HomeMy WebLinkAbout19580811_regular8/11/58
h?INUTES OF THE REGULAR MEETING OF THE EDIMA
VILLAGE COUNCIL, HELD MONDAY , AUGUST 11 1958
AT 7:OO PAi. AT EDINA VILLAGE HALL
Members answering Rollcall were Bank, Dickson, Kohler, Tupa and Bredeseno
Minutes of the Regular Meeting of July 28 were approved as submitted, by PJotion
Bank, seconded by Tupa and carried.
PUBLIC HEARING ON PROPOSED IIvIPROVEMENTS-~~~VRJUNICIPAL STATE AID STREETS" .
Affidavit of Publication, in Edina-Morningside Courier July 31 and iiugust 7,1958,
of "Notice of Public Hearings" was presented by Clerk, approved as to form and
ordered placed on file.
were conducted,, and action taken: .
1 . PUBLIC HEARING ON PROPOSED CURB, GUTTER AND SIDEWALI: AND BITUMINOUS
SURFACE TREATMENT FOR SOUTHVIEW LADJE FROM COD!CORD AVENUE TO TRUNK HIGHWAY NO
_I_ 100. Manager Hyde announced that, because of the heavy traffic on
this street, the Council has designated it as a "Municipal State Aid Street"
and that it is, therefore, eligible for construction cost aid, from gas tax
moneys. Plans are for a 38-foot street, with '9Jo Parking either side"; the
Bituminous Surface being State specifications (+ton axle load) which is
considerably heavier than Village specifications and is suitable for school
bus traffic.
for blacktopping in an amount equal to the cost of normal Villaqe blacktopping
(about $3.00 per assessable foot); to assess abutting properties for 1/2 the
cost of curb and gutter (estimated $1.50 per foot); and to assess the property
abutting the south side of the street for the I_ full cost of the proposed 2-foot
sidewalk. There were no objections to the proposed improvement.
Posselt of Edina-hlorningside School Board, stated that the School District
is happy about the proposed improvement and willing to pay its share of the
assessment. He suggested a four-foot sidewalk, however, in view of ever-
increasing pedestrian and bicycle traffic, stating.that the school district
will bear this assessment; and.; this latter was agreeable with the Council.
(see Resolution of later in mgeting, approving improvement).
FOR BENTOH AVEIWE FROId HIGHYJAY NO. 100 TO TIFGDALE AVEIJUE. 3anager Hyde
explained that this street, also, is now a "Municipal State Aid Street" and
is eligible for construction cost aid from state gas tax moneys.
that the plan is'to blacktop a 44-foOt roadway and to construct standard
curb and gutter in the street; part of the construction to be paid from gas
tax funds and the balance to be assessed against abutting properties at the
rate of full cost of normal villaqe blacktopping (about $3.00 per assessable
foot) and 1/2 the cost of curb and gutter (estimated $1.50 per assessable
foot).
inasmuch as the grade is relatively flat beyond East View Drive.
a blacktop burn beyond East View Drive, in preference to concrete curb. He
was informed that Benton will be improved farther to the west, as gas tax
moneys become available; that blacktop burm does not last and that, once it
deteriorates, the street also deteriorates. Mr. Tom Hastings, Jr.,5901
Josephine Avenue, protested widening the street to 44 feet, also stating he
feels that construction of curb and gutter is a "village responsibilitytr,
inasmuch as it is a conductor of surface drainage from other areas. He was
told that, unless the street is 44 feet wide there can be no parking on it;
that the state might make an exception and allow parking one side on a 40-foot
street. Mr. L. D. Jepson, 5024 Benton, agreed with Mr. Hastings that 44 feet
is too wide,
100, He was informed that the State's plans are not, even now, fully formulated
for Highway #loo, but that any grade change at the approach will be the State's
responsibility. Ivlr. Tews, 5012 Benton Avenue, spoke €or the improvement,
stating he believes curb and gutter are necessary. He stated, though, that he
feels a 3E-foot roadway is sufficiently wide. Mr. Me1 Sagar reminded the
Council of the steep grade, asking if a change is contemplated. Engineer
Zikan said that plans have not been sufficiently studied at this time to fully
determine vtnether a change is necessary. A44. Everett Haskin, 5900 Josephine?
asked that half the cost of curb and gutter be taken from gas tax moneys, the
other half from the Village general fund.
final plans are made, the proposed traveled-roadway width be studied; and Jir.
Robert Oberrneyer informed the Council that, beyond Code )\venue, the village has
only a 40-foot right of way on Benton; that, if the Council wishes to improve
this stretch at a later datee, wider than 40 feet, it will necessitate land
acquisition at additional cost. Council informed audience that the Village
has spent a greaf deal of money in attempting to maintain Benton Avenue for
travel; that street should have been improved before this time but that
improvements were delayed pending gas tax allocations, to give ovmers of
abutting properties Ita break" on costs of improvement; that Council feels that
curb and. gutter is Plecessary in order that blacktop can be maintained; that
properties on other streets have paid for the entire cost of curb and gutter
Pursuant to said Notice, the following Public Hearings
hlr. Hyde stated that plans are to assess abutting properties
c13 b 4 e trl
Mtr. George
2. PUBLIC HEARING OM PROPOSED CURB, GUTTER AND BITUMItJOUS SUIIFACE TREATMENT
He reported I
k. Eoran protested carrying the improvement as far as Tingdale Avenue,
He asked for
He also asked about the effect of raising the grade on Highway
Trustee Ifohler suggested that, before
8/11/58
2z4bllere the Village Engineers have deemed it a necsssily; that, were the Council to
follow the procedure of paying for this type of improvement from the General Fund,
real estate taxes :;.auld soon be prohibitive. Further discussion was had as to the
width of the street, it being agreeable to those property omers present that there
be parking on the South side of the street only. Dickson offered the folloaing
Resolution and moved its adoption:
RESOLUTIOM ORDERING STREET ILIPROVE3Ei?I'S
A-122 AND k-123
BE IT RESOLVED by the Council of the Village of Edina, icinnesota, that this
Council heretofore caused notices of hearings to be duly published on the follovr-
ing proposed improvements:
COiJSTRUCTIOI! OF CURB AND GUTTER IN, dWD BITUfJIROUS TREATXIBIT OF 1.
SOUTHVIEIJ LXlE FROII CO2TCORD AVEfiUE TO TRUF!I< HIGEJAY NO. 1(2O; &ID
COHSTRUCTIOi: OF COXCRETE SIDElfXG FOUR FEET !VIDE OR THE SOUTH SIDE
OF SI ID SOUTHVIE,'! L-*ii'Z FRO3 COIXORD AVENUE TO TRUK HIGXJAY i!O,lOO
CCX.ST~IJCiICll! OF CUL3 .*J!D GUTTER IN, AI?'D BITUIXKOUS TREATLiEiT OF ,
- -
2.
BEKTOEI AVEIIUE FROI.1 TRUiX HIGWAY GO . 100 TO TIB!GDAL.E i,VBIUE
and at the hearings held at the time and place specified in said notice the Council
has duly considered the vieus of all persons interested, and being fully advised of
the pertinent facts does hereby determine to proceed with the construction-of said
improvements: .GAL SUBJECT TO APPROVAL, OF SAID PL.'J~?S BY THE HIt!NESOTk ST'ITE HIGH'JAY I
DEPMil.;Ei?I'; that said improvements are hereby designated and shall be referred to
in all subsequent proceedings as follows :
110. 1 kmVE STREET 1E;"IPF;OVEt;lEPlT 1*!0. A-122
NO. 2 AEOVE STREET II.lPROVEtiI3Y PIO. >.-123
and the areas to be specially assessed therefor shall be as follovrs:
STREET LLIPEOVE.;EET IiO. 1-2-122 - For the Curb and Gutter and Bituminous
Surface Treatment - All lots and tracts of land abutting the street proposed to
be improved; and for the Sidewalk, all lots and tracts of land abutting the South
side of the street proposed to be improved.
STREET Il.iPROV€l.;EIIT i:O. 11-123 - All lots and tracts of land abutting the
street proposed to be improved.
BE IT FURTHER RESOLVED that assessment €or said improvements shall be on the basis
of assessment for full cost of normal village blacktop; 1/2 the cost of average
curb and gutter, and full cost of sidewall:,
BE IT FURTHER RESOLVED that it is the concensus of opinion of this Council that
Benton Avenue be treated with Bituminous Surface Treatment to a width of 40 feet
and that there be parking on the South side of said street, only.
