Loading...
HomeMy WebLinkAbout19710607_regular, MINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MONDAY, JUNE 7, 1971 Members answering rollcall were Councilmen Courtney and Shaw and llayor Bredesen, With meeting starting at 8:OO p.m. because of lack of a quorum. MINUTES of the meeting of May 17, 1971, were approved as submitted by motion of Councilman Courtney, s'econded by Councilman Shaw and carried. PARKING RAMP P-1 ASSESSMENT CONTINUED INDEFINITELY. Dalen, Councilman Shaw's motion was seconded by Councilman Courtney and car- ried, continuing the assessment of Parking Ramp P-1 indefinitely. . As recommended by Mr. LOT 14, EDINA TERRACE, STORM SEWER EASEMENT VACATED. Affidavits of Publication, Posting and Mailing were presented by Clerk, approved as to form and.ordered placed on file. As recommended by Mr. Dunn, Councilman Courtney offered the following resolution and moved its adoption*after being advised by Mr. Alfred R. W. Larkin, 5217 Hollywood Road, that he had spoken with Mr. Dunn and had no objections to the vacation: VEIER33AS; two weeks' published, posted and mailed notice of a hearing to be held on June 7, 1971, at 7:OO p.m., on the proposed vacation of the storm sewer easement hereinafter described has been given and made and a hearing has been held thereon by the Village Council: NOW, THEmFORE, be it resolved by the Village Council of th$tP6&lggeaof Edina, Hennepin County, Minnesota, that the following described/g?orm sewer easement as created by document recorded in Deed Book 2357, Page 68, described as fol- lows be vacated effective July 13, 1971, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council: RESOLUTION VACATING STORM SEWER EASEMENT IN LOT 14, EDINA TERRACE The East five feet (5') of the Vest ten feet (10') of the South ' thirty feet (30') of Lot 14, Edina Terrace. Motion for adoption of the resolution was seconded by Councilman 6haw':and on rollcall there vere three ayes and no nays and the.resolution was adopted. RADIO TONk ALERTING RECEIVERS BID AWARDED. Mr. Hyde presented tabulation of five bids received in response to Advertisement for Bids in the Edina Sun on May 6, 1971 and in the Construction Bulletin on May 6 and 13, 1971. Tabula- tion showed the alternate bid of Hillcrest Safety Equipment low at $3,210.00, Electrdnic Center, Inc., second low bidder at $3,370, North American Safety Corporation at $3 , 667.40, Morgan Equipment Company of Madison , Wisconsin , at $4,509.00. The bid of C. H. Schutter Company, Inc., was not accompanied by a bid bond or cashier's check and was not considered. motion was seconded by Councilman Shaw-and carried awarding hlfernate bid of Hillcrest Safety Equipment as recommended by the Fire Chief was seconded by Councilman Shaw and carried. I Councilman Courtney's PETITIONS RECEIVED. following petitions to the Engineering Department for processing was seconded by Councilman Courtney and carried: Councilman Shaw's motion*accepting and referring the 1. Indian Pond Circle - Permanent Street Surfacing and Curb 2. Alley between York and Zenith Avenues and Between 117. 58th and IJ. 59th Street - Permanent Burfacing MR. D. M. SULLIVAN LETTER NOTED. IMayor Bredesen noted receipt of a letter from Mr. D. M. Sullivan, 5227 W. 64th Street, suggesting that the Village require trash haulers to provide for recycling used containers. motdion that the letter be placed on file was seconded by Councilman Shaw and carried. Councilman Courtney's HEARING.DATES SET FOR NUMEROUS PLANNING COMMISSION MATTERS. As recommended by Mr. Luce, June 21, 1971, was set as hearing date by motion of Councilman Shaw, seconded 1. * 2. 3. 4. by Councilman Courtney and carried: Edina Interchange Center Replat - Preliminary Plat Approval Nine Mile Village - Preliminary Plat Approval Ordinances relative to tennis courts in the Planned Industrial District, Parking requirements for nursing homes, prohibition of massage parlors, and parking setback in the.Commercia1 Zones Vacation of FJooddale Avenue adjacent to 4444 Garrison Lane PARCEL 8405, SEC. 30, T. 28, R. 24 LOT DIVISION RESOLUTION AMENDMENT APPROVED. Pending vacation of the East three feet of Wooddale adjacent to 4444 Garrison Lane, Councilman Shaw offered the following resolution and moved its adoption: 6/7/71 RESOLUTION BE IT RESOLVED that the resolution adopted by the Edina Village Council on April 19, 1971, be hereby amended'to become effective on June 22, 1971, unless on or before that date this resolution is annulled, amended or rescinded by the dina il g Co c said resolution relating to the division of Parcel 8405, -% ec.. 35 2 28$ otion for a o tion of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted, LOT 14, BLOCK 14, I?EST MINNEAPOLIS HEIGHTS LOT DIVISION APPROVED. Mr. Luce . advised Council that, in order to relieve a hardship, Planning Commission had recommended the division of Lot 14, Block 14, West Minneapolis Heights, whereupon Councilman Shaw offered the following resolution and moved its adoption : %!