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HomeMy WebLinkAbout19650915_specialI I I) I I I I I ! I I I 8 I I ! 1 ! I !b I I umber of cars required for Southdale Plaza at the time the . e I) for business and also in the completed stage (Stage 11) ng the demand on parking must be stated. STAGE I FACTS: I 1. The peak parking demands of the theatre are on Saturday and Sun- day evenings. The peak parking demands of the Bowling Alley are on league nights The peak parking demands of Gabberts are Monday, Thursday, Friday evenings and Saturday until 6:OO P.M. All agreements in the Southdale Plaza are made with reckprocal parking easements (excluding Southdale Ford) . Total parking available for these three businesses is 775 cars. 2. 'Monday through Friday evenings. 3. 4. 5. the Bowling Alley has enough parking with 172 cars. Gabberts ttedly, this is short but we shall use it for this analysis. ans for 502 cars. This comprises the total of 775 cars men- We shall use the ratio of 2.25 seats per car as . 5 above. our demand factor for a single auditorium theatre. the changing of the feature. ed by 2.25 equals 844 cars required. theatre we have taken the maximum demand for seats in each type of theatre and converted it to the parking demand by using the 2.25 seats per car required for a single theatre. Maximum of 3,800 people in the area. A twin theatre with 1,900 seats (1,200 - 700) : 1,200 + 1,200 + 700 = 3,100 people in the area of 81.6% of the single theatre require- ment. Then using the single theatre requirement of 844 x 81.6% = 690 cars 're- quired for the Twin Theatre. Again, the available parking is 775 cars. On Saturday and Sunday evenings Gab- berts has no parking demand. The number of cars 'required for the Bowling Alley on Saturday and Sunday evenings can be assumed at no more than 86 cars or 50%. The Theatre requirement of 690 cars plus the Bowling Alley requirement of 86 cars make a total requirement of 776,cars, one more than available. It also may be that the bowling requirement of 86 cars is too great especially on Sun- day. Dayton Development Company also questions the 2.25 seats per car ratio because in our initial negotiations with General Drive-In Corporation, they asked for only 600 car parking if the theatre was located alone. General Drive- In considers the 2.25 ratio to be that of an outdoor theatre and they operate 40 such theatres. Because of these figures using the 2.25 ratio we are confident that the parking is adequate for- Stage I of Southdale Plaza. , The demand is greatest at Therefore, a single theatre of 1,900 seats divid- In trying to relate this to a twin. A s'ingle theatre with 1,900 seats: ' They use 3 seats per car ratio for their indoor theatres. I. I 1. Items 1, 2, 3, and 4 of Stage I remain as stated. Parking Analysis - Southdale Plaza 1 Cont ' d I' 2. The peak demands for the additional retail parking will be Monday, Thursday, Friday evenings and Saturday until 6:OO E.M. 3. Total parking available: 1,085 cars. Stage I1 the greatest parking demands are Monday, Thursday, Friday Saturday until 6:OO p.m. and would not conflict with theatre demands. analysis the Bowling Alley parking requirements will be considered at The, theatre demand will be assumed at 35% efficient or 242 cars (Mon- I Gabbert's requirement will be calculated at 2 cars per thousand of nee sales area or 158 cars. Bowling Alley 172 242 . 158 Theatre Gabberts 479 ' Retail Areas 1-6 (79,900x61M) - I I Total cars needed 1,051 cars Total cars available 1,085 cars i ' 1 The !retail area above is calculated according to the C-3 Zoning of '6 cars per . I thousand square feet of net sales area. theatre parking demands are reduced when the retail parking demands are increased at 9:00 to 9:30 P.M. (feature change) at which time the retail demand on parking is low. The requirement of 6 cars per thousand is designed for peak seasons such as Christmas. the year would be very adequate using 3 cars per thousand square feet of net sales area. the opportunity of watching the parking demands. future we may want to add or deduct retail area as parking demands dictate. Considering all of the aforementioned facts, we believe the parking for Stage I1 It should be stated-again that the .at Christmas. More specifically, the peak parking demand of the theatre occurs The actual parking demand for retail space for 1lmonthsI.of . Also, we plan'to build one building at a time and thus we will have,. Depending on experience in the.. I I I. .. .. . .. i 9/2bj65 SIOUX, TRAIL THIRD ADDITION PELIMINARY APPROVAL GRANTED. Trail Addition plat for preliminary approval, explaining that it is a 16 lot