HomeMy WebLinkAbout19660606_regular6/6/66
MXNUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT THE VILLAGE HALL ON
I
JUNE 6, 1966
Members answering Rollcall were Trustees Johnson, MacMillan, Tupa, VanValkenburg
and Mayor Bredesen . P
IUNUTES of Nay 16, 1966, were approved as submitted by motion of Trustee VanValkenburg,
seconded by Trustee Tupa and unanimously carrigd.
HEARINGS CONDUCTED ON VARIOUS 114PROVEMENTS.
and of Publication in the Edina-Norningside Courier on May 26 and June 2, 1966, were
presented by Clerk, approved as to form and ordered placed on file by motion of
Trustee Johnson, seconded by Trustee Tupa and carried.
public hearings were conducted on the following proposed improvements and action was
taken by Council as hereinafter recorded:
A. CONSTRUCTION OF PEREIANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN BEARD
- Nr. Hyde presented total estimated project cost at $3,257.66 which is proposed to be
Affidavits of Mailing on talay 27, 1966,
Pursuant to due notice given,
COURT
assessed at $1,085.89 per lot and stated that a petition had been received requesting
the improvement .
Improvement later in Minutes . )
No discussion was heard from the audience. (See Resolution Ordering
B. CONSTRUC~ION OF PER.IANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE
FOLLOk7ING :
Warden Avenue from Johnson Drive to Tracy Avenue.
Mr. Hyde stated that calls have been received advising that the petition which had
been submitted had requested concrete surfacing.
surfacing as given in mailed and published notices was presented at $8,586.33 wliich
was proposed to be assessed at an estimated cost of $9.23 per assessable foot.
Estimated cost for concrete surfacing was given at $17,592.25 which would be assessed
at an estimated cost of $18,92 per front foot. Mr. Nicolas J. Delebo, 5605 Warden
Avenue, asked why the cost of concrete is so high and was advised by Nr. Hite that
the small amount of work involved was the primary reason.
estimate had been made on the basis of bids received on another job of similar size
which had been bid earlier this year. Nr. Hite further stated that because of the
large amount of. bituminous surfacing being done in the Village this year, the cost
for this type of surfacing is exceptionally low. At the request of Mr. DeLebo,
Trustee Tupa’s motion that the matter be tabled.unti.1 June 20 was seconded by
Trustee MacMillan and unanimously carried.
7 .
Estimated cost of bituminous street
He stated that this
I C. CONSTRUCTION OF PEFWNENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE
FOLLOWING :
West 49th Street from Westbrook Lane to center line of Minneapolis, Northfield
and Southern Railroad.
P
Total estimated cost was presented by Mr, Hyde at $8,209.47‘which is proposed to be
assessed against 698.66 estimated footage at an estimated rate of $11.75 per assessable
foot. tk. Hite stated that Lot 8, Block 4, Tingdale Brothers Brookside District had
been added to the assessment district because this lot has access to this street
only,
for the T,H. 100 improvement might incLude this street,
Street.
the east of the railroad track will be resurfaced as part of the previously authorized
Brookside area relocation paving. No further discussion was offered. (See
Resolution Ordering Improvement later in Minutes.)
&. Donald Jenkins, 4840 Westbrook Lane, inquired whether or not proposed plans
He was advised by Mr. Hite
. that present plans call for discontinuing present access to the highway from W, 49th
In reply to a question from Mr. Johnson, l4r. Hite stated that the street to
+
D CONSTRUCTION OF PERPAHENT STREET SURFACING I IN~~THEI”EOLLOI~1NG :
Alley between Minnehaha Blvd. and Halifax Avenue from Vest 52nd Street to the
south line of Lot 36, Block 2, South Harriet Park 2nd Addition.
