HomeMy WebLinkAbout19661205_regular12/5/66
I MINUTES OF THE REGULAR MEETING OF THE
I .-#%. .: :I,,,L~,. I, EDIN4 YLLLAGE COUNCIL HELD AT THE VILLAGE HALL' .
WONDAY, DECEMBER&, 119$6. IT 7 - . ,I: : YC :,t 1-
Nembers answering Rollcall were Trustees Johnson,,MacMillan, Tups,-VanValke@urg
and Mayor Bredesen. t
MINUTES of the Regular Meeting of November 21, 1966, were approved as corrected by
motion of Trustee Johnson, seconded by Trustee Tupa and carried. Correction was
that the words '?Storm Sewer" on page 251 of this Minutes Book in the "Resolution
Providing for Public Hearing on Village Watermain" be changed to "Watermain."
,I WATERMAIN IMPROVEMENT NO . 210 APPROVED AT PUBLIC HEARING . Affidavits of Publication
in the Edina Courier on November 23 and December 1, 1966, and of Mailing to affected
property owners on November 25, 1966, were approved as to form as submitted by Clerk
and ordered placed on file.
conducted and action taken by Council as herein recorded:
CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING:
Pursuant to due notice given, public hearing was
Josephine Avenue from West 65th Street to West 66th Street
West 66th Street from Josephine Avenue to Tingdale Avenue
Wilryan Avenue from West 65th Street to West 66th Street
Mr. Hyde presented estimated construction cost at $32,323.79, with an estimated
assessment cost of $950.70 per connection, payable in ten annual instal'lments.
advised that this hearing had been initiated by Council because of a rep'ort from
Twin City Testing and Engineering Laboratory, Inc., indicating that the water supply
at the residence of Edward B. Chapman, 6600 Normandale Road, was unsafe for drinking
purposes. Subsequent tests of the water by the Village have proved that this report
was not accurate and that because the water is now considered safe for drinking, there
is presently no emergency. Because estimated construction cost presented in the
published and mailed notices had been figured to include cost of winter construction,
the cost would be reduced by approximately 10% if the work could be done in warm
weather.
few streets remaining in the Village with only temporary oil surfacing and that all
utilities must be in before permanent street surfacifig can be installed.
a letter from Mr. Roger J. Lobnitz, 6524 Wilryan Avenue, who requested that watermain
and permanent street surfacing both be installed as soon as possible. Mr. C. A. Emmel,
6525 Wilryan Avenue, and Mr. C. J. Bangs, 6517 Wilryan Avenue, questioned the estimated
cost of the improvement, stating that comparison of charges of Golden Valley and
Lexington Village showed that watermain construction in those municipalities was much
less expensive.
high side and.that some municipalities finance improvements partially from General
Funds or charge part of the improvement cost to the cost of the water. He advised
further that cost of Edina water is seventh lowest in Minnesota. Mr. Eugene S. Hauser,
5045 West 66th Street, presented a statement signed by owners of twenty-two properties
protesting installation of the watermain.
questioned how the watermain could be installed when the grade of the proposed service
road along T.H. 100 had not been established.
will be no change in the location of the road and that it is a relatively simple
matter to move the mains up or down. Mr. Hite also stated that the grade of the
service road will probably be established by the time this improvement will be installed.
HI?. John Loegering, 5101 West 66th Street, suggested that dwellings on West 66th Street
could hook into an existing watermain with less expense.
that water should go through a minimum of two loops in order to maintain high standards
of water quality.
engineering and clerical costs were added to the estimate. He was advised by Mayor
Bredesen that these costs have always been charged in this manner and that it would
not be fair to other Edina property owners who had already paid such charges to have
this now charged against General Funds. Mrs. R. G. Konzelman, 6529 Wilryan Avenue,
stated that inasmuch as 95% of the property owners oppose the construction of the
watermain, she did not think that it should be installed. Mayor Bredesen replied
that in view of the fact that this area is one of the few in Edina without permanent
surfaced streets, he would recommend that Council approve construction of the watermain
pending approval of street surfacing, which hearing should be held within two years.
Mr. Hauser inquired where sanitary sewer will be installed to serve the dwellings on
West 66th Street.
rear of these lots and assured him that it would not be necessary to tear up the street
to serve this property.
long it would take to have water installed in the event that a well ran dry.
explained that it can never be determined in advance just how soon a well will go out
and for this reason the Village feels that water should be available in this area.
Discussion ensued relative to method of assessi*g vacanttproperty. It was pointed
out that a connection has been assigned to each piece of property that is capaljle
of supporting a dwelling and that each connection will decrease the individual cost.
Mr. Hauser asked why oiled streets should be a drain on the General Funds of the Village
and was told by Mr. Hyde that a more orderly job could be done on street maintenance if
He
Mr. Hyde further advised that Josephine and Wilryan Avenues are two of the
He presented
I Mr. Hy4e pointed out that Edina estimates are always kept on the
'
,
Mr. W. C. Pederson, 6516 Normandale Road,
He was advised by Mr. Hite that there
He was advised by Mr. Hite
Mr. John Phillips, 4524 West 70th Street, questioned the fact that
D Mr. Hite advised that he would expect the sewer to come from the
Mr, Ernest C. Lawrence, 6521 Wilryan Avenue, inquired how
Mr. Hyde
12/5/66 f 259
I
m
Village crews did not have to stop seal coating work to take care of scattered oiling
jobs.
holes that develop in these streets. In reply to a question from Mr. Roy A. Holt,
6524 Josephine Avenue, as to the type of subsoil, Mr. Hite advised that the longer
the period between installation of watermain and the surfacing of the streets, the
better the results will be.
in the event they-have trouble with their wells.
that in view of the fact that permanent surfaced streets must be installed in this
area, residents should count on water being installed within the next twenty months.
Stipulating that watermain installation would be contingent upon approval of
construction of permanent street surfacing, Trustee VanValkenburg then offered the
following resolution and moved its adoption:
He also pointed out that additional expenses are incurred in repairing chuck
Residents were advised to inform the Village immediately
Mayor Bredesen stated that he feels
-
RESOLUTION ORDERING WATERMAIN IMPROVEMENT NO. 210
BE IT RESOLVED by the Village 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
improvement:
CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN:
Josephine Avenue from West 65th Street to West 77th Street
West 66th Street from Josephine Avenue to Tingdale Avenue
Wilryan Avenue from West 65th Street to West 66th Street
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
improvement including all proceedings which may be necessary in eminent domain for the
acquisition of necessary easements and rights for construction and maintenance of
such improvements; that said improvement is*hereby designated and shall be referred
to in all subsequent proceedings as ...
WATERMAIN IMPROVEMENT NO. 210
and the area to be specially assessed therefore shall include Lots 1 through 16,
Block 1, Orrin E. Thompson's Edina Addition; Parcel Numbers 500, 2510, 3000, 4000,
Section 4, Township 116, Range 21; the North 45' of Lot 13 through Lot 24, Block 15
and Lots 9 through 12, Block 17, Normandale Second Addition; Lots 1 through 5, Block 1,
Hirsch Brothers First Addition.
Motion for adoption of the resolution was
there were five ayes and no nays and the
ATTEST :
:3Jp,,, , _*_ _. b8 -/LLUL&.* D Village Clerk
ALLAN GARRISON REZONING REQUEST APPROVED.
Garrison for Second Reading for zoning change for property north of Valley View Road
between County Road 18 and the Edina Village boundary from Open Development District
to Planned Industrial District, First Reading having been conducted on November 7,
1966;
is the best use for this land, Mayor Bredesen stated that in view of similar zoning
established for the adjacent property in Eden Prairie, he thinks that this zoning is
the best interest of all concerned.
Trustee VanValkenburg offered the following ordinance for Second Reading and moved
Mr. Hite presented request of Mr. Allan
In reply to Trustee Johnson's question as to whether Planned Industrial zoning
No further discussion was offered, whereupon
its adoption: ORDINANCE NO. 261-140
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS:
Section 1. Paragraph 2, "Boundaries oi Planned Iidustrial District" of Section LO
(Planned Industrial District) of Ordinance 261 of revised ordinances of the Village of
Edina, as amended, is hereby amended by adding after subparagraph (m> of said
paragraph 2, the following subparagraph:
"(n) That part of Lot 10, Auditor's Subdivision No. 196 lying West
of New County Road 18 and North of the South 400 feet thereof.
Outlot One (l), Sioux Trail Addition.
That part of the Northwest 1/4 of Section 7, Township 116,
Range 21 lying West of New County Road 18 and North of the
center line of County Road 39, except road."
Section 2. This Ordinance shall be in full force and effect from and after its
passage and publication according to law.
Motion for adoption of the ordinance was
there were five ayes and no nays and the
ATTEST:
Motion for adoption of the ordinance was
there were five ayes and no nays and the
ATTEST:
E, 54) ;&&y &LSL $2
Village Clerk
second& Trustee Johnson and on rollcall
12/5/66
DAN I?* GENDREAU WITHDRAVS REQUEST FOR R-2 ZONING.
Mr. Dan M. Gendreau has withdrawn his request for zoning change from Open
Mr. Hite advised Council that
Development District R-1 to R-2 Multiple -Residence DistEict fir Lots 1, 2 , and 3,
Block 7, Stow's Edgemoor Addition.
EDINA PLAZA CORPORATION ZONING CHANGE GRANTED FIRST READING. Affidavits of Publication
'iT1 the Edina Courier on November 23 and of Mailing on November 25, 1966, were presented
by Clerk, approved as to form and ordered placed on file.
of Edina Plaza Corporation for rezoning from R-1 District (Single Family) to Planned
Indistrial District for Lot 1, Block 4, Edina Interchange Center Addition. Mr. Hite
stated that this property which is bounded by Cahill Road on the west, Dewey Hill
Road on the north, West 76th Street extended on the south, and the M.N. E S. Railroad
tracks.on the east, is all that remains in that area which has not been rezoned to
Planned Industrial District.
Trustee Tupa offered Ordinance No. 261-141 for First Reading as follows:
Mr. Hite presented petition
I No persons appeared to object to the rezoning, whereupon
ORDINANCE NO. 261-141
AN ORDINANCE AMENDING ORDINANCE NO. 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING AN ADDITIONAL PLANNED INDUSTRIAL DISTRICT
TH% VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 2, IIBoundaries of Planned Industrial District" of Section LO
(Planned Industrial District) of Ordinance 261 of revised ordinances of the Village
of Edina, as amended, is hereby further amended by adding after subparagraph (n) of
said paragraph 2, the following subparagraph:
"Co)
Section 2.
Lot One (l), Block Four (41, Edina Interchange Center Addition"
This ordinance shall be in full force and effect from and after it
passage and publication according to law. c
Notion for adoption of the ordinanFe was sec
there were five ayes and no nays and the ordi
ATTEST : 4. YJLL~~
Village Clerk
SNOWMOBILE OPERATTON IN R-1 ZONING DISTRICT TABLED.
November 22 and of Publication in the Edina Courier on November 23, 1966, were
presented by Clerk, approved as to form and ordered placed on file.
Nomandale Sno Fun, Inc., Mr. Hite presented an ordinance providing for additional
accessory uses in the R-1 Residential District for consideration of Council which
would permit operation of a snowmobile business on private golf courses. Mr. Hite
stated that, while this ordinance amendment had not been considered at a regular
meeting of the Planning Commission, all members had been polled and they have
hdicated that they.fee1 this use inapproprzate in a residential area.
Trimmer stated that Mr. Gary Peterson, Manager of Normandale Golf Course, had spoken
to Mr. Hyde and had been given to understand that there would be no problem in
obtaining permission to operate this business if the neighbors had no objection.
