HomeMy WebLinkAbout19651220_regularI December 31, 1965
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COSTS INVOLVED TO THE VILLAGE OF EDINA
IF THE VILLAGE OF PIOFUINGSIDE IS ANNEXED
TO EDINA
p REPORT TO TH~; MAYOR AND VILLAGE COUNCIL OF EDINA
On December 15, 1965, the Village of Edina received a letter from the
21innesota Hunicipal Commission stating that the Commission had of its own
motion initiated a petition for the annexation of the Village of Morningside
to Edina.
the Village of Edina is required to approve or reject the proposed annexation
within 30 days.
In accordance with the provisions of IYIinnesota Statutes 414,04,
If the I4ayor and Village Council of Edina approve, the Commission will
hold hearings to determine if such annexation is in the best interests of
Morningside and Edina.
annexation, an election will be held in the Village of Morningside,
Subsequent to s favorable vote, the Commission, after consultation with
the governing bodies, would make arrangements for dissolving the E1orningsi.de
government and transferring it to the Village of Edina.
If the Commission finds in favor of the proposed
On December 20, 1965, the Edina Village Council directed the Village
Manager to prepare a factual, detailed report as to the financial implications
involved if Morningside is annexed to Edina, with particular attention as to
whether additional costs would have to be paid by Edina taxpayers.
8
There are many ways in which an anaaysis as to the financial implications
for Edina's taxpayers could be made. Any method would involve certain assump-
tions and many estimates which might be subject to criticism or counter-claim.
After considering several possible approaches, many of which would
involve time-consuming research and refinement of presently available
financial data from both communities, one has been chosen which can be
reasonably substantiated.
the providing of municipal services and facilities to Morningside's 2,000
residents, Edina would,not have to add, either immediately or in the
foreseeable future, any personnel (other than Norningside's present one
full-time public works maintenance man) or equipment solely because of the
Morningside annexation.
The basic assumption is that if Edina takes over
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In making this assumption, reliance has been placed on the fact tha,t
Edina has, for each of the past ten years, added an averags of about
1500 new residents each year from new building within Edina's present
limits, without making other than very gradual increases in personnel
and equipment, During the past %en years, Edina has changed from beikag almost
entirely an area of single family hones to a balanced comnu16ty with several
large scale retail, office, Industrial, and multi--fanily apartment developments,
The municipal problems involved providing services to a small, developed area
of single family homes, such as Eorningside, are considerzbly different than
providing services to a large area of al.2 types of deveJ-ogmerfco
therefore, of Edina's costs pw cqita, per ape, os? pas &le of street, with
Morningside's costs would be meaningless,
A corparcison,
It is believed that EG-na9 s gxsent .fiilL-TI.;Jne personnel could properly
service Norningside's needs, at not less than the same level. of service, being
given by Morningside now, and not alight Edha*s 0%~ needs, This does zaot
mean that Edina is over-staffed and wai'cing for additi.ona1 wo2k to appeara
Quite the contrmy is tme, as any reasonable co~~arhsan 05 Edinaqs municipal
employment with other similar cornitmities would show gemrally that Edi.na has
somewhat fewer employees pw capita e
each of Edina 's departrnents wi3-f. need ~FB persons
and more materials to continue present sexvice levelso
upon rate and type of powth in the future, econonic conditions, possible
work scheduie reductions e u12 many o%hes? factom Certtislly the add.ition
of IJlorningside would speed up %h.a growth, hut to pinpoint how much WOULJ be
attributable solely to the annexa'irion of Mornhgside is almost impossibleo
At some presen-kly unforecastdn3.e time
adclj.tiona1 eq~7iphnen't
The time depends
A tabulation of the per-Linsnt facts follms :
EDINA
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MO RlJIMG SIDE __.
Population 35,302 (1965 Census ) 2,011 (1965 EstimaZe)
Streets 232 Xiles 5 1li.Les
Area 16 Square Miles 240 Acres
Assessed Valuation
May 1, 1965 $37,683,483 $3,256 648
Tax Rate 1966 29,46 Wlls 40,6 Mills
Budgeted
Expenditures 1965
(General, Park
Poor, General
Bonds ) $1,609,470 $53,257.15
Tax Levy $1,108,872 $51,076.43
(Excluded from the above figures are Mosningside$s Sewer Fund, Water Fund,
Garbage Fund, and six Special Assessment Improvement: Fu.nds, as these are
not financed by General. Property Tax)
-3-
In the approved 1966 Budget for Morningside, certain revenues and
expenditures which are normally included in a budget are not contained.
These include building, plunibing, electrical, and hsating inspection fees,
dog and bicycle licenses, fines, and other small amount receipts.
According to the 1964 Annual Financial Report, these amounted to
approximately $2,500.
and are considered a "wash" item by Morningside.
permits are also excluded from Budgeted Revenues.
received from this general source,
were $63,503.03, with disbursements of $57,383.35, compared with "budgeted"
expenditures of $46,032.
Most of the fees are paid to the various inspectors
Business licenses and
In 1964, $591.05 was
Total "General Fund" receipts in 1964
Because of the budgeting practices followed by the Village of Mmningside,
some data from the 1964 Annual Financial Report is used in the following
summary :
EXPENDITURE
Council Salaries
Membership Dues
Council Miscellaneous
Clerk's Office (Salary, Rent,
Assessor - Salary
Treasurer - Salary
Attorney - Fees
Engineer - Salary
Police (Morningside pays Edina)
Fire ( Mornings i de pays
St. Louis Park)
Elect ions
Library (Rent E Heat)
Publications
Street Lighting
Street Signs (Including Signal
Maintenance)
Equipment Purchases & Repairs
Equipment Replacement
General Labor
Street Department Materials
Weed Eradication
Boulevard Tree Spraying
Municipal Building Maintenance
Etc.
tIORNINGS1 DE
BUDGET 1966
$ 1,620.00
500.00
150 s 00
4,681 e 00
650 .OO
300,OO
1,000.00
600 00
10,600. 00
4,827 e00
350.00
150 . 00
3,060 . 00
1,000.00
500 . 00
1,500.00
8,000 . 00
7,700.00
400 . 00
1,000.00
350 00
1,075 '00
ESTIMATED
" OUT-OF-P OCf(ET"
ANNUAL EXPENSE
TO EDINA
-0-
-0-
$ 150,00(A)
- 0-
200*00(B)
-0-
250 .OO(C)
-0-
2,500.00(D)
500 . OO(E)
350.00 (F)
l,OOO.OO(G)
-0-
3,060 00
500 e00
1,000 .oo
500 . 00
8,000 .OO
7,700.00
350.00
1,075,OO
400 00
.
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EXPENDITURE B PERA (Employer's Contribution)
Park Board (Maintenance of
Playground, Rink)
Hennepin County Park District -
Tax Levy
Civil Defense
Hennepin County Hursing (Per
Capit a Basis)
Poor Fund
Contingent Account
Insurance
MORNINGSIDE
BUDGET L966
$ 600.00
Cigarette E Liquor Tax
Interest
Business Licenses and Permits
Building, Heating, Plumbing,
Electrical Permits ; Dog
and Bicycls Licenses
Justice Fines
County Road Allocation
Municipal State Aid Streets
Park and Playground Registrations
Miscellaneous (Weed Cutting,
Special Assessment Searches,
Maps , Filing Fees, Etc. 1
TOTAL
Less Police Contract Fee
2,500 e 00
297.15
72.00
525.00,
600.00
1,650.00
$58,257.15
2,000.00
MORCKCNGSI DE
$ 6,180.72
1,000.00
591.25
1,706 45
400 . 00
1,208 . 00
-0-
163 . 71
185.00
Total Revenues Other Than
Property Tax $11,435 I 13
Net Expenditures $46,882.02
Tax Levy - Edina's 1966 Rate -
29 . 46 Mills on Morningside s
1965 Valuation of $1,256,648.
Available to Edina for Services
Provided Morningside not included
i,n "Out-of -Po cket I' Tabulations
ESTINATED
"OUT-OF-POCKET"
ANNUAL EXPENSE
TO EDINA
$ 600.00
2,500,OO
300 . 00
72 00
525.00
600.00
500 . 00
1,650.00
$343382 .OO
EDINA
$ 6,180.72
1,000 e 00
600.00
1,500r00
200 00
-0-
7,500e00(H)
200 e 00
185 00
$17,365,72
10,600 00
$ 6,765.72
$27,616.28
37,O2Ob85
$ 9,404,57
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Footnotes (from pages 3 and 4):
A - Membership in State and County muilicipal leagues are based on a
B - Extra mileage costs involved appraising Morningside property,
C - For time spent on purely Morningside p&ects,
D - Extra mileage costs patrolling Mdtmihgside,
E - Off-duty response pay far six fires pep year.
F - Judges ahd supplies €or continuing Morningside as precinct, (If
G - Continuation oE present small branch of County Library dependent
g
l-i - Muniaipalities under 5,000 population receive highway funds fiom
minimum for each municipality plus a regressive amount per capita.
Voting machines used, a capital cost of $4,500 would be involved.)
upon County and availability of proposed new Edina branch.
County; those over from the State.
per capita from this source, or $173,000 yearly,
distribution is area, population, mileage of streets and their
needs. Estimate believed conservative.
Edina now receives about $5
Basis of
A further assumption has been that Norningside's assessed valuation
would not be materially changed, either up or don, when Morningside homes
are appraised for property assessment purposes by Edina,
values of some homes in Norningside would be decreased, some would be
increased, and some would remain the same.
information fromthe State Tax Department for 1964, published in the
"Minneapolis Star'' on December 11, 1965, indicates that Edina's and
Morningside's ratios of "full and true" value to "market value" are
identical - 30.7%.
The "full and true"
This is because the most recent
In company with the Morningside Assessor, the Edina Village Assessor
made a spot check early in December of seven homes in Morningside.
tabulation of the results follows:
A 8
EDINA VALUE MORNINGSIDE VALUE EDINA TAX MORNINGSIDE TAX
#1 $ 4,950 $ 5,280 358,20 409 47
#2 6,475 6,240 516 0 58 513349
#3 6,900 7,400 560 . 72 639 018
I4 8,800 8,900 758.05 801 70
#5 6,175 5,865 485.43 472 86
#7 7,600 6,690 633.47 562 25
#6 6,650 6,425 534 . 76 533.53
$47,550 $46,800 3847eJ.6 3932,48
($6,793 avg.) ($6,685 avg.
f
Edina Rate, 259,54 Homestead, 259.64, Non-Homestead; Morningside Rate,
270.78 Homestead, 270.88, Non-Homestead.
3847.16 - Total Tax in Edina on 1966 Rate.
