HomeMy WebLinkAbout19650503_regular5/3/65 $9
MINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL, HELD MONDAY, MAY 3, 1965, AT THE
EDINA VILLAGE HALL - \
Answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen.
MINUTES of the Regular Meetings of April 5 and 19 and the Continuation Meeting
of April 26, 1965, were approved as submitted by motion Mact4illan, seconded by
Tupa and carried.
PUBLIC HEARINGS ON PROPOSED IMPROVEHENTS, .Clerk presented Affidavits of Publication
in the Edina-Morningside Courier on April 22 and 29, 1965, and Affidavit of Mailing
on April 21. Affidavits were approved as to form and ordered placed on file,
Pursuant to due notice given, Public Hearings were conducted on the following
proposed improvements, and action was taken by Councin-as hereinafter recorded:
A, CONSTRUCTION OF STORM SEWER AND APPURTENANCES IN THE FOLLOWING:
- Maloney Aver from 150 feet west of Tyler Court to Tyler Court
Tyler Court from Maloney.Ave, to easement line 50 feet south of Maloney Avenue,
On easement line from Tyler Court to low area between Tyler Court and Arthur
On easement lines from low area between Tyler Court and Arthur St. and
Arthur St. from easement line 150 feet north of Waterman Ave. to Waterman Ave.
Watemnan Ave. (vacated) from Arthur St. to 800 feet east
On easement line from vacated Watemnan Ave. to pond south of Waterman Ave.
St. and south of Maloney Ave.
south of Maloney Ave. to Arthur St.
Estimate of Cost was given as ,028lC per square foot to be assessed against an
estimated 1,153.260 square feet, Mr. Hyde explained that this hearing was the
third on this*particular area, and by request had been re-estimated providing for
use of the pond as a ponding bash, Richard DeLeo, 609 Waterman Circle, stated
that a petition had been submitted against the improvement which represented 85%
of the property owners which would be assessed, Robert Roser spoke in favor of
the Storm Sewer, stating that his property had been damaged by water, and that
from a standpoint of health and safety the improvement should be approved,
George Gould, 6516 Waterman Ave., informed Council that there are only two
properties which will be benefited, and that there ape a number of retired property
owners who could not afford this expensive assessment,
509 Tyler Court, stated that he feels that the people of Edina have an obligation
to consider the safety of the children who p&ay in this area and that the area
would make a good recreational area if properly drained. Mrs. Q. F, Casanova,
605 Waterman Circle, stated that when a house is built on a swamp, it is expected
to have water in the yard,
the cost increase over that of previous hearings,
areas have been included and that larger pipes are planned in order that the
rain will drain more quickly. In answer to Mr. Frisz's question as to whether
it would run through his lot, Mr. Hite stated that as now contemplated it would,
though this might be changed. Mr. Roser stated that the Village of Edina had
issued a building permit to him and yet he is denied use of the property from
the standpoint of health and safety, M+yor Bredesen stated that the prime
responsibility of any governing body is to protect the health and welfare of
the community, regardless of whether the land is publicly or privately owned.
Mr. VanValkenburg remarked that relative to a letter which he had received from
Mr. Gould, he felt that this argument is not well taken at this time and shaiild
be the subject at an assessment hearing,
that this land would never be dry enough for park property and that he had never
seen children playing there,
the weeds every year. There was no further discussion.
Improvement later in Minutes , )
B. CONSTRUCTION OF LIFT STATION AND FORCE MAIN AND APPURTENANCES AS FOLLOWS:
West side of Olinger Road at W. 61st Street.
be assessed at a maximum of $316.07 per lot.
was heard at the last meeting on a smaller area,
the price pes lot would be lower.
had been in and gone over the plans with Mr, Drake and that he is completely
satisfied with the engineering on the project and that there is a letter on file,
No further discussion was heard.
Minutes . )
IN THE. FOLLOWING: . . On. the..proposed..alley. to-be. situated-on..the..westerly, 14. feet of
a11 of the lots in Blocks 1 and .2, Xecxes ,Avenue :Addition,. Estimate .oft ,Cost is
$5,663,01 to be< assessed? on! 1,812.11 assessable feet at a cost per foot of $3,13.
Giles W. Lucker, owner o!fc 6444b461 Xerxes1,l stated that he would like to keep this
property for future construction1 05 an. apaDtment .
create considerable1 traffic from1 nearby apartments .
Fredrick Zimmerman,
Joseph Frisz, 532 Arthur St., asked the reason of
Mr. Hite explained additional
Mr. Arlo Lee, 524 Arthur Street, stated
He stated that the owner had to be advised to cut
(See Resolution Ordering
Estimate of Cost was $39,509.26 to
Manager Hyde stated that this project
If the additional area is included,
Mr. Hyde also stated that Mr. Norman Olmstead
(See Resolution Ordering Improvement later in
'2, CONSTRUCTION OF GRADING, GRAVELING AND ASPHALT CONCFETE-SURFACING AND APPURTENANCES
He also felt that an alley would
Mr. Hite explained that this
5/3/65
is not a Village alley and that we have, therefore, been uhable to maintain it.
owners are willing to deed the necessary right-of-way and pay their share for
maintenance, the Village would then maintain it. Nr. Elmer A. Peterson, owner of
6400-02 Xerxes, inquired whether or not it would be possible toput the alley through
the swamp and low area.
the property at 6500 Xerxes Avenue and that he needed this area for parking facilities.
Mrs. Karl M. Zeimes stated that she owned a double bungalow at 6330-32 Xerxes Ave.
and that the present alley was so low at one point that her kennants were often unable
to get through in the winter.
apartments behind his propeEty would be using the alley for their garages and was
assured by Mr. Hite that they would not. ,Manley Kort, 6324 Xerxes Ave., asked if
the assessment rate would be changed and was told by Mr. Hite that there would be
an increase, but that it would not be substantial.
would favor the project,
his approval of the project.
came from the area south of 11. 64th St. and asked if there was any opposition to
dropping the project south of W, 64th St. and proceeding with the improvement in
asphalt concrete surfacing on that portion of the alley lying north of W. 64th St.
and drop the portion lying south to W. 64th St. was seconded by.NacMillan and
unanimously. carried. No further discussion ensued. (See Resolution Ordering
Improvement later in bfinutes. )
D,
line along the south 10 feet of Lot LO, Block 1, South Garden Estates 4th Addition
from Oaklawn Ave. to the east line of South Garden Estates 4th Addition. Estimate
of Cost was given at $3,214.68 to be assessed against Parcels 5410 and 5420.
~ +.14r. Hyde stated that this improvement is at the reg;est of the owner of the property
to be assessed.
Resolution Ordering Improvement later in Minutes . )
If
Leroy Anderson, 4420 W. 70th St., stated that he owned
-
1.lr. Richard Swenson, 6322 Xemces aFked if the
blr. Kort then stated that he
Efr. T. H. Rossing, owner of 6316-18 Xerxes AGe., expressed
Mayor Bredesen noted that all objections to the alley
. the 6300 block. Notion by VanValkenburg to proceed with grading, graveling and
CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING: Easement
No comment or discussion was-heard on this proposal. (See
MacMillan offered the following Resolution and moved its adoption :
RESOLUTION ORDERING IMPROVEMENTS
STOF34 SEWER NO, 95
LIFT STATION AND FORCE I*lAIN NO, LS3
GRADING, GRAVELING AND ASPHALT CONCRETE SURFACING NO, A-169
SANITARY SEkER NO. 237
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA, that this
Council heretofore caused notices of hearings to be duly published on the following
proposed improvements :
1. I CONSTRUCTION OF STORH SEWER AND APPURTENANCES IN THE FOLLOW.NG:
Maloney Ave. from I5D-feet west of Tyler Court to Tyler Court
Tyler Court from Waloney Ave. to easement line 50 fekt south of 1.Ialoney Avenue
On easement line from Tyler Court to low area between Tyler Court and Arthur
On easement lines from low area between Tyler Coubt and Arthur Strket and south
Arthur St. from easement line 150 feet north'of Haterman hve. to Waterman Ave.
Waterman Ave. (vacated) from Arthur St. to 300' feet east -
On easement line-from vacated Waterman Ave. to pond' south of Waterman Ave.
