HomeMy WebLinkAbout19740401_regularMINUTES OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL HELD.AT CITY HALL ON MONDAY,
APRIL 1, 1974
Members answering rollcall were Council Members Courtney, Sahmidt, Shaw and
Mayor Van Valkenburg .
MINUTES of March 4, 1974, were approved as submitted,
1974, were corrected with respect to the Karl Krahl Petition for gezoning to
read "He-then moved that the Peti'tion to Rehear the Petition for Rezoning Karl
Krahl Property within one year be approved".
utes as corrected was offered by Councilman Shaw, seconded by Couricilwoman
Schmidt and carried,
Minutes of'March 18,
I Motion for acceptance of the min-
VATERMAIN IMPROVEMENT NO. P-WM-287 CONTINUED TO MAY 6, 1974.
by Mr. Dunn that the petitioner has requested that the hearing be continued to
May 6, 1974, Councilman Courtney's motion was seconded by Councilman Shaw and
carrEed that the hearing be continued as requested.
Being advised
ORDINANCE NO. 811-A48 GRANTED FI-ET READING AND CONCEPT APPROVAL. Affidavits of
Notice were presented by Clerk, approved as to form and ordered placed on file.
Mr. Luce presented the petition for rezoning the Schuster farm property from
R-1 Single Family Residence District to Ph-2 Planned Residential District,
advising that the property is generally located between Dewey Hill Road and W.
78th Street, east of Cahill Road and West of Shannon Drive extended.. Mr. Luce
said that the proposal calls for nine buildings in tbree groups of three in the
central part of the property with single family development on the North side
of the site.
granted subject to the following conditions: 1) There must be a clarification
of the timing of the development so that no more than 50% of either the three
story multiple or the two story multiple projects be allowed to be constructed
until at least 50% of the single family homes have been platted and are easily
available for con6truction; 2) The entire project must be subdivided prior to
construction of any element of the project; 3) All areas shown as pond, flood
plain, or storm water storage must be dedicated to the City of Edina; 4) The
City of Edina must be granted an easement along that area which is shown-as a
bicycle path; and 5) A parkland dedication fee of $52,150 must be received
prior to final plat approval. Planning Commission had also recommended that the
unit sizes be reviewed. Mr. Earl Wilson said that he owns single family lots on
Shaughnessy Drive and requested additional time to study the proposal so that he
could find out what effect the proposal would have on his property, Mr. Mark
Jones, president of the firm which proposes to develop the property introduced
Mr. Roger Freeberg who made a slide presentation to show the character of the
site. Slides were also presented showing detailed site plansl :In response to
a.Lpu_est50nXrpm.an unidentified gentleman in the audience, it was clarified that -
the proposal contains 44 single family lots.
Drive, 3;ecaIled that an original proposal included more bicycle paths than the
present proposal;
pond, Mr. Dunn said that the Barr Engineering Company drainage study of South-
west Edina had indicated that there will be sufficient water to keep the ponds
in good condition.
would range from $75,000 to $100,000. Councilman Shaw was told that Assistant
Fire Chief Buresh had reviewed the plans and did not make "any negative remarks".
Mr. Dale Johnson, 5816 Dewe3 Hill Road, expressed concern about lights from
cars shining on houses on Dewey Hill Road when traffic leaves the proposed
development.
fied that this hearing is for concept approval only.
grade elevations and sewer and water locations would be included when the pro-
posal is brought back to the Planning Commission and Council for final approval.
Discussion ensued as to the possibility of including the Lindquist property in
&he project and as to possible road and traffic patterns.
expressed about having to fill the property to the extent that it might kill
existing trees, Mr. Wilson objected to multiple dwellings being constructed
across from single family dwellings. Mr. Micha5.1 Kelly, 5812 Dewey Hill Road,
was told by Mayor Van Valkenburg that he could meet with the developer to discuss
&;ls &ite.iTiiahive location of roads. Mr. Anthony C. Connor, 7304 Tara Road, was
told that the project contains a total of 336 family units, with 44 single
family units, 75 two story town house type units and the rest multiple residence
units.
the school system and as to which schools children of the area would attend.
Councilman Shaw pointed out that granting of concept approval by eouiicilwould
Planning Commission had recommended that concept approval be
.
