HomeMy WebLinkAbout19650907_regularI88 9/7/65
i4INUTES OF THE REGULAR I.IEETIl4G OF THE
EDINA VILLAGE COUNCIL, HELD TUESDAY, SEPTEtBER 7, 1965,
AT THE EDINA VILLAGE HALL
ROLLCALL was answered by members l~lacNillan, Rixe, Tupa, VanValkenburg and Bredesen.
3iINUTES of the Regular ileeting of August 16, 1965, were approved as corrected by
motion Rixe, seconded by HacI4illan and carried. Rixe's correction was that the
ResQlution providing for Public Hearing on proposed sidewalk replacement in the
Country Club was offered by I4actEllan.
1965, were approved as read-by motion of Rixe, seconded by iIacl4illan and carried.
E4inutes of the Special E-leeting of August 27,
PROPOSED BUDGET DISCUSSED.
presentation of the budget for the succeeding calendar year be the first order of
business at the first meeting in September and that copies are available. for
inspection, The budget, as revised in accordance with requests made at the Special
Meeting of August 27, provides for a mill rate increase of 0.83 over the 1965 levy.
Nr. Hyde stated that the budget must be adopted prior to October 1, according to
law .
Nanager Hyde stated that State law requires that the *
PUBLIC HEARING HELD ON. COUNTRY CLUB SIDEWALK REPLACEMENT . Clerk presented Affidavits
of Publication in the Edina-k1orninaside Courier on August 26, 1965, and of Mailing to
owners of affected properties of "Notice of Public Hearing on Portland Cement Concrete
Sidewalk Replacement," which affidavits were approved as to form and ordered placed
on file.
OF PORTLAND CEFENT CONCRETE SIDEWALK REPLACEENT IN THE FOLLOWING :
Pursuant to due notice given, Public Hearing was conducted on the CONSTRUCTION
Arden Ave. from W. 50th St. to Sunnyside Rd,
Bruce Ave. from W. 50th St. to Sunnyside Rd,
Casco Ave. from Country Club Rd. to Sunnyside Rd.
Drexel Aver from Country Club Rd. to Sunnyside Rd.
Wooddale Ave. from I.I. 50th St. to North Village Limits
Edina Blvd. from Country Club Rd. to Sunnyside Rd.
Uoorland Ave. from Country Club Rd.l-to Sunnyside Rd.
Browndale Ave, from South line of N1/2 Sec. 18, T. 28,
Edgebrook Place from Browndale Ave. to Browndale Ave.
Sunnyside Rd6 from Hwy. #169-212 to Grimes Ave.
Bridge Str from Minnehaha Creek to Arden Ave.
Country Club Rd. from Browndale Ave. to Arden AVea .
North side of \I. 50th St. from Wooddale Ave. to the
R. 24 to South line of Arden Pmk 2nd E 3rd Additions
East line of Lot 29, Block 11, Country Club
District, Fairway Section
Grimes Ave. from Sunnyside Rd, to North Village limits
I4ackey Ave, from Sunnyside Rd. to South line of
Arden Park 3rd Addition
The area proposed to be assessed includes a31 lots and tracts of land abutting
Estimate of cost was given at $47,951.57, with an estimated cost per square foot of
$0.96,
the streets listed above, Hanager Hyde explained that sidewalk in the Country Club
has reached a point where it is both hazardous and unsightly and that work should be
done at this time before tree roots cause additional damage.
includes removal of defective sidewalk,, removal of roots interfering with the walk,
placement bf sand base where required, installation of new sidewalk and replacement
of sod disturbed by the construction. All valks will be four inches thick except at
driveways where the thickness will be six inches.
this Fall or next spring if weather prevents fall completion.
4620 Casco Ave,, asked if the cracks could be patched and was in€ormed by i4ayor Bredesen
that a complete job would be necessary because remaining roots would cause additional
damage,
was told by Mayor Bredesen that improvements are ordered by the Council to protect
the residents of the community,
residents to determine whether or not they are in favor of the improvement. Hayor
Bredesen stated that he would not evade his responsibility by leaving a matter
concerning public welfare up to a group of people who might not have the same sense
of responsibility that the Council needs to have,
questioned how corner properties would be assessed.
would apply as on new construction, whereby the property owner would pay full assessment
on the street on which the house faces, but only one-third of the assessment on the
side of the property,
whether or not the property owner could have the work done on an individual basis.
i.layor Bredesen replied that -5n all probability no money would be saved and that the
Village would want to be sure that roots were cut deep enough so that further root
damage would not occur. R. E. Damon, 4500 Bruce Avenue, suggested the possaility
of eliminating sidewalks completely and was told by I4ayor Bredesen that straets in
the Country Club District were too narrow for children to use when walking to school,
The estimated cost
Work authorized would be installed
Herbert J. Brand,
R, J. Holbrook, 4512 Drexel Ave., questioned the necessity of the iaork and
Mr. Holbrook then asked if a poll could be taken of
Uilliam Om, 4920 Arden Avenue,
He was told that the same policy
Dr. Clarence I, Lillehei, 4601 Wooddale Avenue, questioned
9/7/65
Edward N. Denn, 4516 Arden Avenue, expressed concern for the over-all aspects of the
Country Club District and asked whether additional improvements were anticipated.
Hayor Bredesen replied that curb.and gutter which were forty years old should be
replaced as well as street lights.
he did not feel that there should be any assessment on the 50th street sidewalk because
of an easement granting an 80 foot riiht-of-way to Hennepin County deeded to them by
Thorpe Brothers,
investigated.
the sidewalk. until flooding along 50th Street has b.een alleviated.
that this situation should be alleviated because of catch basins which yere just
installed,
stating that Elinneapolis estimates were $0,40,
are many different grades of work and that the figure given was only an estimate and
would, possibly, be lower, A gentleman who resided at 4502 Bruce Avenue stated that
he felt that if the blacktop patching were removed, the sidewalks would be in better
condition, and that he considered work done in 1953 of poor’quality. 3n.response to
a question of L. D, Lindborg, 4509 Drexel Avenue, as to whether there would be a
saving if bids were taken on larger or smaller’amount of work.
did not believe there would be any substantial economy,
bids for sidewalk at Fairview Hospital which showed that the estimated costs were
higher than bid costs,
high side,
was assured that it would be leveled and that sod would be replaced where necessary,
Donald F, Drews, 4604 Arden Avenue, asked when the work would be done and was told
that it was hoped that it should be completed this fall, James F. Stinson, 4628 Arden,
asked if the sidewalks were being repaired for convenience of snow plowing and was told
that this is not the caser Stanley P. Ewert, 8 Edina Court, asked if his property was
considered corner property and was told that it was. He stated that he found no green
checks, but felt that some of his sidewalk should be replaced,
how sidewalk on Village property was assessed and was told that it was paid from
General Funds . asked what specifications were used
in determining which sidewalk needed replacement and was told that it was a matter of
judgment,
hs, Herbert J6 Brand, 4620 Casco Avenue; I&, Shirley Sinnott, 4506 blooddale Avenue;
L6 D, Lindborg, 4509 Drexel Avenue; Larry Fogdall, 4502 Bruce Avenue; Stanley Ewert,
8 Edina Court; Frank Thomas, 4621 Drexel Avenue; Valdemar Olson, 453L Arden Avenue;
A, J, Oberg, 4919 Arden Avenue; Peter T. Pappas, 4614 Casco Avenue and Dr. Clarence 3,
Lillehei, 4601 Wooddale Avenue. Fa Ab Kohlhaas, 4512 Bruce Avenue indicated that he
wants all of his sidewalk replaced and Lloyd Brenna, 462L Bruce Avenue stated that he
would like work done in addition to the area which had been checked for replacement,
Providing that all sidewalk be rechecked in cases where a request is made by the
property owner, and providing that- corner Lots are assessed in full for the front sidewalk
and assessed one-third for the sidewalk on the side of the house with the remaining
two-thirds of the cost to be assessed to the entire improvement, Tupa offered the
following Resolution and moved its adoption:
RESOLUTION ORDERING ItdPROVEIYENT
Aehur J, Oberg, 4919 Arden Avenue, stated that
IjIr. Hyde stated that- the legal aspects of this matter would be
Mr. Oberg further stated that he considers it futile to $0 anything with
PIP. Hyde stated
Mr, Oberg then questioned the estimated cost of $0.96 per. square foot,
Mayor Bredesen informed him that there
Mr? Hyde stated he
Mr. Hyde then quoted from
lie further stated that the Village tries to estimate on the
Raymond Zech, 4609 Arden Avenue, asked if his walk would be,leveled and
Ilrs, Evert inquired
Frank Thomas 9 4621 Drexel Avenue
The following property owners asked that their sidewalk be rechecked:
,
.I
SIDEWALK IMPROVEMENT NO, 5
BE IT ESOLVED by the Council of the Village of Edina, Minnesota, that this Cpuncil
heretofore caused notices of hearing to be duly published and mailed to ownens. of
affected properties on the following proposed improvement:
Arderi Ave, from W, 50th St, to Sunnyside Rd.
Bruce Ave. from W, 50th St, to Sunnyside Rd,
Casco Ave, from Country Club Rd. to Sunnyside Rd.
Drexel Ave. from Country Club Rd, to Sunnyside Rdb
Wooddale Ave, from W. 50th St. to North Village Limits
Edina Blvd. from Country Club Rd, to Sunnyside Rd,
Moorland Aver from Country Club Rd. to Sunnyside Rd.
Browndale Ave. from South line- of NL/2 Sec, 18 , T . 28,
Edgebrook Place from Browndale Ave. to Browndale Ave,
Sunnyside Rd, from Hwy. #169-212 to Grimes Ave.
Bridge St, from Minnehaha Creek to Arden Ave,
Country Club Rd. from Browndale Aver to Arden Aver
North side of W, 50th St. from Wooddale Ave.to the
East line of Lot 29, Block JIl, Country’ Club
District , Fairway Section.
1 . CONSTRUCTION OF PORTLAND CENEHT CONCRETE SIDEWALK REPLACEMEN‘T IN THE FOLLOWING :
R, 24 to South line of Arden Park 2nd and 3rd Additions
. Grimes Ave. from Sunnyside Rd, to North Village Limits
Mackey Ave, from Sunnyside Rd. to South line of
Arden Park 3rd Addition
and at the hearing held at the time and place specigied in said notice the Council has
duly considered the views of all. persons interested, and being fully advised of the
pertinent facts does hereby determine to proceed with the construction of said
improvement as herebefore set forth, and said improvement is hereby designated and
J 9/7/65
shall be referred to in all subsequent proceedings as SIDEWALK IWROVEkE3T NO. 5, and
the area proposed to be assessed for the cost of the proposed Portland Cement Concrete
Sidewalk Replacement includes all lots and tracts of land abutting the proposed
improvement :
Arden Ave. from W, 50th St. to Sunnyside Rd,
Bruce Ave' from kl. 50th St. to Sunnys5.de Rdr
Casco Ave. from Country Club Rd. to Sunnyside Rd.
Drexel Ave. from Country Club Rd. to Sunnysi.de Rd.
G7ooddal.e Ave. from 11, 50th Str to North Village Limits
Edina Blvd. from Country Club Rd. to Sunnyside Rd.
Hoorland Ave, from Country Club Rd. to Sunnyside Rd.
Browndale Ave. from South line of N1/2 Sec. 18, T. 28,
Edgebrook Place from Browndale Ave. to Browndale Ave.
Sunnyside Rd. from Hwy, #169-212 to Grimes Ave.
Bridge St. froin Hinnehaha Creek to Arden Ave.
Country Club Rd. from Browndale Ave. to Arden Aver
North side of W, 50th St. from Wooddale Ave. to the
R. 24 to South line of Arden Park 2nd E 3rd Additions
East line of Lot 29, Block 11, Country Club
District, Fairway Section
Grimes Ave. from Sunnyside Rd. to North Village Limits
Hackey Ave. from Sunnyside Rd, to South line of
Arden Park 3rd Addition.
Xotion for adoption of the Resolution was sec
were five ayes and no nays and the Resolution
ATTEST :
cl4illan and on Rollcall thers
%
Village Clepk 0
SNOW ENOVAL DISCUSSED.
sidewalks were put in good condition, the Village might provide snow removal service
Mayor Bredesen stated that it had been thought that if the
on the public walks on an assessment basis.
walking caused by residents who do not remove their own snow.
could be provided, either by private contractors or by Village crews. Plr. Hyde
stated that he thought it would prove to be more economkal to engage reputable
contractors.
stated that cost would be assessed on a front foot basis, and that property owners with
corner lots would pay only one-third of the cost ofthe assessment for the side of their
property.
that he would anticipate that there would be very little damage to sidewalks from the
plows. A gentleman in the audience asked that the possibility of plowing driveways at
the same time also be considered, Hrs. C, J, Sommers, 4602 Browndale, stated that she
would strongly oppose this type of control,
this is a responsibility of the family and that it is work for boys to do to earn money.
In reply to the statement that it is very difficult to find boys who will do the work,
it was brought out that the schools are very cooperative in helping find boys who want
extra work. Dr. Robert L. Meller, 4614 Moorland Avenue, stated that many families do
not accept the responsibility of keeping their walks clean and that he often has to
walk in the street in his neighborhood after a heavy snowfall.
W. 50th Street is particularly bad for children walking to the school and €or those
walking to church.
to a question concerning the snow removal ordinance, Mr.* Hyde said that he believed
that public sidewalk is to be cleared within twenty-four hours and that after that time
a notice is sent to the owner adcising him that the walk trill bk cleared by the Village
and the cost assessed to him.
Village on the work it has done plowing streets and stated that she is sure the sidewalk
replacement will be done in the best interests of everyone concerned, but that she
thinks that the snow plowing should be the responsibility of the property oxner.
Corliss Walker, 4902 Sunnyside, complained of cars. being left on the streets and
interferring with street plowing.
Hayor Bredesen then stated that a letter may be sent out asking for opinions from
residents of the Country Club District and then see what develops.
This would eliminate the difficfilty in
Mechanized equipment
I In reply to a question from a gentleman in the audiencej Mayor Bredesen.
In reply to a question from a gentleman in the audience, Hr. Hyde stated
Another opinion from the audience was that
It was broughtcout that
Snow removal at the Edina Library wds also criticized. In reply
liirs* Allison Brion, 4706 Sunny'si.de Road, complimented
He was told that many I1snow birds" were issued;.
SP-ECIAL ASSESSIENTS LEVIED ON IJUHEROUS IMPROVEHEHTS.
Publication in the Edina-fiSorningsi.de Courier on August 19 and 26& 1965, and of Nailing
Clerk presented Affidavits of
-
to owners of affected propepties of "Notice of Public Hearings on Proposed Special
Assessmentst1, on August 23, which affidavits'were approved as to form and ordered
placed on file. Pursuant to due notice giveh, Public Hearings Gere conducted, and
action was taken by the Council as hereinafter recorded:
J 9/17/65
1. PUBLIC HEARING ON PROPOSED ASSESSILiEIJT FOR STREET II:PROVE!4ENT NO. A-157. Tabulation
of Assessment was presented by Mr, Hyde at $3,811.05 to be levied on fifteen assessable
Lots at $254.07 per Lot as compared with Improvement Hearing Estimate of $370.03 per
lot.
thereto. Tupa's motion approving proposed Special Assessment for Street Improvement
No, A-157 was seconded by Rixe and unanimously carried,
Minutes levying assessment.)
