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HomeMy WebLinkAbout19681104_regularI MINUTES OF THE REGULAR MEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, NOVEMBER 4, 1968 ROLLCALL was answered by Councilmen Courtney, Shaw, Johnson and VanValkenburg sho served as Mayor Pro Tern in the abgence of Mayor Bredesen. LOUKAS M. ANGELUS RECOGNIZED UPON COMPLETION OF COURSE. Valkenburg recognized the achievement of Mr. Loukas M. Agnelus in completing a course offered by the American Institute of Real Estate Appraisers. ORDINANCE NO. 261-174 ADOPTED iT SECOND READING. request of Mr. E. G. Thernell for R-2 zoning of property located at Gleason Road at Vernon Avenue, for second reading. man Johnson offered Ordinance No. 261-174 for Second Reading and moved its adoption as follows : Mayor Pro Tem Van Mr. Hoisington presented the No comments being heard, Council- ORDINANCE NO. 261-174 AN ORDINANCE AMENDING ORDINANCE NO. 261 (ZONING ORDINANCE) OF THE VILLAGE OF EDINA ESTABLISHING AN ADDITIONAL R-2 MULTIPLE RESIDENCE DISTRICT THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1, Multiple Residence District Boundaries of Section 4 (Multiple Residence District) of Ordinance No. 261 of revised ordinances of the Village of Edina, is 'hereby amendhd'by adding the following sub-p ar agr aph : Di s tric t R- 2 : "(48) Lots One (1) and Thirty (30) , Block <Three (3), and Lots One'(1) and !Cwenty-Six (26)', Block Two (2) , Killarney Shores Addition" Section 2. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Motion for adoption of the resolution was se rollcall there were four ayes and no nays an ATTEST : NORTHERN STATES POWER POLICIES QUESTIONED BY MINNEAPOLIS HOME BUILDERS ASSOCIATION. Mr. Hyde called attention of Council to a letter received from the Minneapolis Home Builders Association, calling attention to certain Underground Residential Districution policies of Northern States Power which the Association feels should' be eliminated. The Village was asked to assist in working to eliminate these procedures. Following some discussion, Councilman Johnson's motion that the * letter be acknowledged and that the matter be taken under advisement for further study was seconded by Councilman Shaw and carried. PETITION RECEIVED for watermain to serve Ridgeway Road, Westridge Blvd., and High- land Road was presented and ordered referred to the Engineering Department for processing by motion of Councilman Courtney, seconded by Councilman Shaw and carried. M AND JAY TRUCKING COMPANY, INC. OPERATIONS REMOVED. Mr. Hoisington advised Council that M &Jay Trucking Go., Inc., had ceased operations at 707 Washington Avenue South, as requested by the Village. ARNESON PLAT APPROVAL HEARING DATE SET for November 18, 1968, by motion of Coun- cilman Johnson, seconded by Councilman Shaw and carried. SIGN ORDINANCE 61C ADOPTED AT SECOND READING. ance 61C for Second Reading. Mr. Robert Naegele, representing Naegele Sign Company. Discussion ensued rela- tive to the opinion of the Village Attorney which had advised that the proposed ordinance is in all likelihood constitutional with the possible exception of Section 4, which limits Billboards to certain areas temporarily zoned as excav- ation districts. should be re-evaluated when that decision is handed down. discussion, Councilman Courtney offered Ordinance 61C for Second Reading and moved its adoption as follows: Mr. Hoisington presented Ordin- Sketches of double-faced signs were presented by Mr. Whitlock noted that a case pending in the Supreme Court may have some bearing on this issue and that this section of the ordinance I Following considerable , 29.3 11/4/68 ORDINANCE NO. 61C AN 0RDINANCE.REGULATING AND REQUIRING PERMITS FOR SIGNS, IMPOSING A PENALTY ' AND REPEALING ORDINANCE NO. 61B - THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Purpose and Intent. The purpose of this ordinance is to protect and promote the general welfare, health, safety and order within the Village of Edina through the establishment of a comprehensive and impartial series of standards, regulations and procedures governing the erection, use.and/or display of devices, signs or symbols serving as visual communicative media to persons situated within or upon public rights-of-way or properties. The provisions of this ordinance are intended to-encourage creativity, a reasonable degree of freedom of choice, an opportunity for effec.tive com- munication, and a sense of concern for the visual amenities on the part of those designing, displaying or btherwise utilizing needed communicative media of the types regulated by this ordinance; while at the same time, assuring that the public is not endangered, annoyed or distracted by the unsafe, dis- orderly, indiscriminate qr unnecessary use of such communicative f-acilities. See,. 