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THEREFORE, BE IT RESOLVED BY‘T~ VILLAGE COUNCIL OF THE VILLAGE OF EDINA,
That the Edina-Morningside Community Theatre and all individuals associated with
it be recognized by this Council for their most heartfelt generosity.
the following Claims as per Pre List
Fund, $4,433.40; Construction Fund, was seconded by Rixe and carried:
$2,393.73; Park, Park Construction, Golf Course, Swimming Pool, $7,037.62;
Water Fund, $28.69; Liquor Fund, $37,687.46; Sewer Rental Fund, $21,076.36;
Improvement Funds, $2,003.66; P.I.R. Fund, $80.35; Total $74,739.07.
G
There being no further business to came before the Meeting, MacMillan moved
adjournment, seconded by Tupa and carried. Meeting adjourned at 8:15 P.M. *“dL &--;‘&,
Village Clerk
MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL, HELD MONDAY, FEBRUARY 15, 1965’, AT
THE EDINA VILLAGE HALL
Answering Rollcall were Members MacMillan, Rixe, Tupa, VanValkenburg and Bredesen.
MINUTES of the Regular Meeting of February 1, 1965, were approved by Motion Rixe,
seconded by VanValkenburg and carried.
FOUR POLICE SQUAD CARS BIDS AWARDED.
cars in response to Advertisement published in the Edina-Morningside Courier on
January 28 and February 4, 1965, and in the Construction Bulletin on February 11,
1965, showed receipt of bids from three bidders: €4ajor Motors, Inc. was low
bidder at $4,580.00 for the Ford Custom; Kay Motors, Inca was second low at
$4,840.00 for Plymouth P-91; Jordan Ford, Inc. was high at $5,206.52 for Ford
Custom.
(less $180.00 because bucket seats were omitted) was moved by Tupa, seconded by
VanValkenburg and unanimously carried,
Tabulation of bids for four police squad
Recommendation for award to low bidder, Major Motors, Inc., at $4,580
PUBLIC WORKS EQUIPMENT BIDS AWARDED.
1. Tabulation of bids for a TRUCK AND DUMP BOX from five bidders who
responded to Advertisement published in the Edina-Morningside Courier
on January 28 and February 4, 1965, and in the Construction Bulletin
on February 11, 1965. Low bidder was International Harvester at
$4,646.72; second low bidder was Major Motors, Inc. at $5,217.00;
third low bidder was the Woodhead Company, Inc. at $5,316.87.
bidder was Dahlbepg Ford at $5,862.00,
High
2. Tabulation of bids for a.TRUCK AND DUMP BOX (FOR LOADER) were presented
by Mr. Hyde showing International Harvester Company low at $4,796.72;
Major Motors, Inc, second low at $5,122.00; The Woodhead Company, Inc.
third low at $5,346.47.
offering bids at $5,812.00.
Tabulation of bids from five companies bidding on a TRUCK CHASSIS (FOR
FLUSHER) showed International Harvester low at $4,265.91; The Wooahead
Company, Inc. second low at $4,796.35; Hopkins Motor Sales third Low
bidder at $4,848.50; Major Motors, Inc. were high at $4,890.00.
Three bids were offered for a FRONT END LOADER. Armstrong Equipment
Company was low at $3,450.00. Leslie Brisson was second low at
$3,940.00. LoDal, Inc. was high at $3,990.00.
5. Three bids were presented for a FLUSHER. Ruffridge-Johnson Equipment
Company, Inc. was low at $5,264.00, Brown Steel Tank Company was second
low at $5,835.00, and Borchert-Ingersoll, Inc. was high at $5,920.00.
Dahlberg Ford was high of the five companies
3.
4.
Motion to award to low bids in all cases was made by VanValkenburg, seconded by
Tupa and unanimously carried.
2/15/65
CONTRACT AGJARDED FOR SANfTARY SEWERS #225, 228, 229, 230, and 227; WATER4AINS #189,
190, 191, AND 192; BITUMINOUS SURFACING #A-159 AND A-160; BITUMINOUS SURFACING AND
CONCRETE CURB AND GUTTER #BA-67; OIL STABILIZED BASE AND CONCRETE CURB AND GUTTER - #0-77. In response to Advertisement for Bids in the Edina-Morningside Courier on
January 28 and February 4, 1965, and in the Construction BuLletin on February 11,
1965, tabulation of nine Grand Total Tied Bids for Sanitary Sewers #225, 228, 229,
230 and 227 for Watemains #189, 190, 191 and 192, for Bituminous Surfacing #A-159
and A-160, for Bituminous Swfacing and Concrete Curb and Gutter #BA-67 and for
Oil Stabilized Base and Concrete Curb and Gutter #0-77 were pre_sented by Mr. Hyde,
Phelps-Drake Company, Inc, was low bidder at $227,414,57, Swanson Excavating Company
was second low at $237,549.25, Coburn Meek, fnc, was third low at $238,869.40 and
McDonald-Luben E Associates, Inc, was high at $280,210.00.
was $276,887,20.
to Phelps-Drake Company, the low bidder, was unanimously carried,
LOT 2, RAETHER'S ADDITION MARCH 1 HEARfNG DATE SET.