Mr. Hite stated that although a petition which had been received requesting the
improvement had requested bituminous surfacing, proposed estimates had been submitted
for concrete surfacing because of the fact that bituminous surfacing does not stand
up well in alleys and because of the higher cost of maintenance of bituminous alleys,
He stated that St, Louis Park and Hopkins will not allow any alley surfacing other
than concrete and that Hopkins subsidizes such assessments from General Funds b
Estimated project cost for concvete surfacing as submitted in published and mailed
notices was presented at $6,427.55 and proposed to be assessed‘at a cost of $7.49 per
assessable foot.
at $5,026.10 which would be proposed to be assessed at $5*86 per assessable foot,
Mr. Eite stated the estimated cost of bituminous surfacing was $2,404.39 with a
resulting rate of assessment of $2.80 per assessable foot. Ur. Carl Elving, 5216
Halifax Avenue, stated that he is one of the two residents who use the alley but that
he would oppose asking other property owners to pay such a high price for the
Minnehaha Blvd., Nr, 0, J. Trainor, Jr,, 5212 Halifax Ave., and 1.1~~ Charles Balogh,
5204 Halifax Ave., all stated that they wish to withdraw their names from the petition.
U
Revised estimate based on quotations received on June 6 was given
. improvement. lk. George C, Pitzer, 5217 lilinnehaha Blvd., Walter Lehnert, 5209
6/6/66 . f PI7
Mr , John €4, Beach ,
of the improvement
5200 Halifax Ave., stated that he does not believe that the cost
can be justified in view of the small amount of usage, Mrs. Chesley
Carlson, 5225 Minnehaha Blvd, stated that she wants the alley paved with bituminous
surfacing and does not want to pay the additional cost of concrete,
opposition to concrete surfacing were presented from Mr, John Beach, 5200 Halifax Ave.,
and Mr, Chesley F. Carlson, -5225 Minnehaha Blvd.
Ave., stated that she would oppose any surfacing because it would only make easier
access for people to dump garbage at the end of the alley,
are approximately 12,000 feet of alley in Edina, 90% of which is unsurfaced.
suggested that the matter of paving all alleys as one improvement be considered at
some future date.
subsidizing alley improvements.
'abandoned was seconded by Trustee MacMillan and unani,mously carried.
then offered the following resolution and moved its adoption:
Letters in
Mrs, Arthur C. Chose, 5208 Halifax
Mr, Hite stated that there
He
He further suggested that consideration be given at that time to
Trustee Johnson's motion that this project be
Trustee MacMillan
RESOLUTION ORDERING PERMANENT STREET SURFACING AND
CONCRETE CURB AND GUTTER IMPROVEMENTS NOS.
BA-97 AND EA-98
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published and mailed to owners of each
parcel within the area proposed to be assessed on the following proposed improvements:
J.. CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB AND GUTTER IMPROVEMENT
Beard Court
THE FOLLOWING:
W, 49th Stb from Westbrook Lane to M,N. E S, Railroad
IN THE FOLLOWING: -9
26 CONSTRUCTION OF PERMANENT STREET AND CONCRETE CURB AND GUTTER IMPROVEMENT IN
and at the hearing held at the time and place specified in said notice the Council has
duly considered the views of all persons interested, and being fully advised of the
pertinent facts does hereby determine to proceed with the construction of said
improvements including all. proceedings which may be necessary in eminent domain for
the acquisition oE necessary easements and rights for construction and maintenance of
such improvements; that said improvements are hereby designeated and shall be referred
to in all subsequent proceedings as follows:
No. 1 above PERMANENT STREET SURFACING E CONCRETE CURE AND GUTTER NO, BA-97
and the area to be specially assessed therefore shall include all lots and tracts of
land abutting the streets proposed to be impEoved,
No, 2 above PERMANENT STREET SURFACING E CONCRETE CURB AND GUTTER NO. BA-98
Motion for adoption of the resolution was
Rollcall there were five ayes and no nays
by Trustee VanValkenburg and on
resblutio7q was adopted.
ATTEST :
&-7L!L 9
Village Clerk
JAMES O-'BRIEN'S REQUEST FOR FELLMAN ADDITION REZONING GRANTED FIRST READING.
