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HomeMy WebLinkAbout19720515_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILLAGE HALL ON MAY 15, 1972 Members answering rollcall were Councilmen Courtney, Johnson, Van Valken- ' : burg and Mayor Bredesen. by motion of Councilman Van Valkenburg, seconded by Councilman Courtney and carried. "RESPECT FOR LAW WEEK" PROCLAMATION ADOPTED. week of *May 22-29, 1972, as "Respect for Law I?eek** and presented the following proclamation to Mr. John Phillips, president of the Optimist Club: WKeREAS, crime and its effect upon the lives and property of our ditizens continues undiminished, despite efforts by government, citizens' organizations and many individuals; and WHEREAS, the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strengths of our communities and their citizens; and WHEREAS, there is still a reluctance on the part of many citizens to involve themselves in actions to insure the protection, rights and well-being of their fellow citizens; and WHEREAS, Optimist clubs and their members continue to sponsor and support programs aimed at combating crime and disrespect for law through year-round efforts ; NO", THEREFORE, BE IT RESOLVED, that I, Arthur C. Bredesen, Jr., Mayor of the Village of Edina, Minnesota, do p.roclaim the week of May 22-29, 1972, as mSPECT FOR LAN WEEK, and ask all citizens of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. . Minutes of May 1, 1972, were approved as submitted Mayor Bredesen proclaimed the "RESPECT FOR LAW WEEK" PUBLIC HEARINGS CONDUCTED ON PROPOSED LMPROVEbiENTS. presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as here- inafter recorded : A. CONSTRUCTION OF STORM SEWER IMPROVEMENT P-ST.S.-131 IN THE FOLLOWING: Easement line in South 20 feet of Lot 11, Block 2, Richmond Hills 2nd Richwood Drive from easement line to 160' -f- North Affidavits of Notice were Addition from pond to Richwood Drive Mr. Hyde presented total estimated project cost at $13,487.19, proposed to be assessed against 382,509 assessable square feet at an estimated cost of $0.03526 per square foot. ment which had been signed by nearly all of the residents in the area and referred also to a letter from Mr. and Mrs. Neil Richardson who also oppose the improvement. With the aid of the View-Graph, Mr. Dunn showed slides of the area in question indicating the drainage of water from the entire area over Lot 11, Block 2, Richmond Hills 2nd Addition, into a ravine and'into a low spot. ance but has been unable to prevent the erosian that has taken place. response to a question of Councilman Courtney, Mr. knn e saiEf gr e gtat the berm had been built higher than normaqkt that the water still/$r%ns ovgr the yard. Mr. Thomas O'Meara, attorney representing Mrs. Donald LeBaron who ownes Lot 11, reviewed the past history of the property which is located at 5236 Richwood Drive. He recalled that Mrs. LeBaron had been told that nothing could be done to alleviate the problem until the Vernon Avenue storm sewer was complete and teqaested khat a".ostbi-m sewer should be ins talled .at this time/&$ercome Mrs . Le Baron's problem. Mr. O"Mea,ra added that @&her stands in the low spot most of the time and that it is a potential danger to children. He urged construction of the storm sewer over the easement on Mrs. LeBaron's property, pointing out that the pipe installed must be large enough to'accept the storm water from the street as well as from the back yard area. Mr. O'Meara also requested that the ravine which has been washed out over the years be filled in and sodded and that the Village would be liable for alzy accidents which might occur in theb permanent pond--which is proposed. objected to the proposed storm sewer, stating that his property gets the runoff from Mrs. LeBaron's property and that there has n'ever been water there for more than two weeks after a long series of storms and that that water is never more than I% 'feet deep. the contractor installed the pipe under the road and drained water from the other side of Vernon Avenue into this 1ow.spot on Lots 9 and 11. that Mrs. LeBaron had not brought her problem to the neighborhood association and that he would not be able to have a skating rink in his back yard if the storm sewer is installed. Objections to the storm sewer were also heard from Mr. Dyer Powell, 5224 Richwood Drive and Mr. C. L. Thompson, 5252 Richwood Drive: Mr. Dunn added that Mrs. LeBaron's objections were not so much to standing water as to the damage that the running water causes. Mr. Hyde referred to a petition a$posing the improve- Mr. Dunn advised that the Village has done considerable mainten- In Mr. Edward Getsch, 5233' Richwood Drive, He recalled that at the time Vernon Avenue was improved, I He added He advised an 5 /15/72 -*. unidentified gentleman in the audience that the method of assessing Mrs. Baron's property would be determined at the-assessment hearing rather than at this time., Following considerable discussion, Councilman Johnson's motion was ' seconded by Cbuncilman Courtney and carried that the matter be continued to June 5, 1972, with the understanding that Messrs. Getsch, Powell and O'lfeara work with Mr. Dunn to attempt to find a satisfactory golution to the problem, and so that Council will have an opportunity to view the site. B. CONSTRUCTION OF STOh SEWER I&PROVEMENT P-ST.S.-132 IN THE FOLLOWING: Easement line from low point in back yard 85036 Juanita to existing catch basin in alley west of Edina Covenant Church, #4201 West 50th Street. Nr. Hyde presented total estimated construction cost at $3,526.58, proposedb be assessed against 30,272 assessable square feet at an estimated cost of $0.116496 per assessable square foot, Dunn showed a-kap of the property in question and showed slides of the area. He recalled that at the time the Edina Covenant Church parking lot was con- structed, the area was filled, creating a low spot in the rear of Lot 5 and Causfng Cwkte~ego i-c~~lectc~riiig-~hea9N.. ma2ns,, x and !added -t~at.-cqrresp~n~~~ce bad bken rec~ved~~aak-.t~,.l~6~ ZeqtxesOing thahnsomes:ac&kad=.be tagend&,@%evfaix ,.Elze problem;: ' Mr. iDunRXaSafifBed~t;h~t~ .the problem is not caused by water from the parking lot but/&ter from the drainage area which flOP7S +- into the low spot. Mr. Marvin Holt, 5036 Juanita Avenue, said that ihe church had built up the parking lot so that water which formerly drained to that area now drains to his back yard in the spring and after heavey rains to a depth of one to 1% feet'so that it has been necessary to have his yard pumped. He added that h'e-believes that the cost of the lmprovement should be paid by the church. since before the parking lot was built, the water drained away naturally with- out giving anyone any trouble. Village was remiss in approving the-construction by the church. Palmer of the Board of Trustees of Edina Covenant Church denied that water from the parking lot drains intb Mr. Holes property. He advised that water from the parking lot drains to the storm drain near the Youth Education Building and then out the alley toward the catch basin on Indianola Avenue. Mr. Hyde re- ferred to a letter of May 8, 1968, in which Mr. George Hite advised Mr. Holt that a review of the Village's files and building permit records indicates no evidence that the Village at any time diredeed the layout of Edina Covenant Church parking lot or in any way approved the construction plans for this work. The daughter of Mrs . Ema Taus; .5024 -Jn8d~n0~a~"Au~,~.recal~e8~trhat.. her family formerly gardened in the area under discussion. it was a natural low spot, but that before the parking lot was built, water never stayed there. She recalled also that the church had not lived up to its agreement to plow the parking lot and that when it is plowed it is plowed to- ward her mother's property which olily worsehs conditions. Mayor Bredesen said that he had lived at 4215 W. 50th Street and had never seen water collect in the area, It was brought out that in past years the church has hauled snow away and that the situation is somewhat improved. Councilman Johnson pointed out that the church should be able to use its property in a reasonable way.' Mayor Bredesen said that he was not sure that the parking lot was constructed in a reasonable manner. Nr: Rudolph Janzen, 5040 Jnanita Avenue concurred with Statements made by Mr. Holt and said that he believed that the church should be responsible for paying the entire cos? of the improvement. Norton, 5032 Juanita Avenue, expressed hgr ymyxiEhxhertthe grgzyament of her . neighbors. Councilman Johnson' s motion/w% en secon8e89y councilman 'Van Valkenburg and carried. (See Resolution Ordering Improvement later in Minutes.) Mayor Bredesen pointed out that the method of assessment would be determined at the Assessment Hearing which will be held after the improvement has been installed. C. Le Vith the aid of the View-Graph, Mr. ~ -.