Hearing date €or,Preliminary and Find Plat approual fox? dividing Lot 2, Raether's
Addition into two 56' lots was offered by VanValkenburg, seconded by MacMillan and
unanimously carried,
..'
Engineer's estimate
t4otion by VanValkenburg, seconded by MacMillan to award contract
Motion to set March 1 as a
.%
VALLEY ESTATES PRELII4INARY PLAT APPROVED,
of 80 lots'in Valley Estates I-&d been *approved by the Planning Commission.
l.fr, €lite stated that a Preliminary Plat .
VanValkenburg ~ moved approval. by Council, seconded by Rixe and unanimously carried, ..
COUNCIL SETS GABBERT'S FURNITURE HEARING DATE FOR MARCH 15, Mr, Donald Gabbert of
Gabbert's Furniture requested a Hearing to be set for March 15 to consider rezoning
property between Cahili Road and the Minneapolis, Northf ield and Southern Railroad-
right-of-way north of Dewey Hill Road extended from Open Development District to
Planned Industrial District, Motion to set March 15 for Public Hearing, subject
to cancellation if the Planning Commission disapproves Gabbert's petition, was
offered by Rixe, seconded by VanValkenburg and tinanimously carried,
H. J. BACH PROPERTY HEARING DATE SET.
rezoning of Lot 3, Block L, Clifton Terrace Addition, Srom Open Development District
March 1 was set for Public Hearing for the
to R-2 Multiple Residence District.
was carried unanimously,
Hearing was coming up again, and was told that it was at the request of Mr. Bach's
attorney, because ofthe fact that only four members of the Council were present
at February 1, 1965 Hearing.
IETRO-U.S. HEARING DATE SET. Motion by VanValkenburg, seconded by Tupa to set
March 1 as a Hearing date to consider LotLcoverage of Lot 2 and the W, 163' of
Lot 3, Block 5, 'Edina Interchange Center, was carried.
Motion,by VanValkenburg, seconded by Tupa
Mr, Keprois, 6325 Brookview Avenue, asked why this
DIETRICH CONSTRUCTION PLANS APPROVED, Nr, Hite discussed Dietrich Construction
plans for the apartment project at 44th St. and Brookside Avenue, and advised the
Council that the Planning Commission had approved plans subject to vacation of
streets in the area,
VACATION OF PORTIONS OF RUTUDGE AND CLARK AVENUES AND HIGH AND MOTOR STREETS
HEARING DATE SET.
carried to set Public Hearing for March 1 on vacation of the follqwinn streets:
tilotion by VanValkenburg, seconded by Rixe was unanimously .
1.
2.
3,
4.
I.
'Rutledge Avenue from the northern line of Section twenty-eiiht (28),
Tokship one hundred seventeen (117), Range twenty-one (21) southward
to the northern line .of the vacated right-of-way of the Minneapolis-
St, Paul and Suburban Railroad;
Clark Avenue from the northern line of Section twenty-eight (281,
Township one hundred seventeen (117), Range twenty-one (21) southward
to the northern line of tne vacated right-of-way of the Minneapolis-
St, Paul and Suburban Railroad;
High Street from its intersection with the easterly right-of-way line
of Rutledge Avenue extended eastward to the westerly right-of-way line
of Brookside Avenue extended;
That portion of Notor Street lying north of the, vacated right-of-way
of the-Ninneapolis-St, Paul and Suburban Railroad from a line formed
by an extension of the westerly line of Block 19 of Emma Abbott Park,
extended southerly to the northern line of the vacated right-of-way
of the Minneapolis-St, Paul and Suburban Railraod, easterly to the
west right-of-way line of Brookside Avenue extended.'
