Rubbish Removal G. Notice of Claim - Margo Schumeister H. Special Concerns of Mayor and Council I` Post Agenda and Manager's Miscellaneous Items VI. COMMUNICATIONS VII. ORDINANCES ;,First Reading requires offering of Ordinance only. 3/5 favorable rollcall vote to pass Second Reading. 4/5 favorable rollcall vote to pass if Second Reading should be waived. A. First Reading 1. Ordinance No. 1353 - Regulating Physical Culture, Health Services and Clubs, Reducing salons, Massage and Sauna Parlors, and Escort Services 2. Ordinance No. 1065 - Prohibiting Prostitution 3. Ordinance No. 1066 - Prohibiting Participating in a Disorderly.House VIII. RESOLUTIONS A. Release of Utility Easement for Braemar.Hills 9th and.10th Additions (Continued ' €rom 10/2/78) B. Farmers & Mechanics.Bank - Easement:Agreement C. Acquisition..of Tax Forfeited.Lands - Outlots'l. and 2, Payton Court Second' Addition, except Highway D. Appointment of Planning Area Citizen Advisory Committee-Member FINANCE A.' Land Purchases - Bond Issue B. Claims Paid: Motion of , seconded by , for pay- ment of the following claims as per Pre -List: General Fund, $172,294.09; Park Fund, $89176.99; Art Center, $4,128.,21; Park Construction, $15,058.00; Swimming.Pool, $583.58; Golf Course, $7,447.34; Recreation Center, $3,378.03; Gun Range ,_.$235.11,,`Water Fund_, $21,046.48;.Sewer Fund, $97;288.73; Liquor Fund, $140,079.17; Construction Fund, $130,501.78; IBR Fund,.$358,446.00; Total, $958,663.62 C. Purchase<_of,Bond Rating .- Moody's, Standard.& Poor (Revised) AGENDA EDINA CITY COUNCIL REGULAR MEETING OCTOBER 16, 1978 7:00 A.M. ROLLCALL l MINUTES of August 21.�c, -` UNITED NATIONS PROCLAMATION I. PUBLIC HEARINGS ON PLANNING MATTERS Affidavits of Notice by Clerk. Presenta- tion by Planning Department. Spectators heard. First Reading of Zoning Ordinance requires offering of Ordinance only. 4/5 favorable rollcall vote to pass Second Reading or if Second Reading should.be waived. Lot Divisions, Plats, Flood Plain Permits, Appeals from.Administrative or Board of Appeals and Adjustments Decisions and Plan Amendments require action by Resolution. 3/5 favorable rollcall vote to pass... A. Kerr Companies - R -1 Single Family Residential Distr ct to 0 -1 Office r �-�-- District - Located at 4917 Eden Ave. - t 4 b /i. J 1. First Reading - Z -78 -8 (PC- 8/2/78 (Continued from 10/2/78)!'�'� C �l B. Frank.Kreiser Real Estate Company - Appeal of Board of Appeals & Adjust - C�;,w�:(e_ �u/��g ments Decision for 29 car parking variance (BAA- 8/24/78) - Part of Lot 49L�� Auditor's Subdivision 172 (5036 France Ave. S.) (Continued from 10 /2/78) C. Oasis Petro Energy Corporation - Amendment Planned Commercial District Located at'3500 W. 69th St. (Tract H,_ R:L.S.-629) .Review of Gas Station Plan (Continued from 10/2/78) 1. Final Development Plan Amendment 0 IL II. PUBLIC HEARING ON GENERAL REVENUE.SHARING BUDGET Affidavits.of Notice by Clerk. Presentation by City Manager. Action of Council by Resolution. 3/5 favorable rollcall vote to pass. III. SPECIAL CONCERNS Or RESIDENTS IV. AWARD OF BIDS A. Grader Repair �- IS / B. Trees for .Nursery Stock U City.Council Agenda October 16, 1978 Page Two V. RECOMMENDATIONS;AND REPORTS A. Ms. Barbara Hughes - Metro Clean. Air Committee B. ` Traffic Safety Committee Rate.Increase Mi2r5et of October 10, 1978 C. Town. Taxi - t BA -211 - Set Hearing Date D. Supplemental Assessment of Improvemen��6 E. On -Sale Beer License - Rain Rest4toant .(Southdale Center)... KQ nc i I -`F. Morningside Rubbish Removal Q-�c9" /�- ��.M►..-e Nom' G. Notice of Claim - Margo Schumeister H Concerns of Mayor and Council I. Post Agenda and Manager's Miscellaneous Items VI. COMMUNICATIONS VII. ORDINANCES First Reading requires offering of Ordinance only. 3/5 favorable. rol'lcall vote to pass Second Reading. 4/5 favorable rollcall vote to pass if Second.- Reading should_be waived. A. First Reading Ordinance No. 1353 - Regulating Physical.Culture, Health Services and Clubs, Reducing salons, Massage and Sauna Parlors,' and Escort Services J 2. Ordinance No. 1065 - Prohibiting Prostitution o C 3. Ordinance No. 1066 - Prohibiting Participating in a Disorderly House VIII. RESOLUTIONS A. Release of Utility-Ease ment B� ema�6Hills 9th and 10th Additions (Continued from 10/2/78) �. .� B. Farmers & Mechanics Bank - Easement Agreement. C C. Acquisition of Tax Forfeited Lands.- Outlots l and 2, Payton Court Second Addition, except Highway Cr D. Appointment of Planning Area Citizen Advisory Committee Member 14 r FINANCE - A. Land Purchases - Bond Issue for B. Claims Paid: Motion of , seconded by pay- B. of the following claims as per Pre -List: General Fund, $172,294.09; Park Fund, $89176.99; Art Center, $4,128.21; Park Construction, $15,058.00; Swimming Pool, $583.58; Golf Course, $7,447.34; Recreation Center, $3,378.03; Gun Range, $235.11, Water Fund, $.21,046.48; Sewer Fund; $97,288.73; Liquor Fund, $140,079.17; Construction Fund, $130,501.78; IBR Fund, - $358,446.00; Total, $958,663.62 C. Purchase of Bond Rating - Moody's, Standard & Poor AN ORDINANCE PROHIBITING PARTICIPATING IN A DISORDERLY HOUSE; AND IMPOSING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section.l. Acts Prohibited. No person shall own, lease, operate, maintain, reside in, visit or entice or attempt to entice another to reside in or visit, any building, or place with knowledge that unlawful sexual intercourse, prostitution, lewd, lascivious or .indecent acts, gambling, or the unlawful sale of intoxicating.liquor or non - intoxicating malt liquor or that the unlawful use, sale or keeping for sale of any controlled substance as defined in Minnesota Statutes Section 152.01, subdivision 4 occurs therein. Evidence of the general reputation of such a building or place as one where any of the foregoing occurs shall be prima facie evidence of such knowledge. Section 2. Penalty. Any person violating this ordinance shall be guilty of a misdemeanor. Section 3. This ordinance shall be in full force and effect immediately upon its passage and publication. ATTEST: City Clerk Mayor r. 11 [New]. or laws sub. vntG �• }' r.efcr i to 11651. r. PROHIBITED DRUGS § 152.01 152.01 Definitions [See mnix volume fry,• test of subdY. 1 and 2] Subd. 3. Administer. "Administer" means to deliver by, or pursuant to the lawful order of a practitioner a single close of a controlled substance to a patient or research subject by injection, inhalation, Ingestion, or by any other Immediate means. Subd. 4. Controlled substance. "Controlled substance" means a drug, still- stance, or immediate precursor in Schedules I through V of Minnesota Statutes, Section 152.02. The term span not include distilled spirits, wine, malt beverages, Intoxicating liquors or tobacco. Subd. 5. Repealed by Laws 1971, c. 937, § 22, eff. June S, 1971. [See main volume for teat of subdx. G and 71 Subd. 8. Dispense. "Dispense" means to deliver one or more doses of a controlled substance in a suitable container, properly labeled, for subsequent administration to, or use by a patient or research subject. Subd. 9. Marijuana. "Marijuana" means all parts of the plant Cannabis sativa L., including all agronomical varieties, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin, but shall not include the mature stalks of such plant, fiber from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Subd. 10. Narcotic drug. "Narcotic drub" means any of the following, whether produced directly or Indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis: (1) Opium, coca leaves, and opiates; (2) A. compound, manufacture, salt, derivative, or preparation of opium, coca leaves, or opiates; (3) A substance, and any compound, manufacture, salt, derivative, or preparation thereof, which Is chemically identical with