Mr, Fredlund presented request of Mr. James O'Brien for rezoning of part of
Outlot 1, Fellman's Addition from R-3.to R-4 Multiple Residence District,
Affidavits of Mailing on May 27 and of Publication in the Edina-Morningside Courier
on May 26, 1966, were presented by Clerk, approved as to form and ordered placed
on file by motion of Trustee MacMillan, seconded by Tmstee Johnson and unanimously
carried,
taken as herein recorded. Mr, Fredlund stated that this property, which is bounded
by W, 70th St, on the south, Nine Mile Creek on the north, Otto's Third Addition
on the south and the N,N. E S. Railroad on the east is so cut up by easements and the
creek that it would not be feasible to construct two ten unit buildings as would
be permitted in the R-3 Mulfiple Residence zoning. Zoning change as proposed would
allow an increase of density from 20 units to 26 units all in one building, The
proposed building would be two and a half story construction facing 11, 70th Street,
Trustee MacMillan questioned the grade which would be considered and was told by
Mr, Hite that this would be the grade now proposed for 14, 70th St. Trustee
VanValkenburg questioned proposed usage of the property to the north of Nine Mile
Creek and was advised by Nr. Fredlund that because it is below flood plain elevation,
it is highly unlikely that it will ever be used for anything other than ponding
purposes and recommended that the Village acquire the property for this purpose.
Trustee Tupa stated that the Village already has dedication of property in Otto's
Third Addition and that this dedication would be desirable so that there would be
a continuous strip, Mr. O'Brien stated that he will agree to dedicate the creek.
property for watershed purposesI
ordinance for first reading in accordance with conditions set forth in the Planning
Commission minutes of May 4, as follows:
Pursuant to due notice given, public hearing was conducted and action
Trustee Johnson then offered the following
6/6/66
ORDINANCE NO, 263-135
AN ORDINANCE AHENDING ORDINANCE 261 OF
THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL
R-4 MULTIPLE RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1, Paragraph 1, Multiple Residence District Boundaries, of Section 4,
(Nultiple Residence District) of Ordinance No. 261 of revised ordinances of the I
Villa& of Edina, as amended, is hereby further amended by adding the following
subparagraph :
District R-4
"(23) w That part of Outlot 2, Fellman's Addition lying south of a line
ten feet south of and parallel to the north line of the north one-half
(N1/2) of Section 8, Township 116, Range 21, and lying west of the east
116 feet thereof, except for the following described tract: Beginning
at a point in the southwest corner of Outlot 2, Fellman's Addition,
thence North l41,71 feet; thence east 57.54 feet; thence southwesterly
in a straight line to the point of beginning."
Section 2. This Ordinance shall be in effect immediately upon its passage and
publicat ion,
ORDINANCE NOb.2626-6 GRANTED FIRST READING. Petition of J, A, Danens & Son for a
Temporary Mining and Excavation District Permit for property east of Prospect Hills
which is owned by blr.::t4. P. Johnson was presented by Mr, Hite.
on May 27 and of Publication in the Edina-Momingside Courier on May 26, 1966, were
presented by Clerk, approved as to form and ordered placed on file by motion of
Trustee NacMillan, seconded by Trustee Tupa and unanimously carried.
advised Council that on January 4, 1966, a previous permit for excavation on this site had
expired and that a new permit is requested for a period of one year, within which time
b1r4 Danens indicates he can complete the work. Mrb Danens has further indicated that
he can obtain a temporary easement so that it will not be necessary to use Lanham Lane
to move his equipment, Mr. Stanley Cwlson, 7009 Lee Valley Circle, stated that the steep
precipice behind his property is dangerous and requested that it be leveled, Mr. Hite
replied that correction of this problem should be one of the stipulations of the agreement.
14r, Q. A, Collins, 7020 Lanham Lane, Mr. A. G. Bogen, Mr. Gerald Remole, 7024 Lanham
Lane and Mrs. James Coffin, Sr.) 7015 Lanham Lane, all protested the hazardous and
unsightly grades that presently exist and requested that this land be leveled as soon as
possible.
using Lanham Lane.
requestedto be removed.
Hr4 Hyde advised residents that only the J. Ab Danens Construction Company trucks would
be prohibited from using that street.
