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HomeMy WebLinkAbout19740318_regular81 MINUTES OF THE REGULAR MEETING OF -THE. EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, MARCH 18, 1974 \ Answering rollcall were Council Members Schmidt, Shaw and Courtney who served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. MINUTES of February 25, 1974, were approved as submitted by motion of Council- woman Schmidt, seconded by Councilman Shaw and carried. KARL KRAHL PETITION FOR REZONING PERMITTED TO BE FILED. .were presented by Clerk, approved as to form and ordered placed on file. Hyde recalled that at the last meeting he had suggested that an informal meeting be held with Mr. Gittleman,, the Viking Hills residents, Mr. Krahl, Affidavits of Notice Mr. Mr. Hanson, someone from the County Highway Department and owners of the land to the South of Viking Hills. He said that upon thinking the matter over, he had met instead with the Partnership Investments people, owners of the property immediately South of Viking Hills and had reviewed their plans as they pertain also fo the Robert Hanson plans. contemplate construction of forty to forty-six double bungalows which will be started as soon as the road pattern is determined. 'Dunn and Mr. Luce had met also with Mr. Gittleman and.reviewed his new plan for development of the Krahl property, which plans call for three buildings of twenty-four units each. proposed. be destroyed approximately 70 to 80% disturbance if Mr. Krahl's single family plan goes through. Mr. Hyde said that he and Mr. Dunn had also met with Mr. Herbert Klossner, Hennepin County Engineer, who said, that the County's last. stand is that if the Frontage Road has to go in, it is all right as long as it is not on County or State right-of-way. information obtained in these meetings, it is his feeling that there is new evidence and the petition for rezoning the Karl Krahl property should be per- mitted to be filed. Mr. Luce said that he concurred with Mr. Hyde's recom- mendations. Mr. Marshall Pieczentkowski, 6137 Polar Circle, said that. he represented the Viking Hills Homeowners Association and the Walnut-Tamarac Mayor Van Valkenburg on March 1, 1974, at which members of the City staff were in attendance along with Mrs. Carolyn Dencker, the Krahls and Mr. Robert Hanson. invite Mr. Melvin Gittleman since l%e had no vested interest in the situation being discussed that day". the development of the area were discussed at this meeting in hopes that they could come to a conclusion.acceptable to all parties conce'med and that, at the-close of the meeting, there was an understanding that there wou1d:be no further meetings prior to April 1, 1974, which was the date agreed upon in order to gather additional information so that a finalized plan could be presented on April 1 and Council could consider a petition to deny or permit for rezoning in keeping with Ordinance 811-A28. He said that those attend- ing the meeting had been'assured by the Mayor that no notice for public hear- ing would be permitted before April 1 and objected to the action taken by the Council on March 4, 1974, in setting a hearing for March 18, 1974 on the "Petition to Deny or Permit Petition fbr Rezoning Karl Krahl Property". Mr. Pieczentkowski also said that because a meeting of concerned parties set for March-9, 1974, had been cancelled, there cannot be the necessary information to produce a change of conditions. meeting, the Mayor, 'hFd said that without any change of conditions, the property would remain R-1 until another hearing after April 1, 1974. Pieczentkowski submitted that since the March 9 meeting was cancelled, the commitment made to the participants was not fulfilled and a presentation by Mr. Gittleman at this time is completely out. of order and that the zoning of the property should not be reconsidered unt'il after July 16, 19.74. Mr. Pieczentkowski said that Nr. Gittleman should limit his remarks at this meeting to matters germain to the issue of whether or not there has been a change of conditions. for March 9 had b'nly been tentative-and had been changed because he felt that he knew the positions of Viking Hills property owners, the Krahls and Mr. Gittleman ,and felt that it would be of more value to learn tlie opPnions of the others with whoni he did meet. He said that Mr. Pieczentkowski's recital of the fact that no hearing should be held before April 1, 1974, is germain because this is not a hearing on the merits o,f the new plan. In response fo Mr. Pieczentkowski's contention that the Notice of Public Hearing for this Hearing is illegal inasmuch as it referred to Ordinance 811, rather Partnership Investments Mr. Hyde said that he,,Bfr. A recreation building and a tennis court are also Mr. Gittleman had indicated that about one-third of the trees would and about one-third of the area distutt'bed by grading, as against . Mr. Hyde said that on the basis of .Homeowners Association. He said that he had attended a meeting conducted by He said that Mayor Van Valkenburg had said that he had declined to Mr. Pieczentkoyski said that various plans for He also said that at the March 1, 1974, Mr. Mr. Hyde explahed that the meeting suggested by him 3/18/74 than Ordinance 811-A28, Mr. Erickson said that Ordinance 811-A28 is an amend- ment which is a part of the total ordinance and that the notice was proper for the purpose of this Hearing. Mr. Erickson recalled that.this meeting is the result of Mr. Krahl's saying that he was going to cut down the'trees and the sole purpose of the original meeting and this Hearing is to try to arrive at some way to prevent that. nition of a state of facts that required more prompt action than had origin- ally been contemplated. He said that if this Hearing had not been moved up, the trees would already be cut down and-that the trees are the great concern of all parties. stopped cutting his trees. Mr. Gittleman was told by Mr. Erickson that his only pxesentation should