IAotion for adoption of Resolution was seconded call there were
five ayes and no nays, as follows: Bank, aye; , aye; Tupa, aye;
and Bredesen, aye; and the Resolution na
I
Village Clerk
PUBLIC HE.WiP:G Oi! PETITIOII FOR VACATION OF IJORTH PORTIOi! OF ALLEY BETI'JEE! !1.58TH
AKD 1'1.59TH STREETS ."XD BET:IEEIIJ XEPaES AiJD YOFX AVEiIUES. Affidavits of Publication
in Edina-Ltorningside Courier and of Posting on bulletin boards of "Motice of Fublic
Hearing" were presented, approved as to form and ord'ered placed on file. It was
noted that the petition is by owners of lo@$ of: the property abutting the alley
between the PSorth lot lines of Lots One and Twenty-four and the South lot lines
of Lots Seven and Eighteen, Block 1, Harriet ?:lanor Second Addition. There aere
no objections to the proposed Vacation, although 1.b. Peterson, 5824 %erxes, asked
that proposed Vacation extend further South , and Hanager Hyde presented letter
objecting to proposed improvement of South part of alley.
following Resolution and moved its adoption:
Kohler oEfered the
RESOLUTIOiI Vi?CilTIf!G ALLEY
THAT RJRTIOI! OF THE 1:ORTH-SOUTH .%LEY II! BLOCK OIfE
HXGIET I,tlJ:OR SEGO;!D ADDITIOII LYI1:G BFT:'!EE;: THE I:OZTH
LOT LIi!ES OF LOTS OiIE N!D T:!EPTY-FOUR, SAID BLOCK O;:E,
&!D THE SOUTH LOT LIi*XS OF LOTS SEVEE: JJlD EIGHTEEI!, D S.IID BLOCK Ob!E
!;HEREAS, a majority or' the owners or" the land abutting on that portion of the
1:orth-South Alley in Block One, Harriet RIanor Second Addition, lying between the
ilorth Lots Lines of Lots One and Tvrenty-four, said Block One, and the South Lot
Lines of Lots §wen and Eighteen, said Bloc!; One, have petitioned for the vacation
of said alley; and
','!HEREAS, one cteek's published notice and posted notice of a hearing to be had
on said petition on .ugust 11, 1358, at 7:OO P.G., has been given and made, and a
hearing has been hed thereon by the Village Council:
8/11/58 I 68 y IdO!'J, THEREFORE, BE IT RESOLVED by the Village Council of the Village of c$illApjrsa
Hennepin County, I.iinnesota, that r
"That portion of the North-South Alley in Block One, Harriet Manor
Second Addition, which -lies between the North Lot Lines of Lots One
(1) and. Twenty-four (24), said Block One, and the South Lot Lines
of Lots Seven (7) and Eighteen), said Block One, as the same is
recorded in the office of the Register of Deeds of Hennepin County,
Minnesota, is hereby vacated; provided that said Village excepts
from this vacation proceedings and reserves unto itself and its
assigns an easement for all public utility purposes, including,
without liriiiting the general nature of said reservation, an
easement for electric, gas, sewer, water, and telephone equipment
on, over and under the center ten feet in width of the alley
hereby" vacated" ,
!Jotion for adoption of Resolution was seconded by Dickson, and on Rollcall there
were three ayes and two nays, as follows: j Kohler, aye;
nay; and Bredesen, aye; and the Res
I
(In explaining his "nay" vote, Trustee Tupa explained that he has found from
He cited "Bridge Streek" as an example.
experience that vacation of public thoroughfares is bad policy--that someone is
always damaged by this proceeding. MI. Bank stated he can see no good reason for vacation of this portion of the alley,
inasmuch as the south portion is about to be improved.
PUBLIC HEARIKG Otd PETITION FOR SPECIAL PERMIT FOR DOUBLE BUIJGALOWS LOTS 1 TO 4,
IIICLUSIVE, BLOCK 1, FBXJER'S FIRST ADDITION (6159 TO 6207, IE!C., FRAT!CE AVE. SO.
Affidavits of Publication and Posting of "Notice of Hearing" were presented,
approved as to form and ordered placed on file. Suggestion was made by owner of
neighboring property to the South of "Farmer First Addition" that some consideration
be given to extending tY.62nd Street, West to France Avenue. As plat stands now,
W.62nd Street would not go through, Wessrs. Ralph Hays, and Farmer, explained that
they have platted in accordance with Planning Commission recommendations and in good
fafth; that they can see no reason why they should be held up at this point.
moved that Planning Commission be contacted for their thoughts about the closing
of W.62nd Street, and that Public Hearing on petition for double bungalows be
continued to Llonday, August 18.
Tupa I
PUELIC HEARING ON BUILDINGS AT 6300 VIRGINIA AVENUE CONSTITUTING A NUISAIKE (UIJDER
ORDII\rA€dCE NO. 148) Nanager Hyde reported that Hearing is being held pursuant to
a petition asking for demolition of buildings, signed by some 20 neighbors. The
Building Inspector's report on condition of buildings was read; and pictures of
buildings, taken today, were presented. A representative of Idr. J. H. Addy, owner,
explained that the buildings have been kept by fsir, Addy for storage of equipment
and materials, should he be allowed to build on his surrounding property; that
once f.k. A4ddy receives word from the Highway Department as to whether or not he
can build on the property, the matter of these two particular buildings will be
settled; that they will be removed if he cannot build, and repaired and used until
his houses are completed, if he is given permission to build. He told the Council
that children have thrown huge rocks right through the walls, and have repeatedly
damaged the garage doors; that at one time I&r. ,qddy caught children vandalizing
the buildings and reported them to the Edina Police but without result; that tlr.
Addy has repeatedly asked for police patrol to protect his property.
representative stated he believes the buildings are safe enough, structurally,
and that there is nothing to fall on children playing in them; that the deterioration
02 the buildings is largely due to vandalism.
such time as 1.k. Addy and the Highway Department can come to some definite terms
concerning the property, which should be within the next 90 days. Bank's motion
that Hearing be continued for 90 days was seconded by Tupa and carried, with
Kohler voting no.
This
He asked that action be postponed until
IfJRRD OF COI ITRACT FOR BLACKTOPPING IMPROVEMEI\JT NO
YJ.56th Street and between York and Serxes Avenues.
A- 119 - Alley between Vj. 55th and
Manager Hyde presented Tabulation - -~
of Bids taken today, showing Asconite Asphakt Company to-be .low bidder of three, at
$1,008.00; Blacktop Service Co., second low at $1,134.35 and Bituminous Roadways,
Inc., high bidder at $1,248.95.
bidder, even though bid is slightly above estimate; and Bank so moved.
seconded by Tupa and carried.
somewhat slow, but that the specifications carry penalty clauses.
Mr. Hyde recommended award of contract to low
IXotion
Mr. Hyde reported that Asconite is proving to be
I1CERTIFICATE OF ERROR" EXECUTED, BROOKVIEW HEIGHTS 2ND P.DDITION. Engineer Zikan
reported that, in drafting the plat of Brookview Heights 2nd Addition, an error was
made by the surveyor, Arleigh C. Smi,tht in reporting the length of the Souihujesterly
8/11/58
line of Lot 16, Block 6, as 56.3 feet, vhile in fact the length of this Southwesterly
line is 75.0 feet.
correction of plat, as established by State Statute, Lir, Smith has presented a
Certificate of Error, which must be approved by the Council.
such approval? and mpa moved that Certificate of Error be approved,
seconded by Dickson and carried.
Mr, Zikan reported that, in accordance with procedure for
He recormended
Kotion
TAXICAB RATES II:CREASED. The request of Mr. Verlin Balfanz, proprietor of Edina
Taxi Co., for an increase in rates (from present charge of $.35 €or first quarter
mile and $.lo for each two-fifths mile thereafter) to $.35 for the first quarter
mile and $.lo for every one-third mile thereafter, was read. f:?. Balfanz' letter
stated the requested increase will bring his rates up to those presently in
effect in Minneapolis. Some discussion was had as to the validity of h.
Balfanz' request, and Tupa offered the following Resolution and moved its
adoption :
RESCLUTIO~;~ FIXIPIG r:wIm.i RATES URDER
TAXICAB ORDIICV+ICE
UHEREAS, the Village Council of Edina has adopted an ordinance entitled "An
Ordinance Providing for the Licensing of Taxicabs and Regulating their Operation" j
and
VHEREb%S, said ordinance provides in Section 7 that the Village Council shall,
by resolution, determine the maximum taxicab rates to be charged:
!!OJ, THEREFORE, BE IT RESOLVED, that the maximum rates to be charged by the
licensee to whom taxicab license has been issued and may hereafter issue shall be
thirty-five (35~)) cents for the first quarter mile and ten (log) cents for each
one-third mile thereafter.
Llotion for adoption of the Resolution was seconded by Kohl'er, and on Rollcall there
PROTEST AG4IKST SPECIAL I\SSESSP.IEIXLS DEFERRED. 2s. Korris E. Hansen' s letter in
protest to being assessed for two sewer connections for his tract of land (5419
Interlachen Blvd.) was presented, and was ordered deferred to the Special
Assessment Hearing on this project.
I~.iPEOVEI.Y3T PETITI0i:S KCEPTED,
presented;
The following Petitions for Improvements aere
Oiling - !'lest Shore Drive, Y1.70th St. to Dunham Drive.
YATEFWii! - ;!ilryan and Josephine Avenues, !','.64th to !?.65th St.
and, by notion Dickson, seconded by Kohler and carried, aere acceptad:
1.
2, CWt LED GUTTER - '.';illiam Ave., :'1.51st St. to :'~.52nd St.
3.
4. YATER.P.E! - Ylilryan &e., ?1.63rd St. to :'J.64th St.
ILiPi?OVEl.'WiT PETITIOiJ OWEXED RETURITED FOX CLkRIFICATIOiI. 1.k. Carl ?.I. Hansen' s
petition for !';a-i;ernain Service to "Junction of Highcay 110. 169 and SiiaeEer Road
was considered; the2 ms ordered returned for clarification.
