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HomeMy WebLinkAbout19670119_regular1/19/67 IdINUTES OF THE REGULAR HEETING OF THE EDINA VILLAGE COUNCIL POSTPONED FROM JANUARY 16 UNTIL JANUARY 19. 1967 Because of inclement weather, the Regular Meeting of the Edina Village Council was postponed on action of Mayor Bredesen from January 16 to January 19. calls were made to as many interested parties as possible. Telephone Members answering rollcall on January 19 were Trustees Courtney , Johnson, RacMillan , VanValkenburg who served as Mayor Pro Tem in th;? absence of Mayor Bredesen. MINUTES of the Regular E4eeting of January 9, 1967, were approved by motion of Trustee Johnson, seconded by Trustee MacMillan and carried. I R. E. DRAEGER ZONING CHANGE FOR 4400 BROOKSIDE AVENUE GRANTED F~RST ~E~D~MG. Affidavits of Publication and of Mailing were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, Mr. Hite presented request of R. E. Draeger for rezoning of Parce1'2400, Lot 12, Brookside Terrace, from R-1 Residential District to R-2 Multiple Residential District . Mr. Hite advised that the site at 4400 Brookside Avenue is now occupied by a single-family dwelling which was constructed a great many years ago, apartment building, property to the south is occupied by a double bungalow; Ninneapolis, Northfield E Southern Railroad tracks run immediately east of Brookside Avenve and properties to the west on Rutledge Avenue are developed single-family residences. Board of Appeals is considering a lot area variance, approval of which has bcen recommended by the Planning Commission, along with the removal of the existing building. offered First Reading of Ordinance No. 261-143 as follows: The land to the north is occupied by an No persons were present to offer objections, whereupon Trustee Johnson ORDINANCE NO. 261-143 * AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT I ~ __ -~ THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section 4 l... (Multiple Reside'nce District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is hereby amended by adding the following sub-paragraph: ~ - - - -_ I District R-2 : "'(421 Lot 12 , Brookside Terrace Additiontt Section 2. This Ordinance shall be in full force and ef$ect from and after .. its passage and publication according to iaw. SHELL OIL COMPANY REQUEST FOR ZONING CHANGE FOR WEST 77TH STWET AND T.H. 100 CONTINUED. Affidavits of Publication and of Mailing were presented by Clerk, approved as to form and ord6rdd placed on file. Elr. Hite presented request of shell Oil Company for rezoning of property on the northeast corner of Vest 77th Street and T.H. 100 from Office Building District to Commercial District C-4. Properties immediately to the north and east are zoned Office Building District, to the north is Single Family District (Lake Edina Addition), to the south is the Pentagon Park area which is zoned Office Building and Planned Industrial District. Bredesen entered the meeting. Mr. Hite advised Council that the Planning Commission had recommended that the rezoning request be denied and read a portion of the Planning Commission Minutes of December 7 in which Planning Commission had recommended denial for the following reasons : At this point, Mayor 1. 2. 3. r.4. 5. The petitioned use, if established, would violate the Village's land use plans and policies which, with respect to the specific circumstances now present, seem to be as valid as they ever were. The petitioned use would adversely effect the use and enjoyment of surrounding properties and lands . The petitioned use would effect the safe and efficient movement of traffic on extremely important nearby public highway facilities. The petitioner is asking for a land use privilege not enjoyed by any other retail business of its character under current Village land use and zoning policies. The petitioned use, if legally established, would constitute "spot zoning," i.e., completely dissimilar to adjacent zoning and contrary to the policies of the comprehensive land use plan. B Mr. C. R. Zieske, 7h65 Vest Shore Drive; and Mrs. James 0. Batzii, 4900 Poppy Lane, both protested the rezoning because they consider an establishment of this type will decrease the value of their property. Company, charged that the Planning Commission Minutes as read did not constitute a true picture of the proceedings of that meeting and stated that