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HomeMy WebLinkAbout19740121_regular42 MINUTES OF THE REGULAR MEETING OF ?HE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, JANUARY 21, 1974 llembers answering rollcall were Council Members Courtney, Johnson, Schmidt and Mayor Van Valkenburg. * .MINUTES of January 7, 1974, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Johnson and carried. PETITION TO DENY OR PERMIT PETITION FOR REZONING KARL KRAHL PROPERTY DENIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. the Edina West Company for approval of a petition for a zoning hearing for the Karl Krahl property, located South of Vernon Avenue and West of Arctic Way. the Planning Commussion under Ordinance No, 811-A28, there must be a change of conditions or other new evidence affecting the parcel of land. He added that if the Council finds such change at this hearing, it would then allow a petition for rezoning to be filed with the Planning Department, which would then go through the regular rezoning routine and the matter would once again come before the Council. Mr. Marshall Pieczentkowski, 6535 Polar Circle, said that he was representing the Viking Hills Homeowners Association, as well as the Walnut Tamarac Association. He questioned the right of Mr. Gittleman to file another petition for the rezoning of the Krahl property, inasmuch as Hennepin County records indicate that the property is.owned by Ellen W. Garrison and V. McKenzie. He submitted further that a renewal of the request for rezoning to PRD-3 Residential District, even at lesser limits than the current. proposal,. does not constitute a change of conditions or other evidence. In response to Mr. Gittleman's contention that the purchase agree- ment which he has signed gives him an ownership interest in the property, Mr. Erickson said that Mr. Gittleman has standing for this meeting, but would not have standing to sign a petition for rezoning. fact that preliminary plat approval had been granted for twenty single family residential lots constituted a "change in circumstances". site data sheet for the property in questkon which indicated the net amount of undisturbed,areas under the residential proposal would be only 39.8%, and 63.9% under his proposal for high quality condominiums. He emphasized that the presemation of the hill under his proposal would be reason enough to conduct a new zoning hearing, and requested that the matter be referred to the Planning Commission for hearing so that he could work with residents in the neighborhood and satisfy the greatest number of people. 6805 Point Drive, said that he is the President of the Homeowners! Coalition and urged that Counqil determine that no change of conditions exists in the property. Others appearing in protest to granting the petition and c9ncur- ring with the remarks'of Mr. Pieczentkowski, were Mr. Jack Ziegler, 6012 Tamarac Ave., representing Nest Edina Homeowner's Assn., Dr. Glen Lewis, 6328 Gleason Road, representing the Indian Hills Homeowners Association, and Mr, Larry,Horion, 6148 Arctic Play, Mr. Wm. B. BOSCOW, 6142 Arctic Way, recommending that Council grant the Plan- ning Commission permission to hear Mr. Gittleman's proposal at this time, even though the waiting period has not expired. from the audience, Mr. Luce said that Mr. Krahl's single fimily development plat, as approved by the Council, included cut and fill for the road. Council- - woman Schmidt brought out that the single family plat had been referred to the Environmental Quality Commission and that the Commission had felt that the plat was not ideal, but was within acceptable limits. the Commission had wondered why no residents of the area had appeared at that meeting- Councilmen Johnson and Courtney said that they did not believe that allowing a new rezoning petition to be filed can be justified under Ordinance No. 811-A28 because that ordinance requixes that a change of condi- tions or new evidence be presented and because the only evidence presented has'been that the property might be developed for single family residence purposes under the present zoning, with a resulting impact on the Broperty greater than a Planned Multiple Development, which knowledge the Council has always had and considered at the time the previous application for rezoning was denied. Fallowing considerable discussion, Councilman Johnson's motion that no petition for rezoning be allowed to be filed was seconded by Council- man Courtney and on the rollcall there were four ayes and no nays and the request of Mr. Gittleman to allow a new petition foL rezoning to be filed was denied because no change of conditions or new evidence was present. Mr. Luce presented the petition of Mr. Melvin Gittleman of Mr. Erickson clarified that in order €or the petition to be filed with Mr. Gittleman said that the He presented a ' Mr. James Hirsh, Mayor Van Vallcenburg referred to a letter from In response to a question She added that .. 