be as it affeqts the land and its surrounding area. ' Erickson rec-alled that the Frontage Road and the cul-de-sac at Vernon Avenue and Walnut Drive were not mentioned previously when.the hill was studied and could be considered, a "change of condition". cul-de-sac on Vernon Avenue or a road on the Sauth side of the hill would be inconsisteqt with his proposal. feet would have to be removed from the top of the hill for single family devel- opment. Mr. Gittleman then submitted a petition for change of zoning which he said was signed by himself and by Mr. Krahl to, demonstrate that he is before Council "with standiqg an4 in good faith to proceed on this property if we can keep things in status quo". mitted to the Planning Commission rather than to Council. advised Council previously that a petition to rezone must be by the owner or owners of the property and that if Mr. Krahl is an owner of the property, he will have to prove the fact at the time he offers the petition for rezoning. He further recalled giving his opinion to Mr, Gittleman that even though Mr. Gittlemanbad a purchase agreement, he was not an owner for purposes. of rezon- ing. Mr. Erickson said that Mr. Krahl must show his interest in the property to the Planner at the time that the petition is submitted if it is allowed by the Council. Mr. Hyde added that at the January 21, 1974, meeting, the trees were still there and that the real new evidence is that some of the trees have been cut down. Mk. James Hirsch, 6805 Point Drive, President of the Homeowners' Association, sazd that he had not heard anything at this meeting but a "specula- tive*' change of condition. Following considerable discussion, Councilman Shaw said that he believes that the cutting of the trees, the apparent consent of Hennepin County to have a frontage road along the Crosstown Highway from Gleason Road to Vernon Avenue across the South side of the hill, and the potential cons- tructipn of a cul-de-sac on Vernon Avenue West of Walnut Drive are sufficient new evidence to-permit the request for rezoning to be heard within the one year period after the July, 1973, denial of the zoning application. He-then moved that the Petition to Rehear tFie Petition for Rezoning Kag1:XrahL Pr6perty wifhin one year be approved. damage to the trees and of the damage to the land which would be caused by single family development and on rollcall there were three ayes and no nays and the motion was carried. now petition the Planning Department for rezoning. He clarified that this meeting is merely the recog- Mr. Krahl' said that it was at the request of the City that he D Mr. Mr. Gittleman said that neither a He also mentioned that approximately forty Mr. Erickson said that the petition should be sub- He recalled having I . The motion was seconded by Councilwoman Schmidt on the bases of the City Attorney Erickson then clarified that the owners may GRANDVIEW LIQUOR STORE; REMODELING CONTINUED. man Shaw's motion was seconded by Councilwoman Schmidt and carried that award of bids for the Grandview Liquor Store jcemodeling be continued to April 1, 1974.' MIRROR LAKES PLAT #2 CONTINUED TO NEXT MEETING. that necessary easements have not as yet been signed, Councilwoman Schmidt's mot- ion was seconded by Councilman Shaw and carried continuing final plat approval of Mirror Lakes Plat #2 to April 1, 1974. As recommended by Mr, Dalen, Council- Upon being advised by Mr. Luce TRAFFIC SAFETY COHMITTEE MINUTES @PROVED; BICYCU PATH SIGNING REFERRED TO CITIZENS" SAFETY COMMITTEE. Committee Minutes of Febr'uary 27, 1974, had been continued from the Council Meet- ing Of March 4, 1974, so that actfbnsrtaken=b$ the Citizens' Safety Committee could.be available. Mr. Dunn said that bicycle safety had been discussed at that meeting but that there had been no discussion on.bicycle paths and suggested the possibility of referring the question of bicycle paths to that committee. It was informally'agreed to find out if the Citizens' Safety Committee is in a position to take on the question of bicycle paths. Qouncilwoman Schmidt's motion was then seconded by Councilman Shaw and carried approving the Traffic Safety Committee Minutes of Eeb~aky 27 and March 12, 1974. . Mr. Dunn recalled that the approval of Traffic Safety 'I MINNESOTA DEP-NT OF HIGHVAYS UTILITY' RELOCATION AGREEMENT CONTINUED. recogmended by Mr. Hyde, Councilman Shaw's motion was seconded by Councilwoman Schmidt and carried continuing the Utility Relocation Agreement with'the Minnesota Department of Highways to April 1, 1974. As t 3/18/74 83 BEER LICENSES APPROVED. tarian, Councilman Shawls motion was seconded by Councilwoman Schmidt and carried for approval of the following licenses: A1 Funzzo's Pizza House, Black Swan Pub, Braemar Golf Course, Byerly's, Dennison's, Inc., Edina Superette, Jake's Pizza of Edina, Jerry's Foods, Kennyis Market, National Super Market, Red Owl Stores, Inc., Target Foods, Walgreen Drug Company, Superamerica; On-sale Beer: A1 Funzzo's Pizza House, Biltmore Motor Hotel, Black Swan Pub, Edina American Legion Post $71, Edina Country Club, Gus Young's Biltmore Lanes, Gus Young's Jolly Bull Tavern, Gus Young's Southdale Bowl, 'Interlachen Country Club, Jake's Pizza of,Edina. REAL ESTATE TAX CASES APPEAL TO BE INVESTIGATED. Council was advised by Mr. Hyde that the Minnesota District Court, in an opinion by Judge Leslie L. Anderson, reduced the value on which real estate taxes are based for the assessment years As recommended by the Police' Department and the Sani- Off-sale Beer: I b A 1970, 1971 and 1972 on several parcels of land for a total difference of $4,883,600. three years of approximately $190,000 (plus interest from the time taxes were paid). to be reimbursed from the fund originally credited. This reimbursement comes from delinquent tax collections and not current levies. the City Attorney was instructed to confix with the Hennepin County Attorney on'the possibility of an appeal of the case. LOT 5, GARDEN