TAX FORFEITED LAttDS ACQUISITION,
of tax-forfeited lands which the Park Board had recommended acquiring for park
purposes ,
VanValkenburg offered the following Resolution and moved its adoption:
blr, Rosland presented a listing of four parcels
2/15/65 434
At its Regular Meeting of Nonday, May 3, 1965, the Council authorized the inclusion
of the following Resolution, which was erroneously omitted from the initial Minutes
of this meeting,
COUNCIL SETS MARCH 1 FOR HEARING DATE FOR PUBLIC IMPROVEMENTS. ' Rixe offered the
following Resolution:
RESOLUTION PROVIDING FOR PUBLIC HEARING ON
SANITARY SEWERS, STORM SEWER, WATERMAINS, BITUMINOUS
SURFACING AND PORTLAND CEMENT CONCRETE CURB & GUTTER
BE IT RESOLVED by the Village Council, Village of Edina:
as to the feasibility of the proposed Sanitary Sewers, Storm Sewer, Watermains,
Bituminous Surfacing and Portland Cement Curb & Gutter, described in the form of
Notice of Hearings set forth below, and as to the estimated cost of such improvements,
said report is hereby approved and directed to be placed on file in the office of the
Village Clerk,
Edina Village Hall, to consider in public hearing the views of a11 persons interested
in said improvements ,
The Clerk is hereby authorized and directed to cause notice of the time,
place and purpose of said meeting to be published in the official newspaper once a
week for two successive weeks, the second of which publications is to be not less
than three days from the date of said meeting, and to mail notice to all affected
properties not later than ten days from the.date of said meeting, which notice shall
be in substantially the following form:
1, The Village Engineer; having submitted to the Counc$l a preliminary report
2. This Council shall meet on Monday, March 15, 1965, at 7:OO P,MI in the
3,
NOTICE OF PUBLIC HEARING ON
SANITARY SEWERS, STORM SEWER, WATERMAINS, BITUMINOUS
SURFACING AND PORTLAND CEMENT CONCRETE CURB E GUTTER
Edina Village Council will meet at theEdha Village Hall on Monday, March 15,
1965, at 7:00,P.M, to consider the following proposed improvements to be constructed
under the authority granted by 14innesota.Statutes 1961, Chapter 429; the approximate
cost of said improvements are estimated by the Village as set forth below:
A, CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENANCES
IN THE FOLLOWING:
1, Sunset Lane from Gleason Rd. to Woodhill Dr,
Woodhidl Rd. from Creek Valley Rd, to Creek
Sunrise Court from Woodhill Dr, vest 200*,
Valley Rd,
more or Less.
more or less, easterly
From center of cul-de-sac southerly and southeasterly
along easement to existing manhole on Lochloy Dr,
2. Skyline Dr. from center of cul-de-sac to 373',
Be CONSTRUCTION OF VILLAGE WATERMAIN -AND APPURTENANCES
IN THE FOLLOWING:
1, Creek Valley Rd, from Gleason Rd, to Woodhill
Rd. east
Sunset Lane from Gleason Rd. to Woodhill Rd,
Sunrise Court from Woodhill Dr, westerly to cul-de-sac
and southwesterly along easement to Gleason Rd,
Woodhill Rda from Creek Valley Rd, to Creek
Valley Rd,
Easement line from Woodhill Dr, to north line
of Valley Vista Addn.
2, Woodland Rd, from Wooddale Ave. to W.56th Street
Includes the portion of Woodland Rd, going
northerly serving Lots 6 thru 12, Colonial Grove
Addn
3, Downing St. from west line of Lot 6, Block 1,
Edenmoor Addition extended south; east to the east
line of Edenmoor Addition . /-
C* CONST-RUCTION OF VILLAGE STORM SEWER AND APPURTENANCES
IN THE FOLLOWING:
1, West 70th St. from West Shore Dra to 130 feet
east; thence north 180 feet
De CONSTRUGTION OF BITUMINOUS SURFACING AND PORTLAND
CEMENT CONCRETE CURB AND GUTTER IN THE FOLLOWING:
1, Downing Street from Sherwood Avea to 395.6 feet east
ESTIMATED COST
'?
$30,988.67
$39,205 85
$38,313.69
$ 2,108.81
$ 3,443r44
$10,902.22
The area proposed to be assessed for the cost of the proposed Sanitary Sewer
under A-1 above includes Lots 9 thru 14 incl,, Block 1; Lots 1 thru 21 inclr, Block 2;
Lots 12 thru 43 incl,, Block 3, all in Valley Estates Addition.
The area proposed to be assessed for the cost of the proposed Sanitary Sewer
The area proposed to be assessed for the cost of the proposed-Watermain under
The area proposed to be assessed for the cost of the proposed Watermain under
under A-2 above includes Lots 13 thru 19 incl., Skyline Addition.
B-1 above includes Lots 2 thru 14 incl., Block 1; Lots 1 thru 21 incl., Block 2;
Lots 12 thru 43, incl., Block 3, a11 in ValLey Estates Addition.
E-2 above includes Lots 5 thru 13 incl.; Lots 15 and 16; Lots 20 thru 38 inci.,
all in Colonial Grove Addition; and Lots 18 and 19, Colonial Grove 2nd Addition.