Fir. Trimmer further stated that he had been advised that the Planning Commission
did not favor the rezoning even before members had been polled. Mr. Hite stated
that two members had been polled at the time this statement had been made and that
he made and that he had made it clear in conversation with Mr. Nevers that this was
not a legal use in the R-1 Residential District. Mr. Gordon Nevers stated that the
noise of a snowmobile is no more objectiongble thah that of an outboard motor.
Mayor Bredesen replied that in his opinion the noise of a snowmobile is objectionable
and that he would not favor any action which would allow this type of facility in a
residential area.
those shared by Normandale Sno Fun officials and that if a facility of this type is
allowed in one location, it cannot be denied in other comparable area;,
Johnson stated that it is difficult to evaluate an operation of this type without seeing
it in operation.
by Trustee VanValkenburg and unanimously carried.
LOT 1. BLOCK 1. BLANCHE ADDITION EASEMENT VACATED.
Affidavits of Posting, Publication ana of Mailing by Clerk, Nr, Hite advised Council
that-the Village Attorney had recommended a new hearing on vacation of certain portions
of easements in fa%- 1, Block 1, Blanche Addition, in order to comply with State Statutes
Previous action had been taken 6Y Council on August 15, 19664 after itahad been determined
that a portion of the easement is no longer needed by the Village. then offered the following resolution and mo&d its adoption:
Affidavits of Posting on
Upon request of
Mr. Donald
Trustee VanValkenburg stated that Council has concerns other than
Trustee
He then moved that the matter be tabled, which motion was seconded
Following presentation of
Trustee VanValkenburg
12/5/66 261
RESOLUTION VACATING EASEMENT IN
LOT 1, BLOCK 1, BLANCHE ADDITION
WHEREAS, two week's published and posted Notice of a Hearing to be held on December 5,
1966, at 7:OO P.M. on the proposed vacation of the utility easement hereinafter
described has been given and made, and a Hearing has been held thereon by the Village
Council ;
NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina,
Hennepin County, Minnesota, that the following described easement in *Lot 1, Block 1,
Blanche Addition, as shown on recorded plat thereof, Hennepin County, Minnesota, be
and is hereby vacated effective January 10, 1967, unless on or before said date
this Resolution is amended, annulled or rescinded by the Village Council:
The North 5 feet of the West 134.45 feet of the North 45 feet
of Lot 1, 'Block 1, Blanche Addition.
2/20/67)
(See correction in Minutes of
Motion for adoption of the re-solution was sec and on rollcall
LOT 14, BLOCK 1, OTTO'S THIRD ADDITION EASEMENT VACATED.
Posting and Mailing were presented by Clerk, approved as to form and ordered placed
on file. Mr. Hite advised Council that vacation of the easement has been requested
by Mr. Frank Cardarelle in order to increase buildable width of Lot 14, Block 1,
Otto's Third Addition and that this portion of the easement is no longer required
by the Village.
its adoption:
Affidavits of Publication,
Trustee VanValkenburg then offered the following resolution and moved
RESOLUTION VACATING SANITARY SEWER EASEMENT IN
LOT 14, BLOCK 1, OTTO'S THIRD ADDITION
WHEREAS, two week's published and posted Notice of a Hearing to be held on December 5,
1966, at 7:OO P.M. on the proposed vacation of the sanitary sewer easement hereinafter
described has been given and made., and a Hearing has been held thereon by the Village
Council :
NOW, THEREFORE, be it resolved by the Village Council of the Village of Edina,
Hennepin County, Minnesota, that the following described easement in Lot 14, Block 1,
Otto's Third Addition, as shown on recorded plat thereof, Hennepin County, Minnesota,
be and is hereby vacated effective January 10, 1967, unless on or before said date
this Resolution is amended, annulled or rescinded by the Village Council:
The Westerly 15 feet of the East 20 feet of the South 80 feet
of Lot 14, Block 1, Otto's Third Addition, according to the
recorded plat thereof.
.'*
there were five ayes and no nays and the r
DUMP AND BOX TRUCK BID AWARDED. Affidavit of Publication in the Construction Bulletin
and in the Edina Courier was presented by Clerk, approved as to form and ordered placed
on file.
bidder for two 27,500 lb. Dump and Box Trucks at $4,846.00 and $4,546.00; Suburban
Chevrolet second low bidder at $5,036.07 and $4,627.07; Midway Ford third low bidder
at $5,344.00 and $4,594.00 and Jordan Ford high bidder at $5,823.00 and $5,523.00.
Trustee Johnson's motion for award of bid to recommended low bidder, Freeway Motors,
was seconded by Trustee VanValkenburg and carried.
Mr. Hyde presented tabulation of bids which showed Freeway Motors low
LLOYD MILNER APPEAL CONTINUED TO JANUARY 9. Mr. Hite advised Council that on
November 17, 1966, the Board of AdDealS and Adjustments had denied a Detition of
Mr. Lloyd Milner,'6629 Dakota Traii, for a frokt yard setback variance and that
Mr. Milner is now appealing this decision.
of a carport between the Milner residence and Dakota Trail, construction of which had
been started without obtaining a building permit. Mr. John Rice, Attorney retained
by Mr. Milner, stated that it is necessary for Mr. Milner to have an additional garage
for his third car and that because of the terrain of his property, this is the only
place that the carport could be built. "Mr. Rice showed pictures of the house and
the carport and stated that Mr, Milner was now asking to build a garage which will be
the same style as his house. He presented a statement signed by five property owners
stating that they do not have any objection to construction of the carport. Mr, Hite
advised Council that the Board of Appeals and Recommendations was of the opinion that
there was not a hardship present but only a convenience to the present property owner
and that only a demonstrated hardship would be grounds for a variance.
VanValkenburg stated that Board of Appeals had been advised that the variance was
necessary so that Mr. Milner could reach his place of employment at the airport and
that this is not a valid reason for granting the variance. Discussion ensued as to
Variance request is for construct5on
Trustee
12/5/66
the grade of the property.
the first meeting in January in order that Council.would have an opportunity to inspect
the location was seconded by Trustee Johnson and carried.
WALNUT DRIVE PETITION FOR PERMANENT STREET SURFACING AND CURB from Aspen Road to
Nine Mile Creek was received, reviewed and referred to the Engineering Department
for programming.
Trustee Tupa's motion that the matter be continued to
EDEN PRAIRIE SANITARY SEWER CONTRACT TO BE SUBMITTED TO MINNEAPOLIS FOR APPROVAL.
Mr. Hyde stated that the engineering plans for the Eden Prairie Sanitary Sewer ,
interconnection had been approved by both Eden Prairie and Edina.
would be temporary until1971.
Minneapolis that, as prime contractor, *it is incumbent upon,the.Village to draw up
the agreement and submit it to Minneapolis for approval. Trustee Tupa's motion to
proceed with securing approval from Minneapolis was seconded by Trustee VanValkenburg
and carried.
This system
He further' stated that he had been advised by .
D. H. OBERMYER COMPANY LANDSCAPING PLAN REFERRED TO PLANNING COMMISSION. Mr. Hite
advised Council that Planning Commission minutes had never indicated amroval of
the landscaping plans for the Obermyer Warehouse in Edina Interchange :^enter.
Trustee Johnson's motion that plans be resubmitted at Planning Commission Meeting
of December 7 was seconded by' Trustee MacMillan and carried.
LOTS 1 AND 2, WARDEN ACRES (LOTS 1 THROUGH 4, J. AND J. ADDITION) EASEME'NT RE'LEASED.
Mr. Hyde advised Council that a request had been received for vacation of an easement
for public road purposes in Lots land 2, Warden Acres, which property has been
replatted as Lots 1 through 4, Block 1, J. and J. Addition, and that upon advice of
the Village Attorney, no public hearing was necessary for this particular vacation.
Whereupon Trustee Tupa offered the following resolution and moved its adoption:
RESOLUTION APPROVING VACATION OF EASEMENT IN
LOTS 1 AND 2, WARDEN ACRES
WHEREAS, "the Village of Edina did acquire an easement for publzc road purposes
in and to the East 30 feet of the East 1/2 of Lots 1 and 2, llWarden Acres, Hennepin
County, Ninnesotall by document dated June 18, 1953 and filed December 22, 1953 in
Book 1986 of Deeds, Page 58, office of the Register of Deeds, Hennepin County,
Minnesota; and
rights in and to land adjoining said East 30 feet, which rights are described in said
easement as follows: I WEREAS, by said easement document the Village of Edina was also given additional
ll... and the Village of Edina shall have the right to use and remove all
earth and other material lying upon the land adjoining the parcel hereby
conveyed, such as portable snow fences during suhh months as weather
conditions make necessary.11; and
WHEREAS, the Village of Edina has been requested to release its interest in and
to the land adjoining siad highway easement being the interest above.quoted and the
Village has determined that it no longer has need of such interest and right above
quoted.
NOW, THEREFORE, the Village of Edina does hereby release any and all interest
which it may have in and to that part of the East 1/2 of Lots 1 and 2, Warden Acres,
Hennepin County, Minnesota" lying Vest of the East 30 feet of said lots by virtue of
the language quoted above and contained in the easement referred to above.
Notion for adoption of the resolution was seco
there were five :ayes and no nays and the resol
ATTEST :
Village Clerk
STOFM SEWER IMPROVEMENT NO. 90 SUIT INSTIGATED.
has been instigated by Richard P. and Helen Mahoney and by Thomas E. and Merle G. Ashley
relative to special assessments levied against their properties for Storm Sewer No., 90.
The Village Attorney has been advised of this action.
DECEMBER 19 COUNCIL MEETING POSTPONED.
by Trustee Tupa and carried unanimously, the regular meeting of December 19, 1966,
Mr. Hyde advised Council that suit
I Upon motion of Trustee VanValkenburg, sEconded
- was changed to December 29, 1966, at 4:30 P.M.
SALARY SCHEDULE FOR 1967 CONTINUED TO DECEMBER 29.
Council relative to requests of the union and stated that "even though the union acquiesced
Mr.' Hyde presented a memorandum to
to the' general wage levels proposed for 1967, there were certain other adjustmentsthat
they felt were in order, only one of which he considered justified.
ensuing discussion between Mr. Robert McPherson, union representative, and members of
the Council, May'or Bredesen stated that he would like the opportunity to check the salary'
schedules of other municipalities, whereupon Trustee Tupa's motion to continue the
matter to meeting of Deceder 29 was seconded by Trustee VanValkehburg and carried.
Following the
12/5/66
PARK VANDALISM REWARD SET AT $200.
had taken place in Village park tacilities over the past several months and stated
that the Park Board had recommended that a reward of $100 be offered for information
leading to the arrest and conviction of guilty parties.
he had been told that witnesses often hesitate to report cases of vandalism for
fear of reprisals from the vandals.
in apprehending those responsible for damage and stated that he considers $100 a
very cheap price to pay to reduce, if not eliminate the vandalism that is occurring.
Stating that he thinks that $200 would be more of an incentive for reporting acts
of vandalism, Trustee VanValkenburg offered the following resolution and moved its
adoption:
Mr. Hyde advised Council that extensive vandalism
Mayor Bredesen stated that
He emphasized the responsibility of all citizens
&SOLUTION ESTABLISHING REWARD FOR INFORMATION
LEADING TO CAPTURE AND CONVICTION OF VANDALS
hereby offered in the amount of $200 for information leading to the capture and
BE IT RESOLVED'by the Village Council of the Village of Edina that a reward is
conviction of those responsible for acts of vandalism to Village owned property.
Motion for adoption of tfie resolution
there were five ayes and no nays and
ATTEST:
I Village Clerk
TREES TO BE PURCHASED FOR GOLF COURSE. Mr. Hyde recommended continuation of the
program started last spring for planting of additional trees at Braemar Golf Course.
Trustee VanValkenburg's motion authorizing expenditure of $1,900 for purchase of
trees from Morten Arneson and $1,900 from Bailey Nursery was seconded by Trustee
MacMillan and carried.