PARK, TRAmSFER BACK TO STATE APPROVED. Mr. Hyde advised Council that the origina1,owners of a portion of Lot 5, Garden Park, have requested that the land be reconveyed to the state so that they can repurchase the property. He clarified that the land had been acquired by the City October 2, 1972, at which time it had become tax forfeited, and that Mr. Rosland had advised_that the property is no longer needed'by the City. the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council authorize the transfer back to the State of Minnesota the following described property: The f?est 341.32 feet of the East 682.64 feet of the South 16 rods, Lot 5, Garden Park, Hennepin County, Minnesota, Plat 7.5370, Parcel 5500. He clarified that this would result in a reduction in tax for the This amount can be paid from Hennepin County revenue funds, but will have 'Eollowing some discussion, Councilman Shaw thereupon offered RESOLUTION I Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were three ayes and no nays and the resolution was adopted. H.R.A. 'LEGISLATION PROGRESS REPORTED. by the City which would change the word "blight" to ''obsolescence" has passed both houses of the Legislature, 'such language pertaining to the Housing and Redevelopment Au tho ri t y . Mr. Hyde reported that the bill requested ORDINANCE NO. 823 GRANTED FIRST READING. Mr. Hyde recalled that Ordinance No. 823 had, at the last meeting, been referred back to the City Attorney for re- -JiSion because that draft had been considered too detailed and too dif8icult to enforce. Mr. Erickson said that the new draft had been amended to include only those trees growing on "undeveloped land". the following ordinance for First Reading: ORDINANCE NO. 823 AN ORDINANCE REGULATING THE REMOVAL OF TREES WITHIN THE CITY AND PROVIDING A PENALTY Councilman Shaw thereupon offered THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. PURPOSE AND INTENT. The City Council hereby finds that it is necessary to maintain and protect the existing urban forest in order to preserve windbreak protection, abate soil erosion and enhance the natural beauty of the City and adopts this ordinance in the interest of the health, safety and general welfare of the residents of the City. krms shall have the following definitions: . Sec. 2. DEFINITIONS. For the purposes of this ordinance, the following (a) Tree - A woody perennial plant, usually with one main stem or trunk and many-branched, which has a diameter of greater than six inches (6") when measured at a point four feet (4') above ground level. Undeveloped Land - All land within the City which has not been subdiv- ided pursuant to Ordinance Number 801, together with all land within the City which has been subdivided but for which no building permit has been issued pursuant to Ordinance NO. 403. (b) I Sec. 3. REMOVAL OF TREES: PERMIT REQUIRED. Without a permit therefor, it shall be unlawful for any person, firm or corporation to remove or cut down or authorize the cutting down or destruction of any tree growing on undeveloped land within the City. Sec. 4. PERMIT FOR REMOVAL OF TREES; PROCEDURE. (a) Application. &ny person, firm or corporation desiring to cut down or * 8 4’ 3/18/74 remove any tree growing on undeveloped land within the City, and any person, firm or corporation making application far a. building permit affecting undeveloped land which if grantedwould require the cutting down or removal of any tree growing thereon, shall file an application therefo-r with the City Clerk on the form provided by him for such purpose. lars ($10.00). Each application shall include a sketch or drawing showing the location of the tree or trees concerned and shall further include a statement of the reason for the request. ting such application, the applicant shall mark, each tree to be cut down. or removed with a red tag. Inspection. Upon receipt of such application, the City Clerk shall fo>rward the application to the City Director of Parks, or his designee, who shall promptly inspect such tree or trees and indicate on said application : (1) The type of tree or trees and their approximate heights; (2) The health or condition of the tree or trees; (3) Whether or not in his opinion such removal is justified by,reason (i) Good forestry practice; or Such application shall be accompanied by a fee of Ten Dol- Prior to submit- of: (ii) The poor health or dangerous condition of the tree or trees; or (iii) Construction or other improvements being made to the property. The.l)irector of Parks, or his designee, shall thereupon forward the application to the Planning Department. Approval or Denial. The City Planner shall review the application together with the report of the Director of Parks, or his designee, and shall approve or Peny the application based upon the standardszset forthin”Section 4.(b) (3) above together with the purpose and intent of this ordinance as .herein set forth in Section 1. If the appli- cation is denied by the City Planner, written notice of such action specifying the date thereof, together with the reasons therefor shall be mailed to the applicant at the address shown in such applica- tion. app lican t . Permit Non-Transferable; Duration. transferable and shall expire six (6) months from date of issuance. Restricted to Specific Project. removal is granted in order to enable the applicant to aarry out some project of development or ipprovement of the property, such permi$ . shall be Gffective only in connection with the actual accomplishment of said project. If approved, the City Planner shall issue th,e permit to the Any permit granted hereunder is non- In the event a permit for tree Sec. 5. REMAINING TREES TO BE PROTECTED. Prior to cutting down or remov- ing any tree or trees pursuant to a permit issued hereunder, the applicant shall protect all other trees in the vicinity of those to be remov,ed which may be camaged-during such process by installation of snow fencing or other suitable enclosure. suant to