HomeMy WebLinkAbout19610424_regular4/24/6 I. 27
MINUTES OF THE REGULAR MEETING OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY, APRIL 24, 1961,
AT 7:OO P.M., AT THE EDINA VILLAGE HALL
-,
Members answering Rollcall were Dickson, Tupa, VanValkenburg and Bredesen.
h
CERTIFICATE OF ACHIEVEMENT PRESENTED TO POLICE LT. HENRY IJROBLESKI. Mayor
Bredesen presented Police Lt. Henry Wrobleski with Certificate of Achievement
from International City Manager's Association.
MINUTES of Meeting of April 10, 1961, were approved by motion Dickson, seconded
by Tupa and carried.
PUBLIC HEARINGS ON PROPOSED STREET IMPROVEMENTS.
Publication in Edina-Morningside Courier April 13 and 20, 1961, of "Notice of
Public Hearings on Watermain, Concrete Curb and Gutter, and Permanent Street
Surfacing and Curb", and reported the mailing of notices of hearings on these
proposed improvements to affected property owners. Affidavit was approved as
to form, and pursuant to said Notice, the following Public Hearings were
conducted, and action taken as hereinafter reported.
CURBING:
that, to secure the best possible bids on the projects proposed, the Village has
combined the streets proposed to -be improved into two groups, based generally on
types of soil and amounts of excavation and fill needed to prepare streets for
surfacing. He told the group that the Council will not decide tonight the
type of improvement to be installed; that, on June 12, bids will be received on
two types of surfacing - 1. Bituminous Surface Treatment with Concrete Curb
and Gutter; and - 2. Concrete Paving with Integral Curb; that, at that time,
the Council will make its decision between the two on the basis of relative
costs. In this latter connection, Mr. Hyde reported that the Village will pay
ten percent of the cost of the proposed Concrete Paving, should the decision be
for this type of surfacing, because Council feels maintenance costs are at least
ten percent less than with the Bituminous Surface Treatment.
heard comments from those interested in the Proposed Construction of Permanent
Surfacing and Curbing in the group of streets designated on the Agenda for this
Meeting as "Group If'.
listing Estimated Cost per Street, providing each of the street groups numbered
1 through 12 below is considered a separate street improvement and bids are
taken separately for each; together with an Estimate of
the latter being a Total of $237,524.16, or $7.90 per Assessable Foot for Bituminous
Surface Treatment with Concrete Curb and Gutter, or $222,143.48, or $7.68 per
Assessable Foot for Concrete Pavement with Integral Curb.
asked for comments from those interested; and, for the purpose of these minutes,
comments received will be listed, and action recorded in the order in which the
various streets proposed to be improved were listed on the agenda for this meeting.
A-1 - Larkspur Lane from Hwy.#lOO to Trillium Lane; Aspasia Lane from
Hwy.#lOO to Larkspur Lane; Trillium Lane from Hwy.#lOO to Larkspur Lane; Lantana
Lane from Hwy.#lOO to Trillium Lane. Mr. William H. Gallup, 4809 Trillium Lane,
told Council tIiat at the time the petition was circulated for street improvements
at least 50% of the property owners were in favor of Concrete Paving, without
Munore, 4805 Aspasia Lane, asked if contract will include connection with private
driveways. Manager Hyde told him that contract will include only pavement to the
curb line, and radius return; that this leaves a gap of some eight to ten feet,
which is the responsibility of the property owner. Asked if the Village could
negotiate this work, Mr. Hyde stated that the Village can get a price from the
contractor but does not want this as part of the contract.
objections to the proposed improvement.
Ordering Improvement, etc.)
Trillium,Lane from Zlibiscus Ave. to Larkspur Lane; Monardo Lane from Hibiscus Ave.
to Trilsium Lane; Phlox Lane from Hibiscus Ave. to and including turn-around.
Mr. E. C. Stow objected to surfacing, now, while there are many lots in the
area still unimproved. Manager Hyde told Council that, because of a contract
with the developers--which requires street surfacing by the developers within
two years of installation of sewer and water--he would suggest that this proposed
project be elimiqated from "Group 1" until such time as negotiations are
concluded with the developer. He told Council Hearing had been initiated
pursuant to requests from property owners. for the improvement. Mr. J. H.
Thompson, 4813 Hibiscus, told Council that he and his neighbors have paid a
$600 deposit for street surfacing; that they want the work done. Mr. Stow
told Council that he is still owner of more than 51% of the property.
motion eliminating this proposed improvement from "Group I" pending negotiations
with developers for its inclusion, was seconded by VanValkenburg and carried.
Clerk presented Affidavit of
1. PUBLIC HEARINGS ON PROPOSED CONSTRUCTION OF PERMANENT SURFACING AND
With the use of a Vu-Graph Slide, Manager Hyde explained to the audience
A. "GROUP I". After the foregoing preliminary explanation, Council
Copies of costs had been mailed with Notices of Hearings,
Cost for entire "Group I",
Mayor Bredesen then
knowing the cost; that he feels this sentiment still prevails. Mr. 14arahall L
There were no
(See Resolution of later in Meeting,
A72 - Hibiscus Ave. from Hwy.#lOO to 148' E. of West Shore Drive;
fi
Dickson's
28 I 4/24/6 i
d
A-3. Tower St. fromWooddale Ave. to St.Johns Ave. No objections were
registered at the Hearing, and none had been received prior thereto.
Resolution of later in Meeting, Ordering Improvement, etc.)
Mr. Nat Johnson,
5412 Halifax Lane, spoke in opposition to the improvement, stating that the entire
"Southridge" group opposes.
street; that curb is needed., One gentleman spoke in favor of project, saying he
is tired of living in dust and mud. Question'),was raised as to whether an opposing
/petition, to be presented at next meeting, is !in order, the statement being made
that many of those who signed the substantial petition in favor have changed their
minds after receiving Estimate of Cost.
Ordering Improvement, etc.)
at the Hearing; none received prior thereto.
(See ;r
A-4 - Halifax Lane from W.54th\St. to Woodland Circle.
It was pointed-,>out that there is a steep grade on this
(See Resolution of later in Meeting,
I A-5 - Abbott Ave. from V.60th'St. to l7.62nd St. No objections registered
(See Resolution of later in Meeting,
L Ordering Improvement, etc.)
A-6 - l?est Shore Drive from l?.66th St. to Laguna Drive; Lagune Drive
A-11- Balfanz Road from West Shore Drive to existing Blacktop.
Mr. Hyde told Council and audience that petition has been tendered for the West
Shore Drive portion of the proposed improvement;
/from West Shore Drive to existing Blacktop; and
that requests for the QJO short
,strips have been received from the Creston Hills Association; that becauseeall 5/ surrounding streets are bituminous-surfaced, these streets will undoubtedly be
the same type of surface. No objections registered at Hearing.
of later in Meeting, Ordering Improvement, etc.)
A-7 - Tingdale Avenue fromlJ.6Oth St. to Benton Ave. Mr. Baldwin, 5825
Tingdale, asked that Council defer judgment on this project until after Hearing
J .has been held on the proposed Watermain for the same street, and was informed
that, should watermain hearing prove to be adverse to construction, street improve-
ment action could be changed at that time.
Ordering Improvement, etc.) (See Watermain Hearing for further objections).
Group was told
that Tyler Court cannot be considered for Concrete Paving because water is not
registered. (See Resolution of later in Meeting, Ordering Improvement, etc.)
6720 Valley View Road, asked that this proposed street improvement be delayed
until after installation of Sanitary Sewer; and Mr. Hyde reported that negotiations
are now going forward for the necessary sewer easements; that he would recommend
postponing this project in accord with Mr. George's request. Dickson's motion, f' that Valley View Road in Scotland Heights be eliminated from proposed "Group I"
projects was seconded by VanValkenburg and carried.
A-10 - Chapel Drive from Antrim Road to Chapel Lane; Chapel Lane from
Chapel Drive to Valley View Road. Mr. Ronald Swanson, 6013 Chapel Drive, asked
concerning specifications on both types of proposed surfacing; was informed by
Captain Gans that specs could be reviewed in detail in the office at Mr. Swanson's
installing curb and gutter; was told by Mr. Hyde that the Village is urging
curb and gutter in more and more locations, for street preservation.
Resolution of later in Meeting, Ordering Improvement, etc.)
(See Resolution
(See Resolution of later in Meeting,
A-8 - Tyler Court fromMaloney Avenue to Cul-de-sac.
* in the street at the present time, and is not available. There were no objections If,
. A-9 - Valley View Road in Scotland Heights Addition. Dr. V. P. George,
I
l//'convenience. Another owner, objecting to costljl inquired as to necessity for
(See
A-12 - St.Johns Ave. from Tower St. to Westl7oodland Road. No
f'abjections registered. (See Resolution, Ordering improvement, etc.)
Trustee Dickson then offered the following Resolution and moved its adoption:
RESOLUTION ORDERING STREET IMPROVEMENT
PERMANENT SURFACE AND BURBING, "GROUP I".
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notice of hearings to be duly published on the following proposed
improvements :
CONSTRUCTION OF PEIUIENENT SURFACING AND CURBING IN THE FOLLOWING STREETS:
1. Larkspur Lane from Hwy.#lOO to Trillium Lane; Aspasia Lane from Hwy.#lOO
to Larkspur Lane; Trillium Lane from Hwy.#lOO to Larkspur Lane; Lantana Lane from
€iwy.#lOO to Trillium.
2. Tower St. from'Nooddale Ave. to St.Johns Ave.
2. Tewer-St~-€rem-~eedda~e-Aval-te-~~~Se~~-~~~.
9. Halifax Lane fromW.54th St. to Woodland Circle.
4, Abbott Ave. from W.6Oth St. to W.62nd St.
5. West Shore Drive fromW.66th St. to Laguna Drive; Laguna Drive from
6. Tingdale Ave. from W.6Oth St. to Benton Ave.
7. Tyler Court fromMaloney Ave. to Cul-de-sac.
8. Chapel Drive from Antrim Rd. to Chapel Lane; Chapel Lane from Chapel
9. Balfanz Rd. from West Shore Drive to existing Blacktop
West Shore Drive to existing Blacktop.
Drive to Valley View Road.
10. St.Johns Ave. from Tower St. to West Woodland Road.
4/24/61 29
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r
and at the hearings held at the time and place specified in said notices, the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to combine said
improvements into one Permanent Surfacing and Curbing Improvement, which for
the purposes of this Resolution shall be known as Permanent Surfacing and
Curbing Improvement for Group I; and further, does hereby determine to
proceed with the construction of said improvement; and the area to be
specially assessed therefor shall include all lots and tracts of land
abutting all streets in said Group I proposed to be improved.
BE IT FURTHER RESOLVED that the Public Hearing on said PERMANENT SURFACING
AND CURBING IMPROVEMENT FOR GROUP I be, and hereby is, continued to June 12,
1961, at 7:OO P.M. , for determination as to the type of permanent surfacing
to be constructed in this improvement.
; VanValkenburg, aye; and Brede
(
(Mayor Bredesen announced to the audience that all interested in the above
improvements are welcome to attend the meeting of June 12,,for information
on the bids received and to offer recommendations on type of surfacing.
B. “GROUP IItt.cPUrsuant to the explanation given, generally, on proposed
Permanent Surfacing and Curbing Improvements, Estimate of Cost for Group I1
Streets was given at $120,608.30 Total, for $9.99 per Assessable Foot on
Bituminous Surface with Concrete Curb and Gutter; $102,562.02 Total, for
$10.71 per Assessable Foot on Concrete Paving with Integral Curb.
purpose of these minutes, comments received on the proposed improvements
will be listed, and action recorded in the order in which the various streets
proposed to be improved were listed on the agenda for this meeting.
r?3340 Wilryan, asked why prices are higher for this group, than for Group I.
For the
B-1. Wilryan Ave. fromW.63rd St. to W.64th St. - Mr. R. N. Juhl,
It was explained that soil conditions are less favorable than in Group I.
At a question from Mr. Pat Butler, 6353, Mr. Hyde told group that the
property owned by the State Highway Department for right-of-way cannot be
assessed; that this is the reason for the high estimate for this particular
street ($12.89 per foot for Bituminous Surface, etc.);($13.53 for Concrete
Paving,etc.). One gentleman questioned the advisability of surfacing this
street separately from the rest of the area; another, the practicability of
surfacing so soon after storm sewer construction.
Mr. Hyde replied that at a meeting with Village officials and this area some
four months ago there was decided sentiment against area-surfacing; that there
had been little or no sentiment for it since that time; that, because the
street has had time to settle over the winter, the Village does believe it
to be pxactical to surface at this time. The owner of Lot 25, Block 2,
(6321 Wilryan) reported that petition had been signed with the understanding
that surfacing would be on an area basis; that she wished to withdraw from
petition.
seconded by VanValkenburg and carried.