2. Definitions. - (a) "Accessory Si-gn""me.ans a sign relating in its subject matter to the premises on which it is-located, or to-products, accommodations, services or activities on the gremises on which it is located. (b) "Accessory Use'? means a use which is subordinate to the principal use being made of a parcel of land. Accessory 'Ltses are defined in the Zoning Ordinance. written or in numeric form. ifies the name of a neighborhood, a residential subdivision, a multiple resi- dential complex consisting of three or more structures, a shopping center of area, an industrial area, an office complex consisting of three or more struc- tures or any combination of the above that could be termed an area. semble flags and are of a non-permanent gaper, cloth or plastic-like consist- ency. (f) "Bench Sign" means a sign which is affixed to a bench at a bus stop. (g) tlChurch directional Sign"' means a sign which bears the address and/or name of a church and directional arrows pointing to a church location. (h) "Canopy and Marquee" means a rooflike structure projecting over the ,entrance to a theater, store, etc. (i) "District" refers to a specific zoning (district as defined in the Zoning Ordinance. (j) "Free-st-anding Sign" means a sign which is placed in the ground and not affixed to any part .of any structure. (k) "Governmental SignG' means a sign which is erected by a governmental unit fir the purpose of directing or guiding traffic. (1) "Illuminated Sign" means any sign which is illuminated by an arti- ficial light source. (m) "Institutional Sign" means any sign or bulletin board which ident- ifies the name and other characteristics of a public pr private institution on the site where the sign is located. moving parts. name and/or address of the occupants of the building. (c) . "Address Sign" means postal identification numbers only whether (d) "Area Identification SighLr means a free-standing sign which ident- (e) trBannerse and Pennants's' mean attention-getting devices which re- (n) (0) (p) (4) "Motion Sign" means any sign which revolves, rotates or has any "Nameplate or Identification Sign" means a sign which bears the Won-Accessory Sign" means a signs other than an accessory sign. "Nonconforming Sign" means a sign which lawfully existed prior to the adoption of this ordinance but does not conform to the newly enacted re- quirements of this ordinance. location to another which is not permanently attached to the ground or any structure . (s) "Projecting Sign" means any sign, all or any part of which extends over public property more than twelve inches. -(t) "Permanent Sign" is any sign which is not a temporary sign. (u) "Roof Sign" means any sign erected upon or projecting above the (v) "Sign" means any letter, word or symbol, device, poster, picture,- (r) "Portable Sign" means a sign so designed as to be movable from one roof line of a structure to which it is affixed. statuary, reading matter or representation in the nature of an advertisement, announcement, message, or visual communication whether painted, posted, printed, municative purposes. affixed or constructed, which is displayed outdoors for informational or com- / "294 J 11/4/68 (w) "Sign Area" means that area within the marginal lines of the surface which bears the advertisement, or in the case of messages, figures, or symbols attached directly to any part of a building, that area which is included in the smallest rectangle which can be made to circumscribe the message, figure or symbol displayed thereon. The stipulated maximum sign area for a free-standing sign refers to a single facing. (x) or more streets. such frontages. limited period of time. Section 3, and Section 5 (e) (2), and pennants, banner, paper and other similar types of signs. property by the owner of such property for the purpose of guiding vehicular and pedestrian traffic. "Street Frontage" refers to the proximity of a parcel of land to one An interior lot has one street frontage and a corner lot two xy) "Temporary Sign" means a sign which is erected or displayed for a Such temporary signs shall include those listed in (z) "Traffic Directional Sign" means a sign which is erected on private Such sign bears no advertising information. (aa) -Section. 3. General Prwidions Applicable to all Districts (a) cept in areas specially defined in this ordinance. shall be permitted only in the (3-2, C-3, PC-2 and PC-3 Commercial Districts according to the requirements set forth for those districts. that they shall be safe and substantial, provided that nothing in this ordinance shall be interpreted as authorizing the erection or construction of any. sign not now permissible under the zoning or building ordinance of the Village. matter . light shall be permitted except one giving time, date, temperature, weather, or similar public service information. The Building Inspector in granting permits for illuminated signs shall specify the hours during which the same may be kept lighted when necessary to preveht the creation of a nuisance. All illuminated signs shall have a shielded light source. placed within any street right-of-way or upon any public easement. highway regulatory or warning sign, or of any traffic sign or signal, or of any crossroad or crosswalk, will be issued only if: (1) pedestrians to see any street or highway sLgn, or any traffic sigh or signal, or any crossroad or crosswalk, and (2) The sign will not distract drivers nor offer.any confusion to any street or highway sign, or any traffic sign or signal. Roof signs are prohibited4.n all districts. Banners, pennants and whirling devices or any such sign resembling the same are prohibited from use within the Village except when used as an integral part of the design of a building or when used in conjunction with grand openings (the initial commencement of business). In the case of grand openings, banners and pennants shall be allowed for the week or part thereof of said grand opening. On the Monday following such opening, all such displays shall be removed. Campaign signs posted by a bona fide candidate for political office or by a person or group promoting a political issue or a political candidate may be placed in any district subject to the requirements of that district.. may be posted for a period not to exceed 60 days and shall be removed within seven