HomeMy WebLinkAbout19640615_regular6/15/64
MINUTES OF THE REGULAR MEETINGS OF THE EDINA
VILLAGE COUNCIL, HELD MONDAY , JUIJE 15, 1964 ,
AT 7:OO P.M. ,AT THE EDIiSA VILLAGE HALL
Members answering Rollcall were MacMillan, Rixe, Tupa, VanValkenburg and Bredesen.
WATERWORKS SUPT. , BEN WOEHLER, COi/MEWDED BY COUNCIL FOR TWENTY YEARS OF SERVICE TO
VILLAGE. On behalf of himself and the Council. Mavor Bredesen reconnized and commended -.I Y
Ben Woehler, Waterworks Superintendent, for twenty years' service to Edina.
MINUTES of the Regular Village Council Meeting of June 1, 1964, were approved as
submitted, by motion VanValkenburg, seconded by Rixe and carried.
COUNCIL HAS FIRST READING OF COMNERCIAL ZONING DISTRICT (C-l,C-2 ,C-3 ,C-4) AMEIJDLENT
TO ZONING ORDIWANCE.
conducted on the proposed "Commercial Zoning District (C-l,C-2 ,C-3 ,C-4)" Amendment to
the Village Zoning Ordinance. Planning Director Hite reported that while he had
received no written objections, he had received suggestions from some interested
property owners relative to the terminology of the proposed ordinance; and the
Council had a forty-five minute review of the suggestions received by Hr. Hite, as
well as the requests for clarification, and suggestions, by Trustee VanValkenburg.
Public Hearing, continued from the Regular Heeting of June 1, was
PEARCE SISTERS GET CLARLFICATION OF EFFECT OF PROPOSED ORDIIJANCE OLI THEIR
PROPERTY.
of Village Attorney Hasselquist, and now formally inquires, "Is the proposed
IYlr. John Daubney told Council he had already informally inquired
ordinance intended to existing Community Store Zoning?"
represents the Misses Katherine and Harie E. Peace.
Attorney Whitlock reported that he had discussed this question with both
Mr. Hasselquist and Mr. Hite, and that "The proposed ordinance will affect
as of this time no parcel of land in Edina, but khat at some time parcels
of land will have to be re-classified--and may, or may not, be put into
this District.
also.
Mr. Daubney
Acting Village
Attorney Daubney agreed that this was his interpretation
General agreement was had on the suggestions made by Messrs. Hite and VanValkenburg,
and discussion turned to Trustee Rixe's objection to the limitation of 9,000 square
feet maximum gross floor area for business establishments in the C-1 District.
Saying it is impossible to predict trends in merchandising, Mr. Rixe told Council
that this limitation will prohibit the old "general store" type of establishment,
which is now becoming so popular in other parts of the country.
this limitation be changed to 12,000 square feet. Nr. Hite reported that while he
believes the Planning Commission will not be averse to this change, the Commission
does feel that there should be some limitation--that it is the intent of the
ordinance to do away with the establishment of single-use type in areas not now
zoned; that the ordinance provides for development of integrated centers, rather
than for a collection of scattered small developments. Mr. Hite added that the
ordinance provides 'permission for single stores in existing commercial districts ,
adjacent to existing commercial district, or within a planned commercial district.
It was informally agreed that the change suggested by Mr. Rixe be incorporated into
the proposed Ordinance, and Trustee VanValkenburg moved that the Council accept the
First Reading of the revised COMMERCIAL ZONING DISTRICT (C-19C-2,C-3,C-4) AMENDMENT
to the Village Zoning Ordinance, and schedule the Second Reading thereof for
Monday, July 6, 1964,
He asked that I
Motipn was seconded by Tupa and was unanimously carried.
3501 W454TH STREET REZONED TO R-2 MULTIPLE RESIDENCE DISTRICT AFTER PUBLIC HEARING.
Public Hearing was conducted on the petition of Mr. Leo McClellan, 3501 W.54th Street,
for the rezoning of Lots 1 and 2, Block 1, Ivandale Park Near Lake Harriet (3501 \?.54th
Street) from Open Development District (Non-Conforming Use) to "R-2 14ULTIPLE RESIDENCE
DISTRICT1l , pursuant to "Notice of Public Hearing", published in Edina-Norningside
Courier, posted, and mailed to owners of affected properties.
explained that the purpose of the petitioned rezoning is to permit Mr. McClellan to
convert his neighborhood grocery to a duplex, and that the Planning Commission nas
recommended favorably on the request. There were no objections from the floor, and
no written objections had been received &ior thereto.
petition signed by several near neighbors, in favor of the proposal.
the following Ordinance, moving that'council dispense with second reading and adopt
Ordinance as submitted:
Planning Director Hite
Mr. kClellan presented a
Rixe offered
ORDINANCE NO. 261-86
I
AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZOIJING ORDINANCE )
OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIOiJAL
R-2 HULTIPLE RESIDENCE DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Paragraph 1, Multiple Residence District Boundaries, of
Section 4 (IYlultiple Residence District) of Ordinance No. 261 of revised ordinances of
the Village of Edina, as amended, is hereby further amended by adding the following
sub-paragraph :
District R- 2
"(2) Lots 1 and 2, Block 1, Ivandale Park Near Lake Harriet.
6/15/64
Section 2. This ordinance shall be in effect immediately upon its
passage and publication.
l4otion for waiver of second reading, and
seconded by MacMillan, and on Rollcall
PiacNillan, aye; Rixe, aye; Tupa, aye;
the Ordinance was adopted,
COUNCIL ACTION ON WALLACE KENNETH PETITION FOR REZOXING FRO14 OPEN DEVELOPEIENT TO
R-4 HULTIPLE RESIDENCE DISTRICT DELAYED *TO JULY 6 , FOR FIB4 -RECOLll*EHDATIOlJ FOR
REZONiiiG OF ENTiRE KENNETH-HANSON AREA iJEST OF PARKWOOD KNOLLS.
was conducted on the Petition of I4r. Wallace Kenneth for the Rezoning of a tract
Public Hearing
__
of land, approximately 2725 feet long ad 550 feet deep, abutting co~~ Road No'
on the East, bet-qeen the Pederson Dairy and Nine-Mile Creek, from open aevelopment
published in Edina-l-1orningside Courier June 4 and 11, 1964, posted on Official
Village Bulletin Boards, and mailed to owners Of affected properties*
heard Planning Director Hite explain the Wallace Kenneth propos&tion, witn the help
of Visualiiids; heard him also explain that the Kenneth proposition has been before
the Planning Commission some nineteen times since its first submission July, 1962;
that the neighbors, together with the Commission and the Counci1,have disaussed
the matter; that the new Plultiple Family Ordinance was evolved during the time
Mr. Kenneth waited for action on his project; and that Sanitary Sewer is now
available to this tract of land; that the Planning Commission has submitted an
over-all development plan for the general area, but that developer Carl 14. Hansen,
owner of the large tract adjacent to the Kenneth tract on the East, has submitted
a new plan, just the day of the Planning Commission meeting.
Commission has recommended that the tract under consideration tonight be R-4 Hultiple
Residence District; that the matter of transition from R-4 to Single Family residences
near and in Parkwood Knolls is not completely resolved; that Commission has recommended
that Council proceed with K-4 Zoning, with balance of area to be single family
residential until such time as this transition can have more study,
District to R-4 I.iuLTIpm RESIDENCE DISTRICT, Hearing was held pursuant to Notice
Hr. Hite said the
Objectors were t-ressrs. George lday, 6645 Parkwood Road; David G. Platter, 5504
Parkwood Lane; Jack Liebenberg, 5112 Ridge Road (Architect); #r. V. L. Oliver,
6620 Parkwood Road; John Clegg, 6644 Parkwood Road (new resident); Ish?. Roger
Gabbert, 5012 Ridge Road; ih. Alf Bergerud, 5100 Ridge Road; and Zr. John C,
Barzen, 6520 Interlachen Blvd. I
Each of these objectors spoke, expressing the fear that if the R-4 i.lultiple Zoning
is granted now, before the zoning for the entire area is settled, there will be
encroachment of multiple residence zoning into the Parkwood Knolls area, devaluating
their properties.
zoning east of this proposed R-4, Carl Hansen will have to either have apartments or
downgrade his signle residences. ilr. Platter told Council that Parkwood Knolls area
neighbors had thougnt they .were proceeding along 100% zoning; they are afraid that
this spot zoning will grow like cancer and Council will be unable to stop it. He also
spoke of a proposed road on the east part of the Kenneth property stating he believed
Xr. Kenneth was to have provided for six houses on this road back of Parkwood Lane,
with deed covenants that comparable lots would back up to it so that residences would
not be downgraded. (To this, Planning Director-iHite explained that this was considered .
at the time Conmission was considering K-3 zoning for area East of R-4; that irk. Kenneth
had agreed to this--but that the Kenneth property represents only part of the road--
the North part being the Carl Hansen property and the south part in another ownership.)
Mr. Liebenberg asked for more study, saying that wh'ile this apartment development may
have many merits, he feels neighbors will remain unalterably opposed unless problem
of balance of Kenneth land, and Hansen land is solved at the same time. Hr. Clegg
said he shares his neighbors' apprehension as to what the future will bring if the
R-4 zoning is allowed now.
is great--that they fear this will be the opening wedge toaard more and more apartments
to the East.
extension of interlachen Road. (Hr. Hite advised that Village's latest information
is tgat County has no particular concern about extending road to Hwy.#18.) Hr. Oliver
don't want a ghetto next to them.
opposed.to any zoning which does not include all properties--Kenneth's and Hansen's--
suggested that Hessrs Kenneth and Hansen, neighborhood representation, and Village
officials get together and remain together until something is worked out
Petitioner Kenneth, and his attorney, Mr, James Hennessy, reported to the Council
that their time is running out--that *ha8 they have contractual obligations which will
cause them to lose the property unless action is taken soon.
statement about the road, Hr. Hennessy reported that Nr. Kenneth is willing to provide
these protective covenants insofar as he is able.
is being considered here tonight, and that at the neighborhood meeting there was no
objection to the R-4 I.lultiples along County Road No. 18.
Xr. May expressed the opinion that if there is other multiple
Mr, Bergerud told Council that the neighbors' apprehension
I Hr. Gabbert, saying he shares his neighbors' views, inquired about
expressed himself as being concerned about the density of apartments, saying neighbors --
blr, Barzen, expressing himself as unalterably
As to tir. Platter's
He added that only the R-4 Zoning
Hr. Wallace Kenneth reviewed
IC3 9 6/15/64.
for the Council at some length his troubles in attempting to have this large tr
rezoned.
except to appease the neighbors; that he has done everything he has been asked to
do over the years--that he waited while the t4ultiple Residence Ordinance was being
considered; that he supported the proposed Sanitary Sewer; that he agreed to the
protective covenants requested by the neighbors; that he attended many, many
meetings with the Planning Commission and with the neighbors, discussing the plan
over and over and over; that at one point the neighbors wanted single family residence
in one area and this was agreed--it is on the prints and cannot be eradicated--then,
Planning Commission felt that because Mr. Hansen didn't know what he wanted to do
with this area the Commission would leave it for future consideration.
Council the new zoning ordinance is a good one--one of the best--and will: govern
the building of a good apartment development; that he believes his development is
something the conmunity would want and invite. He added that he has been put in
the position of having to wait until Nr. Hansen makes up his mind about what he
wants to do.
of the neighbors oppose.
Road 18, providing a11 property to the East be restricted to R-1 Zoning.