NO. 6313, inquired as to the possibility of the State’s taking additional .
property for the Highway; was informed there is no knowledge of plans for this
at present. Mrs. H.C. Albrecht, 6312 Warren Ave. , asked for withdrawal of
name from petition, stating understanding had been that surfacing would be
on an f&&Bag+s. At an inquiry as to petition Clerk reported that petition
is by/ ess than 51% of front footage; and Dickson moved for abandonment of
this proposed improvement.
Mr. Magoffin$ 6340 Warren, sponsor of petition, asked if improvement could be
re-instated upon submission of a new petition, and was informed that because
engineering is done re-instatement would be a simple matter.
B-3 - Wycliffe Rd. from Grove St. to N. End of Subdivision; Merold
Drive from Grove St. to Wycliffe Rd.; Grove St. fromwycliffe Rd. to Olinger
Rd.
Concrete Paving with Integral Curb only, because there are only seven or
eight houses in the subdivision at this time.
registered. (See Resolution of later in Meeting, Ordering Improvement, etc,)
k
To the first question,
Dickson’s motion that proposed improvement be abandoned was
B-2 - Warren Ave. fromW.63rd St. to W.64th St. Mr. W. F. Street,
y”
Motion seconded by VanValkenburg and carried.
Manager Hyde recommended that this group of streets be considered for
/’ There were no objections
4/24/61
B-l - 17estwood eourt from Schaefer Rd. to Schaefer Rd. Hanager Hyde
recommended that this street be considered for Bituminous Surface with Concrete
Curb and Gutter, only, because watermain is not yet in the street and is some
years away. Mr. Gebo, 6305 Nestwood Court, stated he is in favor of street
surfacing'but does not want curb and gutter. He was informed that curb and
gutter is advocated for street preservation, because of the very flat grade.
Xr. Gebo told Council there is no curb and gutter in this area, from Highway
No.. 169 west; that such improvement, here, would change the character of the
area. Nr. D. J. NcGlynn, 6301, told Council that owners of eight of the twelve
lots proposed to be assessed are in favor of the project. Mr. Gebo inquired as
to whether it is proposed to assess on a front foot basis and was answered that
this will be.the method of assessment unless he can get his neighbors to agree
to pay a portion of the cost. Clerk reported the objection of Mrs. J, A.
Langworthy, 6304, who had stated she signed petition on premise that assessment
would be "per lot". Mr. C. J. Hallman, 6324, stated that storm water from
Schaefer Road backs up onto the Westwood Court lots immediately abutting
. . Schaefer Road; that he feels storm sewer should be installed in Schaefer. Nr.
Hyde told him that Schaefer Road has not been regraded since installation of
sanitary sewer; that at such time as street is put to grade stormwater should
J
. be carried off. (See followi g Resolution, Ordering Improvement, etc.)
Dickson offered the following Resolution and moved its adoption:
RESOLUTION ORDERING STREET IBPROVEMENT
PERNANENT SURFACE AND CURBIISG, "GROUP 11"
BE IT RESOLVED b$i the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearings to be duly published on the following
proposed improvements :
CONSTRUCTION OF PERMANENT SURFACING AND CURBING IN THE FOLLOWING STREETS:
1. Wycliffe Rd. from Grove St. to N. end 'of Subdivision; Merold Dr. from
2. l?estwood Court from Schaefer Rd. to Schaefer Rd.
* Grove St. to Wycliffe Rd.; Grove St. from Wycliffe Rd. to Olinger Rd.
and at the hearings held at the time and place specified in said notices;the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts does hereby determine to combine said improvements
into one Permanent Surfacing and Curbing Improvement, which for the purpose of
this Resolution shall be known as Permanent Surfacing and Curbing Improvement €or
Group 11; and, further, does hereby determine to proceed with the construction of
said improvement; and the area to be specially assessed therefor shall include all
lots and tracts of land abutting all streets in said Group I1 proposed to be
improved.
BE IT FURTHER RESOLVED that the Public Hearing on said PERMANENT SURFACING AND
CURBING IMPROVEMENT FOR GROUP I1 be, and hereby is, continued to.June 12, 1961
at 7:OO P.M., for determination as to the type of permanent surfacing to be
constructed in this improvement.
Motion for adoption of the Resolution was se
there were four ayes and no nays, as follows , aye; VanValkenburg,
aye; and Bredesen, aye; and the Resolution
PUBLIC HEARING ON PROPOSED WATERMAIN IMPROVEMENT IN TINGDALE AVENUE FRO31 W.60TH
ST. TO BENTON ATE. Pursuant to "Notice of Public Hearing" published in Edina-
Morningside Courier April 13 and 20, 1961, affidavit of which publication was presented
by Clerk, approved as to form and ordered placed on file, Public Hearing was held on
this proposed improvement, and action taken as hereinafter recorded. Vu-Graph Slide
was shown of plan, and Estimate of Cost was read at $5,747.28, proposed to be assessed
against Lots 2 and 3, Block 3, Benton Park, and Lots 1,2 and 3, Donna Ridge, for
$1,149.46 per Lot. Mr. G. N. Baldwin, 5825 Tingdale Avenue, asked that Village Park
be required to pay a part of the cost; and, stating that he agrees, Manager Hyde
recommended that the assessment be split six ways instead of five, with the Park to
bear the cost for one connection. Mr. Gordon Harrison, 5905 Tingdale, inquired about
improvement to W.59th St. from Tingdale Ave. to Code Ave. He reminded Council that
it will be necessary to tear up Tingdale Ave., later for watermain connection for
W.59th St.; also, that if watermain improvement is constructed in W.59th St. now,
there would be some 13 or 14 lots to share the cost.
Village just does not have the manpower necessary to prepare plans and estimates
for this improvement immediately; that Billage will attempt to hold Hearing on
this project later in the summer. Mrs. John Kestley, 5901 Tingdale Ave., told
Council that &FA of the property in this block is for sale; that postponement of rmprovements may be advantageous. and moved its adoption:
I
is
It was explained that the
VanValkenburg offered the following Resolution
412416 1
RESOLUTION ORDERING 'LMPROVEMENT
WATERMAIN IMPROVEMENT NO. EE
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published on the
following proposed improvement:
FROM W.6OTH ST. TO BENTON AVE.,
and at the hearing held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with
the construction of said improvement; that said improvement is hereby
designated and shall be referred to in all subsequent proceedings as
WATERMAIN IMPROVEMENT NO. l33, and the area to be specially assessed there-
for shall include Lots 2 and 3, Block 3, Benton Park, Lots 1, 2 and 3,
Donna Ridge, and that Village Park abutting Tingdale Avenue on the west.
CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN TINGDALE AVE.
J L.I"
a ca cn
Motion for adoption of Resolution was seco
and Bredesen, aye; and the Resol
PUBLIC HEARING ON PROPOSED STREET SURFACING AND CURBING IN KELLOGG AVENUE FROM
TJ.52ND ST. TO 17.56TH ST. Pursuant to "Notice of Hearing" Published in Edina-
Morningside Courier April 13 and 20, 1961, Affidavit of Publication for which
was submitted by Clerk, approved as to form and ordered placed on file, Public
Hearing was held on the above-entitled improvement, and action was taken as
hereinafter recorded. Estimate of Cost was given as $54,124.69 for Bituminous
Surface Treatment with Concrete Curb and Gutter, for $11.28 per Assessable Foot.
In his preliminary remarks, Manager Hyde told a.large delegation that this
Public Hearing had been initiated on the Council's Own Motion, as the result of
the spring break-up in 1960, and a petition for curb and gutter for the block
between FJ.54th and W.55th Streets; that the Estimated Cost'is very high because
of the necessity of removing small retaining walls, shrubs and trees which have
been set at the surfaced line of the street--which is considerably beyond the
right-of-way line. He informed Council that this four-block stretch has not
had bituminous surface treatment.
South Harriet Park residents, Mr. Hyde told audience the Village has no plans for
Oaklawn or Brookview Avenue. Mr. Hjalmar Newline, sponsor of the Curb and Gutter
petition in the 5400 Block, told Council this petition had been tendered in the
hope of having the street repaired; that the street originally broke up in the
spring of 1959, although it has not been a good street since 1952; that rocks
village is fortunate that there has been no serious injury; that he does favor
curb and gutter and believes it will. improve the property tremenduously.
L.A. Rossiter, 5300 Kellogg Ave., 'led the opponents, reviewing for Council a
petition presented to Clerk earlier, showing percentage in all four blocks to
be over 51% against the proposed improvement. He told Council that he and his
neighbors had moved to South Harriet Park for its "park" atmosphere; that they
do not want curb and gutter.
prepared on just curb and gutter for the 5400 Block, being $3.37 per front foot--
but that this alone will not solve the problem. He asked what the Council wishes
to do about maintakance, stating the Village is faced with calls from the residents
who want the street maintained. Mr. Harris, 5504 Kellogg Ave., told Council
that maintenance has occurred principally in the 6400 Block--that very little has
been done on the other three blocks.
be requested to repair its trench, which would imprqgrkhRef&&eet considerably.
Several others--Messrs. John Moorland , Robert Crabb, and Mmes . 'Earl D. Cardle and
Swanke--spoke in opposition, with Mr. Newline and one neighbor being the only
speakers in favor. Manager Hyde suggested that this Hearing be continued, and
that Engineers review the possibility of fixing only this block, and come in
with methods of fairly long term temporary solution.
the proposed improvement of the 5200,5300 and 5500 Blocks on Kellogg Avenue be
abandoned, and that Public Hearing be continued to June 12, on proposed
improvement of the 5400 Block , was seconded by Tupa and Carrie?.
directed to request Gas Company to repair gas trench.
Reviewing the letter whiich had been mailed to
I in the street are hazardous to both pedestrian and vehicular traffic and i) -/'
Mr.
Mr. Hyde reported that an Estimate has been
A suggestion was made that the Gas Company
Dickson's motion that
Manager
PUBLIC HEARING ON PROPOSED BEKMANENT SURFACING AND CURB IN VIRGINIA LANE FROM
CONCORD AVENUE TO ASHCROFT AVENUE.. Hearing was conducted pursuant to Notice of
Hearing published in Edina-Morningside Courier on April 13 and 20. Estimate of
Cost for a 20' Travelled Roadway, with Bituminous Surface Treatment and Concrete
Curb and Gutter, was given as $3,273.23, of which $2,724.57 would be assessed
against Storm Sewer Improvement No. 58, for a remaining $548.66 peposed to be
assessed against abutting properties at $l.OOper Assessable Foot. There were
1,-
no objections registered at the Hearing, and none had been received prior
thereto. One property owner told Council that the Estimate of Cost mailed
to property owners had included no Estimate for Concrete Paving and Integral
Cprb; that he would like this street to be concrete if Concokd'Avenue goes
concrete. With instructions to Engineers to bid proposed improvement both
concrete, and bituminous surface treatment, Dickson offered the following
Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENT
PERMANENT SURFACE AND CURBING, VIRGINIA
LANE FROM CONCORD AVENUE TO ASHCROFT AVENUE
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published on the
following proposed improvement :
CONSTRUCTION OF PERMANENT SURFACING AND CURBING IN VIRGINIA XANEr:EROM
CONCORD AVENUE TO ASHCROFT AVENUE
and at the hearing held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with
the construction of said Permanent Surfacing and Curbing for a 20-foot wide
street; and the area proposed to be assessed for that portion not assessed to
Storm Sewer Improvement shall include all lots abutting said portion of Virginia Lane.
BE IT FURTHER RESOLVED that the Public Hearing on said Permanent Burfacing
and eurbing Improvement be, and hereby is, continued to May 22, 1961, at
7:OO P.M., for determination as to the type of permanent sprfacipg to be.
constructed in this improvement.
Botion for adoption of Resolution was seconde VanValkenburg, and on
Rollcall there were four ayes and lows: Dickson, aye;
Tupa, aye; VanValkenburg, aye; and andAthe Resolution was
PUBLIC HEARING ON PROPOSED PERMANENT SURFACING AND CURBING IN TJ.65TH STREET
FROM FRANCE AVENUE TO VALLEY VIEW ROAD.
of Hearing published in Edina-Morningside Courier April 13 and 20, 1961.
Estimate of Cost for Bituminous Surface Treatment and Concrete Curb and
Gutter was read at $18,710.07, for $15.50 per Assessable Foot. Mr. Robert
Crabbe protested this estimate; and Mr. Hyde explained that, after soil
borings received today a new Estimate had been prepared, making Estimate
$11.65 per Assessable Foot for Lots 1,2 and 3, Block 1, Lots 1 and 2, Block 2,
Southdale Office Park 2nd Addition, and $3.02 per Assessable Foot for Lots 3
and 4, Block 2, which will receive curb and gutter only. This street is'not
being recommended for Concrete Paving, because one end of the street already
has Bituminous Surface. Mr. Crabbe reported that the Seal Coat has not been
applied from France Avenue to the T?est End of Block 1, Southdale Office Park,
and asked that this work be included in this project, and Mr, Hyde recommended
that it be done. Dickson then offered the following Resolution and moved its
adoption :
Hearing was held pursuant to Notice
RESOLUTION ORDERING STREET IMPROVEMENT
STREET IIIPROVEMENT NO. BA-33
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published on the
following proposed improvement:
FRANCE AVENUE TO VALXY VIEW ROAD
and at the hearing held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being
I -fully advised of the pertinent facts does hereby determine to proceed with v" the construction of said improvement by CONSTRUCTION OF BITUMINOUS SURFACE
TREATMENT AND CONCRETE AND CURB AND GUTTERin said street; that said
improvement is hereby designated and shall be referred to in all subsequent
proceedings as STREET IMPROVEMENT NO. BA-33; and the area to be specially
assessed therefor shall include all lots and tracts of land abutting the
street proposed to be improved.