3932.48 - Total Tax in Morningside on 1966 Rate,
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An example of what might happen when Edina's Assessor valued Morningside
Of 106 homes reappraised, properties is the experienca in one area in Edina.
70 homes were lowered an average of $2,620; 33 were raised an average of
$1,750; and three remained the same. I
Principal attention so far has been given to operating costs, Also
involved, of course, are capital improvement costs.
requires a rather extensive storm sewer system at a cost of perhaps $150,000,
and permanen% surfacing on most of its streets,
installed after annexation, it must be assumed that the costs would be
financed by special assessment of the affscted and benefitted properties
in the same manner in which Edina has financed more than $15,000,000 of
such construction in the past few years, with no General Fund contribution,
Edina's only exception to this policy has been a subsidy from the General
Fund on portland cement street paving, to offset estimated lower maintenance
costs ,
Horningside current]-y
If these improvements are
Inasmuch as all of Morningside?s inc2ebtedness of $62,000 as of
December 31, 1964, is being paid off by special assessments
not inherit any financial obligation in this regard.
bonds will be paid off by about 1972.
had investments of $25,000 as of December 31, 1964.
after all bonds are paid off reverts to the General Fund,
Edina would
Morningside's present
Morningside's improvement funds
Any surplus remaining
Morningside's sanitary sewer and water fun& are self-supporting, with
the sewer fund having a balance of $14,096.03, of which $10,000 was invested,
as of December 31, 1964.
1964, $5,033.50 was spent to test and repair meters,to secure accuracy.
A considerable increase in revenue has resulted,
The water fund had a balance of $1,279.68. In
Morningside has contracts with Minnaapolis for sewsge dhposal and
for water, both of which it is assumed would be taken over by Edina, For
the time being, at least, it is believed that Horningsicle should continue
to be supplied with water by Minneapolis,
Currently Morningside collects garbage on a village-wide basis,
financing through special assessments, and contracting with one hauler.
This arrangement could be continued for the Morningside area, only as a
special assessment district.
same for all of Edina.
It might even be the basis for doing the
No known defects exist in the Morningside sewer or water lateral
mains which require reconstruction or modification.
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Assets which would be taken over by Edina in the event of annexation
.ude :
A general purpose dump truck in good condition, with a brand new snow
plow r
Several miscellaneous small pieces of maintenance equipment, including
an old street sweeper of Little value and a good small tractor with
a front loader.
A new building valued at $25,000 in Webber Park which serves as a
playground shelter, skating rink warming house, garage, community
room, and Council meeting room.
Some miscellaneous office equipment.
Any balance in the Morningside General Fund,
1964, the fund showed a balance of $4,795,98, with investments
of $15,000.
(As of December 31,
In conclusion, on the basis of the assmptions above, I feel. that
ingsi.de could be annexed to Edina without obligating Edina taxpayers
additional net expenses because of the annexation.
ysis and reaching the above conclusion, I have relied upon previous
rience in annexing unincorporated territory to two other municipalities,
my familiarity with the problems of Morningside and Edina.
est effort: to present an objective analysis.
In making the
I have made
Respectfully submitted,
Warren. C, Hyde
Village Manager
Although the proposed annexation has received considerable publicity
recently, no significant amount of interest in the matter has besn
evidenced by the Edina citizenry.
disfavor of the annexation in a “Letter to the EditorI1 characterized
Morningside as an area of present or future slumsr
true, which it is not, it would be much better for Edina to be able
to control such an area through its organized inspection services,
rather than allowing it to present the type of a problem arising
from slum areas to the Edina-Morningside school district.
One resident who indicated his
If this was
c
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12/20/65
MIWTES OF THE REGULAR MEETIHG OF THE
EDINA VILLAGE COUNCIL, HELD I4OLlDAY , DECEMJ3ER 20, 1965 ,
AT THE EDINA VILLAGE HALL
Answering Rollcall were I4adIillan , Rixe , Tupa , VanValkenburg and Bredesen ,
MIlUTES of Deceniber 6 , 1965, were approved as submitted by motion Tupa, seconded by
Rixe, and unanimously carried.
PUBLIC HEARINGS OM STREET NAME CHAN-GES. Clerk presented Affidavits of Mailing,
Posting and Publication in the Edina-Mobningside 1 Courier, which affidavits were
I approved as to form and ordered placed on file.
for four streets in Edina Valley Estates were necessary to replace the original
unsatisfactory names , and that the request to change "Downing Street" totiEden Circle"
had been submitted by Johan Otterlei of Edina Electric Company.
present to comment on the name changes.
and moved its adoption, with waiver of second reading:
illr, Hyde explained the name changes
No persons were
Rixe then offered the following ordinance
ORDINANCE NO. 164-34
AN ORDINANCE AbENDING VILLAGE OF EDINA ORDINANCE
110. 164 ENTITIED "AN ORDINANCE NAI-IING AND Rt'NAMIHG
CERTAIN ROADS, STREETS AND AVENUES OF THE VILLAGE
OF EDINA" I
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1, Ordinance No. 164 of the Village, as amended is hereby further
amended by adding after Section 54, the following:
the Register of Deeds of Hennepin County is hereby renamed 'Nordic Drive'.
the Register of Deeds of Hennepin County is hereby renamed 'Scandia Road'.
Register of Deeds of Hennepin County is hereby renamed 'Scandia Road'.
Register of Deeds of Hennepin County is hereby renamed 'Balder Lane".
as the same of record in the office of the
Register of Deeds of Hennepin County is hereby renamed 'Eden Circle'."
publication.
Notion for adoption of the ordinance was seconded
were five ayes and no nays and the ordinance was
"Section 55. 'Sunrise Road East' as the same of record in the office of
"Section 56. "Sunrise Road West' as &he -same of record in the office of
!'Section 57, 'Sunrise Court' as the same of record in the office of the
"Section 58,
"Section 59,
'Sunset Way' as the same of record in the office of the
' Downing Street
Secti-on. 2. This Ordinance shall be in effect from and after its passage and
acMi3lan and on rollcall there
LOTS 4_,_5 .&JD 6, BLOCK 1, JONES KNOLLS ADDITIOM ZONING CHANGE REQUEST REFERRED BACK
TO PLANNING COt~~4ISSION.
by the Clerk, approved as to form and ordered placed on file.
Affidavits of Publication, Posting and Mailing were presented
Mr. Hite explained that
birr Henry T, Peterson had requested rezoning of Lots 4, 5 and 6, Block 1, Jones Knolls
Addition, from Open Development District to R-2 Idultiple Residence District. Plr. Hite
stated that this property is located on the north side of Eden Prairie Road, immediately
to the east of Blake Road and that the block across the street had been zoned for
commercial use many years ago, at which time a gas station was built at its easterly
end. Subsequently, zoning has been changed on the remainder and a 20-unit apartment
has been built. A building permit has been issued at the pmsent time for a similar
building further to the west.
recommended approval of the zoning change request, subject to approval of building
plans. Mr, Hite further stated that there are deed restrictions on the properties
to the east in Valley Park Addition which limit zoning to singLe dwellings.
Mr. R, C, Peterson, 6024 Kaymar Drive, questioned the logic in allowing double
dwellings to be built on the lots in question when they would not be allowed in Valley
Park Addition in the same block.
would detract from his property.
representing Mrr Henry Peterson, stated that the buildings would be in the $55,000
to $60,000 price range with rentals at approximately $300 per month,
owner of the Parkwood Manor Apartments across the street, inquired about the size of
the buildings and was told that they will be about 2,700 square feet.
6025 Kaymar Drive, stated that fourteen families in the neighborhood had fought removal .
of the deed restrictions on the Valley Park property in District Court and did not feeL
that it should be necessary to go through this action again on property which was adjacent
to the Valley Park property.
who further protested any zoning change and who requested a postponement of the hearing
so that more residents could attend.
previously informed of any action by the District Court which held that the deed
restrictions on the Valley Park property could not be revoked and Llr. Poboisk offered
to obtain copies of the transcript of the decision of the Court.
Planning Commission, with one desenting vote, has
. I He expressed the opinion that double residences
Mr, Dick Sather of M, B. Hagen Realty Company,
l4r. Herbert Bischke,
Nr. D. Po Poboisk,
He presented a Letter from 1Ir. Jack Brown, 6100 Jeffery Lane,
Mr. Hyde stated that the Village.had not been
Mayor Bredesen stated
12/20/65 I that he felt that if the District Court had ordered that the restrictions remain, it 0
would be poor policy on the part of the Village to rezone property in the same block.
VanValkenburg then moved that this matter be continued and referred back to the
Planning Commission for study of the implications of the District Court ruling.
Motion was seconded by Tupa and unanimously carried.
DILAPIDATED PROPERTY REQUESTED TO BE REMOVED AT 5715 S, BLAKE, ROAD,
nwis E. .Jones, 5715 S, Blake Road, when the. dilapidated buildings on his property
Mr. Hyde asked
would be removed, -Mr, Jones stated that this property is being purchased from him on
contract and that he has no knowledge of the intentions of the buyer,
that if nothing was done with the buildings, the Village would be forced to take action,
Mr, Hyde stated
MORNINGSIDE ANNEXATION TO BE STUDIED FURTHER FOLLOWING PETIT1,ON- FROM THE fYlINNESOTA
MUNICIPAL COMMISSION, Mr, Hyde presented a letter from the Municipal Commission
of the State of Minnesota dated December 13, postmarked December 14 and received
December 15, 1965, which stated that that body had initiated a petition for the
annexation of the Village of Morningside to the Village of Edina, This action had
been taken pursuant to receipt .of a petition signed by Morningside residents and a
joint meeting of the Morningside and Edina Councils wherein the feeling was expressed
that such annexation should be explored, Mr, Hyde stated that in addition to the studies
already in the hands of the Council relative to assessment ratios in both communities,
he would be glad to develop any additional statistics which the Council requested,
including information as to per capita costs on general maintenance. Mayor Bredesen
stated that certain areas are difficult to evaluate in statistical form, such as the
level of services which are considered necessary, and that he did not believe that
Morningside had been as concerned as Edina about the condition of their streets,
Mr, Rixe stated that he feels that along with the information that is presented
by the IJIanager, it should be documented that the Morningside Annexation will not be
an additional burden on the Edina taxpayers, There being no further discussion, it
was informally decided that Mr. Hyde have any additional pertinant information on
the subject of the annexation in the hands of the Council prior to the January 3
meeting, at which time further discussion will be held. It was pointed out that
the decision of the Council must be in the hands of the Minnesota Municipal Commission
no later than January 15.
5512 S, BLAYJ: ROAD STORM SEWER PETITION RECEIVED, Mr. Hyde presented petition for
storm sewer to serve 5512 S, Blake Road, which petition was accepted by motion of
VanValkenburg, seconded by MacMiillan and ordered referred to the Engineering Department
for processing.