1/21/74 43 ORDINANCE NO. 811-A45 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. Mr. Erickson presented Ordinance' No. 811-A45 for First Reading to conform with State Stat- ute which requires that-zoning hearings required notice sent to all property owners within 350 feet of the propezty to be rezoned. thereupon offered the follow'ing ordinance for First Reading: OWINANCE NO. 811-A45 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REQUIRING NOTICE TO ALL PROPERTY OVNERS I?ITHIN 350 FEET OF PROPERTY TEZONED Affidavits of Notice were pre- Councilman Johnson THE CITY COUNCIL OF. THE CITY OF EDINA, MINNESOTA, ORDAINS: Subparagraph (g) of Paragraph 6 of Section 12 (Administration) of Ordinance No. 811 is hereby amended to read as follows: Section 1.' "(g) The Council shall at its next regular meeting after receipt of the Planning Department's report and recommendation, or after filing of an appeal to it from a decision of the Board of Appeals and Adjustments set a date for hearing thereon, which shall be not later than 60 days after the meeting. A notice of the date, time, place and purpose of the hearing on any amendment to this ordinance shall be published in the official'ne s a r of the Oity at least ten days before the nx Ea#?ed date of hearing/?o eac owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates, insofar as the name and address of such owners can be determined by the Clerk from records available to the public. Hearing and Decision by the Council. After hearing the oral or written views of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof." and publication. Sec. 2. This ordinance shall be in full force and effect upon its passage EBENEZER SOCIETY, INC., REZONING AND PRELIMINARY PLAT APPROVALS TABLED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file, e said affidavits being for requests of Ebenezer Society, Inc., for rezoning from R-1 Residential District to PRD-5 Planned Residential District and preliminary plat approval of Ebenezer Society 1st Addition. Society has proposed to develop a 12.9 acre plat located generally. West of York Avenue between N. 74th and W. 76th Streets. The proposed development calls for construction of 320 dwelling units for persons 65 years of age and older in three buildings of ten, thirteen and sixteen stories in height. Mr. T. A. Thompson of the Ebenezer Society, Inc., staff presented graphics of the three phase concept and indicated that plans call for a combination of one and two bedroom units which would have access from FJ. 76th Street. In response to questions of Councilmen Courtney and Johnson'as to the height'of the sixteen story building, Mr. Luce said that taller buildings provide more open space and add grace to the area. with the South Edina Plan. generate a lower amount of traffic'. said that the higher buildings are desirable Tn homes for the elderly so that residents would be closer to elevators. Council was also told that the pro- perty would not bekkexempt. 6104 Arctic Ray, Mr. Thompson reviewed the history of Ebenezer Society's provisions for the elderly and said that the property would not be subsidized by the government. Mr. John Hedberg of Hedberg & Sons questioned development of land to the North of the proposed building. He was told by Mr. Luce that this land would be encumbered in some manner and that Ebenezer Society would be required to make a 5% cash payment in lieu of dedication of parkland. cussion ensued as to the possibility of a property trade with Hedberg & Sons. Mr. Erickson said that it would be necessary to go before the Board of Appeals and Adjustments for a parking variance, but that no other variances would be necessary. Mr. Dun0 told Mr. Hedberg that Parklawn Avenue is a dedicated street and that he could