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HomeMy WebLinkAbout19730604_regularMINUTES OF THE REGULARMEETING OF THE EDINA VILLAGE COUNCIL HELD AT VILL&E, HALL ON JUNE 4, 1973 Members answering rollcall were Councilmen Courtney, Johnson, Sliaw and Mayor Bredesen, MINUTES of May 7, 1973, were approved as submitted by motion of Councilman Shaw seconded by Councilman Johnson and carried. KARL KRAHL PROPERTY ZONING CONTINUED TO JULY 2, 1973. Mayor Bredesen noted that the public hearing on the rezoning of the Karl Krahl property from R-1 Residential District to PRD-3 Planned Residential District had been placed on the agenda to be continued indefinitely for the Planning Commission report as was , Q1 required by law, inasmuch as Mr. Krahl had not submitted his new plans to the Planning Commission in accordance with the decision at the Council Meeting of May 7, 1973. owners' Association was told by Mayor Bredesen for the record that tbe matter could not be legally before the Council at this meeting. that the reference on the agenda is for information only as a reminder that the matter is not yet resolved and that the last action of Council was to refer the matter to the Planning Commission. by ordinance and by stacute, the Council cannot act until they receive a Plan- ning Commission report or until 60 days have elapsed from the date of referral. Mr. Pieczentkowski referred to the Environmental Quality Commission meeting of March 5, 1973, saying that at that meeting the information requested by the Environmental Quality Commission was not presented by the developer and that, therefore, the Environmental Quality Commission had denied the proposal. He recalled that at the CouhCiJ Weting oE,M&rch,5, 1973, the developer agreed to a sixty day delay which would enable him to present a new proposal for this property. Mr. Pieczentkowski stated that it had been ascertained and assured that any new plan would have to go back to the Planning Commission and to the Environmental Quality Commission before return to the Council and that the matter had been continued to May 7. and that, inasmuch as the sixty day period has expired, it is in order that this proposal be voted on tonight. ordinance, the sixty days date from the date of referral and that there was no referral made at any time prior to May 7, 1973. Mr. Erickson referred to the state statute which says that if there is a proposed amendment to the Zoning Ordinan6e and it is referred to the Planning Commission, then the Planning . Commission has sixty days in which to act upon it, and specifically states that the Council cannot act upon it until it has received the report and until sixty days have elapsed. to that statute but imposes a slightly greater 8uty tfmewise upon the Planning Commission. the Council and that whichever plan comes back from the Planning Commission is the plan on which the hearing will be held. would have to be set after the expiration of the sixty days or after the report had been received and that new notices would be sent out.. date could be set on July 2, 1973, for the second meeting in July. Mr. Pieczentkowski requested that the hearing be set for the first meeting in October if there is a new plan submitted. Mr. Ericlcson said that the time limit est- ablished by ordinance is that the Cquncil, upon receiving the Planning Commission report (or upon'receiving no report) at its next meeting sets a hearing date which shall not be later than sixty days after the meeting at which the hearing date is set. sixty days, there is no point in waiting until October for a hearing. matter was then continued to the first meeting in July by motion of Councilman Johnson, seconded by Councilman Shaw and carried. Mrs. Carolyn Dencker, 6104 Arctic Way, was told by Mr. Luce that the racquet club advertised for the Edina Vest apartment-complex had been in violation of Village Ordinance and that action had been taken to close the club to the public. Mrs. Dencker was assured that the present Council would not anticipate any change in the Western Mr. Marshall Pieczentkowski, President of the Viking Hills Home- Mr. EricEson advised This action set up a situation where, . He added that ninety-one days have elapsed Mr, Erickson explained that, by statute