HomeMy WebLinkAbout19690519_regularMINUTES OF THE REGULAR MEETING OF THE
EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON
MONDAY, MAY 19, 1969
I
Members answering rollcall were Councilmen Courtney, Shaw, VanValkenburg and
Mayor Bredesen. I
lrlINUTES of April 21, 25 and May 5, 1969, were approved as submitted by motion
of Councilman VanValkenburg, seconded by Councilman Shaw and carried.
PUBLIC HEARINGS CONDUCTED ON VARIOUS PROPOSED IFfPROVEWNTS. Affidavits of
Publication in the Edina Sun on May 8 and 15 and of Mailing on May 9, 1969,
were presented by Clerk, approved as to form and ordered placed on file.
suant to due notice given, public hearings were conducted and action taken as
hereinafter recorded:
A.
' THE FOLLOIJING: (P-BA-150)
Pur-
CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN
Londonderry Road from North line of Addition to South line of Addition
Biscyne Blvd. from Londonderry Road to East line of Addition
Newport Drive from Biscayne Blvd. to Stauder Circle
Mr. Hyde presented estimated project cost at $46,610.82, proposed to be
assessed against $4,360.40 feet at an estimated cost of $10.69 per assessable
foot.
received prior thereto.
B. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCmTE CURB AND GUTTER IN
No comments were heard from the audience and no objections had been
(See Resolution Ordering Improvement later in Minutes.)
THE FOLLOWING : (P-BA-149)
Lanham Lane
Fleetwood Drive
Mr. Hyde presented total estimated project cost at $24,023.22, proposed to be
assessed against 3,144.68 assessable feet at an estimated cost of $7.64 per
assessable foot, noting that the Village is holding a $25,000 deposit and sub-
divider's agreement under which payment will be made in full as soon as. the
project is completed. Mr. Hyde referred to a letter from Mr. M. P. Johnson,
developer, requesting that the project not be set up on an assessment basis.
Mr. Johnson also urged that the improvement be deferred until gas and storm
sewer are installed. No further comments were heard from the audience. (See
Resolution Ordering Improvement later in Minutes .)
C. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN
THE FOLLOWING : (P- BA- 15 1)
Nest 70th Street from France Avenue to Xerxes Avenue
Yorlc Avenue from West 69th Street to West 70th Street
Mr. Hyde presented total estimated project cost at $172,777.01, proposed to
be assessed against 5,395.42 estimated assessable feet at an estimated cost of
$32.02 per assessahle foot.
is along the perimeter of Southdale and that grading and gravelling had been
dona last year.
Ordering Improvement later in Minutes.)
Mr. Hyde noted that the area Proposed to be assessed
No.objections were heard from the audience, --'(See.Resolution
D. CONSTRUCTION OF GRADING AND GRAVELING IN THE FOLLOWING: (p-C-102)
West 76th Street from France Avenue to Xenres Avenue
Mr. Hyde presented total estimated project cost at $271,194.98 proppsed to be
assessed against 4,900.51 assessable feet at an estimated cost per assessable
foot of $55.34, noting that this is expensive since it involves moving a gas.
main and grade cuts up to fifty feet. Mr. R. E. Clark, 3428 W. 76th Street,
was advised by Mr. Hyde that his home will be unaccessible when the road is I
brought to grade and that cost of moving the house have been included in the
total cost. Mr. John Hedberg of Hedberg and Sons, said that he has no object-
ion to lowering the road but took exception to the methodL?.proposed. He sug-
gested that the project could be done at a much less expensive cost if abutting
property owners could salvage the gravel removed. Property owners could donate
right of way in exchange for the excavated materials.
Sand and Gravel concurred with Mr.*Hedberg's comments. Upon the recommendation
of Mr. Hyde, Councilman Courtney's motion that the matter be continued for
ninety days to explore the feasibility of Mr. Hedberg's suggestion and that
the project be programmed Ear. 1970, was seconded by Councilman Shaw and carried.
E.
A gentleman from Napco
CONSTRUCTION OF VILLAGE WATERMAIN AND APPURTENANCES IN THE FOLLOWING: (p-m+245)
To Serve 3509, 3517, 3525, 3605, 3713, 3725, 3729, 3801, 3805 and 3809
West 54th Street
I
F. PEmm STBEE SUEI?AC?XN@ IN THE FOLLCXJING: (P-BA-152)
P~~nent'S~~ee~-Surfac~~g in- W, -54th dSti-from Prance Ave. to Zenith Ave.
Replace existing Concrete Curb-and Gutter in 'w. 54th St. from France Ave.
+ New-Concrete 'Cu?b .and- GuGter;:in W. 54th St. from Zenith Ave. to Beard Ave.
to Drew Ave.
Items E and F above affecting the same properties, public hearings were conducted
simultahkously. Mr. Hyde presented total estimated project cost for G3btemfrain.
5/19/69
Cier+ic&s-:a& $34228:51: fikoposed to be assessed aga-nst either 140 assessable
feet at $8.78 per assessable foot or against 3 lots at $409.50 per assessable
lot.
given at $4,704.63, proposed to be assessed against 355 assessable feet at
$13,26 per assessable foot or against 7 assessable lot at $672.09 per lot.
estimated construction cost for bituminous street surfacing and concrete curb
and gutter was given at $11,698.62, proposed to be assessed against 1,453.34
assessable feet at an estimated cost of $8.05 per assessable foot.
mated project cost for concrete curb and gutter only was given by llr. Hyde at
$2,778.15, proposed to be assessed as follows:
Total estimated project cost for lateral extension and services was
Total
Total esti-
Total estimated footage on project - 539.6 feet
Estimated assessable footage - 259.74 feet @ $5-39, per..foot
Estimated Village share - 279.86 feet ( $1,376.9 1)
Nr. Hyde noted further that side lots are proposed to pay 1/3 footage under
the Village policy, with the Village to pay the remainder.
that these improvements are being proposed at this time at the request of
Ninneapolis, since the city is rebuilding its half of I?. 54th Street along
with other street improvements in the area.
no longer peplit hook-up to the existing 48" watermain, but that it is now pro-
posed to install an 8" main from Ewing Avenue to France Avenue and*a 6" main
from Chowen Avenue to Drew Avenus from which Edina properties could be serviced.
It vas further pointed out by Mr. Dunn that Ninneapolis proposes to change the
grade of the street from six to eight inches, but that if the improvements
are not authorized, llinneapolis will be requested to blend their work with
the Edina grade.
3605 17. 54th Street indicating thatshe was having problems with hez well.
owner of the property at 3517 17. 54th Street said that if water were avail-
able, he'would hook up but that he objected to replacing good street surfac-
ing. A letter from Mr. D. E. Bressler, 3625 I?. 54th Street, strongly object-
ing to the improvements on the grounds that the street is in good condition
and that he objects to. anything which would increase .his taxes.
Bordon, 3701 1.7. 54th Street, objected to the improvements and also complained
about the speed of cars . BIr. Bob Withrow, 5400 Abbott Place, was advised that
the street surface in front of his house will be replaced soon.
Jordan was told that properties which already had water would be assessed for
street surfacing only. Councilman Shaw pointed out that unless water service
is authorized, existing wells would have to be redrilled or repaired. In view
of the fact that none of the property owners present indicated any support for
these improvements, Councilman Courtney's motion abandoning Street Improvement .
P-BA-152 and Natermain P-1JM-24Skwas seconded by Councilman Shaw and carried.
G. CONSTRUCTION OF ST0Hf.I SEWER AND APPURTENANCES P-ST.S. 119 IN THE FOLLOWING:
llr. Hyde presented total estimated project cost at .$36,218.13, proposed to be
assessed against 1,743.661 square feet at $0.01828 per assessable square foot.
He noted that approximately 12% ($4,346.18) is proposed to be paid from State
Aid Funds. Hr. Richard R. Lund, owner of Lot 1, B'lock 2, Schey's Park View
32d Addition, questioned whether his land drained into the storm sewer district.
It 17as noted that a letter had been received from an attorney representing
3lr. Mark 31. lloore, Jr., 6828 Chapel Hill Lane, indicating that this property
had already been assessed for storm sewer improvement.
be checked before the Assessment Hearing.
(See Resolution Ordering Improvemenv later in Minutes.)
H. CONSTRUCTION OF ORN&lENTAL LIGHTING P-L-6 IN THE FOLLO17ING:
Parklawn Avenue from France Avenue to West 77th Street
I?. 76th Street from France Avenue to Parklawn Avenue
Parklawn Court from Parklawn Avenue to cul-de-sac
Vest 77th Street from Parklawn Avenue to Highway #lo0
Computer Avenue from1Jest 77th Street to Viking Drive
Viking Drive from Computer Avenue to Highway $'lo0
llr. Hyde presented total estimated-project cost at $58,153.20, proposed to be
assessed against 18,187.01 assessable feet at an estimated cost of $3.20 per
assessable foot.
on 30 foot high davit steel poles and will be installed at approximately 300
foot intervals, if approved.
on the absence of light in the area. Mr. Gilbert Brooks, owner of apartment
buildings on Lots 3, 4 and 5, Block 2, Bertelson Addition, protested the improve-
ment on the grounds that his property has adequate lighting with the gas lights
on his property,.and because of the expensive fire control system he had been
forced to install and the increase in his taxes.
be continued for a year or two.
lights in the area Yut that a complete system is needed in the interest of safety.