Ordinance No, 403 which would affect undeveloped land within the City unless the applicant therefor shall have filed with the Building Official either ’a permit issued hereunder or applicant’s gritten certification that if such building permit is granted, the work therein authorized will not require the cutting down or removal of any tree growing within the City. by an alleged error in any order, requiremept, decision or determination made by the City Planner in the administration of this ordinance may appeal to the City Council in the following manner: Sec. 6. BUILDING PERMITS WITHHELD. No building permit shall be issued pur- Sec. 7. APPEALS TO COUNCIL. Any applicant who deems himself aggrieved (a) The applicant, within thirty (30) days of any such order, require- ment, decision or determination,. shall file a written appeal with the City Clerk setting forth the action being appealed and the facts relating thereto, and the mailing addreqs of applicant. The City Council at its next regular meeting after receipt by the City Clerk of such appeal shall set a date for hearing thereon, which shall not be later than sixty‘(60) days after the meeting. A notice of the date, time, place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the hearing. After hearing the oral or written views of all intere-sted persons, the Council shall make its decision at the same or a specifi,ed future meeting thereof. (b) Sec. 8. AMENDMENTS TO APPLICATION, The applicant may amend his applica- tion so as to reduce the number of trees to be removed at any time prior to final determination of an appeal by the City Council and the City Council shall *. 3/18/74 ' 85' 1 consider and decide any appeal based upon the appfication as amended. Sec. 9. EXEMPTIONS. The provisions of this ordinance shall not apply to: (a). The removal of trees by or at the direction of the City of Edina or . any department or administrative official thereof; . (b) The removal of trees pursuant to Ordinance No. 1035; (c) The kemoval of trees pursuant to an Approved Plan'under Ordinance NO. 817. Sec. 10. PENALTIES. Violation of this ordinance shall be a misdemeanor punishable by a fine not to exceed $300.00 per tree illegally removed or left unprotected, or imprisonmsnt for not more than ninety (90) days,-or both, and in addition payment of all costs of prosecution and expenses involved in the case. Violation hereof shall also be grounds for revocation or suspen- sion of any permit granted for the construction or remodeling of buildings or for the subdivision of land. .See. 11. This ordinance shall be in full force and effect from and upon its passage and publication. ?% .1 ORDINANCE NO. 817 GRANTED FIRST READING. Mr. Hyde recalled that Ordinance No. 817 had been referred back to the City Attorney at the meeting of March 4, 1974, it having been the concensus of Council that the applicability of the ordinance should be limited to "major8' land-disturbing activities and that the ordinance was too complex and difficult to administer. ing ordinance for First Reading: Councilman Shaw offered the follow- * ORDINANCE NO. 817 AN ORDINANCE POR THE CONTROL OF SOIL EROSION AND SEDIMENTATION AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: ment at ion Con t ro 1 Ordinance". that the lands, vegetation and waters of the City are valuable assets and Section 1. TITLE. This ordinance shall be known as the ''Soil and Sedi- Sec. 2. DECLARATION OF POLICY: PURPOSE. It is hereby found and declared resources and that such lands are bBing despoiled and such waters are being polluted as a result of erosion and deposition of sediment caused by disturb- ances and changes of the surface of such lands and removal.of natural vegetation; and that all of these effect can be greatly reduced by the regulation and control of the manner in which the surface of such lands and vegetation thereon are disturbed and changed. lands and waters of the City to the maximum extent practicable, from the harmful effects of soil erosion and sedimentation through the regulation and control of the manner in4which the surface of lands and the vegetation thereon within the City are disturbed and changed, and thereby promote the health, safety and general welfare of the residents of the City. ' The purpose of this ordinance issto protect the 'I * Sec. 3. DEFINITIONS. Diversion - A channel constructed-across or at the bottom of a slope with or without a supporting ridge or embankment on*the lower side. Embankment or Fill - A deposit of soil, rock or other materials placed by man. Erosion - The process by which the ground surface is worn away by action .of water, wind or gravity. Excavation or Cut - An act by which soil or rock is cut into, dug, uncovered, removed, displaced or relocated and shall include the conditions resulting there- from. Existing Grade - The vertical location or elevation of the existing ground surface prior to cutting or filling. Finished,Grade - The final elevation of the ground surface conforming to the proposed design. Grading -. Any stripping, excavation, filling, stock piling or any combina- tion-thereof and shall include the land in its excavated or filled condition. Land-Disturbing Activity - Any land change which may result in soil erosion and the movement,of sediments into waters or onto lands in the City, including, but not limited to, tilling, grubbing, clearing, grading, excavating, transporting, and filling of land, the cutting, removal or displacement of trees, shrubs and vegetation, and the construction of buildings, roads and streets, utilities , and the development of housing, commercial , industrial or recreational areas. a landslide. on a bed of soft material to stabilize the surface to prevent erosion. ported by wind or surface'water as a 'product of erosion. a waterway-or at other suitable locations to retain sediment. L ' Retaining Wall - A barrier for sustaining a bank of earth liable to.cause Rip Rap - Brdken stones and/or boulders of various mixed