and . He added that the Village ordinance conforms Mr. Erickson reiterated his opinion that no plan is now before He added that a new hearing date The hearing It was brought out that if no plan is received within The .Edina Plan to permit any commercial development. FJELD .WAYEN:-STREET NANE CHANGE TO "FIELD WAY" GRANTED FIRST READING. Affidavits of Notice were presented by clerk, approved as to form and ordered placed on file. Mr. Luce presented a petition signed by four property owners requesting the street name, "Fjeld Wayen" be changed to "Field Way". Note was taken of a letter from Mrs. E. C. Maeder, Jr. ob'jecting to the'change. Mrs. Phyllis Locke, 6601 Fjeld Wayen, said that property owners had gotten together and decided that the name should be changed.' No other comments being heard, Council- man Johnson offered the following ordinance for First Reading: 6/4/73 STREET NABE CHANGE ORDINANCE 5 THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 2. This ordinance shall be in full force and effect from and after its passage and publication. Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays. JON VICTORSEN LETTER ON COUNCIL BEETING LOCATION NOTED. The letter of Mr. Jon Victorsen suggesting that Council Meetings should be held in the auditorium of one of the high schools was noted. sen that this would be an expense to the Village and that, normally, the Council Room is very adequate. Fjeld 17ayen is hereby renamed "Field Way". I * Mayor Bredesen pointed out to Mr. Victor- PURCHASE OF LOTS 5 AND 6, EL RANCHO SUBDIVISION REQUESTED. was called to the request of Mr. James P. Mannelly to purchase Lots 5 and 6, El Rancho Subdivision, which lots had been acquired by the Village because of tax delinquency. determine if the property is still needed by the Village. Council's attention The 'request was referred to the Engineering Department to DAYTON DEVELOPMENT COMPANY~DAYTON HUDSON PROPERTIES R.L.S. GRANTED FINAL APPROVAL. ties Registered Land Survey, noting that this had received preliminary plat approval by Council on November 1, 1971 as "Southdale York 2nd Addition". No objections being heard, Councilman Johnson offered the following resolution and moved its adoption:' Mr. Luce presented Dayton Development Company6Dayton Hudson Proper- RESOLUTION APPROVING DAYTON DEVELOPHENT COlPANY/DAYTON 'HUDSON PROPERTIES 'REGIS'I'ERED LAND SURVEY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain Registered Land Survey, presented for Preliminary Approval as "Southdale York Second Addition" on November 1, 1971, loeated 'generally East of Xerxes Avenue, Mest of York Avenue and Directly South of 57. 66th Street, and presented for Final Approval by the Edina Village Council on June 4, 1973, be and is hereby granted final 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. VIKING HILLS 4TH ADDITION GRANTED FINAL APPROVAL. Hills 4th Addition for final plat approval, advising that all Developers' Mr. Luce presented Viking Agreements had been signed as required by ordinance. heard, Councilman Johnson offered the following resolution and moved its adopt- ion: RESOLUTION APPROVING FINAL PLAT OF ' BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, tkt that certain plat entitled Viking Hills 4th Addition, platted by Karl H. Krahl and Marguerite B. Krahl, husband and wife, and by Herleiv Helle and Borg- hild Hansine Helle, husband and wife, and by Roy H. Thernell, Inc., a Minnesota Corporation, and presented at the meeting of the Edina Village Council of June 4, 1973, 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. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Luce, Councilman Shawls motion was seconded by Councilman Courtney and carried set- ting hearing date of July 2, 1973, for the following Elannkng matters: 1. South Edina Plan 2. Parkwood Knolls 18th Addition - Preliminary Flat 3. Rezonings : No objections being VIKING HILLS 4TH ADDITION a. Carl M. Hansen - Lot 1, Block 1, Parkwood Knolls 18th Addition - R-1 b. Village of Edina - Tract B, R.L.S. No. 629 - C-4 Commercial District c. Village of Edina - Parcel 2920, Sec. 8. T. 116, R.'21 - 0-1 Office Amendment to Zoning Ordinance to allow handball courts in C-1 Commercial District and establishing parking requirements. Residential