B-3 above includes Lots 6 and 7, Block 1, Edenmoor Addition, and Lot 2 and Lot 3,
Block 1, Wanner Addition.
The area proposed to be assessed for the cost of the proposed Storm Sewer under
C-1 above includes all lots and tracts of land within the following described boundarie
Commencing at the northwest corner of Lot 1, Block 5, Woodhill; thence southwesterly
to a point in Lot 8, Block 5, Woodhill, said point being 35 feet east of the west
property line of said Lot 8 and LO feet north of the south property Line of said
Lot 8; thence south and parallel to the west line of Block 5 to a point in Lot 6,
Block 5, Woodhill, said point being 10 feet north of the south property line of
said Lot 6; thence southeasterly to a point on the south property line of Lot 5,
Block-5, Woodhill, said point being 50 feet west of the southeast corner of.
Lot 5, Block 5, Woodhill; thence east along the south lot lines of Lots 5 and 4,
Block 5, Woodhill, a distance of 145 feet; thence north and parallel to the east
line of Block 5, Voodhill, a distance of 350 feet; thence west to the point of
beginning.
Surfacing and Portland Cement Concrete Curb and Gutter under D-1 above includes
Lots 4, 5, 6 and 7, Block 1, Edenmoor Addition; Lots 1 and 2, Block 2, Edenmoor
Addition; Lots 2 and 3, Block 1, Wanner Addition.
The area proposed to be assessed for the cost of the proposed Natermain under
The area proposed to be assessed for the cost of the proposed Bituminous
E. CONSTRUCTION OF GRADING AND GRAVELINGZINTTHE FOLLOWING :
1. Sunset Lane from Gleason Rd. to Woodhill Drive
Woodhill Rd. from Creek Valley Rd, to Creek Valley Rd,
or less
Valley Estates Addition
. Sunrise Court from Woodhill Dr. west 200 feet, more
Creek Valley Rd. from Gleason Rd. to east line of
$21,070 I 00
The area proposed to be assessed for the cost of the proposed Grading and
I Graveling listed above includes Lots 1 thru 15 incl., Block 1; Lots 3. thru 21
incl., Block 2, Lots 11 thru 43 incl., Block 3, all in Valley Estates Addition,
and Lot 26, Auditor's Subdivision No. 196,
FLORENCE B. HALLBERG *."C . Village Clerk
Motion for adoption of the Resolution was seconded by
there were four ayes and no nays and the
ATTEST :
45 2/15/65
A RESOLUTION *.
ACQUIRING TAX FORFEITED LANDS-
Minnesota, has received from the County Auditor of Hennepin County, Minnesota,
a list of lands in said Village which became the property of the State of
Minnesota under the provisions of law declaring the forfeiture of lands to the
State for non-payment of taxes, which said list has been designated as Classification
List "607-C1', and
classified by the Board of County Commissioners of Hennepin County, Minnesota,
as non-conservation land and the sale thereof has heretofore been authorized by
said Board of County Commissioners:
to Minnesota Statutes for 1957, Section 282.01, Subd. 1, that the said classification
by said Board of County Commissioners of each parcel of land described in said
list as non-conservation land be and the same,is hereby approved and that the sale
of each such parcel of land be and the same is hereby approved as listed:
WHEREAS, the Village Council of the Village of Edina, Hennepin County,
WHEREAS, each parcel of land described in said list has heretofore been
NOW, THEREFORE, BE IT RESOLVED, by said Village Council acting pursuant
,lc 4 Section 30, Township 28, Range 24, Plat 73830, Parcel No. 1725 -- The
West 20 feet of East 250 feet of South 2-5/10 feet of North 177-48/100
feet of West 660 feet of NW 1/4 of SW 1/4*
Registered Land Survey No. 228, Files of Registrar of Titles, County of
Hennepin, Tract A, Plat 76620, Parcel No. 1003 -- That part of Tract A
lying West of the West line of Lot 15, Stows Yvonne Terrace extended
Sout herJ.y
3. Lot 1, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel 7800;
Lot 2, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel 7950;
Lot 3, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel 8100;
Lot 4, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel 8250;
Lot 5, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel 8400;
Lot 6, Block 7, Stows Edgemoor Addition, Plat 77380, Parcel -8550.
Tract A, PLat 78050, Parcel No. 9300, Woodbury Park near Lake Harriet --
extended across Lot A, including adjoining 1/2 of vacated street .
2, -
3 That part of Lot A lying between the East and West lines of Lot 3, Block 8
Motion for adoption of the Resolution was s
were five ayes and no nays and the Resoluti
ATTEST :
d on Rollcall there
QUIT CLAIM GRANTED TO HILMAR C. FJEEDHEIM. Mr. Hite recommended granting the
request of Mr. Hilmar C. Fjeldheim in which he asked that the right-of-way
description of Shannon Drive through his property be modified slightly so that
it might coincide with his proposed plat.