PUBLIC HEL'2iI:G SCIlEDULZD io;! V.H. ;.TZHIEU PETITIOi! FOR FOUR-FLEX Oil LOTS 10, 11 Z!D
12, BLOCK 9, BKCOISIDE HEIGHTS.
asking that Council nos issue permit for multiple dwelling use on this property.
One of the eeighboring property ocners appeared, to ask that if permit is granted,
garages be placed on :'IO52nd Street. The matter of neighbors' objections, registered
at a hearing held last January vas reviewed. Bank moved scheduling Public Hearing
on request for !.:onday, Septembsr 8.
1.5. Llathieu appeared with a nevi construction plan,
Motion seconded by Dickson and carried,
PUBLIC I-!E.DII:G SCHECULED Oi! i3QTZ REQUEST FOR WUELE BUidGALCL'IS 02 LOTS 9 XID 10,
BLGCIC 1 V.:.LLEsr VIE71 TEiW.CE. Cr. IJootz' request carried Planning Corrnissiois's
August 6th reccrmendation for approval. Bank's motion scheduling Piblic Hearing
on request for ?.;onday, September 89 was seconded by Dickson and carried.
*t?.:ELROY RUDE" PB.ELII.IIiZidF?Y PL.',T APPROVED.
a-tion for division of this property (Lots 1, 2 and 3, Block 3, Broadnoor Addii.) into
four lots, uas revieced.
with Planning Commission's recorrmendations.
I Planning Commission' s August 6th recomxend-
Tupa moved for acceptance of Preliminary Plat in accord
Xotion seconded by Ban!: and carried.
DALE JOHlISOi!'S SUBDIVISIOI! OF LOTS 24 THROUGH 30, '21LLAFiD'S ;iDDITIOIJ-PLS'J:iIIi:G
CO:.T:IISSIO;!'S RECO:.CX!DATZOiZS iCCEPTED.
August 6th, that this tract be divided into four lots--tc.o on I.Ialoney Avenue to be
70 feet aide and 130 feet deep, v5th 50-foot setbacks; and two lots to front on
Tyler, with 75-foot frontages; that 10-foot strip be dedicated along idaloney Avenue,
Village Attorney Hasselquist reported that, under the Zoning Ordinance, a public
hearing is required for this proposed plat, inasmuch as village cater is neither
in nor contemplated. Bank's motion, that Planning Corrmission recommendations be
accepted and that Public Hearing be scheduled for September 8, was seconded by
Dickson and carried.
Planning Commission had recomended on
Q 3p 17 '&W,
8/11/58
Ei,PJSON'S THIRD ADDITION (Tyler, south of Maloney).
Planning commission's August 6th recommendations for approval, subject to vacation ~
of cul-de-sac, and receipt of 25-foot easement on the South, to allow extension of
Naterman Avenue in the future.
Planning Commission's recommendations was seconded by Nickson and carried,
MORTOIJ JOHNSON ADDITION PRELIMINARY PLAT APPROVED. (Southwest corner of Code and
Grove), Council reviewed Planning Commission's recommendation of August 69 that
plat be approved, subject to developer's being required to file deed restriction
on Lot 3 to effect that no building permit will be requested until such time as
street right-of-way in front of this lot has been increased to fifty (50) feet
or more,
Planning commission's recommendations, was seconded by Kohler and carried.
This preliminary carried
I Tupa's motion for approval of plat in accord with
Tupa's motion that Preliminary Plat be approved in accordance with
LMrlPE ADDITION PRELIMINARY PLAT APPROVED.
recommendations for approval include waiver of requirement of 90-fOOt frontage
lots; also, recommendations for dedication of a turn-around, Dickson's motion
that plat be approved in accordance with Planning Commission recommendations and
that Public Hearing on proposed waiver of frontage restrictions be scheduled for
Idonday, September 8, was seconded by Tupa and carried.
It was noted that Planning Commission
VICTORSE31' S IiTERLACI-IEIL' PRELIfi,!IINARY PLAT APPROVED. (Blake Road and ya terman) .
Planning Commission had, on August 6, recommended approval subject to dedication
of a turn-around; had also recommended waiver of 90-foot frontage requirement,
Tupa's motion, that plat be approved in accord with Commission's recommendation
!.vas seconded by Kohler and carried.
CLIFTON TERRACE FINAL PLAT APPROVED3 this being a re-subdivision of Lots 12 and
13, Block 2, Peacedale. Kohler's motion for approval in accord with Planning
Commission's recommendations, was seconded by Dickson and carried.
. and that Hearing on frontage requirement be scheduled for Monday,September 8,
AMUNDSOFJ'S TERRACE FINAL PLAT APPROVED SUBJECT TO DEED RESTRICTION, (Cahill Road
and !'/.70th st.)
unconditional approval; however, Attorney Hasselquist reminded Council that it
rrishes control on the use of Lot 1, Block 1 (Telephone Building to be constructed
on Lot 2, Block l), recommending that deed restriction be filed to effect that
Council must approve specific use of land before issuance of building permit.
Dic1:son's motion %or approval of plat subject to tender of deed restriction in
accord \vi th Attorney's recommendation, was seconded by Kohler and carried.
:'JARRE1! ADDITIOI, FII1AL PLAT APFROVED. (Interlachen, East of Skyline Drive)
Commission's i'ugust 6th recommendations were for approval, and Dickson' s notion
for approval of plat was seconded by Kohler and carried.
SI!'IILFl ADDITIOII (70th Street, East of Kormandale).
Ccmmission's August 6th Minutes Ynat, since approval of plat at last month's
nee'cing, ths Church to the west has arranged to purchase Lots 1 and 2 as shown,
and there is no need for a North-South street. A 30-foot dedication is shown on
the plat for 1v.69th Street, however; and it was noted by the council that the
street could .be opened at a future date, should it be needed. Kohler's motion
for approval in accord with Commission recommendations was seconded by Dickson
and carried.
EVERTH ADDITION FINAL PLAT APPROVED SUBJECT TO DRAINAGE CHECK. (61st and France).
Planning Commission had recommended approval on August 6th.
reminded Council that Village is having some storm sewer difficulties in this
area; and Dickson moved for approval of plat subject to check and approval by
Village Engineer. Motion seconded by Kohler and carriedo
Planning Commission's recommendations of August 6th were for
It was noted in the Planning
Engineer Zikan
LEARY ADDITION FIidAL PLAT APPROVED. (Skyline and Interlachen)
Corrmission's Aucrust 6th recommendation for approval subject to receipt of deed
Planning
for Outlot 1, w& reviewed. Tupa's motion that plat be approved subject to
compliance with Commission's stipulation, was seconded by Bank and carried.
JAKFJBERG REQUEST FOR "CARETAKER'S APFRTIJEIJT'' ON PJ.49TH ST. AIJD HIGHWAY #lo0
TO BE GIVE;: PUBLIC HEARING.
approval of request was reviewed.
holding Public Hearing in accordance with Zoning Ordinance requirements; and Bank
moved that Fublic Hearing be scheduled for Monday, September 8,
by Tupa and carried.
EP,RING TO BE SCHEDULED OM OPEFJING OF VJ.66TH STREET FROlA TIRGDALE TO idAWvil1 DRIVE.
Planning Commission's August 6th recommendation for opening of street on condition
that street be improved by blacktop and curb and gutter, was reviewed and discussed.
IJanager Hyde reported that the owner of 275 feet abutting the street has added his
Iiame to the petition signed by owners of non-abutting property.
that Public Hearing be scheduled for September 22, on Opening, Blacktopping and
Curb and Gutter, was seconded by T~~~ and carried.
-
Planning Commission's August 6th recommendation for
Attorney Hasselquist recommended Council's
Motion seconded
Kohler's motion,
El1 1/5€ ZCiJI1:G 03i)I::X:SE CHXGE REFERRED TO VILLAGE ATTURt!nr. Planning Conrnission' s 22g
recornendation for a change in the Zoning Ordinance, to permit platting of 75-E"00-k
lots vtnere Sewer is available (present Ordinance provides for this restriction vhere
!'later - is available) was discussed, and was referred to the village Attornq for
draft of Ordinance.
COIKRACTS FOR--PkRf; II~~PFXVEKEIITS I;:'lkfiDED.
with tabulations of bids received 'this morning.
Bids made by Swanson Excavating Coo, Karl Krahl, LI.E.Eraft, Center Sod, and COY/.