He suggested the possibility
Mr. Hyde explained
3lr. Dunn said that Minneapolis will -
Mr. Dunn noted that he had received a call from the owner of
The
Mr. Kenneth
Blr. 1Jilliam
I
Gleason Road from Schey Drive to 1075' North .
These properties will
No further comments were heard.
I The proposed fixtures are 400 watt Mercury Luminaires mounted
He noted also that complaints had been received
He requested that the matter
Mr. Dunn noted that there are some individual
of overhead wooden poles which would be less ex-
* and instructing the Village Manager to convey to the City of Minneapolis the
feelings of the Council
5#19/69 109 ,
I pensive but also less attractive, and that the ornamental lights would tie in
with the general area. Mayor Bredesen noted that since only three lots out of
forty oppose the improvement, it appears that the vast majority want the
ornamental lights. No further discussion was heard. (See Resolution Ordering
Improvement later in Minutes.)
I. CONSTRUCTION OF STORM SEWER 114 AND APPURTENANCES IN THE FOLLOWING:
West 52nd Street from Minnehaha Creek to Halifax Avenue
Halifax Avenue from West 52nd Street to West 49% Street
West 49% Street from France Avenue to West of Halifax Avenue
West 50th and France Ring Street, Halifax Avenue to France Avenue
Mr. Hyde advised that a re-hearing is being conducted on this improvement
because the new estimate of cost of $193,132.14 is considerably higher than the
estimated cost of $127,000 given at the original hearing of June 17, 1968.
comments were heard from the audience.
later in Minutes.)
J. CONSTRUCTION OF ORNAMENTAL STREET LIGHTING P-L-7 IN THE FOLLOWING:
No
(See Resolution Ordering Improvement
Proposed Street from West 51st Street and France Avenue to West 50th
Street and Halifax Avenue
Mr. Hyde presented total estimated project cost at $24,080.00, proposed to be
assessed against 377.114 assessable square feet at $0.064 per square foot. No
objections being heard, Councilman VanValkenburg.offered the following resolu-
tion and moved its adoption:
RESOLUTION ORDERING IMPROVEMENTS
BA-150, BA-149, BA-151
STORM SEWERS 119 AND 114
ORNAMENTAL LIGHTING L-6 AND L-7
BE IT RESOLVED by the Council of the Village of Edina, Minnesota that this
Council heretofore caused notice of hearing to be duly published and mailed to
owners of each parcel within the area proposed to be assessed on the following
proposed improvements:
1. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
BA-150 IN THE FOLLOWING:
Londonderry Road from North line of Addition to South line of Addition
Biscayne Blvd. from Londonderry Road to East line of Addition
Newport Drive from Biscayne Blvd. to Stauder Circle
BA-149 IN THE FOLLOWING:
Lanham Lane
Fleetwood Drive
BA-151 IN THE FOLLOWING:
West 70th Street from France Avenue to Xerxes Avenue
York Avenue from West 69th Street to West 70th Street
4. CONSTRUCTION OF STORM SEWER 119 AND APPURTENANCES IN THE FOLLOWING:
Gleason Road from Schey Drive to 1075' North
5. CONSTRUCTION OF ORNAMBNTAL LIGHTING L-6 IN THE FOLLOWING:
Parklawn Avenue from France Avenue to West 77th Street
W. 76th Street from France Avenue to Parklawn Avenue
Parklawn Court from Parklawn Avenue to cul-de-sac
West 77th Street from Parklawn Avenue to Highway #lo0
Computer Avenue from West 77th Street to Viking Drive
Viking Drive from Computer Avenue to Highway #lo0
West 52nd Street from Minnehaha Creek to Halifax Avenue
Halifax Avenue from West 52nd Street to West 49% Street
West 49% Street from France Avenue to West of Halifax Avenue
West 50th and France Ring Street, Halifax Avenue to France Avenue
Proposed Street from West 51st Street and France Avenue to West 50th
Street and Halifax Avenue
and at'the h'earlng 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 con-
struction of said improvements 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 improvements are
hereby designated and shall be referred to in all subsequent proceedings as
follows:
2. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER
6. CONSTRUCTION OF STORM SEWER 114 AND APPURTENANCES IN THE FOLLOWING:
7. CONSTRUCTION OF ORNAMENTAL LIGHTING L-7 IN THE FOLLOWING:
110 5/19/69
No. 1 Above STREET IMPROVEMENT NO. BA-150
No. 2 Above STREET IMPROVEMENT NO. BA-149
No. 3 Above STREET IMPROVEMENT NO, BA-151
No. 4 Above STORM SEVER IMPROVEMENT NO, 119
No. 5 Above ORNAMENTAL LIGHTING L- 6
No. 6 Above STORM SEWER IMPROVEMENT NO. 114
No. 7 Above ORNAMENTAL LIGHTING NO. L-7
and the'area to be specially assessed therefore for Street Improvement No. BA-
150 shall include Lots 1 thru 13, incl., Block 1; Lots 1 thru 5 incl.,
Block 2; Lots 1 thru 4 incl., Block 3; and Outlot "A" all in Parkwood Knolls
16th Addition; and Parcel 2755, Sec. 31, T. 117, R. 21. The area to be spec-
ially assessed for Street Improvement No. BA-149 above shall include Lots 1,
2 and 3, Block 1; Lots 1 thru 15 incl., Block 2; Lots 1 thru 13 incl., Block
3; all in M. P. Johnson's Prospect Hills Addition. The area proposed to be
assessed for Street Improvement No. BA-151 above shall include Tracts A and
E, R.L.S. #1171; Tract A, R.L.S. $11233; Tract M, R.L.S. #629; Parcels #412
and f8401, Sec. 32, T. 28, R. 24. The area proposed to be assessed for Storm
Sewer Improvement No. 119 above includes all lots and tracts of land within the
following described boundaries: Commencing at the Northwest corner of Lot 1,
Block 2, Schey's Park View 3rd Addition; thence Southeast to a point in said
Lot 1, said point being 75 feet South of the North line and 50 feet West of
the East line of said Lot; thence Easterly to a point on the West line of Lot
1, Block 3, Shey's Park View 3rd Addition, 'said point beirig'93.17. feet North
of the Southwest corner of said Lot 1; thence Northeasterly to a point on the
Northerly line of Lot 2, Block 1, Schey's Park View Addition, said point being
80 feet Northwesterly from the Northeast corner of said Lot 2; thence Northerly
to a point on the North line of Lot 2, Block 1, Schey's Park View 2nd Addition,
said point being 100 feet Westerly from the Northeast corner of said Lot 2;
thence Northwesterly to a point in the North line of Lot 1, Block 1, Schey's
Park View 2nd Addition, said point being 140 feet West of the Northeast corner
of said Lot 1, thence Northwesterly to a point in the North line of Lot 12,
Prospect Hills Addition, said point being 60 feet East of the Northwest corner
of said Lot 12; thence Northeasterly to a point in the West line of Lot 13,
Prospect Hills Addition, said point being 228.53 feet Northerly of the Southwest
corner of said Lot 13; thence Northwesterly to a point in the East line of
Lot 10, Prospect Hills Addition, said point being 40 feet South of the North-
east corner of said Lot 10, thence Northwesterly to a point in the North line
of Lot 9, Prospect Hills Addition, said point being 70 feet West of the North-
east corner of said Lot 9; thence Northeasterly to a point in the North line of
Lot 8, Prospect Hills Addition, said point being 50 feet Northerly of the
Northeast corner of said Lot 8; thence Northeasterly to a point is the East
line of Lot 7, Prospect Hills Addition, said point being 60 feet Northerly
of the Northwest corner of Lot 6, Prospect Hills Addition; thence Northeasterly
to a point in Tract "A", R.L.S. #971, said point being 100 feet East of the
West line and 100 feet North of the South line of said Lot "A", thence East
100 feet North of and parallel to the South line of said Tract "A" to the East
line of said Tract "A"; thence Northeasterly to a point on the East line of
Lot I, Block 1, Dublin Hills Addition, said point being 50 feet North of the
Southeast corner of said Lot 1; thence Northwesterly to a point on the West
line of said Lot 1, said point being 30 feet North of the Southwest corner of
said Lot 1; thence Northwesterly to a point on the West line of Lot 2, Block 1,
Dublin Hill Addition, said point being 30 feet North of the Southwest corner of
said Lot 2; thence Northwesterly to a point in the East line of Lot 4, Block 1,
Dublin Hill Addition, said point being 30 feet North of the Southeast corner
of said Lot 4; thence Northwesterly to the Northwest corner of Lot 9, Block 1,
Elm View 1st Addition; thence West 60 feet along phe Westerly extension of the
North line of Lot 9, Block 1, Elm View 1st Addition; thence Southwesterly to a
point 430. feet North of and 70 feet East of the Southeast corner of Lot 17,
Block 2, Braemar Hills 2nd Addition; thence Southwesterly to the Southeast
corner of Lot 17, Block 2, Braemar Hills 2nd Addition; thence Southeasterly to
a point 245 feet South of and 130 feet East of the Southeast corner of Lot 17,
Block 2, Braemar Hills 2nd Addition; thence Southerly to a point on the South
line of Gleason Road, said point being 50 feet Southeasterly from the North-
east corner of Lot 5, Block 4, Braemar Hills 2nd Addition; thence Southeasterly
t0.a point 265 feet East of and 100 feet North of the Northwest corner of
Outlot 3, Braemar Hills 2nd Addition; thence Southeasterly to a point 425 feet
East of and 85 feet North of the Northwest corner of Outlot 3, Braemar Hills
2nd Addition; thence Southeasterly to a point on the South line of the North
30 acres of the Northeast 114 of the Northeast 114 of*Sec, 7, T, 116, R..21,
said point being 560 feet East of the Northwest corner of Outlot 3, Braemar
Hills 2nd Addition; thence Southeasterly to a point on the West line of Gleason
.