LOT 2,. BLOCK 14, NORMANDALE ADDITION, LOT DIVISION APPROVED.
Council that, following the continuation of this matter at the Council Meeting of
Mr. Fredlund informed
December 6, he. and Mr. Obermeyer had visited the site of the proposed lot division and
had determined that theke is no drainage from Lot 2 to Lot 1,; therefore, no drainage
easement is necessary. Mr, Fredlund added that drainage from Lot 1 must be to the
Crosstown Highway and that this would have to be provided for at the time a building
permit is issued for Lot 1,
for approval of the division of Lot 2, Block 14# Normandale Addition, was seconded by
VanValkenburg and carried unanimously,
There being no other comments or questions, Tupa's motion
MECCA OFFICE BUILDING AREA VARIANCE GRANTED,
notices on December 8, 1965, were presented by Clerk, which affidavits were approved
as to form and ordered placed on file, Mr. Fredlund stated that Mr, Antonio Bernardi
had requested Building Area Variance from 10,000 to 6,200 square feet for the Mecca
Office Building proposed to be Located on the east one-half of Lot 6 and the west
one-half of Lot 7, Block 8, Edina Interchange Center.
to lot size have been met, an expansion of the building has been proposed for the
near future, and no variance would be required if this building was in the Office
Building District, Planning Commission had recommended approval,
persons present to object to the variance, VanValkenburg's motion for approval was
seconded by Tupa and unanimously carried,
Affidavits of Posting and Mailing of
Inasmuch as requirements as
There being no
6121 ZENITH AVENUE SIDE YARD VARIANCE GRANTED,
Mr, John Gross, 6121 Zenith Ave, S., fop side yard variance from ten to five feet,
Mr. Fredlund presented request of
which woi'lld allow continuation of present building line,
to protest the variance and permission had been obtained from MI??, H, Doepke,
owner of the property.to the south, providing drainage is directed to the east rather
than to the south,
motion for approval was seconded by Tupa and carried.
No persons were present
, Subject to the above mentioned drainage conditions, VanVaLkenburg's
I
12/20/65
LOT 2, BLOCK 1, BROAD OAKS LOT FRONTAGE VARIANCE GRANTED.
=State of Ninnesota for lot frontage variance of 38 feet for Lot 2, Block 1, Broad
Mr. Hite presented request of
Oaks, which heaping is being continued from the meeting of December 6.
stated that this property would probably be a psoblem lot from the point of maintenance
unless it is developed, as it represents a piece of land outside the State's right-o€-
way and fence at the intersection of Crosstown Highway 62 and the southeast ramp for
the Crosstown and Highway 100.
and that the lot area was' approximately' 8;902)- square feet . brr. Michael E. Xiefer b
Special Assistani. Attorney General for the State of Ninnesota, explained that the
State had put this property out for closed bids and that the only bids received on
two different occasions were those of Mr. Russell Gerde, owner of the property to the
east, in the amount of $150.00. The State- feels that if the variance is granted Fd
the lot can be sold as a buildable lot, the property could again be put out for sealed
bids with the expectation that-more bids would be received at more realistic prices, .
tlr, Kiefer stated that the State had' paid $4,700 for the property, which included
$768 in special assessments for sewer and water which are available from Sherwood Ave.
l5r. Gerde, as well as I-Ir. H. J, DeVries, 6324 Sherwood Ave., stated thkt if the variance
is granted, the Village would be faced with difficult-snow removal and street maintenance
problems. Idr, 0. J, Thorpe, 6332 Ryan Ave,, stated that he did not believe that a house
of the same quality as existing dwellings wquld be built because of the fact that the
lot would be smaller. 14r. Hyde asked Mr. Gerde what his intentions were as to us_e of
the lot; to which Mr. Gerde replied that he anticipated requesting vacation *of 'Sherwdod
Avenue and dividing the property into two lots.
stated that the Village would have to maintain this dead-end street for the conveni7nce
of only one lot in the even% the variance is granted, just so the State can get three
times the amount of money in the future they can get at the present time.
Bredesen stated that he felt that there is an obligation to the taxpayem of the State
of Minnesota to help keep the operating costs of the Highway Department as low as
possible,
an individual and that, therefore, it is a logical request for the State. He then
moved that the variance be granted.
abstained from voting because his law firm had originally represented Mr. Gerde in the
matter liefore Mr, VanValkenburg was aware of the involvement with the Village.
other Councilmen voted in favor of the motion which carried.
MI?. Hite
He noted that the width at the building line Mas 80 feet
1
Mr, William Thompson, Mr. GeGde's attorney,
Mayor
Councilman Rixe stated that lie thought the variance request is logical for
VanValkenburg Motion was seconded by Macl4i.llan.
All
EDINA PET, CLJNIC SETBACK. VARIANCE APPROVED.
Bonnet of the Edina Pet Clinic for a front yard setback variance from the required 50
feet to 35 feet distance from the street property line for property immediately to the
west of the Texaco Oil Station located at 11. 70th St, and France Ave. The remainder
ofthe block is proposedto be developed for office purposes which would have a normal
35 foot setback.
east 92.7 feet of the south 150 feet, Block 2, South Office Park First Addition, as
recommended by Planning Commission was seconded by MacMillan and carried.
Nr, Hite presented request of Dr. Walter A, I
VanValkenburg's motion for approval of front yard setback on the
HELICOPTER--0RDiNANCE TO BE DRAFTED.
to land helicopters in White Oaks Meadow, he has investigated experiences and ordinances
Mr. Hyde reported that pursuant to the request
adopted by other municipalities.
restrict the landing area to ten acres or more.
landings in industrial areas and for public purposes in residential zones.
informally agreed that the matter should be placed in the hands of the attorney for
the drafting of an ordinance to clarify the position of the Village in this matter.
Many ordinances, when allowing landings at all,
Zoning often permits helicopter
It was
LIFT STATION CONTRACT- CONFIRMED.
contract was awarded at the last meeting to Dory Builders, Inc,, for revisions to the
Manager Hyde recalled to Council that a $39,700
C-1 and Tracy Avenue Lift Stations,
specifications were unavailable.
a $2,500 deduct change order will be executed for a Fairbanks-ldorse Generator.
net amount of the contract will be $37,200.
At-that time all of the manufacturing data and
Chicago pumps and Autocon controls will be used and
The
BRAEWAR ARENA ,REPORTED OPEN by Mr, Hyde who stated that public skating was very well
attendemconcessions are doing very well. .Hockey attendance has been slow but it
is anticipated that this will increase after school opens following Christmas vacation-.
SEWER CHARGES WITH €.IINNEAPOLIS TO BE NEGOTIATED.
by Mr. Dalen on charges paid by.the Village of Edina to l4inneapolis for interconnection
of sanitary sewers,. This report is to be presented to the City of Minneapolis with
the request that it be considered as the basis for a new contract,
ldr, Hyde presented a report prepmed
,
\
12/ 20/6 5 i ORDINANCE-NO 263A ADOPTED,
aing that this ordinance is necessary to conform to the change in the State
law and codification of planning laws.
by January 1 when the State law goes into affect, VanValkenbhrg offered the following
ordinance, with waiver of second reading and moved -its adoption:
Manager Hyde presented Ordinance NO* 263A for approval,
In order that the ordinance be adopted
I
ORDINANCE NO. 263A
AN ORDINANCE CONSTITUTING THE COUNCIL AS THE P~ATTING AUTHORITY
OF THE VILLAGE, PRESCRIBING THE PROCEDURE FOR THE APPROVAL
OF PLATS OF SUBDIVISIONS, REGULATING PLATS AND SUBDIVfSIONS
J
/
c
AND PROVIDING FOR RELIEF IN CASES OF HARDSHIP
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section I. Platting Authori'ty to Approve Plats, The Village Council shall
serve as the Platting Authority of the Village in accordance with Minnesota Laws of
1965,
of land in the Village shall be filed or accepted for filing by the Hennepin County
Register of Deeds unless it is accompanied by a certified copy of a resolution adopted
by the favorable vote of a majority of the members of the Village CounciL approving
such plat, replat or subdivision.
Council shall be filed with the Planning Department and shall be accompanied by payment
,of a plat filing f'ee which shall be charged by the Village for services to be rendered
by employees of the Village in processing the proposed plat.
shall. be $25, plus $1 for each lot in the plat, but not to exceed a maximum fee of
$100.
fee to 2hB #return of all or any part thereof.
Chapter 670, Section 8 (Minn, St,, Fie;, 462.358). No plat, replat or subdivision
Sec. 2, Filing Plats; Fee, All plats presented for the approval of the Village
The amount;of such fee
Rejection of the plat by the Council shall not entitle the person who paid the
Sex, 3. Plats to Comply with Law'and Zoning Ordinance.
(a)
(b)
' Every plat, replat or subdivision of land shall comply with all applicable
provisions'of state law and the Zoning.Ordinance (No. 261) of the Village.
Every pla,t of previously unsubdivided land, or replat of platted land which
requires the dedication of a new street or a change in an existing street, shall a3Ao
show thereon the grade of all streets and the mean grade of the front and rear Lines
of each lot.
Sec, 4, Dedication of Land for Parksb In every plat of previously unsubdivided
land to be developed for residential use, a reasonable portion of such land shdl be
set aside and dedicated to the public for public use as' parks and playgrounds, but in
lieu thereof the subdivider may at his option contribute to the Village an amount of
cash equal to the value of the land otherwise required to be dedicated for parks and
playgrounds. Any money so paid tb the Village shall be placed in a special fund and
used only for the acquisition of land for parks and playgrounds,
Planning Department shall examine each plat and report and make a recommendation
. Sec. 5, Report on Plat. The Planning Commissioh with the assistance of the
thereon in writing to the Council as to the following matters:
(a)
(b)
In the.case of th'e plats mentioned in Section 3 (b), report shall also be made
(c)
(d)
(e)
the accuracy of all measurements and grades shown thereon, and
the suitability of the plat from the standpoint of community planning,
as to the following matters:
and highways in surrounding areas,
or future extensions of the Village's water and storm and sanitary sewer systems,
park and playground use, and the recommendation.of the Park Board regarding such
dedication of land,
gravelling and permanently surfacing streets, installing street signs, and constructing
any storm sewers which may be necessary, and
constructing sanitary sewers and water mains adequate to serve all lots in the plat,
provided that connection of such sewers and water mains to the Village sewer and
water systems is feasible.
How'ever, the owner of the land included in the plat, or his agent, in lieu of having
professional engineer to prepare preliminary plans and estimates of cost of the
necessary improvements and submit a written, itemized report thereof to the Planning
Department, Advance notice of the employment of such engineer shall be given to the
Planning Department upon filing of the plat.