CONSTRUCTION OF LIFT STATION AND FORCE MAIN AND APPUKCENANCES:
CONSTRUCTION OF GRADING, GRAVELING AND ASPHALT CONCRETE SURFACING AS F0LLOW"S:
On the proposed alley to be situated on .the westerly 14 feet of all of the
Street and south of Maloney Ave.
of Maloney Ave. to Arthur St.
2.
3.
- .West side of Olinger Blvd. at Wb 61st' St.
lots in Block 1, Xerxes Avenue Addit?on.
4. CONSTRUCTION OF SANITARY SEWER AND APPURTENANCES IN THE FOLLOWING:
Easement line along the south 10 feet of Lot 10, Block 1, South Garden Estates
4th Addition from Oaklawn Aver to the east line of South Garden Estates 4th
Addition, and at the hearings held at the time and place specified in said
nptice 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 said improvements
are hereby designated and shall be referred to in all subsequent proceedings
as follows: I No. 1 above STOH4 '.. SEWER I14PROVEIrlENT NO. 95
No. 2 above LIFT STATION AND FORCE MAIN NO, LS3
No. 3 above STEET IMPROVEMENT NO A-161
No. 4 above SANITARY SEWER IMPROVEMENT NO 236
and the areas to be specially assessed therefore shall be as follows:
Commencing at a point in the north line of Belmore Lane, said point being 35 feet
east of the southwest corner of Lot 5, Block 2, Nendelssohn Addition; thence raest
along the north line of Belmore Lane to the southeast corner of Lot 13, Block 2,
West 14inneapolis Heights Addition"; thence south to the southeast corner of Lot 2,
Block 15, West Minneapolis Heights; thence northwesterly to a point in the north
line of Lot 25 said Block 15, said point being 60 feet east of the-northwest
For Sanitary Sewer Improvement No, 95 -
I I* 951
5/3/65
.!
I.
corner of said Lot 25; thence southwesterly to the southwest corner of said Lot 25;
thence southerly to a point in the east line of Lot 6, Block 14, West Minneapolis
Heights, said point being 22 feet south of the northeast corner of said Lot 6;
thence southwesterly to a point in the south line of Lot 13, Block 14, West
Minneapolis Heights, said point being 35 feet nest of the southeast corner of said
Lot 13; thence southerly along the extension of the aforementioned line a distance
of 215 feet; thence southwesterly at a deflection angle to the right of 45O 35' a
distance of 155.5 feet; thence southerly at a deflection angle to the left of
52O 02' a distance of 214.87 feet; thence southwesterly at a deflection angle to
the right of 21° 40' a distance of 154.58 feet; thence southeasterly at a deflection
angle to the left of 105O 35' a distance of 205 feet; thence northeasterly at a
deflection angle to the left of l.8' 00' a distance of 190 feet; thence southerly
at a deflection angle to the right of lOlo 30' a distance of 80 feet; thence
southeasterly at.a deflection angle to the left of 48' 15' a distance of 124 feet;
thence easterly at a deflectzon angle to the left of 49' 50' a distance of 125 feet;
thence southeasterly at a deflection angle to the right of 75O 00' a distance of
158 feet; thence southeasterly at a deflection angle to the left of 29' 30' a distance
of 380 feet; thence southeasterly at a deflection angle to the left of 23' 28' a
distance of 248 feet; thence northeasterly at a deflection angle to the left of
27O 00' to a point in Lot 4, Block 1, Schwantes Addition, which point is 60 feet
east of the west line of said Lot @; thence northerly to the northwest corner of
the cul-de-sac of Ridge Road as platted in Schwantes Addition; thence northeasterly
to the northeast corner of Lot 1, Block 1, Schwantes Addition; thence northeasterly
to a point on thenorth line of Maloney Ave., which point is L50 feet west of the
west line of Griffit St,; thence west along the north line of Maloney Aver a
distance of 365 feet; thence northwesterly to a point which is LOO feet north of
the north line of Maloney Ave. and 80 feet east of the northeast corner of Lot 5,
Steiner and Koppelman's 1st Addition; thence west to the northeast corner of said
Lot 5; thence nopth to the southeast corner of Lot 3, Steiner and Koppehan's
1st Addition; thence northwesterly to a point on the north line of Lot 1, Steiner
and Koppelman's 1st Addition, which point is 30 feet west of-the northeast corner
of said Lot 1; thence northeasterly to the point of beginning.
For Lift Station and Force Main No. LS-3 - Lots 1 thru 7 incl. and Lot 9,
Block 1; Lots I thru 12 incl., and Lot's 14 thru 22 incl., Block 2; Lots 1 thru
11 incl, , Block 3; Outlot 1 and 2, all in Edina Grove Addition; Lots 15 thru 19 incl.,
Block 2; Edina Highlands Lakeside Addition'; Lots 1 thru 6 incL.
Addition; Lots 1 thru 4 incl., Block 1, Loudon Addition; Lots A and B, R.L.S. No. 590;
Lots 1, 2 and 3, Block L, Doris Addition; Lots A and B, R.L.S. No. 812; Part of
Tract A, R.L.S. Noa 249; Parcels No. 410, No. 1400, No. 2000, No. 2600, No. 3600,
No. 3800, No. 5600, No. 5800, No. 6600, and No. 6800, all in Sec. 32, T. 117,
Block I, McGary
R. 21.'
For Street Improvement No. A-161 - Lots 1 thru 6 inc'l., Block 1, Xerxes
For Sanitary Sewer Improvement No. 236 - Sec. 31, T. 28, R, 24, Parcels 5410
Avenue Addition.
and 5420,
Motion for adoption of the Resolution wa
all voted aye and the Resolution was una
W. 57TH STREET VACATED FROM XERXES AVE, TO YOU AVE,
of Publication in the Edina-Morningside Courier on April 22 and 29, 1965, and
Affidavit of Mailing on April 19.
ordered placed on file.
from the action of the April 19 Council Meeting at which the street improvement
was dropped and that three property owners had petitioned vacation.
5629 York Avenue South, stated that this vacation had come up before and he would
like to have it settled definately at this time,
Sanitary Sewer, Storm Sewer and Watermain easements, VanValkenburg offered the
following Resolution and moved its adoption:
Clerk presented Affidavit
Affidavits were approved as to form and
Mrr'Hite explained that this street vacation resukted
Donald Winter,
Subject to the securing of
RES 0 LUT I ON
VACATING A PORTION OF W. 57TH STa
WHEREAS, two week's published notice and mailed notice of a hearfng
to be held on May 3, 1965, at 7:OO P.M., on the proposed vacation of the street
hereinafter described has been given and made, and a hearing has been held
thepeon by the Village Council:
of Edina, Hennepin County,'Minnesota, that that part of W. 57th Street beginning
at the southeast corner of Lot 2, Block 1, Brookline Pddition, thence southerly
a distance of 60 feet to the northeast corner of Lot 1, Block 2, Brookline Addition,
thence westerly along the north lot Lines of Lot 1 and Lot 22, %LO& 2 j Brookline
NOW, THEREFORE, be it resolved by the Village Council of the Village
92.. 5/3/65
[Addition to the northwest corner of said Lot 22, thence northerly along the east
right-of-way line of York Avenue South a distance of 20 feet, thence easterly
parallel to the north lot line of Lot 22, Block 2, Brookline Addition a distance
of approximately 149 feet, thence northerly a distance of 40 feet to the southwest
corner of Lot 2, Block 1, Brookline Addition, thence easterly along the south lot
line of said Lot 2 to the point of beginning;%f%ginning at the southeast comer
of Lot 3, Block 1, Brookline Addition, thence southerly a distance of 20 feet
parallel to the east right-of-way line of York Avenue South, thence westerly to
the east right-of-way line of York Avenue South parallel to the south lot line
of said Lot 3, thence northerly a dktance of 20 feet to the southwest corner of
said Lot 3, thence easterly along the south 'lot line of said Lot 3, a distance of
135 feet to the point of beginning, a11 as platted and of record in the Office
of the Register of Deeds in and for Hennepin Co Minnesota, be and hereby is
vacated effective June 8, 1965, unless on resolution is
amended, annulled or rescinded by the Vill
ATTEST :
I
Li.fl-
Village Clerk 0
VanValkenburg's motion for adoption of the Resolution was seconded by Tupa and on
Rollcall all voted aye and the Resolution was unanimously adopted.
CASSIN'S REPLAT VARIANCES AND ZONING APPROVED.