Saying he felt iilr. Hansen should be given the opportunity to express himself
Mayor Bredesen
blr. Hansen replied that he must have protection, too--that he doesn't know
what to do. He told Council that if LIr. Kenneth builds no apartments he will build
no apartments, but that if Mr. Kenneth has apartments he, too, must have apartments
for the protection of himself and his customers.
Road No. 18 is not suitable for single family residences, adding that while he
believes some zoning should be effected here, he also is concerned about the area
between this tract and the very good residences in the Parkwood Knolls area, and
believes there should be at least some moral commitment for this property before
the County Road 18 tract is zoned.
Public Hearing until Nonday, July 6, scheduling public hearings for future action
on the balance of the Kenneth-Hansen area with that zoning decided upon by the
Council, after a recommendation by the Planning Commission, to be the best zoning
for this tract.
1964, requesting firm recommendation from the Planning Commission on-the zoning
of the balance of the Kenneth and the Hansen tracts, and giving notice that Council
will, on July 6th, schedule Public Hearings on rezoning in accordance with Commission's
recommendations, was seconded by Tupa and carried,
He told Council that he had made no basio change in his original plan,
He told
i4r. May told Council the recent plan submitted by 14r. Hansen is one which most
He suggested that Council permit R-4 Zoning along County
asked Mr. Hansen what he intends to do witn his property.
73 30 0 e V u
Mr, Bredesen told group that it must realize that the property along County
He suggested that the Council continue this
VanValkenburg's motion, continuing Public Hearing until July 6,
PART OF TRACT ''Brl, IZGISTERED LAND SURVEY NO. 590, REZONED TO R-3 MULTIPLE RESIDENCE
DISTRICT. (AREA SOUTH OF HWY.#169 JUST EAST OF BLAKE RD. EXTENDED). Public Hearing
was conducted on the Petition of W. V, B. Edwards for the rezoning of a part of
Tract B, Registered Land Survey No. 590 from Open Development District to Multiple
Residence District.
published in Edina-Horningside Courier
Village dulletin Boards, and Plannjng Director Hite submitted affidavit of Aailing
of Notice to owners of.affected properties.
this tract in its relation to surrounding lands and their uses, together with a
preliminary plat, showing that part of Tract B proposed for rezoning in its relation
to the boundaries of the tract.
for Rezoning to be a trian ular parcel, abutting Highway 169 and lying between the Highway and two proposed/runnmg street Southeasterly and Southerly from the Highways with
one row of lots to the East, and one row to the Southeast of the proposed i;Iultiple
area. Council reviewed Planning Commission Minutes of June 10, recommending the
Rezoning of the triangular portion of Tract B, Registered Land Survey 590 to R-3
Multiple Residence District (R-4 had been requested); that the balance of the area
remain as single family development with adequate deed restrictions for single family
development. idr. Harry Gerrish, architect, presented model of the apartments
proposed to be constructed, saying it is the aim of the petitioner to create
a development of buildings "basically residential in character.''
will back up to Highway 169.
zoning for the one-lot deep tract between apartments and residential area.
told this will be single-family zoning.
petition he had asked for doubles on the east side/and over on the 1.Jorthwest corner
he has a decided fill problem .which is not compatible with single dwellings.
Hite added that one of the problems of development is that part of the property is
too low to be served by the present sanitary sewer, and will have to wait for sewer
'from the south.
has been referred to the Mine-Mle Creek Watershed District. iilr. Hite replied that
thekr over-all development plan establishes miniriium elevations in this area; that
they are aware that this area can be developed. Mrs. R. W. Anderson, 5720 Olinger
Road, asked €or easement through the Edwards property for roadway to serve the
back half of the deep lots facing Olinger Road; and Council reviewed Planning
Commission recommendations of June 10 for such easement, with suggestion that this
can be more properly handled at time of plat submission. There were no objections
to the proposed rezoning from the floor, and Clerk had received no written objections
prior to the Public Hearing.
Clerk presented Affidavit of Publication of "Motice of Hearing"
June 4 and 11, 1964, and posted on Official
Mr. Hite presented a visual aid, showing
Preliminary Plat showed the tract under consideration
These, he said,
Mr. Norman Olmstead, 5804 Olinger Road, inquired about
He was
Nr, Edwards reported that on his original
Hr.
Trustee IvlacMillan inquired as to whether this request for platting
Piactdillan offered the following Ordinance, moving that
6/15/64
the Council dispense with seoond reading thereof, and adopt Ordinance as
submitted:
ORDINANCE NO. 261-87
AN ORDINANCE: AHENDING ORDINANCE NO . 261 (ZONING ORDI1SMICE)
OF THE VILLAGE OF EDINA, ESTABLISHING ADDITIONAL
R-3 MULTIPLE RESIDENCE DISTRICT
Section 1. Paragraph 1, Multiple Residence District Boundaries, of ~-
Section 4 (I-iultiple Residence District) of Ordinance No. 261 of revised Ordinances
of the Village of Edina, as amended, is hereby further amended by adding the
following sub-paragraph :
District R-3
"(4) All that tract of land within the following described boundaries:
"Beginning at a point on the North line of Tract tlB1r, Registered
Land Survey No. 590 , which is 145 feet Northeasterly of the
Northwest Corner thereof; thence deflecting to the right at.an
angle of 57OOO' to the Southeast a distance.of 604 feet; thence
North at a deflection angle to the left 119?00' to the South
right-of-way line of Highway No. 169-212; thence Southwesterly
along the South right-of-way line of Highway No. 169-212 to
point of beginning.
Section 2. This ordinance shall be in effect immediately upon its
passage and publication.
Motion for waiver of second reading and adoption of Ordinance as submitted was
seconded by VanValkenburg, and on Rollcall there wer 1 e ayes and no nays, as
follows:
aye; and the Ordinance was adopted.
Maci-iillan, aye; Rixe, aye; Tupa, aye; V alk nburg, aye; and Bredesen, ECdM]
Mayor
(
(l5aci.Iillan then moved directing the Village Clerk to withhold publication of said
(Ordinance No. 261-87 until such time as Final Plat of Tract B, Registered Land
(Survey 590 is recorded, protective covenants are filed showing single-family
(use for the two tiers of lots, to the East and Southeast of the property rezoned,
(and easement is provided for road access to properties to the East of this tract.
(Motion was seconded by VanValkenburg and carried. I COUHCIL CONTINUES PUBLIC HEARING OM NETRO-U S. -PHILLIPS PETROLEUlil CO PETITION FOR
REZONING TO C-4 COI-iIdL'RCIAL DISTRICT.
Edina-Horningside Courier June 4 and 11, 1964, and of Posting on Official Village
Bulletin Boards of "Notice of Hearing" on petition of Pletro-U.S. Construction Co.
and Phillips Petroleum for the rezoning of a tract within the "Nelson Farm" complex
from Planned Industrial District to 'W4 COLlMERCIAL DISTRICT" for the purpose of
construction and maintenance of a gasoline filling station thereon. This property
is approximately 200 feet by 240 feet, and is lbcated in the Southwest Quadrant of
T.H. 100 and proposed Industrial Boulevard.
Planning Commission has recommended favorably on this petition.
made from the floor, and no written objections had been received by Clerk prior to
Hearing. -Inasmuch as the "Commercial District" Amendment to the Zoning Ordinance
had not been adopted, the Council was unable to rezone in accordance with petition,
and VanValkenburg moved that Public Hearing on Petition be continued to July 6.
Motion seconded by Tupa and carried.
Clerk presented AEfidavits of Publication in
Planning Director Hite reported the
No object ions were
CONTRACTS AMARDED 014 SANITARY SEWER, STORM SEHER, HATElUAIM AND STEET IL*lPROVEI*lEHTS :
COulJCIL ORDERS IN WATERkIAIN IN WOODCREST DRIVE, PURSUAHT TO FAVORABLE BID.
Manager Hyde presented the Engineering Department's Tabulation of Bids, covering bids - received June 12, 1964 on Sanitary Sewer ,- Storm Sewer, Watermain and Street Improvements ,
in response to Advertisement for Bids published in Edina-Horningside Courier May 21 and
28, and June 4, 1964, as well as in Construction Bulletin, Minneapolis, on these same
dates. Hr. Hyde explained to Council that bids were taken on four separate and
distinct proposals, each proposal containing bids for several improvements, grouped,
generally, as to the area in which improvementsi.are Located.
of Bids on Proposal consisting of SANITARY SENER I14PROVEI.IENTS NOS. /211: 217 AND
commenting that in the.case of each improvement the low bid of Phelps-Drake is lower
than Engineering Construction Estimate.
Phelps-Drake Co. being low bidder at $210,770.62, Swanson Excavating Company, second-
low at $212,023.50; Peter Lametti Const. Co. , third-low at $212,509.51, and XcDonald- .
Luben E Associates, Inc., high bidders at $304,312.50.
$258,773.44.
Tupa so moved.
1. PROPOSAL A AWARDED TO PHELPS-DRAI(E CONPANY . Hr. Hyde pre~ented~pjbulation
218; ST0B.I SEt7ER IHPROVEIENT NO. 80; AiUD FJATERdAIN IkiPROVElENTS NOS. 177 AND 187,
Tabulation showed receipt of seven bids,
Engineer's Estimate was
Recommendation was for award fo Phelps-Drake Company,low bidder, and
Motion seconded by VanValkenburg and unanimously carried.
141" 6/15/64
Proposal B showed Phelps-Drake Company to be low bidder at $159,206.81; Peter
Lametti Construction Co., second-low at $163,144.26; Sarbarossa E Sons, Inc.,
third-low at $174,287.40 ; Nodland Construction Co. , second-high at $185,939.40 ;
and Northern Contracting Company high bidder at $191,542.15.
on this proposal was $194,296 . 35 .
i4ENTS NOS. 212, 213, 214, 219, 220 AND 224; S~~~E~~~~R~~~~~M~~~ &7?3j .
HATERNAIN 114PROVEMENTS NOS. 180 181 AND 183 ,/an ree proposed atermaln
Projects which were being considered by the Council at the time the Advertisemest
foP.Bids was made, being as follows:
2. PROPOSAL B AWARDED TO PHELPS-DRAKE COMPANY. Tabulation of Bids for
i Engineer's Estimate
Proposal B consists of SANITARY SEF'IER IHPROVE-
1. PROPOSED FlATERMAIN In Woodcrest Drive from Park Place to South line of
Lot 1, Bdock 2, Shady Pines. Addition--on which Phelps-Drake bid $9,768.00,
as compared with Engineer's' Estimate of $11,908.00.
Phelps-Drake bid $3,112.20 as compared with Engineer's Estimate of $3,692.25,
but proposed improvement had been abandoned by Council at request of
property owners.
to existing Watermain in Oxford Ave. approximately 801)' South of Interlachen
Blvd.
EstLtrte of $2,520.
2. PROPOSED WATERMAIN in blillpond Place from Westbrook La. to R.R. R/W.
3. PROPOSED WATERMAIN In Easeinent line from cul-de-sac on. Blossom Court East
Phelps-Drake bid $3,441.40 on this project, compared to Engineer's
Engineer Hite reported that because Council had not made its determination as to
proceeding with these projects at the time proposals were prepared, the "instructions
to Bidders", a part of the specifications for the proposal, had informed bidders that
Council could determine to delete these projects from bid.