2. PUBLIC HEARING ON PROPOSED ASSESSMENT FOR STREET IMPROVEMENT NO. BA-61. Tabulation
of Assessment was presented at $17,085.67 to be levied against an assessable footage
of L,979,8 and 90 area lots. Proposed assessment of $90.00 for all lots in the district
and $8.63 per assessable foot for abutting lots was the same cost as the estimated cost.
Harris VanSomeren, 6128 Oaklawn Ave,,.stated that he considered that he was paying for
someone else's street. Mr. Hyde explained that property owners who lived close to
Valley View Road had never paid an assessment on Valley View and it was considered fair
that they pay a portion of one side street. VanValkenbupg then moved-that the proposed
Assessment for Street Improvement' No, BA-6L be approved as submitted.
seconded by Rixe and unanimously carried, (See Resolution Ordering Special Assessment
Later in Minutes . )
3. COUNCIL LEVIES SPECIAL ASSESSMENT FOR STREET IMPROVEMENT NO, BA-57. Tabulation of
Assessment was presented by Managel;, Hyde with an assessable cost of $8,514.80 to be
levied against fourteen assessable lots at an assessed cost per lot of $608.20.
cost per lot had been $810.38,
had been received prior thereto.
for Street Improvement No. BA-57 was seconded by MacPIillan and unanimously carried.
(See Resolution Ordering Special Assessment later in Ninutes.)
4, STREET IMPROVEMENT, NO, BA-58 ASSESSMEIJT LEVIED. Tabulation of Assessment was read -
at $5,422.64 total assessable cost to be assessed against eight lots at a cost of
$677.83 per lot.
registered from the floor and none had been received prior thereto.
approving proposed Special Assessment for Street Improvement No, BA-58 was seconded
by Rixe and unanimously carried. (See %solution Ordering Special Assessment later
in Ninutes . )
No objections were' registered from the floor and none had been received pFior
(See Resolution later in.
blotion was
Estimated
No objections were registered from the floor and none
Rixe's motion approving proposed Special Assessment
Estimated cost per Lot had been $901.62. No objections were
MacMillan's motion
5. STREET 114PROVEI4EWT NO. BA-59 ASSESSMENT LEVIED, Tabulation of Assessment was read
at $13,167,74 total assessable cost to be assessed against lb8O3.8 assessable feet at
a cost of $7.30 per assessable foot.
at $8.87.
prior thereto . VanValkenburg Is motion approving proposed Special Assessment for Street
Improvement No, B t59 'was seconded by Tupa and unanimously carried.
Ordering Special Assessment later in Minutes. )
6 . STREET IMPROVEMENT NO. BA-60 ASSESSMENT LEVIED. Tabulation of Assessment was read
by Mr, Hyde showing an assessable cost of $8,780.77 to be levied against 993.3 assessable
feet; $8,84 per foot was given as the cost as against $9.42 estimated cost. No persons
appeared to register objections and none had been received prior thereto, Tupa's motion
approving proposed Special Assessment for Street Improvement No. BA-60 was seconded by
fixe and carried unanimously,
Minutes . )
Estimated cost per assessable foot had been set
No persons were present to register objections and none had been seceived
(See Resolution
(See. Resolution Ordering Special Assessment later in
7, STREET ILIPROVENE1JT MO. BA-62 SPECIAL ASSESSI.IENT LEVIED. Tabulation of Assessment
read as follows: Total assessable cost, $7.,021.76 to be assessed against an assessable
footage of 1,128.9 at $6.22 per foot, as compared with the Improvement Hearing Estimate
of $9.14.
and Beard Avenue across from the park, asked how this property would be assessed.
locating property on 'the Vu-Graph, she was told that assessment would be levied for
frontage on Beard Avenue only, No objections were made at the Hearing and none had
been received prior thereto.
Assessment for Street Improvement No, BA-62 was seconded by Macblillan and unanimously
carried.
8. STREET IMPROVEkENT NO. BA-63 (INCLUDING STORM SEWER IN BENTON AVENUE) SPECIAL
ASSESSHENT LEVIED. Tabulation of Assessment was read as follows : Assessable cost for
Blacktop Curb and Gutter, $13,213171 and for Storm Sewer $2,012.96, making a total
assessable cost of $15,226.67 to be levied on 884,L assessable. feet for Blacktop Curb
and Gutter and 1,094.0 assessable feet for Blacktop Curb and Gutter and Storm Sewer.
Assessment cost is $6'68 per foot for Blacktop Curb and Gutter and $8,52 per foot for
Blacktop Curb and Gutter and Storm Sewer, as against an estimated cost of $9.60. No
persons appeared at Hearing to protest and no objections had been received prior thereto,
14acMillan' s motion approving assessment of Street Improvement No. BA-63 (including the
storm sewer in Benton Avenue) was seconded by Rixe and unanimously approved,
Resblution Ordering Special Assessment later in bfinutes , )
Ihs. Katter, representing Her son who owns property at the corner of 62nd .
After
Tupa's motion for approval of the proposed Special
(See ResoXution Ordering Special Assessment later in Minutes . )
(See
9 .
was read as follows: Total Assessable cost, $3,013,65 to be assessed as follows: Lot 1,
STREET It5PROVEMENT NO. BA-64 SPECIAL ASSESSMENT' LEVIED. Tabulation of Assessment -
Block 2, Richmond Hills, $400.04, Previous Assessments, $580.96, Total $981.00; Lot 16,
Block 2, Richmond Hills, $366,79, Previous Assessments, $614.21, Total $981.00;
Lot 5, Block 3, Richmond Hills, $521.27, Previous Assessments, $459 . 73 j Total $981.00 ;
Lot 6, Block 3, Richmond Hills (no previous'assessments) $981.00; Village Share, $744.55.
I
Estimated costs
Richmond Hills,
9 /7/65
as presented at Improvement Hearing were as follows:
$519*04; Lot 16, Block 2, Richmond Hills, $485.79; Lot 5, Block 3,
Lot 1, Block 2,
Richmond Hills $640.27; Lot 6, Block 3, Richmond Hills, $l,lOO.OO; Village Share,
$864.54.
thereto.
No. BA-64 was seconded by VanValkenburg and unanimously carried.
Ordering Special Assessment later in Minutes . )
10 . STBEET IbPROVEt-ENT NO. BA-65 SPECIAL ASSESSNENT LEVIED, Tabulation of Assessment
was read at an assessable cost of $9,937.98, 1065.2 assessable feet at $5.00 and 1,426.08
assessable feet at $3,22: No objections were filed at the Uearing and none had been
Tupa's motion approving proposed Special Assessment for' Street
Improvement No. BA-65 was seconded by MacMillan and' unanimously carried.
Resolution Ordering Special Assessment later in Hinutes . )
I&. STREET LI@ROVEHEMT HO. A-156 SPECIAL ASSESSHENT UVIED. Tabulation of Assessment
was presented with a total assessable cost of $31,180.31 Co be assessed against 4,925.8
assessable feet at' a cost of $6.33 per footr
Proposed Improvement had been given at $10.50 per foot.
the Hearing and none had been received prior thereto.
proposed Special- Assessment for Street Improvement No. A-156 was seconded by Rixe and.
unanimously carried.
No objections were filed at the Hearing, and none had been received prior
Tupa's motion approving proposed Special Assessment for Street Improvement
(See Resolution
. received prior thereto, I (See
Cost estimated at Public Hearing on
No objections were filed at
MacE.iillan's motion approving
(See Resolution Ordering Special Assessment later in Minutes. 1
12.
by Manager Hyde showing an assessable cost of $8,366.67 to be assessed against nine
WATERkIN ,240. 177 SPECIAL ASSESSlENT LEViEDi Tabulation of Assessment was read
lots at $929.63 per lot.
was $1,225.84 per lot.
2eceived prior thereto .
for Matemain No. 177 was seconded by Rixe and unanimously carried.
Ordering Special' Assessment later in tlinutes, )
Estimated cost presented at Piiblic Hearing Ordering Improvement
No persons were present to register objections and none had been
VanValkenburg's motion approving proposed Special Assessment
(See Resolution '
13.
Assessment was presented by LIr. Hyde at $20,205.70 assessable cost to be levied on
SPECIAL ASSESSL4EXTS APPROVED FOR LATERAL SANITARY SEIER NO. 209. 'kabulation of
10 lots at a cost of $2,020.57 per lot as against an estimated cost of $2,053.13 per .
lot.
thereto.
140. 209 was seconded by VanValkenburg and unanimously carried;
Special Assessment later in Minutes + )
14 . SPECIAL ASSESSMEHT APPROVED FOR LATERAL WATERHAIN NO, 182. Tabulation of Assessment
was presented by Wr. Hyde showing an assessable cost of $18,327.56 to be assessed'against
949.467$-square feet at a price agreed to be property owners at $0,019303 per square foot
as follows :
252,862 square feet, $4,881.00; Lot 3, Block 4, Southdale Acms, 89,925 square feet at
$1,735.87.
prior thereto.
Watermain No. 182 was seconded by Rixe and unanimously carried.
O*dering Special Assessment later in Minutes, )
15, SPECIAL ASSESSNE3iT APPROVED FOR SANITARY LATERAL SEWER NO. 215. Tabulation of
Assessment was presented by Hr. Hyde showing an assessable cost of $4,200.84 to be assessed
against Fairview Hospital at $2,100 . 42 and Southdale Nedical Building at $2,100 .'42.
No persons were present to register objections and none had been received prior thereto.
Tupa's motion approving proposed Special Assessment for Sanitary Later Sewer 110. 215 was
seconded by VanValkenburg and unanimously carried.
16. SANITARY LATERAL SEWER XO. 216 SPECIAL ASSESSI-ENT LEVIED. Tabulation of Assessment
was presented by Manager Hyde showing an assessable cost of $5,426.62 to be assessed
against Lot 1, Block 1, Southdale Acres.
at $7,669.05.
prior thereto.
Sewer No. 216 was seconded by VanValkenburg and unanimously carried.
17. SPECIAL ASSESSMENTS LEVIED FOR LATERAL SANITARY SEFER 219 AND LATERAL BATERMAIN 180,
These proposed assessments for improvements in Nhite Oaks were read as follows:
SMJITARY SEkER NO, 219 - $85,490.28 total assessable cost, proposed to be assessed
against 34 lots at $2,514.42 per lot as against $2,740;53 Improvement Hearing Estimate.
For LATERAL WATERMAIN NO. 180 - $10,444.30 total assessable cbst, to be assessed on ten
lots at $1,044,43 as against $1,101436 Improvement Hearing Estimate.
4711 Keadow Road, asked if the assessment could be spread for fifteen years rather than
ten years. "Xr. Dalen replied that the Village bond rate would riot be materially
affected if this were done.
water settling in the meadow near the lift station and was told by I.ianager Hyde that
attention would be given to this matter.
none had been received prior thereto.
for Lateral Sanitary Sewer No. 219 and Lateral Hatermain Ho. 180 as amended 30 be
assessed over a period of fifteen years was seconded by Llaci4illan and unanimously carried.
(See Resolution Ordering Special Assessments later in I.fintltes. )
18. SPECIAL' ASSESSMENT LEVIED FOR LATERAL SANITARY SEl'ER NO. 214. Proposed Tabulation
of Assessment was read by Mr. Hyde as $4,106.00, total assessable cost to be levied
.against five connections at $821.20 per connectionp as against $1,213.41 per connection
as estimated at Public Hearing Ordering Improvement,
Hearing and none had been received prior thereto,
No objections were registered from the floor and none had been received prior
Tupa' s motion approving proposed Special Assessment €or Lateral Sanitary Sewer
(See Resolution Ordering
I Fairviefl Hospital, 606,688 square feet, $11,710 . 69 ; Medical 'Building ,
No persons were present to register objections and none had been received
I.iacllillan's motion approving proposed Special Assessment for Lateral
(See Resolution
Estimated cost had been presented at Public Hearing
No persons were present to register objections and none had been received
Tupa's motion approving proposed Special Assessment for Sanitary Later2i.l
For
I Connor Schmidt,
bir, Schmidt then asked if something could be done to allevizte
No objections were filed at the Hearing and
VanValkenburg's motion approving Proposed Assessments
No objections were filed at the
MacMillan's motion for approval of
.
.I
9/7/65 c Special Assessment for Lateral Sanitary Sewer No. 214 was seconded by Tupa and
unanimously carried. (See Resolution Ordering Special Assessments later in Minutes. )
39.
Assessment was read by Mr. Hyde as $24,343.22 total assessable cost, to be assessed
LATERAL SANITARY SEWER NO, 213 SPECIAL ASSESSMENT APPROVED. T'abulation of
temporarily on 11 connections (with the possibility of two connections being added, )
Estimated cost per connection given at Public Hearing Ordering Improvement 'was $1,691.73.
No objections were filed at the Hearing and none had been received prior thereto. Rixe's
motion for approval of Special Assessment for Lateral Sanitary Sewer No. 213 was seconded
by VanValkenburg and'unanimously carried,
later in Minutes. )
WATERMAIN NO. 81,) Tabulation of Assessment was read by Mr. Hyde as follows: $18,857.08
total construction cost, plus $1,061.28 for connection to Watermain Trunk 81, totaling
$19,918.36 assessable cost, .This assessment is temporarily figured on 22 connections
at a cost of $857,14 per connection, plus connection to Trunk Watermain 81. Estimated
cost had been quoted at $932.30 per connection.
and none had been received prior thereto . Tupa's motion approving Special Assessment
for Lateral Watermain No, 181 (Connection Charge to Watermain No. 81) was seconded by
Rixe and unanimously carried.
in Minutes.)
d2l. TRUNK kIATERMAIN NO. 179 - SECTION 1. * SPECIAL ASSESSMENT APPROVED, Tabulation
of Assessment was read by Mr. Hyde as assessablercost of $77,281.07 to be assessed on
6,522,710 square feet at $0,011848 per square foot as against an estimated cost of
$0.011348,
received prior thereto, VanValkenburg's motion for approval of Special Assessment
for Trunk Watermain No, 179, Section 3, was seconded by Rixe and unanimously carried.
(See Resolution Ordering Special Assessment later in Minutes.)
Assessment'was read by 14r, Hyde at $24,469.00 total assessable cost, to be assessed
on 3,470,780 square feet at the rate of $0.00705 per square foot. No protests were
made at the meeting and no protests had been presented prior thereto.
notion for approval of Special Assessment for Lift Station No. LS-5 (C-2 Trunk) was
seconded by VanValkenburg and unanimously carried.
Assessment later in Minutes , )
LATERAL AND LIFT STATION.) Tabulation of Assessment was read as follows: Total
construction cost for trunk and Laterals, $519,711.60; assessed cost per lot for trunk
was given at $199.20 to be levied on 2,198 lots; assessed cost per connection for
Laterals was $750.00 per lot to be levied on 80 lots; $7.50 per front foot for
laterals, to be levied on 2,916 assessable front feet.