- : :.. , . - - Bir. Holt further suggested that somecme from:Ehe Mr. John She recalled that Mrs. Ann CONSTRUCTION OF GRADING, GRAVfiLING AND UTILITY RELOCATION IMPROVEMENT NO. P-C-112 IN THE FOLLCHJING: Lincoln Drive from Londondkry Road to South 7th Street Interchange I), CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEHENT NO. P-BA-190 IN THE FOILOWING: Lincoln Drive from Londonderry Road' to South 7th Street Interchange Lincoln Drive from South line of Nine Mile North Addition to 60' 3- South of centerline of Dominick Drive (Londonderry Road) Improvements listed under C, D and E above effecting the same properties, public hearings were conducted simultaneously. Mr, Hyde presented total estimated construction cost for Grading, Graveling and Utility Relocation Improvement No. P-C-112 at $441,638.68, $52,614.65 of which is proposed to be paid by Hennepin' County, $151,662.50 is proposed to be paid by State Aid Gas Tax and of 10,887.26 assessable feet, R-1. properties are proposed to be assessed at $8.00 per assessable foot, R-2 properties are proposed to be assessed at $12.00 per assessable foot and Planned Industrial Development and all residential poperty E. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO, P-SS-305 IN THE FOLLOWING: the I I I 5f 15/72 rul k M 63 zoned for high assessable foot. r use than R-2 is Mr. Hyde advised roposed to be assessed at $35.73 per - hat these projects have been brought to hearing because the proposed improvement to County Road 18 removes the access of abutting properties to County Road 18. included in the project and that the Environmental Quality Gommission of the Village has discussed the improvements, inasmuch as the Nine Mile Creek Flood Plain is adjacent to the area under consideration. Mr. LuCe pointed out zon- ing uses along the proposed.Lincoln Drive and noted that the Nine Mil6 Creek Watershed District has been limiting encroachment into the flood plain to 20% of the land which is in the flood plain. Mr. Luce referred to the Mud Lake study of Mr. John Dickson which indicated that if development occurs within their guidelines of 20%, ahere should be no problem with the Mud Lake project options. Mrs. Barbara Casselman, representing the League of Women Voters, was told that Hennepin County had worked with Mr. Dickson and that these improve- ments were taken into consideration in the hydrological study. Screeden of the Edina League of 'IJomen Voters, said that the League had under- stood that the Environmental Quality Commission had appointed a Task Foarce to study the Mud Lake area and decide what the best development would be. recommended that the matter be continued until July at which time the report of the Task Force would be available. Mr. Wallace Kenneth and asked that the improvement hearings be continued until Mr. Kenneth returns to town. Mr, Harvey Hansen of Carl Hansen'Company pointed out that the only reason for building Lincoln Drive was to provide access for the properties that once abutted County Road 18 and that the improvementsand the assessments should be considered together.. pay for the improvements in full. road with concrete curb and gutter and a bridge over the creek would not be necessary if the traffic generated by the Wallace Kenneth multiple dwellings could use the Seventh Street Interchange and at the same time provide access from the industrial properties to the Dominick Drive Interchange, thereby eliminating the bridge and the necessity for a 48 foot road. that this solution would also segregate the residential area from the industrial area. the taking of the access. &pin County, explained that the County's philosophy is that deve2opment is something that is worked out by a developer and by a municipality for, the development or growth of certain areas and 'that he had worked with Village personnel in developing this proposal. either obtain the right-of-way by negotiation or by condemnation and that the circular movement possible under the proposed development would be desirable. Mayor Bredesen asked Mr. Spielmann if it was customary for the County to trade' right-of-way so thae it would be possible for the County to promise to build this road, but deny access onto County.Road 18. the County would negotiate for.the right-of-way on the basis of the value of the property before the raad .szo*lcwas completed and after the road work is completed. Mayor Bredesen said that he wanted this information for the record because sometime there will be a discussion about bhe anount'of the assessment for Lincoln Road as against the value for the loss of access from Highway 18. Mr. Spielmann said that the County treats each case on its individual merits. He advised Mr. Hyde that there is no frontage road because of an internal problem. from loss of access. read a statement referring to Mud Lake as an "irreplacable gift". advised by Mayor Bredesen that Lincoln Drive is being discussed and not Mud Lake. Mr. Ericlcson referred to the Flood Plain Ordinance which will be consid- ered later during this meeting, noting that this orainance might have some impact on the property under discussion. Councilman Johnson's motion was then seconded by Councilman Courtney and carried, continuing the hearings to June 5, 1972. Councilman Johnson then offered the following resolution and moved its adoption: He added that a storm sewer is also - Mrs. Dorothy She Ms. Lois Vlasko said that she represented He said that the County should- Mr. Hansen suggested further that a 48 foot He suggested Councilman Johnson pointed out that the Village hsid nothing to say about Mr. Don Spielmann, Chief Design Engineer for Henn- He'pointed out that the County will Mr. Spielmann replied that Mr. Dunn recalled that there has been previous,discussion of damages Mr. John Telfer of the Environmental Quality Commission He was BISOLUTION ORDERING STORM SEWER IMPROVEMENT NO. ST. S . -132 BE IT RESOLVED by the Council of the Village of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the FoIJowing proposed improvement: CONSTRUCTION OF STORM SEIJER IMPROV~MENT NO. sT.s.-m IN THE FOLLOWING: Easement line from low point in back yard #.5036 Juanita to existing catch basin in' alley IJest of Edina Covenant Church, #420l Vest 50th Street and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement, including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights \ 5/15/72 for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as Storm Sewer Improvement No. ST.S.0132; and the area to be specially assessed therefor shall 5nclude all lots and tracts of land within the following des- cribed boundaries: Brucewood; thence Northeasterly to the Southwest corner of Lot 5, Block 2, Stevens' 1st Addition; thence Northeasterly to a point 8 feet North of the South line and 15 feet East of the West line of said Lot 5; thence Northerly to a point on the North line of said Lot 6, which point is 15 feet East of the Northwest corner of said Lot 5; thence Easterly to the Northwest corner of Lot'6, Block 2, Stevens' 1st Addition; thence Southeasterly to a point on the East line of Lot 2, Block 5, Glenview Addition, which point*is 10-feet South of the Northeast corner of'said Lot 2; thence Southwesterly to a point on the West line of said Lot 2, which point is 60 feet South of the Northwest corner of said Lot 2; thence Southwesterly to a point on the Northeast line of Lot 4, Block 5, Glenview Addition, which point is 75 feet Southeast of the Ntrtheast 'corner of said Lot 4; thence Northwesterly to a point on the Vest line of said Lot 4, which point is 16 feet South of the Northeast corner of Lot 7, Block 3, Brucewood; thence Northwesterly to a point on the North line of said Lot 7, which point is 40 feet East of the Northwest corner of said Lot 7; thence Northeasterly to the point of beginning. Notion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were four ayes and no nays and the resolution was adopted . HOLLYWOOD ROAD EETITION FOR VATERMAIN ACCEPTED. Receipt was noted of a pet- ition for watermain to be installed in Hollywood Road between Vandervork Avenue and Oxford Avenue and referred to the Engineering Department for pro- cessing by motion of Councilman Courtney, seconded by Councilman Johnson and carried. Beginning at the Northeast corner