petition for its development East to York Avenue. Inc., should explore the legality of its proposal under the Age Discrimination Act. The motion of Councilwoman Schmidt for approval of the proposed zoning and preliminary plat died for the lack of a second with Councilmen Courtney ahd Johnson stating their objections to high rise buildings in Edina. Hyde suggested that if Council wished to reconsider permitted heights of build- ings, this might be, an appropriate time for the Planning Commission to.review height restrictiorls. Councilman Courtney's motion was then seconded by *' Councilman Johnson and carried that the zoning requestsand preliminary plat be tabled and that Ebenizer Society, Inc., come back with another plan. Mr. Luce explained that Ebenezer He added that that this height building was consistent Mr. Luce pointed out that the proposed use would A representative of Ebenezer Society, Inc., In reply to a question of Mrs. A. C. Dencker, . ~ Dis- Mr. Erickson said that Mr. IJest had suggested that Ebenezer Society, Mr. I -44 i 1/21/74 MIRROR LAKES PLAT NO. 2 CONTINUED TO FEBRUARY 4, 1974. Affidavits, of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Mirror Lakes Plat No. 2, generally located between Blake Road and Mirror Lake at the end of Lake Ridge Road, noting that this is a three lot plat and that the smallest lot is 33,000 square feet. He advised that there is an existing house on Lot 1 of the proposed plat and that the Planning Commission had recommended approval with .the understanding that the 100 foot setback required along Mirror Lake be reduced to a 50 foot open space easement and that the developer make a 225% parkland dedication to the City. Mr. Luce said that, as required by law, the plat had been submitted to the Nine Mile Creek Watershed District but that no reply had been received as yet. Mr. Ray Drake representing Rauenhorst Corporation assured Council that there would be no objection to granting a 100 foot open space easement and urged that Council grant approval of the plat. Councilman Courtney's motion approving prelimin- ary approval, with the understanding that the easement be granted, was sec- onded by Councilman Johnson. Mr. Clifford Whiteman, 5201 Blake Road, then mentioned that there is a question concerning the location of the line between the proposed Lot 1 and his property. and second approving preliminary pkat were withdrawn. moved that the hearing be continued to February 4, 1974, so that the question of the property line could be clarified. Johnson and carried. Following some discussion, the motion Councilman Courtney then Motion was seconded by Councilman MOTOR STREET VACATION CONTINUED TO FEBRUARY 25, 1974. As recommended by Mr. Dunn, Councilman Courtney's motion was seconded by Councilman Johnson'and carried, continuing the public hearing on the vacation of a portioqof Motor Street to February 25, 1974. CITY HALL CARPETING BID AWARDED TO DAYTON'S CONTRACT DIVISION. Mr. Hyde pre- sented tabulation of three bids received for 42 ounce acrylic fiber carpeting for the Council Chambers and general offices of the City Hall. Tabulation showed D.ayton' s Contract Division low bidder at $8,816.85*, Noah PJilliams and Associates at $9,909.85 and Comers Interiors, Inc., at $11,472.00. Council- woman Schmidt's motion awarding bid to recommended low bidder, Dayton's Contract Division, was seconded by Councilman..CourGney and carried. INTERCOM SYSTEM FOR CITY &L CONTINUED. Motion of Councilman Johnson was seconded by Councilman Courtney and carried, continuing the award of bids for the intercom system for the City Hall until February 4, 1974. 1 Council's attention was called to a letter from Mr. John I. Schrunk of Dayton Hudson Properties, request- ing construction of median lanes on-Valley View Road adjacent to the new SOC IV Office Complex. Councilman Jobnson's motion referring the request to the Engineering Department for processing was seconded by Councilman Courtney and carried. PARKWOOD KNOLLS AREA STREET LIGHTS REQUESTED. to a petition for residential street lighting to serve residents in the 6400 block of Biscayne Blvd., DeVille Drive, Camelback Drive, Continental Drive and Stauder Circle. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried referring the petition to the E'ngineering Department for processing. n Council's attention was called HOUSING AND REDEVELOPMENT AUTHORITY HEARING DATE SET. As requested by Mr. Luce, Councilman Courtney's motion was seconded by Councilman Johnson and carried, set- ting hearing date for the Housing and Redevelopment Authority for March 4, 1974. Mr. Rob-ert Sykes, representing the 50th and France Business Men's Association, urged that the hearing be conducted by February 25, 1974. Mr. Hyde recalled that business people in the area were to make a study of a Housing and Redevelopment Authority, but that additional evidence of need had not been forthcoming from the business group. Mr. Sykes said that the' Greater Edina Chamber of Commerce had made a study and that a report would b& submitted soon. Mr. Hosmer Brown, speak- ing in behalf of the Greater Edina Chamber of Commerce, said that the Chamber had approved a Housing and Redevelopment Authority, but that no special area of the City had been indicated. ing had been that the study would be made prior to the time of the hearing so that Council could study the report and have some input before the hearing. Luce explained that there is some urgency in approving the project because of the inmninence of private development in the area. Mr. L. E. Pertl, 4309 Morningside Road, Mr. Hyde explained 'that the work would be done under a tax increment system. Councilman Johnson recalled that his understand- Nr. In response to a question of Councilman Johnson's motion was then sec- e 0 M w 1/21/74 45 cn&d by'Copncilman Conrtjney and carried, that the Council requesf; Senator Bang and Representative Forsythe to author an amendment to the Statute so that the areas to be redeveloped do not have to be considered "blighted". LOT 4, BLOCK 6, YORKTOWN DEED RE"STRICTI0N REMOVAL CONTINUED INDEFINITELY. recommended by Mr. Dunn, Councilman-Courtney's motion was seconded by Council- man Johnson and carried continuing indefinitely the request for removal of a deed restriction from Lot 4, Block 6, Yorktown. COUNTY ROAD 18 TASK FORCE REPORT CONTINUED TO FEBRUARY 4, 1974. Councilman - - Courtney's motion was seconded by Councilman Johnson and carried, continuing the report of the County Road 18 Task Force to February 4, 1974. Mr. Dunn said that he had requested Ehirty days to respond to the County Road 18 Hearing which was held on January 17, 1974. CITY OF HOPKINS BICYCLE PATH EASEMENT CONTINUED TO FEBRUARY 4, 1974. As recom- mended by Mr. Dunn, Councilman Sohnson's motion was seconded by Councilwoman Schmidt and carried continuing the matter of the Bicycle Path Easement with the City of Hopkins until February 4, 1974. As NORTHERN STATES PONER CONTRACT AND RATE INCREASES NOTED. Council's attention to rate increa.ses and a new contract proposed by Northern States Power Company and said that he had requested additional 'copies of the material for Council. No action was taken. Mr. Hyde called GASOLINE MILEAGE RATES INCREASED. Mr. Hyde adcammended thi8t';:rbecause of the increase in the cost of gasoline, increased mileage should be allowed those us- ing their private automobiles for City business. As recommended by Mr. Hyde, Councilman Johnson's motion was seconded by Councilwoman Schmidt and carried approving an increase from 10~ to 12~ per mile and an increase of 20% for thoGe on a flat rate for mileage. SALE OF PROPERTY TO CHURCH OF-OUR LADY OF GRACE CONTINUED. Council that he had received a letter from Mr. LeRoy E. Balfanz, requesting the vacation of an easement across the former Roberts property before the sale is consumated and also expressing 2egretCthAti he had not known of the sale in advance. out of town whereupon Councilman Johnson's motion continuing the matter indef- initely was seconded by Councilwoman Schmidt and carried. Mr. Hyde advised Mr. Erickson said that Mr. John Palmer of Our Lady of Grace Church is PARKWOOD KNOLLS AREA TRAFFIC-STUDY TASK FORCE APPOINTMENT CONTINUED TO FEBRUARY 4, 1974. Mr. Hyde recalled that an ad hoc committee had worked on various alternatives for traffic in the Parkwood Knolls area and recommended that a Parkwood Knolls Area Traffic Study Task Force be appointed to study traffic patterns West of Blale Road,' North of the Crosstown Highway. The matter was continued so that recommendations for membership could be received. FEASIBILITY REPORT ACCEPTED FOR VARIOUS PUBLIC IMPROVEMENTS. As recommended by Mr. Dunn, Councilman Johnson's motion setting hearing date