subdivision on the south end of Sal1y;Lane down to Valley View Road. recommended approval and the Engineering Deparkment has approved road grades and storm and sanitary sewers which wiJ.1 be installed by developer. approval was seconded by MacMillan and unanimously carried. Mr. Fredlund presented Sioux Planning Commission has Tupa's motion for - ~ OCTOBER 4 SET FOR HEARING DATE FOR VARIANCE REQUESTS. Mr. Fredlund requested that ~ October 4 be set for hearing date for variance requests of Don Meighan for a General Motors Sign in Edina Interchange Center and Glad and Miller Construction Company for reverse frontage at 4800 Oxford Avenue. Hearing was seconded by Tupa and unanimously carried. MacMillan's motion setting October 4 for YORK AVENUE CUL-DE-SAC VACATION CONTINUED TO OCTOBER 4, when the vacation of the York Avenue Cul-de-sac was first brought to Council on August 2, it was brought out that the Pearce sisters had reserved a private access easement from Parcel 9935, Sec. 29, T. 28, R, 24 to York Avenue as platted in Cassin's Replat when they sold the property to Nomandale Corporation, which fact was not made known to the Village when it was gkven a public road easement over portions of Lots 6 & 7, Block 2, Cassin's Replat by the Normandale Corporation, Maloney, attorney for the Misses Pearce, stated that his clients requested that a Resolution be passed providigg that at any time a demand for an opening into York Avenue is made, the curb be removed at the expense of the Village. although the Misses Pearce have this easement, it is the responsibility of Nomandale Corporation to pay the cost of the curb cut. could be assured that all Councihen present favored the proposed Resolution and that Mr. Whitlock and Mr. Maloney should work out a satisfactory Resolution to be presented for passage at the October 4 Meeting. Corporation would be contacted prior to the Meeting in order that an understanding be arranged with them. OUTLOT 5., CREEK VALLEY ADDITION TO BE REFERRED TO PARK BOARD FOR PURCHASE. Mr. Langmack informed .Council that Outlots 5 and 7, Creek Valley Addition had been considered for purchase from Normandale Corporation. Mr. Hite, after consulting Assessor Kearns, felt that the asking price of $12,500 €or Outlot 7 was too high and recommended that purchase of this lot be dropped from consideration, VaLue of Outlot 5 is sufficiently low for consideration of purchase. Tupa's motion to drop consideration of purchase of Outlot 7 and to refer considenation of purchase of Outlot 5 to Park Board was seconded by MacMillan and unanimously carried. Mr. Whitlock explained that George Tupa stated that VanValkenburg stated the Misses Pearce Mr. VanValkenburg also stated that Nomandale LOT 7, BLOCK 20 , NORMANDALE ADDITION ACQUISITION APPROVED, the Park Board recommended purchase of Lot 7~ Block 20, Normandale Addition, for $1,000, Mr, Dalen stated' that the usual amount paid for property in that area. acquisition of the property was seconded by MacMillan and unanYmously carried. Tupa's motion for-appoval of the EDEN PRAIRIE PRESENTS FORMAL REQUEST FOR CONNECTION TO SANITARY SEWER C-2. presented a formal request by the Village of Eden Prairie for connection to Sanitary Sewer C-2 for a period of four to five years. Reminding Council that an examination of zoning policies for the area to be served had also been set as a consideration before agreement was reached. investigated Eurther was seconded by Tupa and unanimously carried, H. E, 0LTMA"S' CLAIl4 FOR WATER DAMAGE CONTZNUED, present, his claim for damage caused by water seepage to his basement €loor was tabled until further word is heard from him. Mr. Langmack MacMillan's motion that the request be accepted and Because H. E, Oltmanns was not We 70TH ST. RAILROAD BRIDGE COST SHARING AGREEMENT APPROVED SUBJECT TO ATTORNEY'S APPROVAL. Mr. Lnnis PIcPherson of the Minneapolis, Northfield and Southern RaiLway requested . Council approval of an agreement whereby the Railway would perform the replacement of the bridge on W. 70th St. over the railway tracks and the Village and County would share the cost at a pre-agreed price. action by the Village and was told by Attorney Whitlock that while there is no statutory authority for the Village to enter into such an agreement, he would like to investigate the matter further, that the Railway had entered into agreements of this' type with other municipalities , MacMillan's motion approving cost sharing agreement subject to approval of Mr. Whitlock was seconded by Tupa and unanimously carpied, Mr. Langmack questioned the legality of such Mr, McPherson stated that material is already on the way and GOLF COURSE FUND Statement of Income and Expense for eight months ended August 31, 1965, was presented and ordered placed on file. I 9/20/65 RELOCATION OF FRANCE AVENUE BUS ROUTE AT SOUTHDALE APPROVED. Twin City Lines has requested permission to change the bus route at Southdale so that the bus will turn off France Avenue at 65th Street between the Fairview Southdale Hospital and the Southdale Medical Building, enter Southdale Center via Barrie Road, and return by the same route. relocation was seconded by Tupa and unanimously carried. 