of Lot 6, Block 3, PART OF LOT 49, AUDITOR'S SUBDIVISION NO. 172 DIVISION APPROVED. Affidavits of notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of MoAmCo Corporation for division of a part of Lot 49, Auditor's Subdivision No. 172 so that the parking lot of the old Edina State Bank can be transferred to the new Americana Bank . objections were heard, whereupon Councilman Van Valkenburg offered the follow- ing resolution and moved its adoption: No RESOLUTION WHEREAS, the following described property is at present a single tract of -. land: All of the East one-half '(E%) of the North one-half (N k) of Lot Forty- nine (49), Auditor's Subdivision Number 172, Hennepin County, Ninnesota, except the Northerly two feet (2') thereof, according to the plat of said Auditor's Subdivision Number 172 on file and of record in the office of the +Register of Deeds of said County and State; and VHEREAS,-Ehe owner has requested the subdivision of said tract into separate parceJs (herein called "garcelst') described as follows : That part of Lot 49, Auditor's Subdivision Number 172, Hennepin County, Minnesota, described as follows: of said Lot 49, distant 2 feet South of the Northeast corner thereof; thence South along the East line of said Lot 49 to a point tprein distant 42.16 feet South of the Northeast corner of said Lot 49; thence Westerly to a point in the West line of the 'East 1/2 of said Lot 49. dist- ant 43.3 feet South of the North line of said Lot 49; thence North along said West line of the East 1/2 of said Lot 49 to a point 2 feet South of the North line of said Lot 49; thence East to the point of beginning; and That part of Lot 49, Auditor's Subdivision Number 172, Hennepin County, Minnesota, described as follows: Beginning at a point in the East line of said Lot 49, distant 42'.16 feet South of the Northeast corner thereof; thence South along the East line of said Lot 49 to a point therein distant 26.84 feet North of the Southeast corner of said Lot 49; thence Westerly deflecting to the right 900 03' a distance of 69.84 feet; thence Northwesterly 53.42 feet along a tangential curve to the'right, having a radius of 70 %eet; thence Northwesterly in a straight line, tangent to last described curve,.a distance of 44.37 feet to the West line of the East 1/2 of said Lot 49; thence North along said 5Jest line of the East 1/2 of said Lot $9 to a point 43.3 feet South of the North line of said Lot 49; thence East to the point of beginning, according to the plat thereof on file and of record in the office of the Register of Beginning at a point in the East line Deeds in and for Hennepin __ Councy, Minnesota; and--_-- -~ -- - WHEREAS, it has- been. determined that compliance with the Subdivision and [ Zoning Regulations OI the Village of Edina will crea5e an unnecessary hardship and said Parcels as separate tracts of land d6 not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the Village of Edina Ordinance Nos. 811 NO'IJ, THEREFORE, iY 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 requiremcnts and provisions of Ordfhance No. 811 and Ordinance No. 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land but-are not waived for any other purpose or as to any other provision thereof, and sub- ject, however, tp 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 approval of this Council as may be pro- and 801: vided-for by those ordinances. 5/15/72 c lfodion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted . EDINAWESTLAND GRANTED FINAL PLAT APPROVAL. Mr. Luce presented Edina Westland for final plat approval, noting that all ordinance requirements had been met, whereupon Councilman Van Valkenburg offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF EOINA VESTLAND BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled '"dins T.lestlandsr, platted by Edina West Co., and The First National Bank of St. Paul and'presented at the Regular Meeting of the Edina Village Council of May 15, 1972, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. WARDEN'ACRES LOT 21 REPLAT - PRELIMINARY PLAT APPROVAL HEARING DATE SET. AS recommended by Mr. Luce, Councilman Johnson's motion setting June 5, 1972, as hearing date for preliminary plat approval for Warden Acres Lot 21 Replat was seconded by Councilman CourtAey and carried. LIABILITY INSURANCE LIMITS TABLED. Mr. Hyde called Council's attention to a memo listing liability insurance and bond requirements for licenses required by: other municipalities, noting that Edina's requirements are already equal to, or higher than other suburbs. Following some discussion, Councilman 3ohnson'~s motion to table the matter was seconded by Councilman Van Valkenburg and carried. . SEWER BILLING METHOD QUESTIONED. Mr. Gary Reynolds, 4301 Eton Place, spoke in opposition to the present method of billing residents $10.00 quarterly for sewerage treatment, stating that it would be more equitable to bill on a use basis rather than a uniform rate for each single family dwelling. Bredesen advised Mr. Reynolds that the Village studied this problem long and hard and felt that this was the fairest method of billing. It was also noted that it would be a horrendous bookkeeping problem to bill according to use as .Mr. Reynolds suggested. Following some discussion, Councilman Johnson's motion that.no change be made in the billing method was seconded by Councilman VaneValkenburg and carried. Mayor ' BRAEMAR PARK FOOTBALL FIELD CONSTRUCTION BID AWARDED. Council had authorized negotiation for Braemar Park Football F5:bld grading and construction. Contracting Co., Inc., low bidder at $4,800 and Terry Bros., Inc., second low bidder at $4,960.00. Councilman Johnson's motion awarding contract to recom- mended low bidder, Matt Bullock Contracting Co., Inc., was then seconded by Councilman Courtney and carried. Mr. Hyde recalled that He presented a tabulation of two bids showing Matt Bullock 'REVENID3 SHARI!IIG OPPOSED BY SOME MEMBERS OF WAYS AND MEANS COMMITTEE. recalled action taken by Counci1,at its meeting of May 1, 1972, asking Congress- man Frenzel to vote against revenue sharing. Senator Mills' Vays and Means Committee expressing supplemental and dissenting views of a number of members of the committee. He added that he has sent copies of the report to Minnesota Senators and Representatives and quoted kt in part as saying that "the measure of good government is not how much the government spends, or how heavily it taxes its people, but how economically and efficiently it provides services actually desired by the people"?. ORDINANCE NO. 201 AMENDMENT DROPPED. Mr. Erickson recalled that: he had been instructedto draft an amendment to Ordinance No, 201 to provide that the Police Chief , rather than the Council, authorize public dances. advised Council that thevillage is operating under a statute which provides that the governing body issue such licenses. Mr. Hyde Mr. Hyde read from a report of - Mr. Erickson No action was taken. HEARING DATES SET FOR VARIOUS IMPROVEMENTS. man Courtney offered the following resolution and moved its adoption, setting hearing dates for June 5, 1972, for various improvements: As recommended by Elr, Dunn, Council- RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON IJATERMAIN IMPROVEMENTS NOS. P-FJM-278 AND P-%JM-279, SANITARY SEWER IMPROVEMENT NO. P-SS-306, I& AND STORM SEWER IMPROVEMENT NO. P-ST.S.-133 1. as to the feasibility of the proposed improvements described in the form of The Village Engineer, having submitted to the Council a preliminary report 5 I15 17 2 Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the Village Clerk. 2. This Council shall meet on Nonday, June 5, 1972, at 7:OO p.m,, in the Edina Village Hall, to consider in public hearing the views of all persons interested in said improvements. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) VILLAGE OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARJXGS IJATER MAINS IEIPROVEMENT NO. P-Ial-278 IMPROVEMENT NO. P-WM-279 SANITARY SEWER IMPROVEMENT NO. P-SS-306 STORM SEWER IMPROVEMENT NO. P-ST.S.-133 EDINA VILLAGE COUNCIL will meet at the Edina Village Hall on Monday, June 5, 1972, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. The approximate cost of said improvements are estimated by the Village as set forth below: . A. ESTIMATED COST CONSTRUCTION OF VIILAGE WATER MAIN AND APPURTENANCES IN THE FOLLOWING: 1. IMPROVEMENT NO. P-WM-278 $115,718.7.6 ,Roushar Frontage Road and proposed Frontage Road Road from Lincoln Drive to Vernon Avenue Vernon Avenue from County Road 862 to Walnut Drive Vernon Avenue from Tamarac Drive to the West line of Gleason Third Addition .. 