7028 Lanham Lane, E-lr, Hite stated that no additional roads could be constructed in the
area until adjacent land is developed and sewer and water installed. There being no
further discussion, Trustee VanValkenburg's motion offering.First Reading, providing
that bond and agreements as to traffic patterns be worked out before the matter comes
up for Second Reading, as follows:
Affidavits of Mailing
Mr. Hite
D They emphasized, howevev, that they did not want.J. A, Danens & Son trucks
Special mention was made of a dirt pile at 7028 Lanham Lane which was
Discussion ensued relative to traffic on Lanham Lane and
In a reply to a question of t4r. k7. E. Brown,
ORDINANCE NO. 262A-6
AN ORDINANCE AMENDING ORDINANCE 262A, REGULATING
AND EXTRACTION PURPOSES, BY ADDING AN ADDITIONAL
THE USE OF LAND IN THE VILLAGE FOR KLNING, STRIPPING
1 TEHPORARY EXCAVATION DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINAS I*IINNESOTA, ORDAINS:
Section 1. Section 3 (a) (Excavation Districts Created) of Ordinance No, 262A,
"An Ordinance Regulating The Use of Land in the Village for tlining, Stripping and
Extraction Purposes," as amended, is hereby further amended by adding at the end of
said section the following:
"Area- No. 9
Beginning at a point on the East line of the Northwest 1/4 of
Section 8, Township 116, Range 21, 433 feet South of the North
line thereof; thence South 90 depees 05 minutes West a distance of
727.5 feet; thence South parallel to the East line of said 1/4 section
a distance of 885.17 feet; thence South 89 degrees 48 minutes LO seconds
Nest a distance of 318 feet; thence South89 degrees 59 minutes 30 seconds
West a distance of 190.65 feet; thence North 89 degrees 58 minutes West
a distance of 130b38 feet; thence South 89 degrees 50 minutes 18 seconds
17est a distance of 60 feet; thence North 90 degrees 16 minutes East a
distance of 151.16 feet; thence North 90 depees 01 minute East a distance
of 1020.1 feet to the East line of- the Northwest 1/4 of Section 8, Township l16,
Range 21, thence North along said East line to the point of beginning.11
c
Section 2, This Ordinance shall be in full force and effect from and a€ter its
passage and publication according to law,
i
6/6/66
VARIOUS PETITIONS PRESENTED,
reviewed and referred to the Engineering Department for processing by motion of
Trustee MacHillan, seconded by Trustee Johnson and unanimously carried:
1, Blacktopping - York Ave, from W, 55th St, to W, 56th St,
2. Blacktop, Concrete Curb and Gutter
Mr, Hyde presented the following petitions which were
a,
b. W; 64th St, between Warren Ave. and Holborn Ave,
3, Oiling
a,. YorR Ave, from W, 55th St. to Dead End
b. Behton Ave, fronl Hansen Road to Dale Ave,
C.
&, Benton Ave, from Hansen Road to Dale Ave,
e, Sherwood Ave, from W1 65th St. to W, 66th St.
%, Parnell Ave, from 14, 65th St, to Crosstown Highway; Ryan Ave, from W, 64th St.
Creek .View I Lane between Limerick Lane and $00' East
Sally Lane and Sioux Trail
to W, 65th St,; Virginia Ave. €rom W. 64th St. to Crosstown Highway; W, 64th St.
from Ryan Aver to Virginia Ave,
gc York Aver from W, 55th St. to W, 56th St.
W, 64TH STREET BETWEEN
IMPROVEMENT NO. BA-81,
W, 64th Street between
WARREN AVENUE AND HQLBORN AVENUE TO BE ADDED T0.STREET
Warren and Holborn Avenues and at the suggestion of Mr, Rite,
Upon receipt of petition signed.by all property owners on
it was determined that this improvement should be added to Street- Improvement No, BA-81,
Trustee VanValkenburg then offered the following resolution and moved its adoption:
RESOLUTION DETERMINING THE SUFFICIENCY OF
A PETITION FOR AN IMPROVEMENT, ORDERING
CONSTRUCTION OF AN IMPROVEMENT, AND CON-
SOLIDATING THE .IMPROVEMENT IM STREET IMPROVEMENT
NO, BA-81
BE IT RESOLVED by the Council of the Village of Edina, as follows:
I, It is hereby found, determined and declared that there has been presented to
the Council a petition for construction of an improvement consisting of permanent
street surfacing and concrete curb and gutter on West 64th Street between Warren Avenue
and Holborn Avenue, which petition asks that the Council cause the improvement to be
constructed and the entire cost thereof assessed against abutting property.