VanValkenburg that the Quit Claim be executed.
carriedr
Motion by Tupa was seconded by
All voted aye and the motion
ORDINANCE NO. 15lA-4, SECOND READING AND ADOPTION. Ordioance No6 151A-4 was
presented for Second Reading.
being present desiring full reading.
No. 151A-4 and moved its adoption:
Manager Hyde read Ordinance by Title, no one
VanValkenburg then offered Ordinance
ORDINANCE 1\10 a l5lA-4
AN ORDINANCE AMENDING ORDINANCE NO. 15lA,
RELATING TO THE SALE OF FOOD
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. The first section (Definitions) of Ordinance No, 151A of the
Village, regulating and requiring licensing of food establishments and food
vending machines, as amended is hereby further amended by deleting the definition
of Health Officer and replacing it with the following definition:
his deputy.'
The following definition is hereby added to the same section:
of ice which is sold to the public for use off the premises6'
The definition of vending machine is hereby amended to read as follows;
insertion of a coin of more than one cent, or of a token, and which delivers or
permits the removal from such machine of any food except ice.'
further amended by adding "ice machine1' and "vending machine" to the list of types
of enterprises therein set forth which require a license.
be added to the list of enterprises therein which do not require a food establishment
license .
"'Enforcing Officer" means the Public Health Sanitarian of the Village or
"'Ice Machine" means any machine which is used for the storing or dispensing
"'Vending Machine". means any type of mechanical device which operates by the
Sec. 2. The second section of said ordinance, as amended, is hereby
"Ice Machine" shall also
2/15/65
Sec, 3, There is hereby added to the schedule of license fees set forth
$5.00 per annum for each machine dispensing or storing ice in
in Section 5 of Ordinance No. 151A of the Village, as amendhd, the following:
a wrapped container; $15.00 per annum for all other machines,"
Ytce machine:
Sec, 4. Section 7 of said ordinance is amended to read as follows: .
"Section 7. Inspection and Correction.
"(a) Inspections Outside the Corporate Limits of the Village. The Enforcing
Officer may inspect food establishments situated outside the corporate limits of
the Village which sell or offer for sale, or distribute any food to persons licensed
under this ordinance.
of the actual cost of salary paid the Enforcing Officer by the Village for the number
of hours necessarily spent in each such inspection, and the cost of transportation
incurred or expended by the Enforcing Officer for mileage at the legal mileage
rate per mile actually travelled from the Village Hall or last place of inspection,
whichever is less, and returning to the Village Hall,
report the cost of such inspections to the Director of Finance, who shall render
statements for such inspection costs to the licensee who obtains food from such
source outside the Village limits, and the licensee shall within ten days pay the
amount claimed in the statement to the Village.
the corporate limits of the Village, the Enforcing Officer may accept the reports
of other governmental food inspection agencies. .
every food establishment at least once each year and may inspect any food establish-
ment as frequently as he may deem'necessary to insure compliance with this ordinance.
The fees for such inspections shall be equal to the total
The Enforcing Officer shall
In lieu of making inspections beyond
"(b) Inspection of Food Establishments. The Enforcing Officer shall inspect
'
"(c) Notification of Inspection. The Enforcing Officer shall cause a written
report df inspection to be delivered to the holder of the license or to any of his
agents or employees at the licenses premises, either in person or by certified mail.
Another copy of the report shall be filed with the records of the Health Department.
All owners or operators of food establish-
ments having received a report giving notification of one or more violations of
this ordinance shall within not less than three days thereafter remove or correct
the violation so listed."
"(a) Corrections of Violations.
Sec. 5. Section 8 of said ordinance is amendedto read as follows:
"Section 8.
"(a)
Seizure, Tagging and Condemnation.
Examination and Seizure of Food, Equipment and Utensils. Samples of
food and other substances may be taken at any food establishment and examined by
the Enforcing Officer at any reasonable time and as often as may be necessary for
the detection of misbranding, unwholesomeness or adulteration.