2, IMPROVEEENT NO. P-IM-279 $ 28,452.44 VIEWON APARTMENT SITE Outlot C, Walnut Ridge 3rd Addition from Vernon Avenue to a point on the West line of Outlot C which is approximately 468' ,+ South of the Northwest corner of Outlot C B. CONSTRUCTION OF VILLAGE SANITARY SEWER AND APPURTENz XNCES IN THE FOLLOTJIhIU=.: 1. IMPROVEMENT NO. P-SS-306 " $115,420.18 Walnut Drive from Aspen Road to easement line Eetaeen Lots 7 and 8, Block 3, Walnut Ridge 1st Addition Easement line in Outlots B & C, Walnut Ridge 3rd Addition from easement line between Lots 7 & 8, Block 3, Walnut Ridge 1st Addition South to South side of Vernon Avenue 0 Vernon Avenue from easement line Southwesterly 606' 2 Easement line in Outlot C, GJalnut Ridge -3rd Addition Parcels if1400 and 1600, Section 31, Township 117, Range 21 * C. CONSTRUCTION OF VILLAGE STORM SEWER AND APPURTEN- ANCSS IN THE FOLLOWIRG: 1. IMPROVEMENT NO. P-ST.S.-133 $292 , 241.15 Outlot C, Walnut Ridge 3rd Addition -.thru easements The area proposed to be assessed for the cost of-the proposed Water Main . (Improvement No. P-WM-278) under A-1 above includes Parcels #MOO, #1600, #1800, 112210; #lOlS, #1050, #2230 and 82240, Section 31, Township 117, Range 21; Outlot C, Walnut Ridge 3rd Addition; Tract A, R.L.S. #1145. The area proposed to be assessed for the cost of the proposed Water Main (Improvement No. P-WM-279) under A-2 above includes Outlot C, IJalnut Ridge 3rd Addition. The area proposed to be assessed-for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-306)-under.B-l above includes Parcels #1400, #1600, #1800, #2210, #1015, 81050, #2230 and 1'2240, Section 31, Township 117, Range I .. > 5/15/72 21; Outlot C, Walnut Ridge 3rd Addition; Part of Lot 4, (Parcel 810), part of Lot 4 (Pakel SOlD), part of Lot 23 (Parcel 5225) and part of Lot 23 (Parcel 5630) in Auditor's Subdivision #196. The area proposed to be assessed for the cost of the proposed Storm Sewer (Improvement No. P-ST.S.-133) under C-1 above includes all lots and tracts of land within the following described boundaries: Commencing at a point on the West line of Outlot '*CRp Walnut Ridge 3rd Addition, said point being 75' South of the Northwest corner of said lot; thence East at right angles to the West line of said Outlot r%" a distance 0-f 545'; thence South at right angles to last described line a distance of 190'; thence Southeasterly to a point on the North line of Lot 10, Walnut Ridge Addition, said point being 50"iJest of the Northeast corner of said Lot 10; thence Southerly 50' West Qf and parallel to the West line of Walnut Drive to a point in Lot 11, IJalnut Ridge Addition, said point being 35! North of the South line of said Lot 11; thence Easterly to a point in the East line of Walnut Drive said point being 30' South of the Northwest corner of Lot 2, Walnut Ridge Addition; thence Southeasterly to the Southeast corner 0-f Lot 1, IJalnut Ridge Addition; thence Northeasterly along the North line of Vernon Avenue 70'; thence Southerly to a point on the South line of Vernon Avenue said point being 50' Southwesterly of the Northeast corner of Lot 1, Viking Hills 2nd Addition; thence South- westerly on a line passing thru the Southwest corner of Lot 1, Block 2, Viking Hills 3rd Addition, a distance of 770'; thence Northwesterly at a deflection angle to the right of 102°10'00~' a distance of 590'; thence Northwesterly at a deflection angle to the right of 13°45-'00" a distance of 110'; thence Westerly at a deflection angle to the-left of 32O30' a distance of 142'; thence Northeasterly at a deflection angle to the right of 130000'00" a dis- tance' of 108' to the centerline of Vernon Avenue; thence Northwesterly at a deflection angle to the left of 12O00O'0Or' a distance of 120'; thence North- westerly at a deflection angle to the right of 26°90'00t8 a distance of 75'; thence Southwesterly at a deflection angle to the left of 55°00'00'~ a distance of 195'; thence Southwesterly at a deflection angle to the left of 41°00'00" a distance of 306' to Northerly and Easterly right-of-way line of County Road 18 Frontage Road known as Roushar Road; thence Westerly, Northwesterly along the Northerly and Easterly right-of-way line of Roushar Road to the Northwest corner of Parcel 1600, Sec. 31, T. 117, R. 21; thence Northeasterly to a point in Parcel 1400, Sec, 31, T. 117, R. 21, said point being 273' North of a point 366' East of the Northwest corner of Parcel 1600, Sec. 31, T. 117, R. 21; thence Southeasterly to a point on the North line of Parcel 1600, Sec. 31, T. 117, R. 21 said point being 493' East of the Northwest corner of said Parcel 1600; thence East along the North line of said Parcel 1600 to the West line of Outlot We, Walnut Ridge 3rd Addition; thence North to point of beginning. Flprence B. Hallberg Village-Clerk Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were €our ayes and no nays and the resolution was adopted. BROOKSIDE AVENUE VACATION.HEARING DATE SET. As recommended by Mr. Hyde, Councilman Johnson's motion setting hearing date for June 19, 1972, for vaca- tion of a portion of Brookside Avenue located North of the driveway into Village property across the tracks. VILLAGE HALL REMODELING PLANS REVIEWED. Mr. Hyde presented Mr. Foster W. Dun- widdie who reviewed plans for remodeling the Village Hall at an estimated cost of $200,000, depending on heating and air conditioning needs. that he believes that $35,000 seems high for electrical costs and that the plans would be further reviewed by the staff'. further action is taken, he would like to look into the possibility of acquir- ing the Legion'Hall. acquisition of the Legion Hall and will ldok further at the PBmodeling plans. FLOOD PLAIN ORDINANCE NO. 832 GRANTED FIRST READING. Mr. Hyde presented Flood Plain Ordinance No. 832., noting that it is the result of a considerable amount of work by several members of the staff. ,.Mr. Erickson advised that the State of Minnesota now requires that the Village adopt an ordinance regulating man- agement of flood plains srwithin a reasonable time". has tried to adopt the ordinance to specific needs of the Village while still following the State Code and that before final adoption, the ordinance must go to the Department of Natural Resources for approval. Councilman Johnson said that he believes that the ordinance is an excellent concept and moved that the ordinance be referred to the Environmental Quality Commission and to people who own land within the flood plain for review. Mr. Hyde said Idayor Bredesen said that before any Mr. Hyde said that he would explorethe possibility of He added that hhe staff Motion was seconded by Council- 5/15/72 Courtney and carried. First Reading as follows: Councilman Courtney then offered Ordinance No. 832 for ORDINANCE NO. 832 AN ORDINANCE DESIGNATING FLOOD PLAINS IN AND ABOUT MINNEHAHA CREEK AND NINE MILE CREEK, REGULATING THE USE AM, DEVELOPMENT THEREOF AND OF THE BEDS AND NATERS OF SAID BIINNEHAHA CREEK AND NINE MILE CREEK AND THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Title. referred to shall be "The Flood Plain Management Ordinance". Sec. 2. Declaration of Policv. within the respective flood plains, as hereafter defined, of Nine Mile Creek and Minnehaha Creek in the Village, in their natural state, are a valuable land resource; that development within such flood plains must be regulated on the basis of and with full consideration. of the impact on the total creek along 31ts full length; that such lands are or may be subject to loss, impair- ment and degradation through uncoordinated and unplanned development; that such lands are necessary and desirable to ayoid rapid run-off of surface waters, to prevent polluting materials from being carried directly.."into the natural stream, to preserve adequate ground water infiltration, tb- protect surface and ground water supplies, to minimize the possibility of periodic flooding resulting in loss of life and property, health and safety hazards, disruption of governmental services, extraordinary public expenditures for projects to contain, store and control runoff, and impairment of the tax base, all of which adversely affect the public health, sa'fety and welfare. therefore, the purpose of this ordinance to guide and regulate the orderly development of such lands to insure-maintenance and preservation, in their natural state, of needed and desirable natural water storage areas and water courses and their shorelines and adjacent vegetation and topography and to minimize the possibility of, and pollution and losses resulting from, runoff and flooding, all thereby