sizes deposited I Sediment - Soil or other surface material, both mineral and organic, trans- Sedimentation Basins or Silt Traps - A barrier, berm or dam built across . - * 3/18/74 J Vegetative Protection - Stabilization of erosive or sediment producing (a) (b) (c) areas by covering the soil with: Permanent seeding or sodding, producing areas covered with a turf of perennial sod-forming grass. Short term seeding producing temporary vegetative cover such as annual grasses, grains or other temporary ground cover. lfulching - The application of plant or other suitable material on the newly seeded surface to consdrve moisture, hold soil in place and aid in establishing plant coyer. Sec. 4. APPROVED PLAN REQUIND FOR LAND DISTURBING ACTIVITIES. Except as provided in Section 5 of this ordinance, no person, partnership, corporation or municipal agency may engage in any land-disturbing activity until such person, partnership, corporation or municipal agency has submitted to the Planning De- partment a plan for erosion and sediment control for such land-disturbing activity and such plan has been reviewed and approved by the City PSanner. Sec, 5. EXEBTBTTONS:. The provisions of this ordinance shall not apply to : Minor land-dis turbing activigies such as home garden-ing , individual home landscaping, repairs, maintenance work, and those land-disturbing activities which in the judgment of the City Planner, as set forth in writing, will not result in significant soil erosion or the movement of significant amounts of sediments into the waters or onto the lands in the City. mination, the City Planner shall consider such factors as the area of the land to be affected, the slope and elevation of such land, the presence or absence I of existing soil erosion and sedimentatxon control measures, natural vegetation to be preserved 'on the site during, such land-disturbing activity and the pot- ential danger to surrounding property or to bodies of water. Nine Mile Creek, to the extent to which those areas are.regulated by Edina Ordi- nance No. 815. I (a) In making such deter- (b) Lands lying within the flood plains in and about Minnehaha Creek and xu) (d) Activities regulated by.Edina Ordinances No. 821 or No. 822. Land-disturbing activities performed on County, State or Federally owned lands, or by or on behalf of a County, State, Federal or other agency which the City has no power to regulate or control. (e) Gravedigging, wells and excavations forl utilities, where the original surface conditions are to be restored. Sec. 6. APPLICATION FOR PLAN APPROVAL: FEE. (a) Application. Prior to engaging in any land disturbing activity, an erosion and sedimentation control plan ( the "Plan") shall..be submitted to the Planner together with an application for its approval. The Plan shall be sub- mitted with -each application for approval, accompanied by the applicant's certi- ficatcon that all land clearing construction and development will be done pur- suant to said Plan, Prans shall be prepared or approved and signed by a pro- fessional zegisterkd engineer, land surveyor,' landsqpe architect,,architect, or other persons acceptable to the City. Seven copies of the Plan shall b'e filed with the City Planner. request comments within forty-five (45) days from such submission from the City Engineer, Buslding Department, E5xrironmental Quality Commission, Hennepin Soil and Water Conkervation District and appropriate Watershed Dist;ict . cations may be modified subsequent to filing, and all such modifications shall be submitted to the persons and agencies above set out. (1) A time schedule for the work. (b) Filing of Application. The Cith Planner shall submit copies of the Plans to, and Appli- (c) Application Date Required. The Plan shall include the following data: (2) 3 (3) A Vicinity Map drawn. to a scale of not less than 1,000 feet to one inch showing the relationship of the site to its general sur- roundings. A plan of the site drawn to a scale of not less than 100 feet to one (i) (ii) (iii) (iV3 inch showing : The boundary lines of the site on which the work is to be per- formed, including the approximate acreage of the site. Existing topography on the site and on land adjacent to the site within one hundred (100) feet of the site boundary lines. Existing coutours with intervals of not more than five (5) feet-where the slope is ten percent (10%) or greater and not more than two (2) feetwhere the slope is less than ten percent (10%) , Existing vegetative cover, including marsh lands, grasses, shrubbery and trees. greater than six inches (6") in diameter when measured at a polnt four feet (4') above ground level shall 'be specified. Trees to be removed for streets, drives, buildings, drain- age or other purposes shall be identified. I The types and location of all trees 3/18/74 (T) Propo d improvements on the site including present deve opment and future utilization, if known. All drainage provisions,. erosion and sediment control (vi) 8 measures, vegetative practices., or other protective devices to be constructed in connection with, or as a part of, the proposed work. f (vii) Provisions for erosion control during construction (temporary) and during the life of the facility (permanent). visions shallqinclude a timing schedule and sequence of operations indicating the anticipated starting and completion dates of the particular.development sequence. Included . also shall be the estimated time of exposure of each area prior to,the completion of effective erosion and sediment contra1 measures, and other.related date such as seeding mixes and rates, type of sod, seedbed preparation, fertilizer applications, and mulching. A. complete and adequate grading plan for borrow pits, quarries and material processing facilities where applicable. A general description of the predominant soil types of the site as determined by the Hennepin Soil & Water Conservation District. The name and address of the owner, developer and applicant. The