days following the date of the election. One temporary identification sign may be installed upon a construction. site in any district denoting the name of the architect, engineer and contractor, provided such sign does not exceed 80 square feet in area. Temporary real estate signs may be erectea for the-purpose of selling or promoting a residential project of 10 or more dwelling units or any nonresi- dential project provided: "Wall Sign*' means any sign which is .affixed to a wall of any building. Non-accessory free-standing signs are prohsbited in all disbricts ex- Non-accessory wall signs (b) All signs shall be constructed in such a manner and of such material (c) (d) No sign shall contain any indecent or offensive picture or written No illuminated sign which changes in either color or in intensity of (e) (f) No sign other than governmental signs shall be erected or temporarily A permit for a sign to be located within 50 feet of any street or. The sign will not interfere with the ability of dfivers and (g) (h) . (i) Such sign .(j) 8 (k) (1) (2) upon which the property abuts, pleted, sold or leased, and pre-existing residence. I c or buildings shall be permitted, provided: property and 32 square feet for nonresidential property. such signs shall not exceed 100 square feet in area,* only one such sign shall be permitted per street frontage - (3) such signs shall be removed when the project is 80% com- (4) such signs shall be located no closer than 100 feet to any c (1) Temporary signs for the purpose of selling or leasing individual lots I - (1) such signs shall not exceed six square ifeet for residential 11/4/68 (2) only one such sign is permitted per street fr which the property abuts, ntage up n -- (3) such sign-shall be removed within, seven days following lease or sale. the (m) Any free-standing sign within 25 feet of any intersection of street right-of-way lines and/or driveway entrances shall have a minimum vertical clearance of ten.feet above the centerline of the pavement. wall sign shall not. exceed twice the permitted area of a single-face sign. (n) (0) (p) Motion signs are prohibited in all districts. (4) R-1 District. (r) Projecting wall signs shall be permitted only in Commercial Districts provided the total sign area goes not exceed ten square feet per facing. The total sign area of any multi-faced free-standing or projecting Traffic directional signs shall not exceed six square feet in area. No portable signs shall be permi,tted except address signs-in the - No free-standing projecting signs shall be permitted in any district. (s) (t) (u) One addrgss sign shall be required per building in all districts. Bench signs shall be permitted only at bus stops and shall not be Church directional signs shall be permitted in a11 districts pro- permitted in residential districts. vided the total area of such signs shall not exceed four square feet per facing. the structure towhich they are accessory. or marquee but such structures shall not be considered as part of the wall area and thus shall not warrant additional sign area. visible from outside of said building shall be exempt from the provisions of this ordinance and shall not require permits or payment of gees. (v) Canppies and marquees shall be considered to be an integral part of Signs-may be attached to a canopy (w) Signs which are located on the interior of a building and are not Sec. 4. Special Regulations. Temporary Nonaccessorp-Free Standing - -Signs. Nonaccessory signs shall be permitted on a temporary basis.on the following described property.subject to all of the requirements herein set forth: ICThe West 120 feet of Section 32, Township 28, Range 24 except the north 1320 feet thereof." . (a) Maximum Height: 20 feet. - - I - (b) Maximum Sign Area: (c) Minimum Distance Between Signs: 500 feet. (d) Minimum Setback From Street Rightef-Way Lines: 25 feet. (e) Distance From Street Intersection: Not closer than 500 feet to the intersection of two or more streets or highways, such distance being measured from the intersection of street or highway centerlines. struction: Not closer than 500 feet to any residential structure, any publicly- owned land, or any other use or structure permitted in any residential district. When any structure is built in a residential district within 500 feet of a tem- porary non-accessory sign, such sign shall be immediately removed upon occupancy of such structure. Furthermore, such temporary non-accessory sign shall be removed when the parcel occupied by such sign is rezoned from its present R-1 Residential District classification and when either of the following conditions exist: - (1) upon which the sign stands, or (2) A building is built and occupied on a lot, tract or parcel abutting France Avenue which is immediately adjacent to the lot, tract or parcel upon which the sign stands. all districts, the following signs are permitted in each specific district and shall be regulated as to size, location and character according to the require- ments herein set forth: 300 square feet per facing and not to exceed two facings. Double-faced signs shall be attached back. to back. I (f) Proximity to Uses Permitted in Residential Districts and New Coni A building is built and occupied on the lot, tract or parcel Sec. 5. District Regulations. In addition to those signs permitted in (a) R-1 and R-2 Residential Districts. (1) Nameplate Signs: One sign for each dwelling unit, not greater than (2) Institutional and Recreational Signs: One sign or bulletin two square feet in area, indicating the name