to promote and protect the public health, safety and welfare. Ordinance No. 811 (the zoning ordinance of Edina), which definitions, to the extent applicable, are hereby incorporated-herein and declared to be a part of this ordinance, the words and phrases used in 'this ordinance shall be interpreted so as to give thempthe same meaning as they have in common usage and so as to give this ordinance its most reasonable application. PRESCRIBING A PENALTY The short form title by which this ordinance may be It is hereby found and declared that lands It is, Sec. 3. Definitions. Unless-specifically defined below or in Sec. 11 of I - Board - means the Board of Appeals and Adjustments of the Village. Channel - means the natural or artificial depression of perceptible extent, with definite beds and banks to confine and conduct, either continuously or periodically, the water in the respective creeks. Commission - means the Planning Commission of the Village. Commissioner - means the Commissioner of the Department of Natural Council - means the Village Council of the Village. Equal Degree of Encroachment - a method of determining the location of Resources of the State of Minnesota. encroachment lines so that the hydraulic capacity of flood plain faiids on each side of a stream are reduced by an equal amount when calculating the increases in flood stages due to flood plain encroachments. - Flood - a temporary rise in stream flow or stage that results in inunda- tion of the areas adjacent to the channel. Flood Plain - the areas established and designated pursuant to Sec. 4 of this ordinance. Obstruction - any storage of material or equipment, dam, wall, wharf, embankment, levee, road, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, deposit, clearing of trees or vegetation, structure or matter in, along, across, or projecting, in whole or in part, into any flood plain. a stream or river influenced by a natural or man-made obstruction. frequency in the magnitude of the 100 year recurrence interval. I -- Reach - a hydraulic engineering term to describe longitudinal segments of Regional Flood -.a flbod which can be expected to occur on an average RegulaEory Flood Protection Elevation - a point not less than two feet above the water surface profile associated with the regional flood plus any increases in flood heights att-ributable to encroachments on the flood plain; the elevation to which uses regulated by this ordinance are required to be elevated or flood prodifed. of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, whether of a temporary or permanent character. Structure - anything that is built or constructed, an edifice or building 5/15/72 Sec. 4. Lands Subject to Ordinances: Establishment of Flood Plain; (a) Interpretation of Boundaries. within the jurisdiction of the Village and shown on the offkial Flood Plain Map as being locatea within the flood plain. ' The flood plain shall be as designaced on the official Flood Plain Map (hereinafter.called the ?Mapr') in the Village Hall, a copy of which is appended to this ordinance. 'The Map, together with all explanatory matter thereon or attached thereto, is hereby adopted by . reference and declared to be a part of this ordinance. file in the office of the Village Engineering Department and shall be open to inspection by the public during normal business hours of the Village. flood plain designation is based upon a regional flood. flood plain established by this ordinance are not accurately shown on the Map, such boundaries shall be determined by scaling distances on the Map. Where interpretation is needed as to the exact location of the boundary of any such flood plain as shown on the Map as, for example, where the Map and an actual field survey vary, the owner or owners of the property affected may appeal in the maimer herein provided 30 the Board for an interpretation. Land Subiect to Ordinance. This ordinance shall'apply to all lands (b) Establishment of Flood Plain. The Map shall be on The To the extent the boundaries of any (e) Interpretation of Boundaries. Sec .' 5 .. . Flood Plain use's: Permits : and Standards. (a) Existing Lan'd Use. No land use shall be changed.nor shall any obstruction be changed in its use or be constructed, erected, added to, alkered, placed or done wholly or partly in a flood plain except in full compliance with all applicable ordinances of the Village and unless a special permie is first obtained pursuant to this ordinance. Without limiting the generality of the foregoing, land use' shall be deemed to have changed when any utilities'are installed in or any road or structure placed on the land. No special permit shall be issued for any use or obstruction to be placed in the flood plain unless the following provisions are complied with: (b) Standards and Conditions for Issuance of Special Permits. (1) A strip of land running aIong all sides of the channel of Nine Mile Cre'elc Qr Minnehaha Creek, as the case may be, contiguous to the land for which the special permit is being considered, and extending from a line not less than 100 feet upland from the nearest bank of the channel of Nine Mile Creek or Minnehaha Creek, as the case may be, to and including the bed of the channel, shall be either (i) dedicated to the Village for public use, or (ii) subjecFed to a perpetual easement in favor of the'village for the purpose of widening, deepen- ing, sloping, improving and protectipg the beds and banks of the creek and the flood plain for hydraulic efficiency and for protecting the natural character of,the land, channel' and flood plain. The Commission shall determine which 'of these options is more appropriate and shall recommend to the Council one of said options. In either case there shall also then be granted to the Village the right in irigress to and egress from said strip of land with men, equipment and material. Where the easement is determined to be in the best interest of the Village, said easement shall also provide that the owners of the area as to which such easement is granted shall not make, do or place any obstruction or structure of any kind on or in such easement area or raise the level of the easement area in any way, but all such right to obstruct and place-structures on and to raise the level of the easement area shall be granted by said easement to the Village. Such dedication or easement need not be given if previously given-to the Village pursuant to Ordinance Nd. 803, No special permit shall be issued for any'obstrucfion or use which, acting alone or in combination with existing or anticipated future uses or obstructions, will 01: may unduly decrease the capacity of the channel or flood plain of the creeks or the capacity of any drainage ditch, facility, area or system, or the channel of any tributary to , the creeks, or unduly increase flood heights, or which othekise will or may result in danger to persons or property. Consideration orE the effects of a proposed obstruction or use shall be based on the reason- able assumption that there will be an equal degree of encroachment extending for a significant reach on both sides of the stream. No special permit shall be issued which will or may result in the placing of any obstruction which- restricts the right of public 'passage and use of the beds, banks and water of Minnehaha Creek or Nine Mile Creek, except obstructions approved by the Minnehaha Creek Watershed District as to Minnehaha Creek, and the Nine Mile Creek Platershed District, as to the Nine Mile Creek, and used fox flood plain manage- ment, in which case adequate provision shall be'made for portaging and passage of watercraft. (2) (3) 5/15/72 (4) No special permit shall be issued 'for' any obstruction or use which, acting alone or in combination with existing or anticipated future uses or obstructions, will or may adversely affect land or water areas essential to the protection of surface and ground water supplies. No special permit shall be issued which will or may result in an obstruction or use incompatible with preservation of those natural land forms, vegetation and adjacent marshes and wet areas of Minnehaha Creek or Nine Mile Creelc which is a principal factor in the maintenance of constant rates ofJgater flow in said creeks throughout the year. No special permit shall be issued which will or may result in the placing of an obstruction on, or-development of, land or water areas essential to temporary withholding of rapid runoff of surface water contributing to downstream flooding or of land and water areas essential for providing ground water infiltration, and which