Officer shall seize, by placing a tag thereon, any food that he shall have cause
to believe to be misbranded or adulterated, or any equipment, clothing or utensils
found in a food establishment, the use of which would not comply-with this ordinance,
and also may in similar manner seize any equipment,dothing or utensils, which is
unfit for use by reason of dirt, filth, extraneous matter,*insects, corrosion, open
I The Enforcing
seams, or chipped or cracked surfaces.
read as follows:
Such seizure tag shall be printed and shall
"Edina Health Department Seizure - Use Forbidden Pending Investigation
Date Enforcing Officer
Released bv Date :
~~~ ~ Name :
Title :
'('Return this portion of tag to Edina Health Dept.)ll h' No person shall remove such tag from any .article of food, equipment, or clot ing,
or any utensil to which it is-attached, or remove or use such food, equipment,
clothing, or utensils so seized except by direction of the Enforcing Officer. At
the end of the period of investigation, the Enforcing Officer shall condemn and
cause to be removed
equipment, clothing
. with the provisions
branding, which can
the owner or person
Enforcing Officer .
or
or
of
be
in
destroyed as provided for in this ordinance, any food,
utensil which has been so seized and which does not comply
this ordinance, provided, however, that in the case of mis-
corrected by proper labeling, such food may be released to
charge for proper labeling, under the supervision of the I "(b) Condemnation of Food. The Enforcing Officer may condemn and forbid the
sale of, or cause to be removed or destroyed, any food which is unwholesome or
adulterated,,unfit for human consumption, or otherwise prohibited by ordinance or
state or federal law.
"(c) Condemnation of Equipment, Clothing and Utensils. The Enforcing Officer
may condemn and cause totbe removed any equipment, clothing or utensils found in a
food establishment, the use of which would not comply with this ordinance, or which
is being used in violation of this ordinance; and also may condemnand cause to
be removed any equipment, clothing or utensils which by reason of dirt, filth,
extraneous matter, insects, corrosion, open seams or chipped or cracked surfaces
is unfit for use.
2 /15 / 65 4%
1 "(d) Condemnation Tag, The Enforcing Officer shall place a tag of
condemnation upon the food, clothing, utensils and equipment, which tag shall
read' as follows :
"Edina Health Department
Condemned Date Enforcing Officer I1
"(e) Transport or Sale of Unhealthful Food Prohibited. 110 person shall
transport within or into the Village, or se15 or offer for sale in the Village
any food'which is not wholesome or which is adulterated.
"(f) Unhealthful Food Required to-be in Garbage Cans. It shall be unlawful
for any person to permit any unwholesome or adulterated food to be or remain in
any food establishment unless such food is placed in a garbage can or garbage
receptacle, and the presence of unwhoiesome or adulterated food in any food
establishment and not in a garbage can or garbage receptacle shall be prima
facie evidence of the intended sale thereof as food,'l
. Sec. 6. Section 9 of said' ordinance is amended to read as follows:
"Section 9, Itinerant Food Establishments, The requirements of this ordinance
shall be applicable to itinerant food establishments; provided, however, that
substitute- facilities Located outside the food establishment and other substantially
equivalent substitute facilities within the food establishment may be provided with
respect to the following specific physical facilities:
toilet facilities on the premises, facilities for garbage can washing on the
premises, and dressing rooms or lockers €or 4mp.loyees on the premises.
commencing operations of any kind the licensee hereunder shall noti€y the Enforcing
Officer that such food establishment is ready for final inspection, and the Enforcing
Officer shall immediately make an inspection and issue a report thereon, and no
itinerant food establishment shall commence operations until the requirements
of this ordinance have been met in accordance with the Enforcing Officer's final
inspection reports .It
mechanical ventilation,
Before
Sec. 7, Section 37 of said ordinance is amended to read as follows:
"Section 37. Health and Disease Control. No person while affected with any
disease in a communicable form, or while a carrier of such disease, or while
afflicted with boils, infected wouhds, sores, a cough or a cold shall work in
food preparation OF sbving .... areas of .... a food establishment and no owner or operator
of a food establishment shall employ in such an area any person known or suspected
of being affected with any such disease or condition. If the manager, owner or
operator of the establishment suspects that any employee has contracted any disease
in a communicable form or has become a caryier of such disease, he shall notify
the Enforcing Officer immediately,"
Paragraphs (b), (g), (i) and (j) of Section 42 of said ordinance
are amended to read as follows: . *,
Sec. 8.
"(b) The owner or operator of all such vending machines shall, whenever
Inspections of all machines shall be available to the Enforcing
requested, assist the Enforcing Officer in making inspections of the interior of
the machine.
Officer at all times, and the key or keys necessary to gain access to such
machines for the purpose of making an"inspection shall be left at a location
readily accessible to the Enforcing O€ficer or his deputies, and not more than
two blocks from any machine,
such location for the purpose of making an inspection shall sign his name and
the time and date of the taking of the keys for such inspection upon a paper kept
in the location for such purpose, and shall also indicate thereon the time and
date of the return of such key or keys.11
"(g) Each vending machine shall be so constructed that it may be opened
and all parts thereof made available for inspection purposes by the Enforcing
0 f f i cere It
"(i)
unfrozen food shall be maintained at all times at not warmer than 40 degrees F.
nor colder than one degree above freezing temperature, Where frozen fresh food
is being vended such temperature shall be maintained at 0 degrees F. or colder
at all times.