for February 25, 1974 and accepting the feasibility for the following public improvements was seconded by Councilman Courtney and carried: 1. Permanent Street Surfacing and Concrete Curb and Gutter in Brookview Avenue frome31ese 58th Street South and West to West 59th Street cul-de-sac Median Cuts in Valley View Road for Southdale Office Centre Building No. 4 Portland Cement Concrete Paving in Creek Valley Road,cul-de-sac at East side of Edina-%@st High School property Sanitary Sewer in West 65th Street from 150' 2 33est of Drew Ave. to 435' 2 due west; thence Southwesterly 165' 2; thence Westerly to 250' &West of France Ave.; thence Southerly to existing trunk sewer manhole. Xerxes Ave. 2. 3. 4. Also'correcting flowage easterly from Barrie Road to BROOKSIDE TERRACE SANITARY SEWER EASEMENT CONDEMNATION CONTINUED. As'recom- mended by Mr. Dunn, Councilman Courtney's motion was,seconded by Councilwoman Schmidt and carried continuing the matter of condemnation for the Brookside Terrace Sanitary Sewer easement. LOADER AND BOBCAT ADVERTISEMENT FOR BIDS AUTHORIZED. As recommended by Nr. Dunn, Councilman Johnson's motion was seconded by Councilman Courtney and carried authorizing advertisement for bids for a Michigan Loader and additional Bobcat. 4'6 1/21/74 ORDINANCE NO. 121-A2 ADOPTED ON SECOND READIhS. Mr. Hyde presented Ordinance No. 121-A2 for Second Reading, whereupon Councilman Courtney offered the fol- lowing ordinance and moved its adoption: ORDINANCE NO. 121-S AN ORDINANCE AMENDING ORDINANCE NO. 121 TO MODIFY THE SCHEDULE BY IJHICH EMPLOYEES ACCRUE VACATION LEAVE WITH PAY THE CITY COUNCIL OF THE CITY OF 'EDINA, MINNESOTA, ORDAINS:. amended to read as follows: Section 1. The schedule contained in Sec. 5 of Ordinance No. 121 is hereby a1 Number of Years in Employ of the City Department in 5 years or less 6th year through 16 years or more which employed 15th year Fire Department 5/12 day/month 5/8 day/month 5/6 daylmonth (those working more than 40 hours/week) Liquor Store 1 day/month 1% day/month 2 days/month Other Employees 5/6 day/month 1% day/month 1-2/3 day/month It Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was se rollcall there were four ayes and no nays ATTEST: P 1, A&- Cjty Clerk ORDINANCE NO. 461-A1 ADOPTED ON SECOND READING. As presented by Mr. Hyde, Council- man Courtney offered Ordinance No. 461-A1 for Second Reading and moved its adoption: ORDINANCE NO. 461-A1 AN ORDINANCE AMENDING ORDINANCE NO. 461 TO ABOLISH FOR THE INSTALLATION, CONSTRUCTION, EXTENSION ANI) REPAIR OF INDIVIDUAL I?ATER SUPPLY SYSTENS; ESTAB- -THE REQUIREMENT FOR A LICENSE; TO REQUIRE A PERMIT LISHING PREREQUISITES FOR OBTAINING SUCH PERMITS; REPEALING CERTAIN SECTIONS; AND RENUhBERING CERTAIN SECTIONS. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 1 of Ordinance No. 461 is amended to read as follows: "Section 1. Permit Required; Fee. No person, partnership, association or corporation shall construct, reconstruct, dig, drill., repair or alter any well in the City unless such person, partnership, association or corporation shall first have obtained a permit therefor from the Enforc- ing Officer and also the latter's approval of plans and specifications, and shall pay a permit fee of $25." Sec. 2. Sect2on 2 of Ordinance No. 461 is amended to read as follows: "Sec. 2. Application for Permit. Applications for permits shall be made in writing upon printed forms furnished by the Building Department for such purposes.11 , See. 3. Section 3 of Ordinance No. 461 is amended to read as follows: ''Sec. 3. State License. The applicant for a well or well repair permit shall also furnish proof that he possesses a valid license issued by the State of Elinnesota pursuant to Chapter 156A, Minnesota Statutes." Sec. 4. Section 4 of Ordinance No. '461 is amended to read as*follows: %ec. 4. Liability Insurance. The applicant for a well or well repair permit shall also furnish proof that a policy of public liability insur- ance has been procured with respect to work to be performed by him. 