MORNINGSIDE FINANCIAL REPORT as of September 1, 1966, was presented to Council
for review by Mr. Hyde who stated that the report does not reflect the October
tax settlement which was due and that the audit has not as yet been completed.
ORDINANCE NO. 117B ADOPTED AT SECOND READING. Mr. Hyde presented Ordinance No. 117B
which divides the Village into three different Fire Zones in accordance with provisions
of the Uniform Building Code, First Reading for which was held on November 21; 1966.
Trustee VanValkenburg then offered Second Reading for Ordinance No. 117B as follows
and moved its adoption:
ORDINANCE NO. 117B
AN ORDINANCE CREATING AND
ESTABLISHING FIRE ZONES, REPEALING
ORDJNANCE NO. 117A
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Fire Zones Established. For the-purposes of Village Ordinances
Nos. 51B (Building Code) and 113 (Burning of Trash and Garbage), the Village is
hereby divided into Fire Zones Nos. 1, 2-and 3, in ac'cordance with the pro&ions
of the Uniform Building Code. - FIRE ZONE ONE
Fire Zone One consists of the following described property:
~ A. Commencing at the Northwest corner of the Southwest 1/4 of Section 29,
Township 28, Range 24 (being the intersection of France Avenue South
with West 66th Street); thence South along the West line of the
Southwest 1/4 of said Section 29 to the centerline of West 69th
Street; thence East along the centerline of West 69th Street to the
centerline of York Avenue; thence Northerly along the centerline of
York Avenue to the North line of the Southwest 1/4 of said Section 29;
thence West along the North line of the Southwest>l/4 of said
Section 29 to the point of commencement.
Commencing at the Northeast corner of the Southeast 1/4 of Section 18,
Township 28, Range 24; thence South along the East line of the Southeast
1/4 of said section 18 (being the centerline of France Avenue) to
the East extension of the North line of Lot 56, Auditors Subdivision
No. 172; thence West along the North line of said Lot 56 and the
East extension thereof a distance of 496.12 feet to the Southeast
corner of Lot 54, Auditor's Subdivision Number 172; thence North along
the East line of said Lot 54 and the North extension thereof a distance
of 264 feet to the North line of Lot 41, Auditor's Subdivision Number 172;
thence West along the North line of said Lot 41 and the West extension
thereof to the centerline of Halifax Avenue; thence North along the
centerline of Halifax Avenue to the East extension of the South line
of Lots 1 and 2, Block 1, Stevens 1st Addition; thence West along
the South line of said Lots 1 and 2, and the East extension thereof
a distance of 230.62 feet to the Southwest corner of said Lot 2;
thence North along the West line of said Lot 2 and the North extension
thereof to the North line of the Southeast 1/4 of Section 18, Township 28,
B.
12 /5 /6-6
Range 24 (being the centerline of West 50th Street); thence Vest
along.the North line of the Southeast 1/4 of said Section 18 a
distance of 105 feet to the South extension of the FJest line of,
Block 1, Lund'Kruse Addition; thence North along the West line of
said Block 1 and the South and North extensions thereof to the
Southeast corner of Lot 1, Block 4, South White Oaks'Addition; thence
East along a line parallel with, 82.26 feet South of, and measured
at right angles to, the centerline-of West 49th Street to the East
line of the Northeast 1/4 of of said Section 18 (being the centerline
of France Avenue); thence South along the East line of the Northeast
1/4 of said Section 18 to the point of commencement.
Commencing at the Northeast corner of the Southeast 1/4 of the
Southeast 1/4 of Section 7,. Township 28, Range 24;. thence West
along the North line of the Southeast 1/4 of the Southeast 1/4
of said Section 7 a distance of 130 feet to the North extension of the
Nest line of Lot 79, Morningside; thence South along the West line
of said Lot 79 and the North and South extensions thereof to the
centerline of Best 44th Street; thence Southwesterly along the center-
line'of West 44th Street to the Northwesterly extension of the
Westerly line of Lot 12, Block 1, Berkeley Heights; thence South-
easterly along the.Westerly.line of said Lot 12 and the Northwesterly
extension thereof to the most Southerly corner of said Lot 12;
thence Southeasterly along a straight line to the most Northerly
corner of Lot 1, Block 2, Berkeley Heights; thence Southeasterly
along the Easterly line of saic? Lot.1 a-distance 02 171.5 feet to
the most Easterly corner thereof; thence South along a straight
line to the Northwest corner of Lot 8, Block 26, Waveland Park;
thence East along the North line of Lots 8, 9, 10, 11, 12 and 13
a distance of 240 feet to the East line of the Southeast 1/4 of the
Southeast 1/4 of Section 7, Township 28, Range 24 (being the center-
line of France.Avenue); thence North along the last described line to
the point of ciommencemept.
Commencing at the intersection of the centerline of U.S. Highway . Number 169 E 212 with the North line of the South 1/2 of Section 28,
Township 117, Range' 21; 'thence-East along the North line'of the South
1/2 of said Section 28 a distance of 75 feet, more or less, to the
centerline of State Highway Number 100; thence Southerly along the
centerline of State Highway Number 100 to the .centerline of Eden
Avenue; thence Southwesterly along the centerline of Eden Avenue to
a line parallel with, 630 'feet West of, and measured at right angles to,
the East line of said Section 28 (being the South extension of the
centerline of Arcadia Avenue); thence South along the last described
line to the South line of 'said Section 28; thence Vest along the South
line of said Section 28 to the Southwest corner of Lot 3, Block 1,
Wanner Addition; thence North along the West line'of said Lot 3 a
distance of 182.51 feet to the Southeast corner. of Lot 1, Block 2;
Edenmoor; thence Nest along the' South line of Lots 1, 2, 3 and 4,
Block 2, Edenmoor, and the West extensioh thereof a distance of
570 feet to the Southwest corner of Lot 4, Block 3, Edenmoor; thence
North along the West line of said Lot 4 and the North extension thereof
to the centerline of U.S. Highway Number 169 E 212; thence Northeasterly
along the centerline of U.S. Highway Number 169 E 212 to the East
extension of the centerline of West 53rd Street; thence West along
the centerline of West 53rd Street and the East extension thereof to
the South-extension of the West line of Blqck I, Grandview Plateau;
thence North along-the West line of Block 1, Grandview Plateau 8nd the
South and North extensions thereof a distance.of 708 feet to the center-
line of West 52nd Street; thence East along.,the centerline of West 52nd
Street to the South extension of the centerline.of Hankerson Avenue;
thence North along the centerlinesof Hankerson Avenue and'the South
extension thereof a distance.of 660 feet to-the West extension of the
South line of Lot 12, Block 1, Brookside Heights; thence East along
the South line of said Lot 12 and the West extension thereof to the
Southeast corner of said Lot-12; thence North along the West line of
Block 4, Grand'View Heights to the Northwest corner of Lot 5, Block 4,
Grand View Heights; thence East along the North line of said Lot 5
and the East extension thereof a distance of 163 feet to the centerline
of Summit Avenue; thence North along the centerline of Summit Avenue
and the North extension thereof to the Nest extension of the South line
of Lot 48, Auditor's Subdivision Number 176; thence East along the
South line of said Lot 48 and the West and East extensions thereof to
. the centerline of the track of-the Minneapolis, Northfield and
Southern Railway; thence South along the centerline.of said Railway to
the centerline of U.S. Highway Number.169 E 212; thence Northeasterly
along the centerline of U.S. Highway Number 169 E 212 to the point of
commencement.
I C.
D.
I
..
12/5/66 f 265
FIRE ZONE TWO
that property described in paragraph A of the description of Fire Zone One:
Fire Zone Two consists of the following described property, except for
Commencing at the Northwest corner of the Northeast l/4 of the
Northeast 1/4 of Section 8, Township 116, Range 21 (being the inter-
section of the centerlines of West 70th Street and Cahill Road);
thence Easterly along the centerline of West 70th Streeit to the
centerline of Nine Mile Creek, as said creek lies in a generally
Northwest-Southeast direction in the North 1/2 of Section 9, Township 116,
Range 21; thence Southeasterly along the centerline of said creek to a
line parallel with, 100 feet West of, and measured at right angles to,
the East line of sa'id Section 9; thence East along a line parallel with
the South line of the North 1/2 of said Section 9 to the East line
thereof, (being the centerline of State Highway Number 100); thence
South along the East line of said Section 9 to a line parallel with,
275 feet North of, and measured at right angles to, the South line of
Tract A, Registerdd Land Survey No. 679; thence East along the last
described line to the East line of said Tract A; thence South along the
East line of said Tract A a distance of 200 feet to the Northwest corner
of Tract S, Registered Land Survey No. 1050; thence East along the
North line of said Tract S a distance of 320 feet to the Northeast
corner thereof; thence South and Southwesterly along the Easterly side
of said Tract S a distance of 387.71 feet to the most Southerly corner
thereof; thence Southeasterly and East along the two most Southerly
straight lines of Tract R of Registered Land Survey No. 1050 a distance
of 618.08 feet to the Southwest corner of Tract Q of Registered Land
Survey No. 1050; thence North along the West line of said Tract Q a
distance of 473.91 feet to the Northwest corner thereof; thence East
along the North line of said Tract Q and the Easterly extension thereof
a distance of 1350 feet to the Southeast corner of Tract A, Registered
Land Survey No. 938; thence North along the most Easterly line of said
Tract A a distance of 345 feet to the NoPth line of the Southwest 1/4
of the Southeast 1/4 of Section 31, Township 28, Range 24; thence East
along the last described line a distance of 1,180.73 feet to the Northeast
corner of the Southwest 1/4 of the Southeast 1/4 of said Section 31; thence
North along the West line of the Northeast 1/4 of the Southeast 1/4 of
said Section 31 a distance of 465.6 feet to the Southwest corner of
Tract E, Registered Land Survey No. 1129; thence East along the South
line of said Tract B a distance of 677.14 feet to the Southeast corner
thereof; thence North along the East line of said Tract B and the
Northerly extension thereof a distance of 2,167 feet to the North line
of the Southeast 1/4 of the Northeast 1/4 of said Section 31; thence
East along the last described line a distance of 650 feet to the
Northeast corner of the Southeast 1/4 of the Northeast 1/4 of said
Section 31; thence North along the East line of said Section 31 (being
the centerline of France Avenue) a distance of 463.35 feet to the East
extension of the centerline of Hazelton Road; thence West along the center-
line of Hazelton Road and the East extension thereof to a line parallel
with, 290 feet West of, and measured at right angles to, the East line
of said Section 31; thence North along the last described line a
distance of 848.65 feet to the North line of said Section 31 (being the
centerline of West 70th Street); thence West along the North line of said
Section 31a distance of 450 feet to the Southerly extension of the
centerline of Valley View Road; thence Northerly along the centerline of
Valley View Road and the Southerly extension thereof to the centerline of
County Road Number 62; thence Easterly and Northeasterly along the
centerline of County Road 62 to the North extension of the West line
of Lot 1, Block 1, Southdale Acres; thence South along said West line and
the North extension thereof a distance of 1,217 feet to the Southwest
corner of said Lot 1; thence East along a line parallel with the South
line of the North 1/2 of Section 29, Township 28, Range 24 to the East
line of the Northwest 1/4 of said Section 29, (being the centerline of
Xerxes Avenue South); thence South along the East line of the Northwest
1/4 of said Section 29 to the Easterly extension of the North line of
Lot 1, Block 1, York Terrace; then'ce West along said North line and the
Easterly extension thereof a distance of 169.38 feet to the Northwest
corner of said Lot 1; thence South along the West line of York Terrace
and the Southerly extension thereof to the North line'of the Southeast
1/4 of the Southwest 1/4 of said Se'ction 29; thenc'e East along said North
line a distance of 169.38 feet to the Northeast coimer of the Southeast
1/4 of the Southwest 1/4 of said Section 29; thence South along the East
line of the West 1/2 of said Section 29 and 'the East line of the West 1/2
of Section 32, Township 28, Range 24, to the Southeast corner of the
Northwest 1/4 of said Section 32; thence West along the South line of the
A.
