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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.!~,