24r. Langmack reported that MacMillan?s motion granting approval fcrr the bus route ORDINANCE NO. 149-2 REFERRED TO ATTORNEY FOR CLARIFICATION. concern regarding Section 4 of Ordinance No. 149-2, stating that provision must be made Trustee MacMillan expressed to prevent indiscriminatory entrance of private residences €5~ four different individuals at any hour they choose. requires screens and proper closings on doors. No. 149-2 be referred to the attorney for clarification was seconded by Tupa and unani- mously carried. ORDINANCE NO. 2 ADOPTED AT SECOND READING., Ordinance No. 2 which provides for appointment and defines the duties of Park Board members was offered for Second Reading by MacMillan as follows: MacMillan also questioned subsection G of Section 4 which MacMillan's motion that Ordinance . I. ORDINANCE NO. 2 AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF MEMBERS OF THE PARK BOARD AND DEFINING THE BOARD'S POWERS AND DUTIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDTHA, MINNESOTA, ORDAINS: Section 1, Sec. 2, Membership, The Board shall consist of seven residents of the Character of Board. The Park Board heretofore created shall continue as a body advisory to the Village Council. Village appointed by the Mayor with the consent of a majority of the members of the Village Council. Members of the Board shall be appointed to serve for a term ofAEree years, and the terms of the members shall be staggered so that as nearly equal a number of terns as possible shall expire in each year. Hembers shall be appointed in January of each year to serve for three years beginning on the 1st day of'february in the same year. that he will faithfully discharge the duties of his office. member to become vacated: Every member shall before entering upon the discharge of his duties take an oath Sec. 3. Vacancies. Any of the following shall cause the office of a (a) death, (b) (c) (d) resignation in writing, or (e) 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. consequtive regular meetings, Vacancies shall be filled forsthe unexpired portion of the term by the Mayor with the consent of a majority of the members of the Village Council. Sec. 4. Compensation, All members shall serve without compensation. 3ec. 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 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. Sec. 7. Staff. Staff services shall be furnished to the Board by the Park and Recreation Department of the Village. Sec. 8, its passage and publication. (a) (b) - This ordinance shaJ.1 be in full force and effect immediately upon there were three ayes and no nays and the Ordi Village Clerk ORDINANCE NO. 66A-1 ADOPTED AT licensed plumbers to furnish proof of liaility insurance coverage was presented for Second Reading by Tupa as follows: Ordinance No. 6eA-1 which requires ORDINANCE NO. 66A-1 AN ORDINANCE FGQUIRING PERSONS LICENSED AS PLUMBERS TO FURNISH PROOF OF LIABILITY INSURANCE COVERAGE THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section I. Sections 5, 6, 7 and 8 of Ordinance No. 66A (Licensing of Plumbers) of the Village are hereby bspectively renumbered as Sections 6, 7, 8 and 9. i ! I i 1 9/20/65 Section 2'. "Said ordinance is hereby amended by adding thereto a new section reading as follows: - "See, 6. Liability Insurance. The applikant for a plumbing 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." upon its passage and publication. Section 3. This ordinance shall be in full force and effect immediately Tupa's motion for adoption of the Ordinance all. voted aye and the Ordinance was adopte ATTEST : ORDINANCE NO, 70 ADOPTED AT SECOND licensing of gas fitters was presented for Second Reading by Tupa as follows: NG. Ordinance No. 70 wh ??? ch provides for the ORDINANCE NO. 70 AN ORDINANCE €CQUIRING THE LICENSING OF A SURETY BOND AND PROOF OF INSURANCE, AND PRESCRIBING A PENALTY GAS FITTERS AND THE FURNISHING OF THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, 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, or a plumber licensed under Ordinance No. 66A of the Village, shall