I
I
5/19/69
Road, said point being the intersection of the Southwesterly extension of the
Southerly line of Lot 2, Block 1, Schey's Park View 3rd Addition and the West
line of Gleason Road; thence Southerly and Southwesterly along tl~ 'West line
of Gleason bad to the Southerly corner of Outlot 1, Schey's Park View 3rd
Addition; thence Southeasterly to the point of beginning. The area proposed
to be assessed for the cost of Lighgimg-bq3rovement No. L-6 above includes
Lots 1, 2, 3, 6, 10, 11, Block 1; Lots 1 thru 12 incl., Block 2; Lots 1 and
2, Block 3; and Outlot 1, all in Bertelsen Addition; Tract A, in R.L.S. #679;
Tracts A, C, D, E, F, G, H, I, J, K, L, $1, N, 0, P, R, S, in6R.L.S. ?"1050;-
Tracts A, C, D, E, G, H, I, J, I<, L, 11, N, 0, in R.L.S. 111129; Tracts A, B,
C, D, E, F, G, H, I, J, I<, L, 11, N, 0, P, Q, R, S, in R.L.S. 4121s; Parcel
5000 in Sec. 31, T. 28, R. 24; Tracts A and B in R.L.S. 111270. The area pro-
posed to be assessed for the cost of Storm Sewer No. 114 above includes lots
and tracts of land within the following described boundaries : Commencing at
the Northeast corner of Lot 20, Aud. Sub, 11172; thence West to the Northliest
corner of Lot 31, Aud. Sub. 1tQ72; thence South along the West line of said
Lot 31 a distalice of 137.5'; thence I.7est
North line of said Lot 32 to the Nest line of said Lot 32; thence North to the
Southeast corner of Lot 1, Block 1, Allata's First Addition; thence West
along the South line of Block 1, Allata's First Addition to the Southwest
corner of Lot 3; thence South along the East line of Lot 1, Block 1, I?. H.
Adams Addition to tlie Southeast corner of said Lot 1; thence West along the
South line of Lots 1 and 2, Block 1, V. H. Adams Addition to the Southwest
corner of Lot 2; thence North along the West line of said Lot 2, to the North-
east corner of Lot 1, Block 1, Replat of Lot 6, Block 1, Lund Kruse Addition;
thence Uest along the North line of Lots 1 and 2, Block 1 of Replat of Lot 6,
Block 1, Lund Kruse Addition to the Northwest corner of said Lot 2; thence
South along tl~ East line of Lot 5, Block 1, Lund Kruse Addition and its
Southerly extension to the North line of 'West 50th Street; thence East along
the North line of \Jest 50th Street to the intersection of the East line of
Halifax Avenue South of West 50'th Street extended North; thence South along
the East line of Halifax Avenue to the Southt7est corner of Lot 54, Aud. Sub;
#172; thence East along the South lines of Lots 54, 55 and 49 Aud. Sub. 11172
to a point in the South line of Lot 49, said point being 143 feet West of the
West line of France Kvenue; thence South 143 feet West of and parallel to the
West line of France Avenue, a distance of 72 feet; thence Vest at right angles
2 feet, thence South at right angles, a distance of 60 feet; thence East at
right angles, a distance of LO feet; thence South at right angles, a distance
of 132 feet; thence East at right angles to the West line of France Avenue;
thence North to the point of beginning. The area proposed to be assessed for
the cost of Ornamental Street Lighting L-7 listed above includes all lots
and tracts of land within the following described boundaries:
the Northeast corner of Lot 47, Aud. Sub.. i"172; thence !Jest along the South
line of \?est 50th Street: to the No'rthwest corner of Lot 2, Bloclc'l, Stevens
1st Addition; t5ence South along the \Jest line of said Lot 2 to the Southvest
corner of said Lot 2; thence East along the South line of Lots 2 and 1, Stevens
1st Addition and its Easterly extension to the East line of Halifax Avenue;
thence South along tlie East line of Halifax Avenue to the Southwest corner of
Lot 54, Aud. Sub, #172; thence East along the South line of Lots 54, 55 and 49,
Aud. Sub. #172 to a point in the South line of Lot 49, said point being 143 feet
West of the West line of France Avenue; thence South 143 feet West of and
parallel to the West line of France Avenue, a distance of 72 feet; thence
k7est at right angles 2 feet; thence South at right angles, a distance of 60
feet; thence East at right angles, a distance of ten feet; thence South at
right angles, a distance of 132 feet; thence East at right angles to the
West line of France Avenue; thence North to point of Beginning.
Notion for adoption of the resolution was
rollcall there were four ayes and no nay
ATTEST:
137.5' South of and parallel to the
Commencing at
cdndcd by Councilman Shaw and on
and the resolut-io 88s adopted.
Nayor A- 7ZLYdL4/ ?L,.
Village Clerk /'
ALTEWATE PLAN APPROVED FOR HALIFAX AVENUE STREET VACATION.
Notice were presented by Clerk, approved as to form and ordered placed on file.
Mr. Hoisington presented the proposal for the vacation of Halifax Avenue just
south of the Ring Route which is to be completed by November 1, 1969, as a
part of the 50th and France Business District improvements. This proposal is
recommended by the staff and the Planning Commission and would provide a cul-
de-sac on Halifax Avenue south of the vacated street.
that because of the substantial increase in traffic over the past years, resi-
Affidavits of
Mr. Hoisington noted
5./19/69
dents
vacation. It was noted that Northern States Power and Northwestern Bell Tele-
phone Company had no objections to the vacation but that Minneapolis,Gas
Company have requested a suitable easement coGering their gas main.
Gislasen, 5205 Minnehaha Blvd., advised that he represents 130 families living
on nearby streets who opppse the streetvacation on the grounds that it will
force traffic on to Arden, Juanita, Indianola and Bruce Avenues and Minnehaha
Blvd. These streets, he'noted, are narrow and not intended for thru traffic
which would be particularly hazardous-for children walking to Arden Park.
Gislasen pointed out that France Avenue will always carry a large volume of
traffic and that drivers will look €or alternate routes rather than drive
through the traffic congestion at 50th and France. He added that Halifax
Avenue is used by residents living between France and Wooddale Avenues and
between 50th and 58th Streets and that traffic will increase further with the
improvement of the 50th and France Business District. Concurring with Mr.
Gislasen were Messrs. William J. Grace, 5037 Indianola Avenue, Charles Horn,
5100 Juanita Avenue, John E. Harris, 5017 Arden Avenue, Thomas Stevenson, 5136
Indianola Avenue, E. A. Anderson, 5117 Arden Avenue, and Mrs. W. H. Hauck, 5029
Indianola Avenue who pointed out that Planning Commission was not unanimous in
its recommendation for the street vacation. Mrs. l?alker Whitley, 5117 Juanita
Avenue, noted that if Halifax should be vacated, it would be difficult for
emergency vehicles to obtain access to the area. Miss Marie Holton, 5117
Halifax Avenue, said that she did not sign the petition but that she favors
the diagonal route.
the vacation, noting that curves and hills do exist in Halirax Avenue to such
an extent that it is difficult to back out of driveways. He complained also
of the speed of cars using the street. The resident at 5125 Halifax Avenue,
Robert Cooper, 5325 Halifax Avenue, A. L. Burgess, 5329 Halifax Avenue, N. W.