CONSTRUCTION OF PERMANENT SURFACE AND CURBING IN W.65TH STREET FROM
.
llcall there were four ayes and no n
e; VanValkenburg, aye; and Bredesen,
d
4/24/61 33
PUBLIC HEARING ON PERMANENT SURFACING IN THE ALLEY BETWEEN XERXES AND YORy
AVENUES AND BETWEEN W.54TH AND W.55TH STREETS.
to Notice of Hearing published in Edina-Morningside Courier April 13 and 20,
1961. Estimate of Cost was given at $2,603.93, for $2.18 per Assessable Foot
on the Bituminous Surface Treatment; $3,803.36, for $3.18 per Assessable Foot
on Concrete Pavement.
to the center, to drain away from the lots; that the Village strongly recommends
that alleys be concrete because they carry garbage trucks. An inquiry was made
by a Xerxes Avenue resident as to possibility of watermain construction in this
alley; was informed that Minneapolis main is on Xerxes Avenue and Edina
residents can tap onto it by payment of charge.
whether concrete is considered more durable and less expensive than asphalt,
and was answered by Mr. Hyde in the affirmative. Mr. Jorgenson told Council .
that construction of a spillway to the Creek be included in this project.
He was told that the Engineers will investigate, and that if it is feasible
from an engineering seandpoint this will be done. Messrs. J.D. Vlahos, 5448
Xerxes Ave. S., and Jmes Gavett , 5437 Pork Ave. S., both expressed themselves
as being in favor of concrete.
ment, and none had been received prior to the Hearing.
in Meeting, Ordering Improvement, etc.)
Hearing was conducted pursuant
Manager Hyde,told audience that water will be channelled
Mr, Jozgenson inquired as to
that there is no carry-out facility for the water at 54th Street. He asked fi /
There were no objections to the proposed improve-
(See Resolution of later
PUBLIC HEARING ON PERMANENT SURFACING IN THE ALLEY BETWEEN HANKERSON AND WILLIAM
AVENUES AND BETWEEN W.51ST AND W.52ND STREETS.
Notice
Estimate of Cost was given as $2,586.38, for $2.15 per Assessable Foot for
Concrete Pavement. Mr. Olson, 5049 Hankerson Avenue, asked if the ten percent
maintenance allowance prevails for alley construction as well as street work,
and was answered that it does. He stated he has talked to owners of eight of
the 24 lots assessable, and that they prefer concrete.
registered at the Hearing, and none had been received prior thereto. (See
following Resolution).
Hearing was conducted pursuant to
of Hearing published in Edina-Morningside Courier April 13 and 20,1961.
Bituminous Surface Treatment; $3,814.67, for $3.17 per Assessable Foot for ~t r/
There were no objections
Dickson then offered the following Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
PERMANENT SURFACING - ALLEYS
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearings to be duly published on the following
proposed improvements :
1.
2.
and at the'hearings held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being fully
advised of the pertinent facts does hereby determine to proceed with the
construction of said improvements; and the areas to be specially assessed
therefor shall include ail lots and tracts of land abutting the respective
alleys proposed to be improved.
CONSTRUCTION .OF PERMANENT SURFACING IN THE FOLLOWING ALLEYS:
Alley between Xerxes and Yorlc Avenues and between W.54th and W.55th Sts.
Alley between Hankerson and William Avenues and between tJ.5lst and W.52nd Sts.
BE IT FURTHER RESOLVED that that Public Hearings on said proposed improvements
be continued to Monday, June 12, 1961, at 7:OO P.M., for determination of the
type of surfacing to be constructed in thdse improvements.
Motion for adoption of Resolution was s
were four ayes and no nays, as follows aye; VanValkenburg,
Tupa, and on Rollcall there
and Bredesen, aye; and the Reso
'Village Clerk
PUBLIC NEAkNG ON PERMANENT SURFACE AND CURB kN PARK PhCE FROM W.54TH STREET
TO W.55TH STREET.
in Edina-Morningside Courier April 13 and 20, 1961. Estimate of Cost was read as
$10,286.58, for $8.30 for Bituminous Surface Treatment; $12,751.48, for $10.29
per Assessable Foot for Concrete Pavement with Integral Curbd
owner inquired as to whether the estimate for Bituminous Surface included Concrete
Curb and Gutter, and was told that it does not.
delegation feels that estimates are not comparable; but that they are agreed that .b
they want the best job consistent with price. Manager Hyde told the group that
because of the very steep grade, the Village may w5den the radius by taking a
corner of the park property; that Village does advocate curb and gutter because
of this steep grade. .There were no objections registered at the Hearing, and
none had been received prior thereto. Dickson offered the following Resolution
and moved its adoption:
Hearing was conducted pursuant to Notice of Hearing published
One property
He then reported that the
4124161
RESOLUTION ORDERING IMPROVEMENT
PERMNENT SURFACE AND CURB - *
PARK PLACE BETNEEN V.54TH AND W.55TH
STREETS
BE IT RESOLVED by the Council of the Village of Edina, Ninnesota, that this
Council heretofore caused notice of hearing to be duly published on the follow-
ing proposed improvement:
and at the hearing held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with
the construction of Permanent Surfacing and Curb in Park Place fromW.54th
to W.55th St; and the area to be specially assessed therefor shall be as
follows: All lots and tracts of land abutting the street proposed to be
improved.
PERMANENT SURFACIKG OF PARK PLACE FRON Ti1.54TH TO W.55TH STREET
BE IT FURTHER RESOLVED that Public Hearing on said improvement be continued
to Monday, June 12, 1961, at 7:OO P.M. for determination of the type of
surfacing to be constructed in said improvement.
Motion for adoption of the Resolution was se
"Vzllage Clerk
J
d
PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN OAKLA" AVENUE FROMW.58TH TO
8.59TH ST. Public Hearing was conducted pursuant to Notice
published in Edina-Morningside Courier April 13 and 20, 1961.
Cost was given as $5,539.51, for $4.41per Assessable Foot.
were registered at the Hearing and none had been received prior thereto.
(See Resolution of later in Meeting).
of Hearing
Estimate of
No objections
PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN BROOKVIEW AVENUE FROMW.61ST TO
W.62ND ST.
in Edina-Morningside Courier April 13 and 20, 1961.
as $4,032.70, for $3.39 per Assessable Foot. No objections were registered at
the Hearing and none had been received prior thereto.
in Meeting, Ordering Improvement).
I Public Hearing was conducted pursuant to Notice of Hearing published
Estimate of Cost was given
(See Resolution of later
PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN KENT AVENUE FROM HNY,#100 TO
Ti1AR5lICK PLACE AND IN WARWICK PLACE FROM KENT AVENUE TO W,56TH ST. Public
Hearing was conducted pursuant to Notice of Hearing published in Edina-
Morningside Courier April 13 and 20, 1961. Estimate of Cost was given as
$11,851.85, for $4.45 per Assessable Foot. Ilr. R. L. Coppess, 5512 Normandale
'Road, presented a petition signed by twelve property owners, objecting to
improvement; Bnd additional protests were received in writing from four others.
Messrs. Resch, 5517 Warwick Place, and Ba rson 4 1 Re adv a e improvement, 8 as did Mr. Schmidt, 5520 Warwick Place,an e%&a '0 je6t on WC e received from
the floor. After considerable discussion, Mayor Bredesen suggested that since
the property owners at the west end of the proposed improvement are in favor and
those at the east end in opposition the improvement be decreased and be installed
for those who are in fav gs e t no ved that Curb and Gutter be installed
abutting Lot 1, Block 3?a&
16 and 17, Block 1, Edina Park; and that the balance of the project be abandoned.
Motion seconded by VanValkenburg and carried.
Meeting, Ordering Improvement.)
.'H Yien $648 w 3gtk $t
J
Ea.3, B1 ock 2, Edina Park, and Lots 15,
(See Resolution of later in
PUBLIC HEARING ON PROPOSED CURB AND GUTTER IN WOODCREST DRIVE FROM N. LINE OF
SHADY PINES ADDN, TO S. LINE OF SWY PINES ADDN. (WEST SIDE ONLY). Vu-Graph
Slide was shown of the street, with existing curb and gutter, and that petitioned.
Estimate of Cost was read as $1,479.35, for $4.34 per Assessable Foot. Nr. L.H.
project, but Mr. W. H. McDonald asked that his name be withdrawn from petition,
stating he had signed on condition that his neighbor to the north would sign
also; that this had not been done because this neighbor has a steep bank which
cannot be terraced to meet curb. There were no other objections registered,
and, stating that curb and gutter on this street seems to be largely a matter
of choice, Dickson moved that Curb and Gutter be installed abutting Lots 2, 3
and 4, Block 2, and Outlot A., Shady Pines Addition, and that Lot 1, Block 2
be eliminated from improvement. (See
following Resolution, Ordering Improvement).
'Hamlin, sponsor of petition, expressed himself as being decidedly in favor of J
Motion seconded by Tupa and carried.
4/24/61 35
I
W m
Dickson then offered the following Resolution and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
STREET IMPROVEMENTS NOS. B-70,
B-71, B-72, B-73,
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearings to be duly published on the following
proposed improvements:
1. Oaklawn Ave. fromTJ.58th St. to 57.59th St.
2. Brookview Ave. fromW.6lst St. to W.62nd St.
3. Kent Ave. from Hwy.Cl00 to Warwick Place, and t7arwiclc Place from Kent Ave.
4. Woodcrest Drive from N. line of Shady Pines Addn. to S. line of Shady Pines
and at the hearings held at the time and place specified in said notice the
Council has duly considered the views of all persons interested, and being
fully advised of the pertinent facts does hereby determine to proceed with the
of the following improvements; that said improvements are hereby designated and
shall be referred to in all subsequent proceedings as follows:
CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWING STREETS:
to W.56th St.
Addn. (West Side Only)
1.
2.
3.
NAME OF IMPROVEMENT
Construction of Concrete Curb and Gutter in
Construction of Concrete Curb and Gutter in
Oaklawn'Ave. from Q.58th St. to W.59th St. STREET IMPROVEMENT NO. B-70
Brookview Ave. from IJ.6lst St. to g.62nd St. STREET IMPROVEMENT NO. B-71
Construction of Concrete Curb and Gutter abutting
Lots 15,16 and 17, Block 1, Edina Park; Lots 1, 2
and 3, Block 2, Edina Park, and Lotc1J:Block 34
WBstchester Knolls. STREET IMPROVEMENT NO. B-72
4. Construction of Concrete Curb and Gutter in
the West Side of Woodcrest Drive, abutting Lots 2,
3 and 4, Block 2, and Outlot A, Shady Pines Addn. STREET IMPROVmNT NO. B-73
and the areas to be specially assessed therefor shall include all lots and tracts
of land abutting the respective streets proposed to be improved.
Motion for adoption of Resolution was seconde
PUBLIC HEARING ON PROPOSED STORM SEWER IN WEST WOODLAND ROAD FROM WOODDALE AVE. TO
281 FT. WEST: THENCE ON EASEMENT LINE BETWEEN LOTS 3 AND 4, BLOCK 1, PAUL WIND
CHRISTOPHER ADDITION NO. 2, FROMWEST WOODLAND ROAD TO 205.35 FT. NORTH: THENCE
WEST ALONG EASEMENT LINE 193 FT. Vu-Graph Slide was shown of area proposed to
be assessed--which, Mr. Hyde reported, has changed slightly to the north after a
ground survey taken pursuant to requests of property owners at April 24, 1961.
Estimate of Cost is $10,409.03, for $.lo per assessable square foot. Mr. V.M.
Parker, 4521 Tower St., reminded Council that eleven of the fourteen lot owners
are against this project. Mr. Donald Bailey, representing Mr. Gramling and Dr.