& I RESOLUTION WHEREAS, 'Lots 14 and 15, BIock 14, West Minneapolis Heights, are now separate parcels; and WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels": Lot 14, Block 14, Nest Minneapolis Heights, except the North two feet (2') thereof; and Lot 15, Block 14, West Minneapolis Heights, and the North two feet (2') of Lot 14, Block 14, West Minneapolis-Heights; and 'I;IHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the Village of Edina will-create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 801 and 811; NOV, THEREFORE, it is hereby resolved by the Village Council of the Village of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and convey- ance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the Village of Edina or with the prior approvd of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted, NINE NILE NORTH GRANTED FINAL PLAT APPROVAL. North for final plat approval as recommended by the Planning Commission, not- ing that all necessary dedication along Nine MileGreek and agreements .have been received. Councilman Courtney then offered the following resolution and moved its adoption: Mr. Luce .presented Nine Nile - RESOLUTION APPROVING FINAL PLAT OF NINE MILE NORTH BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Nine Mile North", platted by Robert E. Ostman and Gladys Ostman, husband and wife, and Rauenhorst Corporation, a Ninnesota Corp- oration, contract for deed purchas_er,-and presented at the meting of the Vil- lage Council of June 7, 1971, be and is hereby granted final approval.. Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and'no nays and the resolution was adopted. DATA INVESTMENT COIPANY PLAN APPROVAL was continued to the meeting of June 21, 1971, by motion of Councilman Shaw, seconded by Councilman Courtney and carried. 3PS. VIRGINIA SHAW APPOINTED TO PARK BOARD, Councilman Courtney's motion appointing Mrs. Virginia Shaw to the Park Board for a term which will expire on February 1, 1974, was seconded by Councilman Shaw and carried. T.H. 100 AGREEMENT APPROVED FOR PEDESTRIAN BRIDGE LIGHTING. "Highway Lighting Maintenance Agreement" which provides for installation and maintenance of pedestrian bridges near Southview Lane and near Windsor *Avenue on T.H. 100. moved its adoption: BE IT RESOLVED that the Village of Edina enter into an agreement with the State of Ninnesota, Department of Highways for the following purposes, to-wit : To llaintain and provide electric energy'for the lighting system on As recommended by Rayor Bredesen, I Nr. Dunn presented Councilman Courtney then offered the following resolutiori and RE SOLUTION 6/7/71 Pedestrian Bridge 9895 over Trunk Highway 100 near South View Lane and on Pedestrian Bridge ,9896 over Trunlc Highway 100 near ljindsor Avenue in accordance with this Agreement a copy of which was before the Council; and BE IT FURTHER RESOLVED that the proper Village officers be and they hereby are authorized to execute such agreement, and thereby assume for and on behalf of the Village all of the contractua2 obligations contained therein. Notion for adoption of the resolution was seconded by Councilman-Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. .. I .. PUBLIC IMPROVEMENTS FEASIBILITY REPORT PRESENTED. Councilman Shaw's motion accepting the feasibility report of the Village Engineer and setting July 12, 1971, for the hearing date far various improvements was seconded by Councilman Courtney and carried. PHASE I1 TOPICS AGREEMENT WITH HENNEPIN COUNTY APPROVED. Mr. Dunn recalled that Council had approved Phase I of TOPICS in 1970,rr~hich progiiam-is a-rsew: program at the federal level to make money available for the improvement of local streets. Phase I1 which will establish improvement priorities and develop a five-year improvement program, cost of which would be $2,818 to the Village. In reply to questions of Council, Mr. Dunn added that this program is similar to the present State Aid Program and that he believes that the Village can fully expect to gain as much from the program as it has from the State Aid Program. Mr. Dunn said that the expenditure of the requested funds should get the Village to the point where it can begin some projects under this program which would then be funded 50% by federal money and 50% by local funds. He explained that these projects are not road-construction projects, but for the most part will improvement existing situations and move traffic more easily. Following some discussion, Councilman Courtney offered the following resolution and moved its adoption: .' RESOLUTION BE IT RESOLVED that the Edina Village Council enter into agreement for the second phase (Plan and Report) of the TOPICS Program within Hennepin County study Area No. 1. . Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. He added that the Village is now being requested to enter into TRAFFIC SAFETY COMMITTEE MINUTES OF MAY 20, 1971, APPROVED. Minutes of the Traffic Safety Committee Neeting of May 20, 1971; were presented, with Mr. Hyde noting gotion taken of two controversial matters. Southwest access to the Overhole Building, 5301 Vernon,Avenue was discussed. Council concurred with the action of the Traffic Safety Committee that, in the- interest of safety and facilitation of traffic flOP7, an alternate access be approved from Sherwood Road to the Overholt Building parking lot and that said access or curb opening be made towards the North end of the parking lot and at a reasonable and safe distance from the Eden Circle intersectiqn. Council - concurred also with the action taken relative to a parking ban on Vooddale Avenue from the Creek Bridge. to V. 50th Street on the east side of the street between 7 and 9 a.m. and between 4 and 6 p.m. (except Saturdays, Sundays and Holidays). Following some discussion, Councilman Courtney's motion for approval of the entire minutes of the Traffic Safety Committee was seconded by Councilman Shaw and carried. APPOINTMENT OF ENVIRONMENTAL QUALITY AD-HOC COMMITTEE CONTINUED. noted receipt of applications of a number of persons who were interested in be- ing appointed to serve on an Ad Hoc. Committee for Environmental Quality. Mr. Hyde advised that Councilman Johnson had thought that a committee of ten wbuld be adyisable, with representatives from the Council, the Park Board and the Planning Commission. be consulted. porting the 'Iconcept of strong state authority for water-management, with regional authority to deal with specific problems; municipal powers to acquire and protect Village open lands and water resources and the establishment of a natural resources commission to advise the Village Council" was noted. SALE OF l@t7 LIBRARY TO COUNTY AUTHORIZED FOR $525,000. Referring to a memo from Mr. Dalen to the Council, Mr. Hyde recalled that he and Mr. Dalen had met with the County Business Administrator and the County Libraxian:sqho had rejected the price of $600,000, primarily on the basis of the increase in building costs since the 1ibrary.was built. Mr. Hyde said that after some discussion, the prtce-of $525,000 was reached as a tentative'agreement and that he would assume the art pieces-would be included in the sale; ing some discussion, Councilman Shaw's motion authorLz.%ng sale of the new The matter of the Mayor Bredesen The matter was continued so that Councilman Johnson could .Receipt of a letter from the Edina League of Women Voters SUB- Follow- 6/7/71 Library building to the County for- $525,000 was seconded by Councilman Courtney and carried. I LEAGUE OF MINNESOTA MLJNICIPALITIES CONFEmNCE was announced by Mr. Hyde. The Conference will be held at the Radisson South on June 9, 10 and 11, 1971. BIDS AUTHORIZED FOR VARIOUS IIPROVEMENTS. man Courtney offered the following resolution and moved its adoption: As recommended by Hr- Dlinn, .Council- RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS . FOR SAhITARY SJiNERS NOS. SS-296 & SS-298 WATERMAIN NOS. WBI-264, TJM-265, 1JN-266 & 1*?31-269 STOBI SEX?ER NO. ST S .-129 PEFWNENT STREET SURFACING NO. BA-180 BE IT RESOLVD BY THE VILLAGE COUNCIL, VILLAGE OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the Village Eng- ineer 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 Sun and Construction Bul- letin the following notice for bids for improvements: (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOB BIDS WATERMAINS NOS. IJM-2-64, llM-265 , IJM-266 & tM-269 STOM SENER NO. ST.S.-129 The plans and-specifications for the proposed improvements set forth in the SANITARY SENER NOS. SS-296 & SS-298 PERMANENT STREET SURFACING NO. BA-180 BIDS CLOSE JUNE 18, 1971 . SEALED BIDS will be received and opened in the Council Chambers in the Edina Village Hall, 4801TJ. 50th Street, at 11:OO a.m., Friday, June 18, 1971, and the Edina Village Council will meet at 7:OO p.m., Monday, June 21, 1971, to consider said bids for the construction of Sanitary Sewers, Plater Mains, Storm Sewer and Permanent Street Surfacing. of major items: The following are approximate quantities 478 L/F 8" D.I.P. Sewer Pipe 1,918 L/F 9,' V.C.P. Sewer Pipe 5,760 L/F 6'' D.I.P. later Main 290 L/F' 1%" Coper Water Main 1,189 L/F 12" - 30" RIC.P. Storm Sewer 5,350 C/Y Excavation 3,580 Tons Class 5 Gravel 17 Standard Manholes 9 Standard Fire Hydrants 16 Standard Catch Basins 11,600 S/Y 2" Thick Bituminous Paving work must'be done as described in plans and specifications on file in the office of the Village Clerk. of $25.00 (by check). specifications with a bona fide bid. 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 the amount of base bid. BY 0RDE.R OF TP EDINA VILLAGE COUNCIL. Plans and specifications are available for a deposit Said 'deposit to be returned upon return of the plans and The Council reserves the right to reject any or all bids. Florence B. Hallberg Village Clerk Motion for adoption of the resolution-was seconded by Councilman Shaw and on rollcall there were three ayes and no nays and the resolution was adopted. EDENBROOK AREA EMERGENCY ACCESS APPROVED. Mr. Hyde recalled that, because of the improvement of T.B. 100, the only point of ingress and egress to the Eden- brook area is now over the M.N.