Sec, 6, Public Hearing, At its next regular neeting after receipt of the report
and recommendation of the Planning Commission on any plat, replat or subdivision here-
under, the Village Council shall set a date for hearing thereon, which shall be not
later than 60 days after the meeting.
of the hearing shall be published once in the official newspaper at least ten days
before the date of hearing.
persons, the Council as the Platting Authority shall make its decision at the same
meeting or at a specified future meeting thereof,
the adequacy of streets and con-Eormity thereof with existing and planned streets
the suitability of street grades in relation to grades of lots and existing
where dedication of land is required, the sufficiency of land dedicated for
the estimated cost (includiQg engineering and inspection expenses) of grading,
.I
'. (f)
(g) the estimated cost (including engineering and inspection expenses) of
'the foregoing costsrestimated by the Village, may employ at his expense, a registered
A notice of the date, time, place and purpose
After hearing the oral or written views of a11 interested
It may by resolution
(a) grant preliminary approval of plats mentioned in Section 3 (b), with or
.without madification,
12/20/65
(b)
(c)
(d) reject the plat.
Sec. 7. Plats Given Preliminary Approval. Nhen preliminary approval has been
grant final approval of other plats, with or without modification,
refer the plat to the appropriate Village officers or departments for further
investigation and report to the Council at a specified future meeting thereof, or
given to a plat, the person who filed such plat shall cause all street, wates? and
sewer improvements required by the resolution granting such approval to be completed,
at his own expense and under the supervision of the Village Engineer, or in lieu of
making such improvements, he shall sign a subdivision financing apeement and file a
bond to assure performance thereof.
filing the plat and the Village, shall obligate the person filing the plat to repay to
the Village all costs, thereof, through payment of special assessments or otherwise,
at least one-third in each of three years, the last payment to be made not later than
December 31 of the third year fromthe year in which special assessments for such"
improvements are levied; provided, however, that the Village shall not be obligated to
enter into such agreement if the developer does not file a bond as hereinafter
described or if the Village Council determines that the Village must borrow money to
pay its costs of construction under such agreement and such borrowirig will jeopardize
the Village's credit rating. Such.agreement shall also provide that if special assess-
ments have been levied for the making of such improvements against any lot in the plat -
located in the Single Family Dwelling District and remain uppaid upon the transfer of
title to such lot, they shall be paid or prepaid in full to the Village Treasurer and
the County Treasurer of Hennepin County.
The bond herein required shall be given by the developer with a corporation
approved by the Council as surety thereon, in the full amount of all costs of making
the improvements specified in the subdivision financing agreement not paid *in cash by
the developer before or at'the time of entering into sucn agreement, and shall be given
for the securing to the Village the payment of all such costs within the period specified
Such agreement, to be made between the person
I
c
in such agreement. .,
Sec. 8. Final Approval of Plat, When a plat has been given preliminary approval
by the Council and the required improvements have been completed, or subdivision
financing agreement executed and bond furnished as herein required, the Village Hanager
shall submit a supplementary repopt thereon with the plat to the Council fqr final
approval, which shall be given by resolution,
this ordinance granting final approval of any plat shall be filed with the Register of
Deeds of Hennepin County.
municipality contiguous to another municipality, the resolution shall also be filed Bith
the Clerk of such contiguous municipality.
Sec, 10. Street Ikintenance. Until a street in a plat has been completed in
accordance with the plans and specifications approved by the Village, and the Village
Engineer has certified as to such completion, the owner shall keep such street, if used
for public travel, in a safe condition for such use, at his own expense. The Village
shall not be chargeable with the cost of or the responsibility for the maintenance of
such street until the completion of such street has been so certified.
Sec. 9. Filinp Resolution. A certified copy of every resdlution adopted under
Whenever the plat so approved is of land within the
Sec. 11. This ordinance may be referred to as the Platting Ordinance o€ the
Village .
This ordinance shall be in full force and effect upon its adoption and
publication in accordance with law, including all portions of this ordinance referring
to Minnesota Laws of 1965, Chapter 670, notwithstanding that said chapter will not go
into effect until January 1, 1966.
filed with the Rggister of Deeds of Hennepin County.
Sec, 12. .
Xec. 13. Upon being made effective, a certified copy of this ordinance shallb
Motion for adoption of the ordinance was
five ayes and no nays and the ordinance
ATTEST :
h I ORDINANCE NO. 261-116 ADOPTED,
-ning that this ordinance revamps planning procedures to.conform to -
changes in State law which go into affect on January 1, 1966,
for first reading with waiver of second reading:
Manager Hyde presented Ordinance No.. 26l-Ll6 for Council
.- In order that the
ordinance be in affect by January 1, VanValkenburg o2fered the following ordinance . %-
..
285 12/20/65
ORDINANCE NO, 261-116
AN ORDINANCE AMENDING THE ZONING OkDINANCE, ABOLISHING
THE COt4IIIUNITY STORE DISTRICT AND THE REGIONAL SHOPPING
CREATING THE. BOARD OF APPEALS AND ADJUSTMENTS, PRESCRLBING
FROM THE PROVISZONS OF THE ZONING,ORDINANCE, AND FOR CONSIDERLNG
DISTRICT, REPEALING CERTAIN PROVISIONS FOR WAIVERS AND VARIANCES
THE PROCEDURE FOR MAKING &IEl?DMENTS TO AND GRANTING VARIANCES
ADMINISTRATIVE APPEALS, AND PROVIDING FOR THE TERIdINATION
OF ZONING CHANGES-AND VARIANCES IF NOT UTILIZED
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1, The following sections of the Zoning Ordinance (Hoe 261) of the
Village, as amended, are hereby repealed:
Section 6 (Community Store District)
Section 8 (Regional ShoppingZDistrict )
Section 13
Section 7
Section 9
Section 10
Section 11 (Commercial District) is renumbered Section 9 ;
Section 12 (Planned Industrial District) is renumbered Section 10;
Section 14 (Definitions) is renumbered Section 11; and
(Special Permits for Particular Uses)
(Light Industrial District) is renumbered Section 6;
(Regional Medical District) is renumbered Section 7;
(Office Building District) is renumbered Section 8;
. Sec. 2, Certain sections of said ordinances are hereby renumbered as follows:
. Section 15 (Administration) is renumbered Section 12.
Sec, 3,
l'Sec. 2, Districts Established.
"For the purpose of this ordinance, the Village shall be divided into the following
Section 2 of said ordinance is hereby further amended to read as folLows:
districts, 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:
Single Family Dwelling District (Section 3)
Multiple Residence District (Section 4)
Automobile Parking District (Section 5)
Light Industrial District (Section 6)
Regional Medical District (Section 7)
Office Building District (Section 8)
Commercial District (Section 9)
Planned Industrial District (Section LO)
The boundaries of said districts shall be as further provided herein,
be'erected or premises used for any purpose unless in compliance with the use, height,
building or premises are located," *
of said ordinance, as amended, which section has herein been renumbered Section 8, is
hereby amended to read as follows:
40 feet above the average surrounding ground level, whichever is the lesser,"
which section has herein been renumbered Section 10, is hereby amended to read as
follows :
No building shall
. area and other regulations and restrictions prescribed for the district in which such
Sec, 4. Subparagraph (c) of paragraph 3 of Section 10 (O'ffice Building District)
"(c) Building Height.
Sec, 5.
Building height shall be limited to three storlies or
Paragraph 4 of Section 12 (Planned Industrial District) of said ordinance
"4. Minimum Area Reguirements, Every application for inclusion of land in the
Planned Industrial District shall be for a minimum of 80 acpes. all in single ownership
or under unified control, regardless of the total area of the proposed Planned Industrial
District, unless the land set forth in the application is contiguous to land in the
Planned Industrial District or such land contains not less than 10 acres and is to be
used as the site for a building or group of buildings to be occupied by a single
tenant , If
Sec. 6.
(renumbered Section 10) of said ordinance is hereby amended to read as follows:
"(1)
'feet above the average surrounding ground level
Sec. 7, Paragraph 5 of Section 15 (Administration) of said ordinance, which
section has.herein been renumbered Section 12, is hereby amended to read as follows:
115. Every building on a lot which abuts on
two or more streets or alleys shall front on such street as was provided by the
,original plat, and in the absence of evidence to the contrary, it shall be presumed
that a building shall frontfon that street on which the lot on which it stands has the
least number of front feet,"
said ordinance are hereby repealed and rescinded,
ordinance is hereby enacted reading as follows:
plat 'recorded, no more than one dwelling may be erected or altered on any lot, and the
lot on which the dwelling is'to be erected or altered must conform to the requirements
for platting or subdividing hereinafter set forth, unless a variance fpom such
requirements has been granted under the procedure set forth in paragraph 7 hereinafter
Subsubparagraph (1) of subparagraph (c) of paragraph 6 of said Section 12
BuiZding Height, Building height shall be limited to three storids or 40
whichever is lesser ,I1
Frontage of Buildings on Streets,
Sec. 8,. Paragraphs 6, 6a and 7 'of said Section 15 (renumbered Section J.2) of
Sec. 9. A new paragraph 6 of'said Section 15 (renumbered Section 12) of said
"Sec, 6. One Dwelling Per Lot, \?hen land has been platted or subdivided and the
set forth, I'
12/20/65
SecI LO. A new paragraph 7 of said Section 15 (renumbered Section 12) of said
ordinance is herebv enacted reading as fdllows:
(a) Power Given to Council. The Council may on its Qkm motion, or on request of
the Planning Commission, or on petition or a-peal of the affected property owners:
situated into another district, by amendment to this ordinance,
platting of land in any district, or as to the restribtions upon buildings or structures
therein, by amendment to this ordinance, or
Adjustments b
(b)
a separate Board of Appeals and Adjustments of the Village, which shall consist; of one
member of the Village Council, one member of the Planning Comdssion, and one other
citizen of the Village, The member from the Planning Commission shall be deemed to be
the representative of the planning agency for purposes of Minnesota Laws o€ 1965,
Chapter 670, Section 4, Subdi2ision 2 (Ninn. Stat., Sec. 462.354, Subd, 2). They shall
be appointed by the Bayor, with the consent of a majority of the members of the Village
Council, in January of each year, to serve for one year beginning on the 1st day of
February in the same year. Every member shall before entering upon the discharge of
his duties take an oath that he will faithfully discharge the duties of his .off.ice.
Vacancies shall be filled as they occur in the same. manner as regular appqintments.
All members shall serve without compensation, but shall be entitled to reimbursement
for expenses incurred in performing their duties. The members shall elect one of theil;,
number as chairman, and shall appoint a secretary, who may but need not be a member of
the board.