any of the substances referred to in clauses (1) and (2), except that the words "narcotic drug" as used In this chapter shall not include decocainized coca leaves or extracts of coca leaves, which extracts do not contain cocaine or ecgorine. Subd. 11. Opiate. "Opiate" means any dangerous substance having nit addiction forming or addiction sustaining liability similar to morphine or being capable of conversion Into a drug having such addiction forming or addiction sustaining liability. Subd. 12. Opium poppy. "Opium poppy" means the plant of the species Papaver somniferum L., except the seeds thereof. Subd. 13. P ^rson. "Person" includes every individual, copartnership, cor- poration or association of one or more individuals. Subd. 14. Poppy straw. "Poppy straw" means all parts, except the seeds, Of the opium poppy, after mowing. Subd. 15. Immediate precursor. "Immediate precursor" means a substance which the state board of pharmacy has found to be and by regulation desig- nates as being the principal compound commonly used or produced for list,, ntld which is all immediate chemical intermediary used or likely to be used in the manufacture of a controlled substance, the control of which is necessary to prevent, curtail, or limit such manufacture. Subd. 16. Small amount. "Small amount" as applied to marijuana means 1.5 ounces avoirdupois or less. This provision sball not apply to the resinous form of marijuaua. Subd. 17. Appropriate state agency. "Appropriate agency" means either the bureau of criminal apprehension, the state board of pharmacy, state high - 175 •i� f' ,•a § 152.01 PROHIBITED DRUGS way patrol, county sheriffs and their dc,utic.., or municipalities containing 2,000 or more inhabitants. ity police departments in Amended by Laws 1971, C. 937, §§ 1 to 11, cff. June 8, 1971 ; Lnivs 1971, Ex, cfP. Nov. ]2, 1971 ; Laws ]977, Ex.Sess., C. 48, § 17; Laws 1973 C. 093, § 1, 1971 Amendments - Laws 1971, c. 937, added subds, 3, and 4, and 1. c. . thruugh 16. Both Laws 1971• Ex.Sess g 1, and Laws 1971, Ex. Sess. „ c. 38, , c. 48, g 16, added the word "avolydupols" as de- scriptive of the wolght In subd. 16. Laws 1971, Jx.St'99., c. 48, 1} 52, pro- vides: "Except as otherwlse provided in this net the provlslons Of this act are in effect upon final enactmenta Laws the Ex.Sess" c. 48, was approved by �1973oAm ndment. November 12, 1971. tlon of "appropriate agency .. defini- Law Review Commentaries polic LSD and the Law: A framework for y making,• Stephen D. Ford, 1970, 54 &I,nmr aw &view 775. Narcotics, a problem for Bfinneapolls? Alan F.. Segal, May 1971, 39 H ennepin Lawyer 4. Our dead drug laws. James P. Cullen November- December 1973, 42 Hennepin Lawyer 20. Snpplementary Index to Notes Validity %Z %z• Validity The narcotics statute does not violate constitutional provision Prohibiting laws embracing more than one subject. State v- Dick, 1977, 253 SNAV.2d 277. I. Evidence Where evidence In Prosecution for Possession of narcotics was obtained as result f telephone of one tof d( tap fendants, and a-iretap was authorized by warrants Issued on application ally by assistant county attorney, and not by county at- torney himself or attorney general, wiretap was illegal and evidence thus obtained n•as ordered suppressed. State V* F}lnk, 1973, 296 Minn. 57, 206 N.'%V, 2d 66.1. 152.02 Schedules of controlled substances; adminlstratiolt of chapter Subdivision 1. There are established five schedules of controlled substances, to be known as Schedules I, II, III, IV, rind V, consist of the substances listed in this section by S whatever official s tname, initially mon or usual name, chemical name, or trade ray ie designated. Subd. 2, The following items are listed in Schedule I: (1) Any of the following substances includin salts. and salt, of isomers, esters, o-tntl ethc;Lg their isomers, esters, ethers, n- henever the existence of such isomers, esters, ethers ndi"Its is Possible within the specific chernical designation: Possible Alphacetylmethadol; Alphameprodine; AlpharnethadolhatBenzet lildine�d�ge_ tacetylmethadol; Betame rodine; Dea�romoramida '� Betamethadol; Eetaprodine; Clonitazene; menoxadol; Dextrorphan: Diatnprorr.ide; Diethyliambutcne; Di- Dimepheptanol; Dimethyli:lmbutene, Dioxaphety] butyrate; Dipip.none, Ethylmethylthian : butene; Etonitaze. e; Etoxcridine; Furethi- dine; Ilydroxypethidine; Ketobemidone; I.evomo';; E ; Phan; "•Torpheridine: \oracymethado? i \ormora h de; Ler ormella di er; dine; paaoae; Phenadoxone: Phenampromide; 1'henonlorph,,l I'Ilenoperi- dine: Pjritramide; Proheptazine; dine. Properidine; Racemoram]de; Triuteperi- (2) Any of the following opium derivatives m , their salts, isomers and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers :tad salts of ]comers is possible %%-!thin the specific chemical designa- tion: Acetorpl ;ire; Acetyldihydrocodeitie; Acetylcodone; Benzylmocpltine; Codeine methrlbromide; Dihydromorphine' Codeine N- Qxidc; Ctprenorphine; Desomorphine; AfethTlh Etorphine; Hcroirt; Hydromorphinol; Methyldesorphine; ydro ride; ne; Jlorphine niethylbromide; Morphi n e methyl,ulfonate; AIorpi?ine1- Oxide; Myrophine; Nicocodeine; \icomorphiue; \ormorph?ne; Pholcodine; Thebacon, (3) Any material, compound, mixture or preparation which contains any qutintity of the following hallucinogenic substances, their salts, Isomers and salts of ]comers, unless specifically excepted, wherever the existence of such salts, isomers, anti deli a silts of isomers is possible %vitbia the specific chemical tionc 3, 4 in silts amphetamine; -1-broYno2Z-dimethoxyam- phet -meth 2.edioxyth,,lip, Phet;lrnlDe; 4- methoxynmphetnu,ine; 5- n,etho- 3. 3- meihyleuediox3 amPhcc :urine; 13ufotenire; Diet 11 Di_ methyltryptumine; 3, 4, 5- trimethoxy un,phetnmir,e' i -mt U,yn -Pl •dirne; i- N- eth l,3-pi e; Ibogniae; Lysergienelddiethylnmide; marijuana; NIescaline; I� ethyl3- pip2ridyl benzllnte; 1-methyl3- plperidpl bcuz]l:tte; �.• I'silocyn; TctrahydrOcann,tbinols 1- 11- (_'_thjenyl) (cyclohex ) I stlocybin ; 176 s )j piperidine, ._.�.. •'• .. . -. .. . �i..... r. ti...:,. �r.. i. ad-• iusi:: n�... el... �. s4. isi..::. �. �i�i: i..-..- ......�1..:.,•i... :�ir.ti_ : =u._: i�_.�i.-�. — � "4•+a::c•_. :Ltii�a:��i::c.::_,.: - "4...4 4�. I�r.E r 11 • § 152.02 PROHIBITED DRUCS ••partincuts in (4) Peyote, providing the luting of peyote as it controlled substance in schedule I does not apply to the uondrug n�f• of peyote in bop", fide rcligimis aws 1971, Ex, ceremonies of the Native Americana Church, :uul nrcrnlrcrs of the Native Amer - : Laws 1973, lean Church are exempt from rvgistration. Any person who ill, nctures Peyote for or distributes peyote to tit• Native American Church, however, is required to obtain federal regktration annually and to Comply with all other x to Notes req,rirements of law. (5) Unless specifically excepted or unless listed in auotlivr schedule, ally material compound, mixture, or preparation which contains nny quantity of oes not violate the following substances halving it depressant effect on the central nervonv rohibiting laws system, includin.- its salts, isomers, and stilts of isomers- whenever the ex- one subject. N'.zd 277. istence of such salts, isomers, and salts of isomers is possible within the spe- Cific chemical desig nation; ,osecution for Mecloqualone ' is obtained as )ered in wire- Subd. 3. The following items are listed lit Schedule 1I: of defendants. d by warrants (1) Unless specifically excepted or unless listed in another schedule, any of uy assistant the following substances whether produced directly or Indirectly by extraction ro' county at- from substances of vegetable origin or independently by means of chemical rney general, cvidence thus synthesis, or by a combination of extraction and chemical synthesis: -ressed. State 57. 