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HomeMy WebLinkAbout19731217_regularMINUTES OF THE REGULAR MEETING OF THE EDINA VI&LAGE COUNCIL HELD AT VILLAGE HALL ON DECEMBER 17, 1973 Members answering rollcall were Councilmen Courtney, Johnson, Shaw , Van Valken- burg and Mayor Bredesen. .MINUTES of the meeting of December 3, 1973, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. ORDINANCE NO. 811-A46 GRANTED FIRST READING. Mr. Luce presented Ordinance No. 811-A46 for First Reading, stating that this ordinance provides for thk same uses in the PRD-5 Residential District as are presently permitted in the R-5 Multiple Residential District, provided that no advertising or display is visible from the outside of the building and provided that access is from the I inside of the building only. offered Ordinance No. 811-A46 for First Reading as recommended by the Planning Commission as follows : Following some discussion, Councilman Courtney ORDINANCE NO. 811-A46 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) , BY ADDING SPECIFIC USES TO THE PRD-5 €?LA"ED RESIDENTIAL DISTRICT THE VILLAGE COUNCIL OF THE VIUAGE OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by adding the following: "(e) In PRD-5 districts only: shops, restaurants, offices and club or lodge rooms sblely for use by non-profit organizations. uses shall be permitted within multiple residence buildings provided they are accesslble only from the interior of the building and have no advertising or display relative thereto wh!-ch is visible from the out- side of the building. of a building may be devoted to these accessory uses." Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. Motion for granting of First Reading of the ordinance was seconded by Council- man Van Valkenburg and carried. Paragraph 5 of Section 5 (Planned Residential District) of. Accessory Not more than 10 per cent of the gross floor area MBTBR- STREET VACATION CONTINUED TO JANUARY 7, 1974. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. recalled that there had'been some change in ownership of property since the proposal to vacate a portion of Motor Street lying between the Southerly extension of the West line of Lot 2, Block 4, Arden Park, Third Addition, and the Northerly extension of the East line of. the %Jest 191 feet of Lots 27 and 28, Brookside Terrace in ,1971. would have no objection to the vacation, provided they were granted a perman- ent easement for the retention of their facilities, or are reimbursed for rerouting them. objections, provided circumstances have not changed since the 1971 hearing. Mr. Waldo T. Mareck, 5101 19. 44th Street, said that he had talked to other interested parties and that they had all agreed that the matter should be laid over pntil they could come to some agreement. Mr. Michael F. Jones, 5131 Motor Street, clarified that Mr. Jones had not really indicated that he would come to an agreement with Mr. Mareck. sonls motion was then secondedby Councilman Van Valkenburg and carried to continue the hearing to January 7, 197k. Mr. Hyde Northern States Power had advised that they Minneapolis Gas Company had indicated that they would have no Mr. Ralph Tully, attorney for Councilman John- COUNTY ROAD 18/VALLEY VIEW ROAD INTERCHANGE HEARING DATE SET. Mr. Hyde called Council's attention to a public hearing on the County Road 18/Valley View .Road Interchange to be held on January 17, 1974, at 7:30 p.m. in the Edina West Lower Division Building. The Village will be represented. ROUSHAR SQUARE GRANTED FINAL APPROVAL. Mr. Luce presented Roushar Squaw, located generally at the Northeast corner o"f County Road 18 and the Crosstbwn Highway (South of Fabri-Tek and North of the Edina l?est condominiums). Luce reviewed the designof the buildings and plans for ingress and egress and recommended final plat approval subject to receipt of the bond for the Developer's Agreement and utility easements. Councilman Shaw offered the following resolution and moved 'its adoption, subject to receipt of the documents mentioned by Mr. Luce: Mr. As recommended by Mr. Luce, RESOLUTION APPROVING FINAL PLAT OF ROUSHAR SQUARE BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, that that certain plat entitled "Roushar Square", platted by Darrell A. Farr Development Corporation and First Wisconsin National Bank of Milwaukee and presented at the Regular Meeting of the,Edina Village Council of December 17, ' 12/17/73 1973, be and is hereby granted final plat approval. Motion for adoption of the resolutionwas seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. SCH[.JBB SUIT RESULTS NOTED. lir. Erickson advised Council that the Conciliation Court had found in favor of the Village in the action taken by Mr. Erwin H. Schwab for payment of $466.43 for extra expenses involved in the sale of his home which was acquired by the Village for the York Avenue extension. hERICAN REVOLUTION BICENTENNIAL COMMISSION REFERRED TO EDINA HISTORICAL SOCIETY. Mr. Hyde recalled that Council had authorized participation and support in the Bicentennial Communities Program which provides an opportunity for municipalities to involve themselves in the 200th anniversary of the American Revolution. Edina Historical Society for their-recommendations