further found, determined and declared that the petition bears the signatures of the
owners of all real property abutting upon the streets named therein, and the Council
is therefore authorized, without public hearing, to order the improvement, and the
improvement is hereby ordered to be constructed,
the improvement heretofore ordered and designated as Street Improvement No, BA-81,
with respect to which a construction contract has heretofore been awarded on a unit
price basis and the work thereon commenced, wherefore the Council is authorized,
without advertising €or bids, to authorize a change order in the construction contract
for Street Improvement No, BA-81 so as to include construction of the improvement
hepeinabove ordered at the same unit price if the cost of the additional work does not
exceed 25% of the original contract price,
that the conditions prescribed by statute for the authorization of such a change order
do exist, and the best interest of the Village and owners of property to be assessed
for the improvement hereinabove described will be best served by consolidating the
improvement hereinabove ordered with the improvement designated as Street Improvement
No, BA-81, and the improvements are therefore consolidated and the construction contract
for Street 'Improvement No, BA-81 hereby ordered to be changed to include the additional
construction work,
It is
2, The improvement hereinabove ordered to be constructed is of the same sort as
It is hereby found, determined and declared
Motion for adoption of the resolution was se
were five ayes and no nays and the resolu
ATTEST:
by Trustee Tupa and on rollcall there
BRAEMAR'S HILL-A-WAY ADDITION GRANTED PRELIMXNARY PLAT APRROVAL, Mr, Fredlund presentedt of Mr, Melvin Jensen, 6939 Valley View Road, for Preliminary Plat
approval for Braemar's Hill-a-Way Addition which is west of Mi, Roy Peterson's Braemar
Wills Addition,
by Planning Commission was seconded by Trustee Tupa and carried unanimously,
Trustee VanValkenburg's motion for preliminary approval as recommended
GRANTED LOT DIVISION FOR LOT 4, BLOCK 2, VALLEY VISTA ADDITION, Mr, Fredlund
Fesented the petition of Mr, J, C, Briggs for lot division of Lot 4, BZock 2, Valley
Vista Addition,
Commission was seconded by Trustee Tupa and carried,
Trustee 14acMillan's motion for approval as recommended by Planning
NORMAN,JOHNSON GRANTED LOT,DIVISION FOR LOTS 3 AND 4, BLOCK 1, COUNTRYSIDE ADDITION,
Upon racommendation of Planning Commission, Trustee Tupa's motion €or approval of lot
division for Lots 3 and 4, Block 1, Countryside Addition, was seconded by Trustee Johnson
and unanimously carried,
J 6/6/66
GEO-RGE VpN DOREN, JR, HEARING DATE SET for rezoning part.of Tract E, Registered
Land Survey No, ll.71, for purposes of constructing a car wash Tram C-3 Commercial
District to C-4 Commercial District by motion of Trustee Johnson, seconded by
Trustee Tupa and unanimously carried, ,
INDOOR TENNIS,, INC., PLANS APPROVED, Mr, Hite presented plans for Indoor Tennis,
Inc,, which will be Located at Xerxes AVee and M, 70th Stb Trustee MacMillan's
motion for approval as recommended by Planning Commission was seconded by Trustee
Johnson and unanimously carried.