Improvement Hearing was $285.00 per 3ot for trunk, $750.00 per connection for laterals,
$7.50.per front foot for laterals (other than residential). A gentleman who stated
that he owned an undeveloped lot onMark Terrace asked when lateral sewer and water
would be available and was told that dates are very indefinite ,; pending development
of land to the south 'owned by Evert Carlson which has been in estate,
5919 Dewey Hill Road, questioned why he was assessed for 22 building lots when so much
of his property has water on it, He was told that storm sewer outlets would be coming
in and that this would give him the 22 assessed lots.
Hill Road, questioned whether or not the original plan regarding assewsment of the park
had been changed and was told that it' had not been.
the location of the sewer and was told that it goes along the north edge of Braemar
Park and goes in on Dewey Hill Road.
service and had understood that a lift station would be necessary if service were to
he could be served by gravity.
why they were charged for lateral service connection-when their home is back 300 feet.
off Dewey Hill Road.
sub-diviaed and that this provi'ded for that eventuality,' A gentleman in the audience
questioned whethkr, a :fowt, €oot sdide walkiqay for pedestrians and bicycle traffic would
be provided as had been discussed at one point, 14r. Hyde stated that he did not recall
such discussion and that if the traffic is intensified something might be done.
gentleman in the audience asked how assessments would be affected in the event that
Eden Prairie connected with the sewer. Mr. Hyde replied that any amounts received
would be credited to the last assessment, . Special' Assessment for Sanitary Sewer Improvement No, 210 (C-2) (trunk , lateral and
lift station) I) Motion was seconded by Rixe and unanimously carried.
Ordering Special' Assessment later in I4inutes . )
SPECIAL ASSESSIEMT APPROVED FOR SANITARY LATERAL SEWER NO. 217 (LIFT STATIOI?
DISTRICT).
assessable'cost of $136,972.20 to be assessed against 43 lots at $3,185.40 per lot as
against estimate of $3,258.16,
registered prior thereto .
Lateral Sewer No, 217 (Lift Station Distzict) was seconded by Rixe and unanimously
carried. (See Resolution Ordering Special Assessment later in Iilinutes . )
SPECIAL ASSESSMEXT APPROVED FOR SANITARY LATERAL SEWER NO. 218 (GRAVITY DISTRICT) .
Tabulation of Assessment was presented by Mr. Hyde showing an assessable cost of
s48'313*44 '0 be assessed on 18 lots at $2,684.08 per lot as against an estimated Cost
(See Resolution Ordering Special Assessments
520 . LATERAL WATERMAIN NO. 181 SPECIAL ASSESSNENTS APPROVED (CONNECTIOH CHARGE TO '
No objections were heard at the Hearing
(See Resolution Approving Special Assessments later
No persons appeared at the Hearing to object and no objections had been
* 22, LIFT STATION NO. LS-5 (TRUNK C-2) SPECIAL ASSESSlilENT APPROVED. Tabulation of
Mac14illan1s
(See Resolution Ordering Special
J 23, SPECIAL ASSESSlIEIJT APPROVED FOR SANITARY SEWER JMPROVEWENT NO. 210 (C-2) (TRUNK,
Estimated costs at time of
Merrill Gunderson,
Gordon Schuster, 5809 Dewey
A gentleman in the audience asked '
He then stated that he was interested inuobtaining
He was reassured by Mr. Hyde that his property is high enough so that
filrs. Vernon L. 'Norgren, 6-09 Dewey Hill Road, questioned
' be provided,
She' was told by the -Hyde that the land would- someday be
Another
,
VahValkenburg then moved approval. of
(See Resolution
~24.
Tabulation of Assessment was presented by Nanager Hyde with a total
No persons appeared to protest and no protests had been
MacMillan' s motion approving Special Assessment for Sanitary
~25.
c 9/7/65
presented at Improvement Hearing of $2;555.84. Ihlayor Bredesen stated that a letter had
been received from D. E. Balch, 4909 Bywood West, in rqhich he questioned assessment pro-
cedures.
sewer and asked if water pipes could be put in the lawns so that the streets would not
be disturbed. I4r. Hyde stated that the main could be put in the boulevard section and
that the streets would be tapped as little as possible.
Special Assessment for Sanitary Lateral Sewer No . 218 (Gravity District) was seconded
by Rixe and un&imously carried, (See Resolution Ordering Special Assessment later in
Hinutes. )
26, SPECIAL ASSESSHEBTS APPROVED FOR LIFT STATION NO. LS-4. Tabulation of Assessment
was pwgainst 53 lots at a rate'
of $522.88 per lot.
Price, 4908 Rolling Green Parkway, had requested his service go through the gravity area
rather than the lift area, t-lr. Hyde stated that technical1y"it would be more suitable
as well as less expensive, to go into the lift area.
Assessment €or Lift Station No. LS-4 was *seconded by Mactlillan and unanimously camied.
(See Xes&lution Ordering Special Assessment later in Minutes. )
27. STOH4 SEWER NO. 80 SPECIAL ASSESSMENT. APPROVED, Tabulation of Assessment was
presented by Mr. Hyde who stated that the assessable cost was $20,208.81 to be assessed
on 2,252.180 square feet at $0.008973 per square foot, as against $245.59 per lot as
had been estimated.
relative to Sanitary Sewer No. 218 also questioned assessment procedures for this
improvement.
Assessment for Stom Sewer No. 80 was seconded by MacMillan and unanimously carried.
(See Resolution Ordering Special Assessment later in Minutes. )
28. SPECIAL ASSESSI4ENT FOR SANITARY LATERAL SEKER NO, 226 COlJTINUED. Tabulation of
Assessment was presented by Elr. Hyde who gave the cost of $5,121.33 to be assessed on
3 lots at $1,707.11 per lot.
presented a Declaration executed by Mr. and Mrs, Robert \la Carlson, 4904 bferilane, in
which they agreed that *no more than one single famiLy residence will be built at any
time on Lots 5 and 6, Block 1, Carlson's Park for a period of thirty (30) years.
Declaration further states that if property is subdivided at any time after December 31,
1975 , the Village may release these restrictions upon payment of $1,707.11, plus interest
at 5% per annum from September 7, 1965, to December 31, 1975.
continue Special Assessment Hearing for Sanitary Lateral Sewer No. 226 until October 4
in order that assessment would be distributed was seconded by Rixe and unanimously
carried .
29. SPECIAL- ASSESSPIENT FOR LATERAL #AXERNAXN NO, 183 AND SANITARY SEI.IER NO. 220
-APPROVED.
No. 220 were held simultaneously. Tabulation of Assessment for Watermain No. 183 was
presented as follows: Assessable cost, $8,765.68 to be assessed on 14 connections at
$626;12 as against estimated cost of $668.76. Tabulation of Assessment for Sanitary'
b1rs. G. 1.1. Stenson, Sr. , 48Ll Bywood West, expressed satisfaction with the'
- VanValkenburg's motion approving
Estimated cost was $442,07 per lot, Efr, Hyde stated that blr. Robert
Tupa's motion approving Special
1-layor Bredesen stated that the letter received from D. E. Balch,
No persons were present to protest and Tupa's"motion for approval of Special
Estimated cost had been $1,681.32 per lot. Nr, Hyde
T4acMillanfs motion to .
Special Assessment Hearing for Lateral Watermain No. 183 and Sanitary Sewer
I
I
Lateral Sewer iio. 220 was presented as follows:
on 14 connections at $1,113.58 as against estimated cost of $1,166.46. Charles Cox,
representing Harold Kenney, owner of 2,8 unplatted acres south of 17. 66th St. and west
of Tingdale (Parcel 3500) requested deferment of assessment until action pending to
update a deed limiting the property to construction of one residence could be resolved.
Kr. Cox stated that if the deed is updated, property will be platted into six lots and
the property is being assessed for two connections,
was determined that one connection charge be levied now, one would be deferred and the
balance would be levied when the property is platted.
at the meeting and no protests had been presented prior thereto.
for approval of Special Assessment for Watermain No. 183 and Sanitary Sewer No. 220 was
seconded by Tupa and unanimously carried,
later in Minutes . )
30. SPECIAL ASSESSHENT FOR LATERAL \7ATEF@lALN NO. 185 APPROVED. Tabulation of Assessment
was read by Mr. Hyde as $22,919.47 to be assessed on 942,800 square feet at $0.02431
per square foot as against estimated cost of $0.0262 per square foot. No protests were
made at the meeting and no protests had been presented prior thereto. Tupa's motion
€or approval of Special Assessment for Lateral Watermain No. 185 was seconded by Rixe
and unanimously carried.
31, SPECIAL ASSESSLENT FOR LATERAL SANITARY SEVER NO. 222 APPROVED. Tabulation of
Assessment was read by Inir. Hyde as $55,676.08 to be assessed on 2,550,439 square feet
at $0.02183 per square foot as against estimated cost of $0.0224 per square ;Foot*. No
persons were present to protest and no protests had been presented prior thereto. Rixe's
motion for approval of Special Assessment: for Lateral Sanitary Sewer Ho. 222 was seconded
by VanValkenburg and unanimously carried.
later in Minutes . )
32. SPECIAL ASSESSMENT FOR 17ATERI.IAZN NO. 186 (LATERAL AND DISTRICT) APPROVED.' Tabulation
of asse'ssment was read as follows: Lateral Watermain: Assessable cost $32,817.28 to
be assessed on 47 connections at $698.24, as against estimated cost of $834.89.
Waterma-in:' Assessable cost, $3,122.80 to be assessed on -74 connections at $42.20 per
connection. 140 objections were registered from the floor and none had been presented
prior thereto,
No. 186 (Lateral and District) was seconded by Rixe and unanimously carried.
Resolution Ordering Special Assessment later in Mhrtes . )
Assessable cost, $15,590.12, to be assessed
After considerable discussion it
No other protests were registered .
14aci.lillan's motion
(See Resolution Ordering Special *Assessment
(See Resolution Ordering Special. Assessment later in Minutes. I
(See Resolution Ordering Special Assessment
District
VanValkenburg's motion for approvd of Special Assessment for Watermain
(See
. I-
9/7/65
33,
was given at $3,18v0r80 to be Levied on 7 connections at $Q54.40 as against estimated
cost of $540.32,
been registered prior thereto, Rixe's motion for approval of Special Assessment for
Lateral Watermain No, ' 187 was seconded by VanValkenbmg and unanimously carried.
Resolution Ordering Special Assessment later in 14inutes . )
LATERAL WATERMAIN NO, 187 SPECIAL ASSESSMENT APPROVED, Tabulation of Assessment:
No persons appeared to protest at the meeting and no protests had
(See
34,
of Assessmen$.was given by 14r. Hyde as foLl?ws: Lateral Sanitary Sewer: $47,145,00 to
be levied on 21 connections at $2,245.00 as: aga'inst .estimated cost of $2,000,00.
Sani$& Sewer:
estimated cost of $355.30.
had been registered prior thereto,
for Lateral Watermain No, 211 (Laterals & District) was seconded by Rixe and unanimously
S,ANITARY. SEWER NO, 211 (LATERALS & DISTRICT) SPECIAL ASSESSiENT APPROVED. Tabulation
District
$11,585.50, to be levied on 29 connections at $399,50 as against an
No persons appeared at the meeting to protest and no protests
I4acMillan's motion for approval of Special Assessment
carried, (See Resolution Ordering Special Assessment later in Minutes, }
35. LATERAL WATERMAIN NO, 188 SPECIAL ASSESSMENT APPROVED, Tabulation of Assessment
was gKn at cost of $11,461.32 to be levied against 12 connections at $955.11 per
connection. I?o persons protested at the
meeting and no protests had been registered prior thereto. Macflilkan's motion was,
seconded by Rixe for approyal of Special Assessment for Lateral Watermain No. 188 and
unanimously carried,
36. -CY. LATERAL SEWER NO, 224 SPECIAL ASSESSMENT APPROVED. Tabulation of
Assessment was presented by Fir. Hyde showing a cost of $4,691.40 to be Levied against
six connections at $781.90 per connection as against estimated,cost of $740.91.
unidentified gentleman in the audience asked what Work Order #531 covered.
discussion, it was determined that this work should not Be charged against the
improvement and so was ordered removed,
Special Assessments for Sanitary Lateral Sewer No. 224 as amended.was seconded by Rixe
and unanimously carried,
Estimated cost had been given as $l,L8O674.
(See Resolution Ordering Special Assessment later in Minutes. 1
An
AFter some
VanValkenburg's motion approving Proposed
(See Resolution Adopting Amended Assessment later in 14inutes, )
37,
given by Mr, Hyde as $108,917,94 to be assessed as follows:
STOiU4, SEWER NO, 84 SPECIAL ASSESSMENT APPROVED. Tabulation of Assessment was
Area*ftA" - $0.0481 per
square foot (804,879 square feet); Area T3'' - $0,0287 per square foot (994,945 square
feet) ; Area "C" - $0,03843 per square foot (932,550 square feet) ; Area "D" - $0101 per
square foot (583,036 square feet) Estimate of cost had been presented at Improvement
Hearing as follows:
square foot; Area ''C" - $0.037995 per squwe foot; Area "D" - $0,01966 per square foot.
Robert Jacobs, 6321 Varren Ave. , requested Council to reconsider the assessment of the
properties on Warren Avenue between W. 63rd and W, 64th Streets on the basis that those
properties are not benefitted by construction of the korm sewer and contends that as
a result of receiving no benefit , Minnesota Statutes prohibit such assessment , Manager
Hyde and Mayor Bredesen explained the general benefits such as improved streets and
parks, derived from such improvements.
he lives across the street from Mr, Jacobs and asked the opinion of Mr, Spencep
relative to this matter,
buf concurred with opinions stated by Mr, Hyde and Mayor Bredesen.
stated that it was not the opinion of the Council that they are acting illegally,
VanValkenburg then moved that Council approve the Specdal Assessment for Stom Sewer
No, 84, Motion seconded by MacMillan a d unanimously carried, (See Resolution Ordering
Area "A" - $0,04ll7 per square foot; Area "E'! - $0,02804 per
Gerald Floren, 6316 Warren Ave, , stated that
Mr, Spencer replied that he had not issued a written ruling,
Trustee VanValkenburg
Special Assessment later in IYIinutes, ) LA& /D c 4-65. p-ya 23
38, SPECI,.& ASSESSflENT APPROVED FOR SANITARY LATERAL SEFJER HO. 212 AND GRADING AND
GRAVELING NO,. C-87,
Lateral Sewer No. 212 and Grading and Graveling Improvement No. C-87, Tabulation
of Assessment was given as follows: Sanitary Lateral Sewer IJo. 212: Assessable cost,
$5,729.26, to be levied on 3.9 lots at $301,54 per connection as against estimated cost
of $402.02 per connection, Grading and Graveling No, C-87: Assessable cost, $13,017.40,
to be levied against 1,220 assessable feet at $10.67 per foot, as against $8,41 estimated
cost per assessable foot, No objections were heard at Hearing and none had been received
prior thereto.
Sewer No. 212 and Grading and Graveling No, (2-87 was seconded by VanValkenburg and unani-
mously carried, (See Resolution Ordering Special Assessment later in Minutes.)