and/or address of the occupant. board per street frontage for a church, a public institutional use, or a rec- reational use in the R-1 District. Such sign or bulletin board shall not ex- ceed 24 square feet in area nor-shall it be placed closer than ten feet to any street right-of-way line. ceed 24 square feet in area. (3) ,Area Identification Signs: (4) Temporary Signs: Refer to Section 3. One sign per development not to ex- (b). Multiple Residential Districts R-3, R-4, and R-5. f 11/4/68 (1) Identification Signs: One identification sign or symbol per building not greater than six square feet in area, provided, such sign is attached flat against a wall of the building. ment, providing such sign does not exceed 24 square feet in area, and further provided, such sign is placed no closer than ten feet to any street right-of-way lines. (3) Institutional Signs: One sign per street frontage identifying an institutional camplex within a multiple residential district (convalescent, nursing, rest or boarding care homes). feet in area nor shall it be placed closer than ten teet to any street right- of-way line. ; (2) Area Identification Signs: One area identification sign per develop- Such sign shall not exceed 24 square ., (4) Accessory Use Signs: Signs identifying uses accessory to a multiple residential development shall not be visible from the outside-of the building. (5) Temporary Signs: Refer to Section 3. (6) Maximum Hei'ght of Free-Standing Signs: Six feet. . (7) Traffic Directional Signs: Refer to Section 3 (0). (c) Automobile Parking District. (1) Identification Signs: One identification sign per street frontage depicting the name of the lot, rates, and type of operation. Such signs shall not exceed 24 square feet in area. + (2) Traffic Directional Signs: Refer to Section 3 (0). (3) Maximum Height of Free-Standing Sign: Twenty (20) feet. (d) Commercial Districts C-1, C-2,.PC-l. PC-2 and PC-3. . (1) Wall Signs: The fotalrarealog all wall signs affixed to a building shall not exceed 15% of the total area of that wall, (2) Free-Standing Signs: One free-standing sign for e3ch building per street frontage. The total area of a free-standing sign for a building having one street frontage shall not exceed 80 square feet in-Commercial Districts C-1, C-2, PC-1 and PC-2, nor shall it exceed I00 square feet in Commercial Districts C-3 and PC-3. Where a building has two or more street frontages, only one free- standing sign of the above size shall be permitted. sign in excess of one shall be no greater in area than one-half the area of the first sign. C-1, (2-2, PC-1, and PC-2 Districts and 25 feet in the C-3 and PC-3 Districts, 100 square feebin area. Each permitted free-standing The maximum height of free standing signs shall be 20 feet in the - (3) Area Identification Signs: (4) Temporary Signs: Refer to Section 3, (5) Traffic Directional Signs: Refer to Section 3 (0). (6) One sign per development not to exceed Exceptions: Offices and medical and dental clinics in a commercial district shall comply with Section 5 (f) (Regional Medical and Office Building Districts) below. (e3 Commercial District C-4. (1) Wall Signs: The total area of all wall signs affixed to a building (2) Free-Standing Signs: One free-standing sign per principal building Where a building 'wall shall not exceed 20% of the total area of that wall. ., - per street frontage. having one street frontage shall not exceed 80 square feet. has-two or more street frontages, only one free-standing sign of the above size shall be permitted. a sign area not to exceed 50 square feet. The maximum height of free-standing signs shall be 20 feet. the remainder of that area not utilized for the permanent brand sign, provided the total area of all permanent and temporary signs does not exceed 80 square feet for one sign and 50 square feet for each sign in excess of one. Lettering or symbols which are an integral part of the The total area of a free-standing sign for a building Each permitted free-standing sign in excess of one shall have Temporary product sale, stamp and game signs may occupy (3) Pump Signs: (4) Traffic Directional Signs: Refer to Section 3 (0). (5) Temporary Signs: Refer to Section 3. ' (6) Restroom Signs: design of a gasoline pump shall be permitted*. ZI - Signs indicating the location of restrooms and con- taining no advertising information shall be permitted as needed. - (f) feet Regional Medical and Office Buildin!? Districts. (1) Identification Signs: One sign per building not to exceed 50 square in area. Whkre such building is located on a corner lot, one sign may be located on each street frontage provided the first does not exceed 50 square feet and other permitted signs do not exceed 36 square feet. placed closer than ten feet to any street right-of-way line. atzached to the facing of the building at the ground floor level. such sign ahall not exceed 15% of the ground floor wall facing of the accessory use. No sign shall be One identification wall sign per accessory use The area of (2) Accessory Use Signs. - - 11/4/68 (3) Area Identification Signs: One sign per development, not to (4) Maximum Height of Free-Standing Signs: Eight feet. (5) Temporary Signs: Refer to Section 3. (6) Traffic Directional Signs: Refer to Section 3 (0). (1) Identification Signs: One identification sign per building, exceed 50 square feet in area. (g) Planned Industrial District and Light Industrial District. not to exceed 80 square feet in area. for each tenant having a private entry to a multi-tenant building; such sign being displayed at