& S. Railroad tracks at TJ. 49th Street. With the aid of the iziewgraph, Mr. Dunn showed a map of the area which indicated plans of the Village to surface, t-o a minimum degree, an emergency route just East of the tracks between Id. 44th and W. 48th Streets. Mr. Hyde recommended opening up the radius at the corner of Westbroolc Lane and W. 49th Street and said that the rgelroad would be requested to install a signal at 11. 49th Street,, Blr. Timothy Stone, 5131 Motor Street, said that he was speaking'for fbur resi- dents in the area who want a chain put across the emergency route as soon as it is completed to keep use of the route to a minimum. Several unidentified persons spoke, with one gentleman saying that the State should build a bridge across Minnehaha Creek to give an outlet to Cascade Lane. Nr. Dunn agreed that the bushes on the West side of Brookside Avenue at8. 49th Street should be trimmed down to provide better visibility af the intPrsedtfon;' Eollbwing I I I 6/7/71 considerable discussion, Councilman Shaw moved approval of the alternate access emergency route between W. 44th and W. 48th Streets, will chains at each end, with the understanding that an appeal be made to the. Public Service Commission for signals by the tracks at W. 49th Street. The motion was seconded by Councilman Courtney and carried. ORDINANCE NO. 401-A1 GRANTED FIRST READING. Councilman Courtney offered the following ordinance for First Reading: ORDINANCE NO. 401-A1 AN ORDINANCE BMENDING THE BUILDING ORDINANCE (NO. 401) TO REQUIRE A PERFORMANCE BOND FOR LANDSCAPING WORK PRIOR TO ISSUANCE OF A BUILDING PERMIT As recommended by Mr. Hyde, THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Additional Powers of Building Inspector is hereby renumbered Sec. 9. hereby amended by adding a new Sec. 8 as follows: Section 1. Renumbering of Sections: Sec. 8 of Ordinance No. 401 entitled Sec. 2. Performance Bond for Landscaping Work. Ordinance No. 401 is "Sec. 8. Performance Bond for Landscaping Work. In every case where landscaping is required by any ordinance oE .the Village, or by an approval granted by the Village pursuant to any ordinance of the Village, for a building or structure to be constructed on any property, the applicant for the building permit shall file with the Village Planner a performance bond with a corporation approved by the Village Council as surety thereon, in an amount to be determined by the Village Planner, but for at least one and one-half times the amount estimated by the Village Planner as the cost of completing the required landscaping and not to exceed twice said amount, said bond to be. in force for at least two com- plete growfng seasons subsequent to the completion of the required land- scaping to insure proper planting and growth and otherwise to be in form and substance acceptable to the Village CounciI. landscaping shall include screening when 'to be done by the use of shrubs, hedges, bushes, or other gyowing things. No building permit shall be issued until such bond, when required hereunder is filed with the Vil- lage Planner." For purposes hereof,. Sec. 3. This ordinance shall be in full force and effect immediately upon its passage and publication. ORDINANCE NO, 451-A1 GRANTED SECOND READING, Mr. Hyde presented Ordinance No. 451-A1 for Second Reading, whereupon Councilman Courtney offered Ordinance No. 451-A1 for Secbnd Reading and moved its adoption as follows: ORDINANCE NO. 451-A1 AN ORDINANCE AMENDING ORDINANCE NO. 451 RELATING TO REGULATION OF SIGNS AND PENALTIES FOR VIOLATION THEREOF THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph (5) of Section 6 of Ordinance No. 451, relating to signs, is amended to read as follows: II(e) Violations and Fines. 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, insecure 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 improperly maintained, or is in violation of any other brovisions of this ordinance, he shall give written notice of such violation to the owner or permittee thereof. , If the permittee or owner fails to remove or alter the sign's0 as to comply with the provisions set forth in this ordinance within 24 hourse following receipt of said notice, Village by proceedings taken under Minnesota Statutes, Chapter 429, and the cost of abatement, including admiriistration expenses, may be levied as a special assessment against the property upon which the sign is located; or such permittee or owner may be prosecuted for violating this ordi- nance and if convicted shall be guilty of a misdemeanor, and subject to a fine of not exceeding $300 or imprisonment for a period of not