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HomeMy WebLinkAbout19651220_regularI December 31, 1965 t 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 ..... ..... I . '. 2. ... I ..'......, J.: - . - _._ , - 2- t 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 -7- 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 . -. .... .. . -_ - . I.'. . .... .. :. . ..- . .:.-. ..... ...... ... .... ._ . . -. ... ..' .. ,_ , . . .- ........ .l ._ . .... ._ .. ..- . . .. t. ...... .I -... - ............. .. - - .--.-.:::. L'____ _____ -- i 'e:.: --J- - :. : .... .... .. J.. . ......... .. .. -<' .-. r.- --. .. 1- -. ~ <- I .. ' -.. ,: .. - , .,. .. <.. '. . -. ...... ..... ... , ~. , ... ., .... , . ... .. - ..:: . -L. .-* ---- - ---- .-. I- .......... :.. LI .. . ... ..- .- . ...... - .. ... - ...... ' . : ...... ..... .._ - .-.:.*.. -..-... ...i ..... .._. e. -- e.. ,. - .. --. ...... .... 1. .. 'L .:: .: i; ... ....... i_.. . ..,- ........ .-.... :-.- (. ...... . ;i -.....- .2' .. n. . >' . .. .. ~ :..,'> - . , . '..I.._ - . -.a_. .... .. .... .I . .:.-*2 .. ........... -*> .:; c .. :-. . -4- 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 , .. , .' .. ...... , .... .. ... ,.-.' ._. .- .. - ... .. ,_ -I *..* i . . *. .. _..._. ....... -. ...... L_.______._ -- .. ..._ --.- . . , ._ . . .. - - ... .>L c ....... ,. .. ..... 2. .. .I ... ......... .L ..-_. -_..- -. . ...- i _- . -~ ... .. I .... - . ... --. .. ...... c;, . .I: . ..... .i _. -. , . .- _. . :. i ,*;c ..c. .. ..... ;1; ... . I I. I .... , .. - i- .' . ' - ...... .: .-.- 'et'- - ~ - _._. _-.-. .... . --.-..- ..... - ... - .- . . .,. .. - . .-..'( ... ... .... - .--. . : .L::rL-.'. : -. I __ . .__ -...-... --.- . a 4. .' .. ..... ." - ,:,2 .'..I.: .......... -- .... :.; .... .. ..I.. ;.. .- i.: . 'I . ..... ...I. ....... :.a- ... ...... : . .__, . .. ... -.. ....... ...... "T .... $ .I .a<' i -:.:.,> .- . . '-.L -._ L . 1. - .. i :: .*:I .... .* ..-..,_......... ......... +'.A . : r . r' 7; ,: i<.'.j, ,: !!2. ....... ...e I... . -. .. I .,: ..... -; .. :- .. ...-.. 2 .'...I.. ..... .: .. - .... - .-.. . .- ._. i .:. . * ,, . .- - ,.,!..'-.:;I. t' :. A?.... :.: ... :: : ....... -. ... ..;.. . t::: ... ?Ad ..... .: ........ -. .. - -5- 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, .. .. * .'J . . . ,* 2:: r?'. -: .... ...... - - .. .... . . ...... ... .. ... . ....... ...... ..... .. ... ... . t; 7 ' .: 8 ... ... . (. i,.: I. ... ... ...... ... ..... . ... i- ir..:.. L .L - 5.: ., :' - -. I. ._.. ..... .................. ... ...... --. .L : : '"'. .,.:: ......... ... .. .... ._ ... . -_ . .... ...... .., . . ". _. . . ... ; -:. !... ..: .. '?- 1 . :. ,..:., ,:..; -: ::.. .... ;i.... .. . ....... ...... . ..... .- .. .. .: ..A. : .! .:....;:: .. ..- -.!, .L.'. :;.: .. ... ..., .I .I .I - .,.. , .. .:..,-. :. ..I.. $> I,: _, , ' ' . *' ...... ....... f. . *.-e Lt .. ,, I. .- . . .. *> . .- t - .I' . 1- .. .. -. . .'_..'.._ . .5 .... .. ,. > I. L .. -. .... ..* - .. .. .... -. . ...... .i.. ..... - .. ..-_ *;- . .... -. ..... .. *.. ...... a! . e .. 5r.. .. .: .. I-9:. ,..: . >e$,: '. .. .. . ......... - ; .. .. .-J. f.?.:... .i -. . :.. *... .. ,. .. -. . y ...I -. - c - -. - .__ .. .- . I\ ... .::.: .. .: .. .. ............ ,;.:-I -.:. ,I; .-. 1' '. : . 1.' , f,.,' .. ". ...... -. . ......... .. ... . . . .. : : .:a- ...... L- .L..: . -.. -. -. ,..: .. __ . .. ... ... . ........ .. ... .... . -&:. L. .?.... :.r: - ,'" - ;., : ._. - .- -_ . -. .. .~ .. ; . . ,.I. .' .... :_ :-, 1:.. !'f .: :: . .: .. :. . .......... .. " .*; I . =' :. . ... t. - ' !:, .': 2.: 1;. 3. _:. . ..* .. ",.T'-..L.ii .. .. ., .... -. ., :...I:.:. . . -. ... .. ..... .. '.,' . ... .. : :!r 2.. 'Y 2.:: .:.- .. ... .- .. .... .. -... L. ' *I ... . .- -. . .. * -. .......... I. ....... ... ..- .. i :: . 1. .... ._ .- . s. ... .. .. -. -- . ,:- -. I ... ' J; b -6- . 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 $1,279.68. In Morningside has contracts with Minnaapolis for sewsge dhposal and for water, both of which it is assumed would be taken over by Edina, For the time being, at least, it is believed that Horningsicle should continue to be supplied with water by Minneapolis, Currently Morningside collects garbage on a village-wide basis, financing through special assessments, and contracting with one hauler. This arrangement could be continued for the Morningside area, only as a special assessment district. same for all of Edina. It might even be the basis for doing the No known defects exist in the Morningside sewer or water lateral mains which require reconstruction or modification. . -. . .... .......... ...... .. -. .. ......... ....... , -. ;: ... . .8 .:.. :- -. ~ ." ..... .. t- - ~ ,:-. .- . ~ , :I :.:. : Q.:. - . L.. 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J--::. . 8.. .. ..... .. ...... ... .. -'. , . ._ .I ...... ._. ,..-: .. .: . ...- ....... ..%L . : . .. ... ........ 3',L,>..!', . : .. ._.._.* J.. ;: ..*.. r... ._ . _.. -.:* . . - ., . ... ._ .. .- . ... .I. .. . . 5' ..: _- .:.:.. . 9: . i. .. ::~* -,'-.. ..;:.. .!: :...I. :. i. !*,:,;i:.*: ; . .:A. ..... *.*. . ....... - . ,**. ... r. . .-..; .... . ,.. 1 ... .'.>.. _. .. . . ... .. r:-. .. ..... ..... ~-- - - - .... ;; .. ri ... >fl. . *":.:.:-:!:.:! ..:: . .#. d . . -- 1.. -... .i.. ,.$ ::,.. - ...I__ .. .. .... -. -... .- . .... .___ .i .._- ...... .. ......... .I . .. , . i. : ' . .. -. .. .. - .i . ... .. ... .-- ..< ._I -._. ". . . c. .. P - 7- 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 .. , .* . . I I". , '>: : _.. ..... ... ... C' * 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