Roy H, Peterson for rezoning Lots 5 and 6* Block 2, Cassin's Replat, fpom R-4 to
R-5 district, and for density, lot coverage and usable lot area variances €or
Lots 3, 4, 5 and 6, Block 2, Cassin's Replat. I4r. Peterson proposes to construct
two five story apartment buildings.
are being substituted for the outside requirements and Planning Commission has
recommended approval.
eighteen story
Br, Peterson assured Council that property which he owned on the east side of
York Ave. would be used for nothing larger than two and a half story apartments.
Nr. Hite stated khat he had a letter from Err. George Maloney, attorney for the
31isses Katherine and lrIarie Pearce asking if this would affect the setback from their
property line and that he had advised Mr. Maloney that the setback was not affected
by the rezoning proposal,
Vakiances:' Lots 5 and 6, Block 2, Cassin's Replat, Density Variance, 1*050
square feet per dwelling Lnit; Lot Coverage Variance, 27.9%; Floor area Ratio,
1.25; Us'able Lot Area, 0 square feet; Front Yar'd Setback Variance, 52,76".
Lots 3 and 4, Block 2, Cassin's Replat , Density Variance, 1,152 square' feet ;
Lot Coverage Variance, 27,6%;:Floor Area Ratio, 1,38; Usable Lot Area, 0 square
feet; Front Yard Setback Variance, 58.12 feet.
by Rixe and unanimously carried,
Ordinance and moved. its adoption:
Mr. Hite presented the request of
Inside recreation area and a swimming room
The building on Lots 3 and 4 will be a substitute for the
building which had already been approved for that property.
VanValkenburg# moved acceptance of the. following
VanValkenburg's motion was seconded
VanValkenburg then offered the fdllowing
ORDINANCE NO. 261-111
AN ORDINANCE AHENDING THE ZONING ORDINANCE OF THE VILLAGE
OF EDINA BY ESTABLISHING ADDITIONAC R-5 MULTIPLE RESIDENCE
L' DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1, Paragraph 1, tlultiple Residence District Boundaries, of Section 4,
(Multiple Residence District) of Ordinance Nor 261, of revised ordinances of the
Village of Edina, as amended, is hereby further amended by adding the following
sub-paragraph :
"District R-5 :
"(4)
Section 2.
and publication
VanValkenburg s Mot ion was seconded by Rixe
the Res-lution was adopted unanimously.
ATTEST :
Lots Five (5) and Six (61, Block Two (2.1, Cassin's Replat."
This Ordinance shall be in effect immediateiy after its passage
LEO 0. fiAYER GARAGE SIDE YARD VARIANCE GRANTED, Mr. Fredlund presented request
of Garage Side Yard Variance of Leo 0, Ivlayer, 6117 Oaklawn Ave.
discussion from the audience.
of approval, Rixe's Notion was seconded by VanValkenburg,
Variance was granted,
There was no
Concurring with Planning Commission's recommendation
All voted aye and the
5/3/65.
H. J. BACP AGAIN DENIED REZONING. Mr, Hite explained khat Mr. H. J. Bach's
for rezoninR Lot 3, Block 1, Clifton Tereace Addition from Open Development
to R-2 Multiple Residence District had' been denied once before and Mr.- Bach
request
District
had
requested that the matser be reconsidered.
from Folke Victorson favoring the rezoning and one from James R. Otto opposing it.
Mr. Jack Keprios, 6325 Brookview stated that his home was directly to the norsh of
the property in quesFion and ;hat he felt his privacy of his yapd would be seriously
impaired.
caused by mu?;tiple dwellings was serious and that Bt?ookview Ave. was too narrow
for cars to drive down the street when the additional cars of the residents of
multiple dwellings were parked on the street. Mr. 'James Otto, 6324 Brookview,
stated- that residents of double bungalows were transients and complained of traffic
problems caused by the additional number of cars.
provisals to safeguard his privacy be assured, specifically to include some form of
privacy wall and not providing exits onto Brookview Avenue.
that he owned Lot 2, Block 1, Clifton Terrace, the property to the east of Mr. Bach's
property, and had-no objection to the rezoning, Mr, Hughes stated that Brookview
owners had never had the opportunity bo object to the three unit building.
informed Council that the Planning Commission had considered a three unit apartment
building on Mr, Bach's property at two different times, and in' both instances had
turned it down.
stated that when he purchased the lot in 1961 it was for the explicit purpose of
building a dohe bungalow and that Mr. Hite had told him that it was a double
bungalow lot. He stated that he had intended to live there himself and rent the
other half to someone without small children, and that he, too, would favor some
sort of buffer,
question and that if Mr. Keprios was not told when he purchased his lot that it
was a double bungalow iot, then he. should have recoupse against the gentleman who
sold him the land, Mr. Keprios stated that he had realized,that there was an element
of risk involved when he purchased his lot, but that it had been impossible to
ascekain at that time how the land would be zoned.
it would be helpful if planning purposes would be clarified well in advance.
stated that in fairness to Mr. Hite, it should be pointed out that he thought, that
the' property would be rezoned, judging from the opinions of the Planning Commission.
Mr. Hite stated that part of the problem, lies in the. fact that until October, 1963,
there was no double bungalow zone and'that the Planning Commission had considered
it double bungalow property since approximately 1959. ,Mr. Bach presented.a copy
of a letter to Mr, C. C. Volk from Mr, Hite dated July 14, 1959, in which. Mr. Hite
had cited portions of the Planning Commission's Minutes of June 8, 1959, which
indicated Planning Commission approval.
denied. Mayor Bredesen ruled that the Motion was denied fo? lack of a second.
MacMillan- then moved the recommendation of the Planning Commission , providing
screening and building plai approval,
there were three ayes and two nays as follows:
VanValkenburg, say; Bredesen, nay, and the motion failed to pass.
BIDS AWARDED, FOR FUEL AND CHEMkALS.
in the Edina-Morningside Courier and the Construction Bulletin on April 15 and 22,
1965, was presented by Mr. Hyde as follows:
Mr. Hyde presented lettel? to Council
Mr, L, Lb Hughes, 6237 Brookview Ave, , stated that the $l?affic problem
Mr. Keprios asked that additional
Mr. Glen Wicks ssated
Mr. Hite
Planning Commission had approved the two unit building, Mr. Bach
Mr, Wicks stated that he was the former owner of the 1ot.in
He suggested that in the future
Mr. Hyde
VanValkenburg moved that the petition be
Motion was' seconded by Rixe, and on Rollcall
MacMillan, aye; Rixe, aye; Tupa, aye;
Tabulation of Bids in response -to Advertisement
Diesel Fuel Oii, American Oil Company was the only bidder at s.117 per
gallon
Gasoline, four bidders with American Oil cob low at* $, 05 per gallon plus
current Wall Street Journal price; Texaco, Inc. at $a052753 and-Western
Oil and Fuel Co. high at $.0597.
Celite 545 - Six bidders, with Lyon Chemicals, Inc. low at $2.85 per 50 Lb. i
McKess.cn E Robbins, Inc., second low at $3.00; and Hawkins Chemical, Inc.,
high at $3.75.
Light Soda Ash - Six bidders, with Minnesota Che6ical Co. low at $2.31
per 100 Lb. ; Thompson-Hayward Chemical Co. second low at $2.84; and Anderson
Chemical Co. high.at $3.45.
Calcium Chloride - Six bidders, with Lyon Chemicals, Inca low at $2.225;
Thompson-Hayward Chemical cob second high at $2.74; and Hawkins Chemical, Inc.
high at $3.10.
Hydrofluosilicic Acid - Four bidders, with Thompson-Hayward.Chemica1 Co.
low at $.084 per Lb., Hawkins Chemical, fnc., and Hawkins Chemical, Inc.,
McKesson E Robbins , Inc. , and Lyon Chemicals
Liquid Chlorine - Six bidders, with Anderson Chemical Co. low at $19.50
per cylinder, and Lyon Chemicals, Inc., Thompson-Hayward Chemical cob)
McKesson E Robbins, Inc., Hawkins Chemical, Inc. and Minnesota Chemical cob
all at $20. 75.
Amonium Sulphate - Two bidders, with Lyon Chemicals, Inc., low bidder at
$.048675 per pound and Hawkins Chemical, Inc. at $.049.
Inc. all at $b 085.