206 K.Nv. (a) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate, including the following: raw opium, opium extracts, opium fluidextracts, powdered opium, granulated opium, tincture of opium, apomor- hapter phine, codeine, ethylmorphine, hydrocodone, hydromorphone, metopon, mor- d substances, phine, oxycodone, oxyrnorphone, thebaine. ;ball initially (b) Any salt, compound, derivative, or preparation thereof which is cltemi- ! name, cons -, cally equivalent or identical with any of the substances referred to in clause (a), except that these substances shall not include the isaltrinolinc alkaloids Of opium. =rcrs, ethers, (c) Opium poppy and poppy straw. '. excepted, L,; possible (d) Coca leaves and any salt, compound, derivative, or preparation of coca 0.0prodine; leaves, and any salt, compound, derivative, or preparation thereof which is hidine; Be- chemically equivalent or identical with any of these snhst: aces, except that include decocainized coca leaves or extraction of coca taonitazene; the substances shall not irtene; Di- leaves, which extractions do not contain cocaine or ec;,onine. 1 butyrate; (2) Any of the following opiates, including their isomer,, esters, ethers, salts, v: Furethi- and salts of isomers, esters and ethers, unle . specifically excepted. or unless heliacylinor- listed in another schedule, whenever the existence of such isomers, esters, 'methadone; ethers and salts is possible within the specific chemical designation: A1- 1'hcnoperi- phaprodine; Anileridine• Bezitramide; Dihydrocodeirac• Dihydromor- �Fentanyl; Trimeperi- phinoue; Diphenoxylate; Isomethadone: I.evomethor-phan; Lev - orphanol; Metazocine; Methadone; 'tletliidone- Intermediate, 4- cyano -2- ? and salts dimethylamino -4, 4- diphenylbutane; Moramide- intermediate, 2- methyl -3- ' such salts, morpholino -1, 1- Biphenyl - propane- carboxylic acid; Pethidine; 1'etlridine- Inter- c-al designa- mediate -A, 4- eyano-l- methyl- f- phenylpiperidine; Pethidine- Intermediate-B. hnorphine- ethyl4- phenylpiperidine- 4- carbosylate; Pethidine- Intermediate -C, 1- methyl-1- .•lnorphine; phenylpiperidine -4 -carboxylic acid; 11henazoeine; Piminodine; Racemethor- Ov-sorphine; phan; Racemorphan. ;l <ulfonate; (3) Unless specifically excepted or unless listed in another schedule, any rmorphine; material, compound, mixture, or preparation which contains any quantity of the following substances having it stimulant effect on the central nervous sys- -ntains any tem: <onaers and (a) lirnphetamine, its salts, optical isomer., and salts of its Optical isomers; nee of such it• chemical (b) Methanaphetamine, its salts, isomers, and salts of its isomers; netlioxyam- (c) Phenmetrazine and its salts; o-Illethoxy- (d) 'Methylphenidate. :.line; Di- (•4) Llnless specifically excepted or tulles; listed in another schedule, any uta- �'i :nethoxy- terial, compound, mixture, or preparation which contains any quantity of the �imethox ; following substances having a depressant effect oat the central nervous sys- I's!locyb!n; 11 �dln -12 177 idille. 1977 P.P. 2977 4�. I�r.E r 11 .'' �- ... _.twin_ -.. ---- ��. a: R*; �1..... x; o. :hstA•..._'.:.�:'Je.:w.�a..::: :y. ±•..:.:_ .. ... .::�5: -�••s . \�:.. c:......t:•da-::c6 P I52.02 PROIiIBITED DRUGS ten), Including its salts, isomers, and saltz of ioinei, whenever the existence of such salts, isomers, and stilt. of lsomea:5 is possible within the specific chemical designation; ?:. (a) Methaqualone (b) Amobarbital -* (c) Sembarbital (d) Pentobarbital. Sutxl, 4, The following items are listed in Schedule I I[: " -' (1) Any material, compound, mixture, or preparation which contains ally quantity of Amphetamine, its .salts, optical isomer, and salts of its optical - :: isomers; Phanmetrazine and its salts; %lethaniphetaanine, its salts, isana•r,, ' ' and salts of isomers; 'MethPyphenidate; and which is required by federal law to be labeled with the symbol prescribed by 21 Code of Feder :al itrl;ulaa- tions Section 1302.03 and in effect ova February 1, 197G designating that the -'. drug is listed as a Schedule III controlled substaice under federal lain. (2) Any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associate I with a depressant effect on the central nervous systean: (a) Any compound, mixture, or preparation containing amobarbital, seco- barbital, pentobarblwl or any salt thereof and one or more other active _ medicinal ingredients which are not listed in any schedule. (b) Any suppository dosage form containing anobarbit :al, secobau•bital, ])onto- barbital, or any salt of any of these drugs and approved by the food and drug admi.nIstration for marketing only as a suppository. (c) Any substance which contains any quantity of a derivative of barbituric acid, or any salt of a derivative of barbituric acid, except those subst :laces which are specifically listed in other schedules: Chlorhexadol ; Glutethimide, _ Lysergic acid; Lysergic acid analde; MethyP:•yIon; Phencyclidine; Sulfondie- =_� thylmetbane: Snlfonetbylmethane; Sulfonmethane. - -_- (3) Any material, co:ripound, mixture, or preparation which contains any quantity of tae following substances having a potential for abuse associated with a stimulant of -feet on the central nervous system: (a) Benzphetamine (b) Chlo.—Ihentermine (c) Clortermine (d) Mazi.ndoi (e) Paendimetrazine, _ (4) Nalorphine. (5) Any material, con }ou::d, mixture, or preparation containing limited qu an- tides of any of the follow- ing, narcotic drugs, or any salts thereof: (a) Not more than 1.80 grams of codeine per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquino. line alkaloid of opium. (b) \ot more tbzz 1.50 grams of codeine per 100 milliliters or not more than 90 millig,ams per dosage unit, with one or more active, non- narco`le ingredients in reco uized therapeartie amounts. (c) Not more than 300 ujlligr=s of dihydrocodelnone per 100 milliliters or not more than 15 milligrams per dosage wait, with a fourfold or greater quanti- ty of an isoqulaoline alkaloid of opium. (d) Not more than 300 milligrams of dihydrocodeinone per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more :active, non -nar- cotic ingredients in recognized therapeutic amounts, (e) Not more than 1.S0 gram. of dlhydrocodeine per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more nctive, lion- narcotic ingredients in recognized therapeutic amounts, 178 (t) Not more th:, more than 153 nail: cotic Ingredients !r. (g) -Not more th grams, or not iuo active, non- narcoti ('') Not more 0; grams with one o, peutic amounts. Subd. 5. The b betaine; Chloral azepam ; Diethyll: zepam; Dlebutain. tion with the foll, jugated estrogens, nitrate, 20 mg; Petricbloral; Pile Subd. 6. The ; mixture, or prep of narcotic draw. medicinal ingredif mixture or prepa sessed by the narc (1) Not more 6, per 100 grams. (2) Not more tl per 100 grams. (3) Not more tl micrograms of atr (4) Not more tl: or per 100 grams. Subd. 7. Tl)e additional subst:i abuse potential in (1) The board finds that the su cepted medical ur use under medical (2) The board finds that the su! ruedical use in t' severe restriction.. cal dependence. (3) The board c finds that the sui listed in Schedul in the United St: dependence or hilt; . (4) The board finds that the s substances in Sel the United State> or psychological (1) The board finds that the su stances listed in I the United St:at, dependence lialaili . • �•: �' �r' r��s; r- v!; �i; t?1= 4"° �' 9"; �: �r�i?'.'w»�c►�g?'Eti?�Pr?zc>nr —,��. �, ?, .. %J., :t•. - �" > :. ^;� - :_i: �.ti`. �s.�; :_1_ - L� :..` ,'.