applicant's certification stating that all land clearing, construction and development will be done pursudntlto the approved Plan and this, ordinance. (xii) Title, scale, north arrow, date and name of individual or organization preparing plans and specifications. Such pro- (viii) (ix) (x) (xi) (4) Finished contours at the same interval as required or used for existing topography, p>oposed building and pavement grades, and the elevations, dimensions, locations, extent, and slope of all propobed finished grading. City Planner may reasonably require. (5) Such supplemental reports, data and additional information as the Fee. At the time of filing an application, and each modification thereof, a filing fee shall be paid in an amount equal to Ten Dollars 4 ($10.00) for the fikst 50,000 square feet of gross land area affected by such land-disturbing activity and One Dollar ($1.00) for each additional 10,000'square feet or fractional part thereof of gross land area's0 affected. Where work for which a permit is required by thos ordinance is started or proceeded yith prior to obtaining said permit, the fees above specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this ordinance in the execution of the wclrk nor from any other penalties prescribed herein. (d) Sec. 7. STANDARDS AND GUIDELINES. (a) The Plan shall be fitted to the topography and soils so as to create the least erosion potential, or other features of the development capable of carrying storm run-off in a safe manner, shall be scheduled for installation to the greatest extent possible before removing the vegetation cover from an area. (b) Permanent vegetat,ion and improvements such as streets, storm sewers (c) Wherever feasible, natural vegetation shall be retained and protected. (d) ?&ere inadequate vegetation exists on land not being disturbed, (e) The smallest practical area of land shall be exposed at any one time (f) Vhen land is exposed during development, the exposure shall be kept (g) Critical erosion areas exposed during construction shall be p&rotected (h) Sediment basins (debris basis, desilting basins, or silt traps) shall permanent vegetation shall be established as soon as possible. during development. to the shortest practical period of time, but not longer than sixty (60) days. with tempo-rary vegetation, mulching or other acceptable means. be ins-talled and maintained to remove sediment from run-off waters from land being subjected to land disturbing activity. Diversions shall be installed to divert surface water run-off from slopes of 10% or steeper. Provisions shall be *made to effectively accommodate the increased run-off caused by changed soil and surface conditions during and after development, Cut and fill slopes shall not be steeper than two feet horizontal to one foot vertical (Z:l).unless stabilized by a retaining wall, cribbing or rip= rap, or other acceptable means. be exercised. (i) (j) (k) (1) During grading operations, necessary measures for dust control will 31 18/74 Sec. 8. ISSUANCE ORDENIAL OF APPROVAL. Within forty-five (45) days after submission by the City Planner of the Plan and all modifications to all of the persons and agencies referred to in subparagraph (b) of Section 6 hereof, and whether or not comments have then been received from any or all of such persons and agencies, the City Planner shall review the Plans and modifications submitted and shall approve any such Plan, as modified, if it determines that the Plan, as modified, (herein called the "approved Plan") is adequate in consideration of the standards and guidelines set forth in Sec. 7 hereof, and if the applicant certifies*in writing that he will properly perform the approved Plan and will con- form to the provisions of this ordinance. Such approval shall be in writing and shall be delivered to the applicant after receipt by the City Planner of said certification together with a performance bond, as required by Ordinance No. 4.03, Section 11, guaranteeing the completion of all drainage provisions, erosion and sediment control measures, vegetative practices or other provisions (temporary and permanent) for erosion control during construction and thereafter as are included in the approved Plan. If such Plan, as modified, be found to be inadequate, the application shall be disapproved and written notice of such action specifying the date thereof, together with the reasons therefor, shall be mailed to the applicant at the address shown in such application. During operations constituting land- disturbing activities, the applicant shall be responsible for carrying out the proposed work in accordance with the approved Plan, and in compliance with all the requirements of this ordinance. All trees greater than six inches (6") in diameter when measured at a point four feet (4') above ground level which are to remain on the site shall ,be marked with a red tag and shall be protected from damage during operations constituting land-disturbing activities by snow fencing or other suitable enclosure. ' Sec. 9.' RESPONSIBILITY OF APPLICANT. .Set. 10. MODIFICATION OF APPROVED PLANS. An approved Plan may be modified by the City Planner where: (a) Inspection has revealed the inadequacy of the approved Plan to accomp- lish the erosion and sedimeqtation control objectives of the approved Plan, and appropriate modifications to korrect-'the deficiencies of the approved Plan are agreed to in writing by the City Planner and the applicant for the previously approved Plan; or The applicant for the previously approved Plan finds that because of changed circumstances or for other reasons the approved Plan cannot be carried out effectively, and proposed amendments to khe gproved Plan, consf$tent $Zth .fhelreqnfremenks :of ktiis ordinance and for the purpose of effectively carrying out the approved Plan, are atreed to in writing by the City Planner and said applicant. (b) I Sec. 11, APPROVED PLAN REQUIRED FOR ISSUANCE OF GRADING, BUILDING OR OTHER PERMITS. No department or other administrative body or official of the City authorized to issue grading, building or other permits for land-disturbing activities.subjecf to this ordinance may issue any such permits unless the applicant therefor shall submit with his application evidence of an approved Plan pursuant to this Ordinance, or evi$ence that such activity has been exempted from compliance herewith by the City Planner pursuant to Sec. 5(a) of this Ordinance. These requirements are in addition to all other laws, regula- tions or drdinances relating to the issuance of such permits and are not intended to otherwise affect the requirements for :such penbits; but where this ordinance imposes a greater restriction upon such land-disturbing activities than do such other laws, regulations or ordinances, the provisions of this ordinance shall govern. 