install, alter or repah any gas piping €or illuminating or fuel gas or install, alter, repair or service any gas burning devices connected thereto, &n or for any building or structure in the Village. Sec. 2. Class A and Class B Licenses. Licenses hereunder shall be issued for either of the fhowing classes of work: (a) Class A License. A Class A Gas Fitters' License shall entitle the holder thereof to engage in all branches of the business of installing,- altering, and repairing gas piping for iLluminating or fuel gas and installing, altering, repairing and servicing gas burning devices connected thereto, including gas burners and gas burner equipment, as hereindefined; and for the purpose of this ordinance the term "gas burnerf1 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 heating system; both, are supplied at pressures exceeding, for gas, the house line pressure, and for air, atmospheric pressure; or (3) or a gas water heater) in which air at atmospheric pressure is injected into the burner by a "jt of gas under pressure, and whose input exceeds 50,000 BTU per hour; and the term Itgas burner equipment" shall include "gas burners" as above defined and a11 piping (other than supply piping from 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. (1) (2) a power burner in which either gas or air, or an atmospheric burner (other than a gas range (b) Class B Licenses. A Class B Gas Fitters' License shall entitle the holder Sec. -3. Journeyman- Gas Fitters' License. Every person doing gas fitting work for any Class A or Class B licensee hereunder shall hold a'journeyman gas fitter license hereunder . 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, except that licenses and renewals thereof shall be granted or denied by the Plumbing Inspector. renewal of license shall be accompanied by proof that the applicant holds either a masters certificate of competency issued by the Minneapolis, or the City of Bloomington or the City of St. Louis Park. License shall be accompanied by proof that the applicant holds a journeyman gas fitters license issued by one of the same three cities. application a bond runnug to the Village in the penal sum of $1,000, Conditioned that the licensee, in all maaerial and equipment by him furnished and in a11 work by him done and performed in installing, altering or repairing gas piping or installing, altering, repairing or servicing gas burner devices or gas burner equipment, as herein defined, will strictly conform to the provisions of the ordinances of the Village relating thereto. Sec. 4. License Procedure or Control; Penalties. The provisions of Sec. 5. Applications, The application for a Class A or Class B license or The application for a journeyman gas fitters Sec. 6. Bond: Every applicant for Class A license shall file with his 9 /20/65 Sec. 7. shall also furnish Liability Insurance. proof that a policy of public liability insurance has been procured The applicant for a Class A or Class B license with respect to work to be performed by him during the license period, for death or personal injury arising therefromto any person or persons, in amounts of not less than I $100,000 for each person and $300,000 for each incident, and €or damage to property arising from any incident in the amount of not less than $50,000. : Sec. 8. Fee. The fee for each license required by this ordinance shah be $10, except that if the license applied for will expire within 6 months from the date of application, the fee shall be $5. January next following. shall notify the Village 1-lanager 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. a misdemeanor, and subject to a fine of not exceeding $100 -or-fmprisonment in the Village or countyijail for a period of not exceeding 90 days, with costs of prosecution in either case to be added. suspension of license. Sec. 12. publicat ion . Sec. 9. Sec. LO. Violations to be Reported. The Plumbing Inspector of the Village License Period. Every license hereunder shall expire on the 1st of Sec, -11. Penalty, Any person violating this ordinance shall be guilty of Such penalty may be imposed in addition to revocation or This ordinance shall be effective immediately upon its passage and IaClIillan's motion for adoption of Ordinance No. 70 was seco there were three ayes and no nays and the Ordin ATTEST : 4 ORDINANCE NO. 118-1 ADOPTED AT SECOND d1NG. the establishment of fire lanes was offered for Second Reading by Tupa as follows: Ordinance No. 118-1 which provides for ORDINANCE NO. 128-1 AN ORDINANCE'EMPONERING THE CHIEF OF THE FIRE DEPARTMENT TO ESTABLISH .. FIRE LANES AND PRESCRIBING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: hereby amended by renumbering sections 11 and 12 as sections 12 and 13, respectively. new section reading as follows: Section 1. Sec. 2. Ordinance No. 118 (Fire Prevention Code) of the Village is Said ordinance is hereby further amended by adding thereto a WSec. 10. Orders Establishing Fire Lanes. The Bureau of Fire Prevention is hereby 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 xkh, 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 "No Parking -- Fire Lane" \hen the fire lane is on public property or a public right-of-way, the sign or signs shall be erected by the Village, and when on private propeay, 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 . I' as section 11 and changing it to read as follows: Any person violating any provision of this ordiiance 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 &ys with costs of prosecution in either case to be added. thereof shall constitute a separate offense.'' "its adoption and publication. or a similar message. Sec. 3. Said ordinance is hereby further amended by renumbering section 10 , "Sec. 11. Penalty. Each day's violation afier notice Sec. 4. This ordinance shall be in full force and effect immediately upon and on / Tupa's motion for adoption of Ordinance No. 118-1 was Rollcall, all voted aye and the Ordinance was ATTEST : .. ORDINANCE NO. 141A REFERRED TO ATTORNEvjOR CLARIFLCATXON. changing Section 7 to read that the Villlage Manager (rather than the Council) should accomplish return of unlawfully .wiEhheld property from the Village. VanValkenburg also called for clarification of Section 8 and questioned the applicability of Section 13 in relation to the course in use of firearms which is conducted by the American Legion. Tupa's motion to refer Ordinance No. 141A to the Village Attorney for clarification of the above sections was seconded by Maclilillan and carried. VanValkenburg suggested , 9/20/65 ORDINANCE NO-, 184A ADOPTED AT SECOND READING. 'Ordinance No, 184A was presented for Second Reading, and had been told that the insurance limits set by the.0rdinance would be easily available. In answer to MacMillan's question regarding use of helmets, Mr. Langmack stated that this section had been omitted at the recommendation of the Chief of Mr, Dalen reported that he had checked with one insurance company 2P Police because there was some question as to nhether this provision would be enforceable. MacMillan then offered Ordinance No. 184A for Second Reading as follows: ORDINANCE NO, 184A AN ORDINANCE RELATING TO MOTOR CYCLES AND MOTOR L€ASING OR FURNISHING OF MOTOR BICYCLES FOR PAY OR OF MOTOR BICYCLES ; PROVIDING PENALTIES FOR BICYCLES; REGULATING THE SELLING, RENTING, HIRE; LIMITING THE USE AND OPERATION VIOLATIONS; AND REPEALING ORDINANCE NO. 184 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions, For the purposes of this ordinance, the terms defined in this section have llMotor bicycle" means a self-propelled vehicle used on the public highways, (a) (b) the meanings given them. having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but does not include tractors + "Motor bicycle business" means selling, furnishing, renting or leasing motor bicycles for pay or hire, Sec, 2, License Required, No person shall establish or carry on a motor 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. The term includes motor scooters and motorcycles (c) There shall be two types of one solely for the selling of motor bicycles, and the other for the Sec, 3, License Procedure and Control; Penalties, The provisions of Ordinance No. 20 of the Village, including the penalty gmvisions thereof, shall apply to a11 licenses required by this ordinance and to-the holders of such licenses. &shall be $50.00 for a license solely for the sale of motor bicycles, and $100.00 for A separate license shall be Sec. 4, License Fee. The fee for the license required by this ordinance a license for the renting or leasing of motor bicycles. obtained for each place of business, - See. 5, Liability Insurance. Every applicant for license for the renting or leasing of motor bicycles shall €i.le a policy of public liability insurance insuring the applicant and any of his employees, lessees and 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 Loss in the sum of $100,000 for injury to or death of any one person in any accident, $300,000 for injury to or death of more than one person in any one accident, and $50,000 because of damage to or destruction of property in any one accident resulting from the negligent operation, use or defective condition of any motor bicycle belonging to the applicant, contain