��J�PI!4 :,:FR,�.;�)i�.k -t'.. Z.3.:fjii� ;Cj-'.y+.FYf%„ 9 f .i ;, r _- '`. .. S `X 1. k; r '. %h a r - - „- i 16. PROHIBITED DRUGS § 152.02 ::istcncc (f) Not more than 300 milligrams of ethylmorpnine per 100 milliliters or not �I'•c•cific more than 1:> milligrams per dosage )alit, with one or more active, nou -nar- cotic ingredients in recognized therapeutic amoulits. (g) Not more than 500 milligrams of opinin pc•r 100 milliliters or per 100 grams, or not more than 25 milligrams per dos ;i_ -v Unit, with One Or more active, non-narcotic ingredients in recognized therp.,•eutic amounts. (a) Not more than 50 milligrams of morphine per 100 milliliteln or per 100 grams with one or more active, uon•narcotic ingredients In recognized thera- peutic amounts. J11,; ally Subd. 5. The following items are listed in Sc•heduhv IV: Barbital ; Chloral optical betaiue; Chloral hydrate; Chlordiazepoxide; Clonazcpnni; Clorarepate; Di- azepam; Diethylpropion; Ethchlorrynol; Ethinamate; Fenfluramine; Flura- federa zepaln; Mebutamate; Methohexital; lleprobamate except when in combina- tion with the following drugs in the following or lower concentrations; con - that the jugated estrogens, 0.4 mg; tridihexethyl chloride, 25 mg; pentaerythritol tetra- nitrate, 20 mg; Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline; ills any Petrichloral; Phenobarbital; and Phentermine. ociated Subd. G. The following items are listed in Schedule V: any compound, mixture, or preparation containing any of the following limited quantities seco of narcotic drugs, which shall include one or more iron- narcotic active activc medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those pos- I. pellto- sessed by the narcotic drug alone; fll drag (1) \ot mot•e than 100 milligtams of dihydrocodeine per 100 milliliters or per 100 grams. rhituric (2) Not more than 100 milligrams of ethy]mo. ;•hine per 100 milliliters or � Lances per 100 grams. hi�lide; (3) Not more than 2.5 milligrams of diptlenoxylate and not less than 25 '•`':adie micrograms of atropine sulfate per dosage unit. (4) Not more than 15 milligrams of anhydrous *_-morphine per 100 milliliters ally or per 100 gralLs. i.ltcd Subd. 7. The board of pharmacy is authorized to regulate and define additional substances which contain quantities of a substance possessing abuse 1witential in accordance with the followin.- criteria: (1) The boated of pharmacy shall place a substance in Schedule I if it finds that the substance has: A high potenti:l for abuse, no currently ao- cepted medical use in the United States, and a lack of accepted safety for use under medical supervision. (2) The board of pharmacy shall place a substance in Schedule II if it finds that the substance has: A high potential for abuse, currently accepted )smarm medical use in the United States, or currently accepted medical use with severe restrictions, and that abuse may lead to s -evere psychological or physi- rc than cal dependence. 'alamino- (3) The board of pharmacy shall place a substance In Schedule III if it finds that the substance has: A potential for abuse less than the substances than listed in Schedules I and II, currently accepted medical use in treatment '•dieuts in the United States, and that abuse may lead to moderate or low physical dependence or high psychological dependence. (4) The board of pharmacy- shall place a substance in Schedule IV if it tvrs or quanti- finds that the substance has: A low potential for abuse relative to the substances in Schedule 11I, currently accepted medical use in treatment in the United States, and that abuse may lead to united physical dependence h•rs or or psychological dependence relative to the substances in Schedule III. ,:i•nar- (5) The board of pharmacy shall place a substance in Schedule V if it finds that the substance has: A low potential for abuse relative to the sub - ,,r not stances listed in Schedule 1V, currently- accepted medical use in treatment in r:otic the United States, and limited physical dependence and /or psychological dependence liability relative to the substances listed in Schedule IV. 179 ;, r _- '`. .. S `X 1. k; r '. %h a r - - „- i 16. § 152,02 PROHIBITED DRUGS 80d. S. The state board of pharmacy may, by regulation, add substances to or delete or reschedule substances listed in this section. The state board Of Pharmacy, shat after consulting with the advisory council on controlled sub- stances, shalt annually, or► or before dla} 1 of each Of the placement of controlled substances in the varioYear, conduct us schedules. a review In making a determination regarding a substance, the board of Pharmacy th::ll consider the following: The actual or relative notential for abuse, the scientific evidence of Its pharmacological effect, if known, the state Of current scientific knowledge regardi current pattern of abuse, the ng the substance, Lf1e history and sco risk to Public health, the pe' du►•ation, and significance of abuse, the Physiological dependence liability, and Of tile the sul► to ce swan immediate Precursor of a Psychic or board so substance already controlled under this section. The state Pharmacy may include any non- narcotic drug authorized by federal law for medicinal use in a schedule only if such drug must, under either federal or state law or regulation, be sold only on prescription. Subd. 9. The state board of Pharmacy may by regulaion except any com- pound, mixture, or Preparation containing ally stimulant or depressant sub- stance listed in subdivision 4, clauses (1) and (?) or in subdivisions 5 and 6 from the application of all or ally part of Laws 1971, Chapter 937, if the compound, mixture, or preparation contains one or more active medicinal in- gredients not having a stimulant or dePressant effect on the central nervous system: Provided, that such admixtures shall be Included therein in such combinations, q►►antity. Proportion, or concer►tr•ation as to vitiate the potential for abuse of the substances which do have a stimulant or depressant Potent on the central nervous system. Subd. 10. Dextromethorphan shall not schedule by reason of the enactUe cleeu►ed to be included in any ment of Laws 1971, Chapter 937, unless con- trolled pursuant to the foregoing provisions of this section. Sum i1. The state board of Pharmacy shall appoint nn advisory council OIL controlled substantp s consisting of not more than 13 members, jvl►o shall serve vw,thout compensation, to advise it in the administration of this chapter. Commencing July 1, 1973, six members shall be appointed for a one year term and seven members shall be apl;►ted for ;1 tv;o year term. Thereafter, members ,hal -' be ? ^pointed for ttivo }car terms. Four of the members of the council shall be physicians as designated by the state board of medical exam- - iners. One of the members of the council shall be a pharmacologist, one of the members of the council shall be a Pharmacist, and the remainder shall be from among the follovrin_: represeatatives of drug treatment r law enforcement officers, judges, secs, education, and students. counseling cilities, former dru;; abu- chairman from among their membe►eship members former the council shall seiect a cIl when deemed appropriate, and shall call meet; call of LUe�co >ti� 1. vhl;cl�ne, quested to do so by. any four members of the council. Subd. 12. If an; substance Is designated, rescheduled, or deleted as a con- trolled substance under federal law and notice thereof is give board of pha_*macy, the state board of pharmacy shall to the state Si si give v control the substance under Laws 1973, Chapter 693 after the expiration of 30 days from Publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting. a substance Such order shall be filed pursuwt to section 15.0113. state board of pharmacy objects to inclusion, reschedulingtorOdeTetion, it(shall the publish the reasons for objection and afford all interested parties ar► oPl,or- tunity to be heard. At the conclusion of the hearing the state Uoard of phar- macy snail publish its decision, which Shall be subject to the provisions of . iu- nesota Statutes 1971, Chapter 1:,. In exercising the authority gran board of pharmac ted by Laws 1971, Chapter 937, the state Y shall be subject to the provisions of \linnesota Statutes 1969, Chapter 15. The state board of pharmacy shall provide copies to wy Proposed rule under Lays ]971, Chapter 937, to the advisory co ►;►;nil on con - 180 ubstances :tte board 'lied sub - a review tlla rmacy or abuse, lie state 'ury and . ')Ilse, the )-chic or tmediate he state federal r either ny corn- int sub- ; 5 and if the inal in- =- lervous n such dential feet oft in any - con- •(rt! P. cl1 shall apter. year after, )f the �sam- ne of Ili be dies, - abu- `ct it :ottn- a re• con - t.