or near the tenant's entrance, and not to exceed 10% of the area of the wall to which it is affixed. No sign shall be placed closer than ten feet to any street right-of-way line. exceed 80 square feet in area. One additional wall identification sign - (2) Area Identification Signs: One sign per development not to (3) Temporary Signs: Refer to Section 3. (4) Maximum Height of Free-Standing Signs: 20 feet. ' (5) Traffic Directional Signs: Refer to Section 3 (0). Sec. 6. Administration and Enforcement. (a) Permits. Except as provided in paragraph (d) below, the owner or occupant of the premises on which a sign is to be displayed, or the owner or installer of such sign, shall file application with the Village Building Inspector for permission to display such sign. Permits-must be acquired for all existing, new, relocated, modified or redesigned signs except those spec- ifically excepted below. The applicant shall submit with the application, a complete description of the sign and a sketch showing its size, location, manner of construction and such other information as shall be necessary to inform the Village Building Inspector of the kind, size, material, construc- tion and location of the sign. The applicant shall also submit at the time of application the application fee required under paragraph (b) below. If a sign authorized by permit has not been installed within three months after the date of issuance of said permit, the permit shall become null and void. (b) Fees. For any sign for which a permit is required, except signs displayed or caused to be displayed by a church, an initial application fee of $10.00 shall be required for the purpose of defraying the cost of examining and processing the application for permit and the cost of inspecting the in- stallation and maintenance of such signs. under the providions of this ordinance, the permitee shall acquire @om the Village Building Inspector a tag which shall be conspicuously attached to the lower left front surface-of the sign. Such tag shall indicate the number of the sign permit and the date of issuance. application fees paid for all non-exempt signs existing at the time of adoption of this ordinance. (d) Exemptions. The exemptions permitted by this section shall apply only to the requirement of a permit and shall not be construed as excusing the installer of the sign, or the owner of the property upon which the sign is located, from conforming-with the other provisions of this ordinance. No (c) Sign Identification Tag. For any sign for which a permit is required Permits and tags must be-acquired and - permit is required under this section for the following signs: 1) 2) 3) 4) Temporary signs as listed in Section 3, paragraphs (i), (j), (k), 5) Memorial signs or tablets containing the name of the building, A window sign placed within a building and not exceeding 50% Signs having an area of six square feet or less. Signs erected by a governmental unit or public school district. of the window area. and' (l), and Section 5, paragraph (e), subparagraph (2) : its use and date of erection when cut or built into the walls of the building and constructed of bronze, brass, stone or marble. from the outside of said building. deputy shall find that any sign or signs regulated by this ordinance is or are prohibited as to Size, location, content, type, number, height, or method of construction, or are unsafe, @secure, or a menace to the public, or if any sign has been constructed or erected without a permit first being granted to the installer of said sign or to the owner of the property upon which said sign has been erected, or is improperljz maintained, or is in violation of any other provisions of this ordinance, he shall give written notice of such violation to the owner or permitee thereof. to remove or alter the sign so as to comply with the provisions set forth in this ordinance within ten calendar days following receipt of said notice, 6) Signs which are completely kithin a building and are not visible (e) Violations and Fines. If the Village Building Inspector or his If the permitee or owner fails 'V Q '298 \ _. . ic 11/4/68 (a) such sign shall be deemed to be a nuisance and may be aba- ted by the Village by proceedings taken under Minnesota Statutes, Chapter 429, and the cost. of abatement, including administration expenses, may be levied as a special assessment agains! the property upon which the sign is located; or such permitee or owner may be prosecuted for violating this ordinpce and-if convicted shall be guilty of a misdemeanor, and subject to a fine of not exceeding $100 or imprrisonment for a period of not exceeding 90 days. Each period of ten days within lqhich the sign is not removed or al- tered shall be deemed to constitute another violation of this ordinance and punishable as a misdemeanor-hfreunder. The owner of any projecting sign shall furnish, with his application, proof of self-insura&e or that-public liability insurance has been procured for any death or pkrsonal injury accruable to such sign, in the amount of not less than $100,000 for each person and $300,000 for each incident, and for damage to property. arising from any incident in the amgunt of not less than $50,000. that the sign remains in place. A permit applicant or permit holder may appeal any order or determination made by the Village' Building Inspector or his deputy' pursuant to this ordinance by filing a notice of appeal with the Village Clerk requesting a hearing before the Board of Appeals and Adjustments created by Ordinance No. 261 (Zoning