Woodward, 5032 Halifax Avenue, and W. B. Spaulding, 5121 Halifax Avenue, all
spoke in support of the street vacation. Mayor Bredesen stated that he does
-not favor any street closing which would create a private street and which would
create additional problems. Following considerable discussion, Councilman
Shaw moved that the vacation of Halifax Avenue be abandoned, that four-way-stop
signs be installed at'52nd and Halifax and that a limited entry to the Ring
Road at the north end of Halifax Avenue be provided.
that this plan would provide a road which would turn and come in to the Ring
Road at right angles and would discourage, but not prohibit, traffic from
going either north or south. Mrs. T, J. Davies, 5036 Halifax Avenue, said
that the Planning Commission would not think this plan was any better than
leaving the street open as it is at present.
can be made later if necessary.
Councilman VanValkenburg and carried.
on Halifax Avenue have submitted a petition for the proposed street
Mr. Robert
Mr.
L. Nr. Walter Waters, 5320 Halifax Avenue, spoke in favor of
Mr, Hoisington noted
She was assured that changes
Councilman Shawls motion was then seconded by
ORDINANCE NO. 261-186 GRANTED FIRST RkADING.
by Clerk, approved as to form and ordered placed on file.
sented the petition of William Delaney for zoning change for Lots 1 and 2,
Block 5, McCauley Heights I11 Addition from R-1 Residential District to R-2
Multiple Residential District. Mr. Hoisington noted that the Planning Commis-
sion had approved R-2 zoning on these two lots as well as five others in
the plat on November 1, 1967. There was also a proposal for an office develop-
ment along County Road 18 at that time but zoning was withheld by Council'until
the property located between Margaret's Lane and McCauley Circle was platted.
Planning Commission has recommended approval of R-2 zoning on Lots 1 and 2,
Block 5, McCauley Heights 111 Addition, and also that R-2 zoning be approved
for the area between Margaret's Lane and McCauley Circle when that property is
platted. Mrs. $Helen Delapey, owner of property in the area, noted that she is
in favor of the zoning change.
Councilman VanValkenburg offered Ordinance No. 261-186 for First Reading as
follows :
AffiilaTiitsL of..Notice were presented
Mr. Hoisington pre-
No further discussion was heard, whereupon
ORDINANCE NO, 261-186
AN ORDINANCE AMENDING ORDINANCE NO, 261
(ZONING ORDINANCE) OF THE VILLAGE OF EDINA
ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
SECTION 1.
4 (Nultiple Residence District) of Ordinance No. 261 of revised ordinances of
the Village of Edina, is hereby amended by adding the following sub-paragraph:
Paragraph 1, Multiple Residence District Boundaries of Section
District R-2 :
L'(50)
Section 2.
Lots One (1) and Two (2), Block Five (5), McCauley Heights 111
Addition :
This Ordinance shall be in full force and effect from and after
its passage and publication according to law.
5/19/69
INDIAN HILLS ARROWHEAD ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hois-
ington presented Jndian Hills Arr0whea.d Addition for preliminary plat approval
which ,approval had been continued from Meeting of May 5, 1969, so that Brauer
and Associates could complete a study ,as to
area. The Bruaer Study indicated that there is no reason to believe that the
area would not be developed in conformance with'surrgundlng properties, since
the lots are larger than thos,e in Braemar Hills and the street layout is good.
Mr. W. J. Streeter, 6712 West Trail, advised that he has talked with Mr. Peter-
son who has answered his questions satisfactorily. In reply to a question from
the audience, Mr. HoEsiington said that Mr. Humes has not decide6 just how his
property will be developed. Mr. Herman Ratelle, 6716 Arrowhead Pass, and Mrs.
William F. Turner, 6608'Mohawk Trail, asked questions pertaining to topography
and street layout which were answered by Mr. Hoisington.
Spencer, 6605 Iroquois Trail, was told that the Post Office would be contacted
before street names were- finally approved. No further discussion being heard,
Councilman Courtney offered the following resolution and moved its adoption:
its cbmpatability with the general
Mr. Hoisington also
1 said that there is no concern about any traffic problem in the area. Mr. BernaEd
RESOLUTION APPROVING PRELIMINARY PLAT OF
INDIAN HILLS 'ARROWHEAD ADDITION
BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota,
that that certain plat entitled "Indian Hills Arrowhead Addition'.', platted by
Jerome J. Peterson and presented at the Meeting of the Edina Village Council
of May 19, 1969, be and is hereby granted preliminary approval.
Motion for the adoption of the resolu
on rollcall there were four ayes
ATTEST:.
A1 0.
9 Village Clerk
63
LOT 10, BLOCK 2, VALLEY VIEW HEIGHTS BASEME3T VACATED,
were presented by Clerk, approved as to form and ordered placed on file. Mr.
Hyde advised that it is necessary to correct an easement situation in Lot
110, Block 2, Valley View Heights and that upon the vacation of the existing
storm sewer easement, Mr. Donald R. Berg, 5900 Hansen Road, owner of the pro-
perty will grant the Villagelan additional easement for the Northeasterly
ten feet of Lot 10, Block 2, Valley View Heights. No objections were heard,
whereupon Councilman VanValkenburg offered the following resolution and moved
its adoption:
Affidavits of Notice
RESOLUTION VACATING STORM SEWER EASEMENT IN e
WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be
held on May 19, 1969, at 7:OO p.m., on the proposed vacation of the storm
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 storm sewer easement
be and is hereby vacated:
LOTLlO, BLOCK 2, VALLEY VIEW HEIGHTS
The Northeasterly ten (10) feet of Lot 10, Block 2, "Valley
View Heights", according to the recorded plat thereof on
file in the office of the Register of Titles in and for
Hennepin County, Minnesota,
Motion for adoption of the resolution
$ol'l-call there were four ayes and .no.
ATTEST:--- - __ -. - .-.--. ___ :.__ - ..= __ -_
3* / 1APA s?
Village Clerk
DEEP
rete:
May
Laynt
Caswt
by Cc
-
BIDS
tabu:
Sun (
tion
west
-
WELL PUMP REPAIR BID AWARDED. Mr. Hyde presented tabulation of two bids
ived in response to.Advertisement for Bids in the Construction Bulletin on
I and May 8, 1969 and in the Edina Sun on May 8, 1969. Tabulation showed
2 Minnesota Company recommended low bidder at $2,403.38 with Bergerson-
211, Inc. at $2,521.25. Councilman VanValkenburg's motion was seconded
mncilman Courtney and carried for award of bid to Layne Minnesota Company.
AWARDED FOR SAND, ROCK AND BITUMINOUS MATERIAL. Mr, Hyde presented
Lation of bids received in response to Advertisement for Bids in the Edina
in May 8 and in the Construction Bulletin on May'8 and 15, 1969.
showed:: Concrete Sand:: Fisher Sand & Aggregate Company, $1.40; North-
Gravel Company, Inc.,$l.40; Hedberg & Sons, $1.45;, Oscar Roberts Co.,
Tabula-'
5/19/69
$2.25 J. I.. Shiely Co., $2.25. Buck Shot FA-4: Fisher Sand & Aggregate Company,
$2.35; Northwestern Gravel Company, $2.35; Oscar Roberts Co., $2.95. Buck Shot - FA-3: Fisher Sand &Aggregate Company, $2.19; Oscar Roberts Co., $3.05, Course
Aggregate: River Warren Aggregate, Inc., $2.35; Fisher Sand & Aggregate Company,
$2.40; Northwestern Gravel Company, Inc., $2.60; Oscar Roberts Co., $3.05;
J. L. Shiely Co., $3.25. Gravel Base: Black Top Service Co., $1.40; B & R
Rock Products Co., S1.5O;Fisher Sand & Aggregate Company, $1.60; Oscar Roberts
Co. and Northwestern Gravel Company, Inc. at $1.65 each. Limestone C-A-5:
$2.35 for River Warren Aggregate; Bryan Dresser Trap Rock, Inc. $2.60; J. L.
Shiely Co., $3.25. Seal Coat Chips: Bryan Dresser Trap Rock, Inc., $5.20.
Ready Mix Bituminous Materials: Midwest Asphalt Corporation, $5.25; Bury &
Carlson, Inc., $5.25; Black Top Service Co., $5.00, Cut Back Asphalt Spec.
113152; Richards Oil Co., $0,1050; Northwestern Refining Co., $0.1110; Great
Northern Oil Co., $0.1111; Bury & Carlson, Inc. $0.18, Cut Back Asphalt Spec.