^. to the rom ! as -der the !ail 1Jr- a r- in- Accomplices and accessories 2 Evidence 1 Instructions 3 Validity %Z %:. Validity The narcotics statutes does not io- late constitutional provision prohiblting v laws embracing more than ore subject. State v. Dick, 1977, 253 N.W.2d 277. 1. Evidence Rvldenca ,}11st?fied jury's conclusion that the substance sold by defendant to undercover policeman was marijuana. State v. Dick, 1977, 253 N.-,V.2d 277. Contention that part of statement made by defendant charged with dis- tributing marijuana should have been e- clude-d as ter-din - to show prior crimi- nal activity was :waived where defend- ant did no: Property raise the Issue be- low nor object to Its admisslbility. Id. 'Where evidence in prosecution for possession of narcotics was obtained as g ero!n. State v. Swyningan, 1975, 301 Minn. 352, 229 NAV.2d 29. In os-cot for tion ofrherointon•itness! whoftestifiedtfor the State w-as not an accomplice of de- fendant, and defendant could therefore Yrated testimony. since the witness r sibm- ply recely >r heroin from defendant and since sub�uer.t incident in which the k'itness a-d another "shot up" heroin skimmed from the heroin purchased from defe -.'ant n•as a separate and dis- for efc d t w distribution e danas charged ld 3, Instructions In prosecution for distributing mari- juana, it would have been better If court had more clearly Informed jury that It had to find that substance trans- ferred was marijuana before jury could convict defendant, but In clew of the. way the case was but and argued to the jury by both sides, the Instruction given vas sufficient to apprise jury that It had to decide the Issue. State v. D1ck, 1977, 253 N.1V.2d 277_ 152-041 Repealed by Laws 1971, c. 937, § 22, eff, June 8, 1971 152,09 Prohibited acts Subdivision 1. Except as otherwise provided in this chapter, it shall be unlawful for any person, firm, or co (1) Inanufach :re c 11 rporation to sell, give al -ay, barter, deliver, exchange or distribute; or possei+s with intent to manufacture, sell, give away, barter, deliver, ex- change or distribute, a controlled substance. (2) pos.ess a controlled substance, except when such possession is for his own use and is authorized by law. Subd. 2. It shall be unlawful for any persoll to procure, attempt to pro- cure, pos,ess or have in his control a controlled substance by any of the fol- lowing means; (1) fraud, deceit, misrepresentation or subterfuge; (2) using a false name or giving false credit; (3) falsely assuming the title of, or falsely rcpres-�-nting any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other aut.hot•ized per- son for the purpose of obtaining a controlled substance. Amended by Laws 1971, C. 937, § 13, eff. June 8, 1371; 71ns 1973, C. G93. § 5. 181 r i„ •' - r !• + T . \....r. K- y'.. /_ :. .rf ...r..7:- .- r...•t`.`. -'�i - Sri.',.' -.. s:t..J' "��!•S+-- L��:!'ti 1LL%.:. _. r 1 PROHIBITED DREGS § 152.09 II f" +^ trolled substances at least 30 days prior to any hearing 4uia - required by Minneso. ta Statutes 1969, Sectioll 15.0412, Subdivision 4. Tile state board of pharma- cy shall consider the recommendations of the advisory council on controlled substances, which may be made prior to or at the hearing. Subd• 13. The state board of pharmacy and the advisory council on con- trolled substances shall study the implementation of Laws 1971, Chapter 937 In relation to the problems of drug abuse in Minnesota and shall report to the legislature annually on y' " or before December 1, their recommendations con- cerning amendments to Laws 1971, �<'�• I - Chapter 937. Added by Laws 1971, c. 937, § 12, eff. June 8, Mil. Amended by Laws 197:3, c. 693, $§ 2 to 4; Laws 1976, .G 338 §§ to 1973 Amendment. increased the result of information membership of the advisorf courcll to gathered in wire- from 12 to 13 members p of telephone of one defendants, of and Inserted the and Wiretap was authorized by warrants provision for appointment of members Issued on application commencing July 1973 !- •_,- • only by assistant aragraph in subd In the second county attorney, and not by county at- p. 11; Inserted the torney himself or Attorney first paragraph of ; , _ _ _ subd. 12 relating to wireta General, the designation, rescheduling or deletion p as Illegal and evidence thus .; ,:e : Of a controlled substance under federal vb a d was ordered su p57. 206. State law; It provided for an annual 1373, 296 Minn. 57, 206 N.�V.2d i '9• drug 669. abuse report In subd. 13. : 2. Accomplices and accessories One who receives heroin - cannot be ac- Indea to Notes complice cf person charged with distrib- utln h Accomplices and accessories 2 Evidence 1 Instructions 3 Validity %Z %:. Validity The narcotics statutes does not io- late constitutional provision prohiblting v laws embracing more than ore subject. State v. Dick, 1977, 253 N.W.2d 277. 1. Evidence Rvldenca ,}11st?fied jury's conclusion that the substance sold by defendant to undercover policeman was marijuana. State v. Dick, 1977, 253 N.-,V.2d 277. Contention that part of statement made by defendant charged with dis- tributing marijuana should have been e- clude-d as ter-din - to show prior crimi- nal activity was :waived where defend- ant did no: Property raise the Issue be- low nor object to Its admisslbility. Id. 'Where evidence in prosecution for possession of narcotics was obtained as g ero!n. State v. Swyningan, 1975, 301 Minn. 352, 229 NAV.2d 29. In os-cot for tion ofrherointon•itness! whoftestifiedtfor the State w-as not an accomplice of de- fendant, and defendant could therefore Yrated testimony. since the witness r sibm- ply recely >r heroin from defendant and since sub�uer.t incident in which the k'itness a-d another "shot up" heroin skimmed from the heroin purchased from defe -.'ant n•as a separate and dis- for efc d t w distribution e danas charged ld 3, Instructions In prosecution for distributing mari- juana, it would have been better If court had more clearly Informed jury that It had to find that substance trans- ferred was marijuana before jury could convict defendant, but In clew of the. way the case was but and argued to the jury by both sides, the Instruction given vas sufficient to apprise jury that It had to decide the Issue. State v. D1ck, 1977, 253 N.1V.2d 277_ 152-041 Repealed by Laws 1971, c. 937, § 22, eff, June 8, 1971 152,09 Prohibited acts Subdivision 1. Except as otherwise provided in this chapter, it shall be unlawful for any person, firm, or co (1) Inanufach :re c 11 rporation to sell, give al -ay, barter, deliver, exchange or distribute; or possei+s with intent to manufacture, sell, give away, barter, deliver, ex- change or distribute, a controlled substance. (2) pos.ess a controlled substance, except when such possession is for his own use and is authorized by law. Subd. 2. It shall be unlawful for any persoll to procure, attempt to pro- cure, pos,ess or have in his control a controlled substance by any of the fol- lowing means; (1) fraud, deceit, misrepresentation or subterfuge; (2) using a false name or giving false credit; (3) falsely assuming the title of, or falsely rcpres-�-nting any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice medicine, dentist, podiatrist, veterinarian, or other aut.hot•ized per- son for the purpose of obtaining a controlled substance. Amended by Laws 1971, C. 937, § 13, eff. June 8, 1371; 71ns 1973, C. G93. § 5. 