exceeding 90 days. Each period of.24 hours within which the sign is not removed or altered shall be deemed to constitute another violation of this ordinance and punishable as a misdemeanor hereunder. If the owner or permittee shall have been given. notice of a violation hereunder and shall have removed or altered the sign, and shall then re-erect or install a sign which is the same as or similar to the sign as to which notice of viola- tion was given, such re-erection or installation shall be deemed a violation If the Village Building Inspector or his (a) such sign shall be deemed to be a nuisance and may be abated by the (b) 6/7/71 this ordinance, and no notice of such violation shall be required." Sec. 2. This ordinance shaLl be in full force and effect upon its passage and publication. >lotion for adoption of .the ordin rollcall there were three ayes and n ATTEST: gL i5-h * Village Clerk - ORDINANCE NO. 621-A1 GRANTED SECOND READING. As recommended by Mr. Hyde, Council- man Shaw offered the following ordiiance: and moved its adoption: ORDINANCE ND. 621-A1 AN ORDINANCE TRANSFERRIAG PROPERTY FROM FIRE ZONE 2 TO FIRE ZONE 3 .. The description of Part A of Fire Zone Two of the Village, as THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: set forth in Ordinance No. 621, is hereby amended by adding at the end of the following : the foregoing description." and publication. Motion for adoption of the ordinanc rollcall Section 1. "Lot 1, Block 1, Hedberg Parklawn 1st Addition, is hereby excepted from Sec. 2. This ordinance shall be in full force and effect upon its passage there were three ayes and no ATTEST: A- 7lh Village Clerk ORDINANCE NO. 812 ADOPTED AT SECOND READIHG. 812 for Second Reading, which ordinance regulates radio and television antennas. Mr. Erickson advised that he had met with Dr. John DuBois, 7005 Heatherton Trail, and Mr. G. A. Anderson, 5820 Chowen Avenue, and that the*iordtrrance-.Bs now written recognizes existing situations in the Village as to height and accommodates all existing antennas except those in.the Industrial District. Anderson thanked Village officials for their cooperation in the matter. In reply to a question as to the permit fee, Nr. Hyde said that the permit fee is provided under the Uniform Building Code and that; permits are far below the cost of issuance. No further discussion was heard, whereupon Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: Nr. Hyde presented Ordinance No. Dr. RuBois and Mr. ORDINANCE NO. 812 AN ORDINANCE REGUIATING CONSTRUCTION AND MAINTENANCE OF RADIO AND TELEVISION ANTENNAS AND SUPPORTING TOWERS AM) PROVIDIhZ PENALTIES THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA. ORDAINS: Section 1. Definitions . (a) "Antenna", as used-in this ordinance, means that portion of any equipment used for transmitting or receiving radio or tele- vision waves located on the exterior or-outside of any building or structure; (b) "Tower", as used in this ordinance, means any pole, spire, or struct- ure, or any combination thereof, to which the antenna is attached and all sup- porting lines, cables, wires and braces. Sed. 2. Permit Required: Exception. No antenna or tower of any kind shall hereafter be erected, constructed or placed, or re-erected, reconstructed or replaced, anywhere within the Village without first making an application for and obtaining from the Village a permit therefor; provided, however, that, except for the provisions of Sec. 7 hereof, this ordinance shall not apply to, and no permit shall be required for, (a) an antenna and tower, or antenna alone, on the roof or chimney of a building if the antenna and tower, or antenna without a tower, does not exceed a height of 6 feet measured from the highest point of the antenna and tDwer, or of the antenna without a toucr, to the nearest point at which the antenna or tower is attached to the roof or chimney of such Suilding, or (b) antennas and towers used bjy-.the Village for Village purposes. Sec. 3. Permit: Application; Issuance; Fee. Application for such p.ermit shall be made to the Building Inspector in the same manner, and containing the same information, as for a building permit pursuant to Ordinaxe No. 401, as amended from time to time, and the Uniform Building Code therein adopted. A fee equal to that which would have been payable if a building permit had been applied for shall be payable at the time application is made. I I I I 6/7/71 See. 4. Construction Requirements; Height Restrictions. All antennas and towers hereafter erected, constructed or placed anywhere within the Vil- lage and all wiring therefor shall comply with the following requirements: from time to time, including the applicable provisions of the Uniform Build- ing Code and Uniform Building Code (Standards) therein adopted shall be com- Plied with in addition to those set out in this ordinance. of any tower or antenna, or any equipment or lines used in connection