VanValkenburg' s motion- to accept recommended low -bid in all cases with exception of
Minnesota Chemical'Company on Light Soda Ash because of failure to provide bid
security, second low bid is recommended, was seconded by Tupa.
the motion was unanimously carried.
All voted aye and
5/3/65
BIDS AWARDED FOR SAND, BITUMINOUS MATERIAL AND ROCK,' Mm,ager
of Bids for Sand, Bituminous Material and Rock. Affidavit of
Hyde presented
Publication in
fabulation
the . .
Edina-Morningside Courier and the Construction Bulletin on April 22 and 29, 1965,
was presented by Clerk, approved as to form and placed on file.
as follows:
Bids were tabulated
1.
2.
3.
4.
5.
6..
7.
8.
9.
10.
11.
12
13
14
15
Concrete Sabd - Seven bidders, with Hedbarg E Sons Co. low at $.57 per ton;
Northwestern Gravel CO., Inc. second low at $.75 and J. L. Shiely Co. high
at $1.15.
Buckshot FA-4 - Six bidders, with
Anderson Aggregates, Inc, , $2.00,
at $3.10.
Buckshot FA-3 - Five bidders with
ton; Edward Kraemer E- Sons., Inc.
at $2.90.
Course Aggregate,. Class 8 - Four
Hedberg E Sons Co. low at $1.80 per ton;
second low; and Mapco Sand E Gravel high
Northwestern Gravel Co., low at $1.74 per
second low, and Mapco Sand E Gravel high
bidders with Edward Kraemer E Sons, Inc.
low at $2:20 per ton; Hedberg E Sons Cor second low at $2.25; and Mapco
Sand E Gravel high at $2.90.-
Gravel Base - Class 5 - Three bidders with B E R Rock Products low at
$1.25 per ton; Northwestern Gravel Co,, $1.49 per ton; and Edward Kraemer E
Sons, Inc. high at $1.50 per ton.
Crushed Rock Base - Four bidders with Edward Kraemer E Sons,*Inc. low at
$1.80 per ton; Bryan Dresser Trap Rock, Inc. second low at $2.00 per
ton; and J. L. Shiely Cos high at $2;50 per ton.
Limestone C-A-5 - Four bidders with Edward Kraemer E Sons, Inc. low at
$2.25 per ton; Bryan Dresser Trap Rock, Inc., second low at $2.36; and
J. L. Shiely CO. high at $3.15,
Seal Coat Chips - Three bidders with Jh L. Shiely Co. low at $5.25; Brpn
Dresser Trap Rock, Inc. second low at $5.40 and New Ulm Quartzite Quarries,
Inc. high at $6.75,
Alternate Seal Coat Chips 1,000 TonLDelivery2*--TEree bidders with J. L. Shiely
Co, low at $5.25; Bryan Dresser Trap Rock, Xnc. second low at $5.40; and
*New Ulm Quartzite Quarries, Inc. high at $6.70, delivered by truck.
Re&dy-Mix Bituminous Materials - Five bidders*with Black Top Service Co,
low at $5.00 per ton; Bury E Carlson, Inc. second low at $5.25; and
J. V. Gleason Co., Inc. high at $5.50.
Cut-Back Asphalt (MC) - Five bidders with Richards Oil Company low at
$.LO08 per gallon; J, V. Gleason Co. , Inc. , Western Oil E Fuel Co. 8
W. H. Barber Oil Co. and Northwestern-Refining Co. a11 bidding at $.lo5
per gallon.
Cut-Back Asphalt (RC) - Five bidders, with Northwestern Refining Co.
low bidder at $.lo75 per gallon; Richards Oil Co. second low at $.1083;
and Western Oil E Fuel Cor high bidder at $.ll75.
Emulsified Asphalt Kationic - One bidder, L. N, Sickels Co. at $.1275,
Rubberized Seal-Coat Asphalt - Two bidders with J. V. Gleason Co., Inc.
low bidder at $.2644 per gallongand Nestern Oil E Fuel Co. high at $.2648.
Stabilizing Asphalt - Two bidders, with 3. V. Gleason CO., low bidder at
$.2324 per gallon and Western Oil E Fuel Co. high at $.2328 per gallon.
VanValkenburg moved award to low bidder with the following exceptions as recommended:
Gravel Base - Class 5 - Award to Northwestern Gravel Co., Inc. as previous experience
with this product from low bidder had been unsatisfactory; Cut-Back Asphalt (RC)
Award to Richards Oil Co. because distance to low bidder's plant is much further than
Richard's plant, and Village transportation cost would be greater than the difzerence
between bids.
motion was unanimously carried.
VanValkenburg's motion for award of bids was seconded by Tupa and the
BRAEMAR ON-SALE BEER LICENSE APPROVED.
beer license for Braemar Golf Course was seconded by VanValkenburg and unanimously
Tupa's motion for approval of the on-sale
carried. . . t
PLANS FOR HIGHWAY 100 €ROW C.S,A.H. 62 TO T.H. 7 PRESENTED. Mr.'Hyde introduced
Mr. Richard Braun, the Assistant District Engineer from the State Highway - Department with plans for Highway LOO from G.S.A,H.62 to T.H, 7.
out that there is one single change which has to do with the design of the Benton
Ave. interchange. He stated that the Highway Department feels that present plans
are too complicated for this type of interchange.
necessitate considerable right-of-way.
could be ascertained, this plan satisfies a11 of the interested parties including
Our Lady of Grace Church, The Edina Country Club and the Biltmore Area and the
school.
Mr. Hite pointed
The pyloposed change will
Mr, Hyde informed Council that as far as
Pfayor Bredesen asked how many people had seen this plan altogether and
was
had
Mr .
any
told by Mr. Hite that a series of- hearings had been held-after this basic plan
been developed RZth the exception of the area around Benton and Eden Avenues.
Robert Obermeyer, 5033 Benton, questioned whether or not the state had-made
provisions for draining the pond at Highway 100 and Benton Ave. Mr. Braun
5/3/65 95
, i stated that he was sure that coordination with the Village would be worked out,
Mayor Bredesen stated that residents living on Benton who would be affected by L.
the Benton Ave. interchange should, perhaps;'have an opportunity to express their
opinions relative to the new plans.
weeks in order to arrange a hearing so that residents will be aware of the
changes which are being planned.
It was decided to kold plans for a few
HIGHWAY 494 TO BE WIDENED,
lane would be installed in 494 in the median strip.
Mr, Hite informed-Council that a fourth and fifth
Edina is involved because
494 touches Edina at Xerxes Ave. Mr. Braun was requested to take note of the
possibility of widening wb 50th St. east of Highway LOO. His attention was
also called to the confusing problem at Highway 100 and Valley View Road when
a left-hand turn is made onto HighNay 100 from Valley View Road west of the
Highway.
Tupa then offered the following-Resolution and moved its adoption:
My, Braun assured the Council that he would look into these matters.
RESOLUTION APPROVING THE WXDENING OF TRUNK HIGHWAY 494
KHEREAS, theCCommissioner of Highways has prepared plans, special
provisions and specifications for the improvement of a part of Trunk Highway
Number 393 renumbered as Trunk Highway Number 494 withinsthe corporate limits
of the Village of Edina from the wb Corporate Limits to the East Corporate
Limits; and
WHEREAS, said special provisions are on file in th)k office of the
Department of Highways, St. Paul, Minnesota, being marked, labeled, and identified
as SbP. 2785-111 (T.H. 494-3931, Minn, Project f 494-4 (71) 234', which, together
with the Minnesota Department of Highways Specifications for Highway Construction,
dated January 1, 1964, on file in the office of the Commissioner of Highways,
constitute the specifications for said improvement of Trunk Highway Number 393
renumbered as Trunk Highway Number 494; and
labeled and identified are also on file in the office of the Village Clerk;
and
used in the body of this Resolution shall be deemed and intended to mean, refer
to, and incorporate the plans and special provisions in the foregoing recitals
particularly indentified and described;
NOW, THEN, BE IT RESOLVED that said plans and special provisions for
the impcovement of Trunk Highway Number 393 renumbered as Trunk Highway
Number 494 within the limits of theelimits of the Village of Edina be and are
hereby approved,
said plans'and special provisions be and they are hereby approved and consent
is hereby given to any and a11 changes in grade occasioned by the construction
of said Trunk Highway Number 393 renumbered as-Trunk Highway Number 494 in
accordance with said plans and special provisions.