Drill, told Council that contractors Haney and Peterson have stopped the natural
drainage by building homes facing ?Power St.; that the improvement is not only
desired--it is needed. Mr. George Christopher told Council there is no easement
on his lot line for the proposed improvement. Manager Hyde told Council that
the Engineering Department recommends this improvement as the best way of solving
the drainage problem, and Dickson offered the following Resolution and moved its
adoption:
RESOLUTION ORDERING IMPROVEMENT
STORM SEWER IMPROVEMENT NO. 59
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published on the following
proposed improvement: P-& CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTENANCES in West Woodland Road
fromWooddale Ave. to 281 Ft. West; on Easement line between Lots 3 and 4, Block 1,
Paul Wind Christopher 2nd Addn. from West Woodland Road to 205.35 Ft. North; thence
West along easement line 193 Ft.
and at the hearing held at the time and place specified in said notice the Council
has duly considered the views of all persons interested, and being fully advised
of the pertinent facts does hereby determine to proceed with the construction of
said improvement; that said improvement is hereby designated as STORM SEWER
IMPROVEMENT NO. 59, and shall be so referred to in all subsequent proceedings;
and the area to be specially assessed therefor shall be as follows:
4/24/61
All lots and tracts of land within the following described boundaries:
"Commencing at a point on the east property line of Lot 3, Block 1, Paul
Wind Christopher 2nd Addn., said point being 55 Ft. North of the SE Corner
thereof; thence West parallel to the North line of West Woodland Rd. to the
West line of Lot 9, Block 1, Paul Wind Christopher Addn.; thence Northwesterly
to a point on the North property line of Lot 8, Block 1, Paul Wind Christopher
Addn., said point being 55 Ft. East of the Northwest Corner of said Lot; thence
Northwesterly to a point in Lot 7, Block 1, Paul*l?ind Christopher Addn., said
point being 40 Ft. South of the North line and 40 Ft. East of the West line
thereof; thence East parallel to and 40 Ft. South of the South line of Tower
St. to a point 50 Ft. West of the East line of Lot 1, Block 1 Paul IJind
Christopher Addn., thence south and parallel to Wooddale Ave. a distance of
75 Ft.; thence West parallel to Tower St. a distance of 30 Ft.; thence South
and parallel to Wooddale Ave. 150 Ft.; thence Southwesterly to point of
beginning".
131;
a, and on Rollcall there
were four ayes and no nays, as follows: Dicks ; Tupa, aye; VanValkenburg,
STORH SEWER REQUESTED FOR 4600 BLOCK, WEST WOODLAND ROAD.
Mr. Byron Hanson, 4605 Vest Woodland Road, led a delegation requesting relief
from drainage problems and from a bad road. Mr. Hanson told Council his basement
has stormwater, and Messrs. Fisher, Blackmar and Raymond concurred that drainage
problems are becoming worse all the time. Engineer Zikan reported that Consulting
Engineer Balich had made a survey and study of this problem some time ago; that
most residents were unwilling to pay the high cost of a remedy; that the 6ituation
may have changed, now, because of the storm sewer improvement ordered in this
evening--that it may be possible to connect with this sewer.
Council that if a check is made it will be found that the particular basements
which now have water were set in water and will always have water.
Hanson denied.
remedies, preparatory to Council's calling Public Hearing thereon for May 22.
AIIARDS MADE ON YEAR'S QUANTITY OF STREET AND WATER SUPPLIES. Council reviewed
bids taken April 10, in response to Advertisement for Bids published in Edina-
Morningside Courier and Construction Bulletin on March 30 and April 6; and action
was taken as hereinafter recorded:
being low bidder at $.0978 per Lb., with $15 Drum Deposit; Thompson Hayward Co.
next low with $10 per Lb. in 550 Lb. Drums, and $30 Drum Deposit.
recommended award to low bidder, and Tupa so moved.
VanValkenburg and carried, Contract is for 31,000 Lbs., more or less, for year.
CHLORINE. Five identical bids of $.1425 per Lb., with Thompson Hayward
Chemical Company offering a 2% discount for payment within 30 days, and Lyon
Chemicals, IRC., offering the same discount after bids were opened. Tupa's
Later in the Meeting,
Mr. Robinson told
This Mr. I Engineers directed to make study of both street and storm sewer
1. HYDROFLUOSILICIC ACID 25%. Four bids received;'J. W. Jones Co., Inc.
Manager
Notion seconded by
2.
,/motion for award to low Gidder, Thompson Hayward Chemical Co.; was seconded by
VanValkenburg and carried.
low bidder at $.045 per Lb., but bidding in 100 Lb. bags; Lyon Chemicals, Inc.
and Hawkins Chemical, Inc., making identical bids of $.0515 per Lb. in 50 Lb.
bags, with Lyon offering a 2% discount for payment in 30cdays. Recomrnendation
was for award to Lyon Chemicals, Inc., and Tupa's motion for award to Lyon
Chemicals was seconded by'Dickson and carried. During discussion on these
bids it was pointed out that 100 lbs. bags have definite disadvantages in the
operation of the water system system because equipment is designed for less than
this amount and, once the sacks are opened it is difficult to seal them against
spoilage.
Illinois; and Lyon Chemicals, Inc. at $.245 f.0.b. Edina. Mr. Hyde reported that
Nalco is low bidder because freight is less than $.035 per lb, and recommended
Contract for year's supply--22,000 lbs., more or less.
3. AMONIUM SULPHATE 25%. Three bids received, with McKesson & Robins, Inc.,
B Contract for year's supply--12,000 lbs. more or less.
4. Y 918 BALLS. Bidders, Nalco Chemical Co. at $.21 per Lb. f.o.b.Clearing,
award to low bidder.
more or less.
Chemical Company talked for some minutes for his products, but Council made no
change in its awards.
Tupa's motion for award of contract to Nalco Cheniical
JCo. was seconded by Dickson and carried. Contract for year-s supply--10,000 lbs.
After award of contracts had been made, Mr. Howard 7iawkins of Hawkins
412416 1
5. TORPEDO SAND - Approx. 3,000 Ton. Five bids received. Anderson *'a+ f
Aggregate apparent low bidder at $.45 per ton Loaded in Village Truck at Plant;
next low, Hedberg & Sons at $.56.
& Sons because of the proximity of their plant (7557 France Avenue).
Anderson plant is at Osseo.
& Sons was seconded by VanValkenburg and carried.
particular material is usually delivered in Edina by the supplier; that
Hedberg & Sons second low at $1.95.
Anderson Aggregates, and VanValkenburg so moved.
and carried.
Blacktop Service Co. at $5.50 per ton, less 1% discount for payment within
30 days; J. V. Gleason Company, $5.50 per ton Net.
Council split this award because of the fact that neither of these companies
is able to furnish at all times; that it'has been the custom to buy from one
when the other is out of operation.
Blacktop Service Company, VanValkenburg moved to award 75% of the total
So them and 25% to J. V. Gleason Company. Motion seconded by Tupa and
carried. Total quantity, approx. 6,500 tons.
8. CUTBACK ASPHALTS (MC 0,1,2,3,4; RC 1,2,3)- Approx.150,OOO Gals.
MC; 35,000 Gals. RC. Five bids received, with Richards Oil Company low bidder
on the MC at $.lo25 per Gal.,Delivered; S.0995, Picked up; and on the RC at
$.lo75 Delivered, $.lo45 Picked up. W.H. Barber Oil Company second low at
$.1067, $.105, $.1113, and $.11 respectively. Mr. Hyde recommended award of
contract to low bidder, Richards Oil Company, and Tupa so moved. Motion
seconded by Dickson and carried.
Gleason Company being low bidder at $1.20 per Ton Loaded in Village Truck
at Plant; $1.80 Delivered in Edina; Anderson Aggregates next low on the
"Loaded" bid, at $1.40; Northwestern Gravel second low on the "Delivered"
bid at $2.15. Recommendation was for award to J. V. Gleason Company, and
VanValkenburg so moved.
10. EMULSIFIED ASPHALT - Approx. 25,000 Gals. L. N. Sickels Co. only
bidder, at $.1275 per Gal. Delivered; $.1225, Picked up. Recommendation was It
for award, and Dickson so moved.
11. BITUMINOUS AGGREGATE - Approx. 1,000 Ton. Five bids received, with
B & R Rock Co. low bidder, at $.67 per ton Loaded from Stockpile; $.70 Loaded
in Village Truck at Plant; and $1.17 Delivered in Edina. Next low bidder was
Truck at Plant; $.70 Loaded from Stockpile.
for award to B & R Rock, and VanValkenburg so moved.
Dickson and carried.
12. BINDER ROCK - Approx'. 2,000 Ton. Five bids received. Kraemer &
Son was low bidder on the "Loaded in Village Truck at Plant" bid, at $1.58
per ton; B & R Rock, low bidder on the I'Loaded for Stockpile with Village
Equipment" bid at $1.55 per ton; and Northwestern Gravel Co. low at the
"Delivered in Edina" bid at $2.15 per ton.
to Northwestern Gravel Company for the reason that this material is
customarily purchased on the delivered basis.
J. V. Gleason at $.27 per Gal. Delivered; $.26 Picked up; and Western Oil at
$.2702 per Gal.
Company, and Tupa so move-d.
v."' Manager Hyde recommended award to Hedberg
The
Tupa's motion for award of contract to Hedberg
6. BUCKSHOT - Approx. 3,000 Ton. Manager Hyde explained that this
Anderson Aggregates is low bidder on the delivered price at $1.75 per Ton; 1/
He recommended award of contract to
Motion seconded by Tupa
7. READY MIX BITUMINOUS MATERIALS (MC 2,3; AC1,2) Two bidders--
Manager Hyde asked that
2-
Because of the 1% discount offered by
'
9. COARSE AGGREGATE. - Approx. 3,000 Ton. Six bids received. J. V.
k
Motion seconded by Tupa and carried.
Motion seconded by Tupa and carried.
Anderson Aggregates, with $1.40 per ton Delivered, $.70 Loaded in Village L
Mr. Hyde's recommendation was
Motion seconded by
b'
Manager Hyde recommended award
13. RUBBETIZED SEAL COAT ASPHALT - Approx. 10,000 Gals. Two bids received--
b Mr. Hyde's recommendation was for award to J. V. Gleason
Motion seconded by Dickson and carried.
PAMELA PARK DIKE AND DAM WORK AWARDED TO M.E.KRAFT CO.
receipt of three bids in response to Advertisement for Bids in Edina-Morningside
Courier and Construction Bulletin April 13 and 20, 1961, for "Filling, Grading
and General Site Work. Low bidder on.Base Bid was M.E.Kraft Go., at $14,080;
second low was Karl Krah'l Excavating Co. at $14,500, and high bidder was
Carl Bolander & Sons at $23.810. Base bid called for the "Loading, Hauling
and Placing Village Fill-10,000 C.Y., which was bid by Kraft at $11,000.
Alternate called for "Furnishing and Hauling Granular Fill-10,000 C.Y.,
which was bid by Kraft at $7,200.
to M.E.Kraft, substituting the Alternate Bid of $7,200 on Fill, and making
net award $10,280.
carried.
Manager Hyde reported
Manager Hyde recommended award of contract
Tupa so moved. Motion seconded by VanValkenburg and
PARK SOD BID REJECTED.
sod in response to'Advertisement for Bids published in Edina-Morningside Courier
and Construction Bulletin April 13 and 20--that of Don-Job, Inc. at $.38 per
Sq.Yd. for Pasture Sod furnished and placed; $.18 per Sq.Yd. furnished.
Recommendation was for rejection of bid, looking toward bidding sod later,
21s it is needed by each park.
carried.
Manager Hyde reported receipt of only one bid for
Dickson so moved. Motion seconded by Tupa and
38 412416 3.
COMPLAINT XECEIVED ON STOP SXNS AT 54TH ST': 'AND \j.'OOPYkE AVE.
Nelson, 4500 Golf Terrace, whose property abuts'Wooddale Avenue, complained that
the noise of vehicles stopping for the Stop Signs at Wooddale and 54th Street
keep her from sleeping.
stop is the most offensive.
by the Council at the request of Wooddale Avenue property owners, who believe
this is one method of reducing speed on the street.
a report from the Police Department for the Council Meeting of May 8.
Mrs . Earl I3.
She stated that the gunning of motors after the required
Manager Hyde explained that Stop Signs were ordered
He told Council he will have
BEER LICENSES AND CLUB LIQUOR LICENSES RENEWED.
applications by eighteen firms for renewal of Off-sale Beer Licenses, of nine
firms for On-sale Beer Licenses, and of Edina Country Club and Interlachen Club
for Club Liquor Licenses, reporting that most of these applications have received
the approval of the Police Department, but that six applications were received too
late to secure approval by this meeting.
Legion, which application had not been received at beginning of this meeting, but
which has representatives here, tonight, applying. Tupa's motion for approval of
issuance of On-sale and Off-sale Beer Licenses and of Club On-sale Liquof Licenses,
to all respective applicants listed, upon approval by Police Department, was
seconded by Dickson and carried.
Clerk presented a list of
I This list'included application of American
EDINA AMERICAN LEGION POST a471 APPLIES FOR ON-SALE LIQUOR LICENSE PURSUANT TO NEW
STATUTE.
to the Council a formal application for an On-sale Liquor License, telling Council
that the Legion does not expect the granting of this license tonight, but that
members would like some idea of Council requirements for issuance; or, if Council
is determined not to issue license, Legion would like to know this now. Mayor
Bredesen told Mr. Olson that Council has had very little time to consider the
application, but that a suitable building would be one requirement, method of
operation another; that restriction of membership should be considered.
Olson stated that restriction of membership is practically impossible under the
rules of the Legion.
One to discuss Legion plans with its committee, and it was'so ordered.