'
12/5/66
1 Northwest 1/4 of said Section , 32 . . a . . . distance of 313,,8 feet to the
Nest line-of York Avenue.as-shown on.the plat of-York Hills; thence
South along said West line of York Avenue a distance of 658.88 feet
to the South line of West 75th Street as shown on the plat of York
Hills; thence East along said South line of West 75th Street to a line
parallel with, 165 feet West of, and measured at right angles to, the East
line of the Southwest 114 of said Section 32; thence South along the
last described line to the South line of said Section 32; thence
West along the South line of said Section 32 and the South line of
Section 31, Township 28, Range 24 to the Southwest corner of said
Section 31; thence North along the West line of said Section 31 a
distance of 35 feet to the Southeast corner of Section 9, Township 116,
Range 21; thence West along the South line of said Section 9 and the
South line of Section 8, Township 116, Range 21to a line parallel with,
330 feet West of, and measured at right angles to the West line of the
Southeast 1/4 of the Southeast 1/4 of said Section 8; thence North
along the last described line a distance of 480 feet to the centerline
of State Highway Number 5; thence Easterly along the centerline of
StaBe Highway Number 5 to the Southerly extension of the centerline of
Cahill Road; thence Northerly along the centerline of Cahill Road and
the Southerly ex-lension thereof to the point of commencement.
Commencing at the intersection of the South line of Section 19, Township
28, Range 24 (being the centerline of West 62nd Street) with the center-
line of Valley View Road; thence Northwesterly along the centerline of
Valley View Road to the Southerly extension of the Easterly line of
Lot 10, Block 1, Valley View Terrace 3rd Addition; thence Northerly
along the Easterly line of said Lot 10 and theb Southerly extension
thereof a distance of 162.4 feet to the most Southerly corner of Lot 8,
Block 2, Valley View Terrace; thence Northeasterly along the Southeast-
erly line of said Lot 8 and the Northeasterly extension thereof a
distance of 194.9 feet to the centerline *of Fairfax Avenue; thence
Easterly along the centerline of Fairfax Avenue and the East extension
thereof to the East line of the Southwest 1/4 of Section 19, Township 28,
Range 24 (being the centerline of Flooddale Avenue); thence South along
said East line to the West extension of the South line of Lot 16,
Block 21, Fairfax; thence East along the South line of said Lot 16
and the West extension thereof a distance of 165.35 feet to the
Southeast corner of ;aid Lot 16; thence South along the West line of
Lots 2, 3, 4, and 5, Block 21, Fairfax, a distance of 200 feet to the
Southwest corner of said Lot 5; thence East along the South line of
said Lot 5 and the East extension thereof a distance of 162.35 feet to
the centerline of Kellogg Avenue; thence South along the centerline of
Kellogg Avenue a distance of 150 feet to the West extension of the North
line of Lot 14, Block 22, Fairfax; thence East along the North line of
said Lot 14 and the West extension thereof a distance of 163.74 feet to
the iortheast corner-of said Lot 14; thence South along the East line
of said Lot 14 to the Southeast corner thereof; thence East along the
North line of Lot 10, Block 22, Fairfax, and the East extension thereof
a distance of 163.74 feet to the centerline of Oaklawn Avenue; thence
South along the centerline of Oaklawn Avenue to the South line of
Section 19, Township 28, Range 24; thence West along the South line of
said Section 19 to the point of commencement.
Commencing at the Northwest corner of the Southwest 1/4 of Section 31,
Township 117, Range 21; thence East along the North line of the Southwest
1/4 of said Section 31to the centerline of Nine Mile Creek, as said
creek lies in a generally Northwest-Southeast direction in the
Southwest 1/4 of said Section 31; thence Southeasterly along the
centerline of Nine Mile Creek to the East line of Registered Land
Survey Number 1145 to the Southeast corner thereof; thence West along
the South line of Registered Land Survey Number 1145 and the Westerly
extension thereof to the West line of the Southwest 1/4 of said
Section 31 (being the centerline of County Road Number 18); thence
North along the West line of the Southwest 1/4 of said Section 31to the
point of commencement.
I
B.
I
C.
FIRE ZONE THREE
Zones One or Two.
Fire Zone Three consists of all property in the VillGge not included in Fire
Section 2.
rescinded.
Section 3.
and publicat ion .
Ordinance No. 117A of the Village is hereby repealed and
This ordinance shall take' effect immediately upon its passage
12/5/66
Motion for adoption of,the ordinance was S . there were five ayes and no nays and the r
ATTEST :
-/I >LkL-L;w A7- &. %L --ul-Cic 0 "
r-J
W . Mayor
d. Village Clerk
ORDINANCE NO. 149-3 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 149-3
which provides for enforcement of Ordinance No. 149 and establishes a, Board of Appeals. Considerable discussion ensued relative to method of service and the matter of personal
rights.
correct deficiencies pointed out by Judge Leslie in a recent court case and that he
feels that the ordinance will satisfy due process as wsitten. Trustee Johnson then
offered First Reading of Ordinance No. 149-3 as follows, requesting that Mr. Whitlock
check State Statute 145.22 relative to method of service before Second Reading:
AN ORDINANCE AMENDING ORDINANCE NO. 149
(PUBLIC HEALTH HOUSING CODE), PROVIDING FOR
Village Attorney Whitlock stated that the ordinance had been drafted to
ORDINANCE NO. 149-3
ITS ENFORCEMENT AND ESTABLISHING -A BOARD OF APPEALS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. In Section 3 of Ordinance No. 149 (Public Health Housing Code)
"'Enforcing Officer' means the Public Health Sanitarian or his deputy."
Sec. 2.
of the Village, the definition of "Enforcing Officer" is hereby amended to read as
follows:
Section 5 of said ordinance is hereby amended to read as follows:
%ec. 5. Enforcement of Housing Code. .
(a) Notice of Violation. Whenever the Enforcing Officer determines that there
has been a violation of any one or more provisions of this ordinance, he shall give
notice of such alleged violation to the person or persons who are or may be responsible
therefor, as enumerated in (4) below.
(1) be in writing,
(2) particularize the violation or violations alleged to exist or to have
Such notice shall:
been committed and the repairs or improvements required to bring the condemned dwelling,
dwelling unit or rooming unit into compliance with the provisions of this ordinance,
(3) provide a reasonable time, but not less than 10 days in any event, for
the correction of the violation or violations particularized,
(4) be addressed to and served upon the owner of the property, the operator
of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned,
if the occupant is or may be responsible for the violation; and
Service shall be as provided for personal service by the rules of civil procedure for
courts of record in Minnesota, or by registered or certified mail, return receipt request-
ed, delivered to the addressee only.
the Enforcing Officer shall make a record giving details regarding the mailing. If
one or more persons to whom the notice is addressed cannot be found or served after
diligent effort so to do, service may be made upon such person or persons by posting
a notice in a conspicuous place in or about the dwelling affected by the notice, in
which event the Enforcing Officer shall include+in the record a statement as to why
such posting was necessary.
(5) inform persons concerned of their rights of appeal under this ordinance.
If service is made by registered or certified mail,
b ) Imminent Hazards -- Temporary Condemnation. Whenever the- EnTorcing Officer
finds any dwelling, dwelling unit, or rooming unit which does not conform to the
standards established by this ordinance,; and further finds (1) that by reason of such
nonconformity it presents an imminent and serious hazard to public health, or to the
physical or mental health of the occupants therein, and (2) that the repairs or
improvements required to remove such hazards do not appear reasonably possible within
a time which will be adequate to eliminate such imminent hazard, the written notice
of violation provided for in subparagraph (a) of this section shall also state that
the premises are unfit for human habitation and shall order that such dwelling,
dwelling unit or rooming unit be vacated either immediately or after such period of
time as the Enforcing Officer shall find reasonable in view of the circumstances, pending
the completion of action to eliminate such hazards.
be served by delivering a copy thereof to any occupant of suitable age and discretion
and by posting the same at a conspicuous place upon the s;ructure.
hazard which affects more than one unit in a multiple residence, service shall be made
upon such an occupant of each unit, except that the failure to make service upon an
occupant of one unit shall not affect the validity or effect of service of notice
upon an occupant of other units.
may appeal such notice to the Board of Health Appeals by filing a notice of appeal with
the Village Clerk and may be heard on such appeal within 48-hours after such filing,
as more specifically provided in this ordinance.
"(c) Failure to Correct Deficiencies.
accordance with subparagraph (a) of this section and the person or persons responsible
have failed to correct the defiaiencies specified therein within the time allowed,
the Enforcing Officer may either:
of the deficiencies, or
In such case the notice shall
In 'the case of a
Such notice shall also state that persons aggrieved
Whenever notice has been given in
..
(1) in writing upon a showing of good cause, extend the time for correction
i 268 12/5/66
(2) serve upon
dwelling, dwelling unit,
the owner and occupant a written notice requiring that such
or rooming unit be vacated because unfit for human habitation.
Such notice shall:
uncorrected, and (2) provide a reasonable time, but not less than 30 days within
which to vacate the premises.
may be served personally or by registered mail in accordance with the procedures set
forth in subparagraph (a) of this section.
- (b) or (c) of this section, may, within 15 days after service of the same, appeal
therefrom to the Board of Health Appeals by filing a written notice of appeal with
the Village Clerk.
of imminent hazards issued pursuant to subparagraph (b), the appeal shall be heard
within 48-hours .&born the- time of filing thereof unless the appellant requests a
hearing at a later time convenient to him and the Board. In the case of appeals from
other notices, the appeal shall be heard at such time as may be established by the
Board, but the taking of an appeal from a notice other than one to vacate pending the
elimination of imminent hazards issued under subparagraph (b) shall, during the pendency
of such appeal, restrain the Village and its officers from proceeding in any manner
to enforce such notice.
All appeals under this section shall be heard by
a Board of Health Appeals consisting of the Mayor, the Village Manager and the Health
Officer. At such hearing the Enforcing Officer shall present the evidence with respect
to the existence of a violation, and the appellant and his attorney may call and cross-
examine witnesses and make such argument with respect to the facts and .law as may be
relevant to the alleged violation.
Attorney or his designate in connection with the conduct of the hearing or the action
to be taken.
is not reasonably available, but in no case shall it act without the affirmative vote
of any two.
existence of a violation of this ordinance, and if a violation is found to exist, confirm
or modify the corrective action to be taken or the order requiring vacation of the pre-
mises and the t?me allowed therefor.
violation of.this ordinance to which Minnesota Statutes, Sections 145.22 and 145.23
are applicable,.tve Enforcing Officer may.proceed as therein provided to abate or remove
the violation and, if deemed necessary, to have the cost thereof specially assessed
against the lot or parcel where the violation was located. In suitable cases, said
statutory remedies and proeedure may be used either concurrently with, or separate
(1) particularize the violation or violations which remain
Such written extension of time or notice to vacate
"(d) Appeals. Any person aggrieved by a notice issued under subpmagraphs (a),
In the case of an appeal from a notice to vacate pending eaimination
"(e) Board of Health Appeals.
The Board may obtain the advice. ofsthe Village
The Board may act in the absence of any one of its members if such member
The Board may, upon the hearing, affirm in whole or in part or deny the
"(f) Correction of, Violation by Village.and Assessment of Cost. In all cases of
..
I 'from, the procedures prescribed in this ordinance.
"(g) Unlawful to Resume Occupancy. No dwelling, dwelling unit or rooming unit
which has been designated as unfit for human habitation and placarded as such shall
again be used for human habitation until written approval is secured from, and such
placarding is removed by, the Enforcing Officer.
such placard whenever the defect or defects upon which the designation and placarding
action were based have been eliminated and the dwelling, dwelling unit or rooming
unit has been made to conform to the standards established by this ordinance.
remove or obscure any placard affixed under the provisionsuof this ordinance."