WHEREAS, copies of said plans and special provisions as so marked,
WHEREAS the term "said plans and special provisionsg1 as hereinafter
BE XT FURTHER'RESQLVED that the elevations and grades as shown in
.
Tupa's motion was seconded by MacMillan<
Resolution was unanimously adopted. ,
Tupa's motion was seconded by MacMillan andpf@llcall all voted aye &ad the
Resolution was unanimously adopted. ,
ATTEST :
STREET IMPROVEMENT #BA-76 PROTESTED. .Mr. Hyde stated that owners of ten
properties'on Wilryan Ave. had petitioned against the 'installation of Asphalt
Concrete Surfacing with Portland Cement and Concrete Curb and Gutter on Wilryan
Aver from wb 64th St. to 500' North, and had asked for another hearing.
stated that one of the proponants advised him that one or two of the petitioners
had attended the hearing but did not talk.
talked to Mrs. Atkinson and'she said that they were not familiar with the
procedures and understood that we would go ahead without their approval anyway,
The church prope~y would go along with the majority. Mayor Bredesen noted
that there would be eleven properties opposed to the improvement and six in
favor.
June 7 and have further discussion at that time.
PETITIONS RECEIVED,
to the Engineering Department for programming:
Mr. Hite
Mr. Bredesen stated that he had
It was determined to'notify property owners of the bid hearing on
The following oihing petitions were received and referred
1.
2.
3. W. 59th Street between KelLogg Ave. and Oaklawn Ave.
4. W. 59th Street between Wooddale Ave. and Oaklawn Ave.
5. Harrison Avenue (360 Block)
W, 62nd Street between Ewing Av;;?nue and Beard Avenue
Arthur St. between Maloney and Waterman; Wateman and
between Arthur Stc and Dead End,
Waterman Circle
5/3/65
SCHAEFER ROAD SANITARY SEWER HEARING SET FOR MAY 17.
petition for Sanitary-Sewer on Schaefer Road between Interlachen Blvd. and 5100
Schaefer Road, and recomended May 17, 1965* as a hearing date.
offered the following Resiilution and moved its- adoption:
Manager Hyde presented a
VanValkenburg
RESOLUTION PROVIDING FOR PUBLIC HEARING
ON PROPOSED SANITARY SEWER AND WATERMAIN IMPROVEMENT ON SCHAEFER ROAD
BETWEEN INTERLACHEN BLVD. AND 5100 SCHAEFER RD.
BE IT ESOLVED by the Village Council of the VZll'age of Edha:
1. The Village Engineer,' having submitted to the Council a preliminary report
as to the feasibility of the proposed SANITARY SEWER AND WATERMAIN IMPROVEl4ENT,
described in the form of Notice of Hearings set forth below, and as to the
estimated cost of such improvements said report Js hereby approved and directed
to be placed on file in the office of the Village Clerk.
This Council shall meet on Monday, May 17, 1965, at 7:OO P.M. inEdina
Village Hall to consider in public hearings the views of all persons interested
in said proposed improvement ,
place and purpose of said meeting to be published in thec6fficial newspaper once
a week for two successive weeks, the second of which publication is to be not
less than three days from the date of said meeting, and to mail notice to owners
of affected properties not later than ten days before date of said meeting, which
notice shall be in 'substantially the following form:
NOTICE OF PUBLIC HEARING
SANITARY SEWER AND WATERMAIN 114PROVEMENT'
COf€icial Publication)
VILLAGE OF EDINA
NOTICE OF PUBLIC HEARINGS
SANITARY SEWER AND WATERMAIN
I 2.
3. The Clerk is hereby authorized and directed to cause notice of the time,
""
-v ~ ,A. I . !Z
BNNEPIN COUNTY, MINNESOTA
EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, May 17, 1965,
at 7:OO PIMI, to consider the following proposed improvements to be constructed
under the authority granted by Minnesota Statutes 3963, Chapter 429.
approximate cost of said improvements.are estimated by the Village as set forth
below:
The '
ESTIMATE OF COST
LI CONSTRUCTION OF VILLAGE SANITARY SEWER AND
APPURTENANCES IN THE FOLLOWING:
Schaefer Road from Interlachen Blvd to 1950 feet
south and on an easement line from Interlachen Blvd.
to 355 feet, more or less, north. $59,758.73
2. CPNSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES
IN THE FOLLOWING:
Blake Road from Waterman Ave. to easement line
OR an easement line from Blake Road to Interlachen
Blvd. and Schaefer Road,,
Schaefer Road from Interlachen Blvd. to 3950 feet
$21,159.40 ... south 4
The area proposed to be assessed for the cost of the proposed sanitary sewer
under No. 1 above and the proposed watermah under No. 2 above includes Lot 1,
Block 1, Wayne Terrace; Lots 11 thru 14 incl., and Lots 19 thru 27 incl., Auditor's
Subdivision #325; Block 28, Mendelssohn Addition: Lots 4 and 5, Block 1, Harold
Woods Addition; and Lots 1 and 2, Block 1, Harold Woods 2nd Addition.
FLORENCE B. HALLBERG
" Village Clerk
Motion for adoption of the Resolution was seconded by Rixe and on Rollcall, all
votedaye and the Resolution was adopted:
R0LLING:GREEN WATER QUESTIONNAIRE TO BE'SENT OUT.
of people in Rolling Green have asked that questionnaires be sent out in order
to ascertain whether or not people wanted Village water installed before street
surfacing.
Permission to send out the questionnaire was granted.
\?ALTER H. FINK GIVEN RETROACTIVE APPROVAL OF PROPERTY DIVISION. Mr. Hite stated
that Dr. Walter F. Fink, 13 Paddock Road, had purchased two portions of lots in
1952 and 1953 without knowledge of the existence of an ordinance requiring
consent of the Village to such divisions. In order to sell this property,
retroactive approval has been reqGsted.
and moved its adoption:
Mr. Hyde stated that a nhber
He reported that'there is no polution, just a shortage of water.
Tupa offered the following R6solkion
I
5/3/65 9.7-
RESOLUTION
WHEREAS, Walter H, Fink, also known as Malter Henry Fink and Cecilia V. Find,
also known as Cecilia Virginia Fink, husband and wife, are the owners of Parcels 1
and 11, situated in the Village of Edina, Hennepin County, Minnesota, described
as follows:
Parcel 1,: drawn from a goint'on the Soutiheasterly line of.said Lot 8,
All that part of Lot 8, lying Southwesterly of a line
distant 32,09- feet Northeasterky from the Southwesterly corner
thereof, to a point on the west line of said Lot 8, distant 81,58 feet
north of the Southwesterly corner thereof, Block 2, Hilldale, Hennepin
County, Minnesota, acoording to the plat thereof OR file and of record
in the office of the Register of Deeds in and for Hennepin County,
Minnesota .
P,arcel 11: All that part of Lot 9, "Rolling Green, Hennepin County,
Minn," which lies East of a line parallel to and distant 200 feet
West, measured at right angles from the East line of said Lot 9, and
North of a line drawn parallel to ancf'distant 25 feet North, measured
at right angles from the North line of Lot 13, according to the plat
thereof on file and 05 record in the office of the Register of Deeds,
in and for Hennepin County, Minnesota; and
WHEREAS, Parcel I was part of a larger tract and was divided by and to its
present description by deed dated February 20, 1953, and recorded May 4, 1953,
in the Office of the Registrar of Titles as Document No. 392819 and Parcel I1 was
a'part of a larger tract and was divided by and to its present description by deed
dated January 14, 1952, and recorded Februapy 20, 1952, in the Office of the Register
of Deeds in Book 1916 of Deeds, page 602; and
WHEREAS, the division of the above described properties into their present
descriptions when made, required the approval of the Village Council of the Village
of Edina pursuant to its platting and subdivision ordinances and such approval
now has been requested by the above named owners, and
interfere with the purposes of the platting and subdivision ordinances of the
Village of Edina, and requiring compliance therewith in this case will involve
unnecessary hardship; and
WHEREAS, the Planning Commission of the Village of Edina has consented to
the approval of the said property divisions,
NOW, THEREFORE, it is hereby resolved by the Village Council of the Village
of Edinzxl'that the divisions heretofore made into the above described parcels, and
past and future conveyances made or to be made of said parcels, are hereby approved
and the platting and subdivision;ordinances of the Village of Edina are hereby
waived as to said divisions and conveyances,
that no further subdivision shall be made of either of said parcels as hereby approved
unless made in compliance with thezpertinent ordinances of the Village of Edina
or with the prior approval of this Council as may be provided for by such
ordinances,
'
WHEREAS, it has been determined that &he said property divisions do not
Subject, however, to the provision
.