113156: Richards Oil Co, $0.1100; Northwestern Refining Co,, $0,1165; Great i:
Northern Oil Co., $0.1175; Black Top Service Coo, $0.145. No bids were received
for Rubberized Seal Coat Asphalt or Stabilizing Asphalt.
motion for purchase from recommended bidders in allccases was seconded by
Councilman Courtney as follows: Concrete Sand to Fisher Sand & Aggregate Co.,
at $1.401 ton delivered, since Fisher Sand & Aggregate was low bidder on other
items and the possibility of better service was considered;
Fisher Sand & Aggregate Co. at $2,35/ton delivered for reason mentioned for
Concrete Sand and also because of the possibility that no FA-4 will be used
if the FA-3 from the same company is satisfactory; Buckshor FA-3 to Fisher
Sand & Aggregate Co. at $2.19/ton delivered; Course Aggregate to River Warren
Aggregate, Inc., low bidder; Gravel Base to*Black Top Service Co. at $1.40/ton
delivered, low bidder; Limestone C-A-5 to River Warren Aggregate, Inc., at
$2.35/ton delivered, low bid; Seal Coat Chips to Bryan Dresser Trap Rock, Inc.
at $5.20/ton delivered; Ready Mis Bituminous Materials to Black Top Service
Co. at $5,OO/ton Village P.U. and to Midwest Asphalt Corporation at $5.25/ton
Village P.U. ('aat'ernate supplier needed should Black Top have a long waiting
line; award to Midwest on hasis of distance to the plant) Cut Back Asphalt Spec.
113152 to Richards Oil Coo at $0.1050/gallon delivered; Cut Back Asphalt Spec.
113156 to Richards Oil Company at $O.ll/gallon delivered. Motion was unanimously
carried,
ASPHALT PAVING MACHINE BID AI?ARDED. Mr. Hyde presented tabulation of three
bids received in response to Advertisement for Bids in the Edina Sun on May 8
and in the Construction Bulletin on May 8 and 15, 1969. Tabulation showed '
Zeco Company low bidder at $1,997.52, Arrow Equipment Company, second low bidder
at $2,995.00 and Hayden-Murphy Equipment do. at $3,298.00.
ing specifications, Councilman Courtney's motion for award to recommended low
bidder, Arrow Equipment Co;, was seconded by Counciclman VanValkenburg and
I
Councilman Shawls
Buckshot FA-4 to
I
The low bid not meet-
. carried.
MOWER BID REJECTED.
mowgr,;fGr the golf course was from R. L. Gould & Co. in the amount of $2;900.00.
The bid being high, Councilman ShawJs motion to reject the bid was seconded
by Councilman VanValkenburg and carried.
Mr. Hyde advised Council that the only bid received €or a
GROVE STREET OILING PETITION RECEIVED.
on file for processing for ailing Grove Street between Tracy Avenue and Johnson
Drive.
that residents be advised that the street must b,e paved as recommended by Mr.
Hyde, was seconded by Councilman Shaw and carried.
Petition was presented and ordered placed
Councilman VanValkenburg's motion that the petition be processed but
WATERMAIN PETITION RECEIVED FOR 6200 BLAKE ROAD.
of Mr. George D. Vanwagenen for watermain for 6200 So. Knoll Drive.
perty was assessed for a trunk watermain on Blake Road but not for lateral water-
main.
assessed the lateral waterm-ain charge of $1,110.05 and that it be spread on
the next nine years' taxes.
a lateral watermain is installed on South koll Drive, his property will be
assessed for its proportionate share, with.credit being given for the $1,1.10.05,
Councilman Courtney's mqtion ordering the petition for processing was seconded
by Councilman Shaw and carried.
ALTERNATE EXIT RE?gJESTED FOR EDINBROOK LANE ON TO T.H. 100.
a petition from residents _west .of. T.H.. 100 near Edinbrook Lane requesting an
alternate exit from their area to replace-the exit to be closed by the new
construction on T.H. 100. Mr. Hyde noted that plans for this stretch of high-
way had been approved some' time ago and that at this late date it will be dif-
Mr. Hyde presented petition
This pro-
The petition states Mr. VanWageien's understanding that he will be
Mr. Vanwagenen's petition also indicated that when
.. Mr. Hyde presented
I
5/19/69 I 115
ficult to make any changes.
petition for study as recommended by the Village Manager was seconded by
Councilman Shaw andscarried. Mrs, John Kellogg, 5009 Edenbrook Lane, and Ehe
Reverend Forrest Richeson, 5004 Edenbrook Lane, pointed out dangers of inadequate
access to the area and were assured that the matter would be studied by the
Engineers.
Councilman VanValkenburg's motion accepting the
VALLEY ESTATES FIRST ADDITION final plat approval was continued pending receBpt
of developer's agreement by motion -of Councilman' Oobrtney, seconded by Council-
man Shaw and carried.
HEARING DATES SET FOR VARIOUS ZONING MATTERS. As recommended by Mr. Hoising-
ton, Councilman Courtney's motion setting the following hearing dates was
seconded by Councilman Shaw and carried:
Edina Realty - S. W. Corner of France Ave. at W. 5lst St, - R-1 Residential
District to 0-1 Office Building District - June 16, 1969
J. A. Danens - Brookside Avenue - C-2 Commercial District to Planned
Industrial District - June 16, 1969
Edwin Willson - Lot Division - Government Lot 1, S. 33, T. 117, R. 21 -
June 2, 1969
*
T.H. 100 BETWEEN VALLEY VIEW ROAD AND INTERSTATE HIGHWAY 494 meeting will be
held with property owners and Mr. Hyde will present,progress report on June
2, 1969.
BRIDGE ON T.H. 200 OVER MINNEHAHA CREEK APPROVED BY COUNCIL. Mr. Hyde pre-
sented a petition signed by fifty-six property owners adjacent to Minnehaha
Creek and T.H. 100 requesting that a bridge be constructed across Minnehaha
Creek at T.H. 100 rather than the twin culverts proposed by the State Highway
Department. Mr. Floyd Lawman, i@o;-identified himself as-a hydraulic engineer
with €ianoo.ak*:CuEvert Company pointed out advantages of the twin culverts over
those of a bridge. Mrs. A. Anfinson, 4613 Cascade Lane, Dr. G. Slosser, 4602
Browndale Ave., Mr. Gene F! Bennett, 4901 Browndale, Mr. Rolin Baker, 4609
Cascade Lane, and Mr. and Mr?. Donald P. Bergquist, 4612 Cascade Lane, all
urged that the bridge be approved, rather than the twin culverts, contending
that a bridge would be morft.aesthetically pleasing and that the twin culverts
would cause back-up of debris floating down the creek. Mr. Cuyler C. Adams,
4618 Edgebrook Place, was advised that either plan would allow the same clear-
age for canoists. Mayor Bredesen advised that the difference in cost between
the two plans should be considered.. Mr. Walter Flumerfelt, 4911 Sunnyside Road,
advised that he favors construction of the culverts. Mrs. Kathy Gravelle,
4617 Cascade Lane, pointed out the danger of a canoe capsizing while going
through the culverts.
offered the following resolution and moved its adoption:
BE IT RESOLVED by the Edina Village Council that the Minnesota State Highway
Department be requested to construct a bridge over HirinebaBa Creek at T.H.lOO
rather than the twin culverts proposed; and
BE IT FURTHER RESOLVED that the Village Manager advise the Minnehota State
Highway Department of the wishes of this
Motion for adoption of the resolution
and carried.
Following eonsiderable discussion, Councilman Courtney
RESOLUTION
nded by Councilman VanValkenburg
LOT 1, BEMK 15, NORMANDALE ADDITION DIVISION DENIED.
Council that the requested division of Lot 1, Block 15, Normandale Addition
would result in two lots which would not meet ordinance requirements. Council-
man VanValkenburg's motion acc~~tjfig,,thelreconrmendation of the Planning Commis-
sion that the division be denied Was seconded by Councilman Shaw and carried.
Mr. Hoisington advised
COUNCIL MEETINGS TO BE HELD AT 4:OO P.M. EVERY OTHER MEETING DURING SUMMER.
Upon the recommendation. of .Mayor Bredesen, ~buncflm~~~.CauEen~~s~.~o~i~~ bhad
summer~Ca~n~~~.~Meet~ngs ..bs hgld-ab 4:QQI.cp.x~ ,fB5 ehe.. s&cond,,meet,ixig eac€i!%onth.
BICYCLES TO BE SOLD 'SO DEALERS ONLY AT AUCTION.
Councilman Shawls motion authorizing an auction at which bicycle dealers only
would participate was seconded by Councilman Courtney and carried.
noted that sale of bicycles in this manner is less time consuming for Police
Officers.
-
As recommended by Chief Bennett,
It was
5/19/69
w. 69%' STREET WEST OF FRANCE AVENUE TO BE SURFACED BY ADJACENT PROPERTY OWNERS.
Nr. Hyde recalled that a petition had been received for the vacation of Nest
69% Street west of France Avenue 'in order to obtain parking facilities for
adjacent properties.
decided if it is going to build a Regional Library in the area and recommended
that the adjacent property owners surface the area at their own expense.
Councilman VanValkenburg's motion instructing the Village Manager to so inform
adjacent property owners was seconded by Councilman Shaw and carried.
wI(E EDINA STUDY AUTHORIZED.