Ordinance). The Board shall hear and decide appeals in the following cases : Appeals where ii is alleged that there is an error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this ordinance. inance . The Board shall grant a variance only if the appklant proves that: (b) (f) Insurance. The owner shall maintain such insurance in effect at all times (g) Appeals. (1) - (2) Requests II for variances from the literal provisions of this ord- (1) There are exceptional or extraordinary circumstances applicable . to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district; a substantial property right possessed by other property in the same vicinity and zone, but rhich is denied to the property in question; (3) an unnecessary hardship; and (4) rimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property is located. (2) The variance is necessary for the preservation'and enjoyment of @ That the strict application of the ordinance would constitute That the granting of the variance would not be materially det- Sec. 7. Non-Conforming Signs. (a) Any non-conforming temporary'or portable sign existing at the time of adoption of this ordinance shall be made to comply with the Fequirements set forth herein or shall be removed within 60 days after the adoption of this ord- inance. (b) of this ordinance shall be allowed to continue in use, but shall not be rebuilt, altered other than to change the message, or relocated without being brought in- to compliance with the requirements of this ordinance. sign has been removed, it shall not be replaced by another non-conforming sign. Whenever sue of a non-conforming sign has been discontinued for a per- iod of three months, such use shall not thereafter be resumed unless in confor- mance with the provisions of this ordinance. Non-conforming permanent signs lawfully existing at the time of adoption After a non-conforming (c) Sec. 8. Repealer. Ordinance No. 61B is hereby repealed and rescinded. Sec.59. Severance-Clause. If any section, clause or provision or portion thereof of this ordinance shall be found to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion hereof. its passage and publication. Motion for adoption of the ordinance was seconded by Councilman VanValkenburg and on rollcall there were three ayes with Councilman Johnson voting nay, based on the recommendation of denial of' Section 4 by son indicated' that he was in favor of all bu Sec. 10. This ordinance shall be in full force and effect immediately upon I 11141 68 us I SIGN ORDINANCE NO. 261-170 ADOPTED. Mr. Hoisington presented Ordinance 261- 170 which amends the Zoning Ordinance to conform with Sign Ordinance No. 61C and noted that this hearing had been continued originally from August 5, 1968, No objections being heard, Councilman Johnson offered Ordinance 261-170 for First Reading, with waiver of Second Reading, and moved its adoption as fol- lows : ORDINANCE NO; 261-170 AN ORDINANCE REPEALING AND AMENDING SECTIONS OF THE ZONING ORDINANCE RELATING TO SIGNS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS:' Section 1. The following protions of Ordinance No. 261 (Zoning Ordinance) (a) Subparagraph (f) (Signs) of paragraph 3 (Restrictions on Uses) of (b) Subparagraph (b) , Paragraph 4 (Accessory Uses) fallowing the heading of the Village of Edina are hereby repealed and rescinded: Section 7 (Regional Medical District). District C-1 (Uses Permitted in Commercial District) of Section 9 (Commercial District). . (c) Subparagraph C (f) (3) (ee) of Paragraph 6 (Planned Commercial Dis- tricts) of Section 9 (Commercial, District). (d) Subparagraph (h) (Signs) of Paragraph 6 (Restrictions, Controls, ..I and Design Standards) of Section 10 (Planned Industrial District). Sec. 2. Subparagraph (a) (1) (Automobile Service Stations) following the heading District C-4 within Paragraph 5 (Special Limitations and Conditions on Uses) of Section 9 (Commercial District) is hereby amended to read as follows : No buildings or structures, permanent or temporary, driveway sur- faces, parking areas or traversing a public road boulevard shall be located within 110 feet of any part of a Single Family Dwelling or Multiple Residence District site.which is separated from the automobile service station site by a public road right- of-way or within 50 feet of a Single Family Dwelling or Multiple Residence District site if they are not separated by a public road right-of-way. 10 (Regulations on Screening, Landscaping, Lighting, Storage and Outdoor Displays) of Section 10 (Planned Industrial District) is hereby amended to read as follows: "All principal and accessory uses which are situated within 50 feet of a Single Family Dwelling District or Multiple Residence District shall be screened from such District by a wall or fence of not less than 90% opacity and not less than 5 or more than 7 feet in height above the level of the Single Family Dwelling District or Multiple Residence District property at the Dis- (1) other similar site improvements except driveways Sec. 3. The first sentence of subparagraph (a) (Screening) of Paragraph - trict boundary.'