Mr. Robert Clark,770.5. Glasgow
In response to Mr. Clark's question on the depth of the
Ms. Florence Trainer was told by Mr. Jones that the homes
, In response to a question of Mayor Van Valkenburg, Mr. Luce clari-
More detailed architecture,
Concern was also
Discussion then ensued as to the impact of the proposed development on
41 1/7 4
in no way guarantee approval of final plans.
the following ordinance for First Reading:
Councilman Courtney 'then offered
ORDINANCE NO. 811-A48
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY ADDING TO THE PLANNED riESIDENTIAL DISTRICT (PRD-2)
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
enlarged by adding the following thereto:
enlarged by the addition of the following property:
Section 1.
"The extent of the Planned Residential District (Sub-District PRD-3) is
That part of the North Half of the Southwest Quarter and that part of
the Southeast Quarter of the Southwest Quarter, Section 8, Township 116,
Range 21,' described as beginning at the Northwest corner of the East 1569.92
feet of the North Half of the Southwest Quarter; thence South along the
West line of the East 1569.92 feet of the North Half of the Southwest
Quarter to the South line of the North Half of the Southwest Quarter;
thence East to the Northwest corner of the Southeast Quarter of the
Southwest Quarter; thence South along the West line of the Southeast
Quarter of the Sout@est Quarter a distance of 733 feet; thence East
parallel with the North line 0% the Southeast Quarter of the Soutfncest
Quarter a distance of 448 feet; thence South parallel with the West
line of the Southeast Quarter of the Southwest Quarter a distance of
528.51 feet; thence deflecting to the left 89 degrees 35 minutes 01 seconds
a distance of '350.16 feet; thence Northeasterly on a tangential curve
to the left having a radius of 1392.70 feet a distance of 176.84 feet;
thence northwesterly radial wiih the last described curve a distance of
10.0 feet; thence Northeasterly along a curve to the left, having a
radius of 1382.70 feet, said curve being parallel with the continuation
of the first described curve, a distance of 365.91 feet more or less to the
East line of the Southeast'Quarter of the Southwest Quarter; thence
North to the Northeast corner of the South 440 feet of the North half
of the Southwest Quarter; thence West parallel with the South line of the
North half of the Southwest Quarter 396.2 feet; thence North parallel
with the East line of the North Half of the Southwest: Quarter to the North
line of the North Half of the Southwest Quarter; thence West to the point
of beginning; except the North 800 feet thereof, which is in Sub-District
PRD-2 .l'
Sec. 2. This ordinance shall be in full force and effect upon its pass-
Paragraph 4 of Section 5 of Ordinance No. 811 of the City is
age and publication.
Hotion granting First Reading and concept approval, subject to stipulations set
forth by the Planning Commission, was seconded by Councilwoman Schmidt and on
rollcall there were four ayes and no nays and the motion was carried.
ORDINANCE NO. 811-A49 GRANTED-FIRST READING.
sented by Clerk, approved as to form and ordered placed on file.
presented an-ordinance recommended by the staff and by the Planning Commission
1 to 1.25 enclosed*spaces,per unit and the requirement for Planned Residential
District zones would be decreased from 1.50 to 1.25 enclosed parking spaces
per unit based on the results of the 1971 Apartment Survey. Following some
discussion, Councilman Courtney offered the following ordinance for First Reading:
Affidavits of Notice were pre-
Mr. Luce
' wfiich would increase the parking requirement for R-3, R-4 and R-5 zones from
ORDINANCE NO. 811-A49
' AN ORDINANCE AMENDING THE. ZONING ORDINANCi (NO. 811)
BY CHANGING THE PARKING REQUIREMENTS IN THE MULTIPLE
RESIDENCE DISTRICT AND IN THE PLANNED RESIDENTIAL DISTRICT
THE: CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
The first sentence of paragraph 7 of Section 4 (Multiple Residence District)
of Ordinance No. 811, as amended, is hereby amended to read as follows:
residence dwelling at least one and one-quarter completely enclosed parkrng
spaces an& three-quarters exposed parking space for each dwelling unit in
the multiple residence district, except that*in the R22 District there shall
be provided two completely enclosed parking spaces for each dwelling unit.**
Sec. 2. Parking Requirements in Planned Residential District.
Subparagraph (2) of subparagraph (b) of paragraph 6 of Section 5 (Planned
Residengial Distr'ict) of Ordinance No. 811, as amended, is hereby amended to
read as follows:
Section 1. Parking Requirements in Multiple Residence District.