Special Assessment Hewings were held concurrently for Sanitary
Tupa's motion for approval of Special Assessment for Sanitary Lateral
39, Tabulation of Assessment was
presented by Manager Hyde at $6,405,60 cost of original construckion, which had been
k-ASSESSIEItT OF SANIXARY SEWER NO, -135 APPROVED.
levied against six lots at $1,067.60 each, Using Sanitary Later Sewer 1'1212 (Parkside
Lane) as an average cost of Laterals in the District, the six lots on Division Street
have been re-assessed at $301,54 per lot, This would leave a balance of $4,596.36 to
be spread over the 45 lots in the district at $l02,14 per lot.
that this sewer was installed on Division Street at a relatively high cost to property
owners served, because of the fact that it served only the Long side of lots, and the
properties wanted sewer service without waiting for the former Cleveland Avenue
properties to develop. Neal Parnelius, 4505 Vandervork Avenue, stated that he bought
his house in 1961 and part of the price of his home Was the complete cost of the sewer
and that the Village had given his real estate company a bonded release that the sewer
was paid for.
and not to the other parts of the sewer system, W, H. Ten Broek, 4533 Vandervork Avenue,
asked why these lots had not been assessed originally, and was told that at that time
Cleveland Avenue was not cut through,
have been spread as a direct charge when the Division S2reet line was put in,
L4r. Hyde explained
14r. Iiyde stated that that applied only to the sewer on Vandervork Avenue
Mr, Hyde stated that technically the cost should
9/7/65
R. R. Leonard, 4540 Vandervork Avenue,
the property owners on Vandervork have
Vandervork, stated that he had written
stated that the Village Attorney had stated that
a logical protest. Richard J. Daly, 4516
for his assessments and nothing hadbeen said
about this additional amount.
not been assessed at the time the sewer had been installed because the work had been
done by a private contractor and no assessment was involved.
if the sewer had been assessed at the time of installation, the additional coat would
have been added to their houses.
in the Statute for deferring an assessment such as this.
gentleman in the audience. that in the future if this type of problem comes up, it should
be so indicated on the record of each individual piece of property so that anyone
searching the title would be aware of it.* Manager Hyde stated that the Village did
attempt to do this. Mr. Hyde stated that perhaps the park should not get the benefit
of the creditr Mayor Bredesen suggested that the assessment on the three park lots
be kept at $1,067.60 each, which would lower the district from $4,596.36 to $2,298.18
and reduce fhe number of lots in the district &om 45 to 41, This would reduce the
district charge to $54.72, VanValkenburg's motion approving Special Assessment €or
Lateral Patemah No. 180 as amended was seconded by Maclilillan and unanimously carried.
(See Resolution Adopting Amended Assessment later in Minutes,)
offered the following Resolution and moved its adoption:
Mayor Bredesen stated that- this vacant-property had
Mr. Hyde stated that
Attorney Spencer stated. that there are several provisions
It was suggested by a
I I
VanValkenburg then
RESOLUTION ADOPTING AND CONFIFUING ASSESSEENTS FOR
WATERMAIN NUMBERS 177, 182, 181, 179 (SECTION l), L83, 185, 186, 187,
188; STREET IMPROVEMENT NUMBERS A-157, BA-61, BA-57, BA-58, BA-59, BA-60 & BA-62,
BA-63, BA-64, BA-65, A-156, (2-87; SANITARY SENER NUMBERS 209, 215, 216, 214, 213,
210 ((2-21, 217, 218, 220, 222, 211, 232; LIFT STATION NUMBERS LS-5 AND LS-4;
STORM SEWER NUNBERS 80 AND 84; RE-ASSESSMENT OF SANITARY SEWER NUMBER 135
AS AEENDED; AND AMENDED ASSESSIENT FOR SANITARY SENER NUMBERS 219,
224 AND WATERMAIN NUMBER 180 =
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows:
1. It is hereby found; determined and declared that theiproposed assessments for
Watermain Improvements Nos. 177, 182, 181, 179 (Section 11, 183, 185, 386, 187, 188;
Street Improvements Nos. A-157, BA-61, BA-57, BA-58, BA-59, BAd60, -BA-62, BA-63, BA-64,
BA-65, A-156, C-87; Sanitary Sewers Nos. 209, 215, 216, 214, 213, 210 (C-21, 217, 218,
220, 222, 211 and 212; Lift Station NOS, LS-5 and LS-4 and Storm Sewer Improvements
Nos. 80 and 84 and the proposed Re-Assessment of Sanitary Sewer No. 135, and each of them
have been calculated in accordance with the provisions of Minnesota Statutes, Sections
429.051 and 429.061; that notice has been duly published and mailed, as required by law,
that this Council would meet to hear and pass upon all objections, if any, to amend said
proposed assessments as might be necessary, and to adopt the same by resolution; that
said proposed assessments have a11 times since their filing been open for public inspection,
opportunity has been given to all interested persons to present their objections; and
that each of the lots, pieces and parcels of land enumerated in the respective assessments
was and is specially benefitted by the construction of the improvement for which such
assessment is levied in the amount set opposite the description of each such lot, piece
and parcel of land, respectively,
and parcels of land described in said respective assessments, and said proposed
assessments are hereby adopted and confirmed as the.proper special assessments for said
improvements respectively. The assessment against each lot, tract or parcel, together
with the interest accruing on the full amount thereof from time to time unpaid, at the
rate of five per cent per annum from the date of this resolution, shall be a lien
concurrent with general taxes upon the property described therein and all thereof.
3. The total amount of each such assessment for STBET IMPROVEMENTS NOS. A-156 and
A-157 shall be payable in equal annual installments extending over a period of five years,
the first of said installments, together with interest on the entire assessment from the
date hereof ta December 31, 1966, to be payable with the general taxes for the year 1965,
and one of the remaining installments, with one year's interest on that and all subsequent
installments, to be payable with general taxes for the years 1966 through 1970,- collectible
in the respective ensuing years.
I
2, The amounts so set out are hereby levied against the respective lots, pieces
4. The total amount of each such assessment for STREET IMPPOVElGNTS NOS. BA-57,'
BA-58, BA-59, BA-60, BA-61, BA-62, BA-63, BA-64 and BA-65; WATERMAIN IMPROVEMENTS I NOS. 177, 182, 181, 183, 185, 186 (Lateral and District), 187, 188; SANITARY SEWER
II@ROVENENTS NOS, 209, 215, 216, 214, 213, 210 (Lateral), 217, 218 (Gravity District),
226, 220, 222, 211 (Lateral and District) , 212;. LIFT STATIONS NOS. LS-5 ((2-2 TRUNK) AND
LS-4; STORM SEWER IMPROVEHENTS NOS, 80 and 84 shall be payable in equal annual installments
extending over a period of 10 years, the first of said installments, together with interest
on the entire assessment fromthe date hereof to December 31, 1966, to be payable with
the general taxes for the year 1965, and one of the remaining installments, with one
year's interest on that and a11 subsequent installments, to be payable with general
taxes for the years 1966 through 1975, collectible in the respective ensuing years.
5. The total amount of each such assessment for SANITARY SEWER NO, 210 (C-2 TRUNK)
and WATERMAIN NO. 179 (SECTION 1) shall'be payable in equal annual installments
extending over a period of 20 years, the first of said installments, ?ogether with
interest on the entire assessment from the date hereof to December 31, 1966, to be
payable with the general taxes for the year 3965, and one of the remaining installments,
with one year's interest on that and all subsequent installments, to be payable with
general taxes for the years 1966 through 1985, collectible in the respective ensuing
years .
AND BE IT FURTHER RESOLVED AS FOLLOWS:
NO. 219 and LATERAL WATEkMAIN-NO. 180 shall be gayable in equal annual installments
extending over a period of 15 years, the* first of said' instal@ents, together with
interest on the entire assessment from the date hereof to December 31, 1966, to be
payable with the general taxes for the year 1965, and one of the remaining installments,
with one years interest on that and all subsequent installments, to be payable with
general taxes for the years 1966 through 1980, collectible in the respective ensuing
years b
shall be payable in equal annual installments extending over a period of LO years, the
first of said installments, together'with interest on the entire assessment from the
date hereof to December 31, 1966, to be payable with general taxes for the year 1965,
and one of the remaining installments, with one year's interest on that and all
subsequent installments, to be payable with'general taxes for the years 1966 through
1975, collectible in the respective ensuing years,
AND BE IT FURTHER RESOLVED AS FOLLOWS:
The total amount of re-assessment as amended for SANITARY SEWER NO. 135 shall
be payable in equal annual; ntnstallments extending over a period of 10 years, the first
of said installments, together with interest on the entire assessment €rom the date
hereof to December 31, 1966, to be paya6le with the general taxes for the year 1965,
and one of the remaining installments, with one year's interest on that and all
subsequent installments, to be payable with the general taxes for the years 1966
through 1975, collectible in the respective ensuing years.
1. The .Total amoyt, of assessment, as amended, for LATERAL SANITARY SEWER
2, The total amount of assessment as amended for SANITARY LATERAL SEWER NO. 224
3.
Motion for adoption of the Resolution was
were five ayes and no nays and the
Mayor
ATTEST :
Village Clerk
PARKLAWN AVENUE EXTENSION SANITARY SEWER AND WATERMAIN ORDERED ON LOO% PETITION.
Mr. Hyde presented petitions from the owners of Tract d, R.L.S. 990, representing
100% ofthe abutting properties, requesting the installation of sanitary sewer and
watermain extension in the extension of Parklawn Avenue between West 76th and W. 77th
Streets. VanValkenburg then offered the
following Resolution and moved its adoption:
No discussion was offered on the matter,
RESOLUTION ORDERING SANITARY SEER
IMPROVEMENT NO. 241 AND WATERMAIN IMPROVEMENT NO. 205
UPON PETITION THEREFOR
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows:
the Council to construct a SANITARY SEWER AND LATERAL WATERMAIN AND APPURTENANCES IN
THE FOLLOWING:
1, It is hereby found and determined that petition has been €iled requesting
On an extension of Parklawn A-v'enae'between W, 76th and W. 77th Streets.,
and to assess the entire cost against the property of petitioneps, and that said
t 2, The making of said improvement in accordance' with said petition is hereby
.
petition has been signed by all owners of real property abutting on the street where
said improvement'is to be located.
ordered pursuant to Minnesota Statutes, Section 429.031 (3) , (Session Laws of 1961)
referred to in all subsequent proceedings as SANITARY SEWER IMPROVEMENT NO. 241 and
WATERMAIN IMPROVEMENT NO, 205.
to be assessed against the properties abutting on the streets where said improvement
is to be located.
Motion for adoption was seconded by MacMil
no nays and the Resalution was adopted.
ATTEST :
The entire cost of said improvements is hereby ordered
Rollcall there were five ayes and '
I98 J 9/7/65
ORDINANCE NO. 261-117 OFFERED FOR FIRST READING. Pursuant to Affidavits of Mailing,
Publication and Posting by Clerk, MacMillan offered the following proposed Ordinance
for first reading: . Y
ORDINANCE NO. 261mU.7
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF
THE VILLAGE OF EDINA AS TO THE MINIkiUM BUILDING
AREA IN THE PLANNED INDUSTRIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA. ORDAINS:
Section 1. Subsubparagzsph (2) of subparagraph (b) of paragraph 6 of Section 12
(Planned Industrial District) of the Zoning Ordinance (No. 261) of the Village as
amended, is hereby further amended to read as follows:
Each individual building shall have a gross floor area
(not including basements) of not less than 10,000 square feet when designed for
multi-tenants .I1
"(2) Building Arear I Sec. 2. This ordinance shall be in effect upon its passage and publication.
ORDINANCE NO. 261-118 ADOPTED BY COUNCIL. Mr. Fredlund explained with the aid of the
Vu-Graph that Planning Commission had recommended approval of the re-zoning of Lots 16
and 17, Block 7, Brookside Heights to R-2 District.
requested lot area variance from 18,000 square feet to 13,000 square feet, as the
proposed double dwelling will encompass two buildable single-family lots.
building on the property at 5126 Oxford Ave. will be razed.
property constitutes low cost rental housing not in keeping with the character of the
neighborhood.
seconded by ~14acMillan and unanimously carried. Waiving Second Reading, VanValkeliburg
then offered Ordinance No. 261-118 and moved its adoption:
Petitioner, Larry Dardis also
Existing
l-lmtin O'Brien, 5125 Oxford
Ave. , stated that neighbors endorse this change because they feel that the present J
VanValkenburg moved for approval of the variance, which motion was
ORDINANCE NO. 261-118
AN ORDINANCE AE.IENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF BDINA,
ESTABLISHING ADDITIONAL R-2 MULTIPLE
RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINAS NINNESOTA, ORDAINS:
Section lr Paragraph I, Multiple Residence District Boundaries, of Section 4,
(liiultiple Residence District) of Ordinance No. 261 of revised ordinances of the Village
of Edina, as amended, is hereby further amended by adding the following sub-paragraph: I District R-2:
"(9)
Section 2.
Lots Sixteen (16) and Seventeen (171, Block Seven (7), Brookside Heights"
This ordinance shall be in effect immediately upon its passage and
publication.
Notion for adoption of the ordinance was seconded by
ahd the 3zdiiiahhe was adopted.
and on Rollcall all voted aye
n
LEO LEGROS GWED SIDE YARD VARIANCE.
6016 Beard Avenue, for extension of his garage to 3.8 feet from the north property line.
Mr. Fredlund presented request of Leo LeGros,
-- Owner of property to the north was agreeable and Tupa's motion for variance approval
was seconded by MacliIillan and unanimously carried.
CONTRACT AWARDED FOR SANITARY SEkZRS NO. 236 AND 241, WATERMAIN NO. 205 AND STORM
SEWER NO. 85.
and the Construction Bulletin on August 26 and September 2, 1965, tabulation of four
Grand Total Tied Bids for Sanitary Sewers Nor 236 and 241, Watermain No. 205 and
Storm Sewer No. 85 weice as follows:
$30,644.80; Union Central Contracting, Inc. , was second ;low at $31,296.50 , Phelps-Drake
Company, Inc. was third low at $37,557.45; and Coburn-Meek, Inc. was high at $41,595.00.
Engineers estimate had been $30,969.00.
bidder, Peter Lametti Construction Company, was seconded by Tupa and unanimously
In response to Advertisement for Bids in the Edina-Morningside Courier
Peter Lametti Con'struction Company was low at
fixe's motion awarding to reconmended low
I carried.
CONTRACT AWARDED FOR FAIRVIEI.7 HOSPITAL SIDEWALK.
permission to waive formality of advertising for bids because of the necessity of
&Ira Hyde requested Council's
getting work done quickly,
Crown Sidewalk was low bidder at $2,438*00, Victor Carlson & Sons, Inc. , second low at
$2,475.00 and Arnold Beckman was high at $2,666.00.
formality of advertisement for bids, for award to recommended low bidder, Crown
Sidewalk, was seconded by Rixe and unanimously carried.
Tabulation of bids received on September 3 were a> follows:
! VanValkenburg's motion, waiving
9/7/65 (199
/ ~ ' , . . ,.,..... , . .. .. , ,
DAKOTA CIRCLE NAME TO BE CHANGED TO "SHAWNEE CIRCLE,"
Charles Winslow, 6509 Dakota Circle and *Jack .Liemandt, also of Dakota Circle, stating
Requests signed by Mr, and Mrs.
that they owned-all of the property which faced onGDakota Circle, were presented,
requesting that Dakota Circle be changed to "Shawnee Circle."