% See. 4. This ordinance shall be in full force and effect immediately upon its passage and publication and upon the passage and publication of Ordinance No. 61C. and on rollcall there were four aye nce was adopted. - U ORDINANCE NO. 181B GRANTED FIRST READING. (Mayor Bredesen arrived at this - time. Councilman VanValkenburg continued to preside). Mr. Hyde presented Ordinance No. 181B for First Reading, which ordinance provides additional regulations for peddlers and solicitors. Councilman Courtney offered the following ordinance and moved its adoption as follows: Following considerable discussion, ORDINANCE NO. 181~ AN ORDINANCE PROHIBITING PEDDLERS OR SOLICITORS FROM ENTERING UPON CERTAIN PREMISES WITHIN THE VILLAGE, PROVIDING FOR REGISTRATION AND REGULATION OF PEDDLERS AND SOLICITORS AND CERTAIN VENDORS, AND PROVIDING A PENALTY THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Definitions. Subdivision 1. For the purposes of this ordinance the words defined in this section have the meanings given them. 1 11 14/68 Subd. 2. "Peddler" means any person with no fixed place of business who goes from house to house carrying or transporting good8, wares or merchandise and offering or exposing the same for sale, or making sales and deliveries to 'purchasers of the same. Sd. ~ 3, sLSolicitort* means any person who goes< from house to house solic- iting or taking or attempting to*take orders for the purchase of any goods, wares, or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for delivery in'the future, or orders for the performance of maintenance or repair services 5n or about the home or place of business, such as furnace cleaning, roof repair and blacktopping. Subd, 4. Vendors of milk, groceries, bakery products, or other perishable commodities or vendors of soft water service or laundry and dry-cleaning pickup and delivery who make an uninvited initiatory call upon the occupant of a resi- dence as a preliminary step to the establishment of a regular route service for the sale and delivery of such commodities or the providing of such services to regular customers shall not be included'within the above definition of $'peddler1' or ''solicitor.rF "Peddler1' or 'rSolicitorK* does not include any persofi who sells or attempts to sell, or solicits or attempts to solicit orders for,*goods, wares or-merchandise, if he does so in behalf of a bona fide charitable, religious, civic, educational or political organization. of the Village who wishes to exclude peddlers or solicitors from premises occupied by him may place upon or near the usual entrance to such premises a,printed placard or sign bearing the following notice: Such a placard shall be at least 3-3/4 inches long and 3-3/41 inches wide, and the printing thereon shall not be smaller than 48 point type. shall enter in or-upon any premises or attempt to enter in or upon any premises, where such placard or sign is placed and maintained. Sec. 3. May Not Deface Placard. No person other than the person occupying auch premises shall remove, injure, or deface such placard or sign. See. 4, Registration of Peddlers and Solicitors and Other Vendors. Before engaging in peddling or soliciting, or in making calls as described in Subdivision 4 of Sectioii 1, the peddler, solicitor or vendor, except a person selling or pedd- ling the products of a farm or garden occupied andcultivated by him; must submit the following information-to the Village Clerk. Subd. 5, Sec, 2. Peddlers and Solicitors May be Prohibited by Placard. Any resident "Peddlers aiid Solicitors Prohibited." No peddler or _solicitor - li= (a) (b) (c) If employed, the name and address of the employer; (d) (e) His name and permanent address and local address, if any; A brief description of the nature of the business and the goods to be sold; The period of time within which he intends to conduct activities; The souree of supply of the goods or property proposed to be sold, or in the case of goods or property to be sold by solicitation of orders, where such goods or products are located at the time the information is submitted to the Vil- lage Clerk, and the proposed method of delivery; (f) of a worthless check of which the registrant was convicted within the-10 most recent years, and the nature of the crime or crimes of which he was convicted; and (g) Whether the registrant has taken advantage of any state or federal bank- ruptcy or insolvency law or proceeding as a bankrupt or debtor within the 18 most recent years, Every peddler, solicitor or vendor required to submit the foregoing information shall promptly submit to the Clerk any changes therein required by changes in cir- cumstances. Sec, 5. Annual Registration Fee. At the time of submitting information as required by Section 4, and annually thereafter on or before January 1, 1970, and each January 1 thereafter, as long as he engages in activities which require him to submit information as required by Section 4, and annually thereafter on or be- fore January l, 1970, and each January lqthereafter, as long as he engages in activities which require him to submit information under Section 4 hereof, the peddler, solicitor or vendor shall also pay a registration fee of $3.00. Sec. 6, Acts in Violation of Ordinance. The following acts or omissions shall be deemed violations of the provisions of this ordinance: (a) Acts proliibited-hyc SeCtionsi 2*+and 3 hereof; (b) Engaging in peddling or soliciting, or in making calls as described in Any felonies or wss misdemeanors, or anyxrimes of theft or issuance . I Subdivision 4 of Section 1, without registration or payment of the registration fee whenever required by Sections 4 and 5 hereof; (c) Furnishing false information, or failing to furnish information as re- quired by Section 4; (d) Sale of merchandise or services by a peddler, *solicitor or vendor by means of statements which the person making them knows or should know are false or misleading; 301 11/4/68 (e) is not of merchantable quality or is not fit for the purpose for which the seller knows