Sec. 3. Repealer. Section 12 of said ordinance is hereby repealed.
Sec. 4.
"Sec. 13. Penalty. Any person who (1) fails to correct any violation of
The Enforcing Officer shall remove
"(h) Unlawful to Deface Placard. It shall be uniawful for any person to deface,
Section 13 of said ordinance is hereby amended to read as follows:
this ordinance after notification thereof by the Enforcing Officer within the time
fixed by him or the Board of Health Appeals, or (2) who fails within the time specified
to vacate any premises designed as unfit for human habitation under Section 5(b) or
5( c) of this ordinance, or (3) who, having vacated premises designated as unfit for
human habitation, shall again occupy such premises without obtaining written approval
of the Enforcing Officer, or (4) who defaces, removes or obscures any placard put up
under Section 5, is guilty of a misdemeanor, and shall be subject to a penalty of a
fine not exceeding $100 or imprisonment in the Village or County jail for a period not
exceeding 90 days, with costs of prosecution in case of,either fine or imprisonment."
Sec. 5. This ordinance shall be in full force and effect immediately upon
t I its passage and publication.
ORDINANCE NO. 18-1 GRANTED FIRST READING.
regulates disposal of unclaimed property, wh.ereupon Trustee VanValkenburg offered
Mr. Hyde presented Ordinance No. 18-1 which
First Reading of Ordinance No. 18-1 as follows:
ORDINANCE NO. 18-1
AN ORDINANCE AMENDING
ORDINANCE NO. 18 AS TO THE PERIOD
WHICH MUST ELAPSE BEFORE THE
DISPOSAL OF UNCLAIMED PROPERTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA. MINNESOTA, ORDAINS:
Section 1. The first sentence of-Section 2 of Ordinance No. 18 of the
Village is hereby amended to read as follows:
12 /5/66
ItAny such property which has been in the custody of the Chief
of Police for a period of 30 days may be sold to the highest
bidder at public sale following two weeks' prior notice
published in the official newspaper of the Village."
Section 2. This ordinance-shall be in full €ome and effect upon its
passage and publication.
269
ORDINANCE NO. 191A GRANTED FIRST READING.
which regulates traffic, parking, placement of signs and signals and the operation
Mr. Hyde presented Ordinance No. 191A
and equipment of bicycles and vehicles and the use of Village streets.
considerable discussion, Trustee VanValkenburg offered the following ordinance for
First Reading:
Following
ORDINANCE NO. 191A
AN ORDINANCE REGULATING PEDESTRIAN, BICYCLE AND . VEHICULAR TRAFFIC, AND PARKING, AND THE USE AND
PLACING OF SIGNS AND SIGNALS, THE 0PERATION.AND.
EQUIPMENT OF BICYCLES AND VEHICLES AND THE USE
OF VILLAGE STREETS, AND PRESCRIBING PENALTIES;
REPEALING ORDINANCE NO. 191
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
there are hereby adopted and inc.orporated herein by reference those provisions of
Minnesota Statutes hereinafter referred to, all of which are fully set forth in the
official pamphlet issued by the Minnesota Department of Highways, entitled llMinnesota
Motor Vehicle and Traffic Laws and Motor Carrier Laws, 1965-66."
publication of this ordinance, at least three copies of said pamphlet, marked as official
copies, have been filed for use and examination by the public in the office of the
Village Clerk.
set forth in Minnesota-Statutes which-are referred to herein, shall hereafter be the
rules, regulations and provisions in accordance with which traffic and parking and
the movements of pedestrians, bicycles and vehicles shall be conducted, in Village
streets and other places hereinafter stated, and may collectively be referred to as
the "Edina Traffic Code" or "Edina Traffic Ordinance"?
Section 1. Pursuant to the authority of Minnesota Statutes, Section 471.62,
Prior to the
Sec. 2. The following rules, regulations and provisions, including those
1; Definitions.
1.01 Minnesota Statutes, Section 169.01 (Definitions)..
2. Driver's Licenses; Motor Vehicle - .I
Registration and Number Plates. .
M.S., Sec. 171.02 (Driving Without a License). .
M.S., Sec. 171.041 (Restricted Licenses for Farm Work and Motor Scooters).
M.S., Sec. 17.1.08 (Licensee to Have License in .Possession). -
2.01 M.S., Sec. 17.l.01 (Definitions).
2.02
2.04
2.05 M.S., Sec. 171.05 (Instruction Permits). .
2.06
2.03 M.S., Sec. 171.03 (Persons Exempt). .I
2.07 M.S., Sec. 171.09 (Restrictions Imposed on Driver). ,-
2.08 M.S., Sec. 17L.10 (Illegible License). "I
2.10 M.S., Sec. 17L.14 (Surrender of Cancelled License). . -*
2.09
2.11
2.12
2 . 13
2.14
2.16 Chauffeur's License Required.
M.S., Sec, 171.11 (Duplicate License in Case of. Change of Domicile. or Name).
M.S., Sec. 171.21) (Driving After License Revoked, Cancelled or Suspended).
M.S., Sec. 171.22 (Unlawful Acts with Respect to Driver's Licenses.).
M . S . , Sec . 17L. 24 (Driving When License Cancelled, Suspended or Revoked).
M.S., Sec, 171.23 (Renting Motor Vehicle to UnlLcensed Driver). *
2.15 M.S., Sec. 171.30 (Limited License). I-
No person shall drive- a motor vehicle as a
chauffeur on any public highway in the Village unless licensed as such by theestate
of Minnesota, except that a non-resident chauffeur, licensed under the provisHons of
the law of the country, state, territory, province or district of his residence,
operating such motor vehicle temporarily within this state not more than 60 days in
any one year., and while having in his immediate possession the license assigned to
him as such chauffeur in the country, state, territory, province or district of his
residence, shall be exempt from such license requirements.
The term "chauffeurr1 includes:
Every person, including the owner, who operates a motor vehicle while it
Every person who is employed for the principal purpose of operating a
Every employee who, in the course of his employment, operates upon the
Every person who drives a school bus transporting school children:
But does not include employees who, in the course of their employment,
(1)
(2)
(3)
(4)
is in use as a carrier of persons or property for hire;
passenger vehicle;
streets or highways a truck, tractor, or truck-tractor belonging to another and
operate upon the streets or highways light trucks classified as pick-ups, panels and
sedan deliveries which are used only to carry tools, repairs, light materials and
equipment used by the driver in the furtherance of some other and principal occupation,
crawler tractors, farm and industrial wheel type tractors, self-loading motor scrapers,
front end loaders, motor graders, crawler mounted construction equipment, and farm trucks,
operated by the owner or an immediate member of his family or an employee not primarily
employed for the purpose
Statutes, Sec. 168.39).
12/5/66
of operating the farm truck. (Derived from Minnesota
2.17 School Bus Driver's License Required. No person shall drive a sbhool
bus unless he holds a valid school bus driver's license from the State of Minnesota.
(Derived from Minn. St., Sec. 168.40, Subd. 2).
2.18 Owner Allowing Non-Licensed Person to Drive. No.person having possession
or control of a motor vehicle shall knowingly authorize or allow the same to be
driven or operated by any person prohXbited from driving or operating such vehicle.
to vehicles exempted by law from registration and displaying license plates, no
person shall use or operate any vehicle on public streets or highways in the Village
which has not been duly registered or does not display current number*plates issued
for such vehicle, provided that the foregoing shall not apply to the operator of a
new motor vehicle who'displays on his windshield a valid permit issued by the
registrar of motor vehicles under Minnesota Statutes, Section 168 . 09 .
Minn. St., Sec. 168.09).
No person shall:
revoked, suspended or fraudulently obtained or stolen registration-plates,
thereof by another,
him; provided, however, this shall not apply to any legal change of ownership of the
motor vehicle to which the plates are attached, or
number of any motor vehicle or knowingly operate any motor vehicle the identification
or serial number of which has been destroyed, altered, removed, covered or defaced
without first making application for assignment of a special identisication number
as provided by law. (Based on Minn. St., Sec. 168.10, Subd. 10).
No person shall use or operate or cause to be used or operated any motor vehicle while
a certificate of registration of such motor vehicle issued to him is suspended or
revoked. No person shall deface or alter any registration certificate or number plate
o5::retain the same in his possession after it has been defaced or altered.
Minn. St., Sec, 168.36). .
2.19 Use of Vehicles Not Registered or Displaying Number Plates. Except as
I (Based on
2.20
(a)
(b)
(c)
Violations Involving Registration Plates or Serial Numbers of Motor Vehicles.
Display or cause to be displayed or have in his possession any cancelled,
Lend his registration plates to any person or knowingly permit the use
Display or represent as one's own any registrationcplates not issued to
Destroy, alter, remove, cover or deface ,the identification or serial
.
(d)
2.21 Additional Violations Involving Registration Certificates and Number Plates.
(Based on
.sign
curb
left
2.22 M.S., Sec. 169.79 (Manner of Displaying Motor Vehicle Number Plates).
Driving under Influence of Drugs or
Liquor; Possession of Liquor.
3.
3.01 M.S., Sec. 169.121 (mving under Influence).
3.02 M.S., Sec. 169.122 (Open Bo.ttle Law). .1
3.03 M.S., Sec. 169.123 (Implied Consent Law). *.
4. General Rules for Drivers.. *r
4.01 M.S.., Sec. 169.13 (Reckless or Careless Driving.). .
4.02 M.S., Sec. 169.18 (Driving Rules). L.
4.05 M.S., Sec. 169.20 (Vehicle Having Right-of-way).. I-
4.06 M.S., Sec. 169.30 (Stop for Through Highways). . I.
4.08 . M.S., Sec. 169.201 (YIELD Sign).
4.09 M.S., Sec. 169.31 (Stop at. Sidewalk). 1-
4.03 M.S., Sec. 169.305 (Controlled Access Highways),.
4.04 M.S., Sec. 169.19 (Turns, Signalling Turns,' Stmting.Parked Car).
9.07
marked "Stop, School" before entering an intersection.
Stop for School Stop Signs. Every driver of a vehicle shall.stop at a
..
4.10
4.11
4.12
4.13 M.S.. Sec. 369.39 (Coastinn Prohibited).
M.S., Sec. 169.37 (Obstructing View of Driver).
M.S., Sec. 169.15 (Impeding Traffic).
M.S., Sec. 169.34 (Prohibitions on Stopping or Parking).
-
4.14
shall be given by extending the hand and arm horizontally from and beyond the
Signal - Turning from Curb. The signal of intention to turn from the
side of the vehicle, except that a signal lamp or device, approved by- the
Commissioner, may be used yhen such a signal lamp or device is piainly visible to
the driver of any vehicle approaching from the rear of such parked vehicle.
without ample warning, and while backing, care must be exercised not to injure persons
or property, and in no case shall any vehicle be backed around a corner at or into
an intersection of streets or liighways.
No vehicle shall be turned around by making
a turn upon any street or highway in the Village unless such vehicle shall first
proceed to an intersecfing street; provided, however, that a "U'l turn at any intersection
on any street or highway where a police officer is stationed, or where a "Stop and Go"
or illuminated llSlowll signal, or lfSchool Stop" sign or "Through Street Stop Sign" or
"Danger Corner Stop Sign" or "No 'U' Turn" sign is located at the intersection is
hereby prohibited.
or highway by driving or backing a vehicle into an alley or driveway from such street
or highway and then backing or driving such vehicle out into the same street or
highway so that it faces in the direction opposite to the original line of travel.
4.15 Backing. No person in control of any vehicle shall back said vehicle
4.16 lrU1l Turns; Turning Around.