MacMillan offered the following Ordinance and moved its adoption:
IJaiving Second Reading,
ORDINANCE NO. 164032
AN ORDINANCE AMENDING VILLAGE OF EDINA ORDINANCE
NO, 164 ENTITLED 'lAN ORDINANCE NAMSNG AND RENAMING
CERTAIN ROADS, STREETS AND AVENUE9 OF THE VILLAGE
OF EDINA
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
amended by adding after Section 47 the following:
of Deeds of Hennepin County, is hereby renamed Shawnee Circile.tt
publicat ion.
Motion for adoption of the Ordinance was secon
aye and the Ordinance was adopted.
Section 1.
"Section 48,
Section. 2,
Ordinance No. 164 of-the Village, as amended, is hereby further
Dakota Circle as the same is of record in the office of the Register
This Ordinance.shal1 be in effect from and after its passage and
Tupa and on Rollcall a11 voted
ERNST, E ERNST GRANTED REQUEST FOR APPOINTMENT AS AUDITORS FOR 1966.
request of Ernst E Ernst to be re-appointed as auditors for the Village for 1966,
MacMillan's motion for approval of the appointment was seconded by Tupa and unanimously
carried,
Upon receipt of
BEER LICENSES APPROVED. License application of Kermit B. Renslow, 5018 France Ave. for
Off-sale Beer and of Edina Bowling, Inc,, 5030 France Ave. , for On-sale Beer License
were approved by motion of VanValkenburg, seconded by Rixe and unanimously carried.
PETITIONS ACCEPTED,
Engineers for programming by motion of Tupa, seconded by Rixe and carried.
Curb and Gutter - Valley View Road between Normandale Road and W. 62nd Street
The following petitions were accepted and ordered filed with the
. 1,
2. Storm Sewer - Circle West
3, Oiling: 6000 Block of Virginia Avenue
Kaymar Drive
ROBERTS AUTOMATIC PRODUCTS PLANS APPROVED.
Automatic Products which will be located in the Normandale Center west of the United
Mailing, Planning Commission has recommended approval. MacMillan's motion for approval
was seconded by Tupa and unanimousLy carried,
Mr. Fredlund presented plans of Roberts
AGEEMENT WITH NINE MILE WATERSHED DISTRICT APPROVED RELATIVE TO FABRI-TEK SANITARY
SEWER CROSSING, Mr, Hyde read a letter from the Nine Mile Creek Watershed District
which asked that the following conditions be met in connection with construction of
a sanitary sewer to serve the Fabri-Tek Building.
when requested by the Managers, be abandoned at the expense of the Village of Edina
at such time as a project is undertaken for the improvement of the channel of Nine
Mile Creek,
2,
trunk sewer line is constructed to collect the sewage from the area where the Fabri-Tek
Building is located,
line.
VanValkenburg moved that such an agreement be executed on the condition that such
approvals are received in writing from Fabri-Tek,
and unanimously carried.
1. The temporary sanitary sewer Grossing to serve Fabri-Tek Building would,
The temporary sanitary sewer crossing would be abandoned at such timecas a
The owner would be required to connect to the new interceptor
Motion was seconded by MacMillan
EDEN PRAIRIE REQUEST TO CONNECT WITH SANITARY TRUNK SEWER C-2 REPORTED.
stated that he had been contacted by the Eden Prairie Engineer requesting permission
for Eden Prairie to connect to Sanitary Trunk Sewer C-2,
Engineer that there had been no written proposal from Eden Prairie Council, and that
such a request should be taken up through a formal proposall Mr, Hyde further stated
that he thought it would be wise to explore the type of zoning Eden Prairie had along
County Road 18 near Highway 169,
HOPKINS CONNECTION TO SANITARY SEWER NO, C-l; APPROVED. Mr. Hyde reported on a
meeting that he attended with Mayor Bredesen, Mayor Hanley and Mr, Brubacher,
meeting, Hopkins stated that they would like a bilateral ten-year contpact to be
renewable for five year periods with the right to cancel on two-year's notice.
agreement would give both Edina and Hopkins the right to cancel any contract,
VanValkenburg's motion permitting Mr. Hyde to negotiate an agreement of this type
was seconded by MacMillan and unanimously carried.
Mr, Hyde
Mr, Hyde informed the
At this
This
200 / ... T 9 /7165
MiCHAEL $IC 'ELLIGOTT SUIT FILED FOR $50,000. Mr. Hyde' reported
filed against the' Village by Michael McElligott relative to an
that a suit had been
accident which occurred
in the course of a soft ball league game under the direction of the Edina Park Board.
Report of this action has been referred to the proper insurance authorities.
GLEASON PROPERTY IN MUD LAKE TO BE ACQUIRED.
approached by a member of the Einar Gleason fasly who wished to sell.approximately
22 acres of land lying alongside the Crosstown Highway between Nud Lake and Gleason
Road for $1,000 an acre.
recommended that it be purchased.
seconded by VanValkenburg and unanimously carried.
Mr. Hyde reported that he had been
%
Mr. Hyde stated that he considered this a tremendous buy and
Tups's-motion tXat the land be purchased was
OUTLOT 1, CASSIN*S_REPLAT TO BE ACQUIRED.
Cassh's Replat, which the Village needs for storm sewer purposes is b&ng offered
for sale for $22,000 without condemnation proceedings, Tupa's motion for approval
for purchase of the Outlot from Roy Peterson was seconded by VanValkenb&g and
unanimously carried.
C-1 LIFT STATION TO BE MODIFIED.
received from the area of the C-1 lift station at 72nd and Oaklawn Avenue and that
additional lift pumps are needed. A new generator is needed at $18,000 as well as .
changes in the wet well so that the flow of sewage will be less aerated. Total cost
would run about $60,000. VanValkenburg's motion to engineer the project and present
Mr. Hyde informed Council that Outlot 1,
brr. Hyde reported that complaints of odors have been
it later to Council was seconded by Tupa and unanimously carried. 8- . . *-
STUART F. ATSATT INSTRUCTED TO REMOVE FENCE FROM STREET EASEMENT.
the Village Attorney, Mr. Hyde asked that he be directed by Council to direct
Stuart F, Atsatt, 5501 Hansen Road, to remove his fence from the street easement.
Nr* fiyde reported that complaints on the fence continue to come in to the Village Hall.
Motion by VanValkenburg directing Nr. Hyde to qrect Stuart F. Atsatt to remove said
fence from sereet easement was seconded by fixe and unanimously carried.
At the request of
H. E. OLTfiSANNS' EQUEST FOR DAMAGES CONTINUED, Because HI E$, Oltmanns was not p??esent .
his request to be reimbursed for water damage to his basement floor has-deferred until .
such time as !Ira Oltmanns would appear at Meeting.
SIGNAZ AGGEMENT WITH HENNEPIN COUNTY FOR FRANCE AVENUE AT W. 65TH STREET APPROVED.
Upon motion of Rixe, seconded by NacMillan, and unanimously carried, the following
agreement with Hennepin County was approved:
SUPPLEMENT NO, 1
TOt THE
AGREEMENT FOR DIVISION OF COST
FOR GRADING, SURFACING, CURB AND
GUTTER, STORM SE*~ERS , TRAFFIC CONTROL
SYSTEM (FULL TRAFFIC ACTUATED) ON
COUNTY STATE AID HIGHWAY NO. 17 _.._ .
NITNESSETH :
WHEREAS, There is in full force and effect an Agreement, by and between the
County of Hennepin, State of Minnesota, therein and hereinafter referred to as the
County, and the Village of Edina, County of Hennepin, State of Minnesota, therein
and hereinafter referred to as the Village, for division of cost for grading,
surfacing, curb and gutter, storm sewers, traffic control system @ll traffic
actuated) of County State Aid Highway No, 17, County Project No. 6415, entered into
on theL18th day of May, 1965, and hereinafter referred to as the Agreement; and .
(full traffic actuated) ; and
installed at the intersection of County Road No. 17, France Avenue South and 65th
Street, within the Village; and
provide for? the operation and maintenance of such traffic control system.
WHEREAS, The Agreement, among other things, provides for traffic control system
WHEREAS, Such traffic control system will, under the Agreement .and Project, be
F?HEZEAS, In addition to such items as already agreed to, it is necessary to
NOW THEFEFORE IT IS FURTHER AGREED AS FOLLONS:
The Village shall ins"tal1 or cause the installation of an adequate electrical
s1.
power connection to this traffic control system and shall provide the electrical
power for its operation, all at the sole cost and expense of the Village.
. ... s11 .
The Village shall not revisb by addition or deletion, nor alter or adjust any
component, part, sequence, or timing of the afoFesaid traffic control system; however,
nothing-herein shall be construed as restraint of prompt, prudent action by properly-
constituted authorities in situations where a part of such tsaffic control system is
directly involved in an emergency.
s111.
Upon kompletion of the traffic control sys
repair said system all at the soLe cost and exp
ATTEST :
shall maintain and
Village Clerk f
fiLL &.-a
9/7/65
201
LIBRARY'ADVISORY COMMITTEE TO BE APPOINTED. 'Mr. Hyde reported on his progress in
retaining an architect, noting that he had held interviews with four firms.
asked for suggestions relative to which firm should be hired and was advised that the
decision should be an administrative. one, Mayor Brecjesen suggested that a Library
Advisory Committee be set up to assist Mr, Hyde in the development of the library,
VanValkenburg's motion that each Councilman submit three OP four names and that a
committee of seven be chosen was seconded by Rixe and unanimously carried.
He
WATER DRAINAGE PROBLEM ON VALLEY VIEW ROAD BETWEEN'W, 62~~ AND COUNTY ROAD 62 INVESTIGATED.
Mr, Hyde reported that he had made a personal survey of the property of Mr! and Mrs.
Graham Hughes, 4217 Valley View Road, and found that though Xheir house was somewhat
lower than houses on either side, there was a lot point in the rear of the property
which acts as a drainage area.
the property was again checked and that the trouble seemed to be in the construction of
the basement wall,
JAMES THOLEN TO BE GRANTED RELIEF FROM SEWER AND WATER ASSESSMENTS.
that James W, Tholen, 603 Washington Avenue, had been assessed for six connections for
sewer and water improvements. He has a long piece of property on County Gad 18 south
ofthe cemetery which is 143 feet wide on County Road 98 and 648 feet deep,
suggested that three-fourths of the remaining assessments be cancelled and each additional
lot be charged the balance due, plus interest, when it is developed.
motion approving cancellation and deferring payment pending division of property was
seconded by Tupa and unanimously carried.
Mr, Hyde further reported that the next time it rained
Mr, Hyde stated
Mr. Hyde
VanValkenburg's
TENNIS COURT SEAL COAT AUTHORLZED,
asked Council to authorize expenditure of $1,999.99 for seal coat for tennis courts.
Stating that only one bid had been received, Mr..iHyde
Tupa' s motion approving the above-mentioned expenditure was seconded by MacMillan and
unanimously carried, t.
IMPROVEMENT BIDS TO BE.TAKEN OCTOBER 1, 1965. Mr. Hyde suggested that bids be received
on October I, and considered at Council Meeting on October 4,
following Resolution and moved its adoption:
VanValkenburg offered the
RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
PORTLAND CEMENT CONCRETE SIDEWALK REPLACEMENT
AND DIRECTING ADVERTISEMENT, FOR BIDS,
BE IT RESOLVED by the Village Coun'cil of the Village of Edina:
16 The plans and specifications for the proposed Portland Cement Concret'e Sidewalk
Replacement set forth in the following Advertisement for Bids form b heretofore. prepared
by the Village Engineer and now on file in the office of the Village Clerk are hereby
approved.
and the Construction Bulletin , said publi'cation to be not- later than two weeks before
the last date for submission of bids, the foL1owing notice for bids for said improvements:
2, The Clerk shall cause to be published two times in the Edina-Morningside Courier
ADVERTISEMENT FOR BIDS
PORTLAND CEMENT CONC&TE SIDEWALK REPLACEMENT
SEAUD BIDS will be received and opened in the Council Chambers in the Edina Village
Hall, 4801 W. 50th St., at 1l:OO A.M., Friday, October 1, 1965, and the Edina Village
Council will meet at 7:OO P.M., on Monday, October 4, 1965, to consider said bids for
the construction of Portland Cement Concrete Sidewalk Replacement. The following are
approximate quantities of major' items.:
PORT LAND^ CEMENT CONCRETE SIDEWALK REPLACEMENT
45,000 S/F 4" Concrete walk removal and replacement
250 Tons sand gravel fill I
I
1,500 S/Y Cultured sod
4,500 S/F 6" Concrete walk remove and replace
I
I
Work must be done as described in plans and specifications on file in the of€i.ce of
the Village Engineer. Plans and specifications are available for a deposit of $10.00
(by check), which deposit will be refunded upon return of said plans and specifications.
No bids will be considered unless sealed and accompanied by 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 Council reserves the right to reject any or all bids,
BY ORDER OF THE EDINA VILLAGE COUNCIL,
Florence Hallberg
Village Clerk
Motion was seconded by Rixe and on Rollcall aye and the Resolution was i
adopted.
I
9/7/65
ORDINANCE NO. 2 OFFERED FOR FIRST READING. P-ZnValkenburg offered Ordinance No. 2 which
provides for appointment of Park Board' members and defines their duties for First Reading
as follows:
ORDINANCE NO. 2
AN ORDINANCE PROVIDING' FOR THE APPOINTENT
OF MEMBERS OF THE PARK'BOARD AND DEFINING THE
BOARD'S POWERS AND DUTSES
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Character of Board. The Park Board heretofore created shall continue
Sec. 2;
as a body advisory to the Village Council.
appointed by the Mayor with the consent of a majozGty of the members of the Village
Council.
and the terms of the members shall be staggered so that as nearly equal a number of
terms as possible shall expire in each year. Members shall be appointed in January
of each year to serve for three years beginning on the 1st day of February in the
same year.
an oath that he will faithfully discharge the duties of his office.
become vacated:
Membership. The Board shall consist of seven residents of the Village
Members of the Board shall be appointed to serve for a term of three years,
Every member shall before entering upon the discharge of his duties take-
Sec. 3. Vacancies.
(a) death,
(b)
(c)
(d) resignation in writing, or
(e)
Any of the following shall cause the office of 6 member to
disability or failure to serve, as shown by failure to attend any of three
removal of residence outside the Village,
conviction of a crime constituting a felony.
consecutive regular meetings.
Vacancies shall be filled for the unexpired portion of the term by the Mayor with the
consent of a majority of the members of the Village Council.
Sec4 4. Compensation. All members shall serve without compensation.
Sec. 5. Organization. The Board shall elect a chairman from among its members
for a term of one year, and shall appoint a secretary, who may but need not be a
member of the Board. The Board shall hold at least one regular meeting every month.
Sec, 6, Powers,and Duties, The Board shall:
(a)
(b)
Sec. 7. Staff. Staf€ services shall be furnished to the Board by the Park'and
Sec. 8.
develop and review plans for the acquisition and development of parks and
recreation facilities, and make recommendations thereon to the Village Council, and
plan and make recommendations to the Council concerning park activities and
recreation programs.