the property in question is in a commercial and industrial area, and that it is the most suitable location for a gas station in the Village and that it would not have any effect on neighboring residential property values. dation for denial was based primarily on the fact that an interchange is proposed which would go over the property in question. Mr. lJilliam Rosen, attorney for Shell Oil He stated that Planning Commission recommen- He further stated that upon advice of 1/19 /6 7 3 Village Attorney Whitlock that denial on the grounds of future highway construction would not be valid;,the Village staff had chosen to ignore that reason for denial of the rezoning and had shifted to other reasons. Mr. Rosen also stated that a gas station would have no more adverse effect on traffic than a bank with drive-in facilities. Mayor Bredesen advised Mr. Rosen that he would concur that the gas station would have little effect on residential property values, and that a facility of this type might not generate any more traffic than other permitted uses, but emphasized that safe access could not be provided with only 150' frontage. He added that the Village has consistently turned down applications for filling stations on T.H. 100 because of the traffic safety factor. Trustee Johnson stated that a few months ago Council had been deeply concerned about the traffic dangers in this area and stated that he thinks that a service station would add considerably to the confusion and would be an additional traffic hazard in this area. He stated further that he does not think that a bank and a service station would cause the same traffic hazards, as contested by Mr. Rosen. Trustee VanValkenburg stated that he would like to see a survey which would show present as well as projected traffic patterns for a service station in this area and moved that the hearing be continue to February 6. voting \ . Motion was seconded by Trustee MacMillan and carried, Trustee Johnson 33 Tdj V u NORTHERN STATES POWER RADIO TOWER APPROVED. Mr. Hite advised Council that notices of hearing on a request of Northern States Power Company to install a 100 foot radio tower adjacent to their existing District Office Building at 5309 West 70th Street. Proposed tower would be about fifteen feet taller than the nearby high voltage transmission towers, is 2-1/2' wide and is self-supporting. Northern States Power Company advised that this tower will serve the area almost to Prior Lake and that this is the only method by which this service can be accomplished. whereupon Trustee VanValkenburg's motion for approval of the radio tower as proposed was seconded by Trustee Johnson and carried. Mr. Donald Madson of No persons were present to protest the proposed installation, AWARD OF BIDS FOR STREET IMPROVEMENT BA-94 CONTINUED TO FEBRUARY 6. favorable bids had been received for Street Improvement No. BA-94, Mr. Hite requested that award of bids be continued until meeting of February 6 in order to attempt to reach a cost-sharing agreement with Hopkins. award of bids was seconded by Trustee Courtney and carried. Stating that Trustee MacMillan's motion to continue BRIDGE AT VALLEY VIEW ROAD AND M.N. & S. RAILROAD COST SHARING AGREEMENT APPROVED. Mr. Hite presented cost sharing agreement for the bridge at Valley View Road and the M.N. & S. Railroad tracks which will be divided equally between the Village, Hennepin County and the Railroad, Village share to be paid from gas tax revenue. Trustee MacMillan then offered the following resolution and moved its adoption: I RESOLUTION APPROVING COST SHARING AGREEMENT FOR COUNTY PROJECT NO. 6629 BE IT RESOLVED by the Village Council of the Village of Edina that the cost sharing agreement between Hennepin County, the Minneapolis, Northifield and Southern Railway Company and the Village of Edina for County Project No. 6629 be and is hereby approved . .