RAUEflHORST. DEVELOPNENT PLANS APPROVED FOR CONTROL DATA AND ELLIOT SERVICES BUILDINGS ,
Mr. Hite presented plans for Control Data and Elliot Services Buildings which are
proposed to be constructed as one unit by Rauenhorst Development Corporation in
Edina Industhial Park,
the building .construction
recommended by the Planning Commission was seconded by Trustee Tupa and carried
unanimously,
Discussion ensued relative to the use of cement blocks,in
Trustee VanValkenburg's motion for approval .of plans as
GRAI\TDVJE)[,,.AREA PROJECT RIGHT-OF-WAY ACQUISITION DISCUSSED a tSr, Hyde advised Council
that attempts are being made to acquire additional right-of-way for the link road
between Eden Ave. and T,H, 169, He stated that meetings had been held with Super
America, a subsidiary of Northwest Refinery, who has an option to purchase the
property northeast of the Standard Station and south of Krogers, a portion of which
is necessary for the link road. Super America has indicatedthat they will have to
be compensated on a square foot cost of approximately $2.00 a square foot and Shell
Oil has also indicated that they will not be interested in dedicating any right-of-
way, Kroger has previously expressed willingness to provide right-of-way,
stated that the frontage road is not essential to the over-all project, but the
link road is and should be developed regardless of the frontage road, Nr, Arnold
Hammond, representing Super America, stated that this property has been appraised
by two professional appraisers at $2.50 and $2,25 per square foot, Both appraisers
indicated that the property is worth the same amount both before and after the
improvement because of the reduction of the property in size after the improvement
has been made,
excessive and stated that he would like to hwe the discussion continued until
after the Village Attorney has an opportunity to study the possible methods of
assessing the cost of the improvement,
matter be continued was then seconded by Trustee Tupa and unanimously carried.
ELECT-IST-RICT BOUNDARY CHANGE AUTHORIZED,
petition had been submitted which requested that the boundary between Districts 2
and 5 be changed from Valley View Road to the Crosstown Highway between Highway
100 and 14ildred Avenue,
and moved its adoption:
blr, Hite
Mayor Bredesen'stated that he believes that this appraisal is
Tmstee VanVaLkenbwg's motion that the
Mr, Hyde recalLed to Council that a
Trustee Macl4illan then offered the following resolution
RESOLUTION CHANGING VOTING PRECINCT BOUNDARY
BETWEEN VOTING PRECINCTS 2 AND 5
WEREAS, the area presently located in Edina Voting Precinct No. 5 which lies
north of the Crosstown Highway, west of T,H, 100 and southeast of Valley View Road
is geographically located in Voting Precinct Nor 2, and
VHEREAS, a request has been made to th eEdina Village Council that this area
be removed from Ppecinct No, 5 and placed in Precinct No, 2,
NOW, THEREFORE, BE IT RESOLVED by the Edina Village Council that that area which
lies north of the Crosstown Highway, west of TIH, LOO and southeast of Valley View
Road be and hereby is now transferred from Voting Precinct Ho, 5 to Voting Precinct
Motion for adoption of the resolution was sec
there were five ayes and no nays and the reso
ATTEST :
NO, 2b
pa and on rollcaLl
Trustee Johnson then suggesfed that the boundaries of dl voting precincts should
be further studied before 1967 elections and was assured by Mr, Hyde that 'chis
would necessarily be done as new areas are developing rapidlyb
CAT LEASHING ORDINANCE REFERRED FOR FURTHER STUDY, Mr. Hyde advised Council that he
wkkd into the possibility of adoption of a cat leashing ordinance and had €ound
that relatively few cities attempt control because*of the difficulty of enforcementr
Trustee VanValkenburg's motion to.defer the matter for further study was seconded
by Trustee Johnson and carried.
3 6/6/66
HOPKINS- SANITARY SEWER CONTRACT DISCUSSED,
Sanitary Sewer Contract between Edina and Hopkins has been submitted for approval,
Hr. Hyde stated.that a copy of the proposed
The
contract has been referred to the Village Attorney for suggestions and revisions of a
technical nature before returning it to the City of Hopkins,
far the sewer is from capacity at the present time and was told by Mr, Hite that there
are too many unpredictable factors to make an estimate at this time, but that capacity
certainly would be reached within ten yearsl
KARL KRAHL MINING PERMIT HEARING DATE SET, Mr. Hite presented request of Mr, Karl Krahl
for a Temporary Excavation District and Mining Permit for property at the southwest corner
of Highway l69-212 and Gleason Road,
for June 20 was seconded by Trustee Tupa and unanimously carried,
STOP SIGN REQUEST FOR PEACEDALE AND W. 62ND ST, DISCUSSED, Mr, Hyde advised Council that
a police survey of traffic conditions at Peacedale Aver and W, 62nd'St. had been
completed as requested by area residents and that it is the opinion of Chief"Bennett
and Captain Merfeld that; no sign is necessary,
it was informally agreed to continue the survey and reconsider the matter at a later
date.