Motion for adoption of the Resolution was se
all voted aye and the Resolution was una
ATTEST:
y VanValkenburg and on Rollcall
CLAIM FOR FALSE ARREST DAMAGES AGAINST RONALD ADLER,
Council that false arrest charges had been filed against Patrolman Ronald Adler,
Manager Hyde informed
who is now with the Minneapolis Police Department, by Charles Henderson,
had been arrested for drunken driving,
the insurance company,
Mr. Henderson
This has been referred to our attorneys and
LINCOLN HILLS ADDITION REPLAT APPROVAL TABLED,
Addition had not yet been to Planning Commission, Mr, Hite's recommendation that
Because approval for Lincoln Hills
it be tabled was approved by Council: '
ERS. F, S, VANBERGEN'S REQUEST FOR LOT DIVISION APPROVED,
Mrs,.F. S, VanBergen's request for division of the E, 67' of Lot 6, Block 3,
Mendelssohn Addition,
because they had felt that these would be smaller than the other lots in the
community.
the alley had been vacated on June 10, 1963, in order that the lot could be divided,
Richard VanBergen, Mrs. VanBergen's son, stated that Mrs, VanBergen had permission
of all of the owners on Maloney Ave. and Blake Road, had the alley vacated fcw this
purpose and had her lot surveyed at the request of the Planning Commission,
stated that other property owners were notified that this matter would be considered
tonight,
the lot division,
Mr. Hite presented
Planning Commission recommended that the request be denied
Mrs. VanBergen asked that the matter be considered by Council because
Mr, Hite
There were no objections voiced, VanValkenburg then moved approval of
Tupa seconded the motion which was unanimously carried.
5/3/65 . . ,..I..* ..I* I.... 1
9%
SALARY ADJUSTMENTS APPROVED.
adjustments: .
1.
Mr. Hyde asked permission to make the following salary
Change in Pro-manager at the Golf Course to $6,900.' He then hires the
Assistant Pro, takes the Pro Shop profits and handles the buying of
merchandise on his own and gets the private lesson money.
Flat salary of $400 monthly for the Food Operation Manager at Braemar,
with no overtime.
Building Inspector's salary up to $8,400.
;
2.
3.
Motion by VanValkenburg approving the three salary adjustments' was seconded by
Tupa, and the motion. was unanimbus3.y carried.
AUTHORITY TO RETAIN ENGINEERS AND ARCHIT€CTS FOR ICE FACILITY GRANTED,
asked approval to retain engineers and architects for the Ice FaciLity. He hopes
to have working drawings by June 15 and take bids on five month copstruction so
that ice would be ready on December 1, Mr. Hyde suggested that a local architect
be retained who had designed the Madison rink who is familiar with the Behlen roof,
and Pat Keene, a young architect whdl did quite a bit of work in Rochester,
would also like to retain Mr. Nicholas at an additional fee of $3,000 to design
the refrigeration. *
and refrigeration, of $6,000. Mr. Hyde also stated that he would look into the
possibility of providing additional seating by raising the roof and lowering the
floor.
use his own judgment.
Mr. Hyde I
He
This group would give us credit for the design of the roof ,
VanValkenburg stated that this was Mri Hyde's problem, and that he should
SUIT FILED FOR DAMAGES AT 5424 COUNTRYSLDE ROAD. Mr. Hyde informed the Council
that suit. had been filed agains.f the Village for.damages by Donald W. Dunn when
the basement caved in at 5424 Countryside Road.
is liable, and the matter has been turned over .to our attorneys. '
COUNCIL TO HOLD PUBLIC HEARING ON NAME CHANGE-OF "WEST GLEASON ROAD" ON JUNE 7.
At the recommendation of Manager Hyde, VanValkenburg moved that June 7, 1965, be
set as the date of Public Hearing on the proposed change of name of "West Gleason
Road1' to "Tamarac Circle." l4otion was seconded by Rixe and unanimously carried.
He does not feel that the Village
*
COUNCIL ADVISED ON PREUS AND MCGOWAN REQUEST FOR ADJUSTMENT ON STREET PAVING
ASSESSMENTS. Manager Hyde reported that MI?. McGowan had presented no evidence
that three lots in the assessment district had been provided special treatment
on the payment of the improvement.
has been prepared for McGowan's review and Use in supporting his claim.
Hyde stated that a map of the impxhvement
MINUTES OF FEBRUARY 15, MARCH 15 AND APRIL 5, 1965, CORRECTED.
by VanValkenburg, seconded by Rixe and unanimously adopted, the Minutes of the
Upon Motion made
Regular Meetings of February 15, March 15, and April 5, 1965, were corrected to
include Resolh.ons Authorizing PubLic Hearings On Proposed Improvements.
COMPARISON OF GENERAL FUND EXPENDITURES FOR FIRST THREE MONTHS OF 1964 AND 1965
PRESENTED TO COUNCIL.
Expenditures to the Council covering the first three months of 1964 and 1965.
The report indicated that & increase of $19,993.23 in total expenditures was
experienced in 1965 overthe same.period for 1964. This was due primarily to
Public Works snow removal expenditures.
COUNCIL AUTHORIZES VILLAGE MANAGER TO ACT FOR VILLAGE IN REQUESTING FINANCIAL AID
FROM FEDERAL GOVERNMENT FOR FLOOD CONTROL,
is apparently eligible for Federal financial assistance in recouping the expense
of drainage control during the recent flood situation.
Council appoint himself as the authorized agent to apply for the funds.
then offered the following Resolution and moved its adoption: .
Manager Hyde presented a Comparison of General Fund
Manager Hyde reported that the Village
He requested that the
MacHillan
A RESOLUTION APPOINTING
EDINA IN OBTAINING FLNANCLAL ASSISTANCE
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA,
THAT Warren C. Hyde, Village Manager, be and he is hereby authroizedto eyecute.
for 2nd in behalf of the Village of Edina, a public entity established under the
laws of the State of Minnesota, this application and to file it in the appropriate
State office for the purpose of obtaining cer
under the Federal Disaster Act (Public Law 87
Passed and approved this thfrd day of May,
ATTEST:
WARREN C. HYDE TO ACT FOR VILLAGE OF
UNDER FEDERAL DISASTER ACT
Village Clerk
nRStcr,,,
Resolution was seconded by Vakalkenburg and on Rollcall there were five apes
and no nays, and the Resolution was adopted.
.. i
5/3/65
SECOND READING AND ADOPTION OF ORRINANCES 68-1, 142-3 AND 211A.
of praposed Ordhances 68-1, 142-3,and 211A was heard, with no parties presenting
objection or comment.
moved their adoption :
Second Reading
VanValkenbuPg then offered the following Ordinances and
ORDINANCE NO. 68-1
ORDINANCE NO. 68 OF THE VILLAGE
AS TO REQUIREMENT OF COUliECTION
99
i -i
I
WITH THE SANITARY SEWER SYSTEM OF THE VILLAGE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS;
Section 1. Section 1 of Ordinance No. 68 of the Village is hereby
amended to read as follows:
abuts upon any public street or alley along which any sanitary sewer mains have
been constructed, the owner or occupant of every dwelling house or business
building located on such property shall connect the sewage disposal lines
installed therein with said sanitary sewer in such street or alley; provided,
that if at the time of the installation of such sanitary sewer mains, the sewage
disposal lines installed in the dwelling house or business building located on
such property are connected to a prhvate sewage disposal system, the owner or
occupant thereof need not connect to such sanitary sewer unless and until such
private sewage disposal system overflows, backs up or otherwise fails."
Section 2 of said ordinance is hereby amended to read as
follows :
. "Section 2. Failure to Comply; Notice, Any person required by Section 1
hereof to connect the sewage disposal Lines with the sanitary sewer shall make
such connection within ten days after vritten notice is given to such person to
make such connection.
mail or delivered by the Village Public Health Sanitarian on order of the Village
Manager It
passage and publication.
ATTEST:
I1Section l. Connection Required. Whenever property in any platted area
Section 2.