Recreation Department of the Village.
passage and publication.
ORDINANCE NO. 66A-1 OFFEBED FOR FIRST READING.
which requires plumbers to furnish certificates of insurance, for First Reading as
follows : I
I This ordinance shall be in full force and effect immediately upon its
VanValkenburg offered Ordinance 'No. 66A-1
ORDINANCE NO4 66A-1 1
AN ORDINANCE REQUIRING PERSONS LICENSED
AS PLUMBERS TO FURNISH PROOF OF LIABILITY
INSURANCE COVEaGE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1,
Sec. 2.
"Sec. 6.
Sections 5, 6, 7 and 8 of Ordinance No. 66A (Licensing of Plumbers)
of the Village are hereby respectively renumbere'd as Sections 6, 7, 8 and 9.
as follows:
5ubnish proof that a policy of public liability insurance has been procured with .
respect to .work to be performed by him during the license period, for death or. personal
injury arising therefrom to any pesson or persons, in amounts of not less than $100,000
for each person and $300,000 for each incident, and for damage to property arising from
any incident in the amount of not less that $50,O0Oatt
Said ordinance is hereby amended by adding thereto a new section reading
Liability Insurance. The applicant for a plumbing license shall also
Sec. 3. This ordinance shall be in full force and ef€ect immediately upon its
passage and publication,
ORDINANCE NO. 70 OFFERED FOR FIRST READING. VanValkenburg offered Ordinance No. 70
which requires licensing of gas fitters, for First Reading as follows: '
ORDINANCE NO. 70
AN ORDINANCE REQUIRING THE LICENSING OF .
GAS FITTERS AND THE FURNISHING OF
PRESCRIBING A PENALTY
A SURETY BOND AND PROOF OF INSURANCE, AND '
THE VILLAGE COUNCIL OF TW VILLAGE OF EDXNA, MSNNESOTA b ORDAINS :
Section 1. ,License Required for Gas Fitting Work; No person except a licensed .
journeyman gas fitter working under the immediate supervision of a person holding a
Class A or Class B gas fitters license hereunder, ora plumber licensed under Ordinance
-.
9/7/65 1203 c
No. 66A of the Village, shall install, al-ter or repair any gas piping for *illuminating
or fuel gas or install, alter, repair or service any gas bumling devices connected
thereto, in or for any building or structure in the Village.
either of the following classes of work:
thereof to engage in all branches of the busihess of installing, altering and repairing
gas piping for illuminating or fuel gas and installing,' alteDing, repatring and servicing
gas burning devices connected thereto, including gas burners and gas burner equipment,
as herein defined; and for the purpose of this ordinance the term '!gas butcnerl' shall
mean: a device for the final conveyance of the gas, or a mixture of gas and air,
to the combustion zone of a boiler or furnace used in connection with a heabihg system;
(2) a power burner in which either gas or ah?, or both, are supplied at pressures
exceeding, for gas , the house line pressure , and for air, atmospheric pressure; or
(3) An atmospheric burner (other than a gas range or a gas water heater) in which air
at atmospheric pressure is injected into the burner by a jet of gas under pressure, and
whose input exceeds 50,000 BTU per hour;sand the term Itgas burner equipment" shall
include "gas burners" as above defined, and all piping (other than supply piping Erom
meter to appliance shut-off valve, blowers, control devices and accessories, connected
.to such burners).
thereof to engage in all branches of the business covered by a Class A license, as
above set forth, except the installing, altering, repairing and servicing of *'gas
burners" and "gas burner equipment" as above defined.
any Class A or Class B licensee hereunder shall hold a journeyman gas fitter license
hereunder.
Sec. 2. Class A and Class B Licenses. Licenses hereunder shall be issued for
(a) Class A License. A Class A Gas Fitters' License shall entitle the holder
(1)
(b) Class B Licenses, A Class B Gas Fitteps' License shall entitle $he holder
Sec. 3. . Journeyman Gas Fitters' License. Every person doing gas gitting work for
Sec. 4, License Procedure or Control'; Penalties. The provisions of Ordinance No. 20
of the Village, including.the penalty provisions thereof, shall apply to all'licenses
required by this ordinance and to the holders of such licenses; expept that licenses
and renewals thereof shall be granted or denied by the Plumbing Inspector. *
Sec. 5. Applications,= The application for a Class A or Class B licerise or
renewal of license shall be accompanied by proof that the applicant holds either a
masters certificate of competency issued by the Minneapolis Board of Examiners of
Plumbers or a gas fitters license of the same @ass as that for which the application
is made issued by the City of Minneapolis, or the City of Bloomington or the City of
St. Louis Park,
accompanied by proof that the applicant holds a journeyman gas fitters license issued
by one of the same three citiesr
application a bond running to the Village in the penal sum of $1,000 conditioned
that the licensee, in all material and equipment by him furnished and in a21 work by him
done and performed in installing, altering or repairing gas piping or installing,
altering, repairigg or servicing gas burner devices or gas burner equipment, as herein
defined, will strictly conform to the provisions of the ordinances of the Village
The application for a journeyman gas fitters license shall be
Sec. 6. Bond. Every applicant for a Class A license shall file with his -
relating thereto* .a ' Sec. 7. Liability Insurance. The applicant €or a Class A or Class B license
shall also furnish proof that a policy of public Liability insurance has been procured
with respect to work to be performed by him during the license period, for death or
personal injury arising therefrom to any person or persons, in amounts of not less than
$100,000 for each person and $300,000 for each incident, and for damage to property
arising from any incident in the amount of not less than $50,000.
except that if the license'applied for will expire within 6 months from the date of
application, the-fee shaI.1 be $5.
January next following,
Sec. 8. - Fee, The fee for each license required by this ordinance shall be $10,
Sec. 9. License Period, Every license hereunder shall expire on the lst of
Sec. LO, Vic?lat.ions to be Reported. The Plumbing Inspector of the Village shall
notify the Village Manager or his deputy of any violation of any of the provisions of
any ordinance of the Village touching the duties of gas fitters which shall come under
his observation,
misdemeanor, and subject to a fine of not exceeding $100 or imprisonment in the Village
or county jail for a period of not exceeding 90 days, with costs of prosecution in
either case to be added, Such penalty may be inposed in.addition to revocation or
suspension of License. .
publicat ion.
Sec..lL Penalty. Any person violating this ordinance shall be guilty of a
Sec. 12, This' ordinance shall be effective immediately upon its passage and
9/7/65
ORDINANCE NO; 118-1 OFFERED FOR FIRST READLNG.
which authorizes establishment of fire lanes for First Reading as follows:
VanValkenburg offered Ordinance No. L18-1
-
ORDINANCE NO. U8-1
AN ORDINANCE EMPOT?ERING THE CHIEF OF
THE FIRE DEPARTMENT TO ESTABLISH
FIRE LANES AND PRESCRIBING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
amended by renumbering sections 31 and 12 as sections 12 and 13, respectively.
Sec. 2.
reading as follows:
"Sec.'10.
authorized to order the establishment of fire lanes on public or private property as
may be necessary in order that the travel of fire equipment may not be interfered With,
and that access to fire hydrants or buildings may not be blocked off. When a fire lane
has been ordered to be established, it shall be marked by a sign bearing'the words
I'No Parking -- Fire Lane" or a similar message.
or a public right-of-way, the sign or signs shall be erected by the Village, and when on
private property, they shall be erected by the owner at his own expense within 30 days
after he has been notified of the order. Thereafter no person shall park a vehicle or
otherwise occupy or obstruct the fire lane."
section 11 and changing it to read as follows:
Any person violating any provision of this ordinance on said
Code, or any order made pursuant thereto,,shall be guilty of a misdemeanor and subject
to a fine not exceeding $100, or imprisonment for a period not exceeding 90 days with
costs of prosecation in either case to be added.
This ordinance shall. be in full. force and effect immediately upon its
Ordinance No. 118 (Fire Prevention Code) ofthe Village is hereby
Said ordinance is hereby further amended by adding thereto a new section
Orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby
When the fire lane is on public property
Sec. 3. Said ordinance is hereby further amended by renumbering section 10 as
"Set. 11. Penalty.
Each day's violation after notice shall
constitute a separate offense." ..
Sec. 4.
adoption and publication.
ORDINANCE NO. 141A OFFERED FOR FIRST READING. Ordinance No..l4lA, defining.misdemean0r.s
and prescribing a penalty for violations, was presented by VanValkenburg for First
Reading, as follows:
ORDINANCE NO. l43A .
AN ORDINANCE DEFINING CERTAIN
MISDEEGANORS AND PRESCRIBING A
PENALTY FOR VIOLATION THEREOF,
AND REPEALING ORDINANCES ,NOS.
141, 102, 103 AND 146 \
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, IvSINNESOTA, ORDAINS:
Section I. Violation a Misdemeanor.- The violation of a15y of the sections OD
subsections of this ordinance by any person shall be deemed a misdemeanor and shall be
punished by a fine of not more-than-one hundred dollars OF by imprisonment in the
Village or County jail for not more than ninety days , together with the costs of
prosecution in either case.
be deemed a separate violation, each to be deemed a separate nlisdemeanor.
1963, Chapter 753 (Criminal Code of 19631, defining certain crimes, are hereby
incorporated herein by reference to the same extent as if fully set forth herein, and
each of the crimes defined in those sections of said Code which are enumkrated below .
is hereby declared to be a misdemeanor, the provisions so incorporated herein being as
follows :
.
The violation of each section or sub-section hereof shall
Certain provisions of Minnesota Laws of
. .
Section 2, Conduct or Acts Forbidden.
Crimes Against the Person.
Section 609.22 -- assault.
Section 609.40 -- improper use or desecration of the flag.
Section 609.47 -- interference with property in official custody.
Section 609.475 -- impersonating officer.
Section 609.485 -- escape or aiding in escape.from custody..
Section 609.495 -- aiding offender to avoid or escape from arrest,
Section 609.50 -- obstructing legal process or arrest.
Section 609.505 -- falsely reporting crime.
Section 609.52 -- acts constituting theft.
Section 609.53 -- receiving stolen property.
Section 609.535 -- issuance of worthless check.
Section 609.545 -- misusing credit card to secuw services.
Section 609.55 -- unauthorized use of motor vehicle.
Crimes Against the Government-.
Crimes Affecting Public Officer or Employee.
Crimes Against the Administration of Justice.
trial, conviction or punishment.
,
Theft and Related Crimes.
dangerous weapons.
children.
to children.
emergency.
Section 3.
Minnesota Statutes
to the same extent
is hereby declared
Section
Se ct ion
Sect ion
Se ct ion
Crimes
Section
Section
Se ct i on
Section
Section
9/7165
I.
Damage or Trespass to Property,
609.575 -- negligent fires,
609,595 --. damage to property.
609.60 -- dangerous trespasses and other acts.
609,605 -- trespasses and other acts.
Against Public Safety and Health.
609 b 66 -- use , manufacture b sale b furnishing or possessing
609,665 -- spring guns, pit falls, etc.
609,675 -- exposure of unused refrigerator or container to
.. ..
609,68 -- unlawful deposit of garbage, litter, or the like.
609,685 -- use:,of tobacco by children and -furnishing tobacco
Public Misconduct or' Nuisance
Section 609, 705 -- unalwful assembly.
Section 609. 71 -- riot ,
Section 609.715 -- presence at unlawful assembly,
Section 609.72 -- disorderly conduct
Section 609 a 725 -- vagrancy .
Section 609.7,35 -- concealing identity,
Section 609.75 -- gambling,
Section 609,755 and 609.76 -- acts relating to gambling,
Section 609.78 -- failure to release telephone party line in
Gambling
'
Crimes Relating to Communications.
Section 609.79 -- making anonymous telephone calls. . Other Conduct or Acts Forbidden.
defining certain crimes are hereby incorporated herein by -reference
as if fully set forth herein, and each of the crimes defined therein
to constitute a misdemeanor, as follows:
Section 613.55 -- refusing tomake arrest or to aid officer.
Section 616.39 -- itinerant carnivals.
Section 616.06 -- sale of unwholesome poultry or game, ,
Section 616,20 -- exposing person with contagious disease.
Section 6\L6,17 -- disposition of carcasses. . t
Section 616,ll -- careless distribution of drugs.
Section 616.10 -- common drinking cup in public places,
Section 617.23 -- indecent exposure.
Section 617.30 -- disorderly house.
Section 617.16 -- fornicationb
Section '617,243. -- obscene literature,
Section 620r52 -- false statement in advertising.
Section 620,55 -- using false weights and measures,
Section 327,07 and 327,08 -- obtaining food, lodging or other
The following sections of
.
accommodations without payment, with intent to defraud.
Section
Section
Sect ion
Section
Section
Section
run at large.
fireworks,
614.42 -- overworking or mistreating animals.
614,50 -- aiding or abetting animals in fighting.
614,47 -- selling diseased animals, or allowing them to
340 96 -- drunkenness a
614.35 -- improper use of insignia.
616.433 through 616.438 -- prohibition upon sale and use of
Sec. 4. Compromising Prosecution. No person who has made a 1egal.complaht
aga&nst any other person before a municipal judge of the Village €or the violation of
any ordinance of the Village may settle or compromise the same after said complaint has
been filed and before trial of such case, without per4ssion from such judge,
lurking, lying in wait or concealed in any house or other building, or in any yard,
premkes , street, avenue, park or parkway , with intent to do any mischief, or to pilfer
or to Commit any crime or misdemeanor whatever, or not being an agent, servant, or
employee of a railway company, shall get on or off the cars or locomotives of any
railway company operating its cars and locomotives within .said limits while the same
are in motion or standing still, or trespass upon thetyards or premises of such railway
company with the intent to obtain a ride upon such cars or locomotives or sleep in the
same, or for any other purpose, withbut the consent of such railway company, its agents
or employees .
Sec. 5. Loitering; Trespassing on Railroad Premises. No person shall be €ound
.-
Sec. 6. Spittihg in Public Places. No person shall expectorate in or on any
public building, public conveyance, or sidewalk abutting on any public street.
s 9/7/65
Sec. 7. Withholding Village Property. No person shall take possession of any
property, real or personal, belonging to the Village, or'to the possession of which
the Village shall be entitled, or shall commit any trespass thereon, or shall unlawfully
withhold the property from the Village, and the -unlawful'withholding of such property,
after demand therefor has been made under the direction of the Village Council, shall
be deemed a new and separate offense for every day the possessien is Nithheld after such
demand.
bat any ball, stone, or other hard substance into,.on or'across any street or alley
or in any public place, or at or against any building or'vehicle, or.at or toward any
person .
posters, show bills, or other sign on any building, pole; or property not his own,
without permission from the owner thereofr
producing or giving any immoral'show or permit the same to be done.
let to any animal of the opposite sex, any stallion, jackass, bull, boar, ram or billy
goat .
or use any cigarette containiilg any substance deleterious to health, other than
tobacco .
fire, discharge, or explode any gun, pistol, air rifle OP other weapon in any part of
this Village without a permit from the Village Council.
and shall be issued by the Council in its discretion uporl application to it. Nothing
herein shall be construed to prohibit any firing of a gun, pistol, or other weapon when done
in the lawful defense of person, property, or family or in the necessary defense or
enforcement of the laws .