Trustee Johnson asked how
Trustee VanValkenburg's motion setting hearing date
A-Eter hearing tabulation of the sumrey,
MORNINGSIDE RESOLUTION TO ST, LOUIS PARK SCHOOL DISTRICT #283 'CONTINUED,
of Morningside was present to request that the Edina Council confirm the resolution
adopted by the Morningside Village Council which requested that the St. Louis Park SchooL
Board desist from consjxxcting a school playground on a 1.7 aore tract which it owns in
the Village of Morningside, Mr, Hyde stated that the property should be held for storm
sewer drainage until the study now under way between St. Louis Park, Morningside and
tfinneapolis relative to storm sewer facilities is completed, Trustee Johnson inquired.
as to the Liability of the St, Louis Park Skhool Board if flooding resulted because of
construction of the playground. Zt was informally agreed to continue discussion in.
order to give the Village At~orney an opportunity to check into the matter and also
to see what action the School. Board takes at its next meeting,
Mrs, tilacDonald
FISHER CONSTRUCTION COMPANY request to continue operations on road construction until
3O:OO P.M. on the Crosstown Highway was unofficially noted. Further action will be
taken if complaints are received relative to the noise,
BRAEMA,R GOLF COURSE OPERATING AT A PROFIT THROUGH MAY 31.
progit is being shown for 1966 Braemar.Golf Course operations to May 31.
Mr, Hyde announced that a
MALIBU DRIVE NAME CHANGE REQUEST POSSIBLE, Mr. Hyde stated that the Post Office had
been contacted relative to the possibility.of changing the name of "Malibu Drive" to
"DeVille Drive" and that if the Village is approached, a public hearing may be held.
DAVIS PROPERTY RECLAIMED.
retained by the family,
Mr, Hyde informed Council that the Davis property has been
ORDJlJANCE NO-... Ordinance No, 28 which regulates licensing
of theaters was presented for discussion by Mr. Hyde. Trustee PlacT4illan then
offered Ordinance No, 28 for first reading as follows:
RANTED FIRST READING,
ORDINANCE NO, 28
AN ORDINANCE REGULATING
THEATERS A;?D BEQUIRING THAT
THEY BE LICENSED; PROVIDING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. License Required, No person shaLl engage in the business of
operating a theatre for the showing of motion pictures, plays, musicals,nconcerts
or other entertainments without first having obtained a license hereunder.
Sec, 2, License Procedure and Control; Penalties, The provisions of
Ordinance No, 20 of the Village, including the penalty provisions thereof, shall
apply to all licenses required by this ordinance and to the holders of such licenses. __ - Sec, 3, elication for License, The applicant for a License shall disclose
upon or attach to the form of app3ication the following information:
(a) His name and business and home address, or) if the applicant is a
partnership, association or corporation, the name and address of such partnership,
association or corporation;
of all partners; if the applicant is an association OP corporation, the names and
business and home addresses of the majority of the owners thereof;
(b) If the applicant is a partnership, the names and business and home addresses
(c)
(d)
The address of the theater; and
A plan of the theater, drawn to scale, showing the number and arrangement
of seats, the width of aisles, the location and a description of standpipes and fire
extinguishing equipment, the location of exits, the width and location of alL doors, the
Location and arrangement of toilet and washing facilities, and (if the theater has a
moving picture projection booth) a description of all means taken to make it fireproof-
6/6/66
Sec. 4. License Fee. The fee for the license required by this ordinance
Sec. 5. Fire Protection, Every theater and equipment therein shall. comply
shall be $100 per annum,
with all the applicable requirements for protection against fire contained in I-linnesota Statutes, Sections 74,05, 75,OL and 75.04 through 75.19. I.