The written notice shall be prepared and mailed by certified
Section 3. This ordinance shal effect upon its
ORDINANCE NO. 142-3
AN ORDINANCE AMENDING ORDINANCE NO. 142 OF THE VILLAGE
RELATING TO OFFENSES AGAINST PUBLIC PLACES, BY PROHIBITING
INTERFERENCE WITH PUBLIC GROUNDS, INCLUDING STREET
AND UTILITY EASEMENTS, AND PROVIDING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1, Ordinance No. 142 of the Village, as amended, is hereby
further amended by adding thereto an additional section reading as follows:
Except as provided in subsection (b) hereof, no person shall
"Set. 21. Encumbrance or Obstruction of Stheets and Other Public Grounds.
(a)
obstruct, encroach upon, encumber or otherwise interfere with any public grounds,
or streets, or easements held by the Village for street or utility purposes, by
putting thereon any curbing, paving, .fences, buildings or other structures, or
planting thereon any trees or shrubs, or depositing thereon any other matter.
prohibition herein stated shall apply as to any easement to the entire width or
extent thereof, and not just to the pof?tion which may from time to time be in public
use for travel.or other purposes,
obstructions which now exist or hereafter may exist in violation of the provisions
hereof to be removed and the cost thereof to be specially assessed against the
property owned by the person who caused such encumbrance-or obstruction to be
created.
collection, and shall be included in the next tax mlls to be prepared by the county
auditor.
removing an encumbrance or obstruction, cause the person who created it to be
punished €or a misdemeanor hereunder."
The
The Village may cause any encumbrances OP
~
When so assessed, the cost shall be certified to the county auditor for
The Village may also, notwithstanding such assessment of the cost of
Cb)
Accumulations of snow and ice may be deposited upon those portions of
The foLlowing exceptions are hereby established to subsection (a):
(1)
such grounds, streets or easements not used for travel or for access by the public
or the Village.
(2)
Ordinance No. 191 (Traffic and Parking Ordinance).
(3)
of 25 feet and their location does not violate any ordinance of the Village.
(4)
under Ordinance No. 162.
passage and publication hereof.
Vehicles may be parked in the manner and to the extent permitted by
Driveways may be cut and surfaced, provided they do not exceed. a width
Trees and shrubs may be planted when permit has been obtained therefor
Sec. 2. This ordinance shall be
Village Clerk fl
5/3/65
ORDINANCE NO. 211A
AN ORDINANCE PROVIDING FOR THE SANITARY
STORAGE OF REFUSE, GARBAGE, SWILL, RUBBLSH
AND WASTE MATTER, FOR THE REGULAR COLLECTION
AND SANITARY DISPOSAL THEREOF, FOR THE REGU-
LATION AND LICENSING OF GARBAGE HAULERS, AND
FOR THE ABATEMENT OF REFUSE ACCUMULATIONS:
IMPOSING A PENALTY FOR VIOLATION THEREOF: AND
REPEALING ORDINAH~~E NO. 211, AS AMENDED
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:-+
Section 1.
the following meanings:
Refuse means all solid waste products or those having the character of solids
rather than liquids in that they will not flow readily without additional liquid
and which are composed wholLy or partly of such materials as garbage, swill, sweepings,
cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes;
organic wastes or residue of animals sold as meat, fruit or other vegetable or
animal matter from kitchen, dining room, market, food establishment or any places
dealing in or handling meat, fowl, fruit, grain, or vegetables; offal, animal .
excreta, or the carcass of animals; free or shrub trimmings; grass clippings, brick,
plaster or other waste matter resulting from the demolition, alteration or construction
junk, or other such substance which may becomeh nuisance.
attends the preparation, consumption, display, dealing in or storage of meat, fish,
fowl, birds, fruit or vegetables, includingThe cans, containers or wrappers wasted
along with such materials. - Swill includes that particular garbage which is wholly or nearly edible and
usable as a food and has food value for animals or fowl, accumulating from animal, -
vegetable or other matter wasted from clubs, hote98, hospitals, restaurants, and
public eating places .
Rubbish includes wood, leaves, trimmings from shrubs, dead trees or branches
thereof, shavings, sawdust, excelsior, wooden ware, printed matter, paper, paper .
board, paste boara, grass, rags, straw, boots, shoes, hats and all other combustibles
not included under the term garbage.
loam, stone, brick, plaster, crockery, glass, glassware, ashed, cinders, shells,
metal and all other noncombustible material which has been ox, is to be discarded.
The occupant of any private dwelling,
the keeper or manager of any hotel, motel, restaurant, eating house, or boarding
house or ariy building where meals are served, the owner of any flat or apartment
house, trailer camp or auto court, arid any other person having refuse as herein
defined shall provide and keep on such premises sufficient containers for the storage
of all refuse accumulated on the premises between collections.
shalLbe water tight, shall have a tight fitting lid, shall be impervious to insects,
rodents, vermin and absorption of moisture, shall be fire proof and shall not exceed
30 gaLlons in size.
in containers of any refuse which is immediately consumed or disposed of on the
premises in a multiple chamber gas fire incinerator of a type approved by the
Public Health Department of the Village,
stored in the containers required by Section 2 hereof, except as the same may be
consumed or disposed of on such premises as permitted by said section.
.Set. 4. Placing of Containers. The containers shall be placed in the rear
of the premises in such a manner as to be out of view from the street in front of
Definitions. Whenever used in this ordinance, words shall have - I.
of buildings or structure ; accumulated waste materials , cans , containers , tires , *.
Garbage includes every accumulation.of animal, vegetable or other matter that
Waste matter includes waste matter composed of soil, earth, sand, clay, gravel I Sec. 2. Refuse Containers Requirdd.
Each such container
However, nothing herein shall be deemed to require the storage
Sec. 3. Refuse to be kept in Containers. All refuse on any premise shall be
,. the premises or in a garage located on the premises.
be placed next to the street or curb or be placed or maintained in such a way as to
unreasonably intepfere with the use of adjoining property. Cantainers kept outside
shall be placed in such a manner as not to permit entry of or.harborage for animals,
insects OL? other vermin.
shall be collected once every week, or more frequently if required by the provisions
of any other ordinance of the Village, by a collector licensed hereunder.
transfer the contents of the containers to his vehicle without spilling them, or
if any spilling occurs, he shall clean it up completely.
containers shall be completely emptied and returned to the racks or stands where
they are kept, and the lids of the. containers shall be replaced.
corroded.or otherwise defective so as to permit insects, vermin or rodents to enter,
or does not meet any other requirements of this ordinance, the collector shall notify
the Public Health Sanitarian of the Village of Edina in writing OA forms furnished
by the Department of Health of Edina,
notice to the container.
repair or replacement.
corrected, the collector shall notify sai'd Sanitarian.
inspect said container and, if found deficient, condemn the same.
shall not collect the contents of any coneainer marked as condemned.
In no event shall containers
Sec. 5. Frequency and Manner of Collection, The contents of the containers
'I He shall
Upon each collection, the
.
Sec. 6. Defective Containers. Whenever a container is in poor repair, is
The collector shall aff2x a copy of said
The notice shall state the deficiency and shall require
The Sanitarian shall then
Upon the next collection, if the deficiency has not been
The collector
.
4
5/3/65
Sec. 7, Collector May Cancel Service. The collector shall cancel service to
any premises when the only container or containers thereon have been condemned, and
may cancel service when the party chargeable for the collection service is two
months or more overdue in paying for such service.
to any premises, written notice thereof shall be served upon or mailed to the
occupant, manager or owner of the premises and a copy of thenotice shall be mailed to
the Village Health Department .
Sec, 8. Abatement-of Refuse Accumulation. Any accumulation of refuse on
any premises not stored in containers which comply with this ordinance, or any
accumulation of refuse on any premises which has remained thereon for more than one
week is hereby declared to be a nuisance and shall be abated by order of the Village
Health Officer, as provided by Minnesota Statutes, Sections 145,22 and 145.23, and
the cost of abatement may be assessed on the property where the nuisance was found,
as provided in said sections.
When any collector cancels service
. Sec. 9. Haulers to-be Licensed. No person shall engage in hauling or conveying
rubbish, garbage or other refuse from any premises in the Village unless he holds a
valid license hereunder.