or has reason to know the merchandise is being purchased. upon conviction thereof, shall be punished by a fine not exceeding $100 or by Sale of merchandise by a peddler, solicitor or vendor, which merchandise Section 7. Penalty. Any person who violates any provision ofsthis ordinance .imprisonment for a period not exceeding 90 days. Section 8. Ordinance No. 181A is hereby repealed. Section 9. This ordinance takes effect upon its passage and publication. ACQUISITION OF OUTWTS A AND B, SIOUX TRAIL FOURTH-ADDITION CONTINUED. Whitlock recalled to Council that at the Meeting of October 28, a contract-was awarded for ditching and installation of a ponding area along County Road 18 in Sioux Trail Fourth Addition. AT the time Sioux Trail Fourth Addition was granted final plat approval, Mr. Joe Ruzic, developer of the plat, agreed to deed Outlots A and B to the Village for drainage purposes according to Mr. Hite. Mr. Ruzic now says that he never agreed to deed the lots to the Village. Be- cause the lots are essential to 'the overall storm sewer project, Mr. Whitlock recommended that condemnation be authorized if the land cannot be purchased at an agreeable price, and advised that even if condemnation proceedings are started immediately, it is likely that the Village cannot enter upon the land to construct the facility until an award is made, which action could not take place before next spring at the earliest. In this event, it would be necessary to cancel the contract with the J. V. Gleason Company unless Mr. Ruzic would give written consent for the Village to enter the land subject to determination of price to be paid by the Village under the condemnation order. Mr. Whitlock read the Minutes of August 7, 1967, which indicated the conditions under which the plat had been approved. Mr. Ruzic said that he had never made any commit- ment to deed these lots to the Village. He recounted that he had constructed a ponding area himself and had been forced to fill it when neighbors protested that it was hazardous for children. Mr. Ruzic said that he hid given Mr. Drake verbal permission to dredge in Outlot B until the contractor destroyed a double bungalow lot which is bordered by %alley View Road and County Road 18. Hyde asked Mr. Ruzic why he had never before advised the Village that this lot had been spoiled. He told Mr. Ruzic that he feels that he is using this as an excuse, and that he is going back on his word which he gave in order to get R-2 zoning for his property. Mr. Whitlock read a letter dated August 17, 1966, from Mr. Hite to Mr. Ruzic noting Sioux Trail IV Addtiion encompasses a portion of Outlot 1, Sioux Trail I1 Addition, and reminding Mr. Ruzic that this Outlot was established as a ponding and drainage way at the time Sioux Trail 11 Add- ition was approved, and asking for the deed for Outlot 1 as promised at the time Sioux Trail I1 Addition was platted. Following considerable discussion, Councilman VgnValkenburg's motion that the matter be continued to the 18th of November to see if some agreement could be reached with Mr. Ruzic was then seconded by Councilman Courtney and carried, Mr. Mr. TRAIN WHISTLE ORDINANCE TO BE ADOPTED, the Minneapolis, Northfield and Southern Railroad had requested that an ord- inance be adopted prohibiting train whistling. Complaints have been received from citizens since new engines in use on the line have a particularly shrill and objectionable whistle, Discussion ensued as to whether this would be in conflict with State Statutes, whereupon Councilman Courtney's motion requesting the Village Attorney to render an opinion on the legality of such an ordinance was seconded by Councilman Johnson and carried. Mayor Bredesen advised Council that AIR POLLUTION ORDINANCE DISCUSSED. Councilman Johnson asked if any action is proposed for a burning ordinance. Following some discussion, concensus of opinion was that if plastic bags were used for leaves, most of the problem wiould be solved. No action was taken. TONKA KENNELS REPORT TO BE MADE NOVEMBER 18. Johnson that he would go out to Tonka Kennels and check over the allegations made by Mrs. John Mortison at the last Council Meeting. that charges for board of animals are remitted to the Village, and that Tonka Kennels is not paid twice for this service. The matter will be placed on the November 18 agenda. Mr. Hyde advised Councilman He noted, however, BOYER GARBAGE COMPANY GIVES UP ROUTES IN EDINA. Mr. Hyde advised Council that Boyer Garbage Company has withdrawn service from Edina, but that other garbage companies have taken over Boyer's customers and no problems have resulted. matter of contracting garbage service for the entire Village will be studied further The 302 i 11/4/68 302 It was noted that because of the difference in lot sizes in the Village, rates would have to be varied. CLAIMS PAID. carried for payment of the following claims: 8 Motion of Councilman Courtney was seconded by Councilman Shaw and < October 29 First National Bank of Minneapolis General $724.50 October 29 Dennis May, Custodian Change Fund Arena, 300.00 and for payment of the following claims as per Pre-List dated Noaember 4, 1968: General Fund, $9,931.14; Construction Fund, $38.00; Park, Park Construction, Swim Pool, Golf Course and Arena, $1,884.81; Watef Fund, $2,535.27; Liquor Fund, $25, 367.10; Sewer Rental Fund, $8,963.71; Total, $41,720.03. The agenda's business having been covered, Councilman Johnson's motion for ad- journment was seconded by Councilman VanValkenburg and carried. Adjournment at . 9:OO.p.m. *. , Village Clerk r