a provision for a continuing Liability thereunder for the term of the license to the full amount thereof, notwithstanding any recovery thereon. shall contain an endorsement to the effect that liability under the policy shall not be affected bjT reason of any motor bicycle having been furnished to, or rented or leased by a minor, and further, that the Village Manager shall be notified by letter at least ten days before the cancellation of the insurance policy. The policy shall also contain a provision for at least $500 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 The policy also Sec, 6* Report on Traffic Cond4tions. The Chief of Police shall, upon request of the Manager, 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 andholidays, be 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 Secb 7, Lessee Must Have License, Etc. (a) A licensee shal1, not rent, lease, or furnish a motor bicycle to any person who is not licensed by the State of Minnesota to operate such a vehicle, or, in the case of a non-resident, who is not duly licensed to opepate such a vehicle under the law of the state or country of his residence. a motor bicycle to a person under the age of 18 years unless the person furnishes and le'aves with the licensee a statement in writing showing the consent of the person's parent or guardian to the rental, lease Qr furnishing of a motor bicycle to such person, licensee shall make a permanent and legible 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 number and date of issue and expiration of the driver's license, together witb any limitations noted thereon and the description of ther person as set forth on the driver's license. rented, leased or furnished to the person by the number on the vehicle's state number plat e b No one shall rent, lease or furnish Before renting, leasing, or furnishing a motor bicycle to a person, the. The record so kept also shall identify the vehicle 222 ( . (b) The licensee shall maintain in rented, leased or furnished by him. The the operation, including but not limited 9 /20 /6 5 safe operating condition all motor bicycles licensee , his agent or employee. shall explain to the controls, pedals, gears, and brakes, of the particular motor bicycle to be used by the person before the person uses it, unless the licensee, his agent or employee is aware that the person knows how to operate the particular motor bicycle . of such vehicle the precautionary measures that must be followed for the safety of the driver and the public. It is unlawful for a person to whom a motor bicycle is rented, leased or furnished, to rent, sublease, or otherwise authorize the use of the vehicle to a person who is not licensed by the State of Minnesota to operate such a vehicle. The licensee, his agent or his employee shall call to the attention of the user Sec. 8. Lessee May Not Sublet. Sec. 9. Rules and Regulations for Use of Motor Bicycles. No person shall use a false motor vehicle driver's license or otherwise give false information in order to obtain the rental or use of any motorebicycle. Only one motor bicycle shall occupy a singLe traffic lane at one time. unlawful for two or more motor bicycles to be operated abreast of one another in the same traffic lane. (c) the Village. (d) the Village and State of Ifinnesota as are other motor vehicles except where motor bicycles are expressly exempt therefrom. 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 of the 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 of 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 reasonable operation of the motor bicycle. controls, pedals, gears, hand and foot brakes and any other item which is necessary €or the safe operation of the motor bicycle. (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 marked for parking. (m) 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 a3L times be equipped with a muffler in good working order which blends the exhaust noise into the over-all vehicle noise and is in constant 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. sound. bicycle or to operate a motor bicycle with such baffle plates removed. provision 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. hereunder in addition to suspension or revocation of license. (a) (b) It is No motor bigcle shall be operated or parked upon any public sidewalk within Motor bicycles shall be subject to the same traffic laws and regulations of (e) No stunts, drills, acrobatics, racing or games of any sortLon motor bicycles (f) Motor bicycles shall be operated in such manner as to minimize any disturbances (g) (h) No motor bicycles.shal.1 be driven