No. 20 of the V-e, including th qenalty provisions thereof, shall apply to
all licenses required by this ordinance and to the holders of such licenses.
contaih or have attached thereto, in addition to the information required by said
Ordinance No. 20, a description of the, types and makes of motor vehicles used for
collection, a schedule of the charges $to be made to customers, the frequency OS
service to be rendered and full information as to where and how the material
collected will be disposed of.
licenses shall file with each application a copy of an insurance policy or of
insurance policies under which there is coverage as to each vehicle to be used,
.for the entire term of the license applied for, for loss or damage to persons in
the amount of.$lOO,OOO for each person and $300,000 for each accident, and for loss or
damage to property in the amount of $50,000.
shall not be cancelled or terminated without notice thereof first being given to
the Village,
The fee for the license required by this ordinance shall be
$25 for the first vehicle and $10 for each additional vehicle to be used.
Sec. 10, License,Procedure or Control; Penalties, The provisions of Ordinance
Sec.' 11. Applications. The appkication for license or renewal of license shall
Sec, 12. Insurance. Poli-cies to be Filed. Applicants for licenses or renewals of
Each such policy shall provide that it
Sec. 13. Fee.
Sec. 14. Teqn of License; The term of each license hereunder shall be from
Se c . 15 , Admi-nistrat i y, Degartment of H . Applications for license
April I, to March 31,
hereunder shall be submitted to the Village Department of Health and licenses shall
be granted or denied by that department.
hereby made the deputy of the Village Manager for the purpose of notifying licensees
of violations, and suspending or revoking licenses,
The Village Public Health Sanitarian is
Sec. 16. Decals, ,to be Placed on Vehicles. Whenever a license or renewal has
I
I . been granted hereunder, the Department of Health shall furnish to the licensee a
decalcomania for each vehicle,
that the vehicle is licensed by the Village,
decalcomania to the forward left side of the body of each vehicle licensed.
The decalcomaniaishall be so worded as to signify
The licensee shall apply the
Sec. 17.
hereunder shall be constructed entirely of metal, or the space in the vehicle in
Spe-cifigations of Vehicles. The Lody of every vehicle licensed
I which refuse will be kept shall be completely lined with metal. All joints shall
I be effectively closed so that no dripping or leaking or draining off of water,
liquid or any substance can occur.
metal hood having an opening fitted with metal doors, or shall be provided with a
heavy tarpaulin or equivalent cover fitted with eyes, grommets, tie ropes or hooka
so that the cover can be held securely over the loaded refuse. Every vehicle used
for collecting garbage or swill shall have a permanent metal cover.
kept well painted, clean and in good repair,
garbage or swill shall be steam cleaned every week or oftener if necessary to
prevent persistent odors, and shall be steam cleaned before being used for any
other purpose.
the name of the owner or operator on the body, or placed on a durable metal or
wood plaque which shall be fastened to the body when the vehicle is used for
collecting garbage or refuse.
..
The loading space shall be provided with a tight
1 .. Sec. 18. Cleanliness of Vehicles, Every vehicle licensed hereunder shall be
Every such vehicle used for collecting
Sec. 19, Marking- of. Vehic Every vehicle used to collect refuse shall have II ~
See, 20. Loading Vehia. Rubbish or waste matter shall be so loaded that
none of such materials can jar loose and fall to the ground or street when the
I vehicle is in motion.
that they cannot be dispersed by the wind or fall out of the vehicle.
Loose paper, trash and small materials shall be so secured
Set, 21, ContaineEs Used in Vehicle-, Containers used to store or carry
garbage or refuse in any vehicle licensed hereunder shall comply with the requirements
of Section 2. hereof ,
i
5/3/65
Sec. 22. Penalty: Any person violating this ordinance shall be guilty of a
misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the
Village or county jail for a period not exceeding 90 days, with costs of prosecution
in either case to be added,
or suspension of license, and in addition to abatement of a nuSance hereunder,
Section 1 of Ordinance No, 113 of the Village, as amended, is also repealed.
publicat ion.
ATTEST :
Such penalty may be imposed in addition to revocation
Sec. 23. Ordinance No. 211 of the Village, as amended, is hereby repealed,
Rixe seconded, and on Rollcall there were five ayes and no nays and the Ordinances
were adopted ,
COUNCIL DIRECTS ADVERTISEMENT FOR BIDS ON PUBLIC IMPROVEMENTS.
Engineer Hite, Rixe offered the following Resolution and moved its adoption:
At the request of
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEIENTS AND
DIRECTING ADVERTISELIENT FOR BIDS
BA-73, BA-74, $A-75, BA-76, BA-77, E-20;
ALLEY IMPROVEt-IENT NO A-161;
STREET IMPROVEMENTS NOS BA-68, BA-69, BA-72,
CURB AND GUTTER IMPROVElilENT NO, B-77
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, NINNESOTA:
The plans and specifications for the proposed 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,
1.
-- 2, The Clerk shall cause to be published three times
Courier and Construction Bulletin the following notice for
(Official Publication)
VILLAGE OF EDINA
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
PLANT MIXED BITUbiINOUS SURFACING WITH CLASS 5
in the Edina-Mbrningside
bids for improvements :
GRAVEL BASE,
I,
PORTLAND CEMENT CONCRETE CURB AND GUTTER, PORTLAND CEMENT
CONCRETE SURFACING WITH INTEGRAL CURB
SEALED BIDS will be received and opened in the Council Chambers in the Edina Village
Hall, 4801 W. 50th St., at 11:OO A.14. , Friday, June 4, 1965, and the Edina Village
Council will meet at 7:OO P.M., on Monday, June 7, 1965, to consider said bids for
the construction of Plant Mixed Bituminous Surfacing with Class 5 Gravel Base,
Portland Cement Concrete Curb and Gutter, Portland Cement Concrete Surfacing with
Integral Curb. The following are approximate quantities of rjajor items:
13,000 C/Y Excavation
53,000 S/Y 4" Compacted Class 5 Gravel
23,000 S/Y 6" Compacted Class 5 Gravel
53,000 S/Y 4" Plant Nixed Bituminous Binder Course
14. H.D. Specification 2331
56,000 S/Y 1-1/2" Plant Mixed Bituminous Nearing Course .
H.H.D. Specification 2341 + Filler
24,000 S/Y 2" Plant Nixed Bituminous Wearing Course
M.H.D. Specification 2341
39,000 L/F B6-18 Portland Cement Concrete Curb and Gutter
5,000 S/Y Cfiltured Sod
850 S/Y 6" Non-reinforced Portland Cement Concrete Pavement with
Work must be done as described in plans and specifications on file in the office
of the Village Clerk.
$10.00 (by check), which deposit will be refunded upon return of said plans and
specifications.
cash deposit, bid bond or certified check payable to the Village Clerk in the
amount of at least ten (10) per cent of amount of base bid,
the right to reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
Integral Curb
Plans and specifications are available for a deposit of
No bids will be considered unless sealed and accompanied by
The Coirncil reserves
FLORENCE Br HALLBERG
Village Clerk
Motion for adoption of the Resolution was se
were five ayes and no nays and the Resolutio
ATTEST :
llcall there
LL-L-c& .I 4.. Y$!Lu!.&.
.. Village Clerk
I
' 5/3/65'
i
FINANCIAL REPORT ACCEPTED.
Liquor Dispensary Fund Reports and the March 31, 1965, Treasurer's Report be
approved and ordered placed on file.
adopted.
MacMillan moved that the January and February 1965
Tupa secanded and the motion was unanimously
CLAIMS- PAID,. Tupa's motion for payment of Claims as per Pre-List dated May 3, 1965,
including the following additional claims, was seconded by VanValkenburg and
unanimously carried: Sre-List, May 3, 1965: General Fund, $14,684.80; Construction
Fund, $64.39; Park, Park Construction and Golf Course Fund, $3,431.66; Water Fund,
$86.78; Liquor Fund, $70,592,20; Sewer Rental Fund, $129.88; Improvement Funds,
$33.44; Poor Fund, $224.02; TQtal, $89,247.17; and the additional Claims as
follows :
City of Minneapolis $ 22.50 Water Fund
State of Minnesota $ 1.50 . General Fund
International City Managers' ASSOC. $ 95.00 General Fund
Allan J. Coleman Co. $248.89 General Fund
Zep Manufacturing Co. $184.12 Park Fund
Postmaster $300.00. General Fund
There being no further business before the .Council, Tupa moved for adjournment .
Motion seconded by MacMillan and carried. Meeting adjourned at 9:25 P.M.
dL-d- A d
Village Clerk i