The Board shall have
the power and duty of hearing and dehiding, subject to appeal to the ViLlage Council as
herein provided, appeals or requests in the following cases:
Appeals where it is alleged that there is an error in any order,
requirement, decision or determination made by an administrative officer in the
enforcement of this ordinance.
in instances where their strict enforcement would cause undue hardship because of
circumstances unique to the individual property under consideration.
In granting a variance, the Board, and the Council on appeal, may impose conditions to
insure compliance and to protect adjacent properties.
Petition- by Own&; Fees; Appeals.
a petition for transfer of land to another district, for an amendment of the regulations
applicable in any district, or for a variance with the Planning Department, and shall
pay a fee according to the following schedule:
(1)
(2)
transfer land, or a portion thereof, from the district in which it is
change any of the regulations of this ordinance as to the use or
(3)
Organization of Board of Appeals and Adjustments.
hear and decide appeals from any decision ofthe Bomd of Appeals and
There is hereby established
Staff services shall be furnished by the Planning Department of the Village.
(c3 Powers. and Duties of Board of Appeals and Adjustments.
(1)
.L (2) Requests for variances from the literal provisions of this ordinance I
(d) The owner or owners of land may. file
Type of
Request Area Involved Fee
Vmiaiice: ,:> any area $LOX- Change of Regulations 1111 1111 no charge
Transfer of Land to
An0 ther District under 20,000 sq. ft. $25 . 00
under 50,000 sqb ft. $50 .OO
over 20,000 sq, ft. but
each 50,000 sq. ft. or
portion thereof over
50,000 Sq. ft. $25.00 .
The fee shall be paid at the time of filing the petition and shall not be refundable.
is made, contain a legal description thereof, state the mailing address of the ownerb
and clearly describe the building or structure to be built or altered if the petition
is granted, or if the petition is for a change in any regulations of this ordinance,
shall state the change and the reasons therefor. The Planning Department may require
the petitioner to submit a certificate by a registered professional land surveyor
verifying the front, rear and side-yard setbacks of all buildings and structures
situated on or adjacent to the property described in the petition.
decision, or determination made by an administrative officer in the enforcement of
this ordinance which affects his property may appeal to the Board by €iling a written
appeal with the Village Clerk or the secretary ofthe Board.
state the order appealed from &id the facts of the matter, and also the mailing-
address of the ownerr
The petition shall give the street address of the land as to which phe petition
Any owner who deems himself aggrieved by an alleged error in any order, requirement,
The appeal shalL filly
12/20/’65
J J
(e ) Recommendat ions on Amendments by Planning Commission , Within 60 days after
an amendment to this ordinance by the transfer of land to another district, or by
changing the regulations applicable in any district, has been proposed by filing of a
petition therefor by an owner of land to be affected, or by referral of such amendment
to the Planning Commission by the Village Council, the Planning Commission shall consider
such amendment and file with the Village Clerk its mitten report and recommendation
thereon, in which the reasons for its recommendations shall be stated;
a request for variance or an appeal from an administrative order or determination, the
Board of Appeals’and Adjustments shall set a date for hearing thereon, and shall hear
such persons as wish to be heard, either in person or by agent or attorney, Notice of
any such hearing shall be mailed not less than LO days before the date of hearing to
the person or persons who filed the appeal or request, and, in the case of a request for
a variance, to each owner of property situated wholly or partly uithlin 200 feet of the
property to which the variance relates, insofar as the names and addresses of such owners
can be determined by the Clerk from records available to the public,
reasonable time after the hearing, the Board shall make its order deciding the matter
and serve a copy of such order upon the appelant or the-.petitiQner by mail,
appellant or petitioner may within 45 days file with the Village Clerk an appeal to
the Council from the decision of the Board.
meeting after receipt of the Planning Department’s report and’recommendation, or after
filing of an appeal to it from a decision of the Board of Appeals and Adjustments
set a date for hearing thereon, which shall be not later than 60 days after the meeting,
A notice of the date, time, place and purpose of the hearing an any amendment to this
ordinance shall be published in the official newspaper of the Village at least ten
days before the.date of hearing,
transferFin*g land from one district to another shall‘be mailed not less than LO days
before the date of hearing to each owner of affected property and property situated
wholly or partly within 200 feet of the property to which the amendment relates, insofar
as the names and address of such owners can be detepmined by the Cjlerk fpom records
available to the public, After hearing the oral or written views of all interested
persons, the Council shall make its decision at the same meeting or at a specified
future meeting thereof.
Adjustments shall provide for a record of its proceedings, which shall include the
minutes of its meetings, its findings, and the action taken on each matter heard by it,
including its final order,
of the regulations applicable in any district shall be made by ordinance amendatory
hereof, adopted and published as required by law and the by-laws of the Village Council,
The Village Clerk shall maintain a permanent record of the disposition of all appeals
to it from decisions of the Board of Appeals and Adjustments,”
said ordinance are hereby renumbered 9, LO and 11, and a new paragraph 8 is hereby
enacted reading as follows:
after the granting in whole or in part of a petition for the transfer of land from one
district to another, or a variance, the’owner or occupant shall not have substantially
completed the erection or alteration of a building or structure as described in such
petition, then the transfer or variance shall become null and void unless a petition
for extension of time in which to complete the proposed construction or alterations
has been granted as provided herein,
more than 20 days before the expiration of one year from the date the original petition
was approved, shall state facts showing a good-faith attempt to use the transfer or
variance, and shall state the additional time requested to complete construction or
alteration,
Board of Appeals and Adjustments for hearing and decision in the same manner as the
original request for variance, If the petition relates to a l?ransfer of land, it shall
be heard and decided by the Council, upon the report’and recommendation of the Planning
Commission, in the same manner as the original petition for transfer of land,
attempt to use the transfer or variance, the Board or Council may consider such
factors as the design, size, expense and type of the proposed construction or
alteration.
It shall be within the power of the Board or Council, at the time of granting
the original request for transfer br variance, to grant also a two-year period for
the substantial construction of the building or structure utilizing the same, but such
two-year period may thereafter be extended,
publication in accordance with law, including all po;rtions of this ordinance referring
to Minnesota Laws of 1965, Chapter 670, notwithstanding that Baid chapter will not
go into effect until January 1, 1966.
(f) Decision by Board of Appeals and Adjustments, ’ Within 60 days after filing of
Within a
The
(6) Hea-ring and Decision by the Council. The Council shall at its next regular
A similar notice of hearing on any amendment
- (h) Form.of Action Taken and Record Thereof, The Board 03 Appeals and
The transfer of land to another district or the changing
Sec, 11. Parapaphs 8, 9 and LO of said Section 15 (renumbered Section 12) of
"Set. 8, sse of Transfer or Variance by Non-User, Whenever within one year
Such petition to extend time shall be in writing and filed with the Village Clerk
Such petition, if it relates to a variance, shall be presented to the
In determining under this paragraph whether the petitioner has made a good faith
Sec. 12. This ordinance shall be in full. force and effect upon its adoption and
12/20/65
Motion for adoption of the ordinance was
aye and the ordinance was adopted,
and on Rollcall all voted
ORDINANCE NO. 264 ADOPTED. Ilr. Hyde presented Ordinance No, 264 for adoption which
provides for the appointmentiand defines powers and duties of the Planning Commission
to conform to the State law, which goes into affect on January 1, 1966,
then offered Ordinance No, 264 for first reading with waiver of second reading as
follows :
VanValkenburg
+--ORDINANCE NO, 264
AN ORDINANCE .PROVIDING. FOR. THE APPOINTNENT OF
I.IENBERS OF THE PLANNING COI3MISSION AND DEFINING
THE COl*R~ISSION'S POWERS AND DUTIES
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Character of Planning Commission. The Planning Commission of the
Village heretofore created shall continue as a planning agency within the meaning of
Minnesota Laws of 1965, Chapter 670,
be advisory to the Village Council,
. Sec. 2, Elembership. The Commission shall consist of seven members and one
alternate member, all of whom shall be residents of the Village.
appointed by the Mayor with the consent of a majority of the members of the Village
Council. 14embers of the Commission shall be appointed to serve for a term of three
years, and the terms of the members shall be staggered so that as nearly equal a number
of terms as possible shall expire in each year. Members shall be appoint'ed in January
or' each year to serve for three years beginning on the 1st day of February in the same
year, except that the alternate member shall be appointed for a term of one year only.
Every member sliall before entering upon the discharge of his duties take an oath that
he will faithfully discharge the duties of his office.
Sec. 3. Vacancies, Any of the following shall cause the office of a member
or alternate member to become vacated:
(a) death,
(b)
(c)
(d) resignation in writing, or
(e)
Sec. 4. Compensation. All members shall serve without compensation, but shall
Sec. 5. Organization, The Commission shall elect a chairman and a deputy
In such capacity, the Planning Commission shall
They shall be
'
disability or failure to serve, as shown by failure to attend 5our regularly
scheduled meetings in any year, .
removal of legal residence from the Village,
failure to uphold the oath of office, I Vacancies shall be filled as soon as may be for the unexpired portion of the term.
have the right to be reimbursed for expenses incurred in performing their duties.
chairman from among its members for a term of one year, and shall appoint'a secretary,
who may but need not be a member of the Commission,
least one regular meeting every month.
February of each year, the Commission shall arrange the dates of its regular monthly
meetings through January of the following year.
and participate in all meetings of the Commission, but shall be entitled to vote only
The Commission shall hold at
At the first meeting of the Commission in
The alternate member shall attend
if his vote-is needed to make-a quorum,
Sec. 6. Powers and Duties. In its capacity as the
shall
(a) review and make recommendations to the Council
municipal plan, inkludingthe land use plan, a community
tation plan and recommendations for plan execution,
Planning Agency the Commission
as to the comprehensive
facilities. plan, a transpor-
(b) consider and make recommendations to the-Council as to all proposed plats of
previously unsubdivided land and replats of platted land, in accordance with the
platting regulations set forth in the Platting Ordinance (No. 263A), and
to the Zoning Ordinance (No. 261),
Planning Department of the Village .
passage and publication,
Motion for adoption of the ordinance was second
five ayes and no nays and the ordinance was ad
ATTEST :
(c)
Sec. 7. Staff. Staff services shall be furnished to the Commission by the
Sec. 8,
consider and make recommendations to the Council as to a13 proposed amendments
This ordinance shall be in full force and effect immediateLy upon its
and on rollcall there were
%L-Lc4+u !d L
Village Clerk
12/20/65 5
ORDINANCE NO, 51-B-3 ADOPTED. Mr, Hyde presented Ordinance No. 51-B-3 for Council
approval, which ordinance provides that the Building Inspecto'r will have the
authority to refuse permits if the lots,are not properly platted or divided.