Company will investigate the feasibility of improving Lake Edina for a cost
not to exceed $3,500.
motion authorizing the study, with the cost to be assessed against the project
if it is approved was seconded by Councilman Shaw and carried.
BENNEHAHA BLVD. CLOSING AT W. 54TH STREET DENIED.
petition for closing Minnehaha Blvd. at W. 54th Street had been referred to the
Traffic Safety Committee which had recommended denial.
accepting the recommendation of the Traffic Safety Committee was seconded by
Councilman Courtney and carried.
He indicated that the' Hennepin County Library has not yet
Mr. Hyde advised Council that Barr EngineeSng
As recommended by 'Mr . Hyde , Councilman VanValkenburg s
Mr: Hyde recalled that a
Councilman Shaw's motion
- JOHN NEE CASE LOST BY VILLAGE.
panel had ruled against the Village in the matter of its dismissal of Johh Nee.
He added that the Village Attorney has recommended against appeal of the case.
CONPENSATION REVISIOk?S HELD FOR STUDY.
Hri Hyde were ordered held for study be motion of Councilman Shaw, seconded by
Councilman Vkklkenburg and carried. *
Mr. Hyde advised Council that the arbitration
Cdmpensation revisions recommended by
BIDS AUTHORIZED FOR WATERMAINS;:2%3 AND 244 AND STORM SEIJER NO. 119.
recommendation of Mr. Dunn, Councilman VanValkenburg offered the following
resolution authorizing advertisement for bids for Watermains 243 and 244 and
for Storm Sewer 119 and moved its adoption:
Upon the
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR PROPOSED IMPROVE3BNTS AND
DIRECTING ADVERTISEMENT FOR BIDS FOR
WATERMAINS 243, 244 AND STORM SEWER NO. 119
BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA:
1, The plans and kpecifications for the proposed improvements set forth in
the following Advertisement fqr 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 Sun and Construction
Bulletin the following notice for bids for improvements :
(Official Publication)
HENNEPIN COUNTY, MINNESOTA
ADVERTISEMENT FOR BIDS
WATERMAINS 243, 244 AND STORE1 SAER 119
BIDS CLOSE JUNE 13, 1969
VILLAC~E OF EDINA
SEALED BIDS will be received and opened in the Council Chambers in the Edina
Village Hall, 4801W. 50th St., at 11:OO A.M., Friday, June 13, 1969, and the
Edina Village Council will meet at 4:OO P.M. on Monday, June 16, 1969, to
consider skid bids for the construction of Natermains and Storm Sewer. The
following are approximate quantities' of major. items:
. WATERMAIN NO. 243 AND WATERMAIN NO. 244
3470
7
8 6" Gate Valves
L/F 6" D.I.P., Class 5 Watermain
Standard Fire Hydrants with 6" Gate Valves
40 Standard House Services izoo S/Y sod #
4000 C/Y Excavation
8600 S/Y 8" Thick Class 5 Gravel
STORE SEVER. NO. 119
1548 L/F 36", 30?, 24", 15ir and 12" R.C.P.
213 L/F 12" Bituminous Coated C.M.P.
13 Standard Manholes and Manhole Catch Basins
*I 1400 S/Y Sod
Work must be done as described in plans and specifications on file in the
office of the Village Clerk.
deposit of $25.00 (by check). Said deposit to be returned upon return of the
plans and specifications with a bona fide bid. No bids will be considered un-
less sealed and accompanied by cash deposit, bid bond or certified check pay-
able to the Village Clerk in the amount of at least ten '(10) percent of amount .!
Plans'and specifications are available for a
5/19/69
of base bid.
BY ORDER OF THE EDINA VILLAGE COUNCIL.
The Council reserves the r-&ht to reject any or all bids.
.- Florence B..Hallberg
Village Clerk
Motion for adoption of the resolution
on rollcall there were four ayes an
ATTEST :
nded by Councilman Courtney and
Village Clerk
ORDINANCE NO. 194 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 194
which provides for impounding unoccupied vehicles found in violation o'f Ordi-
nance No. 191A, whereupon Councilman VanValkenburg, noting that amounts in the
ordinance would be left blank until the contract is signed, offered Ohdinance
No. 194 for Eirst Reading as'fol-lows:'. . '
ORDINANCE NO. 194
AN ORDINANCE PROVIDING FOR THE IMPOUNDING OF
UNOCCUPIED VEHICLES FOUND TO BE 'IN VIOLATION
OF THE TRAFFIC ORDINANCE (NO. 191A);
AUTHORIZIhIG DESIGNATION OF A POUNDKEEPER: AND
IMPOSING IMPOIJ~DING AND STORAGE CHARGES.
THE VILLAGE COUNCIL OF THE VILUE OF EDINA, MINNESOTA, ORDAINS:
wherever found violating the provisions' of Ordinance No. 191 may be immediately
removed and impounded by the police officer in the manner hereinafter provided,
and shall only be surrendered to the duly,identified owner thereof upon the
payment of the fees hereinafter provided.
Bids for Pound Keepers. The Village Manager or his deputy shall
advertise for bids by persons, firms, or corporations desi'ring to act as pound
keepers of vehicles impounded under the provisions of this oridnance. Only ,
persons, firms or corporations conducting public 'garages shall be entitled to
bid for the right to perform the duty of'pound keeper. The notice'to bidders
shall be published not less than 10 days before opening of bids by the Village
Manager or his deputy.
right to reject all bids.
received, shall be referred to the Village Council and by it considered. The
Village Council in its discretion, may direct that bids be asked for service
from year to year, or for a period of not more than 5 years, or for a period of
one year with option in the Village Council to renew the .yearly contract, but
such renewals shall not exceed 4 additional years. After the acceptance of the
successful bid and the designation of the pound keeper, any vehible ordered to
be impounded by the police officer or any other duly authorized person shall be
immediately taken charge of by the pound keeper, and said vehicle shall be
released to the duly identified owner of said vehicle only upon payment of fees
required in this ordinance:
Sec. 4. Bond, The person, firm, or corporation whose bid is accepted
shall file with the Vi3lage Clerk a bond in the sum of $
upon the proper handling and safekeeping of,impounded motor vehicles, accessories
and personal property,, reimbursement of the Village and owners for loss thereof,
and to guarantee payment to the Village of'fees due under its contract.
with the impounding of any vehicle shall not exceed the amount agreed upon in
the current contract between the Village and the pound keeper, a true and
correct copy of which shall be on file in the office of the Chief of Police
for public inspection and reference, and the schedule of charges of such cur-
rent contract is hereby made a part of this ordinance as fully and to the same
effect as if set forth verbatim herein. The said towing charge shall include-
The sum of $
the pound keeper to the Village Treasurer on or before the 10th day of each
month.
with a capacity not exceeding one ton.
ing shall be $ and for each succeeding day thereafter, $
has tagged a vehicle to be impounded and.where $he owner or operator thereof
appears before the tagged vehicle has been hooked to the tuw truck and the
wheels thereof hoisted from the ground, the tow truck operator shall release
the said vehicle without the payment of any fe& or towing charge. Where the
tow truck operator has any such vehicle on the hoist and the wheels thereof
raised from the ground 'before the owner or operator thereof appears, he shall
Section 1. Unoccupied Vehicles May Be Impounded. Any unoccupied vehicle
Sec. 2.
The 'notice shall state that the Village'reserves the
Sec. 3. Referral to Village Council; Acceptance of Bids. Such bids, when
, conditioned
Sec. 5. Towning and Storage Charges. The Lowhg charge in connection
*
for clerical and administrative expenses incurred by the Village.
for each vehicle, collected as aforesaid, shall be paid by
$
The towing charge shali apply only to passenger cars and light trucks
Storage charge for the day of impound-
Sec. 6, Charge When Owner Appears Before Towing. Where a police officer
I
5/19/69
I
release the same upon the payment of a service fee to not exceed $ 1
and give a receipt for such payment. '
Sec. 7. Tow Truck Operator To Have Identification Certificate. The
Chief of Police and the impounder under contract with the Village jointly
shall see to and require that every tow truck operator answering a request by
the Police Department for the towing and impounding of any vehicle shall have
in his possession a true identification certificate, issued by the Chief of
Police. NO person shall act as a tow truck operator in answering any request
from the Police Department'for the towing of any vehicle to be impounded
without having in his possession such identification certificate herein pro-
vided for, and such tow truck operator shall exhibit such identification card
to the owner of the vehicle or his agent upon request therefor, and shall
truthfully answer any proper questions pertaining to the impounding of the
vehicle.
The police department will
endeavor to notify record owners of impounded vehicles not claimed within a
reasonable time of said impoundment by telephone or by letter upon receipt'of
records of ownership from the Secretary of State.
impounded as herein provided, from the ti-me it is talcen possession of by the
pound keeper and during the time it is impounded, and until the same is released
to the owner as herein provided, shall be considered to be in the custody of
the law, and no work shall be done thereon by the pound keeper, nor shall he
permit anyone to do any work thereon except the impounding and storage thereof
by his 'employee or his agent, until such car shall be released to the owner as
herein provided. All such cars when released shall be released to the owner
without further charge than the impounding and storage fees herein provided.