Mr. Richard E. Olson, representing American Legion Post $471, presented
Mr.
Bayor Bredesen volunteered to be a Council Committee of
PETITIONS FOR INPROVENENTS ACCEPTED.
submitted by Clerk, and by motion Dickson, seconded by VanValkenburg and carried
were accepted and referred to Village Engineer for programming:
1. Petition for Curb and Gutter - Tower St., St.Johns Ave. to Concord Ave.
2. Petition for Oiling - Rutledge Ave., Motor St. to Division St.
The following Improvement Petitions were
PUBLIC HEALTH NURSING REPORT FORMARCH, 1961, was submitted, reviewed, and ordered
placed on file.
PUBLIC HEARING SCHEDULED FORMAY 8, ON ROY H. PETERSON REQUEST FOR "OFFICE BUILDING
DISTRICT" ZONING FOR BL, 9, STOI?' S EDGENOOR ADDN. Council reviewed Planning
Commission Minutes of April 12, recording the Commission's recommendation for
approval of both the requested rezoning from Multiple Residence to "Office Building
District" of
the building
on the north
by Mr. Hite.
and Hszelton
rezoning for
"the Easterly 240 Ft. of Block 9, Stow's Edgemoor Addition" and
and site plans for a colonial design office building to be located
part of the property.
Road.
Monday, May 8, at 7:OO P.M., was seconded by Dickson and carried.
-
Sketch of proposed building was presented
This property is 1ocated.on France Avenue between Mavelle Drive
VanValkenburg's motion scheduling Public Hearing on Sroposed
RANDOLPH HIPPE REQUEST FOR REZONING "WESTERLY 200 FT. OF LOT 4, BL. 1, PEACEDALE
ACRES" TO "MULTIPLE RESIDENCE DISTRICT" DENIED.
Commission's April 12, 1961 recommendation for denial; and VanValkenburg moved
for denial of request by Council.' Motion seconded by Tupa and carried.
REQUEST BY DICK ANDERSON FOR SPECIAL PERMITS FOR DOUBLE BU"ALOI?S ON LOTS 7, 8
AND 9, BLOCK 2', MIRROR IAKl3S MEADOW RIDGE SECOND ADDN. TO EDINA HIGHLANDS, TO BE
CONSIDERED IN PUBLIC HEBRIXG MAY 8. The property under consideration is located
on the south side of W.56th St., north of Highway #169 between Chantrey and
Dundee Roads.
for approval of request (subject to notification by Mr. Anderson in his purchase
agreements that there will be a storm sewer assessment against the property);
and VanVaElcenburg moved schedulkdg Public Hearing on the matter of Special
Permits for Monday, May 8, at 7:OO P.M.
Council reviewed Planning
Council reviewed Planning Commission's April 12th recommendation
Motion seconded by Dickson and carried.
SOUTHDALE ACRES PRELIMINARY PLAT APPROVED.
was approved, with the understanding that developers will provide right-of-way
for connection of both Pearce property and Fairview Hospital property with
Southdale Acres road pattern, at no cost to the Village, at such times as the
Village deems connections to be necessary.
Tupa and carried, after Council review of Planning Commission Minutes of April 12.
Preliminary Plat of Southdale Acres
Motion made by Dickson, seconded by
4/24/61 39
PEACEDALE ACRES. BOOMAN REPLAT-PRELIMINARY PLAT APPROVED.
being the replat of Lots 5 and 6, Block 1, Peacedale Acres into six 75-foot
lots, was approved by motion Dickson, seconded by Tupa and carried, in accord
with Planning Commission's April 12th recommendation,
This Preliminary ,
OTTO'S THIRD ADDITION PRELIMINARY PLAT APPROVED, SUBJECT TO CERTAIN CONDITIONS.
Council reviewed at some length the Planning Commission's recommendation for
approval of Preliminary Plat, subject to compliance with the following conditions:
1.
2.
3.
4.
All lots are to be brought to an elevation of 838 feet (the flood
Public easements of at least 50 feet are to be provided at the rear
Flood Plain easements are to be provided for all areas of the plat
Developer is required to install all sewer and water laterals in
plain elevation established by the Nine Mile Creek Watershed Engineer).
of all lots backing up to the creek.
labeled "Flood Plain".
addition to grading and graveling of streets.
VanValkenburg's motion, that Council accept Planning Commission's recommendations
and approve plat subject to compliance with stipulations set forth by Commission,
was-seconded by Dickson and carried.
CODE' S 'HIGHVIEW PAi-HAWTHORNE REPLAT--PRELIMINARY PLAT APPROVED.
replat of Lots 17 and 18, Block 1, Code's Highview Park (Southeast Corner of
Benton Avenue and Bernard Place), carried Planning Commission's April 12th
recommendation for approval, and Dickson moved for approval by Council.
seconded by VanValkenburg and carried.
This four- lot
Motion
COSGROVE ADDITION-PRELIMINARY AND FINAL PLATS APPROVED. This plat, of the
Cosgrove property located on Ridge Road just south of Interlachen Blvd., carried
Planning Commission's April 12th recommendation for approval, in both Preliminary
and Final forms.
Final Plat of Cosgrove Addition was seconded by Dickson and carried.
Tupa's motion for approval by Council of Preliminary Plat and
FINAL PLAT OF "REARRANGEMENT OF LOT 1, BLOCK 2, STOW'S EDGEMOOR ADDITION." APPROVED.
Planning Commission's recommendation for approval of.Fina1 Plat carried stipulation
that, at the time of building, the rear wall of the garage unit for the 18-unit
building be bricked.
with April 12th recommendation of Planning Commission, was seconded by
VanValkenburg and carried.
Tupa's motion, that Final Plat be approved in accordance
STROTZ FIRST ADDITION FINAL PLAT APPROVED.
Corner of Ridge Road and Interlachen Blvd., was approved by motion Tupa, seconded
by VanValkenburg and carried, after review of Planning Commission's April 12th
recommendation for approval.
This plat, for property at Southeast
THE HEIGHTS FOURTH ADDITION FINAL PLAT APPROVED.
12th favorable recommendation was reviewed, and Tupa moved for approval of Final
Plat by Council.
Planning Commission's April
Motion seconded by VanValkenburg and carried.
D?O-FAMILY USE OF PREMrSES AT 408 GRIFFIT CLASSIFIED AS "NON-CONFORMING USE".
Council was appraised of Planning Commission's April 12th recommendation for
classification of the use of the residence at 408 Griffit St. for two-family
dwelling, as a "Non-Conforming Use" under the Village Zoning Ordinance.
classificatian comes about because Mrs. Molly Newland, owner, was able to
substantiate her claim that premises had been so used before adoption of the
Zoning Ordinance in 1931.
<,accord with Commission's reconmendation, was seconded by Dickson and carried.
This
Tupa's motion, that classification be made in
LAKE EDINA SECOND ADDITION LOT ELEVATIONS DISCUSSED. Planning Director Hite
told Council that Engineer's Certificate prescribing Lot Elevations for Lake
Edina 2nd Addition has not yet been received.
until May 1 to complete operations no action was taken.
Inasmuch as developer was given
NOTIFICATION TO BE MADE TO MR. STOW THAT HE HAS NO PERMIT TO EXCAVATE ON NELSON
FARM. Mr. Hite told Council that excavation operations are now beginning on the
Nelson Farm; that there is no permit for excavation or mining at this location.
Manager Hyde directed to so notify Mr. E. C. Stow, by letter.
HOPKINS-EDINA BOUNDARY CHANGE TO BE EFFECTED BETWEEN JEFFERSON AND MONROE AVENUES.
Planning Director Hite told Council that Hopkins is now requesting a Boundary
Change between Jefferson and Monroe Avenues, to correspond with the change made
in 1958 between Washington and Jefferson Avenues; namely the moving of the joint
boundary line South to a line 30 feet North of Blocks 5 and 6, West Minneapolis
Heights, between centerline of Jefferson Avenue and centerline of Monroe Avenue.
Super-Valu, which owns a strip of land 33 feet wide, just south of the present
Edina boundary line, will then dedicate to Hopkins a 15-foot wide strip at the
40 i 4/24/61.
south end of the Super-Valu strip, for road purposes. This will effect a 60-foot
right-of-way, 30 feet of which will be Edina's and 30 feet of which will belong to
Hopkins.
basis.
Ordinance for Change of Boundary, for Council action on May 8.
Dickson and carried.
It is planned by Edina and Hopkins to maintain this road on a cooperative
Tupa moved that the Village Attorney be directed to prepare the proper
Motion seconded by
TEIQORATXY EASEMENT FOR SANITARY SEWER IN LAKE EDINAaND ADDITION RELEASED.
Zikan told Council he has had a request for release of a Temporary Easement in
Hibiscus Lane, granted for Sanitary Sewer Construction; that the construction has
been complete$ and that this temporary easement is no longer needed.
5ires release/?emporary Easement for Sanitary Sewer over and across ''Two strips of
land each fifteen feet in width on either side of a 60-foot strip of land described
in Sanitary Sewer Easement dated March 11, 1957 and registered as Document No. 526747
in the office of the Registrar of Titles for Hennepin County. Tupa moved for
release of the temporary easement hereinbefore described. Motion was seconded by
Dickson and carried. (Note: Description of Easement corrected in Minutes of
COUNCIL CONSENTS TO REGISTRATION OF PART OF LOT 41, AUDITOR'S SUBDIVISION NO. 196
AND PART OF hX1/4 OF NE1/4, SECTION 7, TOVNSHIP 116, RANGE 21, BY ARVID E. CARLSON
& SON, IEC. Glerk reported receipt of "Land Title Summons in Application for
Registration of Land, No. 14843", which describes in detail the land proposed to
be registered.
the Village has no interest in easements within this property, and Dickson moved
for Council consent to Registration thereof.
and carried.
Engineer
He recommended
May 22, 1961, Page 56)
Planning Director Hite and Engineer Zilcan have both agreed that
Motion seconded by VanValkenburg
BIDDING SCHEDULES CHANGED.
been planned to have all road surfacing bids taken on May 22, the work load in the
Engineering Department is just too great to accomplish this; also, that it is
thought better from a bidding standpoint to have two bid dates--and that these
are the reasons for continuance of Ilearings of tonight's meetings to June 12,
rather than Nay 22.
Manager Hyde told Council that, while it had originally
Plan informally approved by Council.
COUNCIL SCHEDULES BIDS FORMAY 22.
and action taken at that time relative to schedule of bids, VanValkenburg offered
Pursuant to Public Hearings held March 27,
the following Resolution and moved its adoption:
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS, AND DIRECTING
ADVERTISEMENT FOR BIDS
BE IT RESOLVED by the Village Council of the Village of Edina:
The plans and specifications for the proposed PERMANENT SURFACE AND
CURBING, SANITARY SEWER, WATERMAIN, AND CURB AND GUTTER IMPROVEMENTS set forth
in the following Advertisement for Bids form, heretofore prepared by the Village
Engineer and now on file in the office of the Village Clerk are hereby approved.
date of opening of bids, in the Edina-Morningside.Courier and the Construction
Bulletin the following notice for bids for &&id improvements:
1.
2. The Clerk shall cause to be published, at least three weeks before the
ADVERTISEMENT FOR BIDS
BITUMINOUS SURFACE TREATMENT AND CONCRETE
SANITARY SEVER; WATERMAIN; STORM SEWER
CURB AND GUTTER; CONCRETE PAVEMENT AND INTEGRAL CURB;
AND CURB AND GUTTER ,
SEALED BIDS will be received and opened in the office of the Village Manager in
the Edina Village Hall, 4801W. 50th St., at 11:OO A.M., Monday, May 22, 1961, and
the Edina Village Council will meet at 7:OO P.M., on Monday, May 22, 1961, to
consider said bids, being for the following:
A. CONSTRUCTION OF BITUMINOUS SURFACE TREATMENT AND CONCRETE CURB AND GUTTER
IN
1.
2,
3.
' 4.
5.
6.
7.
8,
9.
10
11.
12.
13.
14.
15.
THE FOLLOWING STREETS:
Claremore Dr. fromWooddale Ave. to Oaklawn Ave.
West Shore Dr. from Dunham Dr. to Hibiscus Ave.
Dunham Dr. fromWooddale Ave. to West Shore Dr.
Kellogg Ave. from Claremore Dr. to Andever Rd.;
Wooddale Ave, from Dunham Dr. (W) to Gilford Dr.
Ellsworth Dr. from Wooddale Ave. * to Oaklawn Ave.
Concord Ave. from Valley View Rd. to W.62nd St.
Porter Lane fromW.6Oth St. to Code Ave.
Hansen Rd. from W.6Oth St. to W.61st St.
Tingdale Ave, from N.6Oth St. to Valley View Road
Clover Ridge from Tingdale Ave. to Valley View Rd.
W.6Oth St. from Code Ave. to Tingdale Ave.
W.6Oth St. from Tingdale Ave. to Iiwy.#lOO
W.60th St. from Porter Lane to Code Ave.
W.6Oth St. from Porter Lane to Hansen Rd.