District to R-2 Multiple Residential District to C-3 Commercial District Building District to C-1 Commercial District 4. W. 60TH STREET VACATION CONTINUED TO JULY 2, 1973. As recommended by Mr. Dunn, Councilman Johnson offered the following resolution and moved its adoption: 6/4/73 >RESOLUTION WHEREAS, on May 7, 1973, the Edina Village Council did resolve as follows: WHEREAS, two weeks' published, posted and mailed notice of a hearing to be held on May 7, 1973, at 7:O.O p.m. on the proposed street vacation here- inafter described has been given and made and a hearing has been held thereon by the Village Council: NO@, TmREFORE,.BE IT RESOLVED by the Village Council of the Village of Edina, Hennepin County, Minnesota, that the following described portion of 8. 60th Street, all as platted and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota, be and is hereby vacated effective June 6, 1973, unless on or before said date this resolution is amended, annulled or .rescinded++'by the Village Council: That portion of West 60th Street 1ying.West of Walnut Drive' and East of Walnut Ridge 3rd Addition. NGV, THEREFORE, BE IT FURTHER RESOLVED that the aforementioned resolution now be amended so that the date of the vacation of W. 60th Street above described will become effective on July 6, 1973, unless on or before said date this resolution is amended, annulled or rescinded by the Village Council. 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. 5220 BLAKE ROAD ASSESSMENT FOR WATERMAIN IMPROVEMENT I?M-212 PAYMENTS TO BE SPREAD.OVER FIVE YEARS. truction to spread the assessment of $1,110.05 for water hook-up over the".next fime yea2 period.for l?atermain Improvement No. T.JM-212, for Lot 2, Block 1, Evanswood 2nd Addition, as recommended by Mr. Hyde. Councilman Courtney offered the following resolution and moved its adoption: Council was advised of the request of Jack Clapp Cons- RESOLUTION BE IT RESOLVED by the Edina Village Council that the assessment for Watermain - Improvement No. WM-212 be levied over the next five years against Lot 2, Block 1 , Evanswood 2nd Addition. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were fbur ayes and no nays and the resolution was adopted. COMMISSION AND BOARD APPOINTMENTS MADE. Councilman Johnson's motion was sec- onded by Councilman Courtney and carried confirming the following appointments as recommended by Mayor Bredesen : Building Construction Codes Commission - Mr. Bruce C. Berme1 for a term to expire on February 1, 1976 Board of Appeals and Adiustments - Mr. Frederick Haoser, Jr. for a term to expire on February 1, 1974, as an Alternate Member Human Relations Commission - Mr. Tom Oye, replacing Mr. Rozmond Kennon whose term will expire on February 1, 1975. CLUB ON-SALE SUNDAY LIQUOR LICENSES CONTINUED TO JUNE 18, 1973. Mr. Hyde advised Council that the Legislature had approved Club On-sale Sunday Liquor Licenses for Edina's two tiountry clubs. matter to the Village Attorney for study was seconded by Councilman Courtney and carried. VICIOUS DOG COMPLAINTS CONTINUED TO JUNE 18, 1973. attentionqto Ordinance No. 311-A3 which provides for the confinement or destruction of certain animals, declaring certain animals to be a public nuisance, and impounding of animals to determine if they are rabid. motion continuing the ordinance to June 18, 1973, for study was seconded by Councilman Courtney and,carried. MEMBERSHIPS IN LEAGUE OF MINNESOTA MUNICIPALITIES, HENNEPIN COUNTY LEAGUE OF MUNICIPALITIES DISCUSSED. Mr. Hyde advised Council of letters received from the Hennepin County League of Municipalities and the League of Minnesota Municipalities requesting the commitment of the Village at this time.. that the Hennepin County League is proposing an increase in dues for the Village from $500 to $2,985 and that the Minnesota League is proposing to increase dues for the Village from $2,200 to $5,000. State League is proposing to increase its dues by 75%. Considerable discussion ensued as to the relative advantages of the various leagues with special emphasis being placed on the fact that the Minnesota League of Municipalities failed to give any support to the Highay Utilities Relocation Bill which was before the 1973 Legislature. was withheld pending the outcome of