Houle, together with a sheet entitled ffSummary of Lovi Eid Recorrmendation" vhich
showed the lov~ bid of SJanson Emmating company, on wanted r:ork, to be $10,4-25.75,
as against the Engineer's Estimate of $9,532.00. Bid xis on Grading and .:dditional
Cut, Seeding, sodding, Parking Lot Surfacing and Curbing, Drainage, Tree Removal
and !'later Service. Park Board's recorrmendation was for award of contract to
Smnson Excavating ccripny at bid price, less Parking Lot curbing at S625,OO and less
$250.00 of Tree Removal, for a ilet Contract of $9,550.75.
contract be awarded in accordance with Park Board's recommendation, was seconded by
Kohler and carried,
Park Engineer Donald Brauer was present,
Action taken as fo1lov:s:
1. fiO~.WJD!JLE PARI: IX%OVEEl!TS. LIr. Ba-auer presented detailed Tabulation of
Dickson's notion, that
2. SEEDING i@!D SODDIIJG:
A, Seeding - Lh-, Brauer reported that there has been a misunderstanding by
bidders, as to specifications, Park Board recormended that Seeding bids
be rejected and re-advertised.
advertisement for nm bids was seconded by Dickson and carried. Bidders
wre Bolig and Sons at $09 and Donley and Johnson at $.11 per Cu.Yd,
C.17. Hoiile baing low bidder, with s.28 per Sq.Yd. hr standard sod and
5.35 per Sq.Yd. for "cultured" sod; $5.25 per hr. for Idachine and $2.65
per hr. for Labor.
beautiful", and reccmended that contract be av:arded to him, for both
the regular and the cultured sods, stating that it may be necessary to
use some of the cultured sod immediately adjacent to yards, He stated
it is the plan 'io use the cultured sod only in this manner. Tupa's notion
that contract be awarded in accordance with Park Board recorrmendatisns
was seconded By Dickson and carried.
Tupa's motion for rejection of bids and
'
B. Scddinq - Three bidders on this item (including Sod, Gachine, and Labor);
fk. Brauer reported that Houle's sod is "simply
l:O%."D&E PAX: trD.'ELLIi:G1l TO BE DKOLISHED.
old building purchased aith Ilormandale Park land is not fit for park purposes; that
it cannot be remodeled or repaired because it is generally structurally unsound.
recommended that the house be demolished with Village forces; and Kohler so moved.
Llotion seconded by Dickson and carried,
LEGAL LIABILITY 1NSURiG:CE FOR LIQUOR STORE TO BE FURTHEX IIJVESTIGATED.
Dickson and Kohler reported that a premium of less than those quoted can be obtained
if a certain "deductible" basis is used.
Zurther; and to report.
tlanager Hyde told the Council that the
He I Xessrs .
LIanager directed to investigate matter
ORDit?XCE i:O. 14s-1 AXPTED.
setting forth the changes in this amendment, Ldnich will bzing this ordinance 148rinto
conformation with new Wilding Code was read; and Bank offered the following Ordinance,
moving that Council dispense with second reading and adopt Ordinance as read:
Village Attorney Hasselquist's report of August 1,
ORDIIJAXCE KO. 148-1
AI! OFQII!kP:CE AMENDING 0RDIiPJ;CE KO. 143
OF THE VILLAGE, RELATING TO D&!GEXOUS AHD
SUBSTAMDAR? BUILDINGS MID PROVIDIPlG FOR THEIR
V~ICATIOI!, REPAIR, RBLQVAL OR DE1.:OLITIOI?
THE VILLAGE COUKCIL OF THE VILLAGE OF EDII*Ik. fbIIi4iIESOTA. QIIDAIT!S :
Section 1. Section 2, Subsection
(8) Lack of minimum amounts
is hereby amended to read as follows:
Ordinance IJo. 51A.
Section 2. Section 2, Subsection
is herebv amended to read as follov~s:
(a)
of natural light and ventialation required by
(a) - (9), of Ordinance 110. 148 of the Village
(E) , of Oidinance LIo. 148 of the Village
(9)
(i) Faulty I.Iaterials of Construction, All materials of construction
Zoom and space dimensions less than required by Ordinance Eo. 512.. I Section 3. Section 2, Subsection (i), of Ordinance No. 14% of the Village is
hereby amended to read as follows:
except those vhich.are specifically allowed or approved by Ordinance iilo.
51A of the village, and vrhich have been adequately maintained in good and
safe condition.
Section 4, Section 2, Subsection (k), of Ordinance No. 148 of the Village is
hereby amended to read as follovrs:
(1:) Inadequate Fire Protection. All buildings or portions thereof
vhich are not provlded with the fire-resistive construction required by
Ordinance No. 51A of the Village except those buildings or por'cions
thereof which conformed with all applicable laes at the time of their
construction and whose fire-resistive integrity has been adequately
maintained and improved.
Section 5. This ordinance shall be in force and effect from the date of its
.
Passage and publication according to law.
'4 y un 6/11/58 t c?L' Iilotion for adoption of Qrdinance and waiver of second reading was seconded by
Dickson, and on Rollcall there were five ayes and no nays, as follows: Bank, ayeg-j
Dickson, aye; Kohler, aye; Tupa, aye; and , aye; and the Ordinance was
adopted .
TRAFFIC ORDINANCE AMENDhIENT ADOPTED.
draft amendment to Ordinance No. 191, to make this ordinance conform to Uinnesota
Statutes, draft having been prepared at the request of Judge Burris and Police
Chief Wayne Bennett. Dickson offered the following Ordinance, moving that Council dispense with second reading and adopt Ordinance as submitted:
AI J ORDII\JANCE NJIEP!DING THE TRAFFIC ORDINArJCE
OF THE VILLAGE OF EDINA SO AS TO COfJF0PJ.i TO
Village Attorney Hasselquist presented his
ORDITJANCE TdO. 191-4-
THE STATUTES OF THE STATE OF MIN1:ESOTA
THE VILLAGE COUNCIL OF THE VILLAGE OF EDIIJA, MIMIJESOTk ORDRIljS :
Section 1.
"101. Authorized Emergency Vehicle: any of the following
(1)
(2)
(3)
(4)
Section 2.
"142. Roadway: that portion of a street or highway improved,
Section 101 of Ordinance IJo. 191 is hereby amended to read
as follows:
vehicles when equipped and identified according to law:
a vehicle of the fire department;
a publicly owned police vehicle or a privately ovmed
vehicle used by a police officer for police work under
agreement, express or implied, with the Village;
an ambulance, whether publicly or privately owned;
an emergency vehicle of a municipal department or a
public service corporation,"
Section 142 of Ordinance Hoe 191 is hereby amended to read
as follows:
designed, or ordinarily used for vehicular travel.
street or highway includes two or more separate roadways the term
'roadway' as used herein shall refer to any such roadway separately
but not to all such roadways collectively."
In the event a
Section 3. Ordinance Pro. 191 is hereby amended by adding thereto a
new Section 158, as follows:
"158. Eug Deflector: a non-illuminated, transparent device
attached to the hood of a motor vehicle so as to deflect the air
s t r e am . I!
Section 4.
"159. Farm Truck: all single unit trucks, tractors, and
trailers used by the owner thereof to transport agricultural,
horticultural, dairy, and other farm products, including live-
stock produced, or furbished by the owner of the truck, and any
other personal property owned by the farmer to whom the license
for such truck is issued, from the farm to market, and to trans-
port property and supplies to the farm of the owner; also,
single unit trucks which, because of their construction, cannot
be'used for any other purpose and are used exclusively to trans-
port milk and cream enroute from farm to an assembly point or
place for final manufacture, and for transporting milk and cream
from an assembly point to a point for final processing or manu-
facture."
Ordinance No. 191 is hereby amended by adding thereto a
new Section 159, as follows:
Section 5*
11160. First Aid Equipment: equipment for the purpose of
Ordinance JYo. 191 is hereby amended by adding thereto a
new Section 160, as follows:
rendering first aid to sick or injured persons as prescribed by
the State Highway Department for its highway patrol vehicles,
such equipment to include materials for the application of
splints to fractures."
Section 6.
"161, Patrol Llotor Vehicles: shall mean the motor vehicles
used in law enforcement of the police department of the Village."
Section 7.
"162. IVrecker: a motor vehicle having a gross vehicle weight
Ordinance No. 191 is hereby amended by adding thereto a
new Section 161 , as follows:
Ordinance No. 191 is hereby amended by adding thereto a
new Section 162, as follows:
of 8,000 pounds or more, equipped with a crane and winch and further
equipped to control the movement of the towed vehicle."
.A 8/11/52
Section 8.
new Section 202.7, as follows:
11202.7.
Ordinance No. 191 is hereby amended by adding thereto a
kny person over 21 years of age who becomes a resi-
dent of the State of Z'linnesota and wino has in his possession a valid
driver's license issued to him under and pursuant to the lavrs of
some other state or province or by military authorities of the United
States may operate a motor vehicle as a driver, only for a period of
not more than 60 days after becoming a resident of this state, uithout
being required to have a L'linnesota driver's license."
i
Section 9.
new Section 204.7, as follorvs:
"204.7.
Ordinance No. 191 is hereby amended by adding thereto a
To use a false or fictitious name in any application
for a driver's license, or to knowingly make a false statement, or
to knowingly conceal a material fact or otherwise commit a fraud in
any such application."
Section 10.
tt2090 Chauffeur's License. No person shall drive a motor
Section 209 of Ordinance 110. 191 is hereby amended to
read as follons:
vehicle as a chauffeur upon the public streets or higheays of the
Village unless he be licensed by the Secretary of State of-the
State of I.:innesota, as provided by the statutes of this State,
except that a non-resident chauffeur, licensed under the provisions
of the law 02 the country, state, territory, province or district of
his residence, operating such motor vehicle temporarily within this
state not more than 60 days in any one year, and vhile having in his
immediate possession the license assigned Lo him a5 such chauffeur
in the country, state, territory, province or district of his resi-
dence, shzll ba e:.rtlmpt Zrom such license requirements."
read as folloas:
Section 11.