Sec. 6. Health Precautions. Every theater and equipment therein shall comply
with all of the applicable requirements for protection of health contained in
Minnesota Statutes, Sections 182.29 to 182,47. I I
be responsible for thesmaintenance of good order on his premises, and shall provide
a sufficient number of ushers and attendants to eject persons who misconduct them-
selves by rude, boisterous or offensive behavior,'shouting, pushing, or use of obscene
or insulting language,
to exercise all reasonable means of maintaining good order shall be deemed a violation
of this ordinance,
Sec. 8, Enforcemerit and Inspection, The enforcement of the provisions of
Section 5 shall be the responsibility of the Bureau of Fire Prevention of the Village;
enforcement of the provisions of Section 6 shall be the responsibility of the Health
Officer or his deputy or of the Public Health Sanitarian or his deputy; and the
enforcement of the provisions of Section 7 shall be the responsibility'of the poLice
officers of the Village.
this ordinance shall be permitted access to any part of a theater whenever a showing,
performance or other entertainment is in propess.
Any person who violates or fails to comply with any 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 tombe added. Such penalty may be imposed in addition to
suspension or revocation of license.
Section LO. This ordinance shall be in full €orce and effect upon its passage
and publication,
Sec. 7, Good Order on Premises,. The owner or operator of any theater shall
I Failure on the part of the owner or operator or his employees
All officers of the Village charged with enforcement of
Sec. 9. Penalty,
ORDINANCE LO . 124-1 HELD FOR FURTHER DISCUSSION.
for the licensing of public or semi-public swimming pools was presented by Mr. Hyde
Ordinance No , 124-i which provides
and held over for clarification as to the defining of "public" and 'lsemi-public,lr
PAPER TO BE PURCHASED WITH EDINA-l*iORNLNGSIDE SCHOOLS.
purchase a thousand reams of paper with the schools in the interest of economy was
approved by motion of Triustee Tupa, seconded by Trustee l4acMillan and unanimously carried
LIQUOR. FUND BALANCE SHEET as of IeIarch 31, 1966, was submitted, reviewed and ordered
placed on file by motion of Trustee NacMillan, seconded by Trustee Johnson and
unanimously carried.
Request of Nr. Dalen to
TREASjJRE>RR'S REPORT as of April 30, 1966, was presented by Mr, Dalen, reviewed and
ordered placed on file by motion of Trustee t.iacIrIillan, seconded by Trustee Tupa and
unanimously carried.
TRUCKSTER FOR GOLF COURSE APPROVED. ldr. Dalenrs request to purchase a Truckster for
use at the golf course in the amount 05 $1,255 and which is included in the 1966
Budget was-approved by motion of Trustee VanValkenburg, seconded by Trustee Tupa and
carried ,
BLACK DIRT PURCHASE APPROVED.
dirt from low bidder, J. A, Danens and Son was approved by motion of Trustee Johnson,
seconded by Trustee Tupa and cmried.
CLAIMS PAID.
per Pre-List dated June 6, 1966, was seconded by Trustee MacMillan and carried:
General Fund, $10,057.23; Construction Fund, $l,059.80; Park, Park Construction,
Swim Pool, Arena & Golf Course, $14,570.98; Water Fund, $2,152.56; Liquor Fund,
$82,788.80; Sewer Rental Fund, $89.10; Poor Fund & J,S&D* 1, $751.33; Total,
$111,469 , 80 ; and additional claims for May as follows :
$191.50; Monroe Company, $253,61; Standard Oil, $3,107.40; Black Top Service Company,
$3,975.37*
has no connection with the Village Plumbing Inspector, Robert Bahneman.
Y
Request of Hr, Dalen to purchase 1,500 yards of black
Trustee VanValkenburg's motion for payment of the following Claims as
Treasurer, City of H'Iinneapolis
Trustee VanValkenburg requested that it be noted that the Bahneman Company
The agenda having been covered, Trustee Johnson's motion for adjournment was seconded
by Trustee VanValkenburg. Meeting adjourned at 9 :lo P .I-I.
Village. Clerk