construction or development will or may decrease the capacity of such areas to withhold such surface waters or to provide such ground water infiltration. No special permit shall be issued for any fill unless shown to have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the'filled land will be put, the kind of fill, and the final dimensions of the pro- posed fill or other materials. Such fill shall be protected against erosion by rip-rap, vegetative cover, or bulkheading. No special permit shall be.issued for garbage or waste disposal sites or systems. No special permit shall be issued unless the proposed usecor obstruction has received the approval of all governmental bodies having jurisdiction over such use .or obstruction, including the Nine Mile Creek Watershed District or the Minehaha Creek Watershed District, as the case may be, if said approval is required by the statutes, ordinances, rules or regulations applicable to such governmental bodies and.to such u_se or obstruction. No special permit shall be issued unless the proposed use of obstruction conforms to the land use plans and planning objectives of the Village for the area in which the use or obstruction is to be done or placed. (c) Utilities, Railroad Tracks, Streets, and Bridges. Public utility (5) (6) (7) (8) (9) (10) facilities, roads, railroad tracks, and bridges within the flood plain shall be designed to minimize increases in flood elevations and shall be compatible with the flood plain development plans of the Village and of the Nine Mile Creek Vatershed District or the Ninnehaha Creek Watershed District, as the case may be, (d) Plain Limits. In connection with any proposed development of, or proposed placing of an obstruction in, the flood plain, if the regulatory flood pro- tection elevations and flood plain limits then being used reflect proposed measures for flood control, including water retention areas, then such elevations and limits shall not be effective or used in issuing a special pe-hit until such measures are constructed and operative, unless the proposed measures will increase flood heights, in which event, the regulatory flood protection elevations and flood plain limits used in issuing a special permit shall reflect the anticipat.ed increases. Adiustments or Regulatory Flood Piotection Elevations and Flood Sec. 6. Additional Restrictions. (a) In addition to the requirements set out in Sec. 5 of this ordinance, no special permit shall be issued for an obstruction in the flood plain unless the following provisrins are met: (1) Structures. Structures constructed on fill shall be constructed so that the basement floor, or first floor if there is no basement, is above the regulatory flood protection elevation, fill elevation shall be no more than one foot below the regulatory flood protection elevation for the particular area and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Where existing streets or utilities are at elevations which make compliance with the foregoing sentence impractical, or-in other special circumstances, a variance request may be made to the Board and the Board may auth- orize other techniques for protection of residences, .be at elevations lower than the regulatory flood protection eleva- tion if a special permit is first-granted pursuant to this ordinance. The finished (2) Other Uses. Accessory land uses, such as yards and parking lots may 5.1 15 172 (3) Storage. Any storage or processing or materials that in time of I flooding may be buoyant, flammable, explosive, or could be injurious to human, animal, or plant- life- is prohibited. Administration; Application for and Issuance of Special Permits and Sec. 7. Variances; Certificates of Zoning Compliance. this ordinance. .- shall be applied for and obtained pursuant hereto prior to the construction, erection, addition, or alteration of any improvement, or obstruction, wholly or partly within any part of any flood plain and prior to the change of use of any such improvement or obstruction of any land. and variances under this ordiname shall be made by the owner or owners of the land in duplicate to the Village Planner on forms furnished by the Village and shall be accompanied initially by such of the following information and additional information, data and plans as deemed necessary by the Village Plan- ner for determining compliance with this ordinance, the effects of the proposed activity on the creek, marshes and wet areas in the flood plain, and the suit- ability of the particular site for the proposed use, obstruction or variance: (a) Administration. The Village Planner shall administer and enforce (b) Use Permit and Variance Required. A special permit or variance (c) Application for Permit and Variance. Applications for special permits (1) Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot or plot, existing or proposed obstructions, the relationship of the above to the location of the channel, surface water drainage plans and'floodpFoofing measures. A valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, high water informa- tion, all drainage areas, all land forms and adjacent marshes and wet areas. Plans (surface view) showing elevations or contours of the ground; pertinent obstruction elevations; size, location and spatial arrange- ment of all proposed and existing obstructions on the site; location and elevations of streets, water supply, sanitary facilities; photo- ' graphs showing existing land uses and vegetation upstream and down- stream; and soil types. I Specifications for building construction and materials, f loodproof- ing, filling, dredging, grading, channel improvement, storage of materials, water supply (including withdrawal and discharge of ground and surface water), and sanitary facilities. Description of the water quality if other than a municipal water system is used; maximum yearly withdrawal of glriound waters; the impact: on the receiving creek of discharged surface and ground water. (2) (3) (5) (6) When filing the application the applicant shall pay a nonrefundable fee of $25 for a special permit request of $10 for a variance request. tion, fee and initial information requested, the Village Planner shall review the application and submit it, with his report, to the Commission and also, if a request for a variance, to the Board. submit a copy of the application and his report to the Commissioner and to the Nine Mile Creek !?atershed District or -the Minnehaha Watershed DisErict , which- ever district is appropriate. The Village Planner shall issue the permit upon approval of the application therefor by the Council and shall issue the variance upon approval of the application therefor by the Board, or by the Council upon any appeal of a decision by the Board. Upon compldtion of any work or project pursuant to a special permit or variance granted pursuant to this ordinance, and prior to the use or occupancy of $he land or obstructions permitted by the special permit or variance, a Certificate of Zoning Compli- ance shall be issued therefor by the Village Planner stating that the use of the obstruction and land conforms to the requirements of this ordinance. Prior to issuance of such Certificate, applicant, if requested by the Village Planner, shall submit a certification by a registered professional engineer or land surveyor, as appropriate, that the permitted obstructions, including, but not limited to, finished fill and bklding floor elevations, flood proofing, or other flood protection measures, have been completed in compliance with the provisions of this ordinance and in compliance with the ihformatidn given to the Village in connection with the application for the special permit or variance. and Duties; Appeal5 to Council. (d) Submission of Report. Within 45 days after receipt of the applica- The Village Planner also shallBthen (e) ' Issuance of Permit or Variance. (f) Certificate of Zoning Compliance. Sec. 8. Planning Commission; Board of Appeals and Adiustments; Powers (a) Planning Commission. (1) Powers and Duties. for special permits under this ordinance. review each application for a variance and each appeal to the Board The Commission shall hear and decide all requests Also the Commission shall 5/15/72 , and submit its report thereon to the Board within 60 days of sub- mission to it of such variance application or appeal information. Procedure for Special Permits. the report of the Village Planner, together with the application for a special permit and initial information requested by the Village Planner, and after receipt by the Commission of the recommendation of