Sec. 8. Throwing or Batting BalLs on Streets, etc. No person'shall throw or
Sec. 9. Posting Bills. No person shall put up any hand bills, advertisements,
Sec. 10. Immoral Shows. No person shaJ.l. produce, give, or take part in
Sec. 11. Exhibiting Animals. No persdn shall publicly exhibit or exercise or
Sec. 12 . Adulterated Cigarettes . ' No person shall manufactrire , sell , give away ,
Sec. 13. Discharge of Firearms Prohibited Without a Permit. No perso? shall
Such permit shall be in writing
Sec. 14.
in the Village,
under any false
are not husband
and wife at any
Sec. 15.
False Registration. No person shall register at any hotel or motel
or cause any other person to be regishered at any hotel or motel,
assumed name or under any other than his true name.
and wife shall cause or permit themselves to be registered as husband
hotel or motel in the Village.
No persons who
The following ordinances of the Village are hereby repealed: No. 141, - No. 102, No. 103 and No. 146. .
heretofore commenced shall be continued in all zyspects as if said ordinances remained
in effect without such repeal.
and publication.
However, any prosecutions 'or complknts-thereunder
Sec. 16. This ordinance shall be in full force and effect upon its adoption
ORDINANCE NO. 33A-3 OFFERED FOR FIRST READING. Ordinance No. 33A-3, which amends
the existing animal. ordinance, was offered by VanVaLkenbWg for First Reading as
follows :
ORDINANCE NO. 33A-3 '
AN ORDINANCE AMENDING ORDINANCE NO. 33Ab
RELATING TO THE KEEPING OF DOGS IN THE VILLAGE;
PROVIDING FOR THE LICENSING OF COMbERCIAL ANIMAL KENNELS
AND THE REGULATION THEREOF, AND PRESCRIBING A PENALTY.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section I.
"AN ORDINANCE REGULATING AND REQUIRII?G THE LICENSING OF DOGS
AND COT.IMERCIAL ANIMAL KENNELS, AND PROVIDING FOR THE CONFINEMENT
OF DOGS AND OTHER ANIMALS, AND PRESCRIBING PENALTIES. I'
Sec. 2. Section 1 of Ordinance No. 33A'of the Village is hereby anleaded to
The title of Ordinance No. 33A of the Village, relatingko dogs,
is hereby amended to read as follows : *
read as follows:
I'Section 1. Definitions. As used in this ordinance:
'Animal' includes dogs.
'Owner' means any 'person owning, harboping or keeping a dog or clther animal.
'Commercial kennel' means a place where more than two dogs or other animals
over six months of age are kept, and where the business of selling, boarding, breeding,
showing, treating or grooming dogs or other animals is conductedr"
Sec. 3.
"Sec. 11.
Section 11 of said ordinance is hereby amended to read as follows:
Redemption. Any dog impounded for a reason other than for being
observed for rabies may be redeemed from the pound by an owner within the time or period
stated in Section 10 by paying to the Clerk the license fee for the current year, an
impounding fee of $5, and a fee of $1 for each day the dog is confined in the pound as
the cost of feeding,
Village once during the 12-month period next preceding the date of the present impounding,
the impounding fee shall be $20; or, if the dog was impounded three times or more during
such period, the impounding fee shall be $40.
for the current year at the time it is taken up, the license fee shall not be paid by the
owner . tt
If the dog to be redeemed was impounded for any reasdn by the
If the dog impounded has a license tag
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<
See. 4. .Sections 20 and 21 of said ordinance
Sections 26 and 27, respectively.
2093
are hereby renumbered as
Sec. 5. Said ordinance is hereby amended by adding thereto new Sections 20 through
25, which shall read as follows:
kennel without first having obtained a license therefor under the provisions of this
ordinance .
No. 20 of the Village, including the penalty provisions thereof, shall apply to all
licenses required by this ordinance for commercial kennels and to the holders of
such licenses.
ttSecI 20. License Required for Kennel. No person shall maintain a commercial
"Sec. 21, License Procedure or Control; Penalties. The provisions of Ordinance
Wet. 22. Applications. The application for license or renewal of license shall
contain or have attached thereto, in addition to the information required by said
Ordinance No. 20, a detailed plan and description of the predses and structures
wherein the kennel is to be operated, unless the application is for a renewal of a '
previous license and no change Yn the premises or structure has been or is contemplated
to be made,
fraction thereof,
and well ventilated condition at a11 times, and shall be open to inspection by the
Health Officer or the Public Health Sanitarian or the police officers of the Village
,
"Set. 23, Fee. The fee for a commercial kennel license is $50 per gear or any
"Sec. 24. Cleanliness of Kennels, Kennels shall be kept in a clean, sanitary
' at all reasonable times.
llSec. 25. Enforcement by Health Officer and Public Health Sanitarian. - It shall
be the duty of the Village Health Officer and ViLlage Public Health Sanitarian to
enforce Sections 18 and 24 of this ordinance."
passage and publication according to law,
Sec. 6. This ordinance shall be in full force and effect from and after its
ORDINANCE NO. 184A OFFERED FOR FIRST READING, Ordinance No. 184A, relating to motorcycles
and motor bicycles, was offered by VanValkenburg for First Reading as follows:
ORDINANCE NO. 184A
AN ORDINANCE RELATING TO MOTORCYCLES AND MOTOR
LEASING OR FURNISHING OF MOTOR BICYCLES FOR PAY OR
BICYCLES 5 EGULATING THE SELLING , RENTING ,
HIRE; LIMITING THE US€ AND OPERATION
OF MOTOR BICYCLES ; PROVIDING PENALTIES FOR
VIOLATIONS; AND REPEALING ORDINANCE NO. 184.
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Definitions,
(a)
(b)
For the purposes of this ordinance, the terms defined in this section have
"Motor bicycle" means. a self-propelled vehicle used on the guhlic highways,
the meanings given them,
having a saddle for the use of the riGer and designed to travel on not more than three
wheels in contact with the ground.
but does not include tractors.
bicycles for pay or hire.
bicycle business in the Village, either exclusively or in connection with any other
occupation, or permit such a business to be established or carried on upon premises
owned or leased by him, without a license hereunder.
such license:
renting or leasing of motor bicycles.
Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply
to all licenses required by this ordinance and to the holdew of such licenses.
. Sec. 4, License Fee, The fee for the license required by this ordinance shall
be $50.00 for a license solely for the sale of motor bicycles, and $100.00 for a
License for the renting or leasing of motor bicycles.
obtained for each place of business,
The term includes motor scooters and motorcycles
(c) "Motor bicycle business" means selling, furnishing, renting or leasing motor
Sec. 2. License Required. No person shall establish or carry on a motor
There shall be two types of
one sblely for the selling of motor bicycles, and the other for the
Sec. 3. License Procedure and Control; Penalties. The provisions of
A spparate license shall be
Sec. 5, Liability Insurance, Every applicant for license for the renting or
leasing of motor bicycles shall file a policy of public liability insurance insuring
the applicant and any of his employees,-lessees &d permittees, and the persons
operating such motor bicycles, for a period of time to expire not sooner than the
License applied for, against liability for
or death of any one person in any accidents $50,000 for injury to or death of more
than one person in any one accident, and $5,000 because of damage to or destruction
of 'property in any one accident resulting Srom the negligent operation , use or defective
condition of any motor bicycle belonging to the applicant. The policy shall contain
a provision for a continuing liability khereunder for the term of the license to the
full amount thereof, notwithstanding any recovery thereon. The policy also shall contain
an endorsement to the effect that liability under the policy shall not be affected by
reason of any motor bicycle having been furnished to, or rented or leased by a minor,
loss in the sum of $25,000 for injury to
J 9/7/65
and further, that the Village Manager shall be notified by letter at least ten days
before the cancellation of the insurance policy.
provision for at least $200 medical payments to cover the operator or passenger of such
vehicle if personal injury or death results to the operator or passenger from its use.
The policy shall also contain a
- --
Sec.-6. Report on Traffic Conditions. The Chief of Police shdll,.upon request 6f
the Nanpger, investigate and submit a written report on traffic conditions in the
immediate vicinity of the applicant's proposed place of business , particularly during
Saturdays, Sundays and holidays.
suitable to the operation of a motor bicycle business in the place proposed by the ,
applicant, he may deny issuance of the license.
If the Manager deems such conditions not to.be
Sec. 7, Lessee Must Have License, Etc,
(a) A licensee shall not rent, lease, or furnish a motor bicycle tomanyeperson
who is not licensed by the State of Minnesota to operate such a vehicle, 02, in the case
of a nonresident, who is not duly licensed to operate such vehicle under the law of
the state or country of his residence. No one shall rent, lease or furnish a motor
bicycle to a person under the age of 18 years unless
with the licensee a statement in writing showing the consent of the person's +parent
or guardian to the rental '7 Before renting, leasing, or furnishing a motor bicycle to a person, the licensee shall
make a permanent and legisle record containing the name, address and age of the person
to whom the motor bicycle is leased, rented or furnished, and shall record on this record
the nunher and date of issue and expiration of the driver's license, together with any
limitations noted thereon and the description of the person as set forth 6n the driver's
license. The recordso kept also shall identia the vehicle rented, leased or furnished
to the person by the number on the vehicle's state number plate.
(b) The licensee shall maintain in safe operating\condition all motor bicycles
rented, leased or furnished by him. The licensee, his agent or employee shall explain
the operation, including but not limited to the controls, pedals, gears and-brakes, of
the person furnishes and leaves
lease or furnishing of a motor bicycle to su~h~person.
the particular motor bicycle to be used by the person before
the licensee, his agent or employee is aware that the person
particular motor bicycle.
The licensee, his agent or his employee shall call
user of such vehicle the precautionary measures that must be
of the driver and the public.
the person uses it, unless
knows how to operate the
to the attention of the
€allowed €or the safety
Sec. 8, Lessee-bjay Not Sublet, It is unlawful for a
bicycle is rented, leased or furnished, to rent, sublease, or otherwise authorize the
person to whom a motor
use of the vehicle to a person who is not licensed by the state of Minnesota to operate
such a vehicle.
Sec. 9. Rules and Regulations for Use of Motor Bicycies. ~
.C
(a)
(b)
No person shall use a false motor vehicle driver's license or atherwise give
Only one motor bicycle shall occupy a single traffic lane at one time.
false information in order to obtain the rental or use of any motor bicycle,
is maawful for two or more motor bicycles to be operated abreast of one another in the
same traffic lane, s
(c)
the Village.
(d)
the Village and state of Ninnesota as are other motor vehicles .except where motor
It
No motor bicycle shall be operated or parked upon any public sidewalk within
Motor bicycles shall be subject to the same -traffic laws and regulations of
vehicles are expressly exempt therefrom , ..
(e) No stunts, drills, acrobatics, racing or games of any sort on motor bicycles
are permitted on any Village highway, street or alley without the prior approval of the
Village Chief of Police.
to the public caused by engine noise,. horns , noisy .acceleration, and any other audible
disturbance resulting from such motor bicycle operation.
the permission ofthe owner or occupant thereof, express or implied.
seat of the motor bicycle with his feet on foot rests, or in a side car which is standard
equipment for such motor bicycle. .The motor bicycle operator who is carrying a passenger
on his motor bicycle shall take every.reasonable precaution to provide for the safety
qf such passenger, both before and during the time the motor bicycle is in operation.
movements, or quick stops where such movements could have been avoided by the reasopable
operatiw of the motor bicycle.
controls, pedals, gears, hand and foot brakes and any other item which is necessary for
the safe operation of the motor bicy'cle.
(k)
wheel brakes where the motor bicycle is equipped with both sets of brakes.
(1)
parks, playgrounds and school -grounds, except on areas thereon improved and mapked for
parking .
(€1 Motor bicycles shall be operated in such manner as to minimize any disturbances
(g)
(h)
No motor bicycles shall be driven across or upon any private property without
No passenger shall be carried upon any motor bicycle except upon the passenger
(i) Motor bicycle operators shall not execute unnecessary sharp turns, radieal
($3 Each prospective motor bicycle operator shall familiarize himself with the
Notor bicycle operators shall apply rear brakes first before applying front
No person shall drive or park a motor bicycle on any public property, including
9/7/65 209
(m) No person shall wash, grease or repair a motor bicycle upon any street or
highway or upon any public property such as a park, playground or school ground,
except when such repairs are necessary because of an emergency,
Every motor bicycle shall'at a11 times be equipped with a muffler in good
working order which blends the exhaust noise into the overall vehicle noise and is in
Eons'tant operation to prevent excessive or unusual noise, and no person shall use a
muffler cutout, bypass, or similar device upon a motor bicycle on a street or highway.
The exhaust system shall not emit or produce a sharp poppjng or crackling sound.
is unlawful to remove the baffle plates .;fi?om the exhaust system of a motor bicycle or
to operate a motor bicycle with such baffle plates removed.
of this ordinance shall be guilty of'a misdemeanor, .and subject to a fine of not to
exceed $100, or imprisonment for a period not to exceed 30 days, with costs of
prosecution in either case to be added.
licensed hereunder in addition to suspension or revocation of license,.
its passage and publication.
(n)
It
Sec, 10. Penalty, Any person who vfolates or fails to comply with any provision
Such penalty may be imposed on any one
Sec. 11. Ordinance No. 184 of the Village is hereby repealed and rescinded.
Sec. 12. This ordinance shall be in full force and effect immediately upon
ORDINANCE NO. 261-116 REFERRED TO PLANNING COMMISSION by Motion of VanValkenburg,
seconded by Tupa and unanimously carried, This Ordinance amends the Zoning Ordinance -
by providing for various procedural changes
ORDINANCE NO. 264 REFERRED TO PLANNING COMMLSSION,' Ordinance No. 264, providing for
appointment of Planning ~ Commission members was referred to Planning Commission for
further study. .