'I under the permit, for death or personal injury arising therefrom to any person or persons, in amounts of not less thah $100,000 for each person and $300,000 for each incident, and for damage to property arising from any incident in the amount of not less than $50,000."' Sec. 5. Section 5 of Ordinance No. 461 is amended to read as follows: "Sec. 5. " Surety Bond. repairs shall be issued until the applicant shall have executed and depos- ited with the City'Clerk a bond in the penal sum of $2,000 with corporate surety approved by the City Nanager, which bond shall be conditioned that the applicant will save the City harmlqss from all actions or damages arising from his making connections, repairs and installations of wells - or well repair of any kind, and that he will pay all permit fees and penalties imposed upon him, and will reimburse the City for any expense * No permit ,for installation of wells and well -. 1/21/74 4 '2; E- o 90 m cT;3 w which it may incur in completing, reconstructing or repairing any faulty or incomplete work done or to be done by him. I The bond shall apply to all work to be done under the permit.'' Sec. 6. Repealer. Sections 6, 7 and 8 of Ordinance 661 are repealed. Sec. 7. Sections 9 through 21, inclusive, of Ordinance No. 461 are renumbered Sections 6 through 18 respectively. age and publication. Motion for adoption of the ordinance was seconded by Councilman Johnson and . See. 8. This ordinance shall be in full force and effect upon its pass- ORDINANCE NO. 731-A1 ADOPTED ON SECOND READING. Ordinance No. 731-A1 for Second Reading as presented by Mr. Hyde and moved its adoption as follows: Councilman Courtney offered ORDINANCE NO. 731-A1 AN ORDINANCE AMENDING ORDINANCE NO. 731 ESTABLISHING LICENSE FEES FOR FOOD THE CITY COUNCIL OF THE CITY OPEDINA, MINNESOTA,, ORDAINS: Section 1. Sec. 5 of Ordinance No. 731 is hereby amended to read as "Sec. 5. License Fees. Fees for licenses issued hereunder shal1,be as Food Establishment: follows : follo.cJs; on the same premises, as set forth above with respect to food.establishments, except that food establishments in which the preearation-and sale of food'is secondary to the principal business operated on the premises and which provide no sit-down facilities for the consumption of food on the premises shall pay a fee of $25 per annum. $100 per annum, plus $20 for each additional facility Itinerant Food Establishment: Retail Candy Shop: $15 per annum, plus $5 for each additional facility on Readily Perishable Food Vehicle: Bakery Food Vehicle: $15 per annum. Catering Food Vehicle: tional Catering Food Vehicle under. the same ownership and operation. Vending Machine: .For each machire dispensing food in a wrapped package or sealed bottle or container, and requiring a co"m of not more than ten cents, $5,per annum; for each machine dispensing food not so wrapped or sealed, and requiring a coin of not more than ten cents, $10 per annum; for all other machines, $15 per annum for the first food dispensing unit of the machine, and $5 per annum for iach additional food dispensing unit of the same machine, but not to exceed $50 for any one machine. $15 per annum. the same premises, as set Lforth above with respect to food establishments. $10 per annum. 1. -Readily Perishable Food Vehicle Fleet License: $50 per annum. $100 per annum, plus $5 per,annum for each addi- Perishable Food Vehicle: , $10 per annum. Perishable Food Vehicle Fleet License: Ice Machine: $5 per annum for each machine dispensing or storing ice in a wrapped container; $15 per annum for all other machines." Sec. 2. This ,ordinance shall be in full force and effect for all licenses due after March 31, 1974. Motion for adoption of the ordinance rollcall there were four ayes and no $50 per annum. ohnson and on mended by Mayor Van Valkenburg, Councilwoman Schmidt's motion was seconded by Councilman Johnson and carried Fontinuing Second Reading of Ordinance No. 802-A1 to February 4, 1974. ORDINANCE NO. 434-A2 GRANTED FIRST READING. Mr. Hyde presented Ordinance No. 434-A2 for First Reading as recommended by the City Sanitarian. Mr. Esse was present to explain the reasons for the ordinance amendments. Johnson then offered the following Ordinance for First Reading: Councilman '48 1/2 1/7 4 ORDINANCE NO. 434-A2 AN ORDINANCE AISENDING ORDINANCE NO. 434 REGULATING THE CONSTRUCTION, *OPERATION AND MAINTENANCE OF PUBLIC OR SEIE-PUBLIC WHIRLPOOL BATHS AND THERAPEUTIC SBII@SING IIHIRLPOOL BATHS AND THERAPEUTIC SWIMMING POOLS, AND ESTABLISHING LICENSE FEES. FOR PUBLIC OR SEMI-PUBLIC ST$ItQlING POOLS, WIRLPOOL BATHS AND THERAPEUTIC SI?It@lING POOLS . POOLS, REQUIRING THE LICENSING OF PUBLIC OR SENI-PUBLIC TEIE CITY COUNCIL OF THE