automatic temperature recording device shall be installed and maintained for each
such machine; the charts of the recording device shall be preserved, and dated
and delivered to the Enforcing Officer at.least once each 30-day period or as
requested by him.
be equipped with a mechanical device so integrated with the dispensing mechanism
that no perishable food can be obtained from such vending machine after the'
temperature in the vending machine shall rise above 45 degrees F. .Likewise, any
vending machine dispensing hozen food shall be so equipped that no food can be
obtained therefrom after said temperature rises above 5 degrees F.; and all such
machines shall be so equipped as to return the coin or coins to the prospective
purchaser if no food is dispensed for any reason when a coin is inserted.
food in a machine where the temperature has exceeded the maximum or minimum above
The Enforcing Officer upon obtaining the keys from
The temperature in all vending machines which are dispensing perishable
If required by the Enforcing Officer by notice in writing, an
"(5) Each vending machine which dispenses perishable unfrozen food shall
No
4 a $ 2/15/65
specified
inspected
shall thereafter be made available for sale from the machine unless
and approved by the Enforcing Officer as safe for human consumption. The
provisions of this subsection shall not be applicable to any vending machine which
dispenses only ice cream or carbonated soft drinks."
Sec. 9. Section 43 of said ordinance is amended to read as follows:
llSection 43. Miscellaneous Enforcement Provisions.
"(a) Procedure When Infection is Established. then it has been determined by
a licensed physician that a food establishment owner or employee is a carrier of
disease, the Enforcing Officer is authorized to require any or all of the following:
(1)
(2)
(3)
(4)
The immediate exclusion af such person from all food establishments.
The transfer of the services of such person to an area of the food establish-
Adequate medical examination of such persons and their associates, with
The immediate suspension of the license of the food establishment until
ment where there will be no danger of transmitting disease.
such laboratory examinations as may be indicated.
in the opinion of the Enforcing Officer no further danger of outb-reak of disease
exists.
program of sanitation self;-inspection conducted by the owner, manager, sanitation
supervisor, or an agent.
Enforcing Officer.
extensively remodel or convert buildings or facilities for use as food establishments
shall conform and comply in their construction, erection or alteration with the
requirements of this ordinance. Plans and specifications for such construction,
remodeling or alteration which show layout, arrangement and pluinbing and construction
materials of work areas, and location, size and type of equipment and facilities
shall be filed by the owner in the office of the Enforcing Officer. The Building
Official shall not issue a building permit for a food establishnlent or remodeling
or alteration permit for such establishment until such permit shall Xave the
approval of the Department of Health *endorsed thereon.
or his deputy shall after proper identification have the right at all reasonable
times to enter upon premises licensed under this ordinance and to inspect any good
establishment, shop or vehicle required to be licensed under this ordinance. No
person shall interfere with or hinder any Enforcing Officer in the performance of
his duties, or refuse to permit the Enforcing Officer to make such inspections."
This ordinance shall be in full force and effect immediately
upon its passage and publication.
I' (b) Industry Self-Inspection. Every food establishment shall arrange for a
Such inspections'shall be kept on file for review by the
I'(c) Construction - Plan Review. All persons who hereafter construct,
"(d) Inspections; Interference with Enforcing Officer. The Enforcing Officer
I Sec. LO.
Motion for adoption of
voted aye and the Ordinance was adopted.
ATTEST :
Village Clerk
Motion for adoption of the Ordinance was seconded JdAxe and on Rollcall all
ORDINANCE NO. 113-4 HELD OVER.
done in connection with a total air polution ordinance by Mr. George J. Nugent
working with the local Incinerator Institute of America, it was decided to hold
Second Reading at a later date.
COUNCIL APPROVES LEAGUE OF IiIINNESOTA MJNICIPALITIES LEGISLATIVE PROGRAMS.
moved by VanValkenburg , seconded by Macliiillan and unanimously carried that Council
approve the 1965 Legislative programs as set forkh by the League of IiIinnesota
Municipalities and Hennepin County League of 14unicipalities.
Because of the fact that further research is being
It was
FIRE DEPARTMENT REPORT AND FIRST ANNUAL REPORT OF PARK AND RECREATION DEPARTMENT
were presented to the Council by Manager Hyde for the members' review.
THE HEIGHTS PARK PRELII-IINAKY COST ESTIMATE PRESENTED.
to advertise for bids on the new Heights Park which is on an approximate four acre
site located midway between Normandale Park and Valley View Junior High School.
plan is designed as a neighborhood playground to be used basically'for children
up to twelve years of ager
Associates in the amount of $20,000, including creative and regular play equipment,
is covered by the 1965 budget.
seconded by Tupa.