a joint meeting to be held with the Hennepin County League on June 6, 1973. Following considerable discussion, Councilman Johnson's motion approving membership ,in the Hennepin County League.of Munici- palities for the year beginning Jdly 1, 1973, fqas seconded byXouncilman Courtney and carried. Councilman Shaw's motion referring the Me$ Hyder called Council's - Councilman Johnson's He advised He added that the Metro Section of the Decision on support of the Metro League 6/4/73 ORDINANCE NO. 1331-A1 ADOPTED ON SECOND READING. Councilman Johnson offered Ordinance No. 1331-A1 changing the age of taxicab drivers to nineteen and moved its adoption as follows: ORDINANCE NO. 1331-A1 AN ORDINANCE ANENDING ORDINANCE NO. 1331 TO LOVER THE AGE OF DRIVERS TO NINETEEN YEARS THE VILLAGE COUNCIL OF THE VILLAGE OF EDINA, MINNESOTA, ORDAINS: amended to read as follbws: "(b) Proof that the applicant is a citizen of the United States, 19 years of age or over, a resident of Hennepin County or any county contiguous thereto, and is able to read and write the English language." passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the ordinance was adopted. ATTEST : . Section 1. Subparagraph (b) of Section 4 of Ordinance No. 1331 is hereby Sec. 2. This ordinance shall be in full force and effect upon its Nay0 r FBDERAL REVENUE SHARING FUND EXPENDITURE APPROVED. ture plan for the Federal Revenue Sharing Funds received for the first one-half of 1973, in the amount of .$89,924, on or before June 20, 1973. He noted that there is no need apparently to file any proposal at this time for the approxi- mately $160,000 received in 1972, none of which has yet been spent. Mr. Hyde justified expenditure of funds for the topography map of the Village by stating that accurate topography is needed for the design of utilities for the South- west and Southeast areas of the Village and for the design of the Mud Lake area. Accurate topography of both the IEnnehaha and Nine Nile Creek flood plains is essential if the Village is to effectively enforce the recently enacted Flood Plain Ordinance. the Edina Environmental Quality Commission have, from time to time, considered the need for regulation of the "upland low spots" and accurate topography would be a necessity if such ordinances are enacted. Following some discussion in which the Council expressed reservations of the necessity of the topo- graphy map of the Village, Councilman Courtney offered the following resolution Mr. Hyde recalled to Council * that Federal regulations require that the Village officially adopt an expendi- Mr. Hyde added that the Watershed Districts and I and moved its adoption: 5, RESOLUTION ADOPTING BUDGET FOR FEDERAL REVENUE SHARING FUNDS OF THE VILLAGE OF EDINA FOR THE YEAR 1973. BE IT RESOLVED 'by the Edina Village Council that Federal Revenue Sharing Funds for the first half of the year 1973 are hereby appropriated as hereinafter set forth: * ItirO-Ihy Radio Equipment $21,650 Two Radar Units 4,400 Topography Map of Village 40,000 Park Shelter Building 23,874 (Balance to come from last half of 1973 receipts) Total $89,924 Notion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted.. ENVIRONMENTAL QUALITY COMMISSION REPORT ON LOT 1, GLEASON THIRD ADDITION , ACCEPTED. Hr. Hyde referred to a memo from Nr. Nest regarding filling opera- tions in Lot 1, Gleason Third Addition which is in the Nine Mile Creek Flood Plain. Building, Inc., and the Environmental Quality Commission, it was voted that the following recomiiendation be forwarded to the Village Council for its considera- tion: Following a meeting of May 29, 1973, between the property owner, Edina "The 'Edina Environmental Quality Commission recommends that the Village Council instruct the Administrative Staff to proceed with a Village-wide program of strict enforcement of all provisions of the Flood Plain Ordinance .It Mr. West's memo advised that it was the consensus of the Commission that a "reasonable man would have knowledge of the existence of the Flood Plain Ord- inance and would have attempted to comply with its provisions." They further did not feel it reasonable to require the owner to remove the fill material ijendhg a hearing before the Board of Appeals for a variance of the provisions of the Flood Plain Ordinance, but the Commission indicated that it felt that the owneks had placed themselves in jeopardy of punitive action for filling 6/4/73 h without securing the necessary permits and variances before the filling opera- tion commenced. 