COUNCIL ORDERS IN WATERkfAIN IMPROVEI4ENT NO. 188. In accordance with decision
made at Public Hearing held April 6, and mailed notice given of Continued Hearing
at this deeting, Council conducted a coniinued Public Hearing on the proposed
CONSTRUCTIOiJ OF VILLAGE WATERklAIN EXTENSION AND APPURTEBAHCES IN WOODCRXST DRIE
FROH PARK PLACE TO THE SOUTH LINE OF LOT 1, BLOCK 2, SHADY PINES ADDITIOiJ.
had been continued, in order that owners of affected properies might have a firm
Estimate, pursuant to receipt of bids.
bid of Phelps-Drake Company and the fact that thirteen lots are assessable for
this improvement, rather than the twelve listed at the original Hearing, the
Estimate of Cost has been reduced from $1,180.74 per Lots to $904.67.
dornfeld, 5432 Woodcrest Drive, told Council he is very anxious to have water
installed in the street--the sooner the better. Nr. A1 Hiatt, 5433, asked how
long it would be before contractor moves in; was informed that engineering depart-
ment will know this within a few days, but cannot tell at this time. Question was
asked as to whether this estimate includes surface replacement and curb. Answered
that curb is not included.
he doesn't want the watermain but guesses he "is stuck with it"; wanted curb as
part of project. He was informed that he could enter petition for curb before
street surfacing work is done next year. There were no other objections to the
proposed improvement, and no written objections had been received prior to the
Hearing.
Hearing
Engineer Hite reported that, based on the
k. Glenn
One man in.the delegation of five or six persons said
VanValkenburg offered the following Resolution and moved its adoption:
RESOLUTION ORDERING IPlPROVE14ENT
WATERMAIN IMPROVEMENT NO . 188
BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council
heretofore caused notice of hearing to be duly published on the following proposed
improvement:
CONSTRUCTION OF VILLAGE WATERMAIN EXTENSION AND APPURTENANCES IN WOODCREST
DRIVE FROM PARK PLACE TO SOUTH LOT LINE OF LOT 1, BLOCK 2, SHADY PINES ADDITION
and at the hearings 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; that said improvement is hereby designated and shall be referred to in
all subsequent proceedings as WATERMAIN IMPROVEkdlENT NO. 188, and the area to be
specially assessed therefor shall be as follows: Lots 3, Block 1, and 5 thru 12,
Block 1, and Lots 1 thru 9, Block 2, Minnehaha Woods Addition.
Ivlot'ion for adoption of Resolution was seconded by Rixe, and on Rolcall there were
Rixe, aye; Tupa not voting
Wanager Hyde then recommended that Phelps-Drake, low bidder on Proposal B, be
awarded Contract for Proposal B, less Proposed Watermain in Millpond Place (abandoned)
and Proposed Watermain in Easement from Blossom Court to Oxford Avenue (which he
suggested be eliminated because it is so far above estimate), but including
WATERNAIN 1I.IPROVEMENT NO. 188 (Woodcrest Drive). VanValkenburg so moved. Hotion
seconded by Rixe and carried.
$3,112.20 (Hillpond Place Water) and $3,441.40 (Easement Water), €or $152,653.21.
Amount of,award to Phelps Drake = $159,206.81, less
'2 AA p 6/15/64
.L -% -4 3. PROPOSAL C AWAIIDED TO PETER LAbIETTI CONSTRUCTIOH COi4PANY. Tabulation of
Bias for Proposal C, consisting of SAHITARY SEWER IHPROVEt-EMTS NOS. 215, 216, 222 AXD
AND 185, showed Low bidder to be Peter Lametti Construction Company at $188,547.60.
Second-low was Barbarossa .E Sons, Inc. at $191,607 . 66 ; third-low was HcDonald-Luben
and Associates at $195,775.50; and high bidder was Northern Contracting Company at
$241,534.92. Engineer's Estimate was $209, 822.14. Manager's recommendation was
c for award to low bidder, Peter Lameti5. Construction Company, and VanValkenburg so
moved.
223 ; STORLi SEWER IlPROVEI~lENTS NOS 81 AND 82 : AND f?ATERI*IAIN IMP~OVEI.IEI?TS NOS. 178, 182
kiotion seconded by Rixe and carried.
4. PROPOSAL D ANARDED TO PETER LAHETTI CONSTRUCTION COI-PWY. Tabulation of
Bids for Proposal D--SANITARY SEWER IMPROVEHENT NO. 221, WATERbjAIN 1bPROVEL.IENTS NOS.
179, 184 AND 186, plus the !-latermain from the extreme Vest end of Dewey Hill Road to
Village Well No. 14; from Well No. 14 to Braemar Club House and from Hell No. 14 to
Pond Control Structure, which will be paid for Park and Waterworks funds without
assessment--showed,receipt of six bids, low bidder being Peter Lametti Construction
Company at $227,587.40; second-low, Coburn & 1-leek, Inc., $236,006.50; third-low,
Barbarossa E Sons, Inc., $238,679.25; and high bidder, $266,523.40. Engineer's.
Estimate was $265,617.25. ;tanager's recommendation was. for award to low bidder,
Peter Lametti Construction ComGany, and Rixe so- moved.
and carried.
l4otion seconded by VanValkenburg
COUNCIL A17ARDS FIRE INSURANCE COVERAGE FOR VILLAGE-OHNED BUILDINGS AND CONTENTS TO
BRANDOW, HOWARD E KOBLER, INC.
relative to the award of bids on "Fire, Extended Coverage, Vandalism and t-lalicious
Finance Director Dalen presented written recommendation
Hischief Insurancel'for all village-owned buildings and contents, including stock
reporting, which bids were taken June 11, on three separate plans.
recommendation was for award of coverage to Brandow, Howard & Kohler, Inc. on Plan C--
the Public and Institutional Property form with 90% of value, at Annual Premium of
$2,167.95 including the dwelling and liquor stores which are covered on policy other .
than the P.I.P.
together with $172.99 for reservoir and $86.49 for Swimming Pool.
was had on the various plans, and VanValkenburg moved that the bid of Brandow, Howard
E Kohler on Plan C, less earthquake coverage, be accepted.
and carried.. Eight bids had been received.
annual pay basis.
Hr. Dalen's
Nr. Dalen reported that this premium covers Eqrthquake at $190.51,
Some discussion
Idotion seconded by Rixe
Term of coverage is five years, on
SURVEY UNIT (PANEL TRUCK) BID REJECTED : COUNCIL TO %-ADVERTISE.
that Council reject the one bid, received from InterLtlational Harvester Company, amount
$1,437.21, on $lode1 C-1000, in response to Advertisement for Panel Truck, Edina-dgside
Courier and Construction Bulletin June 3 and 10. on tightened specifications in order that bids would reflect more/&af nal 9s wanted.
Tupa's motion, rejecting bid taken today and authorizing re-advertisement, was seconded
by Mac14illan and carried.
Hanaier Hyde recommended
He asked authority to re-advertise
PEARCE SISTERS' ATTORNEY COHE'LIHENTS VILLAGE COUNCIL , IUNAGER AND ENGINEER ON EPORT
RELATIVE TO STON4 SEHER 1I.IPROVEI.IENTS FOR PEARCE LAND.
entitled llSTORId SEVER ASSESSLENTS ON PEARCE LAND" signed by Village Iaianager Hyde (which
is attached hereto and forms a part of these Minutes), 14r. John Daubney, representing
the Misses Katherine and Marie E. Pearce, complimented those members of the Village Council
present at a meeting held recently with the llisses Pearce, 24r. Godward, Village Manager,
Village Engineer and himself, as well as Messrs. Hyde and Hite for the courteous treatment
and consideration given himself and the Pearces in explaining the matter of the Trunk and
Lateral Storm Sewer construction and assessment. He said the Pearce Sisters had been of
the opinion, on being informed that the Storm Sewer constructed in the Crosstown Highway
had been raised at its western eild, that this change in elevation had denied them the
benefits for which they were being assessed, but that this is not so; and that while a
gravity system had been originalLy planned for lateral service to the Pearce sisters' .
land, it becomes apparent that the force system now contemplated will save some $9,000;
that its advantages are two-fold in that it will require less ponding area and reduce
flowage easement cost; that both from the standpoint of purchaser Peterson and from the
standpoint of the Village the force system is not only more economical but is better.
Hyde pointed out that the actual bid for the pumped force system, awarded earlier this
evening, was $28,462.35, compared with Engineer's Estimate of $28,453.50.
After reviewing the report
ih.
ACCESS FOR PEARCE LAND REFERFSD BACK TO PLANNING COI4I.IISSIOX AT REQUEST OF PEARCE ATTORNEY.
Mr. John Daubney, attorney for the 1qisses Katherine and Marie E. Pearce, asked that the
matter of access to the Pearces' commercial property be referred back to the Planning
Conimission for study, relative to access either by extension of W.65th Street, or by
extension south of Ur. Peterson's York Avenue.
referred back to Planning Commission for study.
Wayor Bredesen ordered matter of access
6/15/64 I43
EDIiiA TO PROVIDE t4ORNINGSIDE WITH POLICE, FIRE: AND EMERGENCY SERVICE AT TEN PERCE1iT
OVER EDINA COST.
Clerk of Morningside, dated June 8, accepting on behalf of the Village Council
Hanager Hyde reported to the Council receipt of letter from the
Edina's rate of 10% over Edina cost for Police, Fire and Emergency Service to
klorningside,
request for service at Edina cost,
Edina add this 10% overhead "only if it is an absolute necessity".
feels -that Morningside will get better service and Edina will have a much happier
Police and Fire Department if the 10% charge is included, Mr. Bredesen suggested
that it be included, and VanValkenburg moved that Edina enter into contract with
Village of Morningside, for provision by Edina to Morningside with Police, Fire and
Emergency Service at a cost to Morningside at ten percent over and above the mill
rate cost to Edina for providing such services to its own residenks.
seconded by Rixe and carried,
This rate had been proposed by Mayor Bredesen upon Morningside's
Mrs. Riesberg, Morningside Clerk,asked that
Saying he
Motion
IMPROVEHIENT PETITIONS ACCEPTED.
and, by I4otion Tupa, seconded by VanValkenburg and carried, were accepted and
referred to the Village Engineer for programming:
The following Improvement Petitions were submitted
PERWJENT SURFACING AND CURB - Harrison Ave,, Belmore Lane to Haloney Ave.
OILING - W.64th Street from Normandale Rd., around Curve to Holborn, one block
OILING - Honroe Ave. from W. Third Street to Belmore Lane.
OILING - Honroe Ave. from Belmore Lane to Maloney Aye,
Uest of Warren Ave.
PUBLLC HEARINGS SCHEDULED FOR JULY 6TH ON REQUESTS FOR ZONING VARIANCES.
reviewed Planning Commission's recommendations favorable to the granting of several
Council
variances from Zoning Ordinance's Side Yard Requirements, and VanValkenburg moved,
scheduling Public Hearings on the following petitions.
1. PETITION OF MR. ROY H. JACOBSON, 6517 Belmore Lane, for permit to
install kitchen on "porch" slab within five feet of property line.
(Requirement is for 10-foot setback on living quarters side of house,
2. PETITION OF MR. R, L. MARTIN, 5909 Halifax Avenue, permit to expand his
garage to within four.feet of the south lot Line on L.3,J31.3, Boran's Edina
Ilanor, (Requirements are for five-foot setback) ,
3. PETITION 6F DR, KRISTOFER HAGEN, 5129 Tifton Drive, for permit to project
garage into front yard 22 inches and convert rear portion into family room.
(Garage is now five feet from lot line; ordinance requires 10-foot setback
for living quarters).
4. PETITIOk-OF MR. CHESLEY CARLSON, 5225 Ninnehaha Blvd., for permit to
enlarge existing porch area for conversion into family room. (Porch is
five feet from line; living quarters should be 10 feet from line.)