The pound keeper during the time the vehicle is impounded shall not permit
the owner or any other person to take or remove from the vehicle any part or
parts, or change or repair any part-or parts.
involved in criminal proceedings, and',which are designated by ,the Police
Department as,being held for that reason; shall be held and stored in inside
garages or on licensed parking lots.
Sec. 10. Release Form. Upon return of the vehicle the pound keeper
shall release the same by a release in writing which shall state the date of
such release together with the charges enumerated' thereon and the purpose for
which such charges were made. Such release shall be made in one original and
three copies. all of which shall be signed by the pound keeper and the person
to whom such release is made.. The Pound keeper shall retain the original of
such release and shall deliver one copy thereof to the owner of the vehicle and
two copies to the Police Department.
shall deliver one to the Village Clerk.
or indirectly, the impounding or towing of cars under this ordinance. If any
unoccupied vehicle is found upon the streets of the Village in such a damaged
condition as a result of accident or disrepair that it cannot be driven, and
is so located as .to constitute an obstrucFion of the street, the same may be
ordered impounded by the police officer; provided,'that if the owner or operator
thereof has requested, or does request that such vebicle be towed-to his own
or to any garage other than the pound keeper's, neither the pound keeper nor
the police officer, nor anyone else, shall order such vehikle to be impounded
in any public pound unless thepolice officer: considers possession of such car
is necessary in the prosecution of any person for violation of law.
vehicle is found or recovered under circumstances which do not give the Police
Department or the pound keeper knowledge OF means of inquiry as to the true
owner thereof, the Police Department shall immediately report such facts in
writing to the Village Clerk and Village Attorney, and if they are of the
opinion that the value of such vehicle justifies the giving of the notices of
sale on such vehicle as unclaimed property under Ordinance No. 18 of the
Village, they shall give such notices and sell such vehicles as unclaimed
personal property under said ordinance, accounting for and dkfiositing the pro-
ceeds of sale with the Village Treasurer as therein provided.
used by police officers when directing 'the towing and impounding of a vehicle.
Such red tag shall be in the form prescribed by the Chief of Police and shail
contain such' information as may be deemed neceSsary'inc1uding the make and
* license number of the vehicle so tagged, the d,ate and time of offense and the
offense charged, and any further information whlich the.Chief of Police shall
deem necessary and advisable.. It shall not be necessary for the+police officer
to awaif the arrival of a tow truck, and when said vehicle is towed and impounded
by a duly authorizedwing agency, it shall be the duty of the towing agency
Sec. 8. Police Department to Notify &ners.
Sec, 9. Storage of Impounded Vehicles. Any vehicle directed to be
*
All vehicles which have been
4
Of such two copies the Police Department
Sec, 11. Damaged Vehicles. The pound keeper shall not solicit, directly
.
Sec. 12. Sale of Vehicle Where Owner Cannot Be Identified. *If*any such
Sec, 13. Report of Police.Officer. Red-colored traffic tags shall be
5/19/69
m 02 a Q
to prepare a written report of the description of the vehicle with any inventory
of any personal properties visible therein at the time of the arrival of the
vehicle at such pound.
license numbar of the motor vehicle and the time of arrival at the pound, together
with a statement of the condition of the vehicle with regard to damaged parts
and such other information as may be necessary to adequately describe the
vehicle and property.
See. 14. Liability and Property Damage Insurance. The.pound keeper most
carry liability, property damage and fire insurance in a good reliable insurance
company licensed to do business in the State of Minnesota, which shall catitain
coverage in an amount of not less than $
than..$". total in any one accident, and not less than $
property coverage; and shall furnish'and file with the Village Clerk a certifi-
cate of such insurance of the insurer, which shall contain a clause providing
for a 10-day notice to the Village before cancellation. If bond or policy of
insurdnce is cancelled, the pound keeper,, before date of cancellation, shall
furnish and file a similar new certificate.
ions hereof shall automatically cancel the contract as of the date of the
cessation of such liability, prop-erty and fire,insurance coverage.
constitute part of any bid advertised by the Village Manager or his deputy and
of any contract entered into with the Village by any pound keeper, as fully and
to the same effect as if set forth at length in said bid.or contract and if
any part of portion of any such Fontr,act entered'into shall be inconsistent
,with the terms of this ordinance, the pkovisions hereof'shall in all respects
p revai 1.
Sec! 16. Tow Sheets and Receipts. Every poundkeeper'operating under the
terns of this ordinance pursuant to a contract with the Village shall ataall
times make and keep a "tow sheet" on all tows which shall show the time and
date of towing and impounding; the make, license number, and beneral condition
of the vehicle impounded. All tow sheets shall be consecutively,numbered, the
original and one copy of same to be delivered to the Police Department which
will, in turn, remit the'copy thereof 'to the Village Clerk.
keeper, upon releasing'any vehicle impounded under the terms of this ordinance,
shall gi've to the owner. or his agent a receipt for any moneys paid by such owner
or his agent to the pound keeper at the time of the release.
ORDINANCE NO. 58-A GRANTED FIRST READING.
Councilman VanValkenburg offered Ordinance No. 58-A for First Reading aa:!fol-
. lows :
The description and inventory must include the make and
.
to any one person and not less
fire and
Failure to comply with the provis-
. Sec. 15. Ordinance to Be Included in Bid. This ordinance shall be and
Every pound
Upon the recommendation of Mr. Hyde,
ORDINANCE NO. 58-A
AN ORDINANCE AMENDING ORDINANCE NO. 58. RELATING TO REGULATING
STEAM BATHS. mAT BATHING ROOMS, BATHROOMS AND RESTROOMS, AND
THE INSTALLATION, CONSTRUCTION AND MAINTENANCE OF 'PUBLIC
PRESCRIBING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, .ORDAINS:
Section 1.
is hereby amended to read as follows:
"Section 2. Construction Requirements. (a) All public steam baths, heat
bathing rooms, restrooms and bathrooms shall be constructed of materials which
are impervious to moisture, bacteria, mold or fungus growth.
joints shall be constructed to provide a sanitary cove with a minimum radius
of 3/8 inch."
Section 2. This ordinance shalJ be in full force and effect immediately
upon its passage and publication.
Paragraph (a) of Section 2 of Ordinance No. 58 of the Village
The floor to wall
ORDINANCE NO. 121-A $DELPTED. Mr. Hyde presented Ordinance No. 121-A-1 amend-
ing the qualifications for the Village Public Health Sanitaria3 and Deputy
Public Health Sanitarian, advising that he was unable to find/w%O%t previous
qualifications at a reasonable salary. Councilman Shaw then offered Ordinance
No. 121-A for First Reading with waiver of Second Reading and moved its adoption -.
as follows:
ORDINANCE NO. 121-A- 1
AN ORDINANCE AMENDING ORDINANCE NO. 121-A RELATING TO
QUALIFICATIONS OF' VIL~GE DEPUTY FUBLTC HEALTH' SANITARIAN
I
THE VILLAGE COUNCIL OF TW VILLAGE OF EDINA, MINNESOTA, ORDAINS:'
amended to read as follows:
Health Sanitarian shall be appointed by the Village Manager.
also appoint a deputy Public Health Sanitarian, who shall assume all the duties
of the Public Health Sanitarian during his absence or disability.
Health Sanitarian and his deputy shall be qualified for such position by
Section 1.
"Section 6
Section 6 of Ordinance No. 121-A of the Village is hereby
Village Publcc Health Sanitarian: Deputy. The Village Public
The Manager may
The Public
5/19/69
academic training or experience in matters concerned with and related to
public health.
Motion for adoption of the ordinance w
on rollcall there were four ayes and n
ATTEST :
by Councilman Courtney and
-dLd#L, Mayor-
Village Clerk 4
I PEDDLERS AND SOLICITORS ORDINANCE REVIEQ PROPOSED.
amendments are needed for the Peddlers and .Solicitors Ordinance.
said that he would like to meet.witli the 'Council and the Village Manager to
discuss possible revisions to the ordinance. before drafting any amendment.
Mr. Hyde advised that some
Mr. Spencer
.