Andover Rd. from Wooddale Ave. to Kellogg Ave.
I
an
4/24/61 411. 16. Bernard Place fromW.6Oth St. to Grove St.
17. Dale Ave. from Grove St. to W.57th St.;
18. Virginia Lane from Concord Ave. to Ashcroft Ave.
Grove St. from 163 Ft. E of centerline of Dale Ave. to Hansen Rd.
B.
STREETS LISTED ABOVE UNDER BITUMINOUS SURFACE TREATMENT AND CONCRETE
CURB AND GUTTER PLUS:
CONSTRUCTION OF CONCRETE PAVEMENT AND INTEGRAL CURB IN ALL THE
1. Fondell Dr. from Wooddale Ave. to Oaklawn Ave.
2. Gilford Dr. from West Shore Dr. to Oaklawn Ave.;
3. Oaklawn Ave, from Claremore Dr. to the S. line of South Garden Estates
CONSTRUCTION OF BITUMINOUS SURFACE TREATMENT, CONCRETE CURB AND GUTTER,
Kellogg Ave. from Gilford Dr. to S. line of South Garden Estaies 4th Addn,
4th Addn.
C.
AND VILLAGE SANITARY SEWER AND APPURTENANCES INTHE FOLLOWING STREET:
D.
E.
F.
G.
H,
1.
1. Code Ave. fromW.6Oth St. to Benton Ave. (Actually 503.64' N. of
W.6Oth St.)
CONSTRUCTION OF CONCRETE PAVEMENT AND INTEGRAL CURB, VILLAGE SANITARY
SEWER AND APPURTENANCES IN THE FOLLOWING STREET:
1. Code Ave. fromW.6Oth St. to Benton Ave. (Actually 503.64' N. of
17.6Oth St.)
CONSTRUCTION OF BITUMINOUS SURFACE TREATMENT, CONCRETE CURB AND GUTTER,
VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING STREETS:
1. Code Ave. from W.6Oth St. to Benton Ave.
2. Tingdale Ave. fromW.6Oth St. to Benton Ave.
AND APPURTENANCES IN THE FOLLOWING STREETS:
1. Code Ave. fromW.6Oth St. to Benton Ave.
2. Tingdale Ave. fromV.6Oth St. to Benton Ave.
VILLAGE STORM SEWER AND APPURTENANCES IN THE FOLLOWING STREETS:
1. Concord Ave. from W.64th St. to W.62nd St.;
CONSTRUCTION OF CONCRETE PAVEMENT AND INTEGkAL CURB, VILLAGE WATERMAIN
CONSTRUCTION OF BITUMINOUS SURFACE TREATMENT, CONCRETE CURB AND GUTTER,
W.63rd St. from Concord Ave. to Ashcroft Ave.;
Ashcroft Ave. fromW.64th St. to St.Johns Ave.;
St.Johns Ave. fromW.64th St. to Valley View Road.
CONSTRUCTION OF CONCRETE PAVEMENT AND INTEGRAL CURB, VILLAGE STORM
SEWER AND APPURTENANCES IN THE FOLLOWING STREETS:
1. Concord Ave. fromW.64th St. to W.62nd St.;
W.63rd St. from Concord Ave. to Ashcroft Ave.;
Ashcroft Ave. from TJ. 64th St. to St. Johns Ave . ;
%.Johns Ave. from W.64th St. to Valley View Road.
CONSTRUCTION OF CONCRETE CURB AND GUTTER IN THE FOLLOWING STREET:
1. Virginia Lane from Concord Ave. to Virginia Ave.
Work must be done as described in plans and specifications on file in the
office of the Village Clerk.
deposit of $25.00 (by check), which deposit will be refunded upon return of
said plans and specifications.
accompanied by cash deposit, bid bond or certified check payable to the
Village Clerk in the amount of at least ten percent of amount of base bid.
The Council reserves the right to reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
Plans and specifications are available for a
No bids will be considered unless sealed and
GRETCHEN S. ALDEN
Village Clerk
3.-
hereby adopted as the terms and conditions of award of the contracts for said
improvements.
Each and all of the terms of the foregoing advertisement for bids are
lkenburg, aye; and Bredesen, aye; the Resolut
CLAIM FOR PROPERTY DAMAGE FILED BY A.J. PRICE, 5540 ST.JOHNS AVENUE. Manage?
Hyde reported that Claim for $3,400 for damages allegedly suffered to their
property as the result of storm drainage during storm of 1960, resulting from
the Village's plugging of a drain; that Claim has been referred to Village
Attorneys for action.
COUNCIL APPROVES EFFORTS FOR PASSAGE OF COMBINATION OASDI-PERA BILL.
Hyde reported that this Bill is still housed in Committee, and asked for
permission to prod legislators for passage at this Special Session.
approved action by common consent.
Manager
Council
42 4/24/61
ORDINANCE NO. 149 ADOPTED. This Ordinance, whhh had its First Reading on
April 10, was reviewed and discussed, Manager Hyde recommending its adoption.
Dickson offered for its Second Reading the following Ordinance, moving its
adopt ion :
ORDINANCE NO. 149
AN ORDINANCE TO PROMOTE PUBLIC HEALTH,
ESTABLISHING AND REQUIRING COMPLIANCE
WITH MINIMUM STANDARDS OF HOUSING AND
HOUSING EQUIPMENT, AND PRESCRIBING
PENALTIES
THE VILLAGE COUNCIL OF THE VILUE OF-EDINA ORDAINS:
Section 1. Declaration of Policy. The Village Council declares that
the purpose of this ordinance is to protect, preserve, and promote the physical
and mental health of the people, investigate and control communicable diseases,
regulate privately and publicly owned dwellings for the purpose of sanitation
and public health, and portect the safety of the people and promote the general
welfare by legislation which shall be applicable to all dwellings now in- exist-
ence or hereafter constructed and which: (1) established minimum standards for
basic equipment and facilities for light, ventilation and heating, for safety
from fire, for the use and location, and amount of space for human occupancy,
and for safe and sanitary maintenance; (2) determines the responsibilities of
owners, operators and occupants of dwellings; and (3) provides for the admini-
stration and enforcement thereof.
the Public Health Housing Code.
interpretation and enforcement of this ordinance and the following words and terms
Section 2. Title.
Section 3. Definitions. The following definitions shall apply in the
This ordinance shall be known and may be cited as
-
wherever they occur in this ordinance are defined as follows:
with this ordinance or other pertinent ordinances of the Village.
which is partly below and partly above grade, the floor of which is less than
four feet below the average grade of the adjoining ground.
*%ellar*' means that portion of a dwelling between floor and ceiling
which is below or partly below grade, the floor of which is more than four feet
below the average grade of the adjoining ground.
intended to be used for living or sleeping by human occupants, except temporary
housing.
dwelling and forming a signfe habitable unit with facilities which are used or
intended to be usedafor living, sleeping, cooking, eating, and a part of which
is exclusively or occasionally appropriated to cookery.
"Extermination" means the control and elimination of insects, rodents,
vermin or other pests by eliminating their harborage places; by removing or
making inaccessible materials that may serve as their food; or by poisoning,
spraying, fumigating, trapping, or similar means.
handling, preparation, cooking, or consumption of food.
eating or cooking, excluding bathrooms, toilet compartments, closets, halls and
storage places.
"Approved" means constructed, installed, and maintained in accordance
"Basement'' means that portion of a dwelling between floor and ceiling
"Dwelling" means any building which is wholly or partly used or
"Dwelling Unit" means any room or group of rooms located within a
"Garbage" means the animal and vegetable waste resulting from the
"Habitable Room" means a room designed to be used for living, sleeping,
"Health Officer" means the Health Officer of the Village or his deputy.
rfHotel" means any dwelling, or that part of any dwelling, containing
one or more rooming units in which space is let to three or more persons who are
transients or permanent guests.
rodents, vermin or other pests of such kind or in such numbers as to cause a
hazard to health. I
units.
cooking or eating in, or having actual possession of, a dwelling unit or rooming
unit .
controls any dwelling, or part thereof, in which dwelling units or rooming units
are let.
%mertf means any person who, alone or jointly or severally with others:
(a) has record legal title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof;
(b) acts as the agent of the person holding the record legal title of any
dwelling or dwelling unit; or
(c) is the person representative or fiduciary of an estate through which the
record legal title to the real property in which any dwelling or dwelling unit is
admini s t ered .
"1nfestation"means the presence, within or around a dwelling, or insects,
"Nultiple Dwelling" means any dwelling containing more than two dwelling
"Occupant" means any person over two years of age, living, sleeping,
"Operatort' means any person; whether the owner or not, who manages or
4/24/61 43 "Person" means a natural person for purposes of the occupancy
standards hereof, and for other purposes means a natural person or legal entity.
"Rooming Unit" means any room or group of rooms forming a single
habitable unit used'or intended to be used for living and sleeping, but no
part of which is exclusively or occasionally appropriated to cookery.
"Rooming House" means any dwelling, or that part of any dwelling,
containing one or more rooming units in which space is let to three or more
persons who are permanent guests.
household and yard debris, and ashes.
control of the owner or operator.
used for human shelter which is designed to be transportable and which is not
attached to the ground, to another structure, or to any utilities system, or
which is situated in a licensed trailer park.
"Rubbish" means combustible and noncombustible waste materials,
"Supplied" means paid for, furnished, provided by, or under the
"Temporary Housing" means any tent, trailer coach, or other structure
Section 4. Inspection. For the purpose of determining compliance
with the provisions of this article, the Health Officer is hereby authorized
and directed to make inspections to determine the condition, use and occupancy
of dwellings, dwelling units, rooming units, and the premises upon which the
same are located.
Officer is hereby authorized to enter, examine and survey a11 dwellings,
dwelling units, rooming units and premises upon which the same are located,
at all reasonable times. The owner, operator and occupant of every dwelling,
dwelling unit, and rooming unit shall give the Health Officer free access to
such dwelling, dwelling unit or rooming unit and its premises for the purpose
of such inspection, examination, and survey. Every occupant of a dwelling
shall give the owner thereof, or his agent or employee, access to any part
of such dwelling or its premises, at all reasonable times, for the purpose
of making such repairs or alterations as are necessary to effect compliance
with the provisions of this ordinance.
For the purpose of making such inspections, the Health
hereo
Section 5.
(a) Notice of Violation.
If is applicable, whenever the Health Officer determines that there has
Enforcement of Housing Code.
Except in those instances to which section 12
--
been a violation of any one or more provisions of this ordinance he shall give
notice of such alleged violation to the person or persons who are or may be
responsible therefor, as enumerated in (4) below. Such notice shall:
(1) be in writing,
(2) particularize the violation or violations alleged to exist or to
(3) provide a reasonable time, but not less than 30 days. in any event,
(4) be addressed to and served upon the owner of the property, the
have been committed;
for the correction of the violation or violations particularized; and
operator of the dwelling, and the occupant of the dwelling unit or the rooming
unit concerned, if the occupant is or may be responsible for the violation.
Service shall be as provided for personal service by the rules of civil
procedure for court of record in Minnesota, or by registered orcertified
mail, return receipt requested, delivered to the addressee only. If service
is made by registered or certified mail, the Health Officer shall make a
record giving details regarding the mailing. If one or more persons to
whom the notice is addressed cannot be found or served after diligent effort
so to do, service may be made upon such person or persons by posting a notice
in a conspicuous place in or about the dwelling affected by the notice, in
which event the Health OfEicer shall include in the record a statements as
to why such posting was necessary.
(b) APP ea1 to the Village Council. Any person affected by a notice
issued hereunder, who is aggrieved thereby, and who believes the same to be
factually or legally contrary to the ordinances of the Village, may within
15 days after service of the same, appeal therefrom to the Village Council
by filing a written appeal in the office of the Village Clerk, and such
appeal shall be heard by the Council within 30 days after it was filed.
Notice of the date, time and place of such hearing shall be given to the
appellant in the same manner as notice of the violation.
(c) Effect of Appeal. The taking of an appeal shall, during the
pendency thereof, have the effect of restraining the Health Officer or any
other pfficer of the Village from proceeding in any manner upon the asserted
violation or violations.
44 i 4/24/61
(d) Hearing.
be heard at the hearing, whereupon the Council may:
(1)
alleged, in whole or in part; and
(2)
extent of the correction required, and the time within which the correction
must be made.
The appellant or his attorney shall have the opportunity to
affirm or deny the existence of any violation or violations as
if a violation has been found to exist, confirm or modify the
.(e) Correction of Violation by Village and Assessment of Cost. In all cases
of violation of this ordinance to which Minnesota Statutes, Sections 145.22 and
145.23 are applicable, the Health Officer may proceed as therein provided to abate
or remove the violation and, if deemed necessary, to have the cost thereof specially
assessed against the lot or parcel where the violation was located.
cases, said statutory remedies and procedure may be used either concurrently with,
or separate from, the procedures prescribed in this oardinance.
In suitable
Section 6. Minimum Standards for Basic Equipment and Facilities. No
person shall occupy or let to another for occupancy any dwelling unit which does
not comply with the following requirements :
Every dwelling unit shall contain a kitchen sink in good working condition
and properly connected to an approved water and sewer system.