* Motion for adoption of the resolution was rollcall there were five ayes and no nays by Trustee Courtney-and on adopted. ATTEST : -ihd i Village Clerk 4 OILING PETITION for West 58th Street between Tingdale Avenue and Code Avenue was accepted and placed on file by motion of Trustee VanValkenburg, seconded by Trustee MacMillan and carried. PROPOSED IMPROVEMENTS FOR 1967 were presented by Mr. Hite along with schedule of hearing and bid dates which will take place between February 20 and June 16, 1967. APPRECIATION EXPRESSED TO 50TH AND HALIFAX AVENUE MERCHANTS FOR GIFT. Mr. Hite advised Council that a check in the amount of $200.00 had been presented to the Edina Police Department, whereupon Trustee VanValkenburg offered the following resolution and moved its adoption: I. . R-E s o L u T I o N "I WHEREAS, a gift of $200 was presented to the Edina Police Department bye Clancy Drug Company, Edina Pure Oil Service, First Edina National Bank and Lunds, Inc., and Department of the Village of Edina, WHEREAS this money will be used toward the educational program of the Police 1/19/67 NOW, THEREFORE, BE IT RESOLVED that the Village Council of the Village of Edina I express its sincere thanks and appreciation to Clancy Drug Company, Edina Pure Oil Service, First Edina National *Bank .and Lunds , Inc. , for this generous gift. Motion for adoption of the resolution was s rollcall there were five ayes and no nays Trustee MacMillan qd on ATTEST : Mayor .. . Village Clerk B SUBURBAN HEkPIN COUNTY RELIEF BOARD AGREEMENT APPROVED FOR 1967. presented agreement with Suburban Hgnnepin-County Relief Board for the year 1967, whereupon Trustee VanValkenburg offered the following resolution and moved its adoption : Mr. Hite RESOLUTION BE IT RESOLVED, That the Contract heretofore submitted, signed aid executed by the Suburban Hennepin County Relief Board of the County of Hennepin for and duringthe year 1967 for the administration and supervision of poor relief in the Village of Edina be, and the same is hereby accepted, approved, renewed and extended for and during the year 1967 with the same force and effect as though said original Contract, above described, were redated and resigned and executed as of the date hereof . Motion for adoption of the resolution was rollcall there were five ayes and no nays y Trustee Johnson and on -- ATTEST : chL 6. YiX- Village Clerk 0 ORDINANCE NO. 104 ADOPTED. Mr. Hite prisented Ordinance No. 104 control of fire extinguishers, whereupon Trustee Johnson offered follows : ORDINANCE NO. ioC AN ORDINANCE REGULATING THE REFILLING OF FIRE EXTINGUISHERS , REQUIRING A LICENSE , AND IMPOSING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: which provides second reading L. for .... Section 1. License Required. .No person shall engage in the business of refilling, charging or recharging chemical fire extinguishers, nor shall any person individually or as a member of any firm, or employee of any corporation refill, charge or recharge chemical fire extinguishers without being licensed under this ordinance. Ordinance No. 20 of the Village, including the penalty provisions thereof, shall apply to all licenses Yequired by this ordinance and to the holders of such licenses. upon or attach to the form of application the following information: (a) association or corporation, the name and address of such partnership, association or corporation ; (b) If the applicant is a partnership, the names and business addresses of all partners; if the applicant is an association or corporation, the names and business and home addresses of *e majority of the owners thereof; Sec. 2. License Procedure and Control; Penalties. The provisions of Sec. 3. Application for License. The applicant for a license shall disclose His name and business and home address, or, if the applicant is a partnership, (c) If the applicant is a partnership, association or corporation, the names of all partners, agents, officers or employees of such partnership, association or corporation, iin-whose-behaI5~a~p3.~cation' &:made; .and- : -:' - . - -- * - - - - ?' A statement as to each person in whose bahalf application is made of his qualifications for refilling fire extinguishers . Before acting thereon, the Village Maqager shall submit the application to the Bureau of Fire Prevention in the Fire Department, which shall make such investigation of the qualifications of the persons for whom application is made as may be deemed to be necessary, and shall then report on such investigation to the Village Manager. be $10.00 per annum for each person in whose behalf a license is sought. I (d) Sec. 4. Report and Investigation by Fire Department. Sec. 5. License Fee. The fee for the license required by this ordinance shall 1/19/67 See. 6. Stamping of Fire Extinguishers when Recharged. The licenses issued hereunder shall be numbered and immediately after the refilling, charging