RESOLUTION ADOPTED AUTHORIZING CONDEMNATION PROCEEDINGS AGAINST WILLIAM J. SIME FOR
WATERMAIN EASEMENT,
condemnation proceedings against William J. Sime for watermain easement because the
Resolution adopted July 12, 1965, did not provide a sufficiently clear description
of the property,
Village Attorney requested an additional Resolution authonizing
Rixe offered the following Resolution and moved its adoption:
RESOLUTION
WHEREAS, the Village .Council of the Village of Edina by resolution dated
July 12, 1965, did authorize the acquisition of certain land for water pipe purposes,
such acquisition to be by use of the power of eminent domain if necessary; and
WHEREAS, it is necessary, advisable and in the public interest that the
Village of Edina acquire said land for water pipe purposes; and
WHEREAS, in order to accomplish such purpose, it is necessary for the
Village of Edina to acquire a perpetual easement for water pipes across, over and under
said land, which land was not specifically described in said resolution of July 12, 1965,
but was intended to be and is hereby declared to be the land described as follows,
to-wit :
The South Sixty (60) feet of the North One Hundred Eighty (180)
feet lying West of the East One Hundred Thirty (130) feet, and
the West (W) Sixty (60) feet ofthe East One Hundred Ninety (190)
feet lying South of the North One Hundred Eighty (180) feet and
North of "Walnut Ridge First Addition'I which lies within the
following described property :
That part of the Southwest 1/4 of Section 31, Township 117,
North, Range 21 West of the 5th Principal Meridian, described
as follows: Commencing at the Northeast corner of the South
west 1/4 of said Section 31; thence West along the North line
of said Southwest 1/4 a distance of 60 rods;cthence South parallel
with the East line of said Southwest 1/4 to a point 577 feet
North of the Southwest corner of the East 60 rods of the South
west 1/4; thence East parallel with the South line of said South-
west 1/4 180 feet; thence South with the East line of said South-
west 1/4 to the center line of State Highway No. 369; thence North-
easterly along said center line of said State Highway No, 169 to
the point of intersection of said center line of said State Highway
No. 169 with the West line of Walnut Ridge, Hennepin County,
Minnesota; thence Northerly on the Westerly line of Walnut Ridge,
Hennepin County, Minnesota, to the Northwest corner of said Valnut
Ridge, Hennepin County, Minnesota; thence Easterly on the Northerly
line of said Walnut Ridge to the Northeast corner thereof, being
a point 1442.8 feet South of the Northeast corner of said South-
west 1/4; thence North on the East line of said Southwest 1/4 to
point of beginning, except that part embraced in plat of "Walnut
Ridge First Addition. It ; and
WHEREAS, the effox4x of the Village of Edina to obtain a perpetual easement
WHEREAS, by reason of the failure of the Village to obtain said perpetual
for said purposes across , over and under such land have been unsuccessful; and
easement across) over and under such land it has become necessary to procure the
same by right of eminent domain,
9/7/65
NOH, THEREFORE, BE IT RESOLVED That the Village of Edina does hereby confirm
and declare that the land above described is the land referred to in said resolution
of July 12, 1965; that the Village of Edina does further hereby ratify and confirm the
. commencement of proceedings to procure perpetual easements across, over and under such
land forthe purposes hereinbefore set forth under its right of eminent domain pursuant
to said resdlution of July 12, 1965, and the actions of the VLllage Aztorney and the Hayor
and Clerk in connection with said eminent domain proceedings are in all Pespects hereby
ratified and confirmed.
BE IT FURTHER RESOLVED, That the Village Attorney be instructed and directed
to prosecute such action to a successful conclusion or until it is abandoned, dismissed
or terminated by the Village or by the Court; that the Village'Attorney,'the" Mayor and
the Clerk do a11 things necessary to be done in the commencement, prosektltion and
successful termination of such action.
Rixe's motion for approval of the above Resoluti6n v
unanimously carried,
ATTEST :
econded by MacMillan and -A@-
9 ' Hayor
Village Clerk /
RESOLUTION AUTHORIZING PROCEEDINGS OF ENINENT DOMAIN FOR STORM SEWER 95 A&D SANITARY
SEIJER NO,. 232 ADOPTED.
of eminent domain for Storm Sewer No. 95 and Sanitary Sewer No. 232:
Tupa offered the following Resolution authorizing proceedings
REXOLWION AUTHORIZING PROCEEDINGS OF EMINENT DOMAIN FOR
STON5 SEWER 95 AND SANITARY SEER NO. 232
BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA that the Village
Council does hereby authorize the commencement of proceedings to procure all perpetual
easements and.lands .which may be necessary for the construction and maintenance of
Storm Sewer #95 and Sanitary Sewer #232 under its right of eminent domain and does
hereby authorize the Village Attorney and the Mayor and Clerk to prosecute any such
action to the successful conclusion or until abandoned, dismissed or terminated by the .
Village or the Court and that the Village Attorney and the Mayor and the Clerk do all things
necessary to be done in the commencement, prosecution and termination of any such action.
Tupa's motion for adoption of the Resoluti
Rollcall there were five ayes and no nays and t
ATTEST :
ded by MactIillan and on
L-1
LIQUOR DISPENSARY FUND AND COMPARATIVE STATEMENT OF INCOME AND EXPENSE REPORTS were .
submitted by Mr. Dalen, approved and ordered placed on file.
TREASWR'S REPORT as of July 31, 1965, was submitted, approved and ordered placed
on file.
'
$35 ;OOO MUNICIPAL STATE-AID STREET BOND SALE AUTHORIZED.
to sell $35,000 bond for state-aid for Dewey Hill Road and Vest 60th Street improvements,
to the Village. -- MacMillan offered the following .Resolution awarding sale authorizing
issuance and establishipg form and details of the bond.
Mr. Dalen requested authority
RESOLUTION ANARDING SALE, AUTHORIZING ISSUANCE
AND ESTABLISHING FOR-I AND DETAILS OF $35,000
MUNICIPAL STATE-AID STREET BONDS
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, as follows:
1. Unde-r and pursuant to the provisions of 14innesdta-Statutes 1961, Section
162.18, the Council is authorized to issue negotiable coupon, general obligation bonds
of the Village for the purpose of providing funds for establishing, locating, relocating,
constructing, reconstructing and improving streets designated as municipal state-aid
streets, and to purchase such bonds for the account of any one or mo're of its municipal
funds, including debt. redemption funds, provided such bonds shall mature in not exceeding
five years from their respective dates of issue, in principal amounts not exceeding in
any calendar year, with the principal amount of all other municipal state-dd street
obligations maturing in such year, the total amount of the last annual allotment preceding
the bond issue, received by the Village from the construction account in the municipal
state-aid street fund of the State of Minnesota. For payment of a portion of the cost
of Municipal State-Aid Project Nor 28-153-01, which project has been duly authorized
and contracted to be constructed with approval of the State Highway Department as a part
of the municipal state-aid street system established by the Village and approved by
the Highway Department, it is necedsary for the Village to borrow the principal sum of
$35,000, which amount, issued as herein provided, will not exceed in any caendar year,
with the principal amount of all other municipal state-aid street bonds maturing in
such year, the total amount of the last annual installment pre-eding the issuance of
the bonds herein authorized received from the construction account in the municipal
state-aid street fund. Such last annual allotment was in the approximate amount of
$175,000 .
I
2.
designated as
9/7/65
The bond to be issued pursuant eo the authority described above shall be
"Municipal State-Aid Street Bond1#, shall be dated as of September 15,
1965, in the denomination of $35,000, shall bear serial No. 1, shall bear interest
at the rate of 2.50% per annum, payable semiannually on each March 15 and September 15,
and shall mature on September 15, 1967, subject to the right reserved by the Village
to redeam and prepay the bond at any time, at par and accrued interest, upon thirty
days notice mailed to the registered hobder.
at the office of the Village Treasurer,
of the Improvement Bond Redemption Fund of the Village, and the Village Treasurer
shall register the bond as to payment of principal by endorsement on the bond of a
certificate of registration, reciting that the principal thereof will be payable only
to such person as by such registration appears to be the owner thereof or his legal
representative, and the Treasurer shall keep a permanent record of the bond registration.
The bond shall have no attached interest coupons, and shall be mimeographed
in substantially the following form:
Principal and interest shall be payable
The bond shall be purchased for the account
3.
- UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
VILLAGE. OF EDINA
MUNICIPAL STATE-ALD STREET BOND
(Registered)
$35,000 NO. 1
KNOW ALL MEN BY THESE PRESENTS that the Village of Edina, in the County of
Hennepin and State of Minnesota, for value received acknowledges itself to be indebted
and promises to pay to bearer or, if this bond is registered, to the registered holder
hereof, the principal sum of
on the 15th day of September, 1967, or, if this bond is prepayable as noted below,
on an earlier date on which it shallkhave been duly called for redemption, and
promises to pay interest on s+d principal sum from the date hereof until paid at
the rate of two and fifty hundredths per cent (2.50%) per annum, payable semiannually
on the 15th day of March and the 15th day of September in each year.
and interest are payable at the office of the Village Treasurer, in Edina, Minnesota,
in any coin or currency of the United States of America which on the respective
dates of payment is legal tender for public and private debts.
and full payment of such principal and interest the full faith and credit of the
Village of Edina have been and are hereby3rrevocably pledged,
This bond is the only bond of an issue for the purpose of establishing,
locating, relocating, constructing, reconstructing and improving municipal state-
aid streets within the Village, in accordance with resolutions duly adopted by the
Village Council, and pursuant to and in full conformity with the provisions of the
Constitution and laws of the State of Minnesota thereunto enablipg, including
Minnesota Statutes 1961, Section 162.18 and Chapter 475.
principal in the name of a holder on the bond register of the Village kept for that
purpose at the office of the Village Treasurer, with such registration noted hereon.by
said Treasurer. While so registered, no transfer hereof shall be valid unless made
on such register by the registered holder in person or by his attorney duly authorized
in writing and similarly noted hereon; but this bond may be discharged from
registration by being in like manner transferred to bearer, and thereupon transfer-
ability by delivery shall be restored; but the bond may again and from time to time
be registered in the name of a holder or transferred to bearer as before.
This bond is subject to redemption and prepayment, at the option of the
Village and at par and accrued interest, at any time, upon thirty days' notice of
such redemption mailed to the registered owner hereof as shown on the bond register
of the Village.
redemption unless the bond is then presented for payment and payment is refused.
required by the Constitution and Laws of the State of Minnesota to be done, to happen,
to exist and to be performed precedent to and in the issuance of this bond, in order
to make it a valid general obligation of the Village according to its terms, have
been done , have happened, do exist and have been performed in regular and due
form, time and manner as so required; that the issuance of this bond did riot cause
the indebtedness of the Village to exceed any constitutional or statutory limita-
tion; that prior to the issuance of this bond a direct, annual, irrepealable, ad
valorem tax has been duly levied upon all of the taxable property in the Village
for the years and in amounts not less than 5% in excess of sums sufficient to pay
the interest hereon and the principal. hereof as the same respectively become due,
and additional taxes, if required for such purpose, may be levied upon all such
property without Unitation as to rate or amount; and that the Village has also
irrevocably pledged and appropriated to the sinking fund from which this bond is
THI RTY-FI VE THOUS AND DOLLARS
Both principal
For the prompt
This bond is transferable by delivery, except while registered as to
Interest on this bond shaJ.1 cease upon the date specified for the
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things
J
917165
payable an amount of the moneys allotted and to be allotted to the Village from its
account in the municipal state-aid street fund of the State of Minnesota sufficient
to pay such principal and interest when due, and that the tax above described may
be reduced by 'the amounts of such moneys or other moneys actually on hand and
appropriated to the sinking fund.
its Village Council, has caused this bond to be executed in its behalf by the
signatures of its Mayor and Village Manager and
and has caused this bond, to be dated as of Sept
IN WITNESS WHEREOF the Village of Edina, Henneph County, Minnesota, by
a1 seal to be affixed hereto,
W Mayor I'
Countersigned :
(SEAL)
Village Manager
CERTIFICATE OF REGISTRATION
The within bond has been registered on the bond register kept at the
office of the Village Treasurer in Edina, Minnesota, and the principal hereof will be
payable only to such person as by such registration appears to be the owner hereof
or his legal representative,
NO WRITING HEREON EXCEPT BY THE VILLAGE TREASURER
Date - Registered Owner Signature of Treasurer
4. The bond shall be prepared for execution under the direction of the
Village Clerk and shall then be executed on behalf of the Village by the signatures
of the Mayor and Village Manager, who shall affix the corporate seal of the Village
to the bond, The name of the fund for whose the bond is purchased shall be inserted
therein, &hd the bond shall be deposited in safekeeping by the ViUage Treasurer for
the account of the Improvement Bond Redemption Fund, and the Treasurer shall then
transfer the purchase price of the bond purchased by such fund, to-wit, the par
value thereof plus accrued interest thereon to the date of such transfer, to the
fund of the state-aid project in the amount stated in paragraph l of this resolution,
and the accrued interest shall be deposited to the credit of the Municipal State-
Aid StEeet Bond Fund created by Ordinance No. 17-1, dated December 28, 1962,
For the prompt and full payment of"t'he priiicipal and interest on the
bond as the same respectively become due, the full faith, credit and taxing powers
ofthe Village are hereby irrevocably pledged. To provide moneys for the payment
thereof, there is hereby levked upon all of the taxable property in the Village a
direct, annual, ad valorem tax which shall be spread upon the tax rolls for the
years and in the amounts as follows, and collected with and as a part of other
general taxes of the Village in the respective ensuing years:
5,
Year Amount
$86 75 -
* 1965
1966 37,668, 75
The proceeds of such tax shall be paid into the Municipal State-Aid Street Bond Fund
and expended therefrom in accordance with Ordinance No, 17-1, adopted December 28,
1962, and the bond and interest shall be paid from that fund and secured by all of
the covenants contained in that ordinance,
appropriated to this fund an amount of the moneys allotted and to be allotted to the
Village from its account in the municipal state-aid s;l?reet fund of the State of
Minnesota, sufficient to pay such principal and interest when due, and upon receipt
of such mneys from time to time the taxes herein levied shall be reduced by the
amounts so received, in the manner provided in said ordinance.
The Village Clerk is hereby authorized and directed to file with the
County Auditor of Hennepin County, Minnesota, a cekified copy of this resolution,
together with such other information as the County Auditor may require, and to obtain
from said Auditor priorto the delivery of the bond herein described a certificate
that sSd issue has been entered upon his bond register,
are hereby authooized and directed to prepare and furnish to the purchaser of said
bond, and to the attorneys approving the legality of the issuance thereof, certified
copies of a11 proceedings and records of the Village relating to said bond, and such
other affidavits and certificates as may be required to show the facts relating to
the legality and marketability of the bond, as such facts appear from the Village's
books and records in their custody and control or are otherwise known to them, and
all such certified copies, certificates and affidavits, including any heretofore
furnished, shall be deemed representations of the Village as to the correctness of
all statements -contained therein.
There is also irrevocably pledged and
6,
7, The officers of the Village and the County Auditor of Hennepin County
9/7/65 i
Motion for adoption of the foregoing resolution w econded by Tupa and on Rolicall
all voted aye and the Resolution was unanimouszpted. 3
CLAIMS PAID,
September 7, 1965, was seconded by MacMiSlan and carried:
Construction Fund, $76,667.61; Park, Park Construction , Swim Pool, Golf Course ,
Recreation Center, $462,978,615 Water Fund, $314.80; Liquor Fund, $110,901.74; Sewer
Rental Fund, $585.88; Improvement Funds, $450,000; POOP Fund, $41,00; Total, $1eL10,120.94.
Rixe's motion for payment of the following Claims as per Pre-List dated
General Fund, $8,631.30;
MORNINGSIDE POLICE CONTRACT RENEWED, VanValkenburg's motion approving renewal af th
Morningside police contract in the amount of $10,600 for the coming year was sscoaded
by Tupa and unanimously carried.
AD.DITLONAL INSPECTOR HIRED TO COVER AREAS OF PLUMBING AND HEATING,
that he was pleased to announce the addition of Robert Bahneman to the Inspections
Department.
no longer has any connection with the plumbing company which still bears his name.
The meeting's agenda having been 'covered, Tupa moved for adjournment.
by Rixe and carried, Adjournment at 10:SO P.14.
Mr. Hyde stated
Mr. VanValkenburg stated that it should be made clear that Mrr Bahneman
Motion seconded