across or upon any privatezproperty without No passenger shall be camied upon any motor bicycle except upon the passenger r I (i) Motor bicycle operators shall not execute unnecessary sharp turns, radical (j> Each prospective motor bicycle operator shall famiLiarize himself with the Motor bicycle operators shall apply rear brakes first before applying front No person shall drive or park a motor bicycle on any public property, including No person shall wash, grease or repair a motor bicycle upon any street or (n) The exhaust system shall not emit or produce a sharp poppingaor crackling It is unlawful to remove the baffle plates from the exhause system of a motor Sec. 10. Penalty. Any person who violates or fails to comply with any Such penalty may be imposed on any one licensed Sec. U. Ordinance Nor 184 of the Village is hereby repealed and t?escinded. Sec. 12. its passage and publication, This ordinance shall be in full force and effect immediately upon .* Madillan's motion for adoption of Ordinance No. 184A was all voted aye and the Ordinance was adopted. ATTEST : , 9/20/65 / PURCHASE OF PARK 'DRINKING FOUNTAINS APPROVED BY COUNCIL., Mr. Dalen explained that the Village Council had authority to authorize purchase orders up to'$2,000 and that drinking fountains requested by the Park Board would not come over that -amount. MacMillan's motion approving purchase of water fountains to be installed in various parks was seconded by Tupa and unanimously carried. DR. K. PAUL CARSON APPOINTMENT AS SCHOOL BOARD REPRESENTATIVE TO PARK BOARD, was announced by Mayor Pro Tem VanValkenburg. CLAJMS PAID, Tupa moved for payment of the following Claims as per Pre-List dated September 20, 1965, as follows: Parks, Park Construction, Swim Pool and Golf Course, $60,283.92; Water Fund, $7,488.68; Liquor Fund, $56,535.21; Sewer Rental Fund, $779.82; Improvement Fund, $35,000.00. Motion seconded by MacMillan and carried. The evening's agenda having been covered, Tupa moved for adjournment. by MacMillan and carried, General Fund, $26,115.57; Construction Fund, $283,201.77; Motion seconded Adjournment at 8:45 P.M. Village Clerk MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL, HELD iiONDAY, OCTOBER 4, 1965, EDXNA VLLLAGE HALL ROLLCALL was answered by members MacMillan, Rixe, Tupa, VanValkenburg and Bredesen. MIIJUTES of the Regular Meeting of September 7 were approved as amended by motion of VanValkenburg, seconded by Rixe and carried. VanValkenburg's amendment was that the following comments be added to Page 195 of this Minutes Book relative to the Special Assessment for Storm Sewer No. 84: Other comments and explanations were given by Messrs. Hyde, Bredesen and VanValkenburg, is of the opinion that a storm sewer does create a benefit to all properties in the drainage district, (23 sanitary ponding areas, (3) elimination of flash floods, (4) maintenance of streets, (5) physical, improvement to area, (6) elimination of stagnant ponds which are hazardous to children and to the health of the area, (7) safety, (8) storage, and (9) others, All areas of the Village are or will be in one or another storm sewer district before the system is complete, It would be grossky unfair to assess some areas and to pay for other areas from the general fund. fairly apportion these costs between areas A, B, C and D and this explains the different assessment costs, in effect over thirty years and it would be unfair to change it now; that this was different than a rural drainage ditch because an urban development (houses, garages, yards, streets) does change the natural drainage, a study would show that there would be no real difference in overall taxes paid if storm sewers had been paid from general funds OP on the present basis, Normandale Park, on WarrenAvenue from the 6400 block to k?. 66th Street, which is approximately one block from Mr. Jacob's property was developed without special assessment and adds to the value of nearby properties. this park and eliminates flash flooding and the necessity of pumping, the cost of which would reflect on the General Tax. street maintenance, which would also reflect on the General Tax, would be substantially increased, It was pointed out to Mr, Jacobs and the audience that the Village Some of these benefits as explained, are (1) orderly runoff of water, An attempt has beenimade in this instance to It was mentioned that the system of assessing had been Mr, Hyde stated that he was sure Stomn Sewer #84 allows better drainage of Without adequate stom sewers, the cost of Minutes of September 20 were approved as read by motion VanValkenburg, seconded by Tupa and carried, ,