the Commissioner and of the Nine Mile Creek Vatershed District or the Minnehaha Creek Watershed District, whichever district is appropriate, the application shall be acted upon in accordance with paragraph 6 of Sec. 12 of Ordinance No. 811, except as otherwise herein provided, and except that mailed notice of any hearing before the Council shall be given to owners of property situated wholly or partly within 200 feet of the property affected by the special permit, and except that if the recommendations of the Commissioner and appropriate Watershed District are not received within 60 days after submission to them pursuant to'paragraph (d) of Sec. 7 of this ordinance, the Commission may act upon such application without such recommendations. Board of Appeals and Adjustments. Powers and Duties. and requests for variances in connection with this ordinance on the same grounds and conditions as set out in paragraph 6 of Sec. 12 of Ordinance No. 811, except as otherwise herein provided, The Board shall also hear and decide all appeals pursuant to paragraph (c) of Sec. 4 of this ordinance. Procedure for Variances. After receipt by the Board of the report of the Village Planner, together with the application for a variance and initial infornation requested by the Village Planner, and after receipt by the Board of the report of the Commission, and recommenda- tion of the Commissioner afid of the Nine Mile Creek Watershed District or the Minnehaha Creek Watershed District, whichever district is appropriate, the Board shall act upon such application in accordance with paragraph 6 of Sec. 12 of Ordinance No. 811, except (i) that no variance shall have the effect-of permitting a lower elevation than the regulatory flood proteetion elevation for the individual property under consideration, and (ii) that if the report of the Commission and the recommendations of the Commissioner and appropriate Watershed District are not received within 60 days after submission to them pursuant to paragraph (d) of Sec. 7 of this ordinance, the Board may act upon such application without such report and recommendations, and (iii) in deciding on any variance the Board shall also consider the policies and purposes of this ordinance and all of the standards and conditions set out in Para- graph (b) of Sec. 5 of this ordinance and the degree of conformity with such standards and conditions that will result if the variance be granted. After receipt by the Commission of E The Board shall hear and decide all appeals (3) Proiedure for Appeals. All appeals, when received by the Board, shall be submitted to the Commission for review and report. wise appeals to the Board shall be made and acted upon by the Board, and, if appealed, such appeal shall be made and shall be heard and acted upon by the Council, in accordance with paragraph 6 of Sec, 12 of Ordinance No. 811, except: (i) that the Board shall receive the report of the Commission before making its decision provided that the Board may decide without such report if not received within 60 days after submission to the Commission, and (ii) that the admin- istrative officer whose 'order, requirement, decision or determination is appealed to the Board, may also appeal to ,the Council in accord-' ance with said paragraph 6. Other- *c) Technical Assistance. The Board or Commission may transmit the information received by it to the appropriate Watershed District for technical assistance, where necessary in the opinion of the Board or Commission, to evaluate the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protect- ion, compliance with Sections 5, 6 and 7 of-this ordinance, and other technical matters. (d) Conditions Attached to Special Permits and Variances. The Com- mission and Board may attach such conditions to the granting of special permits and variances as the Commission or Board deems necessary to fulfill the purposes of this ordinance. Notices, Permits and Variances Forwarded to'Conunission and Water- shed Districts. The Commission, Board and Council shall give mailed notice to the Commissioner of each hearing before it for a special permit or variance not less I (e) than ten days before the date of hearing. Also a copy of each 5/15/72 I d M c3 a special permit or variance issued or granted shall be forwarded to the Com- mission and to the secretary of the appropriate - watershed district within 10 days after issuance or granting thereof. Lapse of Variance or Special Permit by Non-user. special permit issued or granted pursuant to this ordinance shall lapse, and may be extended, in accordance with the provisions of paragraph 7 of Sec. 12 of 'Ordinance No. 811. (f) Any variance or Sec. 9. nonconforming Uses and Structures; Lapse; Destruction. (a) before adoption of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions : A Structure or the use of a structure or premises which was lawful (1) No such use or.structure shall be expanded, changed, enlarged, or altered in any way without complying, in all respects, with this ordinance, including, but not limited to, the obtaining of all required permits and variances. If such use is discontinued for-twelve consecutive months, any sub- sequent use of the structure or premises shall comply, in all respects, with this ordinance, including, but not limited to, the obtaining of all required permits and variances.. If any nonconforming structure is destroyed or damaged by any means, including floods, to the extent that the cost of repairing or restor- ing such destruction or damage would be 50 percent or more, as estinated by the Village Council or some official designated by it, of the cost ofere-erecting a new structure of like kind and quality and of the same physical dimensions and location; then it shall not be reconstructed except in-full compliance, in a11 respects, with the provisions1 of this ordinance, including, but not limited to, <he obtaining of all requtred permits and variances. It shall be unlawful for any person, without (2) (3) Sec. 10. Right of Passage. a special permit obtained pursuant to this ordinance, to place any obstruction in Minre haha Creek or Nine Mile Creek or to obstruct, in'any way, the passage of watercraft or to interfere, in any yay,. with the use 'by the public of the beds, banks, waters or channels of said creeks, except obstructions placed by the appropriate.Whtershed District and used for flood plain management, in which case adequate provision shall'be made for portaging and passage of water- craft. Sec. 11. Removal of Obstructions. (a) Natural Obstructions. The Village shall 'have the right of reasonable entry upon lands in the flood plain, including those adjoining Minnehaha Creek or Nine Mile Creek, for the purpose of ingress and egress to the flood plain, and the beds, banks and waters of the creeks to remove any natural obstructions such as, but not limited to, trees, debris, litter and silt. I (b) Artificial Obstructions.> Any aftificial obstruction of the beds, banks, waters or channels of Minnehaha Creek or Nine Mile Creek or in the flood plain not made pursuant to a special permit 0.r variance granted pursuant hereto shall be removed bythe owner of the adjoining-land within LO days after mailing to such owner of a demand so to do by the Village Planner. If the owner shail fail or refuse to remove the obstruction within said time, or if the owner cannot be found or determined, the Village may remove such obstruction and the cost thereof shall be paid by the owner on demand, or may be assessed against the land, and collected in the same manner as prescribed by law for levying and collecting special assessments for municipal improvements. - . Sec. 12. Misdemeanor; Public Nuisance; Penalty. Any person who violates any provision of this ordinance or fails to comply with any of its terms or requirements shall be guilty of a misdemeanor punishable by a fine of not more than $300 or imprisoned for not more than 90 days, or both, and in addition shall pay all costs of prosecution and expenses involved in the case. Each day such violation continues shall be considered a separate offense. tion of this ordinance is hereby declared to be a public nuisance and creation thereof may be enjoined and the maintenance thereof abated by appropriate judi- Nothing herein contained shall prevent the Village from taking such other Sec. 13. Amendments. (a) Every obstruction of use placed or maintained in the flood plain in viola- .. cial action. lawful action as it necessary to prevent, remedy or remove any violation. The flood plain designations on the Nap may be changed by amendment to this