Mr. Rosland asked permission - I The
Preliminary cost estimate arrived at by Brauer E
Hotion by VanValkenburg to advertise for bids was
All voted aye and the motion carried.
CONSULTANT TO INVESTIGATE FEASIBILITY OF ICE CENTER AUTHORIZED. hlr. Gilbert Giebink
of the Park Board presented a report on a possible ice facility which has been under
consideration by various citizens' groups and the Park Board. These facilities, which
should.be covered and usable from mid-October through the middle of April for various
skating programs, should have substantial seating capacity and would involve
2/15/65
-
considerable expenditure of money which would involve long term financing.
Programming would include skating facilities for use of all residents of Edina,
including free skating, hockey games and practice, as well as speed and figure
skating.
and practice should be determined. Mr. Giebink asked permission of the Council
for the Village Manager to hire Mr. Arthur 5. Nickolas as rink consultant to
investigate :
The possibility of using the facility for Lake Conference hockey games
1.
2.
3.
4,
The Park
Accurate figures on cost of the building,
Cost of providing mechanical ice-making features.
Cost of operation on basis of expenses, labor, depreciation and repairs
on equipment.
Determination if operation can be put on a "break-even" basis.
Board recommends that Mr. Nickolas be paid at a rate of $50.00 per day
plus expenses, not to exceed ten days,
would be well spent on employment of a consultant and that the possibility of use
of the facility for other activities duping the warmer months should be considered.
VanValkenburg moved-expenditure as recommended by the Park Board,
seconded by Rixe and all voted aye and the motion carried,
Concensus of the Council was that mqney
Motion was
' .
PERMANENT STREET SURFACING PETITION FOR SCHEY DRIVE was received by Council and
referred to Engineering Department for programming.
COUNCIL MAKES FORMAL STATEMENT FAVORING LIBRARY AT SOUTHDALE.
suggestion that a formal statement be made to the MinneapoLis Public Librarsan,
Manager Hyde's , .
the Hennepin County Librarian and the Minneapolis Library Board stating that the
Council favor a Regional. County Library at Southdale was acted upon by motion of
VanValkenburg, seconded by Tupa and unanimously carried.
BIDS FOR ENGINEERING AND PARK BOARD VEH1CLES:APPROVED.
the Council the need for a surveying truck which was covered in the 1965 Budget,
as well as a Jeep to replace a 1949 Inspector's Car.
for 'turn-around snow plowing and possible ice rink and sidewalk plowing.
of Jeep would be covered by the difference in budgetkd figure and figures for
equipment awarded on this date,
for bids for budgeted tractor and truck for the Park and Recreation Department on
same date, being March 12, 1965.
above mentioned equipment was seconded by MacMillan and unanimously carried.
Mr, Hite explained to
The Jeep could be used
Cost
Mr. Hite also requested permission to advertise
Motion of Tupa to advertise for bids for the
4
i
MUD LAKE STUDY APPROVED.
Consulting Hydraulic Engineer, which explained in detail the type of survey and
report necessary to enable Council to make a decision on how Mud Lake could be
improved and serve as a basis for an application to the Commissioner of
Conservation for state funds under the Minnesota N'atural Resources Act. Cost
of the survey would not exceed $6,500.00 of which'two-thirds would be paid by
the Village of Edina and one-thi'rd will be paid by the Nine Nile Creek
Watershed District,
seconded by fixe.
Manager Hyde read a letter from Douglas W. Barr,
Motion by VanValkenburg to proceed with the study was
All voted aye and the motion was unanimously carried.
LAKE EDINA, 3RD AND 4TH ADDITION FEES UNPAID. Mr. Hyde informed the Council
that legal and engineering fees for Lake Edina 3rd and 4th Additions in the
amount of $6,669.50 remain unpaid by Estow Corp.
Mr. Hyde contact Mr. William Boyer concerning payment and report results at the
next Council Meeting.
Councilman Tupa suggested
TREASURER'S REPORT FILED.
reviewed and ordered placed on file,
Treasurer's Report as of December 31, 1964, was presented,
CLAIMS PAID: Motion by Tupa for payment of the following Claims as per Pre-List
dated February 15, 1965, was seconded by MacMillan, and carried: General Fund,
$49,745,74; Construction Fund, $7,531.34; Park, Park Construction, Park Sinking,
Golf Course and Swimming Pool, $34,908.61; Water Fund, $21,269.50; Liquor Fund,
$73,522.31; Sewer Rental Fund, $905.78; Improvement Funds, $569,351,19; Poor and
P.I.R. Funds, $425.00; TOTAL, $757,659.47.
The agenda having been covered, Tupa moved adjournment.
and carried, Meeting adjourned at 8:OO P.M.
Motion seconded by Rixe
I d- Y-
Village Clerk