T.H. 100 AT W. 77TH
BY LEGISLATURE. Mr.
adopted Chapter 260
STREET INTERCHANGE LOAN TO STATE HIGHWAY DEPARTMENT APPROVED .
of Laws of Minnesota, 1969, authorizing the loan of money
Hyde advised Council that the Minnesota State Legislature
by the Village to the State for the Bonstruction of the interchange at T.H. 100
at W. 77th Street and that to be effective, the Law must be approved by a
resolution ,adopted by the Council and filed with the Secretary of Stat'e.
recommended by Mr. Hyde, Councilman Shaw then offered the following resolution
and moved its adoption:
As
A RESOLUTION APPROVING LAWS 1969, CHAPTER 260,
A SPECIAL LAW APPLYING TO THE VILLAGE
BE IT RESOLVED by the Village Council of the Village of Edina that Laws 1969,
Chapter 260, entitled "An Act Relating to 'the Village of Edina: Authorizing
the Village to Advance Cash and Engineering Services to the Commissioner of
Highways to Expedite Highway Construction and Improyements Within the Village';
Authorizing the Village to Issue Bonds for Such Purpose; and Authorizing an
Agreement Between the Commissioner of Hlghways and the Village for Such Purpose",
is hereby approved, and the Village Clerk is hereby authorized and directed to
file with the Secretary of State a certificate stating the essential facts
necessary to the valid approval of said law by the Village, including a copy
of this resolution.
Motion for adoption of the resolution was seco
on rollcall there were four ayes and no nay
ATTEST :
e by Councilman Courtney and
andsthe resolu n was adopted. & @ Mayor &d
4
Village Clerk
P-1 SPECIAL ASSESSENT LEVY APPROVED BY STATE LEGISLATURE. Mr. Hyde advised
Council that the State Legislature adopted Chapter 396 of Laws of Minnesota,
1969, approving special assessment levy for Parking Improvement P-1. Council-
man Shaw thereupon offered the following resolution and moved its adoption:
A RESOLUTION APPROVING LAWS 1969, CHAPTER 396,
A SPECIAL LAW APPLYING TO THE VILLAGE
BE IT RESOLVkD by the Village Council of the Village of Edina that Laws 1969,
Chapter 396, entitled "An Act Relating to the Village of Ediqa; Authorizing the -
Levy, Collection and Relevy of Special Assessments for Automobile Parking
Facilities", is hereby approved, and the Village Clerk3 is hereby authorized
and directed to file with the Secretary of State a certificate stating the
essential facts necessary tosthe valid approval of said law by the Village,
including a copy of this resolution.
Motion for adoption of the resolution was s
con rollcall there were four ayes and no
ATTEST :
4
I- jk&- Yh,
Village Clerk
STREET IMPROVEMENT BA-148 TO BE CHARGED TO MAINTENANCE. Mr. Hyde recalled to
Council that if Street Improvement BA-148 Qs to*be paid from State Aid Funds, it
will be necessary to restrict parking on W. 54th Street to one side of the street
only and recommended that the cost be paid from maintenance funds.
VanValkenburg's motion that cost of B&-148 be paid from street maintenance funds
was seconded by Councilman Shaw and carried.
Councilman
PARKhlG RESTRICTED ON W. 66TH STREET BETWEEN T.H. 100 AND RIDGEVIEW DRIVE TO ONEI
SIDE OF STREET ONLY.
to one side of W. 66th Street between T.H. 100 and Ridgeview Drive (BA-110),
Uponrithe recommendation of Mr, Hyde that parking $e asstricted
5/19/69
Councilman Courtney offered the following resolution and moved its adopt-
ion :
WHEREAS, W. 66th Street between T.H. 100 and Ridgeview Drive is 36 feet in
width, which width is considered inadequate to pehnit parking on both sides
of the street;
NOa, THEREFORE, BE IT RESOLVED by the Edina Village Council that parking be
restricted to one side of W. 66th Street between T.H. 100 and Ridgeview Drive.
Motion for adoption of the resolution
rollcall there were four ayes and no
ATTEST :
RESOLTUION RESTRICTING PARKING ON WEST 66TH STREET
.
GLEASON ROAD FROM SCHEY DRIVE TO LOCHbIOOR DRIVE PARKING RESTRICTION APPROVED.
Upon the recommendation of Mr. Hyde that parking be kestricted to one side of
Gleason Road between Schey Drive and Lochmoor Drive (C-loo), Councilman Van
'Valkenburg offered the following resolution and moved its adoption:
WHEREAS, Gleason Road between Schey Drive and Lochmoor Drive is 36 feet in
width, which width is considered inadequate to permit parking on both sides
of the street;
NOW, THEREFORE, 'BE IT RESOLVED by the Edina Village Council that parking be
restricted to one side of Gleason Road from Schey Drive to Lochmoor Drive.
RESOLUTION RESTRICTING PARKING ON GLEASON ROAD
ATTEST :
FRANCE AVENUE PARKING BANNED FROM I?. 49% ST. TO W 50TH ST FROM. 4:OO 20 6 :00 P.M.
Mr. Hyde recalled that he had -been .instructed. to -contact_owners- of .businesses
on 50th and France and that a letter has be& received from Mr. Donald Myers
urgint that parking restrictions be placed only on France Ave. north of 50th
Street on the west side and south of 50th on the.east side.
that Minneapolis would place a parking ban on the east side if Edina took.such
action on the vest side.
action be taken as he had requested in his letter.
cussion, Councj.lman Shawfof5eredr,the following resolution and moved its adoption:
BE IT RESOLVED by the Edina Village Council that poip&&ihg bezperrnitted on
France Avenue between W. 49% Street and W. 51s< Street in Edina between the
hours of 4:OO p.m. and 6:OO p.m.
1
Mr. Hyde indicated
Mr. Myers appeared at the meeting and urged that
Following considerable dis-
RE SOLUTION
Motion for adoption of the resolution
and on rollcall there were four ayes
Councilman VanValkenburg
ATTEST :
Mayor d. &lu, 4
Village Clerk
VALLEY VIEW BRIDGE ON CROSSTOIJN HIGmdAY WIDENING CONTINUED.
that Hennepin County Highway Department has requested Council approval of Pro-
ject 16821 which provides for widening the Vallgg View Road bridge on the
Crosstown Highway to allow for widening the ramp on to France Avenue.
man VanValkenburg's motion continuing the matter until June 2, 1969, in orde+ . that further:study can be made was seconded by Councilman Shaw and carried. '
COUNTY ROAD 39 AND CSAH 18 INTERSECTION APPROVED.
for County Project 6914 (intersection of CSAH 18'and County Road 38) and recom-
mended approval, whereupon Councilman Courtney offered the following resolution
.and moved its adoption:
WHEREAS, Layout "F", dated April 30, 1969, for Hennepin County Project No.
6914 showing proposed alignment for the construction of County State Aid High-
way No.. 18 within the limits of the Village
prepared and presented to the Village :
NOW, THEREFORE IT IS RESOLVED that said Layout be in all things approved.
Mr. Dunn advised
Council-
Mr. Dunn presented Layout F
RESOLUTION
as a State Aid Project have been
5/19/69
Motion for adoption of the resolution was s
and on rollcall there were four ayes and no
ATT ST:
hL-r+4L d4Yh/
Village Clerk
POLICE RADIO SYSTEM APPROVED. Mr. Hyde presented a memorandum and tabulation
of bids received froH @&?4 Bannett requesting authority to purchas a new
radio system for the Edina Police Department with Hennepin County. The total
cost for the system is $5,792~00, which is higher than the $4,500.00 allowed
in the Budget.
federal funds ,for the portion o'f the system which will be used for Civil
Defense purposes. The remaining difference is for purchase and installation
of a special tower for the atnenna for the system. IZhieTzBennett recommended
-purchase of the system since the present radio system is becoming obsolete and
more difficulty is incurred in transmitting even within the Village and since
the new system will be tied in with all other police frequencies within Henne-
pin County. Some discussion followed, after which Councilman Shawls motion
approving purchase of the police radio system as recommended by Chief Bennett,
was seconded by Councilman Courtney and carried.
SOUND SYSTEM PURCHASE AUTHORIZED. As recommended by Mr. Dalen, Councilman
Shaw's motion authorizing the expenditure of up to $1,000 for'a sound system
with four microphones for the Council Room was seconded by Councilman Courtney
and carried.
$600.00 of this amount will be refunded through application for
ABOVE-GROUND SWIMMING POQLSYTO'BE CHECKED.
audience said that he had purchased an above ground swimming pool and that the
company from which it was purchased had said that the Village would not grant '
a permit for its installation.
the ordinances and advise him if this type of pool is permitted in the Village.
CLAIMS PAID.
Shaw and carried for payment of the following claims as per Pre-List:
eral Fund, $40,130.36; Construction Fund, $122,650.51; Park, Park Construction,
Park Sinking, Swim Pool, Arena and Golf Course, $22,533.57; Water Fund,
$17,383.49; Liquor Fund, $79,552.93; Sewer Rental Fund, $4,343.66; Improvement
Funds, $179,179.83; Total, $465,774.35.
An unidentified gentleman in the
He was advised that Mr. Hoisington will check
Councilman VanVa1kenburg's.motion was seconded by Councilman
Gen-
The agenda having been covered, Councilman Shawls motion for adjournment wa,s
seconded by Councilman Courtney and carried. Adjournment at f'l:15 p,m,
Village Clerk 4