COUNCIL DISAPPROVES "REPLAT OF TRACT B, R.L.S.86" UNTIL SUCH TIME AS SANITARY SEHER
IS AVAILABLE. Council spent some time discussing the Preliminary Plat, being for
four lots North of Valley View Road and West of Cheyenne Circle, and the Planning
Commission's recommendation for approval "subject to agreement that all four lots
install sanitary sewer when it is available and no building permits be granted for
Lot Four until sewer is installed" and the Commission's suggestion to the developer
that he "immediately petition for sanitary sewer and that all four property owners
actively support it". Inasmuch as the Sanitary Sewer is not readily available, and
(although the lots are sufficiently large to support private systems ordinarily)
there is some question about the soil condition, it was the sense of the Council '
that approval of plat be delayed until such time as Sanitary Sewer is constructed,
and NacMillan so moved. Motion seconded by VanValkenburg and carried.
"EDINA INTERCHANGE CENTER" FINAL PLAT APPROVED.
of the Helson Farm, was presented carrying the Planning Commission's June 10, 1964
This Final Plat, being of a portion
approval, subject only to one condition--that developers will move the 60-foot
North-South public road provided to service the Ring property to the north, if it
is found to be necessary.
know how they want their property developed, and Commission wishes to be sure that
access is provided.
be approved subject to compliance with stipulation made by Planning Commission, was
seconded by Tupa and carried.
REQUEST FOR SWIIWfNG POOL IN SIDE YARD SETBACK AT 7101 LYNillAR LANE DENIED, Council
reviewed June 10th recommendation of Planning Commission, for denial of the request
of I4r.s. Elsie Hastert for permit to construct a swiming pool in the side yard
setback on the W.130 Ft. of Lot 4, B1. 1, Stowis Edgemoor Addn. ,B1. 9 Replat,
iiacl4illan's motion, accepting Planning Commission's recommendation, was seconded by
Tupa and carried.
Mr, Hite explained that the Ring interests do not yet
Rixe's motion, that Final Plat of "Edina Interchange Center"
HEARING OM LEVEL CONTROL STRUCTURES FOR LAG CORNELIA-LAKE EDINA POSTPONED TO JULY 20.
ASSLSSMENT PROPOSED TO BE ON LAKE FRONTAGE.
as there will be several Public Hearings an% lots of people present at the meeting of
July 6, the "Lake Level Control Structures" Hearing be postponed from that meeting to
July 20. He asked Council's consideration in proposing an assessment on a "per lake-
shore foot" basis. Council informally agreed to both suggestions. ilo formal action.
Engineer Hite suggested that, inasmuch
I44 6/15/64
COUNCIL ADOPTS “DUTCH ELL1 DISEASEt1 AND IICARE OF TREES” ORDINLYCES . Some discussion
was had relative to these two proposed Ordinances, which had been presented to the
Council for its consideration. Hanager Hyde recommended adoption of the Ordinances
‘in orderlthat the Village might be able to act promptly fn prevent any tree loss if
ossible.
ith second reading and adopt as submitted:
HacMillan offered the following Ordinance, moving that Council dispense
ORDINANCE NO. 150
29
AN ORDINANCE RELATING TO THE CONTROL AND PREVENTION OF
DUTCH ELI4 DISEASE NITHIN THE VILLAGE OF EDINA.
THE VILLAGE coumn OF THE VILLAGE OF EDINA ORDAINS:
Section 1. Declaration.of Policy. The Village Council of Edina has
determined that the health of the elm trees within the municipal limits is threatened
by a fatal disease known as Dutch Elm disease.
loss of elm trees growing upon public and private property would substantially
depreciate the value of property within the Village and impair the safety, good order,
general welfare and covenience of the public.
.the Council to control and prevent the spread of this desease and this ordinance is
enaated, for that purpose.
duties of the Village Forester as set forth in this ordinance are hereby conferred
upon the Park Superintendent.
It has further determined that the
It is declared to be the intention of
Sec. 2. Forester. Subdivision 1. Position Created. The powers and
Subd. 2. Duties of Forester. It is the duty of the Forester to coordinate,
under the direction and control of the Council, all activities of the municipality
relating to the control and prevention of Dutch Elm disease.
the Council the details of a program for the control of Dutch Elm disease, and perform
the duties incident to such a program adopted by the Council.
Sec. 3. ’Dutch Elm Disease Program. Subd. 1. It is the intention ofthe
Council of Edina to conduct a program of plant pest control pursuant to the authority
granted by 1-iinnesota Statutes 1961, Section 18.022. This program isdirected speci-
fichlly at the control and elimination of Dutch Elm Disease fungus and the elm bark
beetles and is undertaken on the recommendation of the Commissioner of Agriculttire.
The Village Forester shall act as coordinator between the Commissioner of Agriculture
and the Council in the conduct-of this program.
whenever they may be found within the Village.
with the Dutch Elm disease fungus Ceratocystis ulmi (Buisrnan) Moreau or which harbors
any of the elm bark beetles Scolytus multistriatus (Eichh.) or Hylurgopinus rufipes
{ EIarsh) .
Any dead elm tree or part thereof, including logs, branches, stumps,
firewood or other elm material from which the bark has not been removed and burned
or sprayed with an effective elm bark beetle insecticide.
Sec. 5. Abatement. It is unlawful for any person to permit any’public
nuisance as defined in Section 4 to remain on any premises owned or controlled by
him within the Village. Such nuisances may be abated in the manner prescribed by
this ordinance.
He shall recommend to
Sec. 4.. Nuisances Declared. The following things are public nuisances
A. Any living or standing elm tree or part thereof infected to any degree. -
B.
Sec. 6. Inspection and Investigation. Subd. 1. Annual Inspection. The
Forester shall inspect all premises and places wtthin the Village as often as
practicable to determine whether any condition described in Section 4 of this
ordinance exists thereon.
tation by Dutch Elm fungus or elm bark beetles.
agents may enter upon private premises & any reasonable time for the purpose of
carrying out any of his duties assigned him under this ordinance.
dicating Dutch Elm infestation, immediately send appropriate specimens or samples
to the Commissioner of Agriculture for analysis, or take such other steps for
diagnosis as may be recommended by the Commissioner.
8 and 9 no action to remove infected trees or wood shall be taken until positive
diagnosis of the disease has been made.
the abatement of the nuisances defined in Section 4, the Forester shall cause or
order the infected tree or wood to be sprayed, removed, burned, or otherwise effectively
treated so as to destroy and prevent as fully as possible the spread of Dutch Elm disease
fungus.and elm bark beetles.
ance with current technical and expert opinions and plans as may be designated by the
Commissioner of Agriculture.
Sec. 8.
He shall investigate all reported incidents of infes-
Subd. 2. Entry on Private Premises. The Forester or his duly authorized
Subd. 3. Diagnosis. The Forester shall, upon finding conditions in-
Except as provided in Sections
Sec. 7. Abatement of Dutch Elm Disease Nuisances. In abating or ordering I Such abatement procedures shall be carried out in accord-
Procedure for Abatement of Dutch Elm Nuisances on Public Ways or
. Boulevards. Subd. 1. Whenever the Forester finds with reasonable certainty that the
in§estation defined in Section 4 exists in any tree or wood within a p&lic way or boule-
vard in the Village, he shall notify the abutting property owner or owners by certified
mail of the infestation, and specify therein a time (in any event not less than five days
r%om the date of mailing such notice) in which the infestation shall be sprayed, removed,
6/15/64
or otherwise treated by such owner or owners. The notice shall also state that
if such nuisance shall not have been abated by the owner within the time provided,
it will be abated by the Village, and the cost thereof collected from the owner
under Minnesota Statutes, Section 429,101.
Whenever the Forester finds with reasonable certainty that the infestation defined in
Section 4 exists in any tree or wood located on private property outside of any public
way in the Village he shall notify the owner of such property by certified mail of the
infestation, and specify therein a time (in any event not less than five days from the
date of mailing such notice) in which the infestation shall be sprayed, removed or
otherwise treated by such owner. The notice shall also state that if such nuisance
shall not have beefi abated by the owner within the time provided, the owner will be
charged with a violation of this ordinance for maintaining a nuisance.
Sec. 10. Transporting Elm Wood Prohibited. Subd. 1. It is unlawful for
any person to transport within the Village-any bark-bearing elm wood without having
obtained a permit from the Forester.
when the purposes of this ordinance will be served thereby.
Sec. 11. Interference Prohibited. It is unlawful for any person to pre-
vent, delay or interfere with the Forester or his agents while they are engaged in
the performance of duties imposed bv this ordinance.
Sec. 9. Abatement of Dutch Elm Nuisance on Private Property. Subd. 1.
The Forester shall grant such permits only
Sec.
9, 10 or 11 of
fine of not to
Sec.
publication.
" - 12. Penalty. Any person, firm or corporation who violates Sections
this ordinance is guilty of a misdemeanor and may be punished by a
exceed $100 or imprisonment for 90 days.
13. This ordinance is effective from and after its passage and
i4otion for waiver of second reading and adoption of Ordinance as submitted was
seconded by HacMillan, and on Rollcall there
~4acI~lillan, aye ; Rixe , aye ; Tupa , aye ; YanValk
Ordinance was adopted.
ve ayes and no nays, as follows:
aye; and Bredesen, aye; and the
And VanValkenburg offered the following Qrdinanke and moved its adoption:
ORDINANCE NO. 165A
AN ORDINANCE PROVIDING FOR THE TRIMMING AND CARE OF TREES,
AND THE COLLECTION OF THE COST OF SUCH HOFX BY SPECIAL ASSESSXEHT
OF BENEFITED PROPERTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA OKDAIiIS:
Section 1.
"Section 1.
Ordinance No. 165 of the Village is hereby amended, and
Section 1 of said Ordinance is hereby revised to read as follows:
Pursuant to 14innesota Statutes, Section 429.101, the Council may from time to time by
resolution order the oiling, sprinkling or other dust treatment of streets and alleys,
including maintenance work incidental and necessary to such dust treatment, and may
order the treatment and care of trees within a public way or boulevard.
adoption of any such resolution the Clerk shall transmit a copy thereof to the Village
Manager, or in the case of triming and care of trees to the Village Forester. The
Village Manager or Forester shall then have such work done by directly purchasing the
necessary materials and employing day labor, or by entering into contracts for such
work with private parties.
is divided down the center line thereof between the Village and a neighboring muni-
cipality, the work may be done and the cost apportioned as may be provided by a coopera-
tive agreemene with the neighboring municipality."
passage and publication.
Council Hay Order Care of Streets and Trees.
Upon the
In the case of oiling or other treatment of a street which
Section 2. This ordinance shall be in full force and effect upon its
Motion for waiver of second reading and adoption of Ordinance as submitted was seconded
by 24aci4illan, and on Rollcall there were five aye
aye; Rixe, aye; Tupa, aye; VanValkenburg, aye; an
adopted.
ATTEST :
COUNCIL GRANTS SALARY INCREASE TO ADMINISTRATXVE ASSISTANT.
recommendation for increase in the salary of Administrative Assistant George Langmack
to $575.00 per month, effective June 3, was reviewed, and Rixe so moved. Seconded by
VanValkenburg and carried.