"210.3. Every employee- rho, in the course 0% his employment,
operates upon the streets or highways a trucl;, tractor or truck-
tractor, belonging to another, e>icept erqloyecs who, in the course(.
of their enploymnt, operate upon the streets or highvJays light
trucks classified as pick-ups, panels and sedan deliveries which
are used by 'iha di-iver in the fuetherance of some other and
principal occupation, crawler tractors, farm and industrial wheel
type tractors, self-loading motor scrapers, front end loaders,
motor graders, crawler mounted construction equipment, and farm
trucks as defined by section 159 of this ordinance, operated by
the owner or an immediate member of his family or an employee not
primarily for thha purpose of operating the farm trucl:."
Section 12,
"211, School BJS Drivers, Licenses. i!o person shall drive
Section 210.3 of Ordinance i!o. 191 is hereby amended to
Ordinance ijo. 191 is hereby arrisnded by adding thereto a
new Section 211, as follo::'~:
a school bus unless he has first obtained a school bus driver's
license From the Sacretary of State of the State of I.Iinnesota."
Section 301 of Ordinance i:o. 191 is hereby amended to read section 13,
If301. Ric!:less or Careless Driving.
11301.1.
as follovis :
Any person L%O drives any vehicle in such a manna
as to indicate either a wilful or a wanton disregard for the safety
of persons or property is guilty of reckless driving, and such
reckless driving is a misdemeanor."
punished upon a first conviction by imprisonment Por not less than
Zen days or by a fins of not less than $10 and, upon a second or
subsequent conviction, by imprisonment 2or not less than 30 days
or by a fina of not less than $25,
any street or highxay carelessly or heedlessly in disregard of the
rights or the safety of others, or in a manner so as to endanger,
or be likely to endanger, any person or property."
Section 303 of Ordinance 140. 191 Is hereby axended to
"301,2. Any person convicted of reckless driving shall bz
"301.3, 110 person shall operate or halt any vehicle upon
Section 14,
"303.
read as follcns: Ibtor Vehicle Drivers Under Influence of Drugs or
Alcoholic Beverage, It shall be unlawful and punishable as pro-
vided in this section for any of the following persons to drive,
operate or be in actual physical control of any vehicle within
this Village:
(a)
(b)
(c)
a person who is under the influence of an alcoholic
beverage or narcotic drug;
a person who is an habitual user of narcotic drugs;
a person WAO is under the influence of a combination
of any trio or more of the elements named in subsections
(a) and (b) hereof."
Section 15. Section 303.1 of Ordinance ?To. 191 is hereby anended to
read as fol1ows:
233 8/11/58
section shall be punished by imprisonment of not less than ten days
nor more than 90 days, or by a fine of not less than $10 nor more
than $100, and his driver's license shall be revoked for not less
than 30 days, except that every person who is convicted of a viola-
tion of this section, when such violation is found to be the proxi-
mate cause of grievous bodily injury or death ot another person,
shall be punished by imprisonment €or not less than GO days nor more
than 90 days, and his driver's license shall-be revoked for not less
than 90 days,
within three years of any previous conviction under this section shall
be punished by imprisonment for not less than ten days nor more than
58 days, and his driver's license shall be revoked for not less than
90 days.
section within three years of a previous conviction hereunder, and
he shall forfeit his bail, it shall be the duty of the prosecuting
attorney to immediately apply to the court for a bench warrant, and
thereupon the court shall forthwith issue a warrant for the arrest
of the accused."
Section 16.
"303.1. Every person who is convicted of a violation of this
"Every person who is convicted of a violation of this section
Whenever a person is charged with a violation of this
Section 304 of Ordinance 140. 191 is hereby amended to
read as follows:
tt3040 Evidence of Driving Under the Influence of Alcohol.
"Upon the trial of any prosecution arising out of acts alleged to
+ have been committed by any person arrested for driving, operating,
or in actual physical control of a motor vehicle while under the
influence of an alcoholic beverage, the court may admit evidence
of the amount of alcohol in the person's blood taken voluntarily
within two hours of the time of the offense as shown by a medical
or chemical analysis of his breath, blood, urine'or saliva."
Section 17.
tt304,1. For the purposes of this section:
(a)
Section 304.1 of Ordinance No. 191 is hereby amended to
read as folloas:
evidence that there was at the time 0.05 percent or
less by weight of alcohol in the person's blood is
prima facie evidence that such person was not under
the influence of an alcoholic beverage;
evidence that there was at the time more than 0.05
percent and less than 0.15 percent by weight of
alcohol in the person's blood is relevant evidence
but it is not to be given prima facie effect in in-
dicating whether or not the person was under the
evidence that there was at the time 0.15 percent or
more by weight of alcohol in the person's blood may
be admitted as prima facie evidence that the person
was under the influence of an alcoholic beverage.
(b)
' influence of an alcoholic beverage;
(c)
Section 18. Sections 304.2 and 304,3 of Ordinance No. 191 are hereby
reDealed.
Section 19.
"304.4.
§ection 304.4 of Ordinance 110. 191 is hereby amended to
read as follovis::
The foregoing provisions shall not be construed as
limiting the introduction or" any other competent evidence bearing
upon the question whether or not such person was under the in-
fluence of an alcoholic beverage,
an 'alcoholic beverage' means any liquid containing more than one-
half of one percent of alcohol by volume."
For the purposes of this section,
Section 20.
new Sectiohs 350;. 351 and 352, as follows:
"Section 350. Juveniles.
"351. Operation by Minors Limited. Any juvenlie under the
age of 17 is prohibited from driving a motor vehicle upon any
public street or highway between the burs of 12:OO Midnight and
5:OO P..I.!l., unless accompanied by an adult or in the case of
emergencye
of this ordinance shall have his driver's license suspended for
30 days.
suspended €or GO days.
such juvenile shall have his driver's license revaked until he
reaches the age of 17.
again apply for a driver's license,
Ordinance Dlo. 191 is hereby amended by adding thereto
"352. Violations. Every juvenile who violates Section 351-
Upon a second violation he shall have his driver's license
Upon a subsequent violation of Section 351,
After his 17th birthday, such juvenile may
Section 21. Section 403 of Ordinance IJo. 191 is hereby amended to
read as follows:
I 23% 8/11/58
"403. T~pedfng Traffic. Ilo person shall drive a motor vehicle
at such a slocr speed as to impede or block the normal and reasonable
novement of traffic except vhen reduced speed is necessary for safe
operation or in compliance with law. It shall be unlawful to drive
a motor vehicle at: a speed less than the minimum established by order
of the Cormissioner upon any portion of any street or highway
appropriately posted with reasonable and adequate signs stating
an established minimum speed."
Section 22.
"708.2.
Section 708.2 of Ordinance No. 191 is herkby amended to read as follows:
The driver of any motor vehicle drawing another
vehicle, or the driver of any motor truck, viien traveling upon a
roadway outside of a business or residence district, shall not
follow within 500 feet of another vehicle.
section shall not be construed to prevent overtaking and passing
nor shall the same apply upon any lane specially designated for use
by motor trucks.ll
Section 720.1 of Ordinance No. 191 is hereby amended
The provisions of this
Section 23.
"720.1. Stop on Signal.
to read as follows:
The driver 02 a vehicle upon a street
or highway, upon meting or overtaking from front or rear any school
bus wiiich is stopped on the street or highway for the purpose of re-
ceiving or discharging any school child or children, shall stop the
vehicle inmediately upon the extension of a stop signal arm and a dis-
play of flashing red signals by the school bus driver and shall remain
stopped until the school bus driver retracts the b2op signal arm and
extinguishes the flashing red signals.
equipped with a stop signal arm and flashing red signals of a type, and
actuated in a manner, approved by the State Board of Education and
Commissioner of Highways, which shall be used only vhen the school
bus has stopped.on a street or highway for the purpose of receiving
or discharging any school child cr children.
Section 720.2 of Ordinance 140. 191 is hereby renunbered
Section 720 of Ordinance IJo. 191 is hereby amended by
Every school bus shall be
Section 24.
Section 25.
"720.2,
Section 720.5.
adding thereto a new section 759.2, as folloris:
The driver/a school bus shall not use or extend
the stop signal arm and flashing red signals in the built-up areas
of the Village winere passengers are to be loaded or unloaded from
a curb or sLdewalk or in special bus loading areas, except that the
stop signal arm and flashing red signals shall be used an streets'
vhich are not provided with curbs or sidewalks, or &ere thhe width
of the roarhay is so restricted, obstructed or in such condition
that the school bus must stop on a traveled lane or lanes of the
roadaav. I'
Section 26. Section 720 of Ordinance i.Jo, 191 is hereby amended by
addinq thereto a nevi Section 720.3, as follovis: - "720.3. School Children Crossing. l'lhere school children
must cross the road before boarding or after being discharged from
the bus, the driver of a school bus or a school bus patrol may
supervise such crossings, making use of the standard school patrol
flag or signals as approved and prescribed by the Commissioner."
Section 720 of Ordinance 110. 191 is hereby amended by Section 27.