1972, between Mr. Hyde, Mr. Akins, Mr. Dickson and Mr. Gustafson which seems to indicate that approval was given by the Village. He said that the Village cannot change the rules after the agreement was made.. Mr. West indicated that there is a possibility that the Watershed District may take Edina Build- ing, Inc., to court to make them remove the fill. In reply to a question of Councilman Johnson, Mr. Erickson said that it would be necessary t!p apply for a permit and that one of the considerations of the permit would be based in , part upon prior indications given both by platting and by letter. brought out that the Village had not given permission a second time for depos- iting the fill. Concensus of Council was that people who owned property with- in the flood plain should be made aware of the provisions of the Flood Plain Ordinance and be told that the Council expects compliance with the ordinance. Councilman Johnson's motion was then seconded by Councilman Shaw and carried that Mr. West's report be accepted. Mayor Bredesen recalled an agreement on or about April 24, It was LIQUOR CONSUMPTION AGE CHANGE ORDINANCE CONTINUED. Mr. Hyde advised Council that the Village Ordinance must be amended to comply with State Statutes in regard to the lower age for consumption and purchase of liquor. The matter was referred to the Village Attorney to draft an ordinance by motion of Fey Councilman Johnson, seconded by Councilman Shaw and carried. OPTIMIST TRAP RANGE TO BE CONSTRUCTED AT BRIAN ZIPPERMA" MEMORIAL GUN RANGE. Mr. Dalen advised that at a recent meeting with the Optimist Foundation, approval for a Trap Range at the Brian Bippermann Memorial Gun Range was given as follows: 4' M a Dr. and Mrs. Wippennann would contribute an additional $5,000 to the Brian Vippermann Memorial Gun Range. At this time $1,500 would be contributed and in the fall their $3,500 committment will be increased to $4,000 per year and continue until their new committment of $40,000 has been completed. The Optimists would continue their committment of $500 per year for ten (10) years until the completion of $5,000. Under their recommendation, the $5,000 contributed by the Optimists would pay for the construction of a Trap Range at the Brian Wppennann Gun Range. This Trap Range wofild be named the Optimist Trap Range; however, the rifle and pistol range and building would still be called the Brian Wippermann Memorial Gun Range. A 'Bguessti,mate'P of construction for one Trap Range would be $3,000 including lights for night shooting in the fall, and a second trap range to be constructed in 1974 or 1975 if the first one proves to be successful, Motion of Councilman Shaw was seconded by Councilman Courtney and carried approving the construction of the Optimist Trap Range at an estimated cost of $3,000. moved its adoption: BE IT RESOLVED that the Edina Village Council express its most sincere appreci- ation to the Edina Optimist Foundation and to Dr. and Mrs. F. F. Vippermann for their continued interest and new comittment for permanent facilities of the Gun Safety Program. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the resolution was adopted. Councilman Johnson thereupon offered the following resolution and RESOLUTION OF APPRECIATION CLAIMS PAID. carried for payment of the following claims as per Pre-List: $25,316.37; Construction Fund, $214.89; Park Funds, $6,855.74; Water Fund, 5,210.74; Liquor Fund, $75,518.99; Sewer Fund, $1,225.79; Total, $113,342.52; and for confirmation of payment of the following claims: Motion of Councilman Shaw was seconded by Councilman Courtney and General Fund, 5/18/73 Paul &Mary B. Hultman et a1 $12,400.00 Construction 5/21/73 Kokesh Athletic 136.40 5/24/73 Commissioner of Taxation 12,355.45 Misc. Funds Loren Paripovich 490 00 General 5/25/73 Shell Oil Company 2,993.96 General 5/24/73 Central Motor Sales, Inc. 31,698.00 General ~ Parks No further business appearing, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 8:30 p.m. Village Clerk U