Every dwelling unit (except as otherwise permitted by paragraph (e)
hereof) shall contain a room which affords privacy to a person within said room
and which is equipped with a flush water closet in good working condition and
properly connected to an approved water and sewer system.
Every dwelling unit (except as otherwise permitted by paragraph (e)
hereof) shall contain within its walls a lavatory basin in good working condition,
properly connected to an approved water and sewer system and located in the same
room as the required flush water closet, or as near to that room as practicable.
Every dwelling unit (except as otherwise permitted by paragraph (e)
hereof) shall contain, within a roomwhich affords privacy to a person within
said room, a bathtub or shower in good working condition and properly connected
to an approved water and sewer system.
flush water closet, a single lavatory basin, and a single bathtub or shower, pro-
vided that the following conditions are satisfied:
occupants :
good working condition and properly connected to the water and sewer system, and
are accessible to the occupants of one dwelling unit without passing through any
sleeping room of the other dwelling unit;
occupants of neither unit are required to go outdoors to reach the facilities.
the provisions of paragraph (a), (c), (d) and (e) hereof shall be connected with
both hot and cold water lines in an approved manner.
Every dwelling unit shall be supplied with rubbishk storage facilities
whose cype and location are approved.
Every dwelling unit shall have adequate garbage disposal facilities or
garbage storage containers whose type and location ad approved.
Every dwelling shall have water-heating facilities which are installed
in an approved manner, are maintained and operated in safe and good working condi-
tion, are properly connected with the hot water lines required under the provisions
of paragraph (f) hereof, and are capable of heating water to such a temperature
as to permit an adequate amount of water to be drawn at every required kitchen sink,
lavatory basin, bathtub or shower at a temperature of not less than 120 degrees
Fahrenheit. Such water-heating facilities shall be capable of meeting the require-
ments of this section when the heating facilities required under the provisions of
section 7(d) are not in operation.
(j) Every dwelling unit shall have a safe, unobstructed means of egress.
Every dwelling unit located above the first floor, and every rooming house where
three or more rmomers occupy one or more rooming units located above the first
floor, and every basement dwelling unit, shall have at least two independent
egress stairways which shall be located remote from each other, and one of such
stairways shall be an inside stairway.
above the first floor shall comply with the following requirements:
(1)
the specified floor without passing through any room other than a public hall;
(2)
with a street or alley;
(3)
(4)
(a)
(b)
(c)
(d)
(e) The occupants of not more than two dwelling units may share a single
(1) Neither of the two dwelling units can accommodate more than two
(2) Such water closet, lavatory basin, and bathtub or shower are in
(3) Such dwelling units are in the same building, arranged so that the
Every kitchen sink, lavatory basin and bathtub or shower required under (f)
(g)
(b)
(i)
Every such egress stairway serving units
It shall be easily accessible from every dwelling unit located on
It shall lead directly to a street or alley, or open court connected.
It shall be kept in good order and repair;
It shall be unobstructed at all times.
4/24/61 45
(5) *pened from the inside, and remain unlocked or be of a type which can be
All doors used in connection with such egress must be easily
unlocked from the inside without the use of a key; where multiple dwellings
have more than five dwelling units or more than ten sleeping rooms sharing
the same means of egress, the doors serving such shared means of egress shall
swing outward and be self closing.
required stairway;
(6) No window shall be considered a proper means of egress to a
(7)
(8)
All inside stairway exits shall lead to an exit door;
All exit stairways of three or more risers shall have at least
one hand rail, and all stairways which are three feet six inches or more in
width, or which are open on both sides shall have a hand rail on each side;
Risers of stairs shall not exceed eight inches and treads
shall not be less than nine inches;
All hand rails shall be not less than 28 inches nor more than
38 inches vertically above the nose of the stair treads of stairway platforms;
The minimum width of all existing required egress ‘stairways
shall be 36 inches measured at the face of the tread;
All multiple dwelling shall have a stairway or stairway fire
excape with an exit directly thereto from a public hall located within 40 feet
from the exit of each dwelling unit above the first floor if such multiple
dwelling is of non-$ireproof construction, or within 50 feet from such exit if
such building is of fireproof construction.
constitute a required stairway.
order and repair, and all iron shall be kept painted and free from rust.
All doors opening into a fire escape of any multiple dwelling having three
or more stories shall be of fire proof construction and shall be self-
closing. Vertical ladders shall not be considered a required fire escape.
No fire escape shall pass a window unless such window is of fireproof
construction (wire glass and metal frame).
at ground level or shall have properly constructed and maintained counter-
balanced steps for the last flight.
(9)
(10)
(11)
(12)
Fire escapes are emergency means of egress and as such do not
All fire escapes shall be kept in good
All fire escapes shall terminate
Section 7. Minimum Standards for Light, Ventilation, and Heating.
No person shall occupy or let to another for occupancy any dwelling or dwelling
unit for the purpose of lving therein, which does not comply with the following
requirements:
(a) least one window or skylight facing directly to the outside, and.shal1 have a
minimum of 50 foot-candles of daylight illumination, measurable at the
epicenter of the room, 30 inches above floor level, with a standard light
meter facing the light source at noon Central Standard Time, with the sky
of normal brightness.
(a) hereof shall be easily openable unless some other comparable method of
ventilating the room is provided.
Every bathroom and water closet compartment shall have at least
one window or skylight facing directly to the outside in order to provide
adequate ventilation.
able method of ventilation.
Every dwelling and dwelling unit shall have heating facilities
which are installed in an approved manner and are maintained in safe and
good working condition, and are capable of safely and adequately heating
all habitable rooms, bathrooms, and water closet compartments located
therein to a temperature of at least 70 degrees Fahrenheit at a distance
three feet above floor level, when the temperature outside is minus 20
degrees Fahrenheit. Such heating equipment shall be operated as reason-
ably necessary to maintain a temperature in all habitable rooms of 70
degrees Fahrenheit.
Every public hall or stairway in or leading into every multiple
dwelling shall have a minimum of 10 foot-candles of illumination, measur-
able with a standard light meter at floor level in halls and tread levels
on stairways, at all times when the structure is occupied.
(f)
the following requirements:
outlet for each 20 lineal feet, or major fraction thereof, measured horizont-
ally around the room at the baseboard line, provided that in each room one
ceiling-type electric light fixture may be substituted for one of the
required electrical convenience outlets.
frunace room, and public hall shall contain at least one ceiling or wall-
type electric light fixture.
Every habitable room in a dwelling or dwelling unit shall have at
(b) At least one-half of the window or skylight required by paragraph
(c)
The enforcing officer may approve some other accept-
(d)
(e)
Every dwelling shall be supplied with electricity and shall meet
(1) Every habitable room shall contain one electrical convenience
(2) Every water closet compartment, bathroom, laundry room,
4/24/61
(3)
During the portion of each year when the Health Officer finds it
Every outlet and fixture shall be installed in an approved manner
and maintained in good and safe working condition.
necessary to protect against mosquitoes, flies, and other insects, which are of
such kind and occur in such numbers as to cause a hazard to health, every door
opening directly from a dwelling to outdoor space shall have a screen door with
a self-closing device; and every window or other device with openings to outdoor
space used or intended to be used for ventilation, shall likewise be 3upplied
with screens
(g)
Section 8. General Requirements Relating to the Safe and Sanitary
Maintenance of Parts of 'Dwellings and Dwelling Units. No person shall occupy or
let to another for occupangy any dwelling or dwelling unit which does not comply
with the following requirements:
weathertight, watertight, and rodent proof and shall be kept in sound condition
and good repair.
Every floor, interior wall and ceiling shall be kept in sound condition
and good repair.
Every window, exterior door, and basement hatchway shall be reasonably
watertight, weathertight, and rodent proof and shall be kept in sound working
condition and good repair.
condition and good repair.
approved manner and maintained in good, sanitary working condition, free from
defects, leaks and obstructions.
Every water closet compartment floor surface and bathroom floor surface
shall be constructed and maintained so as to be reasonably impervious to water and
so as to permit such floor to be easily kept in a clean and sanitary condition.
this ordinance shall be so constructed and installed that it will function safely
and effectively, and shall be maintained in satisfactory working condition.
equipment or utility which is required under this ordinance to be removed from,
shut off, or discontinued in-any occupied dwelling or dwelling unit, except for
such temporary interruption as may be necessary while actual repairs or altera-
tions are in process? or during temporary emergencies.
Section 9. Minimum Space, Use and Location Requirements.
No person shall occupy or let to another for occupancy any dwelling or
(1)
(a) Every foundation, exterior wall and roof shall be substantially
(b)
(c)
(d)
(e)
Every inside and outside stairway shall be maintained in safe and sound
Every plumbing fixture and water and waste pipe shall be installed in an
(f)
(8) Every facility, piece of equipment, or utility which is required under
(h) No owner, operator, or occupant shall cause any service, facility,
(a)
dwelling unit which does not comply with the following requirements:
first occupant thereof and at least 100 additional square feet of floor space for
every additional occupant thereof, the floor space to'be calculated on the basis
of total habitable room area, provided that non-habitable area shall be counted
in determining the maximum permissible occupancy up to ten percent of the total
habitable area.
At least one-half of the floor area of every habitable room shall
have a ceiling height of at least seven feet; and the floor area of that part of
any room where the ceiling height is less than five feet shaIl not be considered
as part of the floor area in computing the total floor area of the room for the
purpose of determining the maximum permissible occupancy thereof.
(b)
shail be used as a dwelling unit or rooming unit unless:
The floor and wallsfagg impervious to leakage of underground and
surface runoff water and are free/dampness;
The total amount of light furnished in each room is equal to at
least the minimum amount of light as required in section 7, paragraph (a); and
"he facilities for ventilation in each room are equal to at least
the minimum as required under section 7, parggraph (b).
It shall contain at least 150 square feet of floor area for the
(2)
No basement space shall be let as habitable room and no basement space
(1)
(2)
(3)
No cellar space shall be used as a habitable room or dwelling unit. (c)
Section 10. Responsibilities of Owners and Occupants.
Every owner of a dwelling containing two or more dwelling units shall (a)
be responsible for maintaining in a clean and sanitary condition the shared or
public areas of the dwelling and premises thereof.
Every occupant of a dwelling or dwelling unit shall keep in a clean
and sanitary condition that part of the dwelling, dwelling unit, and premises
thereof which he occupies and controls.
(c) Every occupant of a dwelling or dwelling unit shall dispose of all
his garbage and other organic waste which might provide food for insects and
rodents, in a clean and sanitary manner, by placing it in the garbage disposal
facilities or garbage storage containers required by section 6, paragraph (h).
(d) Every occupant of a dwelling unit shall keep all plumbing therein in
a clean and sanita reasonable care inyhe proper use and operation thereof.
(b)
condition and shall be responsible for the exercise of
4/24/61
h
(e)
be responsible for the extermination of any insects, rodents, or other pests
therein or on the premises; and every occupant of a dwelling unit in a dwelling
containing more than one dwelling unit shall be responsible for such extermina-
tion whenever his dwelling unit is. the unit primarily infested. Notwithstanding
the foregoing provisions of this paragraph, whenever infestation is caused by a
failure of the owner or operator to maintain a dwelling in a ratproof or reason-
ably insect proof condition, extermination shall be the responsibility of the
owner and operator.
units in any dwelling, or in the shared or public parts of any dwelling contain-
ing two or more dwelling units, extermination thereof shall be the responsibility
of the owner and operator.
Every occupant of a dwelling containing a single dwelling unit shall
Whenever infestation exists in two or more of the dwelling
,
Section 11. Rooming Houses. No person shall operate a rooming house,
or shall occupy or let to another €or occupancy any rooming unit, except in com-
pliance with all the applicable provisions of this article and the following
provisions :
There.shal1 be supplied at least one flush water closet, lavatory
basin, and bathtub or shower, properly connected to a water and sewer system in
an approved manner and maintained in good working condition, for each eight
persons, or fraction thereof, including the operator's family wherever they
share the use of the said facilities. However, in a rooming house where rooms are
let only to males, flush urinals may be substituted for not more than one-half
the required number of flush water closets.
located within the dwelling as to be reasonably accessible from a common hall
or passageway to all persons sharing such facilities. Every lavetory basin and
bathtub or shower shall be supplied with hot water at all times.
The operator of every rooming house shall supply and change bed linen
and towels therin at least once each week, and prior to the letting of any room
to an occupant.
supplied bedding in a clean and sanitary manner.
at least 70 square feet of floor space and every room occupied for sleeping pur-
poses by more than one person shall contain at least 50 square feet of floor
space for each occupant thereof.
egress leading to safe and open space at ground level.
sanitary maintenance of all walls, floors, and ceilings, and for maintenance
of a sanitary condition in every other part of the rooming house and the
premises thereof.
shall also apply to hotels, and in addition, every hotel where both sexes are
accommodated shall be proaided.with separate rooms with toilet located in the
building which shall be conspicuously marked for each sex.