was then seconded by Council- man Van Valkenburg and carried. Councilman Courtney's motion referring the matter to the DECEEiBER 24 and 31, 1973 OFFICE HOURS DETERMINED. Manager, Councilman Courtney's motion was seconded by Councilman Van Valkenburg and carried that the Village Hall be closed a31 day on December 24 and be open from 8:OO a.m. to 2:OO p.m. on December 31, 1973. As recommended by the Village EDINA TRANSIT COWITTEE APPOINTMENT CONTINUED, At the recommen'dation of Councilman Van Valkenburg, it was informally agreed that the appointment of the Edina Transit Committee be continued to January 7, 1978, SOUTH HENNEPIN HUMAN SERVICES PLANNING BOARD NAME CHANGED. Councilman Van - Valkenburg's motion was seconded by Councilman Shaw and carried, approving the change in the name of the South Hennepin Human Services Planning Board to the South Hennepin Human Services Council. CITYJVILLAGE CODE REQUIRED CHANGES DISCUSSED. Mr, Erickson reviewed the lang- uage used in Chapter 123 of the 1973 Minnesota Session Laws which states that "Any statutory city which was a village or a borough on December 31, 1973, may continue to employ the term "village" or "borough" for any purpose includlng, but not limited to, internal administration*, public communications, and published and posted notices; provided, however, that in all proceedings governed by statute or iule or regulation of a state agency and in all legal proceedings to which the city is a party, the term "city" shall be employed." Erickson emphasized that the language used in the statute is fairly inclusive of all functions performed ,by the Village. village or boroughs are creatures of the state and have only those powers expressly invested in the municipality by statute or reasonably implied from such legislation. It was Mr. Erickson's opinion that the ability of the Vill- age to zone property, license businesses , issue building permits, purchase goods or property, encumber debts, enforce traffic and criminal laws," regulate health, entbr into contracts, etc., are all governed and regulated by state enabling legislation and are therefore covered by the statute. Mr. Erickson recommended that, in order to avoid public confusion, it would be advisable to cbnformttoshe "city'' designation. Mr. [Jest and'Mr. Erickson reviewed a number of forms which would have to be cl-ianged to conform under the new law. Mr. Erickson said that he had requested an Attorney General's opinion but did not expect a response until afger the first of the year. of "Village" after the first of the yekr for ordinances, special assessment hearings, bidding procedures, sale of bonds and elections. Following consid- erable discussion', Councilman Courtney's motion was seconded by Councilmah Shaw and aarried that the term "City" be used after the first of the year in all areas that appear to be clear and await the opinion of the Attorney Gen- dral before taking any further action, Mr. He said that all statutory cities, He said that he would be concerned about the use TiH.100 FRONTAGE ROAD NAMES CHOSEN.' Mr,'Hyde informed Cauncil that it is now necessary to name the frmtage rodds on-both sides of T.H. 100 from W. 50th Street to Valley View Road. Following some discussion, Councilman Courtney offered the following ordinance for First Reading:: THE VILLAGE COUNCIL OF THE VILLAGE' OF EDINA, MINNESOTA, ORDAINS: 50th Street to Valley View Road are hereby named respectively "Normandale East Service Road" and "Normandale West Service Road". after its passage and publication. STREET NAME CHANGE OWINANCE 7 Section 1. The frontage roads on both sides of T.H. 100 from Vest Sec. 2. This ordinance shall be in full force and effect from and 12/17/73 29 OUTLOT 1, TROLLEY LINE ADDITION TRANSFER TO CITY OF HOPKINS CONTINUED. Mr. Dunn called Council's attention to the request of the City of Hopkins for the transfer to Hopkins of Outlot 1, Trolley Line Addition. This property which is located at Hariison Avenue and Second Street S. is proposed to be used for a bicycle path. and 130 feet long, with Edina owning the South 58 feet and Hopkins owning the North 16 feet. Mr. Hyde clarified that the property is part of the old street car right-of-way and that the Village had purchased it from Everett Garrison in 1963 at a cost of $2,500. Councilman Shaw moved that the staff determine the present value of the property and work out an agreement with the City of Hopkins as to a possible easement for bicycle path purposes. carried. 1 Mr. Dunn explained that the lot is approximately 75 feet'wide Following considerable discussion, Motion was'seconded by Councilman Courtney and AL FUNZZO'S ON-SALE AND OFF-SALE BEER LICENSES APPROVED. Council of the request for a transfer for On-sale and Off-sale Beer Licenses Mr. Hyde advised . for A1 Funzzo's new owner as approved'by the Police Department. Johnson's motion.appEoving the transfer of said licenses was seconded by Councilman Courtney and carried. Councilman SUBURBAN RATE AUTHORITY DIRECTOR AND ALTERNATE DIRECTOR APPOINTED FOR 1974. Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR. TO SUBURBAN RATE AUTHORITY BE IT RESOLVED by the Village Council of the Village of Edina, Minnesota, as follows : J. N, Dalen is hereby designated as a director of the 'Suburban Rate Authokity, and Russell C. Hedlund is hereby designated to serve as alternate director of the Suburban Rate Authority for the yeai?