or recharging of any chemical fire extinguisher, the person who did so shall stamp upon a card attached to such fire extinguisher his name and license number, and if such person is an employee or member of a partnership, association or corporation, the name of such partnership, association or corporation shall also be stamped on the card. shall have the right to enter any premises during reasonable hours to inspect fire extinguishers. which is not in efficient operating order or is dangerous, he shall impediately impound such fire extinguisher and deliver it'to the Fire Prevention Bureau and shall notify in writing the owner of the premises' from which,the extinguisher was removed and the person who last refilled'or recharged The extinguisher of the defect or defects in such extinguisher. provision of this ordinance shall be guilty of a misdemeanor and subject to a fine of not to exceed $100, or imprisonment for a period not to exceed 30 days, with costs of prosecution in either case to .be added. addition to suspension or revocation of license. and publication. Sec. 7. Defective Extinguishers. Inspectors employed by the Fire Department If upon any inspection,.the inspector shall find any fire extinguisher Sec. 8. Penalty. Any person who viol&es or fails to comply with'any I" Such penalty may be imposed in Sec. 9. This ordinance shall be in full force and effect upon its passage Motion for adoption of the ordinance theke were five ayes and no nays and ATTEST : Mayor ?-&. &- Village Clerk BA-94 BIDS TO BE TAKEN FOR CLEARING, GRUBBING AND REMOVAL OF TREES. of Mr. Hite, Trustee Johnson offered the following resolution and moved its adoption: Upon recommendation RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR STREET IMPROVEMENT NO. BA-94 BE IT RESOLVED BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the Village Engineer and now on file in the office of the Village Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Courier and Construction Bulletin the following notice for bids for improvements: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS BIDS CLOSE FEBRUARY 17, 1967 CLEARING, GRUBBING AND REMOVAL OF TREES L. SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801 West 50th Street, at 11:OO A.M., Friday, February 17, 1967, and the Edina Village Council will meet at 7:OO P.M., on Monday, February 20, 1967, to consider said bids for the clearing, grubbing and removal of trees. approximate quantities of major items: Trees, 2" - 24" diameter, cleared, grubbed and removed Work must be done as described in plans and specifications on file in the office of the, Village Clerk. Plans and specifications are available for a deposit of $10.00 (by check), which deposit will be refunded upon return of said plans and specifications. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the Village Clerk in the amount of at least ten (10) percent of amount of base bid. bids. BY ORDER OF THE EDINA VILLAGE COUNCIL. The following are 70 The Council reserves the right to reject any or all Florence B. Hallberg Village Clerk Motion for adoption of the resolution there were five ayes and no nays and ATTEST : I, .. Mayor \I t Village Clerk 1/19/67 MOBIL RADIOS TO BE PURCHASED. motion authorizing purchase of three mobil radios which would be installed for a cost Upon recommendation of Mr. Dalen, Trustee VanValkenburg's of $1,850, as allowed in the 1967 Budget, was seconded by Trustee Johnson and carried. LIQUOR REPORT AS OF NOVEMBER 30, 1966 ordered placed on file by motion Trustee Johnson, seconded by Trustee MacMillan and was presented by Mr. Dalen, reviewed and carried. CLAIMS PAID. carried for payment of the following claims as per Pre-List as follows: Fund, $18,866.37; Construction Fund, $17,755.66; Park, Park Construction, Swim Pool, Arena E Golf Course, $5,269.96; Water Fund, $3,520.74; Liquor Fund, $77,547.67; Sewer Rental Fund, $364.34; Total, $123,324.74; and for the following additional claims: Fund, $492.48; Sewer Rental Fund, $19.19; Construction, $14,484.23, Total, $23,844.11. The agenda's business having been covered, Trustee Johnson's motion for adjournment Motion by Trustee MacMillan was seconded by Trustee Johnson and General General Fund, $2,580.84; Arena Fund, $9.75; Parks Fund, $6,019.50; Liquor I* was seconded by Trustee VanValkenburg and - carried. Adj ournment at 6 : 15 P . M . .. Village Clerk. I