therewith or connected thereto, shall be constructed or maintained, at any-time, perman- ently or temporarily, in, upon or over any required setback area or any required yard area for the district in which the antenna or tower is to be located, nor shall any tower, antenna, equipment or lines be located between the principal or any accessory building on the lot or plot and the required front street or side street setback area. or guy lines attached to any such 10 foot tower may be constructed and main- tained within the interior side yard and rear yard setback areas. following height restrictions: (a) All applicable provisions of Ordinance No. 401, as amended (b) Except as provided in subparagraph (c) of this Sec. 4, no part (c) The 10 foot towers referred to in Sec. 7 hereof and an antenna (d) 1) Antennas and towers shall not be erected in violation of the In any District -other than the Industrial District: (aa) The tower shall not be in excess of 50 feet in height when attached to the ground even though also attached to a building, measured from the highest point of the tower to the ground at the base of the towerr The tower shall not be in excess of 25 feet in height when ataached to a building and not attached to the ground, measured from the highest point of the tower to the near- est point at which the tower is attached to the building. The antenna shall not extend more than 10 feet above the highest point of the tower, except that the radiating element of a ground plane antenna,may extend up to 15 feet above the.highest point of the tower. An antenna attached to a building but not attached to a tower sh'all not extend more than 10 feet, or, as to the radiating element of a ground plane antenna, 15 feet; above the nearest point at which the.antenna is attached to the building. The antenna and tower shall not exceed 75 feet in height when attached to the ground or a building, measured from the highest point of the antenna and tower to the ground . at the base of the tower. If attached to a building, the height shall-be measured from the highest point of the tower to the building at the base of the tower and adding the height of the building at the point where the tower is attached. , (bb) (cc) 2) In any Industrial District: (aa) 3) In any event, and in every district, not.in excess of a height equal to the distance from'the b.ase of the antennh and tower to the near- est electrical power line (excluding secondary electrical service lines or "service drops"), less 10 feet. (6) Towers, except for the 10 foot €owers referred to in Sec; 7 They shall not be constkcted of wood, including timbers No part of any antenna or tower, nor any lines, cables, equip- hereof, shall be constructed of steel or other corrosive-resistant, non-com- bustible materials. or logs. ment, wires or braces in conneetion with either, shall, at any time, extend across or over any part of the right of way of any public street, highway or sidewalk. Antennas and towers shall be designed to resist two times the wind uplift calculated pursuant to the Uniform Building Code adopted in. Ordinance No. 401. -against a direct'strike by lightning and shall and connections, with all applicable state statutes, regulations and stand- ards. cloth or like material to a height of at least 8 feet above the ground to prevent climbing of the tower by unauthorized persons. Sec. 5. Existing Antennas and Towers; Continued Use: Replacement. Antennas and towers i'n existence 'as of the effective date of this ordinance and which do not conform to or comply withathis ordinance are subject to the following provisions : They may continue to be used for the purposes noiq used and as now existing, except as below pravided, but may not be replaced, expanded, (f) (g) (h) Antennas and towers shall be adequately' grounded for protection comply as to electrical wiring (i) Every tower affixed to the ground shall be wrapped in hardware (a) I 6/7/71 / c enlarged or added to in any way without complying in all respects with this ordinance, except that antennas may be replaced, without so complying, provided the new antenna or antennas fully comply with the provision of this ordinance applicable to antennas. (b) If sukh antennas or towers are, or either of them is, hereafter damaged or destroyed due to any reason or cause whatsoever, the same may be repaired and restored to its former use, location and physical dimensions upon obtaining a buildini permit therefor but without otherwise complying with this ordinance; provided, however, that if the then cost of repairing or restoring such damaged or destroyed antenna or tower would be 50% or'more, as estimate8 by-the Village Council or some official designated by it, of the cost of purchasing and erecting a new antenna and tower of like kind and quality and to the former use, physical dimensions and location, then the antenna and tower may not be repaired or restored - except in