CITY OF EDINA, NIINNESOTA, ORDAINS: following definition thereto: Section 1. Sec. 1 of Ordinance No. 434 is hereby amended by adding the "Public or semi-public whirlpool bath or therapeutic swimming pool is any pool with a surface area not exceeding 150 square feet in which the water is agitated by the use of propellers, recirculating pumps, compressed air, or any other means, except when located within or adjoining a single family residence, and available only to the family or the householder and his private guests." Section 2. Sec. 27 (f) of; Ordinance No. 434 is hereby amended to read (f) as follows: annum for each swimming pool which is enclosed part or all of the year and $50 per annum for each outdoor .swimming pool which is not enclosed at any 'time. Licenses hereunder shall expire on April 1 following the date of issue." as Sec. 29 and Sec. 30 respectively. "The fee for the license required by this section shall be $100 per Sec. 3. Sec. 28 and Sec. 29 of Ordinance No. 434 are hereby renumbered Sec. 4. Ordinance No. 434 is hereby amended by adding a new Sec. 28 as "Sec. 28. ming Pools ." (a) shall be constructed and operated in accordance with the following provisions contained in the pamphlet entitled "Suggested Ordinance and Regulations Cover- ing Public Swimming Pools," published by The American Public Health Association: paragraphs 7.1 through 7.6 and 9.1 and 9.2 of the suggested ordinance, and all of the regulations on pages 14 through 35. placed on file for use and examination by the public in the office of the City Clerk. for the purpose of conducting pre-cpnstruction surveys, intermediate construction investigations, and operation investigations. times as may be deemed necessary to determine that the facilities are cons- tructed in accordance with approved plans, and maintained and operated in accordance with the requirements of the pamphlet described above. or semi-public whirlpool bath or therapeutic swimming pool without having obtained a valid license hereunder, City, ircluding the penalty provisions thereof, shall apply to all licenses required by this section and to the holders of such licenses. shall furnish the address of the premises where the whirlpool bath or thera- peutic swimming pool is situated or is to be situated. annum for each whirlpool bath or therapeutic swimming pool. under shall expire on April 1, following the date of issue. the provisions of the section." age and publication. foiiows: Public or Semi-public Hhirlpool Baths and Therapeutic Swim- Any public or semi-public whirlpool or therapeutic swimming pool I (b) Three copies of said pamphlet, marked "Official Copy,'n have been (c) The Health Officer and Building Inspector may enter upon any premises Such entries may be made at such . (d) No person, firm, or corporation shall operate or maintain a public The provisions of Ordinance No. 141 of the (e) In addition to his name and address, ,the applicant for a license (f) The fee for the license required by this section shall be $25 per Licenses here- (9) Sec. 5. It shall be the duty of the Health Officer or his deputy to enforce This ordinance shall be in full force and effect upon its pass- I SALARIES FOR ELECTED OFFICIALS REVISED FOR 1974. City Attorney that, under the City-Village Code, saI,pies,6fbelecfed officials must be established by ordinance and that a change in salaries cannot take effect until after the next succeeding municipal election, Counci-lman Johnson offered the following Ordinance for First Reading: Upon being advised by the ORDINANCE NO. 124 AN ORDINANCE ESTABLISHING SALARIES FOR ELECTED OFFICIALS FOR YEAR 1974 .THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: 1, 1974 to December 1, 1974, shall be as follows: Section 1: The salaries of members of the Edina City Council from January 1/21/74 49 James Van Valkenburg, Mayor - $3,600 Annually C. Wayne Courtney, Councilman - 2,400 Annually Richard C. Johnson, Councilman - 2,400 Annually June A. Schmidt, Councilwoman - 2,400 Annually Willis F. Shaw, Councilman - - 2,400 Annually Sec. 2. The salaries of members of the Edina City Council from December 1, 1974, to January 1, 1975, shall be as follows: Jaqes Van Valkenburg, Mayor - $3,900 Annually C. Wayne Courtney, Councilman - 2,600 Annually Richard C. Johnson, Councilman - 2,600 Annually June A. Schmidt, Councilwoman - 2,600 Annually Willis