Mr, Fredlund stated that this is provided in the zoning ordinances at the present
time but that the attorney felt that it would be more appropriate in the building
ordinance.
waiver of second readLng as follows:
VanValkenburg then offered Ordinance No, 51-B-3 for first reading with
ORDINANCE NO. 5lB-3
AN ORDINAHCE AMENDING THE BUILDING CODE OF
THE VILLAGE, PROHIBITING ISSUANCE OF
-,-BUILDING PERMIT IN PARTICULAR INSTANCES
THE VILLAGE QOUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Ordinance No, 51B (Buildin; Code) of the Village is hereby further
amended by renumbering Section 7 thereof as Section 8, and by adding to said ordinance
a new Section 7 reading as follows:
"Set. 7.
structure on any lot or parcel, if
(a)
Minnesota Laws of 1965, Chapter 670, Section 8, Subdivision 4 (Minn. Statsb ,
Sec. 462.358, Subdl 41,'
(b)
the Zoning Ordinance (Nob 2611, as amended, for the use to which the building or
structure is to be put, or
(c)
applicable requirements of said Zoning Ordinance to be violated, including any
provisions as to frontage, height, front, side or rear yards, lot coverage,
construction or appearance of buildings or structures, parking or leading spaces,
driveways, buffer areas, screening, lighting or any other appl&Dable requirement,"
Sec. 2.
and publicat ion .
No permit shall be issued €or the cons'kruction of a building or other
a conveyance of such lot or parcel cannot be recorded or filed under
the lot or parcel does not comply with the minimum requirements of
the construction of the building OP structure would cause any
This OFdinance shall be in full force and effect upon its adoption
Motion for adoption of the ordinance was
there were five ayes and no nays and the
ATTEST :
by MacMllillan and on Rollcall
_jL d. & .L+
Village Clerk
ORDINANCE NO, 261-124 GRANTED FIRST READING, Hr. Hite presented Ordinance No, 261-124
which permits warehousing as a principal use in the Planned Industrial District.
Mr. Hite stated that the ordinance is so worded that it prohibits truck terminal
type uses in the district, but that it does permit a public warehouse.
commented that this ordinance would not restrict warehousing to any specific area,
to which IiIr* Hite replied that this type of deveiopment would be allowed only within
the Planned Industrial District and that from a practicalsstandpoint the old Nelson
farm is theonly suitable location since it is the only Industrial Park with trackage.
Mr , Hite further commented that the ordinance requires adequate screening of loading
doclcs and requires a high-type development*
ordinance amendment, VanValkenburg then offered Ordinance No, 261-124 for first
peading as follows :
Rixe
Rixe expressed disapproval of this
ORDINANCE NO 6 261-124
AN ORDINANCE AMENDING THE
ZONING ORDINANCE OF THE VILLAGE
OF EDIHA BY ESTABLISHING AN ADDITIONAL PRINCIPAL
USE WITHIN THE PLANNED INDUSTRIAL DISTRICT
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINI\IESOTA, ORDAINS:
Section 1. The Zoning Ordinance (No. 261) of the-Village, as amended, is
hereby further amended by addin.g to subparagraph (a) of paragraph 3 of Section LO
(Planned Industrial District the following paragraph:
It( 4) Warehousing of non-perishable products not .manufactured on the premises
of the principal use, provided such products are consigned to the owner
of the principal use or a lessee thereof, and further provided that
said owner of the principal use, or lessee thereof does not establish
said principal use in the capacity of a carrier for the purpose of a
freight terminal operation, or in the process of operation have or
conduct sales of merchandise to the general public from said
principal use .ll
Section 2,
Section 3.
Subparagraph (3) of subparagraph (b) of same paragraph 3 of
This ordinance shall be in full force and effect forthwith upon
Section 10 of said ordinance is hereby deleted,
its passage and publication,
12/20/65
ORDJNAEjCE $0, 261-121- PRESENTED FOR FIRST READING,
No. 26c121 would provide control over single family districts which at the present
Mr,. Hite stated thqt Ordinance
time is almost totally unrestricted as far-as parking and regulations of that
nature are concerned,
churches and that double garages would be required €or every residential home.
Hr. Hite stated that he thought that, perhaps, it would be sufficient to r.equire
a single garage and off-street parking space for one car, Manager Hyde commented
that many communities require the apron to the driveway to be surfaced, either by
asphalt or concrete and suggested that Edina set up a similar requirement,
considerable discussion, VanValkenburg offered Ordinance No, 261-121 for first reading
as follows:
This would provide that adequate parking be provided fop .
Following
ORDINANCE NO. 261-121
AN ORDINVCE RE-DESIGNATING THE OPEN
DEVELOPhENT DISTRICT AS THE SINGLE FAMILY DWELLING
DISTRICT, AND PRESCRIBING NEW REGULATIONS FOR SAID
DISTRICT.; AMENDING THE ZONING ORDINANCE (NO, 261) OF . .
THE VILLAGE
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
Section 1. Wherever used in the Zoning Ordinance (No, 261) of the Village,
as amended, the words “Open Development District” are hereby amended to read “SingLe
Family Dwelling District ,
Paragraphs 2 through 15 of Section 3 of said ordinance, as amended,
are hereby repealed and rescinded, and the following paragraphs 2 through 5 are hereby
enacted as part of Section 3 to replace said repealed paragoaphs:
Sec, 2,
“2. Specific Uses Permitted in Single Family Dwelling District (R-1) :
(a) Principal Uses,
(1)
(2)
(3)
Single family detached dwellings containing not more than one
Elementary, junior high and senior high schools having a regular
Publicly owned and operated civic and cultural institutions
public safety
dwelling unit.
course of study accredited by the State Department of Education.
including, but not limited to, administrative offices, libraries
buildings, historical developments and places of assembly,
(4) Recreational facilities as follows:
(a) Athletic fields, parks and playgrounds owned and operated
by a public agency, private school, church or home association group for a local
subdivision or neighborhood.
ranges or miniature golf courses,
driving ranges located thereon .
(b)
(c)
Private golf clubs, tennis clubs, but not including driving
Publicly owned tennis clubs and golf clubs, including
(5) Religious institutions as follows:
(6)
( a) Churches, chapels temples and synagogues ,
Publicly or privately owned utility facilities such as wells,
water storage water treatment plants, sewage lift stations, electric substations
tanks and reservoirs, but not including maintenance yards or facilities, - (b) Accessory Uses,
(1) Private garagesb
(2)
residential use,
(3)
of domestic supplies ,
(4)
clubs and tennis clubs,
(5)
use and convenience of members and guests.
(6)
and convenience of the resident.
(7)
parsonages and parish houses,
(8)
(9)
(LO)
Greenhouses, garden houses and summer homes related to private
Tool houses, sheds and other similar buildings for the storage
Clubhouses and other related shl?ac?ures on the grounds of golf
Golf driving ranges on bhe grounds of private golf clubs for
Privately owned swimming pools and tennis courts for the use
Convents, seminaries, monasteries and nunneries; rectories,
Living quarters of persons employed on the premises,
Customary home occupations including rental of rooms for
occupancy to not more than two persons per dwelling unit.
the supervision of, and on the premises of, the principal uses defined im subsubpara-
graphs (2) and (5) of subparagraph (a) of paragraph 2 of this section,
Private schools, nurseries and day care centers that we under
(11)
(12) Parked or stored motor vehicles, boats and trailers (including
Signs as prescribed in the Village Sign Ordinance.
unoccupied travel or camping trailers).Licensed and rejgistered to the occupant of
the principal use, but not including any truck, tractor or trailer, OP other commerciaL
type vehicle in excess of 7,000 pounds gross weight.
trailer permitted to be parked or stored hereunder must be parked or stored in the
back yard, except that one motor vehicle may be parked or stored on a private driveway
in the front or side yard.
Any. motor vehicle, boat OP
12/20/65 291.
"3, Requirements on Lot Area, Lot Dimension and Lot Coverage,
(a) Required Lot Area. - Use, Minimum L,o$ Area
Single family residence with public 9,000 square feet
sanitary sewer
Single family residence without
public sanitary sewer
Golf course (Par 3)
Tennis club
Religious institutions
Elementary schools
Junios and Senior, high schools
(b) Required Lot Dimensions,
Use Min, Lot Width
Single family residence
connected to public
Single family residence
not connected to public
sanitary sewer 150 '
All other 300'
-
sanitary sewer 75'
L8,OOO square feet
20 acres
3 acres
3 acres
5 acres plus J, acre for
each 150 pupils of
ultimate enrollment
10 acres plus L acre for
each 150 pupils of uLti-
mat e enrollment
120 '
120 ' ---
(c) Lot Coverage. Not more than twenty-five per cent (25%) of the lot,
parcel or tract of land shall be covered by structures in an R41 zoner
O4, Requirements on Setbacks, Yards and Height,
(a) Setbacks and Yards
Front Street Side Street Interior Rear
Use
Single family - Yard - Setback Setback Side
residence 30 15 LO 25
Schools, elementary,
junior high and
senior high 50 50 LOO 100
Civic, cultural and
religious institutions
(including their acces-
sory use structures) 50 50 50 50
Structures accessory
to recreational facil-
ities, including paved
and :fenced areas 50 50 50 50
Structures accessory
to single family
residence 30 15 5 5
Government offices,
fire stations 50 50 50 50
Public and private
utilities 50 50 10 0 100
The above listed setback and yard requirements are subrjlect to the
following additional requirements;
the side of a street between intersections is occupied by structures having sethacks
from street right-of-ways of greater or lesser amounts than hereinafter required,
the average setback of a11 existing buildings between the intersections shaLl. be
maintained by all new or relocated structures, In the event a 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 case 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 forward most
portion of the first adjacent buiLding on each side,
The required setback from a side street
property line for a single family residence or its accessory uses shall be increased
from 15 feet to that required for front street setbacks when there is an adjoining
interior lot facing on the same street,
side street, said garage must maintain at Least a 20 foot setback from the street
right-of-way line,
(1) Front Street Setbackb When more than 25% of the frontage on
(2) Side Street Setback,
In such cases where a garage fronts upon a
12/20/65
(3) Interior Side Yard, Single family residence lots havingea width
at the building line of less than 60 feet may have an inteeior side yard of not less
than five feet* The interior side yard €or single family residences whose average
height above the ground level alongside the residence is in excess of 15 feet shall
have.an additional side yard dimension beyond that required heretofore of not less
than 0,5 feet for each foot the average height exceeds 15 feet,
(b) Building Heights.