Manager Hyde's written
146 6 /15 /64
COUNCIL APPROVES GOLF COURSE FEES.
of the Park Board for fees to be charged at Braemar Links, being as follows:
Manager Hyde presented the recornendations
FOR AI? ENTIRE SEASON:
1. Signature Cards (For Edina Residents: . Husband and wife $45 . 00
Z" * Individual (19 and older 25.00
Junior (18 and under) 20.00
Junior (I€ parent has signature card)10.00
2. Green Fees - With Signature Card Without Card
18-hole course-weekdays $2.00 $3.00
week ends E holidays 2.50 3.50
9-hole course-weekdays $1.00 $1.50
week ends E holidays 1.25 1.75
3.1 Bag (Includes cleaning) $15.00
4. Lockers (Both men and women) $10 . 00
Some discussion was had about the fee for locxers, Mayor Bredesen saying he
feels the cost per season should $20.00 per season for full lockers, for both
men and women, with half-lockers to be $15.00. There seemed to be no other
difference of opinion from the Park Board's June 2nd recommendation.
then turned to fees for this summer's play, and it was suggested by the Hayor
that season fees be halved. Tupa's motion, that Golf 'Course Fees be approved
in accordance with Park Board's recommendations as revised by Mayor, was seconded
by fixe and carried.
Discussion
REQUEST FOR PEiUCLT TO BUILD RESIDENCE AI?D SWII.IMING POOL OVER STOBl SEkjER EASEHENT
GRAlJTED.
construct a house and swimming pool over a storm sewer easement in Lots One and
Two, Block 1, Hyland Acres, was granted by motion Tupa, seconded by VanValkenburg
and carried, after Council had received Manager's recommendation for approval.
I4r. Johnson has submitted agreementprotecting the Village on this matter.
The request of Mr. Vance A. Johnson, 5125 Schaefer Road, €or permit to
NO DATE SCHEDULED FOR COUNCIL DISCUSSION ON LIBRARY REPORT.
has been receiving inquiry as to date Council will discuss the Goldstein Library
Clerk reported she
Report. No date scheduled.
LEAGUE CONVENTION TO BE JUNE 17, 18 AND 19.
convention- to be held at Radisson Hotel Wednesday, Thursday and Friday of this .
week :,
CLAIMS 'PAID, INCLUDING $250 MORE THAN ORIGINALLY AUTHORIZED FOR LOTS IN ESROOKVIEi7
expenditures:
Course Funds, $47,940.19; Construction Fund, $92,734.89;8ater Fund, $ll,151.54;.
Liquor Fund, $60,391.06; Sewer Rental Fund, $231.16; Improvement Funds, $403.00;
and P.I.R. and J.S.D. #1 Funds, $11,539.81, for a Total of $241,921.66.'
. amounts of $5,000 and $5,500 respectively, payable to Hennepin County Treasurer,
cbve,ring'purchase of Lots 11, 12, 13 and 14, Block 3, Brookview Heights 3rd Addn.
Iyr. Dalen told Council that while he had been able to buy three o€ the lots for
less Ethan the maximum authorized, he could not get Lot 13 for the $3,500, and did
bid. this in
the. four Lots, and Iilr, Dalen was able to secure the four for $10,550.)
14anager Hyde reminded Council of
. .
' HE1GHTS.k. Dalen presented to Council Pre-List dated June~f5, cpverdng tlje following
. General Fund, $17,530.01; Park, Park Construction, Swim Pool and Golf
. Nr.: Dalen called Council's attention to Claims Nos. 25804 and 25805 in
-r '
at $3,750.00. (Council had authorized a maximum of $3,500 for each .of
I
In addition to the Claims listed on the Pre-List, the following Claims aere
No. 25956 to City of Minneapolis, for Hater & Sewage Sew.- $39.75 - General Fund
No. 25957 to Olson Concrete do.,
' presented for 'payment :
.
For Partial Payment #l,.
Iron Removal Plant
41,445.00 - Hater Fund
24,983.00 - Parks Fund
' 'NQ. 25958. to Henry T.Peterson, For Partial Payment #6
Club House .. ..
I-
lbb 25959' to First Nat1.Bank of t4pLs. - Interest 6,987.43 - S.S.53 Fund
Tupa's motion for payment of Claims as per Pre-List dated June 15, 1964, and the
four additional claims NOS, ,25956 through 25959, was seconded by l*iacI.lillan and
carried.
There being no further business to come before this Meeting, it was adjourned by
common consent of Council, at 10:25 P.14.
Village Clerk
," ORDINANCE NO. 261-88
AN ORDINANCE MhJDING THE ZONING
ORDINANCE OF EDI~ BY PROVIDING A
.THE PRESENT COMERCIAL DISTF~ICT i,!:.. :
.. THE EIGHT, INDBT IStRi& ..
NEW COMMERCIAL DISTRICT AND RENAMING ,.,,
..i. - -* .i.
' . ., :j.:+ '1
x.5 :- . -. .. , ,I ,.:7 . , ' I. .; .
I ;f s. ,.: !.:. -. j XHE v ILLAGE COUNCIL OF THE VILLAGG OF .ED IIIA MINNESOTA , ORDAINS : . '., . ., , I
- ..! .. .
.: . ;. " ULi,.' .I-:
ercial District described ih and regulated by ,.I
(Zoning Ordinance) of the Village, as
Light 'Industrial District a
g Sections of said ordinance are hereby
.. _. :. .: . . .. .,,.-*-.- i . ,I . ,I.!.. . .
Se Cfi'oi;i , tl. \ . .'(Planned :Industrial District) is renumbered Section 12;
Section 12 (Special Permits for Particular Uses) is renumbered Section 13;
Section 13 (Definitions) is renumbered Section 14; and
Section 14 (Administration) is renumbered Section 15,
Sec. 3. Section 2 of said ordinance is hereby further amended to
read as follows:
"Section 2. Districts Established,
"For the purposes of this ordinance, the-V?llage shall be divided
into the following districtsp and the uses of structures and lands, the
height of buildings and the area of premises for buildings are to be uniform
in each district, except as special use permits may be required under
Section 13 of this ordinance and special restrictions imposed thereby:
Open Development District (Section 3)
Multiple Residence District (Section 4)
Automobile Parking District (Section 5)
Community Store District (Section 6)
Light Industrial District (Section 7)
Regional Shopping .District (Section 8)
Regional Medical District (Section 9)
Office Building District (Section 10)
Commercial District
Planned Industrial District (Section 12)
(Sect ion 11 )
The boundaries of said districts shall be as further provided herein.
building shall be erected or premises used for any purpose unless in
compliance with the uses height, area and other regulations and restrictions
prescribed for the district in which such building or premises is located."
No
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See. 4i Said ordinance is hereby amended by adding thereto a >
new Section 11, reading a5 followso
Section 11.
COMMERCIAL DISTRICT.
1. Findinqs and Purpose.
Inadequacies in the present Community (a) Store and Regional Shopping
sections of the Zoning Ordinance exist as hereinafter more specifically
set forth.
(b) There is a need for setback requirements in cohnercial areas
which are not provided for in the existing Community Store section of the
Zoning Ordinance.
general welfare by avoiding congestion, increasing accessability, insuring
adequate light and air and preserving property values. Open space and the
resulting civic beauty results in civic pride, is productive of better
citizens and enhances and protects property values.
Reasonable setback requirements contribute to the
(c) There is a need to eliminate the commingling of different, . incompatible uses in one zoning classification. Such commingling causes
harm to surrounding properties because of the possibility that the
commercially zoned property will be used for a use different from the
particular use contemplated at the time of enactment of the ordinance
zoning the property for commercial use.
different commercial uses in terms of the market area and consumer needs
which they serve rather than solely in terms of the physical dimensions
and appearance of the structures.
developments or "shopping centersst and encourages commercial development
in locations which will best serve the public demand for service and
commercial districts.
There is a need to separate
Such separation encourages planned
The requirements set forth with respect to District C-1 have been
adopted in order to create a neighborhood service district for the purpose
of retailing "convenience" goods such as foods and drugs and providing
personal services such as barber shops and laundry stations for the
accommodation of the basic day-to-day shopping or service needs of persons
living or working within the nearby areao
The requirements set forth with respect to District C-2 have been
adopted in order to provide for a community commercial district extablished
for the purpose of retailing and providing a wide range of goods and
services of both the "convenience" and the "shoppers or durable" nature
such as apparel, furniture and banking and financial services, for a trade
area comprised of several residential areas.
The requirements set forth with respect to District C-3 are
intended to provide for the development of a regional commercial district
to serve a trade area of several communities and to provide a depth of
convenience" and "shoppers and durable" goods and services comparable to
that found in the central business districts of Minneapolis or St. Paul.
11
-2-
.- - ... - ., ..
The-requirements with qespect to District C-4 are intended to
provide for an intensive commercial district in which certain uses are
authofrized which are different from most commercial uses because their
existence 0’s operation exhibits a more intensive effect on neighboring
property and the convenient bse of public streets.
the uses provided for in the C-4 district have been constructed in
locations where they are detrimental to public safety and welfare.
Although necessary to the public, their adverse effect on surrounding
property and surrounding traffic movement is so great that the public
safety and welfare requires that such future uses be constructed only in
locations which are contiguous to existing compatible uses or are constructed
in conjunctiori with a planned, integrated commercial development calling
for adjacent commercial uses which are less of a nuisance.
In the past, many of
(d) Because the Village of Edina is a rapidly growing communitys and
because constant advancement is being made in the field and study of
municipal planning, there is a need to provide a procedure for regular review
of zoning within the Village.
constitute notice to persons who purchase property and whose property is
zoned for commercial use that the zoning of such property will be reviewed
periodically in order to determine whether the existing zoning is consistent
with changed circumstances, whether the zoning was based upon error and
whether the zoning is consistent with the public welfareo
will also give property owners a reasonable guarantee of the stability
of the zoning ordinances as set forth therein,
The procedure adopted in this ordinance will
This procedure
(e) There is a need to limit commercial development to planned and
integrated commercial centers, unless the proposed commercial district is
merely an addition to an existing commercial district.
commercial center, located on a substantial parcel of property, enhances
the public welfare because it results in the least possible breakdown
of channels of traffic, constitutes the least possible nuisance to
surrounding property and is less likely than isolated commercial enterprises
to be abandoned or not cared for and is less likely to lead to blight.
Such a planned
It is therefore the purpose of this ordinance to provide for the health,
safety, order, convenience, prosperity and general welfare by setting forth
in this ordinance all of the regulations and procedures in connection with
the zoning of property for commercial useso
2. Requirements for the Establishment of Commercial Districts,
No property will be zoned Commercial District unless it is
either (1) more than two acres in area, or (2) contiguous on a side lot
line or street frontage to an established Commercial District when such
c0ntiguou.s line or frontage constitutes not less than 25% of the total
length of the perimeter of such property or (3) contiguous on not less
than 75% of the total length of the perimeter of such property to an
existing Commercial District, Office Building District, Industial
District or Planned Industrial District, or any combination thereof,
(a)
I
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(b) VJhen the proposed Commercial District is (1) more than two acres
in area and is contiguous on less than 75% of the total' length of its
perimeter to an existing Commercial District, Industiral District, Off ice
Building District or Planned Industrial District, or (2) five or more
acres in areap it shall'be zoned as a Planned Commercial District
under paragraph 6 of this section.
3. Boundaries of Commercial District, The boundaries of the
Commercial District shall include the following lands:
I
4. Uses Permitted in Commercial District.
District C-1:
(a) Principal Uses.
Barber shops.
Beauty parlors.
Book and stationery stores.
Candy and ice cream stores.
Clothes pressing and tailoring shops.
Drug stores.
Dry cleaning and laundry receiving and pick-up stations,
excluding laundering and dry cleaning.
Florist shopso
Food, grocery, meats fish, bakery and delicatessen storeso
Garden supply, tool and seed stores.
Gift shops.