ordSnance, and such change, when'made, shall be shown on the Map. If it can be shown to the satisfaction of the-Council that the designation is in error or that the areas are filled to an e'levation at or above the regulatory flood plain, the designation will be corrected by the Council by amendment to this ordinance. -flood protection elevation and are contiguous to other lands lying outside the 5/15/72 (b) All amendments shall be submitted to the Board of Ifanagers of the Nine Mile Creek Watershed District ana the Ninnehaha Creek Watershed District and the Commissioner and shall be approved-by the-Commissioner prior to adoption. Sec. 14. granted by Blinnesota Statutes 1969, Chapter 104. Sec. 15, Interpretation. In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for tk promotion of the public health, safety, prosperity and general welfare. It is not the intention of this ordinance to interfere with, abrogate or annul any covenant or other agreement between parties, nor the provisions of Ordinance Nos. 801 or 811 or any other ordinance of the Village; provided, however, where this ordinance imposes a greater restriction upon the use or improvement of any premises than those impose3 or required by other statutes, ordinances, rules, regulations or permits of the'village, State, Minnehaha -C'Eeek Watershed District or Nine Mile Creek Watershed District, or by covenants or agreements, the provisiosions of this ordinance shall govern. Sec. 16. Partial Invalidity. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable, as to any person or circumstance, the application of such section, subsection, paragraph, sentence, clause or phrase to per- sons or circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected bhereby, and all provisions hereof, in all other.respects, shall remain valid and enforceable. ' Authority. This ordinance. is adbpted pursuant to the authority I Sec. 17. Warning and Disclaimer of Liability. This ordinance does not _imply that areas outside the flood plain or land uses or obstructions permitted within such districts will be free from flooding or flood damages, ordinance shall not create liability on the part of the Village or any official or employee thereof for any food damages that result from reliance on this ordinance or any Village action taken or administration.or Council decision lawfully made hereunder. age and publication. This Sec, 18. This ordinance shall be effective immediately upon its pass- BUILDING CODE ENFORCEMENT BY FEDERAL AGENCIES OBJECTION NOTED. As recom- mended by Mr. Hyde, Councilman Johnson.offered the following-resolution and moved its adoption: RE SOLUTION T.JHEREAS, cities or counties requiring federal financing or approval in conjunction with housing and urban development are being required by the federal government to permit the use of building materials not permitted by those jurisdictions; and GHEREAS, existing-and new buildings in cities or counties are being required to retroactively conform to code standards that are in conflict with the zequirements hi those jurisdictions; and WEXEAS, these procedures used by the federal government are based upon the invalid conclusions that costs to the building owners will be reduced mater- ially, that safety to the life of the building occupant will not be jeopar- dized and that the code standards used by the great majority of American cities are not equivalent to the standards arbitrarily adopted by the federal government; and WHEREAS, the determination of the needs of a cumunity has traditionally been the prerogative of the American consumer and his only effective repres- entative, the local government; NOW, THEREFORE, BE IT RESOLVED, THAT THE Village of Edina urges its legis- lative representatives to take whatever steps are necessary to effect a change in policy whereby federal agencies will not pre-empt home rule through pro- cedures such as the withholding of federal funds or-the federal adoption and enforcement of standards which conflict with -the nationally recognized stand- ards adopted by the local government. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. POLICE DEPARTMENT MOBILE TELEPRINTER SYSTEM PARTICIPATION AUTHORIZED. Mr . Hyde referred to a memo from Chief Bennett requesting approval for partici- pation by the Edfna Police Department in the Hennepin County Mobile Tele- printer System. Councilman Johnson then offered the following resolution and moved its adoption: RESOLUTION WHEREAS, Hennepin County is submitting an application for a Federal Grant under the Disc;etionary- Grant Program; Title- 1, Omnibus Crime Control and 5/15/72 Safe Streets Act of 1968 for upgrading the present Police and Sheriff radio communication system to include mobile teleprinter operation; and WHEREAS, the various law enforcement jurisdictions in Hennepin County will be participating in the use of the.proposed system; BE IT RESOLVED that the Village of Edina will participate in the system in accordance with the provisions contained in the Federal Grant Program and wi'll participate in the cost 'sharing of the system in accordance with the estimated cost as indicated in the attached information sheet; AND BE IT FURTHER RESOLVED that should-Federal funds be reduced or eliminated, it is understood that local yearly costs to each user will be increased in the same proportion as the percentage of reduction of Federal funds. Motion for adoption of the resolution was seconded by Councilman Van Valkenburg and on rollcall there were four ayes and no nays and the resolution was adopted. . CABLE TV MEETING NOTED. Mr. Hyde called Council's attention to a meeting on May 16, 1972, on Cable TV which will be attended by other Twin City area municlpal.itXe5 -a~d by school superinfendents . I COUNCIL REPRESENTATIVE ON 494 TASK FORCE APPOINTED. Hyde that a Council representative is needed bo serve on the 494 Task Force, Councilman Johnson's motion was seconded by Councilman Courtney and carried, appointing Councilman Shaw to serve as the Edina Council representative on the Task Force. Upon being advised by Mr. UNIFORM TRANSIT SYSTEM DEMONSTRATION TO BE HELD. a hearing on May 17, 1972, on the Uniform Transit System at which a demonstra- tion tdj5iklr~6e~.cijnd&o&ed: -The'fikoposa3fwill be made only for a strip in the City of Bloomington. at this hearing, but Mr. Hyde suggested the possibility of the inventor appearing before the Edina Council to explain the possibility of a route which would include Edina locations. . Mr. Hyde advised Council of METROPOLITAN BENEFIT ALLOCATION OF SEWER COSTS ENBORSED. Mr. Hyde referred to a memo from Mr. Dalen regarding the Metropolitan Council's proposed Metropolitan Benefit as an allocation of sewer costs and noting the possibility that the area in which the Village is-located will be paying approximately 73% of the costs. support of Alternative A in which the Metropolitan Benefit like Lake Minnetonka, the Minnesota River and the St. Croix River. Council- man Johnson then offered the following resolution endorsing Alternative A and Method No. 2 and moved its adoption: RE SOLUTION BE IT RESOLVED that the Edina Village Gouncil ratify the position taken by the Advisory Baard for Sewer Service Area No. 1 with respect to the metro- politan benefit policy alternatives , which position is as follows : The Advisory Board has suggested passing a resolution in would be something The Advisory Board vote'd to support the committee recommendation for metropolitan benefit Alternative A as contained in the committee report together with the suggested improvements to Alternative A which are also contained in the committee report. voted to request that the Metropolitan Council give retroactive consideration to metropolitan benefits and costs; The Advisory Board voted to go on record in favor of Method No. 2 for computing the cost of metropolitan benefits. The Board also Motion for adoption of the resolution was seconded by Councilman Van Valken- burg and on rollcall there were four ayes and no nays. and the resolution was. adopted. . CLAIMS PAID. Motion of Councilman Courtney was seconded by Councilman Johnson and carried for payment of the following claims as per Pre List dated May 15, 1972: General Fund, 19,998.71; Construction Fund, $7,308.50; Park, Golf, Arena, Swimming, Park Construction, Gun, $22,283.12; Water Fund, $6,612.83; Liquor Fund, $72,788.59;. Sewer Fund, $1,217.61; Poor and PIR, $523.84; Total, $130 , 733.20. No further business appearing, Councilman Courtney's motion for adjournment vas seconded by Councilman Van Valkenburg and carried. Adjournment at 9:40 p .m.