181 r i„ •' - r !• + T . \....r. K- y'.. /_ :. .rf ...r..7:- .- r...•t`.`. -'�i II f" Nq�; ;,�• _ r _ .i" r �, RESOLUTION APPROVING ACQUISITION OF TAX FORFEITED LAND BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the City Attorney be authorized and directed to file "Application for Gov- ernment Subdivision for Conveyance of Tax - Forfeited Lands" for the follow- ing property to be used for roadway purposes: Outlots 1 and 2, Payton Court Second Addition, except highway; AND BE IT FURTHER RESOLVED that the Mayor and Manager of this City be, and hereby are, authorized and directed to sign said application on behalf of the City of Edina. Adopted this 16th day of October, 1978. STATE OF MINNESOTA ) COUNTY OF HENNEPIN) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of October 16, 1978, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 28th day of November, 1978. City Clerk A3e-, n J -'-) f - /6 41- 7440 OXFORD STREET ST. LOUIS PARK, MINN. 55426 PHONE: 935 - 0340 Mr. Ken Rosland City Manager 4801 W. 50th St. Edina, Mn. 55434 Dear Mr. Rosland: Town Taxi Co. Inc. requests to be put on the agenda for the next City CoiunciI meeting for the purpose of obtaining approval for a change in the taxi meter rate. The change we- need is to go from a 60� mile to a 70� mile. It has been almost 2 1/2 years since we have requested a rate change and the Minneapolis cab companies went to these rates over a year ago. Increased'costs, especially the cost of gas and oil, have made this rate change necessary. Thank you for your cooperation. SAH /dmn Respectfully, TOWN AXI CO. NC. Steven A. Harvey, President WHEREAS::. since its founding in .1945, the United Nations has provided a continuing forum for discussion and efforts to resolve international.issues that endanger the peace of.the world; and WHEREAS : the United Nations has also been a leader in international hu- manitarian' activities; and )WHEREAS: the United States has continued its active involvement in the United Nations for the past thirty -three years in order to take advantage of every possible opportunity to achieve in- ternational peace, human rights, and human development;' and WHEREAS: it is. desirable for Minnesotans to be accurately informed about the broad range of activities of the United Nations; and '!WHEREAS: annually since the founding of the United .Nations, one day and one week have been set aside as United Nation's Day and United Nation's sleek throughout the Nation; and WHEREAS: the.day. and week of October 22, 1978 have been so designated; NO�V, THEREFORE, I, JALaS VAN V.ALKENBURG, MAYOR OF THE CITY OF EDINA, DO "HEREBY' DECLARE SUNDAY,. OCTOBER 22, 1978, TO- BE UNITED NATIONS DAY AND THE WEEK OF OCTOBER_ 22, - x.978. TO,. BE,----7 UNITED NATIONS ]WEEK in Edina, Minnesota, in .recognition of the signifi4rance of the United Nations,'and to call upon the citizens of the city of Edina, to give careful and critical thought to-the present and future role of the United Nations. The United Nations .flag raising ceremony in Edina, will be Monday, October 23, 1978 at 9 :00 a.m., in�front of City Hall, sponsored by the League of Women.Voters of Edina. All citizens of 'Edina are invited to attend. (Official Publication) CITY OF EDINA 4801 West 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARINGS THE EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 West 50th Street, on Monday, October 16, 1978, at 7:00 p.m. and will at said time and place consider the following: 1. Rezonin Re uest by Oasis Petro Energy Corporation to Review Southdale Gas Station Plan, generally located at 3500 West 69th Street, described as follows: Registered Land Survey No. 629, Tract H. All recommendations and objections will be heard at said meeting. BY ORDER OF THE EDINA CITY COUNCIL. FLORENCE B. HALLBERG City Clerk Please publish in the Edina Sun on Wednesday, October 4, 1978. Please send 2 Affidavits of Publication. REQUEST FOR PURCHASE TO: Mayor and City Council FROM: Fran Hoffman, Director of Public Works VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN EXCESS OF $1,000 DATE: October 12, 1978 Material Description (General Specifications): Grader Repair: .Rebuilt parts for repairs of steering mechanism and addition of power steering and double pump. Quotation /Bids: e 1. 2. 3. Company General Tractor & Equipment Co. No other quote available Department Recommendation: Amount of Quote or Bid $1,200.00 General Tractor,& Equipment Company at $1,200.00 Signature Department Finance Director's Endorsement: The recommended bid is is not within th a un budgeted for the purchase. G . N. Da I een finance Director City Man.ager's Endorsement: I concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: On iTo- si1 City Manager REQUEST FOR PURCHASE /. TO: Mayor and City Council FROM: VIA: Kenneth Rosland, City Manager SUBJECT: REQUEST FOR PURCHASE OF ITEM IN-EXCESS OF $1,000 DATE: October 11, 1978 Material Description (General Specifications): 330 trees to be planted in City Nursery Quotations /Bids: Cow 1. Bailey's Nurseries, Inc. 2. Cole Nurseries 3. Department Recommendation:Baileys Nurseries, Inc. Amount of Quote or Bid $4157.00 $4377.25 Department Finance Director's Endorsement: The recommended bid is is not within the amount budgeted for the purchase. J. Dalen, Finance Director City Manager's Endorsement: concur with the recommendation of the Department and recommend Council approve the purchase. 2. I recommend as an alternative: r IP MINUTES TRAFFIC SAFETY COMMITTEE OCTOBER 10, 1978 9:30 A.M. Members present: Fran Hoffman Lowell Holman Craig Swanson Gene Bartz Members absent: Gordon Hughes Lois Coon, Edina Citizens Safety Council Others present: Alison Fuhr, Visitor from the Edina Citizens Safety Council SECTION A Requests on which the Committee recommends approval as requested or'modified, and the Council's authorization of recommended action. 1. Install STOP signs at the following locations: 1) Berne Circle at Olinger Road 2) Shannon Drive at Dewey Hill Road (south side) 3) Tanglewood Court at Gleason Road 4) Stonewood Court at Gleason Road The Engineering Department, City of Edina, is requesting the installation of STOP signs at the above - described intersections due to new road construction. ACTION TAKEN: Fran Hoffman advised the Traffic Safety Committee that, due to new road con - struction, STOP signs should be installed at the above - described intersections. Locations 2, 3 and 4 above have a municipal - street entering onto a State -aid road and STOP signs should be erected at these locations. Chief Swanson moved that the Traffic Safety Committee recommend approval of the request. Seconded by Captain_ Holman. Motion carried 4 -0. SECTION B Requests on which the Committee recommends denial of request. 1. Resident on Sunnyside, Diane Feldman, is requesting STOP signs on Sunnyside Avenue at Grimes Avenue. Resident states the traffic volume is so heavy on Sunnyside she can't back out of her driveway. Traffic Safety Committee Minutes October 10, 1978 ACTION TAKEN: Page 2 Fran Hoffman advised the Traffic Safety Committee that a traffic count was conducted for Sunnyside Road between Arden Avenue and Grimes Avenue and that the volume of cars using Sunnyside Avenue didn't meet the volume requirement necessary for multi -way STOP signs. Captain Holman advised the Traffic Safety Committee that there have only been two recordable accidents at this location over the past 3 -1/2 years, one being in 1977 and the other -in 1976. Chief Swanson moved the Committee recommend denial of the request based on lack of warrants. Motion seconded by Gene Bartz. Motion carried 4 -0. SECTION C Requests which are deferred to a later date or are referred to others. 