Hardware stores,
Launderettes-and dry cleaning establishments which provide
automatic, self-service facilities only,
Medical and dental clinics.
Newsstands
Offices, including both business and professional.
Repair stores and "fix-it" shops which provide services
for the repair of home, garden, yard and personal use appliances.
Restaurants, excluding "drive-ins"
Shoe repair and hat repair stores.
Tobacco shopsa
Variety, gift, notion and soft good stores.
Vending machines which are coin or card operated.
-4-
(b) Accessory Uses-,
(1) Business signs.
(2) Off-street parking facilities.
(3) Off-street loading facilities.
(4)
(5)
(6) Telephone booths.
(7)
(8)
Recreational facilities such as swimming pools and skating
rinks, which are available to the public without charge.
Storage of merchandise, solely intended to be retailed by
a related and established principal use.
Bus or taxi loading and unloading facilities.
Dwelling units subject to the regulations of the R-6 Multiple
Residence District and subject further to such dwelling
units being an incidental part or portion of a structure
housing a principal use.
’
District C-2:
(a) Principal Uses.
Any principal use permitted in District C--1.
Amusement and recreation establishments such as commercial
bowling alleys, pool halls, swimming pools9 and skating rinks-
Animal hospitals and kennels, excluding establishments
with outside runs.
Antique shops.
Art gallerieso
Art studios.
Automotive accessory stores-
Bakeries, provided the room or rooms containing the pre-
paration and baking process shall not have a gross floor
area in excess of 2,400 square feet.
Financial institutions including accessory ”drive-in”
facilities.
Bicycle stores including rental, repair and sales.
Blueprinting and photostating establishmentso
Business machine sales and service shops.
Camera and photographic supply stores.
Catering establishments.
Clothing stores.
Club and lodge halls which are chartered and operated
wholly as a non-profit organization,
Coin and philatelic stores.
Department stores not exceeding 4~,000 square feet of
gross floor area.
Dry cleaning establishments provided the room or rooms
containing the cleaning and pressing process shall not have
a gross floor area in excess of 2,400 square feet.
Dry good stores.
Electrical and household appliance stores, including radio
Employment agencies.
Exterminating officeso
Fabric stores.
and television sales and services.
-5-
(46 )
(47
(58)
(59 1
J Frozen food stores, including the rental of lockers in
conjunction therewith.
Furniture stores, including upholstering when conducted as
as incidental part of the principal use.
Fraternal, philanthropic and charitable institution offices
Furrier shops, including the storage and conditioning of
furs when conducted as an incidental part of the principal Use.
Garages, for the storage, repair and servicing of motor
vehicles of not more than two ton capacity, excluding
body repair or paintingo
Greenhouses.
Hobby shops for the sale of goods to be assembled and
used off the premises,'
Home repair, maintenance and remodeling stores and shops.
Household furnishings, fixtures and accessory stores.
Hotels and motels,
Interior decorating stores and shops.
Jewelry stores.
Laboratories, medical and dental.
Laundries, provided the room or rooms containing the
laundering process including washing,' drying, ironing and
wrapping processes shall not have a gross floor area in
excess of 2,400 square feet.
Leather goods and luggage stores,
Liquor stores, municipal owned off sale.
Locksmith shops,
Musical instrument stores and repair shops.
Optical stores
Office supply storeso
Orthopedic and medical appliance stores excluding the manu-
facturing or assembly of appliances or goods.
Paint and wallpaper stores.
Parking lots and garages other than those accessory to a
principal use for the parking and storage of private
passenger automobiles only.
Pawn shopso
Personal apparel stores,
Pet shops
Phonograph, record and sheet music stores.
Photography studios.
Physical culture and health services, reducing salons
and masseurs.
Picture framing and picture stores.
Post offices-
Public utility service storeso
Rental agencies for the rental only of clothing, appliancess
automobiles, cartage trailers, and household fixtures,
furnishings and accessories.
Schools for teaching music, dance and business vocations.
Second hand stores and rummage shops, temporary use only,
viz.: such use to be made for not more than 30 days in
any period of 12 consecutive months.
and assembly hall.
-6 -
Sporting and camping goods stores.
Tailor shops
Taverns serving non-intoxicating malt beverageso
Taxidermist shops.
Telegraph offices.
Theaters excluding outdoor or "drive-in" facilities
Ticket agencies, amusement.
Toy shopsYo
Trading stamp redemption stores.
Travel bureaus and transportation ticket offices.
Undertaking and funeral home establishments.
(b) Accessory Uses.
(1) Any accessory use permitted in District C-1.
District C-3:
(a) Principal Uses.
(1)
(2)
(3)
(4)
(5)
Any principal use permitted in District C-2.
Automobile agencies selling or displaying new, unused
vehicles e
Boat and marine stores or agencies selling or displaying
news unused boats,
Department stores exceeding 40,000 square feet of gross
floor areao
Garages for the storage, repair and servicing of motor
vehicles of not over two ton capacitye
(b) Accessory Uses.
(1)
(2)
Any accessory use permitted in District C-2.
Automobile and/or boat and marine stores or agencies,
,used, provided (a) such accessory u5e is incidental to a
related principal use and (b)
area devoted to the accessory use does not exceed that
of the principal useo
the total site and floor
District C-4:
(a) Principal Uses.
(1) Automobile service stations
(2)
(3) Drive-in restaurants,
Automobile car wash establishments e
(b) Accessory Uses.
(1) Any accessory use permitted in District C-3 except dwelling
units.
-7-
(c) When any property is zoned as a Planned Commercial District to
include one of the foregoing C-4 uses9 the District shall be
referred to as a Planned Commercial District PC-1(4),
PC-2(4) or PC-3(4).
5. Special Limitations and Conditions on Uses. All uses permitted
in Commercial Districts shall be subject to special limitations and conditions
with respect to each as follows:
District C-1:
(a) Dwelling units and rooming units shall not be permitted below the
second floor and principal uses shall not be permitted on any floor above
the ground floor, except in those buildings or structures where dwelling
units are not established.
(b) ments which deal directly with the customer for whom the goods or services
are furnished
All business establishments shall be retail or service establish-
(c) Each business establishment shall be operated as a separate and
distinct business entity, and each shall be limited to a maximum gross
floor area of 129000 square feet, Each business establishment shall be
physically separated from any other such establishment by solid walls,
partitions or windows although nothing in this paragraph is intended to
prevent either common ownership .or free pedestrian movement from one
business establishment to another through either an area commonly owned
or lkased by all adjoining establishments or through direct doorway
connections. All business establishments shall be accessible from the
exterior of the building in which they are located by either a direct
door to the exterior or by direct access to a "common area" which in turn
has adequate access to the exterior of the building without passing
through another business establishment.
(d) Establishment of the "drive-in" type , selling, serving or offering
goods or services directly to customers either waiting in parked motor
vehicles or to customers who return to their vehicles to consume or use
the goods or services while. on the premises of the principal use, shall
not be permittedo
(e) Parking of trucks used in the conduct of a permitted principal
use, other than delivery trucks parked for not more than two consecutive
hours9 shall be limited to vehicles of not more than one ton capacity.
District C-2 and District C-3s
(a) Dwelling units and rooming units other than those located in a
transient hotel or motel shall not be permitted in District C-3 and shall
be permitted only below the second floor in District C-2,
-8-
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(b) Establishments of the "drive-in" type, selling, serving or
offering goods or services directly to customers either waiting in parked
motor vehicles or to customers who return to their vehicles to consume or
use the goods or services while on the premises of the principal use, shall
not be permitted unless specifically authorized as a permitted principal use.
District G-4:
(a) Automobile Service Stations
(1) surfaces, parking areasp advertising devices or other similar site
improvements except driveways traversing a public road boulevard, shall
be located within 110 feet of any part of an Open Development or Multiple
Residence District site which is separated from the automobile service
station site by a public road right-of-way or within 50 feet of an
Open Development or Multiple Residence District site if they are not
separated by a public road right-of-way,
No buildings or structure permanent or temporary, driveway
(2) Automobile service station sites shall not have less than
150 feet of frontage to or from which access or egress at two or more
locations is possible or not less than 120 feet if there is only one or
no point of access.
feet plus 5,000 square feet for each service bay in excess of three,
but not more than 60,000 square feet.
Total site area shall be not less than 2O,OOO square
(3) Pump islands shall be set back not less than 15 feet from
any street right-of-way line and not less than 25 feet from any non-street
property line and not less than 50 feet from any non-Commercial District
boundary
(4) Hydraulic hoists, pits, and all lubrication, greasing,
washing, repair and diagnostic equipment shall be used and enclosed
within a building.
(5) Interior curbs of not less than six inches in height
shall be constructed to separate driving services from sidewalks, land-
scaped areas and street travelled ways.
(6) No automobile service station on a site contiguous to any
Open Development or Multiple Residence District shall be operated between
the hours of 11 P,M, and 6 A.M. of the following daya
(7) All driving surfaces shall be constructed and maintained
in the same manner as prescribed hereinafter for parking lots.
(b) Automobile Car Wash Establishments.
(1) Automobile car wash establishments shall be subject to the
same limitations and conditions as are specified heretofore in subparagraphs
(l), (3), (4)9 (5), (6) and (7) for Automobile Service Stations.
-9-
(2) Sufficient off-street area to provide space for not less
than 40 automobiles waiting to be serviced shall be provided.
20 feet by 9 feet shall be deemed adequate €or each such required space.
All wash water disposal facilities including sludge, grit
reinoval and disposal equipment shall be subject to the approval of the
Village Engineer and shall conform with all Village ordinances regarding
sewerage and health, and shall be designed so as not to affect detrimentally
the Village sewer system.
A space
(3)
(4) Not more than one point of ingress and one point of egress
shall be allowed between an automobile car wash site and any one public
street.
(5) Total site area shall not exceed 80,000 square feet.
(c) Drive-in Restaurants.
(1) Drive-in restaurants shall be subject to the same limitations
and conditions a5 are specified heretofore in subparagraphs (l), (5) and
(7) for Automobile Service Stations;,
(2) Drive-in restaurant sites shall have a minimum total site
area of not less than 20,000 square feet or 600 square feet per drive-in
stall, whichever of the two is greaterS and a maximum site area of
80,000 square feet.
(3) No drive-in stalls shall be located within the required
front or side street building setbackso
(4) No drive-in restaurant shall be operated between the hours
of 1 A.M. to 8 A.M.
6 a Planned Commercial Districts
A. Definition:
A Planned Commercial District is a pre-planned development of
business establishments usually characterized by central
management, integrated architectural design of buildings, joint
or common use of parking and other similar facilities and a
harmonious selection and efficient distribution of business
types.
of an ordinance amendment under this paragraph shall thereafter
be referred to as a Planned Commercial District, PC-1, PC-2, or
PC-39 depending on the actual district uses and standards allowed
and each such district shall be subject to the provisions of this
paragraph relating to Planned Commercial Districts as well as to
the requirements of this section relating to Districts C-1,
C-2, or C-3, as the casmay be. A Planned Commercial District
wherein C-4 uses are authorized in addition to other uses shall
be referred to as a Planned Commercial District PC-1(4),
PC-2(4) or PC-3(4)9 as the case may be.
Any Commercial District established by the enactment
-10-
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B. Requirements for the Establishment of the Respective Planned
Commercial Districts::
(a) Size of District:
(1) District PC-1 (or PC-1(4)),
Minimum area provided in paragraph 2 of this section.
(2) District PC-2 (or PC-2(4)).
Minimum area - 5 acres.
(3) District PC-3 (or PC-3(4)),
Minimum area - 50 acreso
Gross Building Floor Area;
to be determined by excluding from consideration the floor
area to be occupied by C-4 'uses.