"720.4.
adding thereto a nen Section 720.4, as follows:
Divided Roadways. The driver of a vehicle upon a .
street or highway with divided roadways need not stop upon meting
or passing. a school bus ctilich is upon a different roadway."
Section 722.1 of Ordinance r!o. 191 is hereby amended Section 28,
"722.1,
to read as follVi;s:
i!o person shall throw or deposit upon any street or high-
nay any glass bottle, glass, nails, tacks, wire, cans, or any other
substance likely to injure any person, animal or vehicle upon such
street or hig'n:.m,r or upon any public or privately omed land adjacent
thereto rrithout the owner's consent."
Section 29.
ff401. Approaching Uncontrolled Intersection. Tihen tr.10 vehicles
enter an uncontrolled intersection from different streets or highways
at approsimately the same time the driver of the vehicle on the le2t
shall yield thhe right-of-way to the vehicle on the right."
Section 901 of Ordinance iIo. 191 is hereby anended to
red as fnllov~s:
Section 30.
Section 31.
"913.5.
erected and maintained at a place other than an intersection the
provisions o? these sections are applicable except those vhich can
have no appllcation. iiny stop required shall be made at a sign or
marking on tha pavement indicating where the stop shall b2 made,
but in the absonc2 oE any such sign or marking the stop shall be
made at the signal.11
Section 902 of Ordinance Ilo. 191 is hereby repealed,
Section 913.5 of Ordinance i!o. 191 is hereby amended
to read as follons:
In the event an official traffic-control signal is
a 32
283 &/11/5€
Section 32, Ordinance 1\10. 191 is hereby amended by adding thereto
"915. The driver of a vehicle approach-
ing a YIELD RIGHT OF NAY sign shall slow to a speed that is reasonable
for conditions of traffic and visibility, and stop if necessary, and
yield the right of way to all vehicles on the intersection, street or
highway vhich are so close as to constitute an immediate hazard,"
a new 'Section 915, as follows: I Yield Right of !'Jay Sign.
Section 33. Section 1504 of Ordinance No. 191 is hereby amended to
"1504.. Height of Vehicles. IJo vehicle unladen or with load
read as follows:
shall exceed a height of 12 feet six inches, except that the height
of unenclosed transport carriers used exclusively for hauling niotor
vehicles shall not exceed 13 feet six inches. when loaded,"
Section 34. Section 1505.2 of Ordinance No. 191 is hereby amended
"1505.2. Length of Combination- No combination of vehicles
to read as follows:
coupled together unladen or with load, including truck trailers and
semitrailers shall consist of more than two units and no such com-
bination of vehicles shall exceed a total length of 50 feet, provided
that this limitation shall not apply to the transportation of tele-
graph polesI telephone poles, electrical light and power poles or
piling, and subject to the following further exceptions: Said length
limitations shall not apply to
(a) vehicles when transporting pipe, or other objects by a
public utility when required for emergency or repair of
public service facilities or when operated under special
permits as provided in this section, but in respect to
night transportation every such vehicle and the load
thereon shall be equipped with a sufficient number of
clearance lamps and marker lamps on both sides and upon
the extreme ends of any projecting load to clearly mark
the dimensions of such load;
house trailers or mobile homes when coupled with a motor
vehicle, but such combination shall not exceed 55 feet in
length.
transportation of combinations of vehicles exceeding the
limitations herein contained over highways, roads or
streets within its boundaries."
(b)
The Village may issue permits authorizing the
Section 35,
read as follows:
"1602.
Section 1602 of brdinance No. 191 is hereby amended to
PJo vehicle or combination of vehicles equipped with
pneumatic tires shall be operated upon the highways of this state
where the total gross weight on any group of two or more consecutive
axles of any vehicle or cgmbination of vehicles exceeds that given
in the following table for the distance between the centers of the
first and last axles of any group of two or more consecutive axles
under consideration; the distance between axles being measured longi-
tudinally to the nearest even foot, and when the measurement is a
fraction of exactly one-half foot the next largest vfnole number in feet
I
shall be used, except that when
three feet four inches and less
of four feet shall be used:
Distance in Feet
Between First and
Last Axles of Any
Group
4
5
6
7
E
9
10
11
12
13
14
15
16
17
13
19
20
21
22
23
Maximum Gross
Weight in
Pounds Allowed
on Any Group
329 000
32; 000
32,000
32,000
33,000
34 000
35 000
35 000
37,000
39,000
41 000
42,200
43 , 400
44,600
45, EO0
47,000
4E 9 200
49 , 400
50,600
51,800
the distance between axles is more than
than three feet six inches the distance
Distance in Feet
Between First and
Last Axles of Any
Group
24
25
26
27
26
29
30
31
. 32
33
34
35
37
32
39
40
41
42
43 or more
36
Maximum Gross
Weight in
Pounds Alloinred
on Any Group
53,000
54; 200
55 400
56,600
57 EO0
59,000
60,000
61 9 000
62 , 000
63,000
64,000
65,000
66,000
67 000
68 000
69,000
70,000
71 000
72,000
72,500
5/11/55 "I!o four consecutive axles on a five axles combination of vehicles
shall exceed GO, COO pounds.
"In all cases vlhere gross weights in an amount less than in Viis
subdivision set forth are fixes, limited or restricted on any highmy
or bridge by or pursuant to any other section of this ordinance such
lesser gross weight as so fixed, limited or restricted shall not be
exceeded-and in such case shall control instead of the gross neights
in this subdivision set forth,"
Section 36.
"1603-1. Then all the axles of a vehicle or a combination of
Section 1603 of Ordinance 140. 191 is hereby amended by addirhg thereto nev; Sections 1603.19 1603,2 and 1603.3, as follovrsz
vehicles are v;eighed separately the sum of the wights of the axles
so weighed shall be esidence of the total gross weight of the vehicle
or combination of vehicles so weighed.
or more consecutive axles of a vehicle or combination of vehicles
have been'neighed separately the sum of the weights of the axles so
weighed shall be evidence of the total gross weight on the group of
axles so weighed.
"1603.3.
of a vehicle or codination of vehicles any axles have been weighed
separately and t-rrr or more axles consecutive to each other in said
group have bzen weighed together, the sum of the weights of the axles
weighed separately and the axles weighed together shall be evidence
of the total gross weight of the group of axles so vreighed."
"1603.2. %'hen each of the axles of any group that contains two
::'hen, in any group of three or more consecutive axles
Section 37. Section 1607 of Ordinance No. 191 is hereby amended to
"1607. 'Jeighing. :'my police officer having reason Lo believe
read as follo~~s:
that the weight of a vehicle and load is unlavrlul is authorized to
require the driver to stop and subinit to a neighing of the same either
by means of portable or stationary scales, and may require that such
vehicle be driven to the nearest public scales in the vent such scales
are within five miles."
Section 38.
"1607.1.
Section 1607.1 of ordinance Ido. 191 is hereby amended
to read as follovrs:
::hen an officer, upon weighing a vehicle and load,
as above provided, determines that the weight on any axle exceeds the law-
ful gross vjeight as provided above by 2,000 pounds or more, or vhen the
wieght of any group of 'UJO or more c'onsecutive axles in cases where the
distance between the centers of the first and last asles of the group
exceeds the lawful gross weight prescribed above by 4,000 pounds or more
and in all cases v?nen the weight is unlawful on any axle or group of
consecutive axles on any road restricted in accordance with Section 1609
of this ordinance, he may require the driver to stop the vehicle in a
suitable place and remain standing until such portion of the load is
removed as may be necessary to reduce the gross weight of such vehicle
to such limit as permitted under this ordinance.
shall be cared for by the owner or driver of such vehicle at the risk Of
such ovrner or driver."
Section 39.
All material so unloaded
).
Secticn 1608.2 of Ordinance No. 191 is hereby amended to
read as folloas:
1'1608.2. The Village engineer is authorized to issue or withhold
such permit at his discretion; or, if such permit is issued, to limit
or prescribe conditions of operation of such vehicle or vehicles, vhen
necessary to assure against undue damage to the road foundations,.sur-
as may be deemed necessary to compensate for any injury or damage to
any roadway or read structure and in addition may require that the
operator or owner of such vehicle or vehicles have in effect nith re-.
spect to the operation of such vehicle or vehicles a policy of liability
insurance or bond affording substantially the same coverage with re-
spect to injury to persons and'damage to property as is required for
proof or" financial responsibility under the Safety Responsibility Act
of the State 02 IJinnesota."
2 laces or structures, and may require such undeztaking or other security
Section 4.0.
"1609.1.
Section 1609.1 of Ordinance ?!o. 191 is hereby amended
to read as follons:
The Village engineer shall erect or cause to be erected
and maintained signs plainly indicating the prohibition or restriction
at each end of that portion of any highv:ay affected thereby, and the
prohibition or restriction shall not be effective unless and until such
signs are erected and maintained." Section 1703.1 of Ordinance I:o. 191 is hereby amended Section 41.
"1703.1.
to read as folloxs: Every motor vehicle, other than a motor-cycle, shall be
equipped uith at least t~ head lamps, with at least one on each side
of the front of the rilotor vehicle, which head lamps shall comply with the requirements and limitations set forth in this ordinance."