No driver shall reverse his direction of travel upon any street
12/5/66
4.17 Driving on Sidewalk.
4.18 Quiet Zones.
No vehicle shall' be driven along a sidewalk.
On any street in the vicinity of any hospital or other
institution in which sick or wounded persons are cared for or treated; where there
is displayed a sign containing the words "Hospital, Quier," ncr person 'shall make
or cause to be made by any person, animal, or object under his control any unnecessary
noise by fast driving or Siding, ringing of bells, blowing of horns, whistles, or
other devices or instruments under his control, or in any other way, in such vicinity,
so as to disturb the peace, comfort, or quiet of any inmate of such hospital or insti-
tution. r. ..
5. Regulation of Speed.
M.S., Sec. 169.14 (Speed Restrictions'). 5.01
5.02 Speed in Alleys. No person shall drive a vehicle on any public alley at
a speed greater than is reasonable and prudent under the circumstances, and in no
event at a speed greater than 10 miles per hour.
5.03 M.S., Sec. 169.16 (Speed on Bridges).
5.04 M.S. , Sec. 169.17 (Emergency Vehicles).'
6. Rules Applicable at Railroad
Grade Crossings.
6.01
6.02 M.S., Sec. 169.27 (Railroad Stop-Crossings).
6.03
6.04 M.S., Sec. 169.29 (Crossing Railroad Tracks wi'th Certain Equipment).
7.01 M.S., Sec. 169.06, Subds. 4, 5, 6, 7 and 8.
M.S., Sec. 169.26 (Special Stops at Railroads).
M.S., Sec. 169.28 (Certain Vehicles to Stop at Railroad Crossings).
7 . Traffic-Control Signals.
8. School Bus; School Patrol.
8.01 M.S., Sec. 169.44 (School Buses; Stop Signals; Conduct of Other Vehicles).
8.02 M.S., Sec. 169.21, Subd. 2 (Children under School Patrol Have Right-of-way).
9.01 M.S., Sec. 169.20, Subd. 5 (Emergency Vehicles Have Right-of-Way).
9.02 M.S., Sec. 169.40 (Following Fir-e Apparatus).
9.03 M.S., Sec. 169.41 (Crossing Fire Hose).
9.04 M.S., Sec. 169.03 (Drivers of Emergency Vehicles).
9. Emergency Vehicles and Apparatus.
10. Pedestrians' Rights and Duties.
10.01 M.S.. Sec. 169.21 (Rule's for Pedestrians and Vehicle Drifrers). '
10.02 ,M.S., Sec. 169.202 (Blind Pedestrians).' For purposes of applying
Section 169.202, "Blind person" means a person wholly blind or so partially blind as
to require mechanical, human, or other aid in the use of the streets.
cause others to assemble on any sidewalk so as to obstruct the free passage of
pedestrians thereon or interfere with the use thereof.
10.03 Crowding Sidewalks. No person or groups of persons shall assemble or
11. Parking, Stopping and Standing; Load'ing.
11.01
11.02 M.S., Sec. 169.35 (Parking Rules).
11.03 Additional Parking Rules.
M.S., Sec. 169.345 (Parking Privileges for Physically Handicapped).
No person shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control device, in any of the following
places :
On a boulevard between sidewalk and roadway;
Within five feet of the intersection of any public or private driveway or alley
In any place where the vehicle will block a fire escape or the exit from any
In any place where temporary signs prohibit parking as long as such signs are
11.04 Angle Parking.
. with any street or highway;
building; or
in place.
angle parking, vehicles shall be parked at the angle to the curb indicated by such
marks or signs.
11.05 The driver of a vehicle intending to
park at the curb of any street or highway at a place about to be vacated by another
vehicle shall stop back of said parking space and wait until said vehicle has vacated
said parking space. '
place immediately in front of said parking space and back into it and the driver of
any other vehicle approaching from the rear shall yield the right-of-way to such person
for the purpose of parking at said parking space.
no one in position immediately in front of said parking space prepared to baek into
it, and said parking space is large enough to permit it, the driver of an approaching
vehicle may head into said parking space without backing.
No vehicle shall be backed up to the curb to load
'or unload except when the weight or bulk of the load necessitates loading or unloading
in this position, and only-fortfie period of time ne'cessary to so load or unload said
vehicle.
11.07 Cars for Sale. No person shall place any vehicle on a highway to display
the same for sale or exchange.
'of this section when found standing upon a street or highway, and bearing a sign
indicating that it is for sale or exchange.
Upon those streets which have been marked or signed for
Manner of Parking and Right-of-Way.
The person so des5ring.t-o park shall then move his vehicle to a
Provided, that in case there is
11.06 Vehicles Back to Curb.
A vehicle shall be deemed to be displayed in violation
'272 / . 12/5/66
11.08 Washing, Greasing, Etc.
11.09
11.10
11.11 Truck Loading Zones.
No person shall wash, grease, or repair a vehicle
upon a 'street or highway, except such repairs as are hecessitated by an emeriency.
M.S., Sec. 169.32 (Disabled Vehicles).
M.S. , Sec. 169.34 (Stopping or Parking Prohibited in Specified Places).
No person shall stop, stand or park a vehicle, other
than a commercial vehicle, in any space marked or signed as a Truck Loading Zone.
Commercial vehicles shall not be parked in Truck Loading Zones for any other purpose
or for longer than necessary to unload and deliver or to pick up and load materials
between 8 a.m. and 6 porn., unless otherwise designated, Sundays and legal holidays
excepted .
for any purpose or period of time other than for the expeditiouk loadin'g or &loading
of passengers in any place officially designated and mark'ed as a Passenger Zdne during
the hours when the regulations applicable to such Passenger Zone are effective, and
then only for a period not to exceed three minutes.
11.12 Passenger Loading Zone's. No person shall sfop, stand, or park a vehicle
I .. 11.13 Limited Parking Zones. '
(a) Generally. No person shall park any vehicle fo6 a ldnger period than is
designated on the signs marking such zone in any Limited Parking Zone established
by the Police Chief or the Director 'of Public Works and Engineering, except on Sundays
and legalholidays; provided, the eouncEl shall have authdrity 'to rescind the
establishment of such zone.
(b) Six Hour Parking.
said 'vehicle to stand upon any street or highway for more 'than 6 consecutive hours
at any time, unless otherwise de'signated on signs erected'and installed; provided, that
this paragraph shall not apply to vehicles used "by persong whiie engaged in services
performed on the premises of others; such as painting, home' construction or repair,
* installation of appliances, cleaning, or fumigating.
From NoGember 1 to Ma&h 31, inclusgve, no
person shall park or permit any vehicle to stand on any street', highway or alley for
all or "any part of the period from 1 a.m. to 6 a.m.
to limited parking, any vehicle moved a distance of not mdre tGan two blocks 'during
the limited parking peGiod shall be deemed to have remained stationary.'
No person in charge of any vehicle shall park or permit
(c) Seasonal Parking Restriction.
(d) Shifting of Parked Vehicle. For the purpose of !the Gegulations reiating
11.14
11.15 Vehicle to be Locked.
M.S., Sec. 169.36 (Brakes to be Set).
Every person parking a pass'enger a&omobile on a
public street or alley shall lock the ignition, remove the key, and take the same
with him. I 11.16 Parking in Public Alleys. Vehicles other than trucks shall not be parked
in public alleys, and trucks shall not be so parked for a longer period of t'ime than
is necessary to load or unload commodities, and then not to exceed 30 minutes. m
11.17 Double Parking. Vehicles shall not double park on a street or highway
except trucks when calling for or delivering merchandise, and wheh access to the
curb at or immediately adjacent to the place of delivery $s blbcked bf other' vehicles,
and then only for such length of time as may be necessary'to lbad or' uhiboad,' such
length of time in any event not to exceed 15 mihutes, and no motor vehicle, kommercial
or pleasure, shall double park in any area designated by the Council as a parking meter
area,
No person shall park or leave standing
any vehicle on any street in the Village after a snowfall of at least 1-1/2 inches
in depth until after the snow from such street has been removed or plowed to the curb
line.
this section; it.may be removed by or under.the direction of any police officer or
Village employee after such officer or employee has attempted to notify the owner eo
remove such vehicle and it has not been removed. In case such vehicle is removed by
or under the direction of the Village, the expense thereof may be charged against the
owner of the vehicle. Such removal shall not prevent prosbcution of the owner for a
violation of this section.
Public Works and Engineering or any of his assistants shall find it *necessar$, for
purposes of facilitAting street maintenance operations, such as the removal of snow,
ice, or street wastes, to move any vehicle standing on any highway, said Director of
Public Works and Engineering, or assistants, or other emergency officials in the dis-
charge of their duties, are hereby authorized to move such vehicle to the extent
necessary for such purposes.
a vehicle standing upon a street or highway in violation of any of the foregoing
provisions of this section, such officer is hereby authorized to move such vehicle,
or require the driver or other person in charge of the vehicle to remove the same, to
a position off the paved or improved or main traveled part of such street or"highway.
The driver of a bus or taxicab shall not stand or park
11.18 Removal of Vehicles After Snowfall.
In case any vehicle is parked or left standing on the street in violation of
11.19 Removal of Vehicle for Street Maintenance. Whenever the Director of
11.20 Removal of Illegally Stopped Vehicles. Vhenever any police officer finds
12. Bus and Taxicab Stands.
12.01 Bus or Cab Stand.
upon any street in any business district at any place other than a bus stop or taxicab
stand respectively, except that this provision shall not prevent the driver of any such
vehicle from temporarily stopping in accordance with other stopping or parking regulations
at any place for the purpose of and while actually engaged in loading or unloading pass-
engers.
12/5/66 I
L! No person shall stop, stand, or 12.02 Stopping in Bus Stop or Cab Stand.
park a vehicle other than a bus in a bus stop or other than a taxicab,in a -kaxicab
stand when any such stop or stand has been officially designated and appropriately
sign-posted, except that the driver of a passenger vehicle may temporarily stop
therein for the purpose of and while actually engaged in.loading or unloading passengers
when such stopping does not interfere with any bus or taxicabswaiting to enter or
about to enter such zone.
13. Trucks and Truck Routes.
by signs ormarkings erected and maintained by the Director of Public Works and
13.01 Truck Routes. Truck routes may be established and shall be identified
Engineering; provided, the establishment of such routes shall.be subject to
review by the Council.
semi-trailer.
The word lltruckll shall mean and include truck, trailer, and
13.02 Operation of Trucks.
(a) When any such truck route has been established-and identified, any person
driving a truck having a gross weight of three tons or more shall drive such truck
on such route or.routes and none other, except when it is impracticable to do so or
where necessary to traverse another street or streets to a destination for the purpose
of loading or unloading commodities or for the purpose of towing a disabled or damaged
motor vehicle to or from public or private property, and.then only by such deviation
from the nearest truck route as is reasonably necessa2y.
over the most direct course to the nearest truck route which extends in the same
general direction.
The Director of Public Works and Engineering shall have the authority, for
cause or upon request, to issue temporary permits fortrucks to operate over routes
not established as truck routes, or to otherwise deviate from the provisions of this
ordinance.
to review and modification, or cancellation, by the Council.
the Police Department, Fire Department, or Health Department, nor to any public
utility vehicles where actually engaged in the performance of emergency duties
necessary to be performed by said public department or public utilities, nor to any
vehicle owned by or performing work for the United States of America, the State of
Minnesota, or the Village of Edina.
routes by the Director of Public Works and Engineering he shall post at the Village
limits, upon all main traffic routes entering the Village signs notifying users of
highways entering the Village that trucks are permitted to be driven only upon marked
truck routes.
(b) A truck arriving at the end of any designated t-ruck-route may be driven
(c)
Such action by the Director of Public Works and Engineering shall be subject
(d) The provisions of this section shall not apply to emergency vehicles of
(e) In addition to the general identification by signs or marking of truck
..