(1) District PC-1 (or PC-1(4)).
All of the following minimums are
.
Minimum floor area - 15,000 square feeto
Maximum floor area per Permitted Principal Use
9,000 square feet.
(2) District PC-2 (or PC-2(4)).
Minimum floor area - 50,000 square feet.
(3) District PC-3 (or PC-3(4)).
Minimum floor area - 5009000 square feet.
(c) District Limits
For purposes of calculating the minimum or maximum site
areas or the minimum or maximum gross floor areasestablished
by this paragraph 6, a single Planned Commercial District
shall lie entirely within the right-of-way lines of adjacent
public streetso Any area designated as being a Planned
Commercial District and lying on both. sides of a public
street shall be deemed to be two Planned Commercial Districts
and'all minimum and maximum requirements shall be met by
each such separate district.
(d ) Ownership :
In order that the purposes of the Planned Commercial District
may be achieved, the land and buildings and appurtenant
facilities shall be in single ownership or under the
management and supervision of a central authority, or
otherwise subject to such supervisory lease or ownership con-
trol as may be reasonably necessary to carry out the pro-
visions of this ordinanceo
-11-
I ..
(e) Integrated Designs
A Planned Commercial District development shall consist of
a harmonious selection of uses and grouping of buildings,
services, and parking areass circulation and open spaces,
and shall, be planned and designed as an integrated unit, in
such manner as to constitute a safe, efficient and convenient
shopping area
Relationghip of Site to Comprehensive Plan and Street Pattern: (f)
A propospd Planned Commercial District development shall be
consistent with the comprehensive land use plan for the
Village and shall be so located that it has direct access
to a major thoroughfare.
C. Procedure for Planned Commercial District Zoning and Subsequent Reviews
(a) Preliminary Reviews
Every applicant requesting the establishment of a Planned
Commercial District may submit his proposal in writing to
the Planning Department and the Planning Commission for
their preliminary review before he makes formal application
under the terms of subparagraph (b) next following. The
proposal submitted for this preliminary review should be
as comprehensive and detailed as is necessary for the
reviewing authorities to determine the classification of the
proposed Planned Commercial District, the general character
of its development and the extent to which it complies with
the conditions, limitations, standards and restrictions of
this ordinance.
(b) Application:
An applicant for Planned Commercial District zoning shall
apply therefor to the Village on forms to be prescribed.
application shall be filed with the Planning Department and
transmitted by that Department to the Planning Commission,
Said application shall be accompanied by a preliminary
development plan for the entire tract and such of the following
additional described supporting data as the Commission may
require :
(1) Preliminary Development Plan.
Said
The preliminary development plan shall consist of a
scaled drawing to a scale of not more than 50 feet to
the inch upon which are shown the followings
(aa) The entire outline, overall dimensions and area
of the tract described in the application
-12-
.
The use3 zoning and ownership of all adjacent
properties within 100 feet of the tract boundaries
including the location of all structures thereon
and the right-of-way width and travelled widthaof
all adjacent public roadways.
The existing and proposed topography of the
tract with contour intervals not greater than
5 feet.
The location, general exterior dimensions and
approximate gross floor areas of all proposed
buildings
The type of each use proposed to occupy each build-
ing and the approximate amount of hilding floor
area devoted to each separate use.
The proposed location, arrangement and number of
automobile parking stalls*
The proposed location, arrangement and general
dimensions of all truck loading and unloading
facilities.
The location and dimensions of all vehicular
entrancess exits and driveways and their relation-
ship to all existing or proposed public streets.
The location and dimensions of pedestrian
entrancesg exists and walks.
The general drainage system.
The location and dimensions of all walls3 fences
and plantings designed to screen the proposed
district from adjacent uses.
The types of a11 ground covers.
(2) Market Analysis
The applicant, when specifically requested to do so by
the Planning Commission, shall submit a market analysis
suitable for the size Planned Commercial District
proposed, showing the need for a Commercial District
in the location requested and the probability of the
proposed district being sufficiently successfuly to
avoid its becoming a community or neighborhood liability
and thereby detrimental to the welfare of other persons
and property, For these purposes3 the market analysis
shall contain the followings
-13-
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(aa) Determination of the trade area of the proposed
commercial district.
(bb) Determination of the present and prospective
trade area population,
(cc) Determination of the effective buying power in
the trade area.
(dd) Determination of net potential customer buying
power for stores in the proposed Planned
Commercial Districto
(3) Development Schedule
The applicant shall submit a proposed schedule
construction beginning at the time the requested zoning
may be granted and continuing until all of the components
of the proposed Planned Commercial District are fully
completed. If the construction of the proposed Planned
Commercial District is to be in stages, then the components
contained in each stage should be clearly delineated,
0.f
(c) Planning Commission Review.
Within not more than 60 days after having received the application
for a Planned Commercial District, including all supporting data
required, the Planning Commission shall forward the application
and its recommendation on the request to the Village Council.
(d) Council Review - Hearing.,
Upon receiving and reviewing the application and the recommendations
of the Planning Commission, the Village Council may set a time
for a public hearing and shall consider the request in the same
manner prescribed by this ordinance for any district amendment.
(e) Council Action.
(1) Upon finding by the Village Council that the conditions
necessary for a change in district boundaries are present
and that the Preliminary Development Plan meets the
requirements of the Commercial District regulationss the
Council shall approve the same as the Final Development and
order the publication of the ordinance amendment affecting
the zoning change.
(2) Upon finding that the conditions necessary for a change in
district boundaries are present and that the Preliminary
Development Plan, upon being amended, altered, and changed as
specified by the Village Council, will meet the requirements
of the Commercial District regulations, the Council shall so
notify the applicant.
and file with the Planning Department a Final Development
Thereupon, the applicant shall prepare
-14-
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Plan and supporting data incorporating such specifications.
Upon the filing of such Final Development Plan, the Planning
Department shall so notify the Council which may then
authortze the publication of the ordinance amendment
affecting the zoning change.
(3) The Final Development Plan as approved, together with such
covenants, deed restrictionss reservations, controls or
variances as may be attached to it and made a part thereof
shall become a part of the official files of the Village.
(f) Development of the Planned Commercial District a
(1) Compliance with Final Development Plan = Changes.
The development of the Planned Commercial District shall be
in substantial compliance with the approved Final Development
Plan.
there is:
Compliance shall not be considered substantial if
(aa) more than a 10% increase in floor area ratios;
(bb) more than a 10% reduction in the originally approved
separations between buildings;
(CC) any reduction in the originally approved setbacks
from property lines;
(dd) more than a 10% increase in the ground area covered
by buildings;
(ee) any reduction in the ratio of off-street parking and
loading space to gross floor area in buildings.
Differences, between the actual development and the proposed
development shown in the Final Development Plan not permitted
under the foregoing provisions of this section (f) (1) will
be permitted only if the Final Development Plan is changed
with the approval of the Village Council. Proposed changes
shall be reviewed by the Planning Commission and be approved
by not less than a majority of the members of the Village
Council
(2) Subdivision of Land - Required Improvements.
The subdivision of land zoned as a Planned Commercial District
shall be subject to such requirements for approval and record-
ing as have been established by Ordinance No, 263.
(3) Building Permits.
Applications for building permits shall be reviewed and ap-
proved by the Planning Director after considering the recommen-
dation of the Planning Commission, before being submitted to
-15-
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the Village Building Inspector.
examined to determine if they conform to the provisions of
this ordinance and theqproved Final Development Plan,
Such applications shall be
The following information, as appropriate, shall be submitted
with any building permit application:
' (aa) Preliminary plans, elevations, sections and specifica-
tions of materials and structural systems for the pro-
posed building or buildings, prepared by a registered
architect.
(bb) A site plan for traffic engineering analysis, showing
location and design of the buildings, driveways, drive-
way intersections with streets, parking areas, loading
areas, maneuvering areas and sidewalks,
A site grading plan and planting plan, including screen
walls and fences, for analysis of adequacy of surface
drainage, erosion control, visual screening and land-
scaping a
(cc)
(dd)
(ee)
A site plan showing utilities and utility easements.
Plans for all signs to be erected, including details of
sign locations, design, size, color and lighting,
A description of proposed operations in sufficient detail
to enable the Planning Director to determine if the
proposed land use is within the uses permitted in the
established Commercial Districto
(ff)
Upon approval by the Planning Director, the building permit
application shall be submitted to the Village Building In-
spector who shall process the permit in conformance with the
Village of Edina Building Code Ordinance No. 51-A.
application submitted to the Village Building Inspector shall
include complete and final plans, elevations, sections, and
specifications of materials and structural systems for the
proposed building or buildings, prepared by a registered arch-
itect.
The
(g ) Periodic Review and Schedule of Development -
(aa) In the event that construction of a substantial part of
the proposed Planned Commercial District is not 5% com-
pleted within 2 years from the enactment of the ordin-
ance establishing it, the Planning Director shall report
such fact to the Council together with such other in-
formation as is available to him concerning any actual or
planned changes in the surrounding area with respect to con-
struction of buildings, roads or highways or other public
improvements.
considered by the Council at the regular meeting following
such report or at such other meeting as the Council may
The report of the Planning Director shall be
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direct in order
District zoning
I to determine whether the Planned Commercial
is Consistent with the public health,
safety or general welfareo
as a result of such report and Council consideration, the
Planned Commercial zoning shall be reviewed and reconsidered
at one year intervals in accordance with the procedure set
forth in this section, unless construction of a substantial
part of the Planned Commercial District is 50% completed
prior to such reconsideration, For the purposes of this
section a "substantial part" of the proposed Planned
Commercial District shall consist of not less than the
number of gross feet of building floor area (excluding those
areas devoted to uses permitted in the C-4 District)
specified for each District as follows:
If the property is not rezoned
Planned Commercial District PC-1 15 000
Planned Commercial District PC-2 509000
Planned Commercial District PC-3 500,000
No building permit shall be issued for a District C-4
use in a Planned Commercial District until and unless the
first stage of the related PC-1, PC-2 or PC-3 construction
is 5@/ completed,
In the event that construction of the proposed Planned
Commercial District is not completed within the period
hereinafter specified for each district, the Planning
Director shall report such fact to the Council together
with such other information as is available to him con-
cerning any actual or planned changes in the surrounding
area with respect to construction of buildings, roads or
highways or other public improvementso
Planning Director shall be considered by the Council at
the regular meeting following such report or at such other
meeting as the Council may direct in order to determine
whether the Planned Commercial zoning is consistent with
the public health, safety of general welfare.
The report of the
If the property is not rezoned as a result of such report
and Council consideration, the Council may establish a
date for further review and reconsideration in accordance
with the procedure set forth in this section. The period
allowed for completion of construction without the review
provided for in this subparagraph is as follows:
Planned Commercial District PC-1
Planned Commercial District PC-2
Planned Commercial District PC-3
3 years
5 years
10 years
7, Bou,ndaries of Planned Commercial District- The boundaries of
the Planned Commercial District shall include the following lands:
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8. Restrictions on Buildinq Bulk, Heiqht and Setbacks.