'shall periodically inspect the land-disturbing activity being done pursuant to an approved Plan to insure compliance with the approved Plan, and to determine whether the measures required in the approved Plan are effective in control- ling erosion and sedimentation resulting from the land-disturbing activities. If said Building Official determines that the'applicant has failed to comply with the approved Plan, he shall immediately serve upon.the applicant by registered mail,-to the address specified by the applicant in his application, a notice to comply. Such notice shall set forth the measures needed to comply with such approved Plan and shall specify the time within which such measures shall be completed. If the applicant fails to comply within the time specified, he shall be deemed to be in violation of this ordinance. work within the time specified in the approved Plan, he pay, p-rior to the expiration of such time, present in writing a request for an extension of time, setting forth the reasons for the requested extension. If, in the opinion of the City Planner, such an extension is warranted, he may grand additional time for the completion of the work, subject to such,additional measures as he may reasonably require:'for erosion and sediment control during such additional time. Sec. 12. MONITORING, REPORTS AND INSPECTIONS. The Edina Building Official I Sec. 13. EXTENSION OF TINE. If the applicant is unabxe to complete the 3/18/74 E Sec. 14. MAINTENANCE. Individuals or developers carrying out soil erosion and sediment control measures under this ordinance and all subsequent owners of property on which such measures have been installed, at all times shall adequately maintain all permanent control measures, devices and plantings in effective working condition. Sec. 15. VARIANCES: APPEALS TO COUNCIL. (a) Variances. All requests for variances shall be made and decided in the following manner: , (i) (ii) The applicant shall file a request for a variance with the City Planner, together with a Ten Dollar ($10.00) filing fee; The applicant shall also file with such request the information required to be filed by Sec. 6 of ‘this ordinance, with the changes that will result from the variance shown thereon;. ’ The City Planner shall submit such informationeto the persons and agencies set out in paragraph (b) of Sec. 6 of this ordinance for review and comment within thirty (30) days after such sub- mjAsion; pursuant to the immediately ,preceding paragraph and whether or not comments have been received‘from any or all of such persons and agencies, the City Planner shall report and make a recom- mendation on such request to the City Council, taking into con- sideration the standards and guidelines set out in Sec. 7 of this ordinance. The City Council at its next regular meeting after receipt of such report and recommendation shall set a date for hearing thereon, which date shall be not later than sixty (60) days after the meeti’ng. pose of the hearing shall be published in the official newspaper of the City at ,least ten (10) days before the hearing. hearing the oral or written views of all interested persons, the Couqcil shall make its decision at the same or a specified future meeeing thereof. The City Council shall grant a variance only upon finding that an unusual hardship on the land exists, and specifically that: (a) (b> (c) (iiix (iv) Within thirty (30) days after submission of such information, (v) A notice of the date, time, place and pur- After (vi) the hardship is not a mere inconvenience; the hardship is. caused by the particular physical surround- ings, shape or topographical cqnditions of the land; the condition or conditions upon which the request for a yariance is based are unique and not generally applicable the hardship is caused by this ordinance and not by any persons presently having an interest in the land; and the granting of the variance will not be substantially detrimental to the public welfare or to other land or improvements in the neighborhood of the land, and that such iiariance is in accord with the general purpose and intent of this ‘ordinance. :to othey: .ptoperty (d) (e) 0 00 p1 M E;1 (b) Appeals to Council. Any applicant who deems himself aggrieved by an alleged error in any order, requirement, decision or determination made by . the City Planner in the administration of this ordinance may appeal to the City Houncil in the following manner: (i) The applicant, within thirty (30) days of any such order, requirement, decision or determination, shall file a written appeal with the City Clerk setting forth the action being appealed and the facts relating thereto, and the mailing address of the’applicant. The City Council at its next regular meeting after receipt by the City shall C1erkpe not/ ater tharl. sixty (60) days after the meeting. A natice of the date7 thmey place and purpose of the hearing shall be published in the official newspaper of the City at least ten (10) days prior to the hearing. interested persons, the Council shall make its decision at the same or a specified future meeting thereof. (ii) of such appeal shall set