(a)
All such facilities shall be so
(b)
The operator shall be responsible for the maintenance of all
(c) Every room occupied for sleeping purposes by one person shall contain
(d) Every room unit shall have approved, safe, unobstructed means of
(e) The operator of every rooming house shall be responsible for the
(f) Every provision of this ordinance which applies to rodming houses
uni t
Section 12. Designation of Unfit Dwellings and Order Requiring Vacation.
(a) Designation. Whenever the Health Officer finds any dwelling, dwelling , or rooming unit which does not conform to the standards established by this
ordinance, and which by reason of such nonconformity presents an imminent hazard
to public health, or to the physical or mental health of the occupants therein,
the Health Officer may, without prior notice or hearing, designate such dwelling,
dwelling unit, or rooming unit as unfit for human habitation.
(b) Placarding; Order to Vacate. Any dwelling, dwelling unit, or rooming
unit designated as unfit for human habitation by the Health Officer shall be
appropriately placarded as such and shall be vacated by the occupants thereof
within the time specified in such placard.
directing vacating, and shall permit not less than 10 days from the date of such
placarding for the vacating of such dwelling, dwelling unit, or rooming unit unless
a lesser time is stated in the order in view of the facts of the situation and the
hazard involved, as in the judgment of Zhe Health Officer is reasonable and proper.
(c) Correction of Defects. No dwelling, dwelling unit, or rooming unit
which has been designated as unfit for human habitation and placarded as such
shall again be used for human habitation until written approval is secured from,
and such placarding is removed by, the Health Officer. The Health Officer shall
remove such placard whenever the defect or defects upon which the designation and
placarding action were based have been eliminated and the dwelling, dwelling unit,
or rooming unit has been made to conform to the standards established by this
ordinance.
(d) Unlawful to Deface Placard. It shall be unlawful for any person to
deface, remove or obscure any placard affixed under the provisions of this
ordinance .
Such placard shall be deemed an order
1
48 I
(e) any dwelling, dwelling unit, or rooming unit as unfit for human habitation who
believes the designation to be factually or legally contrary to the ordinances of
the Village may appeal from the same to the Village Council, in the same manner
as appeal may be taken from a notice of violation under section 5 of this
ordinance.
or separate from, the procedures in cases of violation set forth in section 5
of this ordinance.
Appeal to Village Council. Any person aggrieved by the designation of
(f) The procedure prescribed in this section may be used condurrently with,
Section 13. Penalty. Any person who fails to correct any violation
of this ordinance after notification thereof by the Health Officer with'the time
fixed by him of the Village Council, or who fails within the time specified to
vacate any premises designated as unfit for human habitation under section 12
of this ordinance, or who defaces, removes or obscures any placard put up under
said section 12, is guilty of a misdemeanor, and shall be subject to a penalty of
a fine of not exceeding $100.00 or imprisonment in the Village or County jail for
a period of not exceeding 90 days, with costs of prosecution in case of either
fine or imprisonment. .
Motion for adoption of Ordinance as offer
there were four ayes and no nays, as foll
aye; and Bredesen, aye; and the Ordinance
by Tupa, and on Rollcall
COUNCIL ADOPTS ORDINANCE LICENSE KART TRACKS. Some considerable discussion was
had by the Council pursuant to the second reading of proposed Ordinance No. 27,
"An Ordinance Regulating and Requiring the Licensing of Kart Tracks and Providing
a Penalty". Main
topic of discussion was "time of operation", closing hour having been set in the
ordinance at 11:OO P.M.
hour, advocating it be changed to 1O:OO P.M. The Kart Track representative told
Council that the hour between M:OO and 11:OO is the busiest time at the track;
that he is sure the operation would not be profitable without it. Stating that
the Council's first duty is the protection of its,residents against noise and
light nuisances of this type of operation, as contrasted to any responsibility
€or profitable commercial operation, Mayor Bredesen suggested that the 11:OO P.M.
closing hour be permitted, subject to the first legitimate residential complaint,
at which the ordinance can be amended to require a 1O:OO P.M. closing.
%pa offered the following Ordinance and moved its adoption:
A representative of the firm requesting license das present.
Messrs. Bredesen and Dickson demurred at this closing
Vith this,
ORDINANCE NO. 27
AN ORDINANCE REGULATING AND
REQUIRING THE LICENSING OF
KART TRACKS AND PROVIDING A
PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA ORDAINS:
defined as any single-seat sport vehicle weighing less than 150 pounds powered by
an internal combustlon engine or engines having not more than four (4) horsepower,
and a "kart track" is defined as any track, area or surface upon which karts are
driven and which is operated as a business enterprise by charging a fee for
admission to the track area or for the privilege of operating a kart thereon.
Section 1. Definitions. For purposes of this ordinance, a "kart" is
Section 2. License Required. No person shall operate, or permit to
be operated upon premises owned or leased by him, any kart track without a
license having been obtained to operate the same.
Section 3. License Procedure and Control: Penalties. The provisions
of Ordinance No. 20 of the Village, including the penalty provisions thereof,
shall apply to all licenses required by this ordinance and to the holders of
such licenses.
Section 4. App lication for License.
His name and business and home address, or, if the applicant is an
The applicant for a license shall
disclose upon or attach to the form of application the following information:
association or corporation, the name and address of such partnership, association
or corporation;
If the applicant is a partnership, the names and business and home
addresses of all partners; if the applicant is an association or corporation, the
names and business and home addresses of the majority of the owners thereof;
and
(a)
(b)
(c) The address of the premises where the enterprise is to be conducted;
4/24/61
I
(d) A plan of such premises, drawn to scale, showing the distance from
from such premises to the nearest public streets, the location and dimensions
of the track, of the parking facilities provided in connection therewith,
and of the spectator area, and the location of the lighting fixtures.
Section 5. License Fee. The fee for the license required by this
ordinance shall be $5.00 per Kart per annum, or $40.00 per annum, whichever
is greater.
Section 6. Liability Insurance. The' applicant shall also furnish
evidence that a public liability insurance policy in amounts of not less
than $100,000 for one person and $300,000 for any one accident has been
procared with respect to the premises to be licensed.
Section 7. Required Facilities.
Off-street parking facilities shall be provided at least equal in
Illumination shall be provided so that there shall be not less than
(a)
area to the area of the track.
(b)
Fifteen (15) foot-candles of light in the area of the track, measured at any
point which is 3 feet above the track.
Section 8. Regulations for Track Operation. Every holder of a
license hereunder shall be responsible for maintaining and enforcing the
following restrictions on operation of any kart track:
(a)
(b)
No competitive racing shall be permitted.
No kart,shall be driven on the kart track which is capable of a
speed in excess of 25 miles per hour.
be made ky use of a governor which cannot be manually adjusted by the driver
Compliance with this restriction may
while operating the*kart. t
(c) No kart shall be driven on the track which is not equipped with a
muffler .
(d) No sound amplification system shall be permitted to be used at the
tiack.
(e) No kart or other vehicle weighing more than 150 pounds or having
more than four (4) horsepower shall be allowed to be operat9d on-the track.
(f) The hours of operation of the track shall be limited to the hours
9:00 o'clock A.M. and 11:OO o'clock P.M.
Section 9. Penalty. Any person who violates or fails to comply
with any provision of this ordinance, either as the operator of a track or as
a patron thereof, shall be guilty of a misdemeanor, and subject to a fine of
not to exceed $100, or imprisonment for a period not to rexceed 30 days ,
with costs of prosecution in either case to be added.
Motion for 'adoption of the Ordinance as offered was seconded by Dickson,
and on Rollcall there were four ayes and , as follows: Dickson, aye;
Tupa, aye; VanValkenburg,, aye; and Brede aye; and the Ordinance was
adopted. n
TRACT A, REGISTERED LAND SURVEY NO. 148 REQUESTED BY VILLAGE, FOR STREET PURPOSES
Clerk reported that Tax-Delinquent Tract A, Registered Land Survey No. 148, is
actually being used as a part of Dever Drive, and it is the Engineer's
recommendation that the Council request its acquisition for street purposes.
This property is contained in classification List 'r506-Ctr, January 31, 1961,~
and is about to be placed on T;ax sale. Tupa offered she following Resolution
and moved its adoption:
RESOLUTION FOR ACQUISITION OF TAX FORFEITED
LAND, FOR STREET PURPOSES
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota,
that the Village Attorney be authorized and directed to file "Application by
Governmental Subdiviqion for Conyeyance of Tax-Forfeited Lands" for the
following property contained in Hennepin County Auditor's List "506-Ci',
January 31, 1961, said property to be tised by the Village of Edina for
street purposes :
Tract A, Registered Land Survey No. 148 (Plat 76616, Parcel 3000)
BE IT FURTHER RESOLVED, that che M8yor and Clerk of this Village be author-
ized and directed to sign said application on behalf of the Village of Edina.
4/24/61 .
Motion for adoption
Ro 1 lcal 1 there were
of Resolution was seconded by VanValkenburg, and on
four ayes and no nays, afillows: Dickson, aye;
Tupa, aye; VanValkenburg, aye; and Bred
was adopted.
/
CLAIMS PAID. Dickson's motion for payment of the following Claims, as per
Pre-List dated April 24, 1961, was seconded by =pa and carried:
General Fund, $17,808.54; Construction Fund, $855.20; Park, Park
Construction and Swimming Pool, $1,526.73; Water Fund, $16,336.34; Liquor
Fund, $44,072.13; Sewer Rental Fund, $393.29; Improvement Funds, $315.98;
and Poor Fund, $16.00 -- Total, $81,324.21.
ADJOURNMENT OF MEETING was had at 12:lO A.M., Tuesday, April 25, by motion
Dickson, seconded by Tupa and
Village Clerk
IIINUTES OF THE RJ?.GULAR MEETING OF THE
EDINA VILLAGE COUNCIL, HEI;D MONDAY, MAY 8,
1961 AT THE EDINA VILLAGE HALL.
Members answering Rollcall were Dickson, Tupa and VanValkenburg.
Pro Tem Dickson presided in Mayor Bredesen's absence.
Mayor
MINUTES of the Regular Meeting of April 24, 1961, were approved subject to
a correction in the Resolution Approving Plans and Specifications, etc., as
recorded on Page 40 of this Minute Book, relative to the Permanent Surfacing
and Curb of West Shore Drive, by motion Tupa, seconded by VanValkenburg and
carried.
thought that the two lots at the south end of West Shore Drive were omitted
from the specifications.
Minutes of April 24).
Mr. Tupa explained that when he voted for this Resolution he had
(See Minutes of later in this meeting, approving
PUBLIC flEARING ON PETITION OF R.H. PETERSON FOR REZONING FROM "MULTIPLE
RESIDENCE DISTRICT" TO "OFFICE BUILDING DISTRICT" OF THE EASTERLY 240 FEET
OF BLOCK 9, STOW'S EDGEMOOR.
Edina-Morningside Courier April 27 and May 4, 1961, of "Notice of Public
Hearing", and Affidavit of Posting of same notice on April 29. Planning
Director Hite submitted Affidavit of Mailing. Telling the audience that
Council cannot take final action tonight on this request because adoption
of an ordinance to rezone requires a favorable vote of four, but that
Council will conduct Hearing this evening and take final action on
May 22.
obje&&nfa&& &en received prior to the Hearing, and Tupa moved, offering
for/its hrst Reading ORDINANCE NO. 261-61--f1An Ordinance Amending Ordinance
No. 261 (Zoning Ordinance) of the Village of Edina, Establishing an Additional
Office Building District," and scheduling Second Reading of said Ordinance
No. 261-61 for Monday, May 22. VanValkenburg's second accepted First Reading;
and motion for acceptance of First Reading this evening, and second reading
at May 22nd meeting, was carried.
Clerk presented Affidavit of Publication in
No objections were forthcoming from the floor, and no written
PUBLIC HEARING ON PETITION OF DICK ANDERSON FOR SPECIAL PERMIT FOR DOUBLE
BUNGALOWS ON LOTS 7, 8 AND 9, BLOCK 2, MIRROR LAKES MEADOW RIDGE SECOND ADDN.
(SOUTK SIDE OF W.56TH ST., NORTH OF EII.Ty.#169) .
presented Affidavit of Mailing of Notice of Hearing, and, pursuant to said
Notice, Mayor Pro Tem Dickson invited objections and recommendations from
the audience. Planning Director Hite reported the Planning Commission's
favorable recommendation--the property inquestion being three large lots
having frontages on both Hwy.#169 and V.56th Street.
questioned the matter of storm sewer, here, and Manager Hyde reported that
the Colmnission feels Mr. Anderson's purchase agreements should make buyers
aware of a forthcoming storm sewer assessment. Mrs. Kenneth Boyd, 5532
Mirror Lakes Drive, presented a petition in objection, which petition was
supported by a substantial delegation.
of objections, the matter be sent back to the Planning Commission for its
consideration May 10, and Tupa so moved.
and carried.
Planning Director Hite
Trustee Tupa
Mr. Dickson suggested that, in view
Motion seconded by VanValkenhrg