Single family residences and accessory buildings -- 2-112 story or
All other buildings -- 3 stories,
30 feet maximum
"Sb Requirements for Parking, Off-street parking facilities of the type and
'. I number hereinafter specified shall be required on the site occupied by the permitted
use. No parking area shall occupy any required setback nor shall it be Located
closer than five feet to a side or rear lot line, All parking areas contiining
more than six spaces which adjoin either a public street or residentially zoned
property shall have a solid wall or fence of not less than 3 nor more than 4-1/2
feet in height along such adjoining line,
Council may be substituted for the required wall or fence.
areas of such size and capacity as to require screening shall be surfaced with a
hard, all-weather, durable, dust-free surfacing material and shaL1 be properly
drained and landscaped, and shall be maintained in a sightly and well-kept condition,
No parking area shall occupy any required setback, nor shall it be, located clos&
than five feet to a side or rear lot line, nor closer than ten feet to any building,
Each parking space shall have a minimum width of 8-L/2 feet and a minimurll depth
of 19 feet exclusive of aisles and maneuvering space,
A screen planting approved by the Village
All exposed parking
Number of Parking Spaces Required:
I Use Number, o-fmd, Spaces
Single family residence
Elementary, junior and senior high schools
Religious institutions, club houses
2 (enclosed space)
1 for every 3 seats in
largest place of assembly
1 for every 3 seats in
largest place of assembly"
This ordinance shall be in full force and effect immediately upon Sec. 3,
its passage and publication,
ORDINANCE,NO, 261-122 CONTINUED TO JANUARY 17, Iilr, Hyde presented a redraft of
Ordinance No. 261-122 in which the list of permitted uses had been reduced following
the discussion of the Council kfeeting of December 6,
Dayton Development, expressed the opinion that the list of pemnitted uses had beeri
too drastically cut and requested that. Council reconsider the list. Mayor Bredesen
stated that he did not consider T4rr Crear's reference to uses in Minneapolis medical
buildings to be pertinent to the situation in Edina and informed Iir, Crear that the
original intent of the Medical District Ordinance did not include uses which wouLd
change the image from a medical to a shopping center.
Mr. Crear make notes on each of the uses that were deleted which would give his
point of view as to why he felt they should be included in the proposed ordinance,
I4r. Crear agreed and will send copies of this list to each Councilman to be reviewed
before the January 17 meeting.
I Mr, I.Jilliam Crear, representing
I-fayor Bredesen suggested that
ORDl3&CE NO. 146A APPROVED AT SECOND READING.
which regulates conduct in public parks, stating that a new draft had been drawn in
which Section 5, Paragraph (e) had been amended by the addition of the words "whzch
shall be withheld only when necessary to prevent conflict with regular park activities,"
There being no further discussion, VanValkenburg offeed Ordinance Nor 146A for second
reading, as follows:
Mr. Hyde presented Ordinance No, 146A
ORDINANCE NO, 146A
AN ORDINANCE REGULATING CONDUCT IN PUBLIC PARKS:
PROHIBITING CERTAIN ACTIVITIES AND DESTRUCTION OF
OR INTERFERENCE, WITH PARK PROPERTY AND PRESCRIBING. A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
shall
building
(a)
Section 1.
cut, break, scratch, mark, or in any way injure or deface or remove any
Destruction, Defacement or Theft of Park Property. No person
, fence, post, pump, lamp, flagpole, construction work, improvement, facility
or any other feature or property in any public park; or
upon any structure, tree, stone, fence, thing or enclosure in any public park,
unless by authorization in writing by the Village; or
injure or deface any tree, shrub or plant in any public park; or
plant, or any newly plucked branch or portion thereof, or any soil or other material
belonging in or pertaining to such park; or
a prohibitory sign is posted.
(b) post, paste, fasten, paint or affix any placard, bill, notice or sign
(c)
(d)
pick or cut any wild or cultivated flower, or cut, break, or in any way
carry within or out of any public park any wild flower, tree, shrub,
(e) go on foot or otherwise upon the grass or tur€ of any public park where
12/20/65 { 293
Sec. 2, Wagton Conduct; littering, No person shall throw or cast any stone
or other object, or aim or discharge any air gun, sling shot or other weapon in a
public park except pursuant to the rules of a permitted game OF recreation,
person shall throw, deposit, place or leave in any public park or waters therein
any paper, rubbish, waste, cans, bottles, grass blades, or refuse of any kindS
whether or not the same is offensive to the senses or injurious to health, except in
receptaales provided for the collection of waste,
No
Sec. 3. Fires, No person shall
start or maintain any fire in any public park, except small fires made by
picnic parties in locations designated for the purpose by the Village; or
leave any fire made or used by him unextinguished when he leaves the
public park; or
start any charcoal fire or other fire in a portable container or burner
and then leave a public park without having completely extinguished the fire and
deposited the ashes or coals from such fire, after they have cooled sufficiently,
in receptacles provided for waste; or
of the Village; provided, however, that a manufactured heater bupning liquid fuel
may be used if a written permit for such use is given by the Director of Parks,
golf course or tennis court or in any public park unless wearing trousers, shorts,
bathing trunks or a skirt, and also clothing adequately covering the upper portion
of the body; provided that in areas designated for swimming, girls under five (5)
years of age and males may wear only swimming or bathing trunks.
(a)
(b)
(c)
(d) start or maintain any fire on the ice on any lakes under the jurisdiction
Sec, 4. Proper Clothing Required. No person shall appear on any municipal
Sec, 5. Prohibited Activities, No person shall
distribute or display within any public park any circulars, cards or (a)
announcements, printed or not, for events other than those sponsored by or with the
participation or endorsement of the Village; or
articles which interfere with the free use and enjoyment ofthe park by the public;
or
in any public park without the written permission of the Director of Parks; or
park without the written permission of the Director of Parks; or
assembly or meeting in any public park without the written permission of the Director
of Parks which shall be withheld only when necessary to prevent conflict with
regular park activities ; or
refreshments or other articles may be sold by the Village or by persons authorized
to do so by the Village; or
use any threatening,' profane, abusive, disorderly, insulting or indecent
language, or perform any act tending to a breach of the peace, or play at games of
chance, or do any indecent, lascivious, lewd or improper act in any public park.
(b) place or keep in any public park any goods, wares merchandise or other
(c)
(d)
(e)
participate in or conduct any band procession, parade or military formation
promote or participate in an entertainment or exhibition in any public
give any public speech or hold or participate in any rally, convention,
(f) sell or offer for sale any article in any public park; provided, that
(g)
Sec. 6. Parking and Driving Vehicles, No person shall
be or =main in, or park or leave any vehicle in any public park between
the hours of 12 midnight and 6 a.m,, except when the vehicle is moving upon
established park roadways; or
for parking or travel,
(a)
(b) drive or park a vehicle on any turf area of any public park not designated
Sec. 7, Animals in Parks, No person shall
take or allow any dog or other animal in or upon any public park, park
waters, bird or animal refuge, park building, or skating rink where forbidden by
posted signs; or
any public park or public waters.
under its direction or with its permission,
any public park except in Braemar Park, on established roadways and unimproved land
therein, but not within the golf course area,
Sec. 8, Hunting or Interferring with Animals, NQ person shall
rob, injure or destroy any bird nest, aim or discharge any air gun, sling-
(a)
(b)
The prohibition in this section shall not apply to animals kept by the Village or
take or allow any cattle, mules, swine, sheep, goats or fowl in or upon
'
Horses may not be taken or allowed in
(a)
shot or other weapon or throw any stone or other missile at any bird or bird nest
or wild creature in any public park, or capture or kill any bird or creature therein;
Set,; Qay,+repare, or have in possession any trap, snare, artificial light,
net, bird line, ferret, hawk OF any contrivance whatever for the purpose of catching,
taking or killing any bird or wild creature in any public. park,
Sec. 9, Fishing Regulations. No person shall fish in any lake, pond or
stream under the jurisdiction of the Village unless fishing therein is permitted by
the Village, nor shall any person erect permanent or portable shelters on any such
lake or pond unless authorized by written permit issued by the Director of Parks,
(b)
2 9-4 12/20/65
Sec; LO. Skating Regulations, No person shall engage in any of the
skating in a group of more. than
following acts on public skating rinks, unless'-pursuant to a program of organized
winter sports conducted by the Village, vis. :
three pers'ons, racing, playing of games which interfere with the general public
use of the rink, sledding or tobogganing, using hockey sticks or pucks in areas not
marked for hockey play, or lounging orloafing on the ice or in waiting rooms.
Sec. 11. Boating Regulations. No person shall place, have or use any
motor boat or any other mechanically propelled boat on any lake, pond, or stream
in the Village, unless such boat is being used in an emergency or for maintenance
of the lake, pond or stream,
or stream in the Village shall wear or-have within reach a life preserver, vest or
similar bouyant device capable of keeping such person afloat ,
Bathing Restricted.
of or adjoining any public park except at the places and during the hours shown by
signs placed at the spot by order of the Director of Parks.
Every person aboard a water craft on'any lake , pond,
I SQc. 12. No person shall bathe in or enter the waters
Sec, 13, Aeroplanes Prohibited. No person shall use any park, lake OP
any public place, under the control of the Village of Edina, or any part of either,
for a starting or landing field &or aeroplanes or air vehicies of ini kind,
Sec. 14* General Restrictions on Athletics; Fee, No person shall play or
participate in basebal-l , diamond ball, basketball football , golf, tennis , archery
or any other game or sport in any public park except in or upon apps;opriate areas
established by the Village for such game or sport,
or enter upon any tennis court, golf links, archery range or other athletic grounds
without paying an admission or entry fee when one is required,
No person shall play upon, use
-- -
Sec , 15 , Miscellaneous Rules and Re&ations, Additional ruLes and regu-
lations may be made from time to time by the'village by order of the Director of
Parks governing .the use and enjoyment of public parks,- playgrounds , lakes ,' ponds ,
streams and public park and recreation facilities, which shall be prominently posted
or publicly announced in the places where they are intended to apply, Any person'
who violates a rule or regulation so posted may be excluded from the use of the park,
playground, lake, pond, stream or park or recreation facility, and may in addition
be prosecuted as for a misdemeanor,
provision of this ordinance, or with any posted or publicly announced rule or
regulation of the Village for the use of or conduct in public parks or recreation -
facilities under the jurisdiction of the Village, shall be guilty of a misdemeanor,
and subject to a fine of not to exceed $100, or imprisonment for a period of not to
exceed 30 days, with costs of prosecution to be added in either case.
upon its passage and publication.