full compliance with this ordi- nance . period longer than 15 years from the effective date of this ordinance but shall be removed, or be made to comply with this ordinance within six months after the end of said 15 year period. affixed or attached to it in any way any lights, reflectors, flashers, or other illuminating device, or any signs, banners or placards of any kind, except one sign not over 10 square inches indicating the name of the manufacturer. tower shall have constructed thereon, or attached thereto, in any way, any platform, catwalk, crow's nest or like structure. Sec. 7. Number of Towers and Antennas Allowed. (a) Only one of the towers referred to in Sec. 2 (a) hereof shall exist at any one time on any one lot or plot. As to other towers hereby regulated, not more than three towers shall exist at any one time on any one lot or plot; provided, however, that two of said towers shall not exceed 10 feet' in height, shall blend with the s_urroundings, shall be shielded from adjoining properties by shrubbery or fences and shall be used for gay wi-re support and/or dipole or V-type antenna purposes only, with each pole to have but one guy wire and/or antenna wire attached to it. out a tower pursuant to Sec. 2 (a) hereof. Any number of antennas may be erected on any one tower (except the 10 foot towers referred to in Sec, 7 hereof), or on any one lot or plot without a tower, but all such antennas, in the aggregate, shall not exceed the mass, bullc or size of one 3-element Triband beam antenna with a lowest frequency of 14 megacycles. For purpases hereof, 9 lot or plot shall include the definitions in Sec. 11 of Ordinance No. 811 and shall also include any one or more lots or plots owned by the same person or persons and used as a single tract. may be granted in the same manner as variances are granted under Ordinance No. 811 of the Village. used for six successive months, commencing after the effective date of this ordinance, shall be deemed abandoned and may be required to be removed in the same manner and pursuant to the same procedures as for dangerous or unsafe buildings established by Ordinance No.-471 and by Ordinance No. 401, as such ordinances are amended from time.to.time, and by the Uniform Building Code adopted by Ordinance No. 401, provisions of this ordinance shall be guilty of a misdemeanor and punished by a fine of not more than $300, or imprisonment for a period not to exceed 91) days, together with the costs of prosecution in either case. Each day such violation continues shall constitute a separate offense and be punished accoEd- ingly, or phrase of this ordinance is for any reason held to be invalid or unenforce- able as to any person or circumstance, the application of such section, sub- section, clause or phrase to persons or circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and all provisions hereof, in all other respects, shall remain valid and enforceable , interfere with, abrogate or annul any covenant or other agreementabetween parties; provided, however, where this ordinance imposes a greater restriction upon the use of premises for antennas or towers than are imposed or required by other ordinances, rules, regulations or permits, or by covenants or agreements, the provisions of this ordinance shall govern. (c) No such antenna or tower shall be used or remain erected for a Sec. 6. Lights and Signs; Crows' Nests. No antenna or'tower shall have No (b) (c) Only one antenna may be erected on a lot or plot with or with- (d) Sec. 8, Variances. Variances from the strict provisions of this ordinance Sec. 9. Abandoned Towers: Removal. Any tower and antenna which is not Sec. 10. Viblations; Penalty. Any person who shall violate any of the Sec, 11. Partial Invalidity. If any section, subsection, sentence, clause ~ Sec. 12. Interpretation. It is not the intention of this ordinance to I I - I 6/7/71 Sec. 13. This ordinance shall be in full force and effect immediately upon its passage and publication. on rollcall there were three ayes' and DRIVERS LICENSE ACCOUNT SIGNATORY RESOLUTION ADOPTED. Upon being advised by Mr. Dalen that a signatory resolution is necessary for the Drivkrs License . Account-at First Edina National Bank, Councilman Courtney offered the follow- ing resolution and moved its adoption: SIGNATORY RESOLUTION (FIRST EDINA NATIONAL BANK) BE IT RESOLVED that the persons below named be, and they hereby are, authorized to act for the Village of Edina Drivers License Account in the transaction of business with the First Edina National Bank (hereinafter referred to as the "bank"), such authority including authority on behalf of or in the name of the Village of Edina Drivers License Account from time to time and until. written notice to the bank to the,contrary, to sign checks against said account, which checks will be signed by the persons listed below: Group A Group B Frances J. Grinley J. N. Dalen Vonice M. Logefeil Florence