=1974 and until their successors are appointed. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcal1,there were five ayes and no nays and the resolution was adopted. SANITARY SEWER CHARGES RATES TO REMAIN THE SAME. Mr. Hyde advisdd Council that under the new Envirhnmental Protection Administration sewerage disposal charges can no-longer be paid thru any property tax levy. He reviewed the sewerage and water rates of the Village. Courtney offered the following resolution and moved its adoption: I As recommended by the Yillage Manager, Councilman RESOLUTION BE IT RESOLVED that the Edina Village Council feels that the present method of allocating the costs of furnishing sewer service is fair and equitable and that no change should be made in said method of allocation at this time. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. PARK DEPARTMENT CAPITAL IMPROVEMENTS AUTHORIZED.. Mr. Hyde called Council's attention to capital improvements proposed by the Park Department. requests were made for four sets of tennis courts (with various other park improvements) at an estimated cost of $115,000, five park shelter buildings at an estimated cost of $250,000 and $40,000 for the initial improvement of the 44th Street property for the creation of a%ini art center!' Discussion ensued as to methods of financing the improvements. It was brought out that the Council had already approved use of Revenue Sharing Funds for the park shelters. Mr. Dalen reminded Council that every time an additional facility is added, maintenance costs increase. Mr. Feed Richards, representing the Park Board, encouraged the Council to authorize the improvements and said that the Park Board-had. received a considerable number of requests for additional tennis courts. Following considerable discussion, Councilman Courtney's motion authorizing the tennis courts, the park shelter buildings a d the I' in' art Eene a1 Pun& center'' with the cost to be paid from Revenue Sharing and/surprus, with the understanding that the Park Department eliminate its deficiqwas seconded by Councilman Johnson and carried. Specific COLLATERAL SUBSTITUTION AUTHORIZED. As recommended by Mr. Dalen, Councilman Shaw offered the following resolution and moved its adoption, with the under- standing that Mr. Dalen verify whether or not the bonds to be substituted were General Obligation Bonds: BE IT RESOLVED that the Edina Village Council authorizes its depository, South- west Fidelity State Bank to substitute the following collateral: Mass, State Housing Authority 6.98% Due 9/12/74 $500,000 Motion for adoption of the resolution was seconded by Councilman Courtney and on-rollcall there were five ayes and no nays and the resolution was adopted. BSOLUTION 30' 12/17/73 RUBBISH-TRUCK TO BE PURCHASED. man.Shawfs:motion.was-seconded by Colincilman Van Valkenburg and Carrie4 author; .* - izing purchase of a 3968'Chevrolet rubbish truck for $3,400. As recommended by the Village Manager, Council- EMERGENCY GASOLINE PURCHASE AUTHORIZED. age does not have a real guarantee of continuing gasoline from the County. view of the fact that under the fuel shortage, municipalities are now-proeased to receive only a portion of gasoline used in 1972, Mr. Hyde requested permis- . sion to acquire gasoline as the need and'opportunity arises. Councilman Shaw's motion was seconded by Councilman Courtney and carried that the Village Manager and the Finance Director be allowed to accumulate gasoline as they may deem necessary. MAYOR BREDESEN THANKED FOR 23 YEARS OF LEADERSHIP AND DEDICATION. Van Valkenburg offered the following resolution and moved its adoption: Mr. Hyde advised Council that the Vill- In . I Councilman RE SOLUTION OF APPRECIATION AND COMbENDATION TO ARTHUR C. BREDESEN, JR. WHEREAS, you have been a member of Edina's Council for 23 years, serving as a Councilman for 1951-56 and as Mayor from 1956 until December 31, 1973; and WHEREAS, you have dedicated your energy, your talents, your intelligence, your business approach and your fairness for the benefit of all of Edina; and WHEREAS, you will always continue to be an Edina citizen and we will continue to be proud of you and our association with you; NOTJ, THEREFORE, on behalf of all of the residents and citizens af Edina, we thank you, ARTHUR C. BREDESEN, JR., for your E Energy and Sincerity D Dedication and Direction I Imagination and Creativeness N Niceness and Fairness A . Awareness of Edina's Needs Motion for adoption of the resolution was seconded by voice of all and unani- mously carried. CLAIMS PAID. and carried for payment of the followihg claims as per Pre-List: Funds, $57,526.45; Construction Fund, $107,698.59; Park Funds, $22,383.79; Water Fund, $6,035.82; Liquor Fund, $525,088.29; Sewer Fund, $1,600.90; Improvements Funds, $585,062.00; PIR and Poor, $89,585.45; Total, $1,394,981.28. Motion of Councilman Courtney was seconded by Councilman Johnson General No further business appearing, Councilman Courtney's motion for adjouhriient was seconded-by Councilman Johnson and carried. Adjournment at 8:45 p.m. Village Clerk