a date for hearing thereon, which After hearing the oral or written views of all Sec. 16. VIOLATIONS AND PENALTIES. Any person, partnership, corporation or agency who violates any of the provisions of this ordinance shall be guilty of a.misdemeanor punishable by fine of not more than Three Hundred Dollars ($300.00) or .imprisoned for not more than ninety (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 constitute a separate :yiblation. The City, or any person or agency who suffers damage oir is likely to suffer damage because of a violation of this ordinance, may apply to the District Court within and for Hennepin County, Minnesota, for injunctive relief to enjoin a violation or threatened violation of this ordinance. I YU 3/18/74 See. 17, SEVERABILITY. If any section, subsection, paragraph, sentence, clause or phrase of this'ordinance is, for any reason, held invalid or unenforce- able as to any person or circumstance, the application of such section, sub- section, paragraph, sentence, clause or phrase to persons or circumstances other than those as to which it shall be held invalid or unenforceable, shall not be affected thereby, and allmprovisions hereof, in all other respects, shall remain valid and enforceable. Sec. 18. DISCLAIMER OF LIABILITY. This ordinance shall not create liability on the part of the City of Edina or any officials or employees thereof for any damages that result from reliance on this ordinance or any City action taken, or Plan approved, or administration or Council decision made hereunder. and publication. COUNTY ROAD 18 FROM CROSSTOWN HIGHWAY TO 5TH STREET PLANS AND SPECIFICATIONS APPROVED. Mr. Hyde presented a resolution approving plans and specifications for County Road 18 from the Crosstown Highway to 5th Street in _the City of Hopkins as recommended by Mr. Dunn. No objections being heard, Councilman Shaw offered the following resolution and moved its adoption: Sec. 19. This ordinance shall be effective immediately upon its passage . RESOLUTION WHEREAS, plans for State Project 27-618-27 showing proposed alignment, profiles, grades and cross-sections, together with specifiFations and special provisions for the reconstruction of County State Aid Highway No. 18 within the limits of the City as a Federal Aid Project have been prepared and presented to the City: NOW, THEREFORE, IT IS RESOLVED that said plans, specifications and special pro- visions be in all things approved. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were three ayes and no nays and the resolution was adopted. PARK BOARD RECOMMENDED FEES AND CHARGES APPROVED. from Hr. Rosland suggesting fee increases for various Park Department activities. As recommended-by the Park. Board and by Mr. Rosland, Councilman Shawls motion was seconded by Councilwoman Schmidt and carried, adopting the recommended fees. COUNCIL ROOM SOUND SYSTEM AWARD APPROVED. system for the new Council Room was presented showing Northwest Sound at $3,396.00, Electronic Design ad 3,447.00, and Hauenstein and Burmeister at $3,675.00. As recommended, Counwilman 'Shaw ' s motion was seconded by Councilwoman Schmidt and carried awarding bid to low bidder, Northwest Sound, Inc. Mr. Hyde presented a memo - I Tabulation of Bids for the sopnd DESIGN OF CITY SEALS SUBMITTED TO EDINA HIGH SCHOOLS. Hyde that a new City seal is needed, and as recommended by him, Councilwoman Schmidt's motion that the Art Departments of the Edina High Schools be approached to work out a design, was seconded by Councilman Shaw and carried. Upon being advised by Mr. NEW COUNCIL ROOM CHAIRS CONTINUED TO NEXT MEETING. bility of purchasing new chairs for use at the Council table. Mayor Pro Tem Courtney, the matter was continued.to the next meeting forscon- sideration by full Council. Mr; Hyde suggested the possi- As suggested by SUBURBAN PUBLIC HEALTH NURSING SERVICE REPORT was accepted by motion of Council- woman Schmidt, seconded by Councilman Shaw and carried. SUBURBAN LEAGUE OF MUNICIPALITIES PROGRESS REPORT ON LEGISLATIVE BILLS NOTED. Mayor Pro Tem Courtney called Council's attention League of Municipalities summarizing the progress cern to Suburban League Officials. No action was to a letter from the Suburban of legislative bills of con- taken. METROPOLITAN COUNCIL IIEMBERS ELECTION DISCUSSED. that at the Metropolitan League of Municipalities I Councilman Shaw advised Council he had moved that the support of the Metropolitan League of the Metropolitan Council be withdrawn until it was determined that the Metropolitan Council should become'elected. was taken. ARCHITECTS TO BE RETAINED FOR PARK DEPARTMENT BUILDINGS. As recommended by Mr. Hyde, Councilwodn Schmidt's motion was seconded by Councilman Shaw and carried authorizing the 'hiring of three architects to work on the 1) 44th Streer pro- perty, 2) four new park shelters, and 3) the baseball complex building. No action PA"D DEDICATION ORDINANCES CHALLENGED. City of Bloomington has been sued by a dedoper over the city's right to request Mr. Erickson advised Council that the 3/18/74 parkland dedication at the time new plats are approved. He clarified that a number of other municipalities have the same requirements generally, and that Edina's dsfin?t$on o€.'!undexetopdd va3ue.of land" has been used by a number of different municipalities and is now in issue. Following considerable discus- sion Councilman Shaw's motion authorizing the City Attorney to join Bloomington and-iko file a brief as an amicus curiae was seconded by Councilwoman Schmidt and carried. / CLAIMS PAID. and carried for payment df the following claims as per Pre-List: Fund, $103,505.68; Construction Fund, $7,564.66; Park Funds, $17,329.89; Water Fund, $5,958.91; Liquor Fund, $183,565.70; Sewer Fund, $5,379..34; Total, $323,304.18. -- Motion of Councilman Shaw was seconded by Councilwoman Schmidt General No further business appearing, Councilwoman Schmidt's motion was seconded by Councilman Shaw €or adjournment at 8:35 p.m. -d City Clerk