1. Donald Hart, Vestryman with St. Stephen's Church, 4439 West 50th Street, is requesting handicapped parking spaces on the south side of West 50th Street and approximately 160 feet east of Wooddale. ACTION TAKEN: The Traffic Safety Committee reviewed this request for handicapped parking on a public street. After much discussion on the matter, the Committee felt two questions had to be answered before a recommendation would be-made. 1) Can the City delegate a section-of a public street for handicapped parking? (All other handicapped parking in Edina is off the public street or highway.) 2) What are the legal.implications the City could be faced with in that the size of the parking areas on a public street would be less than the 12 -foot width requirement necessary for off - street handicapped parking? Captain Holman moved to delay action by the Traffic Safety Committee pending answers to the aforementioned questions. Motion seconded by Gene Bartz. Motion carried 4 -0. Chief Swanson moved the meeting be adjourned carried 4 -0. Respectfully submitted, Lowell Holman, Secretary Edina Traffic Safety Committee Seconded by Captain Holman. Motion R17COT TTTTOAT WHEREAS, the City of Edina is cooperating with Hennepin County and thirty - six units of local government to constitute an Urban County under the provisions of the Housing and Community Development Act of 1974, as amended in 1977; and WHEREAS, the_ Community Development Program regulations establish require- ments for the provision of citizen participation; and WHEREAS, Urban Hennepin County, in response to the program regulations, is establishing five Citizen Advisory Committees, one within each Urban County Planning Area; and WHEREAS, the Planning Area Citizen.Advisory Committee's primary responsi- bility is to review appropriately Community Development Block Grant Program issues within its member area; NOW, THEREFORE, BE IT RESOLVED that the City Council._does hereby appoint Ronald L. Ringling to serve as a member'on the Planning Area Citizen Advisory Committee which includes the City of Edina: ADOPTED this 16th day of October, 1978. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS CITY OF EDINA ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Edina, do hereby certify that the attached and foregoing resolution was duly adopted by the Edina City Council at its Regular Meeting of October 16, 1978, and as recorded in the Minutes of said Regular Meeting. WITNESS my hand and seal of said City this 16th day of October, 1978. City Clerk WHEREAS, the City of Edina is cooperating with Hennepin County and thirty -six units of local government to constitute an Urban County under the provisions of the Housing and Community Development Act of 1974, as amended in 1977; and WHEREAS, the Community Development Program regulations establish require- ments for the provision of citizen participation; and WHEREAS, Urban Hennepin County, in response to the program regulations, is establishing five Citizen Advisory Committees, one within each Urban County Planning Area; and WHEREAS, the Planning Area Citizen Advisory Committee's primary responsi- bility is to review appropriately Community Development Block Grant Program issues within its member. area; NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby appoint Ronald L. Ringling to serve as a member on the Planning Area Citizen Advisory Committee which includes the City of Edina: ADOPTED this 16th day of October,.1978. I � CA a-0, RESOLUTION WHEREAS, the City of is cooperating with Hennepin County and thirty -six units of local government to constitute an Urban County under the provisions of the Housing and Community Development Act of 1974, as amended in 1977, and WHEREAS, the Community Development Program regulations establish requirements for the provision of citizen participation, and WHEREAS, Urban Hennepin County in response to the program regula- tions is establishing five Citizen Advisory Committees, one within each Urban County Planning Area, and WHEREAS, the Planning Area Citizen Advisory Committee's primary responsibility is to review appropriately Community Development Block Grant Program issues within its member area. BE IT RESOLVED, to serve as a member includes the City of That the City of on the Planning d,� appoint 4 • "-, D Area Citizen Advisory Committee which D LAND PURCHASES (BOND ISSUE) OPEN SPACE AND PARK LAND As of September 30, 1978 OPEN SPACE LAND Cahill School Back lot dedication Lincoln Drive - Flood plain - dedication Carden Park: Outlot 1 Parcel 4000 4500 5500 6200 Krahl Hill: Parcel 1015 2230 & 2240 Moore Property - Melody Lake Madsen Property TOTAL OPEN SPACE LAND (A) - Payment carried in General Fund PARK LAND Hedberg Property - dedication Hansen Property - dedication McCauley Trail: Block 5 - Lot 1 Outlot A Outlot B Lot 8 Blake Road Property: Whiteman.Property Leonard Property Rutledge House Actual Budgeted Balance $ -0- $ 5,000 $ 5,000. 62,331(A) 5,000 ( 57,331 ) $ 16,199 $ 29,000 $ 12,801 -0- 18,000 18,000 -0- 39,000 39,000 36,000 36,000 75,000 $ -0- 18,000 $ 18,000 $ 52,199 $140,000 $ 87,801 $286.,373 $185,000 $ (101,373 ) 100,000 40,000 $2009000 401000 $286,373 $225,000 $ ( 61,373 75,100 75,000 ( 100 ) 59,579(A) ( 59,579 ) $535,582 $4509000 $ ( 85,582 ) $ -0- $ 5,000 $ 59000 -0- 5,000 5,000 $ -0- $ 15,000 $ 15,000 -0- 10,000 10,000 -0- 150,000 150,000 -0- 75,000 75,000 $ -0- $2509000 $ 2509000 $ 991-970 $1001000 $ 30 . -0- 100,000 100,000 $ 99,970 $2009000 $ 100,030 -0- 40,000 40,000 Miller Property - Art Center 103,717 (103,717 ) TOTAL PARK LAND $203,687 $500,000 $ 296,313 $739,269 $9502000 $ 210,731 NOTE A - Payment made by General Fund. Council transfer needed. Total proceeds bond issue Actual payments per above Less paid by General Fund $ 950,000 $739,269 121,910 617,359' $ 332,641 61 LO)CATaON MAP - 65 H d0 L' r 1 ° t 7r SOUTHDALE SHOPPING CENTER ' .SL cl L (a 0- SOUTHDALI w a n I zonin,g OASIS PETRO ENERGY CORPORATION REQUEST NUMBER: Z -78-12 LOCATION: 14• 69th St. Southdale Center REQUEST:. Southdale Gas Station Plan Rev:i ovy. A m �'—, I , I x O Y ST. it ny,e anit' (Ir[ r ment villacc of cilinrl COMMUNITY DEVELOPMENT STAFF REPORT. September 6, 1978 B -78 -12 Oasis Petro Energy Corporation. 3500 W. 69th Street. R.L.S. No. 629, Tract H. Southdale Gas Station Plan Review. REFER TO: attached site plans and building plans. The Oasis Petro Energy Corporation is proposing to remove the existing Daytons gas station and construct a self service, gasoline -only dispensing facility. The facility will consist of three 'islands with a canopy, an 8 foot by 13 foot attendant kiosk and three outdoor water and air filling stations. The facility will have a one way traffic flow with traffic moving east to west. The exterior materials include fiberglass and stucco. The proposed site modifications will slightly increase landscaping along W. 69th Street but will maintain the same number of curb cuts. The proposed station -is within the same lot as the present station. The property is properly zoned Planned Commercial District PC -3 (4) which allows gasoline stations. The proponents are required to submit plans to the Planning Commission for review because the change is a significant alteration to a planned commercial. district. The Commission may recall that Daytons was denied permission to establish similar facilities in 1971 and 1973. These proposals were denied primarily because they were located in the center of the parking areas, and there was a concern that the gas station would increase congestion within the parking lot. There was also concern-that access and egress on W. 69th Street were not being improved. Recommendation: The staff is concerned that this proposal has not been adequately integrated with the overall traffic, pedestrian and parking circumstances in the area. The staff would like to review a detailed plan that illustrates the facility in relation to the Southdale parking lot and W. 69th Street. The staff has been working with the-Southdale management in an effort to solve problems in the area. We have defined the following goals that should be considered in the design of the facility: 1) Reduce the number of curb cuts to reduce conflicting traffic movements. 