F. Shaw, Councilman - ' 2;600 Annually This ordinance sha,ll be in full force and effect immediately upon its Sec. 3. passage and publication. GLEASON ROAD STATE AID REVOCATION APPROVED. Councilman Courtney offered the following resolution revoking Gleason Road from the Crosstown Highway to Vernon Avenue as a State Aid Street and moved its adoption : WHEREAS, it appears to the City Council of the City of Edina that the road here- inafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws; NO\?, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the road described. as follows , to-wit : Gleason Road from CSAH 158 to CSAH 62 (Municipal State Aid Segment 20-148-06) As recommended by Mr. Durrn, RESOLUTION REVOKING MUNICIPAL STATE AID STREET be, and hereby is, revoked as a Municipal State Aid Street of said city, subject to the approval of the Commissioner of Highways of the State of Minnesota; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of High- ways for his consideration. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the resolution was adopted. LIQUOR FUND AS OF NOVEMBER 30, 1973, was approved as presented and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Johnson and carried. TRAFFIC SIGN MATERIALS PURCIkSE AUTHORIZED. Councilman Johnson's motion was seconded by Councilman Courtney and carried, authorizing cooperative 'purchase with Hennepin County of sign posts for $1,875.25 from recommended low bidder, Lyle Signs. As recommended by Mr. Dunn, purchase of reflective sign material for traffic signs from Minnesota Mining and Manufacturing was also approved at a cost of approximately $4,000 by motion of Councilman Johnson, seconded by Councilman Courtney and carried. As recommended by Mr. Dalen, PLUMBING AUTHORIZED FOR NEI? COUNCIL ROOM. As recommended by Mr. Dalen, Council- woman Schmidt's motion was seconded by Councilman Johnson and carried, approving award of informal bids taken for plumbing for lavatories in the new Council Room and in the lower level of the building, said bid being awarded to Weikle and Sons for $3,725. POLICE DEPARTMENT MOBIL ALARM SYSTEM TO BE ACQUIRED. memo from Chief Bennett documenting the need €or a portable alarm system to be used by the Police Department at a cost of $5,900 to be paid from state insur- ance premium tax funds. Councilman Courtney's motion authorizing purchase of the system as recommended by Chief Bennett was seconded by Councilman Johnson and carried. Mr. Hyde referred to a ICE ARENA COMPRESSOR REPAIR AUTHORIZED. compressor at Braemar Arena had broken down, Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried, authorizing expenditure of $2,354.90 for parts and $350.00 for installation of parts for 'repair of the compressor. Being advised by Mr. Dalen that a HOUSING NEED COMMITTEE REPORT TO BE REDELVED. that the final Housing Need Committee report would be in their hands very shortly. Mayor Van Valkenburg told Council COMMITTEE AND COMMISSION APPOINTMENTS TO BE .NAMED. the Council for recommendations for appointees to the various committees and Mayor Van Valkenburg asked commissions. 50 REVIEW OF ZONING ORDINANCE TO BE CONSIDERED. that Council review the Zoning Ordinance, giving special consideration to reducing the spread allowed in the heights of buildings in the City. mended that this matter be considered at the next meeting so that it can be referred to the Planning Commission. 3ANAI;ED GROWTH SEMINAR ATTENDANCE CONSIDERED. tion to a "Managed Growth" seminar'to be held in New York on February 18, 19 and 20, which seminar is sponsored by.Urban Research Corporation, 1.leyerhaueser Company, American Bankers Assn., and Equibable Life Assurance Company. He recommended that it might be worthwhile to send one or two people to the meet- ing at a cost of $175.00 per person. CLAIMS PAID. Motion of Councilman Courtney was sebonded by Councilman Johnson and carried for payment of the following claims as per pre-list: $47,991.56; Construction Fund, $18,674.08; Park Funds, $18,559.81; Water Fund, $7,755.44; Liquor Fund, $158,717.96; Sewer Fund, $41,832.11; PIR and Poor, $1,285.95; Total, $294,816.91. Mayor Pan Valkenburg suggested He recom- No action was taken. Mr. Hyde called Council's atten- I No action was taken. General Fund, the^ agenda having been covered, Councilman Johnson's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 9:16 p.m. i :*