A. Building Bulk or Floor Area Ratio (FAR):
District c-1 Max. FAR
100
c-2 1.5 c-3 0,5 c-4 0.3
PC-1, PC-2, PC-3 005
Planned Commercial Districts,
B. Height:
District c-1 & PC-1 c-2 & PC-2 c-3 & PC-3 c-4
Max. No, of Stories
2 stories
4 stories
no maximum
1 story
C. Setbacks and Yards:
(a) Setback and yard requirements for each District shall be as
hereinafter set forth in subparagraph (b) except as follows:
(1) In Districts C-1, C-2 and C-3, when more than 25% of
the frontage on the side of a street between intersections
is occupied by structures having setbacks from street
.right-of-way§ of greater or lesser amounts than here-
inafter required, the average setback of all existing
buildings between the intersections shall be maintained
by all new or relocated structures.
building is to be built where there is such an established
average setback different from that required hereinafter
and there are existing buildings on one side only, the
front setback of said new building need be no greater
than that of the next adjoining existing building. In
a case where the building is to be built where there is
such an established average setback and there are
existing buildings on both sides of the said new building,
the front setback shall not be required to be greater
than that which would be established by connecting a
straight line between the nearest front corners of the
adjoining existing buildings.
In the event a
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I.
(2) Ihterior side and rear yard requirements apply only
the Side or rear lot line is a Commercial District
bouncjary.
one-half if rear yard abuts the rear yard of the next
adjoining property and if rear wall contains no
windqws or doors,
Rear yard requirements may be reduced by
(3) The minimum building setback from any Commercial District
boundary shall be as set forth herein or the average
height of the building, whichever is greater.
building whose length is equal to or exceeds twice its
average height if such height is 3 stories or more shall
have an average building setback from any public right-
of-way or Open Development District or R-2 Multiple
Residence District boundary line of not less than a
distance equal to 2-1/2 times its average height.
A
(b) District Setback Requirements (measured in feet) t
District Front c-1 35 c-2 35 c-3 50
c-4 45
All Planned
Commercial
Districts 50
Interior Side
15
25
50
25
50
Side Street Rear
25 25
25 25
50 50
45 25
50 50
9. Reauirements for Vehicular and Pedestrian Circulation, Off-
Street Parkinq and Loadinq.
fk Traffic and Circulations
All commercial buildings or structures and their accessory uses
shall be accessible to and from nearby public streets and side-
walks by driveways and walkways surfaced with a hard, all-weather,
durable, dust free material and property drained.
Vehicular traffic generated by an commercial use shall be channeled
and controlled in a manner that will avoid congestion on the public
streets, traffic hazardsg and excessive traffic through residential
areass particularly truck traffic, The adequacy of'any proposed
traffic circulation system to accomplish these objectives shall
be determined by the Village Engineer who may require such
additional measures for traffic control as he may deem necessary,
signalization, channelization, standby turn dire lanes, ct ionat rig t turn
including but not limited to the followings
run-off lanes, added roadway width, warning signs, directional
signss illumination, and storage area and distribution facilities
within the commercial site to prevent back-up of vehicles on
public streets.
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.
No area used by motor vehicles other thar! driveways serving as
ingress or egress to the commercial site shall be located
within the public street right-of-way.
All driveways to or from public streets shall be subject to
the following restrictions:
Driveway Nidths:
TvDe Max Feet. Min Feeto
Back of Curb to Back of Curbo
One Way 20 12
Two Way 30 24
Maximum. Driveway Width at Street Curb:: 30 feet, not
including returnsg measured along street curb lineso
Minimum Driveway Anqle to Street: 30 degrees when street
is one way or divided, otherwise 60 degrees.
Minimum Distance Between Driveways." 20 feet, between ends
03: returns measured along street curb line.
Minimum Distance of Drivewav from Street Intersection2
Measured along street curb line between ends of returns.
If the driveway
enters a street
classified as a
Minor Street
Collector 'street
or Minor Arterial
Ma j or Arteria 1
And the intersecting And driveway enters
street is classified. lana approaching or
&pro a chins &eavinq*,
as a __I leavinq intersection
Minor Street, Collector
Street or Minor Arterial 15 ft. 15 ft.
Major Arterial 20 ft. 15 ft.
Minor Street 20 fto 15 ft.
Collector, Minor
Arterial 25 ftc 15 ft.
Major Arterial 35 ft* 20 fte
Minor Street 20 ft, 15 ft.
Collector, Minor Arterial 25 ft. 15 fto
Major Arterial 40 ft. 20 ft.
Expressway Ramp 200 ft, 100 ft.
*Notex Minimum distance to be the same as that specified
for approaching lane if left turns are permitted
into or out of driveway.
Minimum Drivewav Return Radius: 6 feet.
Minimum Distance Between End of Drivewav Return and Property - Lines 10 feet.
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B. Off-street Parking:
Off-street parking facilities accessory to uses allowed in the
Commercial Districts shall be provided in accordance with the
following requirements and regulations:
Locations
shall be located on the same property occupied by the
principal use or on another adjacent lot or parcel under
the control of the owner of property occupied by the principal
use.
or easement for a period of not less than 25 yearso
of all required spaces shall be located within 500 feet
of the entrances to the principal use and lOPk shall be
located within 1,000 feet.
within 10 feet of any Commercial District boundaryo No
parking areas shall be located within 20 feet of a street
right-of-way line in any Planned Commercial District.
The required number of off-street parking spaces
For the purpose of this section such "control" may be
derived from ownership in fee simple or by virtue of a lease
75%
No parking area shall be located
(b) Desiqn and Construction2 Off-street parking areas shall be
so designed that vehicles can be parked in a convenient and
orderly fashion. Parking areas shall be surfaced and
maintained with a hard, all-weather, durable, dust-free
surfacing material and shall be properly drained. Each
parking space shall be clearly outlined or otherwise
marked and shall have a minimum width of 8-1/2 feet and
a length of 19 feet exclusive of aisles and maneuvering
space. Clear aisle widths shall be at least 12 feet €or
45 degree parking, 18 feet for 60 degree parking and 24 feet
for 90 degrees.
lot to another shall be capable of doing so without using
a public street-
Traffic moving from one part of a parking
(c) Number of Spaces Reauireds The required minimum number of
thereof of floor area shall be with respect to each
parking spaces per each 1,000 square feet or major fraction
district as follows, subject to the exceptions hereinafter
set forth:
District c-1, PC-1
c-29 PC-2 c-3, PC-3 c-4
Min. No. of Spaces.
8
7
6
As specified hereinafter
Exceptions:
(1) Automobile Service Stations: 3 spaces for each enclosed
service bay and 1 space for each day-shift employee.
(2) Medical and Dental Offices: 6 spaces for each doctor
or dentist,
-21 - I
(3) Offices:
(4) Restaurants, Taverns; 1 space for each 3 seats plus
1 space for each 250 square feet of floor space,
1 for each 2 employees.
(5) Animal Hospital or Kennel: 10 spaces-
(6) Churches, Theaters, Auditoriums, Mortuaries, Stadiums,<
Arenas, Lodqe Halls and other places of assembly:
Spaces equal in number to 1/3 of maximum seating capacity.
(7) Furniture, Automobile and Boat Sales: 1 space for each
400 square feet of floor area for the first 25,000
square feet plus 1 space for each 600 square feet over
25,000 square feet.
(8) Hotels and Motels; 1 space for each unit plus 1 space
for each employee.
(9) Bowlins Alleys: 5 spaces per lane,
(10) Automobile Car Wash: 25 spaces plus 5 for each wash
lane in excess of one. These are in addition to the
spaces provided for the cars waiting to be serviced,
(not including car hops) in addition to spaces for
customers.
(11) Drive-in Restaurants: 1 space for each 2 employees
C. Off-street Loadings
All off-street loading facilities accessory to uses permitted in
the Commercial Districts shall be constructed in accordance with
the following requirements and regulations:
(a) Location: Off-street loading facilities shall be easily
accesible from public roadways with a minimum of inter-
ference with other vehicle and pedestrian traffic. Insofar
as practical, truck traffic should be routed around and not
through automobile parking areaso
facility shall be located on any street frontage nor within
the limits of areas established by setback or yard requirements.
All off-street loading facilities including maneuvering space
must be located within the lot or parcel boundaries,
No loading or unloading
.
(b) Desiqn and Construction: A required off -street loading
facility shall not be less than 12 feet in width, 14 feet
in height and either 25 or 50 feet in length, exclusive of
aisles and maneuvering spaceo
for the loading and unloading of merchandise, All such
facilities including their related aisles and maneuvering
space shall.be surfaced in the same manner as that pre-
scribed for parking areas.
It shall be used exclusively
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. 10. Requlations on Screeninq, Landscapinq, Liqhtins, Storaqe and
@&door Dimlays
I (a) Screeninq. All principal and accessory uses, except business
signs, which are situated within 50 feet of an Open Development District or
Multiple Residence District shall be screened from such District by a wall
or fence of not less than 90% opacity and not less than 5 nor more than 7
feet in height above the level of the Open Development District or Multiple
Residence District property at the District boundary- Walls or fences of
lesser heights or planting screens may be permitted by the Village Council
if there is a finding that the nature or extent of the use being screened
is such that a lesser degree of screening will as adequately promote and
protect the use and enjoyment of the properties within the adjacent Open
Development District or Multiple Residence District, or there is a finding
that a screening of the type required by this ordinance would interfere
with the provision of adequate amounts of light and air to same said
propertieso
screened so as not to be visible from any public street right-of-hay
within any Open Development or Multiple Residence District.
screening devices shall be designed so that they are architecturally
harmonious with the principal structures on the site and they shall be
properly maintained so as not to become unsightly, hazardous or less
opaque then when originally constructed.
Loading docks in any Planned Commercial District shall be
All required
(b) Landscapino. All exposed ground areas surrounding or within
a principal or accessory use including street boulevards, which are not
devoted to drives, sidewalks, patios or other such uses shall be landscaped
with grass, shrubs,, trees or other ornamental landscape materials. All
landscaped areas shall be kept neat, clean and uncluttered.
area shall be used for the parking of vehicles or the storage or display
of materials, supplies or merchandise.
No landscaped
(c) Liqhtinq, All sources of artificial light situated on a
Commercial District site shall be so fixed, directed, designed or sized
that the sum total of their illumination will not increase the level of
illumination on any nearby property zoned Open Cevelopment or Multiple
Residence District by more than 0.1 foot candle on or within 25 feet of a
dwelling nor more than 0-5 foot candle on any other part of the property,
"Glare" whether direct or reflected, as differentiated from general
illumination, shall not be visible from beyondthe limits of the immediate
site from which it originateso
(d) Storaqe - Displayso All materials, supplies, merchandise
or other similar matter not on display for direct sale, rental or lease to
the ultimate consumer or usershall ke stored within a completely enclosed
building within the C-1 or PC-1 District, and within the confines of a
100% opaque wall or fence not less than 5 feet high in any other Commercial
District. Merchandise which is offered for sale as described heretofore,
may be displayed beyond the confines of a building in any Commercial
District, but the area occupied by such outdoor display shall not constitute
a greater number of square feet than 10% of the ground floor area of the
-23 -
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z * building housing the principal use, unless such merchandise is of a
type customarily displayed outdoors such as automobiles and garden supplies.
yard.
front or side street setback nearest the street nor within any required
interior side or rear setbacke
c No storage of any type shall be permitted within any required setback or
No display shall be permitted within the one-half of the required
(e) Performance Standards All business operations and activities
including but not limited to the production, processing, cleaning, servicing,
testing, or repair of materials, goodsg or products shall conform to the
performance standards established for the Planned Industrial District,
provided that performance standards shall, in each cases be applied at
the boundaries of the lot on which such business operations or activities
take place.
Section 5. This ordinance shall be in full force and effect
immediately upon its passage and publication.
Adopted this 6th day of July, 1964.
ATTEST x
ARTHUR C, BREDESEN, JR.
Mayor
GRETCHEN S. ALDEN
Village Clerk
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