2) Define vehicular circulation within curb cuts and median cuts to alleviate some confusion and eliminate some improper movements. 3) Improve pedestrian circulation with a cross walk on 69th Street and sidewalks adjacent to 69th Street. 4) Increase landscaping in general and provide a 20 foot setback from the street right of way. Planning Commission Staff Report B-78-12 September 6, 1978 page 2 5) Combine exiting of the gas facility with the Southdale exits. 6) Modify the entrances to reduce the width and prevent vehicles in the parking area from exiting to W. 69th Street. Mr. Fran Hoffman, City Engineer, has not reviewed the proposal due to vacation, and we expect to have additional comments. Therefore the staff would recommend the proposal is continued until the September 27, 1978, meeting to allow the developer to submit - additional plans and to work with the staff to resolve these problems. The staff would note that the former Fas -Gas Station adjacent to W. 66th Street has been removed and converted to parking. This property would properly be zoned to PC -3. :k HS:jt 9 -1 -78 li Ji / r co / , cA:�NIEf I \� pLAiJTidz4 F -Lr�e- oF DZNE,KLA,-e , LQ LF-vcL EO T 13 0 CA- 4 I'P- or LJEo I . I � E!ST- K, 9 - I --)J- FZ.EF--r � FL-&4 rvLr- I . I � E!ST- K, 9 - I --)J- FZ.EF--r Minutes of the September 27, 1978 CD and PC Meeting Z -78 -12 Oasis Petro Energy Corporation. Generally located at West 69th Street, Southdale Center. Registered Land Survey No. 629, Lot H. Southdale Gas Station Plan Review. . Mr. Gordon Hughes asked the Commission to recall that this item was continued from the September 6, 1978 Community Development and Planning Commission meeting to allow the proponents to prepare revised site plans for the Southdale gas station located on West 69th Street at the Southdale Center. He informed the Commission that revised plans had been submitted for a self- service gas station that answered many of the concerns that had been brought up previously. Mr. Gordon Hughes reminded the Commission that some of the major concerns were that of the double entrances to the site, exits from.the site, parking, and adequate landscaping plans. Mr. Gordon Hughes explained that the new plans did propose to eliminate the egress point from the station and limit improper exiting through the.gas station, elimate parking, and provide a better access configuration to the development. The staff felt quite happy that the new plans answered most of the questions that arose at the previous meeting., Staff recommended approval be granted with two conditions: First, in order to facilitate the plan several large trees would have to be removed; therefore, staff suggested approval be conditioned upon the submission of suitable land- scape plans for the site. Secondly, plans had been developed for sidewalks particularly around the Southdale area; therefore, staff also requested as a condition that a sidewalk easement be dedicated along the north side of 69th Street along the entire length of the Southdale Center. The easement, Mr. Gordon Hughes explained, was necessary because the boulevard was only one-foot wide in this location. Mr. Gordon Hughes introduced the proponent, Mr. Parker Anderson of Los Angeles, California, to answer the Commission's questions.. Mr. Gordon Johnson asked a question regarding the design of the plan wondering if a problem would be created as the traffic must make a left hand turn to exit on 69th Street with a relatively blind corner. Mr. Parker Anderson answered that that particular problem had been discussed with the staff,.and the resolution they reached was the proposal which would minimize.exit and entrance.to the area. Mr. Anderson clarified that the corner would not be blinded by vegetation as a low level 24 inch juniper tree was proposed for the corner. Mr. David Runyan commented he also questioned the corner on 69th Street but at present the plan seemed the best they could.hope for. Mr. Gordon Hughes stated one option would be to have an island constructed with a turn lane. Mr. Hughes continued that the proponents were removing quite a few large sized trees, and staff wanted to see larger sized trees put back into the landscape plan. Mr. Gordon Johnson asked if two exits would be prohibited. Mr. Gordon Hughes replied that could be looked into in the redesign. Chairman Lewis asked why grass could not be planted rather than trees or shrubs. Mr. Parker Anderson replied the staff had suggested trees and shrubs over grass. Chairman Lewis felt grass would help ease the blind corner. Minutes of-the September 27, 1978 CD and PC Meeting Ms. Helen McClelland felt if a straight road was installed more cars would attempt to enter the wrong way to reach the cashier. Mr. Fran Hoffman, Director of Public Works and Engineering, commented that the reason staff did not suggest a straight -out exit.was for that:very..reason that cars may enter the wrong way. The major point, he stated, was that there would not be two directions to exit.. He cited that there were too many people taking the opportunity to _go the wrong way by the Southdale Center already. Mr. Hoffman explained staff was striving to reduce the exit to one conflict point and avoid wrong way traffic. Mr. Parker Anderson noted a point of disagreement with the staff was. over. a.large tree that Oasis wanted to remove and replace with low. shrubs about 3i feet tall. He also noted that they have moved the canopy farther north into the site to give a 20 foot setback from West 69th Street so there would be adequate room to install a sidewalk in the future. Mr. Anderson raised a question on the sidewalk dedication stating that Oasis was a leasee of Dayton Hudson Properties which was a leasee of Equitable Life Assurance, and Oasis felt that the decision as far as the proposed sidewalk was concerned should be approached to Equitable. Mr. Anderson said that Oasis would provide the room for a_.sidewalk but they did.not feel it was in their power as a.leasee to grant a sidewalk easement. Mr. Gordon Hughes clarified that in the case of a rezoning or plan ammendment the owner of the property is the applicant, and the city accepts applications only from the owner or agents for the owner. Therefore, there should be no conflict in requiring the sidewalk dedication. Mr. Gordon Hughes indicated that the staff was concerned that it was extremely important .to obtain the easement at that time. Mr. Len Fernelius agreed with Mr. Gordon Hughes that the sidewalk easement should be part of the stipulation in the recommendation. Mr. Fernelius moved the Commission grant approval of the proposal subject to the condition that the sidewalk easement also be granted and.a landscaping plan acceptable to the Planning Department be submitted for the property. Ms. Helen McClelland seconded the motion. All voted aye; the motion carried.