G/ll/5S Section 42.
"1704.1. Rear Lamps. Every motor vehicle and every vehicle
Section 1704.1 of Ordinance :Joe 191 is hereby amended 286 to read as follows:
which is being drawn at the end of a train of vehicles shall be equipped
with at least one tail lamp, exhibiting a red light plainly visible
from a distance of 500 feet to the rear. On and after January 1, 193E9
no person shall sell or operate any new motor vchicle, trailer or semi-
trailer unless %he rear lamp thereon is mounted and loca'ied on the rear
withi3 20 inches from the extreme left edge and not less than 20 nor
more than 72 inches from the surgace upon which the vehicle standsg unless
the use or construction of the vehicle makes such location impracticablc."
Section 43. Section 1707.1 of Ordinance !No. 191 is hereby amended
"1707.1.
to read as folloss:
When a vehicle is parked or stopped,upon a street or highway or shoulder adjacent thereto during the times tlrhen lighted
lamps on vehicles are required it shall be equipped with one or more
lamps which shall exhibit a white light on the roadway side visible
from a distance of 500 feet to the front of the vehicle and a red
light visible from a distance of 500 feet to the rear, except that
no lights need be displayed upon a vehicle when stopped or parked
upon a street or highway where there is sufficient light to clearly
reveal any person or object within a distance of 500 feet upon the
street or highway,"
Section 44. Section 1714*2 of Ordinance 110- 191 is hereby amended
"1714.2, There shall be a lowermost distribution of light, or
to mad as follovvs:
composite beam, so aimed and of sufficient intensity to reveal persons
and vehicles at a distance of at least LOO feet ahead; and on a
straight level road under any condition of loading none of the high
intensity portion of the beam shall be directed to strike the eyes of
an approaching driver,"
Section 45. Section 1714,3 of Ordinance 1\10. 191 is hereby repcaled.
Section 46.
"1714.3,
Section 1714.4 of Ordinance Moo 191 is hereby renumbered
Section 1714.3 and amended to read as follotlrs:
All road light equipment manufactured and installed
on and after January I, 193g9 shall be so arranged that when any
beam is used which is not in conformity with Section 1714.2 of this
ordinance, neans shall be provided for indicating to the driver vhen
such beams are being used,"
Section 47. Section 1719.3 of Ordinance No. 191 is hereby amended
"1719.30 Trailers, Semi-trailers, Tank Trailers. Every trailer,
semi-trailer, or other vehicle of a gross weight of 1,500 pounds or
more, when drawn or pulled upon a street or highway, shall be equipped
with brakes adequate to control the movement of and to stop and to
hold such vehicle, and so designed as to be applied by the driver of
a tovring motor vehicle from its cab, except
to read as follovrs:
(a) trailers owned by farmers when transporting agricultural
products produced on the owner's farm or supplies back to
the farm of the owner of the trailer;
custom service vehicles drawn by motor vehicles equipped
with brakes capable of stopping both vehicles within the
distance required by law for vehicles with four-wheel
brake s j
trailers or semi-trailers when used by retail dealers
delivering implements of husbandry;
tank trailers not exceeding 89500 pounds gross weight
used solely for transporting liquid fertilizer or gaseous
fertilizer under pressure when hauled by a truck capable
of stopping with loaded trailer attached in the distance
specified by Section 1720 of this ordinance for vehicles
equipped with four-wheel brakes, providing the gross weight
of such trailer or semi-trailer other than those described
in clause (d) when drawn by a pleasure vehicle shall not
exceed 3,000 pounds, or when drawn by a truck or tractor
shall not exceed 6,000 pounds, and except disabled vehicles
towed to a place of repair."
(b)
(c.)
(d)
Section 48.
tt171904
Section 1719-4 of Ordinance No. 191 is hereby amended
to read as follows: Every new motor vehicle, trailer, or semi-trailer,
hereafter sold and operated upon the streets or highways shall be
equipped with service brakes upon all wheels of every such vehicle,
except that any motor-cycle, any semi-trailer 09 less than 1,000
pounds gross weight, a third wheel, of a swivel type, on a house
trailer, a temporary auxiliary axle attached to a motor vehicle
during the period of road restrictions for the purpose of relieving
weight of another axles when the temporary auxiliary axle and the
nerl axle to be relieved do not exceed the combined gross weight or"
8/11/58
lS9O0O pcunds, and that Yna vehicle to which such tezporary a:,.le
is a-ttached meets tha brake requirements of this ordinance, need
not be equipped with brakes."
236
Section 49.
"1719,5.
Ordinance ?lo. 191 is hereby amended by adding thereto
a new Section 1719.5, as follovs:
20 person shall have for sale, sell or ofsrer for
sale for use in motor vehicle brake systems any hydraulic brake
fluid, unless 02 a type or brand approved by the Corimissioner.
Any person violating the provisions of this section shall be guilty
of a misdemeanor."
\.
Section 50.
"1722. i.hffflers. Every motor vehicle shall at all times bs
Section 1722 of Ordinance i:o. 191 is hereby amended to read as fol1or.r~:
equipped 1-fith a muffler in good working order which blends the
exhaust noise into the overall vehicle noise, and is in constatlt
operation to prevent excessive or unusual noise, and no person shall
use a muffler cutout, by-pass or similar device upon a motor vehicle
upon a street or highnay. The exhaust system shall not emit or prG-
duce a sharp popping or crackling sound*
at all times be equipped nith such parts and equipment so arranged
and kept in such state of repair as to prevent carbon monoxide gas
from entering the interior of the vehicle,"
Section 1722 of Ordinance Xo. 191 is hereby amended by
adding thereto a new Szction 1722.1, as follows:
Every motor vehicle shall
Section 51.
"1722,l. iIo person shall have for sale, sell or offer for sale
or use on any motor seiiicle any muffler that fails to comply with the
specifications as required by the Commissioner."
Section 52. Section 1724.1 of ordinance 2Jo. 191 is hereby amended
to read as follor~s:
"1724.1. l!o person shall drive or operate any motor vehicle
with a aincishield crac1;od or discolored to an extent to limit or
obstruct proper vision, or vjith any sign, poster, or other non-transparent
material upon the front nindshield, sidewings, side or rear vhclors of
such vehicle, othar than a certificate or other paper required to be
so displayed by lae, or authorized by the state director of civil
defense."
Section 53,
1'1722. Bunpers, Safeguards. All motor vehicles shall be
equipped with front and rear bumpers or with front bumpers and with
rear reflectors, as herein provided, and all trailers and semi-
trailers I:leighing nore than 1,500 pounds shall be equipped with rear
bumpers or v:ith rear reflectors, as herein provided. Such bumpers
&aLl 5s securely attached to the frame thereof, and shall extend
beyond the extreme front and rear points, respectively, of such
vehicles.
20, nor less than 14, inches from the ground &en the vehicle is un-
loaded, provided that two rigid cross-bars may be attached to any
bumper to extend it so that it will reach into a point v;ithin the
required height Srom the ground.
and sold after July 1, 1955, having a rear platform or tailboard more
than 20 inches above the groundg except public utility trailers used
for hauling reels of cable or wire, pole trucks, dump trucks, and farm
trucks as defined in Section 159, and trucks and semi-trailers
transporting logs, pulpwood and other raw and unfinished forest pro-
ducts from the place of production to an assembly yard or rail bead
hen such transporation constitutes the first haul thereof, are re-
quired hen operating upon the highnays or streets, to have rigid
rear saffeguards, so constructed as to prevent any part oE another
motor vehicle from penetrating the area immediately below such rear
platform or tailboard, vhen such tailboard is in a vertical position."
Section 172E or" Ordinance 110. 191 is hereby amended to
read as folloas:
The center point of such bumpers shall be no?; more than
11111 trucks and trailers manufactured
Section 54. Ordinance ih. 191 is hereby amended by adding thereto a
new section 1733, as Eollovrs:
"1733. ELig Deflectors. Bug deflectors shall be permitted but not
required on motor vehicles.
for sale, or used, wiiich exceeds 50 square inches or vtnich is composed
of other than a non-illuminated transparent material."
No bug deflector shall be sold, offered
Section 55.
"1734. Patrol [rehicles - First Aid Equipment. Every patrol
Section 56.
"1735. ','Jheel Flaps on Trucks and Trailers. Every ?;ruck, trailer
and semi-trailer, except pole trailers and rear-end dump trucks, shall
be provided with vheel flaps or other suitable protection above and
beyond the rearmost vheels of the vehicle or combination of vehicles to
Ordinance 140. 191 is hereby amended by adding thereto a
neyr Section 1734, as follows:
motor vehicle shall be equipped with and carry first aid equipment."
Ordinance i:o. 191 is hereby amended by adding thereto a
neu Section 1735, as f01lov:s:
8/11/58
prevent2 as far as practicable, such wheels from throwing dirt, water
or other materials on the windshields of vehicles rvhich follow. Such
flaps or protectors shall have a ground clearance of not more than one-
fifth of the horizontal distance from the center of %he rearmost axle
to the flap under any conditions or loading or operation of the motor
vehicle and shall be at least as wide as the tires they are protecting."