13.03 M.S., Sec. 169.43 (Swinging Gates).-
13.04 Trucks Following Each Other. The driver of any truck or truck tractor
shall not follow another truck or truck Tractor within one hundred feet, but this
shall not be construed to prevent one truck or truck tractor overtaking and passing
another.
14. Width, Height, Length and Loading of Vehicles.
14.01 M.S., Sec. 169.80 (Size, Weight and Load).
14.02
14.03 Length of Vehicles.
M.S., Sec. 169.81 (Limitations on Heigfit, Length and Loading).
No vehicle shall exceed a length of 68 feet extreme
overall dimensions, inclusive of front and rear bumper.
trailer shall be regarded as one vehicle for the purpose of determining lawful length.
A truck tractor and semi-
14.04 M.S., Sec. 169.82 (Trailer Equipment).
14.05 M.S., Sec. 169.83 (Weight Limitations).
14.06 M.S., Sec. 169.84 (Load Limit-on Bridges).
14.97 M.S., Sec. 169.85 (Weighing).
14.08 M.S., Sec. 169.86 (Special Permits).
14.09 M.S., Sec. 169.87 (Seasonal Load Restrictions).
References in Sections 169.86 and 169.87 to "local authority" or "local
authorities" shall be construed as references to the Director of Public Works and
Engineering. 14.10 M.S., Sec. 169.88 (Damages; Liability). .,
15. Equipment Required; Maintenance and Use of
Equipment; Certain Equipment Prohibited;
15,Ol M.S., Sec. 169.47 (General Prohibition of Unsafe Equipment; Violation a
15 . 02
15.03
15.04
15.05
15.06
15.07
15.08
15.09
15.10
15.11
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
M.S., Sec.
--
Misdemeanor).
169.471 (Television in Vehicle).
169.48 (Vehicle Lighting).
169.49 (Headlamps).
169.50 (Rear Lamps and Reflectors).
169.51 (Clearance and Marker Lamps).
169-52 (Projecting Loads -- Lights and Flags).
169.53 (Lights on Parked Vehicles).
169.55 (Lights on All Vehicles).
169.56 (Spot Lights, Fog Lights and Auxiliary Lights); 169.57 (Stop Lamps and Turn Signals). - -e
12/5/66
15.12 M.S., Sec. 169.58 (Identification Lamps).
15 . 13 M. S . , Sec. 169 . 59 (Fender , Running-Board, Back-up and Flashing Warning
15.14 M.S., Sec, 169.60 (Distribution of Light).
15.15 KS., Sec, 169.61 (Use of Upper and Lower Beams).
15.16 M.S., Sec. 169.62 (Single Beam Lights).
15.17 M.S., Sec, 169.63 (Number of Lamps to be Used).,
15.18 E.S., Sec, 169.64 .(Prohibited Lights).
15.19 M.S., Sec. 169.65 (Only Approved Lamps or D&es to be Sold or ,Used).
15.20 N.S., Sec. 169.67 (Brakes).
15.21 M.S., Sec, 169.672 (Only Approved Brake Fluid to be Sold).
15.22 M.S., Sec. 169.68 (Horns and Warning Devices -- Strens Prohibited).
15.23 M.S., Sec. 169.685 (Seat Belts Required).
15.24 M;S., Sec, 169.69 (Mufflers).
15.25 M.S., Sec. 169.70 (Rear View Mirrors).
15.26 M.S., Sec. 169.71 (Windshields).
15.27 M.S., Sec. 169.72 (Tire, Cleat and Track Restrictions).
The reference in Section 169.72 to "local authorities" shall be construed as a
reference to the Director of Public Works and Engineering.
Lights .
I
15.28
15.29
15.30
15.31
15.32 M.S., Sec. 169.75 (Flares and Flags).
15.33 N.S., Sec. 169.76 (Explosives).
15.34 Unnecessary Noise.
M.S., Sec. 169.73 (Bumpers, Safeguards).
M.S., Sec. 169.733 (Wheel Flaps on Trucks and Trailers).
M.S., Sec. 169.74 (Safety Glass).
M.S., Sec. 169.743 (Bug Deflectors).
Every motor vehicle shall be so maintained, loaded
and operated as to eliminate as far as practicable all unnecessary and annoying sounds
caused by loose, worn, improperly adjusted, or inadequately fastened or cqnnected parts
or equipment.
16. Unauthorized Traffic Signs and Regulations;
Interference With Signals.
M.S., Sec. 169.08 (Interference with Traffic-Control Devices, etc.). 16.01
16.02 Unauthorized Traffic Regulation. No unauthorized person shall regulate
or attempt to regulate traffic upon the highways. -
16.03
16.04 Traffic Lights.
M.S., Sec. 169.07 (Unauthorized Signs, Signals and Markings).
The use of red, green or amber lights on the highways
for advertdging or for signalling purposes, except as provided in this ordinance,
is prohibited.
17.01
17. Bicycles.
M.S., Sec, 169.221 (Rules for Operation of Bicycles; Lamps pnd Reflectors).
18.. Miscellaneous.
18.01 N.S., Sec. 169.02, Subd. 3 XObedience to Police Officers').
18.02 Kpplication to Private Property. All provisions of this ordinance
applicable to pedestrians or the drivers of vehicles or bicycles upon the streets,
highways, or sidewalks of the Village shall apply except where clearly inapplicable,
to pedestrians and the drivers of vehicles and bicycles on private roads and driveways
of the Village, including off-street parking areas. The Village Manager may,from time
to time establish the maximum speeds at which vehicles and bicycles may be driven in
such off-street parking areas.
parking area and shall be based on the requirements of safety in the parking areas
affected.
Clerk and shall become effective as an absolute speed limit on being sign-posted at
each entrance to the parking area affected thereby and nonperson shall drive.a vehicle
or bicycle on such parking area at a speed in excess thereof.
Every person,riding an animal, or driving
any animal drawing a vehicle upon a roadway,shall be subject to the provisions of
this ordinance applicable to the driyer of a vehicle, excFpt those provisions of this
ordinance which by their nature can have no application.
Such speed limits may,vary from parking area to
Each such speed limit shall be established in writing, filed with the Village
18.03 Animal or Animal-Drawn Vehicle.
18.04 Horses Left Standing. N? horse sha,ll be 1eft.unattended on any highway
unless securely fastened.
18.05
18.06 M.S., Sec. 169.46 (Hitching Behind Vehicles).
18.07 M.S., Sec. 169.22 (Hitchhiking).
18.08 Jumping Rides.
B.S., Sec. 369.42 (Glass, etc., on Street or Highway Prohibifed).
I No person shall ride in or jump into br upon any vehicle
without the consent of the driver and no person shall, when riding, allow any part
of the body to project beyond the limits of any motor vehicle, except when signalling .
as hereinafter required, nor shall any person board or alight from, nor hang-on to
any motor vehicle, whh such motor vehicle is in motion. *This provision shall not
apply to any person whose employment makes-it necessary tq ride in or on a vehicle
otherwise than as herein provided, when engaged in the necessary duties of such
employment.
any'highway without the consent of the owner or driver of.such-vehicle, nor shall any
such person set such vehicle in motion or otherwise damage or interfere with.the same.
M.S., Sec. 169.131 (Curfew on Driving by Juveniles under 17).
18.09 Tampering with Vehicles. No person shall molest aAy vehicle standing on
18.10.
18.11 M.S., Sec. 169.132 (Penalty).
.
12/5/66
,18.12 l'Drive-Yourselfll Businesses. Every person engaging in the business of
renting vehicles to persons desiring to drive them themselves, commonly known as
lldrive-yourselfll businesses, shall register with the Village Clerk and the police
department the license number of all vehicles which are so rented. In the event
any such vehicle shall be found in any place or under any circumstances which
constitute a violation of any of the provisions of the traffic ordinance, such
vehicles shall be impounded, irrespective of whether said vehicle is occupied or
unoccupied, or damaged.
local police officers shall equip any motor vehicle with any radio equipment or
co;nbination of equipment, capable of receiving 'any radio signal, message or
information from any police emergency frequency, or install, use or possess the
Criminal Apprehension.
such radio equipment to any one not holding such a permit.
18.13 Use or Sale of Certain Radio Equipment. No person other that state or
.same in any motor vehicle unless he has a permit to do so from the state Bureau of
No person shall transfer, barter, exchange or sell any
19. Accidents.
19.01 M.S., Sec. 169.09 (Duties of Drivers, Officers and Others in Event of
Accident).
20. Enforcement;.Arrest Procedure
20.01 Enforcing Officers. The Chief of'Police and all police officers of the
Village shall be responsible for the enforcement of all the regulations and requirements
of this ordinance.
20.02 M.S., Sec. 169.91 (Arrest Procedure).
20.03 M.S., Sec. 169.99 (Uniform Traffic Ticket).
20.04 Failbe to Give Name and Address. Any person who, when arrested for a
violation of this ordinance, wilfully refuses to give his name or address, or who gives
a false name or address, shall be guilty of a violation of this ordinance, regardless
of the offense' with which he was originally charged.
20.05 Parking Violations. Whenever a motor vehicle is found parked without an
operator in violation of any of the parking restrictions of this ordinance, the police
officer shall enter on the traffic ticket the date and time, the Xicense number of
the vehicle and data as to the nature of the violation, and shall'aHix the ticket
conspicuously to the vehicle.
Parties to and Effect of Violations; Penalty. 21.
21.01 M.S., Sec. 169.90 (Duty of Owner; Aiding In Violation). -
21.02
21.03 M.S., Sec. 169.96 (Violation as Evidence of Negligence).
21.04 Penalty.
M.S . , Sec. 169 -94 (Record of Conviction not Admi'ssibl'e, etc. 1.
The performance of any act forbidden, or the failure to perform
any act required, by this ordinance shall be a misdemeanor, which shall be punishable
by imprisonment in the Village or County jail for not more than three months or 90 days,
whichever is the lesser, or by a fine of not more than $100.
thereof, are hereby repealed. Notwithstanding such repeal, they shall remain in force
as to all prosecutions commence.d.or arrests made thereunder prior to their repeal, and
.all proceedings involving alleged violations thereof shall be continued as if said ordi-
nances remained in effect.
of
0RDINANCE.NO. 51B-5 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 51B-5
which adopts the fee schedule provided by the Uniform Building Code 'and in addition
calls for a $10.00 fee for demolition of buildings, whereupon Trustee Johnson offered
Ordinance No. 51B-5 for First Reading as follows:
'
Sec. 3. Ordinances Nos. 191 and 193 of the Village, including all amendments
Sec. 4. This ordinance shall be in full force and effect effective as
Y 19-9 at 12:Ol 'A.M.
e-
ORDINANCE NO. 51B-5
AN ORDINANCE AMENDING THE
BUILDING CODE OF THE VILLAGE
AS TO PERMIT AND OTHER FEES
. THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph (d) of Section 4 of Ordinance No. 51B (Building Code)
of the Village, as amended, is hereby deleted and a new paragraph (d) is enacted to
read as follows:
by Section 303 of said Code, there is hereby added the following paragraph:
be $10.00'."
"(a)
Irr(c) Demolition Fee.
To the schedule of building permit and plan-checkihg Tees prescribed
The fee for a permit to demolish a building shall
Sec. 2.
its passage and publication.