Sec. 16, Penalty, Any person who viblates or fails to comply with any
Sec, 17. This ordinance shall be in full force and effect immediately
ATTEST :
ORDIgANCE NO. 12-5 ADOPTED,
further determination of paid holidays, stating that he had checked with surrounding
municipalities and had found that the request of Mr. Larkin l4cClellan made at the
last Council Meeting was reasonable. VanValkenburg then offered first reading of
Ordinance. No, 12-5, waiving second reading, as follows :
Mr. Hyde presented Ordinance No. L2-5 which specifies
.
ORDINANCE NO, 12-5
AN ORDINANCE AIGNDING ORDINANCE NO. 12
FURTHER SPECIFYING DETERNINATION OF PAID HOLIDAYS
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:
is hereby further amended by deleting the last sentence and adding the following:
Se-ction leg Section 22 of Ordinance No. 12 of tlie VilLage Ordinances, as amended,
When New Year's Day (January 11, Hemorial Day (1-lay 301, Independence Day
(July 4) and Christmas Day (December 25) fall on a Saturday or Sunday, the
preceeding Friday or following Monday, respectively, shall be considered the
paid holiday. It
Section 2. I ..
This Ordinance shall be in effect upon its passage and publication..
12/20/65 3
ORDINANCE 1\10. 58. ADOPTED AT SECOND READIHG, Mr. Hyde presented Ordinance No. 58
for second reading,
VanValkenburg as follows :
There being no discussion, second reading was offered by
ORDINANCE NO, 58
AN ORDINANCE REGULATING THE INSTALLATION, CONSTRuCTIOH,
ALTERATION AND MAINTENANCE OF PUBLIC STEAM
BATHS y HEAT BATHING ROOMS BATHROOMS AND RESTROOMS j - AND PRESCRIBING A PENALTY
THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MLNNESOTA, ORDAINS:
Section 1, Definitions, (a) The word "Health Authority" shall mean the
(b)
Village Health Officer, or the Public Health Sanitarian, or a deputy of either officer.
The word "steam bath" or "heat bathing room11 shall mean a room used by
the public for the purpose of bathing, reducing or relaxation,autiEizing steam or hot
air as a cleani'nn, reducing or relaxing agent, -_ - --
Section 2 b Construction Requirements . (a) All public steam baths heat
bathing rooms, restroom and bathrooms shall be constructea of materials which are
impervious to moisture, bacteria, mold or fungus growth, The floor to wall and wall
to wall joints shall be constructed to provide a sanitary cove with a minimum radius
of one inch,
2 cfm per square foot of floor area, a minimum of 15 foot candles of illumination, a
hand washing sink equipped with hot and cold running water under pressure and a sanitary
towel dispenser.
or heat bathing room, restroom or bathroom, shall be equipped with a floor drain
installed in conformance with the Village Plumbing Code.
(b) All public restrooms shall be provided with mechanical ventilation with
Section 3, Plumbing, Gas and Electrical Installations. (a) Each steam bath
(b)
(c)
All gas equipment shall conform with Village ordinances. '
All electrical installations shall conform with Village ordinances.
'
Section 4. Maintenance of Facilities. (a) Floors, walls ceilings , water
closets, hand washing sinks and urinals shaLL be in good repair. and maintained in a
clean sanitary condition at all times.
be provided at all times,
(b)
(c)
Section 5,
Sanitary hand cleaning agents, sanitary towels and toilet tissue shall
Adequate refuse receptacles shall be provided and emptied as required.
construct, extensively remodel or convert buildings or facilities for use as a public
steam bath, heat bathing room, bathroom or restroom shall conform and comply in their
construction, erection or alteration with the requirements of this Ordinance.
and specifications for such construction, remodeling or alteration which show layout,
arrangement and plumbing and construction materials of the bathing or restroom areas,
and locations, size and type of equipment and facilities shalI be filed by the owner
in the office of the Health Authority.
building permit for any such construction, remodeling or alteration until such
permit shall have the approval of the Health Authority endorsed thereon.
Submission of Plans and Specifications. All persons who hereafter
Plans
The Building Official shall not issue a
Section 6. Penalty. Any person violating this ordinance shall be guiLty
of a misdemeanor, and subject to a fine of not exceeding $LOO or imprisonment in the
Village or County jail for a period of not exceeding gO-days, with costs of prosecution
in either case to be added.
and publication
Section 7, This Ordinance shall be effective immediately upon its passage
Motion' for adoption of the ordinance was secon
five ayes and no n
ATTEST :
y Tupa and on rollcall there were
dinance wa&
vty
Village Clerk
SA-LARY SCHEDULE RESOLUTION ADOPTED FOR ADDITIONAL PERSONNEL,
Traemar zena personnel were omitted when the Salary Resolution was adopted at the
klr , Hyde explained that
meeting of December 6 and asked that this omission be corrected,
permission to name one of the three liquor store managers as an assistant to birr Snyder
in order to have someone in charge when Mr, Snyder is not available.
carry an additional $25,00 monthly which w0uJ.d bring the salary to.$650 per month.
Tupa then offered the following resolution and moved its adoption;
He further requested
The position would
1 12/20 /65
RESOLUTION ESTABLISHING SCHEDULE OF MAXIt.IUM
SALARIES AND WAGE RATES FOR 1966
BE IT RESOLVED that the maximum salaries and wages for additional Village
. FOR ADDITIONAL PERSONNEL
employees for the year 1966 be established as follows:
PER MONTH .
a '$625 _... .BRAENAR ARENA
Arena Manager
Refrigeration Islaintenance 500
Staff Assistant 500
Rink Guards 1.50 per-hour
Concession Attendants 1.50 per hour
Ticket Takers
LIQUOR STORZS
Liquor. Department Manager 950 -
Assistant Liquor Department Manager 650
Liquor Store knager 625
# - Starting rates may be 10% less for the first three months
of service and 10% less for the second three months. .
Notion for adoption of the resolution was se
there were five ayes and no nays and the res
ATTEST :
VanValkenburg anu pn Rollcall
d dL# B,
Village Clerk
PERA OFFICIALLY NOTIFIED OF NANAGER'S ACTION GRANTING LEAVE OF ABSENCE TO JOSEPH
BLUMBE-RG., Hr. Hyde announced the death of Mrr Joseph Blumberg, Plumbing Inspector.
He stated that prior to his death, Mr. Blumberg had used up his sick time and
vacation accruals and was on leave of absence,
PERA of this action, but their rules say that such action must be approved by the
Council.
Mr. Hyde stated $hat he had notified
.
VanValkenburg then offered the following resolution and moved its adoption:
A RESOLUTION
CONFIRIU.NG AUTHORITY OF VILLAGE MANAGER
TO CARRY OUT PERSONNEL ORDINANCES OF
THE VILLAGE
WHEEAS, Village Ordinance No. 12-2, adopted February 14, 1955, specifically
designates the Village Manager as the appointing authority in accord with statutes;
. VHEEAS, Paragraphs A and C, Section 21, Village Ordinance No. 12, explain
the bases and limits of employee leave without pay and require the approval of
the appointing authority, or Village Hanager;
are clearly set forth in said Ordinances, that further clarification or delegation
is unnecessary, that the Village Manager is clearly authorized to administer the
provisions of Ordinance No. 12, and that his actions, with specific reference to
leaves of absence granted the late Joseph J. Blumberg in July and November, 1965,
are hereby ratified and confirmed.
Motion for adoption of the resolution was seconded by Tupa and on rollcall. there were
ATTEST :
and,
NOW, THEREFORE, BE IT RESOLVED, that the intentions of the Village Council
n five ayes and no nays and the resolution was
COST SHARING AGREEMENT, FOR STOR4 SEWER NO, 97 CONFIRMED, Mr. Hyde informed Council
of a request of the State of Minnesota Highway Department for? a resolution confirming -
the cost sharing agreement between the Village and the State for Storm Sewer 1Jo. 97,
whereby the State would pay an estimated cost of $20,848.50 and the Village would
pay an estimated $5,492.85.
following resblution and moved its adoption:
Tne Village share is to be assessed. Tupa offered the
I RESOLUTION
AUTHORIZING AGREEMENT WITH THE STATE OF MINNESOTA
FOR STOEU.1 SEWER ON TrH. #lo0 I .
IIHEREAS, the Village of Edina has negotiated the essential terms of agreement
and desires to enter into an agreement with the State of Minnesota, Department of
Highways for the following purposes, to-wit :
To provide for payment of an estimated $20,848.50 by
the State to the Village of Edina of part of the cost of
constructing a Storm Sewer to correct the unsatisfactory
conditions in the Northwest Quadrant of the !!.!.H. LOO and
CSAH. 62, Interchange, therefore
BE IT RESOLVED that the State Highway Department is hereby requested to submit
the agreement for final approval at its earliest conveniencer
12/20/65
I.
f I
Motion for adoption of the resolution was seconded by MacMilhan and on rollcall
ATTEST :
Village Clerk
TREASURER'S REPORT as of November 30, 1965, was presented by Mr; Dalen, reviewed and
ordered placed on file by motion Tupa, seconded by VanValkenburg and carried.
CLAIMS PASD.
Claims as per Pre-List as follows:
$185,750.59; Parks, Park Construction, Swim Pool, Golf Course and Arena, $57,156.49;
Hater Fund, $4,493.66 ; Liquor Fund, $52, ,908,48; Sewer Rental Fund, $868.87; Improvement
Funds, $46,385 80 ; Temporary Improvement and State Aid Bonds , $1,450 00 ; Total,
$434,713 62,
Motion by Tupa was seconded by MacMillan and carried for payment of
General Fund, $86,699.73; Constmction Fund, .
COUNCILMk$ RIXE,THANKED FOR SERVICES ON THE COUNCIL.
is Mr, Rixe's last Council Meeting, offered the following resolution and moved its
adopt ion :
VanValkenburg, stating that this
RESOLUTION
WHEREAS, LAWRENCE W. RIXE, who has served as Trustee of the Village of Edina
from January 1, 1963, until December 31, 1965, has voluntarily retired from that
office; and
of his time and efforts, unselfishly and impartially in all deliberations,
WHEREAS, PI??. Rixe, as a member of the Edina Village Council, has given generously
NOW, THEREFORE, BE IT RESOLVED, that this Village Council, in behalf of its
' members, the officials and employees of the Village of Edina and the citizens of
this community do express to LAWRENCE W, RUE, sincere and profound appreciation for
his faithful service, and extend their personal thanks to him for his devotion and
unselfish efforts in behalf of the Village of Edina.
Minutes of this meeting and that a copy be presented to him.
' BE IT FURTHER RESOLVED that a copy of this resolution be spread on the official
14otion for adoption of the
Mayor .
, voted aye and the resolution was adopted.
ATTEST :
Yillage Clerk
There being EO further business to come before this meeting, Tupa's motion for
adjournment was seconded by MacMillan and carried, ! Adjournment at 9:30 P.Mb
I