B. Hallberg Arlene D. i?est The bank is hereby authorized and directed to honor and pay any check against such account which is signed by oqe person from each group, whether or not said check is payable to the order of, or deposited to the credit of, any officer or officers of the Village, including the signer or signers of the check. Motion for adoption of the resolution was seconded by Councilmari Shaw'and on rollcall there were three ayes and no nays and the resolution was adopted. FIRE DEPARTMENT SALARY RESOLUTION FOR 1971 ADOPTED. Councilman Shaw offered the following resolution and moved its adoption: BE IT RESOLVED that the maximum salaries and wages for the Fire Department be established as follows for the year 1971: As recommended by Mr. Hyde, e RESOLUTION - Base Additional*k* Total Chief $1 , 235 As si s t ant Chi e f 1,120 Lieutenants 2 years service $9 80 $20 1,000 1 year service 965 20 985 1s t year 935 20 955 Drivers - Inspectors 920 20 9 40 Firemen 4 years service 895 20 9 15 3 years service 860 20 880 2 years service 825 20 845 1 year service 790 20 8 10 First year 705 20 725 Off-duty calls and drills - 150% of a fire fighter's hourly base rate, with a minimum of 2 hours for each off-duty call. $4.25 for each off-duty drill ~~f~~~Whe additional $20 per month to be paid represents compensation for the fact that Edina's pension costs and benefits are lower than cities which have independent fire pension funds. sidered compensation for such duties as Manager. This $20 per month shall be con- may be assigned by the Village Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were three ayes and no nays and the resolution was adopted. TREASURER'S REPORTS as of March 31 and April 30, 1971, were presented by Mr. Dalen, reviewed and ordered placed on file. LIQUOR FUND REPORT as of April 30, 1971, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney and carried. INCOME PROTECTION INSURANCE CONTINUED TO JUNE 21. Mr. Hyde advised that, in connection with negotiations with the Police, -F-Tre"and' Public IJbrEs Depart- 6/7/71 ments for the current year, the question has been raised as to what happens to a man who is relatively new with the Village who becomes seriously incapacitated for a long period of time and does not have much sick leave. to a memo from Mr. Dalen furnishing quotations for coverage by variou’s insur- ance companies which were obtained some four months ago. representing Fire Fighters’ Local No. 1275, pointed out that concern was felt about the possibility arising where a man is injured on a permanent basis. Following some discussion, Councilman Shaw’s motion was seconded by Counc5lman Courtney and carried, authorizing Mr. Dalen to obtain current figures for various programs for budget protection insurance. BUDGET CALENDAR for the *1972 Budget was presented by Mr. Dalen and -accepted for. filing, by motion of Councilman Courtney, seconded by Councilman Shaw and carried, JAMES HENSLEY SUIT MISTRIAL DECMRED. of the conduct of the plaintiff’s att me action taken by Frances Russ against/8%&e Sanitarian, James Hensley. EI!IPLOYEE CHARGED WITH STEALING VILLAGE PROPERTY. Council that an employee who had been apprehended stealing Village property has been charged and taken to the County jail. Mr. Hyde referred Mr. Ted Paulfranz, I Mr. Hyde advised Council that, because a mistrial had been declared in the Mr. Hyde regretfully advised PURCHASE OF “PHOENIX” TO BE DETERMINED, chase the “Phoenix” which is a dfulpture presently on display in the Edina Library. Mr. Dalen know their decision. CLAIMS PAID. carried for payment of the following claims as per Pre-List: General Fund, $67,713.7 1; Construction Fund, $1,668.37 ; Park, Park Construction, Sinking, Swimming, Arena, Golf, Gun, $36,612.87; Water Fund, $8,188.44; Liquor Fund, $36,658.27; Sewer Fund, $10,477.94; Improvements, $2,522.07; PIR and Poor, $70,724-89; Total, $234,566.45; and for confirmation of the payment of the following claims: General Fund, $25,985.09; Park, Park Construction, Swimming, Golf, Arena, Gun, $8,334.28; Vater Fund, $2,118.77; Liquor Fund, $109,587.78; Sewer Fund, $7.51; Total, $186,933.43. Mr. Dalen requested authority to pur- Council will inspect the sculpture within the next few days and let Councilman Courtney’s motion was seconded by Councilman Shaw and I =*&ET VACATION CONTINUED; SECOND READING OF ORDINANCE NO. 811-A10 CONTINUED, Hearing on &he prag6Bed *vScat$.on”6f a Gorciofi 6f Ryan-Aysand the Second Read- ing of Ordinance No. 811-A10 requiring four members of Council to be present, these items were held until the end of the meeting. Valkenburg had not yet arrived, Councilman Shaw’s motion continuing these matters to June 21, 1971, was seconded by Councilman Courtney and carried, No further business appearing, Councilman Shaw’s motion for adjournment was seconded by Councilman Courtney and carried, Because Councilman Van Adjournment at 9:05 p.m. Village Clerk I