Section 57. Section 1908 of Ordinance 140. 191 is hereby amended
''1908, Lighting Equipment. Every bicycle vhen in use at night-
time shall be equipped with a lamp on the front vhich shall emit a
w-iike light visible from a distance of at least 500 feet to the front
and with a red reflector on the rear of a type approved by the depart-
ment vhich is visible from all distances from 50 feet to 300 feet to
ths rear vhen directly in front of lawful upper beams of head lamps on
. a motor vehicle. A lamp emitting a red light visible from a distance of
500 feet *to the rear may be used in addition to the red reflectorsoll
to read as I-"ollows:
Section 58, This ordinance shall be in effect from and after its
passage and publication according to law.
Islotion for waiver of second reading and adoption of 0rd.inance as submitted,
was seconded by Kohler, and on Rollcall there were five ayes and no nays, as
follows: Bank, aye; Dickson, aye; Kohler, Tup, aye; and Bredesen, aye;
and the Ordinance was adopted,
BICYCLES ALLOYED ON SIDEWALKS.
making youngsters ride their bicycles in the streets, advocating that they be
permitted to ride on the sidewalks to get away from vehicular traffic. Present
Ordinance was reviewed, and it was noted that bicycles are allowed on sidewalks
as long as they do not interfere with pedestrians.
publicity be given the termsof this ordinance, inasmuch as most people are not
aware of its terms and it is definitely dangerous for the smaller youngsters to
ride in the streetso
Trustee Tupa:aquestioned the advisability of
Ak. Tupa asked that some
COTJDEM4ATION OF EASEMENT FOR- SOUTH BLAKE ROAD AUTHORIZED.
that an agreement has not yet been reached with bhr. Lewis Jones, for the ease-
ment for south Blake Road; that ME. Jones asks for complete relief from all
future assessments for improvements along this street--which, in Mr. Hyde's
opinion is not equitable, especially since Iz%, Jones' property is zoned
"Community store". He stated that the sewer project cannot be completed until
an easement is received. He recommended that Council initiate proceedings for
condemnation, and Kohler so moved. !:lotion seconded by Tupa and carried. '
Manager Hyde reported
I-IEbIIEPItbJ COUNTY PARK RESERVE DISTRICT'S Notification of Allocation of $1,753.92
as Edina's portion of District's 1959 budget was received. Finance Director
Dalen recommended that this amount be paid as a contribution from the Liquor
Dispensary Fund, rather than added to the General Levy,' Trustee Koiiler asked
%hat records show in detail any transfers from the Liquor Dispensary Fund, so
that taxpayers may know just vhat the profit has-been. .He was informed that
this is being done, Bank's motion that allocation be paid from General Fund
was seconded by Dickson and carried.
WEST SHORE DRIVE-UPPER TERRACE IMPROVEMENTS DISCUSSED.
that the Village is having difficulty maintaining Nest Shore Drive and Upper
Terrace after each rain, He recommended Public Hearing just as soon as possible
on CURB, GUTTER AND BLACKTOP for vjest Shore Drive from Dunberry Lane to Laguna
Drive and for Upper Terrace from southcrest Drive to l,!iest Shore Drive; and on
EXTENSIOid OF STORIA SEjJER in Viest Shore Drive from BalfanZ Road to Upper Terrace.
Kohler's motion, that Council schedule Hearings on its own motion and at the
Engineer's earliest convenienceyon these improvements, was seconded by Tupa and
carried.
Manager Hyde told Council
CHANGE Dl HEflEIII,'GS DATES COPJFIRMED.
be changed as follows:
Tupa * s motion that scheduled public
1. hblic Hearing on Assessment for Sanitary Sewer Improvement No.
Changed from AU~US~ 1s to .4uyus-t 25
he ar i ng s
C-1
8/11/58
2. Ilearing on "i:ultiplc. Zoning iaenclment" to Zoning Ordinance - Changed from
August 25 LO August 18.
was seconded by Kohler and carried,
FUEILIC HEAllIKG OP' PZOFOSED "XJLTIFLE D;;IELLIP:G" ZOI!II:G FOR PE@,CE PROPERTY TO E2
t
E.:O;IDAY, SEPTETBtF; 8. Attorney L. Ackman, representing the Msses Pearce,
reviewed for council the proceedings to this point, on the plat presented by
I.lisses Pearce for Council consideration, and their request for rezoning of the
property. bir. kclaan urged Council to hold a hearing as first suggested (on
"Regional Shopping" zoning' for the South 600 feet and "Liultiple Dwelling" Zoning
on the balance of the property), but asked that it be deferred somewhat. He
asked - 1. That Council hold the Hearing; 2, That Council approach it with the
openness of mind that makes preparation by land owners worthvhile; and 3o That
the uses requested by the LIisses Pearce be considered as the proper uses of the
land, for the people who use the Village and for the people in it.
members Bredesen and Ban!: reviewed their objections to the rezoning of part of
the Pearce property (and Southdale, Benson and Bourne tracts) for regional
shopping, based on the original plan for over-all development of this area.
G?. IEohler told Lll. jhcknan that no plan for size or type of office building
has been presented for the tract requested to be rezoned.
the 6Gth street traffic flow needs considerable study in relation to any further
office buildings in the area, and he believes ne are premature in zoning
"regional shopping" at this time--but that his mind is open for a hearing if
Lii. Ackman and his clients want it.
building for a particular purpose were presented for approval it would receive
more consideration than if the rezoning request is presented viith sale of
property in view. To i.2. Ackman's question, "Am I to understand that there is
no reason for a hearing on Regional Shopping Zoning?" he was answered, "Iht as
the matter stands, now."
this area, Xr. @.man said he doubted if the Pearce petition €or multiple
dwelling zoning will remain, if Council decides that commercial zoning is not
to be permitted. Iiiss Katherine Pearce told the Council that real estate
people will not touch the land for purchase until the zoning is ascertained.
Some further discussion was had, and Bank moved that Public Hearing be scheduled
, for !.:onday, September E., at 7:OO P.ki., on proposed rezoning to "Liultiple Dwelling"
zoning of the entire Pearce tract.
CLA1L;S PAID.
August 11, 1958, as follows, was seconded by Tupa and carried:
Council
He stated he feels
Trustee Dickson stated that if a particular
At one point in the discussion on the land use for
Motion seconded by DiCkSOn and carried.
Hotion by Dickson, for approval of Claims as pe*r Pre-List dated
General Fund $6,729 e87
Construction Fund 1,285 -50
:Ja t erwor k s Fund 1,784.71
Liquor Fund 14,502.66
Park 8 Park const. 39383.68
Semr Rental Fund 98.10 ..
Poor Fund ' 2 9421 65
$30,206.17
OFFICIALS FOF: SEPTEJBER 9TH PRII.MiiY ELECTIOrJ APFOIFI'ED. Clerk presented roster
of proposed Election Judges for the September 9th Primary, and Kohler moved for
appointment of the following:
DISTRICT ;IO. 1 - :.hes. Llarie Dyregrov, Idarj orie IJcCall, IJarjorie Rossiter,
Camille Kortun, Ethel Lin!:, ;.%bel Tupa and Grace Odell (Alternate) !&so Gertrude
Perlich,
DISTRICT €10. 2 - Lhes. I*!ellie Strate, Frances sonnenb5rg, Helem 12. Hall,
Betty KSSS, Dorothea Obermeyer, and Shirley Taylor.
DISTRICT iI0. 3 - ihes. Ida Smith, Ruth Volk, Ruth Zipoy, Edith T:raste,
Audrey Berglund and Ell2 Sweeney.
DISTRICT i!O. 4 - Xnes. Eleanor Oren, Liildred Bagley, Gladys Vieth, Olga
Hintz, Hilda Sievsrtson, Florence Hallberg and Loretta Landree.
DISTRICT i:O. 5 - :.hes, Lucille Armndson, Frances t,'{ood, Lil Gesler, Flora
Berkmoes and Gladys Cameron.
DISTRICT IIO. 6 - :.:~es. Olga Bye, E,L. Xotilin, Zyrtle Gyhr arid Ida 1:at:ela.
(Alternate) I',"ics. Hilma Spencer.
DISTRICT i;O. 7 - Lhes. I.;ildred Jones, Lela Hagen, Louise Liyers and Christine
IAor ford,
Motion seconded by Dickson and carried:
COi.~Pi,ZXIlT TO FIIGJCE DIRECTOR DiLEiJ. lanager I.lyde reported Kr. Dilen' s completion
of CPA examinaticn; and Kohler offered the fo1lal:ling 1:esolution and moved adoption:
RE3i)LUTiOi: COiPLI;L;E :TIi :G FiL'iI XE DIRECTUI:
BE IT RESOLVED by Zhe yillage Codncil of the Village of Edina, that Finance Director
J.;!. Dalen be cometideti and cmplimented for the zdvancement in his profession
evidenced by his passing the examination for "Certified Public Accountant".
and no nays as Pollu~s: Bank, aye3 Dickson,
;Jotion for ~d~ptio~i nas seconded by Ban!:, and on 1;ollcall there wrc five ayes
Tups rlR3ved for a~jdlLriXXXlt to j.:Onday, tiugust 1&, a.t 7:03 Po;:. Bank and carried. iJotion seconded by
11 Xe2ting adjourned 10:30 p.!~,