This ordinance shall be in full force and effect immediately upon
ORDINANCE NO. 51B-6 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 51B-6
which would give the Building Inspector authority to post notices prohibiting occupancy
of a dwelling until a certificate of occupancy has been issued. Following considerable
discussion, Trustee VanValkerlfjLrg offered Ordinance No. 51B-6 as follows:
276 1 12/5/66
.. .. . ,*-1 - .. .. ,. ,_ ORDINANCE NO. 5lB-6
AN ORDINANCE ADDING 'TO THE ENFORCEMENT
PROVISIONS OF THE BUILDING CODE
(ORDINANCE NO. 51B) AND PROVIDING A
PENALTY; AMENDING ORDINANCE NO. 51B
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Ordinance No. 5lB (Building Code) 65 the Village, as amended,
is hereby further amended by renumbering Section 7 thereof as Section 9, and adding
to said ordinance the following new Sections 7 and 8, as foilows:
other powers conferred upon him in said Uniform Building Code as the Building
Official, the Building Inspector shall also have the following powers:
firm or company which performed the work or upon the owner or occupant of the
premises where the work was done a written notice describing'the location and
nature of the violation &d the steps to be undertaken to remedy the violation,
and ordering that such steps be tak& within a r'easonable period from the date of
such service, which shall be not less than 5 days nor mdre tgan 90 'days. Failure
by the party so served to remedy the violafion within the period specified shal1,be
deemed a violation of this ordinance.
structure which has not received an occupancy certificate is or may be used or
occupied, he may post on such premises a notice stating that use*or occupancy thereof
is prohibited until such certificste shall be issued, an'd that the notice Gay not
be removed except by the Bul'lding Inspector or someone author'ized by'him td do so.
Any person who removes such a sign wit'hout having been authorized to do so by the
Building Inspector shall be deemed to have violated this ordinance.
punishable by.a fine of not exdeeding $100 or imprisonment in the Village or County
jail for a period of not exceeding 90 days, with cos'ts of prosecution in either
case to be added.'!
. Sec. 2. This ordinance shall be in full force and effect immediately
upon its passage and publication.
ORDINANCE NO. 66B-1 GRANTED FIRST READING.
for First Reading.
ordinance' Gaises the minimum permit fee to $5.00, bringing tge fee in' line with the
cost of issuing the permit and making the inspection and alsd permits enfogcement
of the ordinance. Trustee VanValkenburg then offered Ordinance No. 66B-1 for First
Reading as follows:
Section 1.
"Set. 7. Additional Powers of Building Inspector. In addition fo all
I (a3 He may, in case of any violation of said Code, serve upon the person,
(b) Whenever the Building Inspector has reason to suspect that a buiiding or
"Sec. 8. Penalty. Any violation of this ordinance shall be a misdemeanor
Mr. Hyde presented Ordinance No. 66B-1
Mr. Robert Bahneman, Plumbing Inspegtor itated that this
I
ORDINANCE NO. 66B-1 .. .. AN ORDINANCE AMENDING ORDINANCE NO. 66B
AS TO THE MINIMUM FEE FORPERMIT AND AS
TO ITS ENFORCEMENT '
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1.
"The fee for each permit shall be $5."
Sec. 2.
The second sentence of Section 29 of Ordinance No. 66B-1 of
<I
the Village is hereby amended to read as follows:
.
Section 33 of said ordinaice is hereby amended to read as
follows :
l'Sec. 33. Procedure in Cise of Violation.
The Plumbing Inspector of the Village shall notify the Village Manager (a)
or his deputy of any violation of any of the provisions of this ordinapce.
person, firm or company which performed th'e work or upon the owner or occupant.
of the premises where the work was done a written notice describing the location
and nature of the violation and the steps to be undertaken to remedy the violation,
and ordering that such steps be taken within a reasonable period from the date-of
such service, which shall be not less than 5 days nor more than 90 days. Failure
by the party so served to remedy the violation within the peridd specified shall be
deemed a violation of this ordinance."
(b) In case of any violation, the Plumbing Inspector may serve upon the
Sec. 3. This ordinance shall be in full force and effect upon its --. . passage and publication.
+- XhNEHAHA CREEK IJATERSHED DISTRICT REQUESTED BY COUNCIL. Mr . Hyde advised Council
that he had attended a meeting called by the County Attorney with respect to the
recent petition of the Board of County Commissioners of-Hennepin County calling for
establishment of a Minnehaha Creek Watershed District. Mr. Hite suggested that it
might be advisable to ask that the Cpunty,itself assume the responsibility for
planning and regulating all waterways in the County, but in the event that this is
not possible, consideration should be given to combining the existing seven watersheds
into one overall District.
municipalities are opposed to a creation of any organized control of Minnehaha Creek
because they fear that it would not be a Itgrass roots11 operation. Trustee MacMillan
pointed out that a watershed district improvement cannot be instituted without the
petition from the local community. Trustee MacMillan stated that he would like to
Mr. Hyde advised that it is evident that the Minnetonka
12/5/66 { 277
go on record that Edina join with other communities in establishing some type of
watershed district at the present time, whereupon he offered the following resolution
and moved its adoption:
RE.S 0 LU T I ON
WHEREAS, the Board of County Commissioners of Hennepin County has petitioned
the Minnesota Water Resources Board,. praying for the establishment of a watershed
district to be known as Minnehaha Creek Watershed District, and
WHEREAS, the Water Resources Board has scheduled a hearing on December 12, 1966,
at which time 'it will consider the need for such a district to be established, and
WHEREAS, a substantial portion of the Village of Edina is included in the
proposed district because Minnehaha Creek traverses the Village of Edina,
NOW, THEREFORE, BE IT RESOLVED by the Village Council of the Village of Edina,
that:
1. The Village of Edina recognizes that the future urbanization of land within
the Minnehaha Creek Watershed will create serious run-off problems unless
a comprehensive plan is prepared and implemented immediately, and
At present, a separate watershed district may be the only feasible means
of effectuating such plans and implementation, and
While the Village of Edina's experience with the Nine Mile Creek Watershed
District has been most satisfactory in securing a plantfor future oontrol
of that creek, it is belgeved that the establishment of separate, special
purpose taxing authorities which are not directly responsible to the electorate
should not be encouraged, and
Efforts should be made to provide that the responsibility and authority for
watershed planning and development be granted to Hennepin County,
event this is not possible, consideration should be given to combining several
of the present watersheds into one overall District.
2.
3.
4.
In the
Motion for adoption of the resolution was seconmy Trustee Johnson and on rollcall
there .were five ayes and no nays and the reso3tion was adopted-.
ATTEST : mP /@ Mayor
c;7j/i*-Lc,chi_ I Village Clerk
SNOW PLOWING POLICY DISCUSSED.
?s not to dispatch all plowing equipment until there is a snow cover between two to
three inches on the ground.
snowfall is three inches'or less, only arterials are plowed leaving residential
streets to the next working day, saving approximately $1,000 for a snowfall of this
size.
Mr, Hite stated that general policy for snow plowing
If the storm occurs during an overtime period and
BA-94 BIDS TO BE TAKEN.
time for Street Improvement No. BA-94, Trustee Tupa offered the following resolution
and moved its adoption:
Upon recommendation of Mr. Hite that bids be taken at this
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVEMENTS AND
DIRECTING ADVERTISEMENT FOR BIDS
FOR STREET IMPROVEMENT NO. BA-94
BE IT RESOLVED by the Village Council, Village of Edina, Minnesota:
1. The plans and specifications for the proposed improvements set forth*in the
following Advertisement for Bids form, heretofore prepared by the Village Engineer
and now on file in the office of the Village Clerk are hereby approved.
2. The Clerk shall cause to be published in the Edina Courier and Construction
Bulletin the following notice for bids for improvement BA-94.
ADVERTISEMENT FOR BIDS
BIDS CLOSE JANUARY 13, 1967,
PLANT MIXED BITUMINOUS SURFACING WITH CLASS 5 GMVEL BASE,
%
AND PORTLAND CEMENT CONCRETE CURB ARD GUTTER
SEALED BIDS will be received and opened in the Council Chambers in the Edina Village
Hall, 4801 West 50th Street, at 1l:OO A.M., Friday, January 13,'1967, and the Village
Council will meet at 7:OO P.M., on Monday, January 16, 1967, to consiaer said bids for
Portland Cement Concrete Curb and Gutter. \
The following are approximate quantities of major items:
S/Y 411 Compacted Class 5 Gravel
S/Y 6" Compacted Class 5 Gravel
S/Y 2" Plant Mixed Bituminous Wearing Course, M.H.D. Specification 2341
L/F B6-18 Portland Cement Concrete Curb and Gutter
Each, Adjust Gate Valves and Manholes
the construction of Plant Mixed Bituminous Surfacing with Class 5 Gravel Base, and -
26,200 C/Y of Ekcavation
4,500
65,000
65,000
50,000
300
4,500 S/Y 2" Bituminous Driveway.Surfacing, M.H.D. Specification 2341
I 21,000 S/Y Cultured Sod
12/5/66
Work must be done as described in plans and specifications on
of the Village Clerk. Plans and specifications are available
$10.00 (by check), which deposit will be refunded upon return
specifications. No bids will be considered unless sealed and
file in the office
for a deposit of 7
of said plans and
accompanied by cash
deposit, bid bond or certified check payable to the Village CleEk -in the amount of
at least ten (10) percent of amount of base bid.
reject any or all bids.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
The Council reserves th'e right to
Florence B. Hallberg
Village Clerk
Notion for adoption of the resolution was sec
rollcall there were five ayes and no nays and
ATTEST:
1
e MacMillan and on
W Mayor l\bwL-L
Village Clerk
STATE AID FUNDS REQUESTED FOR S.A.P. NO. 20-136-01. Mr. Dalen recommended that
Council. request permission of the Skate Aid Division to encumber' $50,000 of 1'967
construction allotment for partial payment on S.A.P. No. 20-136-01, located at
West 77th Street from Parklawn Avenue to 2300' West, which project was completed on
November 21, 1966.
moved its adoption:
WHEREAS, the Village of Edina has obtained the Commissioner's approval of the plans
for the 6following I-lunicipal State-Aid Street Project:
Whereupon Trustee Tupa offered the following resolution and
RESOLUTION REQUESTING STATE AID FUNDS
S.A.P. No. 20-136-01, consisting of Grading located at Nest 77th Street
from Parklawn Avenue to 2300' West, and
17HEREAS, said Village has completed the construction of said project by providing
local funds to supplement the available funds in its Municipal State-Aid Street
Account, and
WHEREAS, repayment of the funds so advanced by the municipality is desired in
accordance with the provisions of Chapter 309, Laws of 1963,
NOW, THEREFORE, BE IT RESOLVED that thecommissioner of Highways be and is hereby
requested to approve this basis for financing said construction project and to
authorize repayments from the subsequent accruals' to the Construction Account of
Municipal State-Aid Street Fund for said Village within the limitations provided
by law and at the times and in the amounts herein indicatkd.
On or after February 1, 1967 - $50,000 from 1967 Allotment.
Motion for adoption of the resolution was secon
rollcall there were five ayes and no nays and t
I Village Clerk
TEASURER'S REPORT as of October 31, 1966, was presented by Mr. Dalen, reviewed,
and ordered placed on file by motion of Trustee MacMillan,,seconded by Trustee Johnson
and ca$r?ed.31- -c.d
,
I.
'C
LIQUOR REPORT as of October 31, 1966, was presented by Mr. Dalen, reviewed and
ordered place3 on file by motion of Trustee Tupa, seconded by Trustee VanValkenburg
and carried.
CLAIMS PAID.
for payment of the following Claims as per Pre-List dated December 5, 1966, as
follows: General Fund, $82,428.91; Construction Fund, $1,855.44; Park, Park
Construction, Swim Pool, Golf Course and Arena, $2,469.10 ; Water Fund, $366 . 94;
Liquor Fund, $32,146.84; Sewer Rental Fund, $1,310.18; Improvement Funds, $45,734.18;
Poor Fund, $65.74; Total, $166,377.33.
Motion by Trustee MacMillan, seconded by Trustee Johnson and carried
.. I "= -
--. ' The agenda's business having been covered, Trustee Johnson's motion for adjournment
was seconded by Trustee VanValkenburg and &wried. Adjournment at 10:25.
.. ".