. "7.' Parking. There shall be provided on the site occupied by the multiple
"(2) Allqartment buildings: one and one-quarter completely enclosed
parking spaces and three-quarters exposed parking space for each dwelling
unit .@' /
See. 3. This ordinance shall be in full force and effect immediately
upon its passage and publication.
-
. -- ' ORDINANCE NO, 801-A7 GRANTED FIRST READING. Affidavits of Notice were presented
by Clerk, approved as to form and ordered placed on file.
Mr. Luce and by the Planning Commission, Councilman Shaw offered the following
ordinance for First: Reading:
As recommended by
ORDINANCE NO. 801-A7
AN ORDINANCE AMENPING ORDINANCE NO, 801
OF THE CITY PROVIDING FOR REJECTION OF PRELIMINARY PLATS
* IF NOT FINALLY APPROVED IJITHIN ONE YEAR '
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Sections 10, 11 and 12 of Ordinance No. 801 are hereby
Section -2.
"Section 10. One Year Limitation on Plats Receiving Preliminary
Approval.
within one year after the date it receiSed preliminary approval, shall be
deemed rejected by the Council, and the plat must again be filed and
approved pursuant to this ordinance as in the case of a newly presented
plat.
hundGed sixty-five consecutive days , beginning with, and including, the
date preliminary approval is given by the Council."
Sec. 3,
1 renumbered Sections 11, 12 and 13, respectively.
as follows:
There is hereby added to Ordinance No. 801 a new Section 10
Any plat which has not received.fina1 approval by the Council
For purposes hereof, one year shall mean a period of three
This ordinance shall be in full force and effect immediately
upon its passage and publication, and when effective shall be filed with the
office of the Register of Deeds, Hennepin County, Minnesota.
ORDINANCE NO. 801-A8 GRANTED FIRST READING.
by Clerk, approved as to form and ordered placed on file.
staff and by the Planning Commission, Council, Councilman Courtney offered the . following ordinance for First Reading:
Affidavits of Notice were presented
As recommended by the
ORDINANCE NO. 801-A8
AN ORDINANCE AMENDING ORDINANCE NO. 801
OF THE CITY TO REQUIRE DEDICATION OF LAND
OR CONTRIBUTION 'OF CASH FOR PUBLIC PURPOSES
THE.CITY COUNCIL OF THE CITY OF EDINA. MINNESOTA. ORDAINS:
Section 1.
"(a)
Subparagraph (a) of Section 4-of Ordinance No. 801, as amended, 8 is hereby amended to read as follows:
In every plat, replat or subdivision of land to be developed for-
residential , commercial , industrial or other uses, or as a planned development
which includes residential, commercial and industrial uses, or any combination
thereof, a reasonable portion of such land, but not less t6an 5% thereof in
area, shall be set aside and dedicated by the tract owner or owners to the
general public as open space for parks, playgrounds, public open space, or
storm watt& holding areas or ponds, or,_at the option of the City, the tract
owner or owners shall contribute to the City an amount of cash equal to the fair
market value of the undeveloped larid otherwise required to be so Set aside and
dedicated, or set aside and dedicate a part of such land and contribute the
balance of such undeveloped land value in cash.
dedicated for public park and playground purposes pursuant to Section 5 (Planned
Residential District) of Ordrnance No, 811 may be considered as set aside and
dedicated under this Ordinance No. 801 to the extent required hereunder in conn-
ection with such plat, replat or subdivision, but then only to the extent that
such land is in excess of the open space then required by Ordinance No. 811.
Any money so paid to the City shall be placed in a special fund and used only
for the acquisition of land for parks, playgrounds, public open space and storm
water holding areas or ponds, development of existing parks and playground
sites, public open space and storm water holding areas or ponds, and debt
retirement in connection with land previously acquired for such public purposes.
For purposes of this ordinance "fair market value of the undeveloped land" is
defined as the fair market value of the land within such plat, replat or sub-
division as of the date the plat, replat or subdivision is presented to the City
Council for preliminary approval, or if no preliminary approval be given or
required, as of the date so presented for final approval, as determined by the
City Assessor in the same manner as he determines the fair market value of iand
for tax purposes, excluding, in determining such value, all value added to
such-land by improvements, including utilities, streets and other public
iqrovements serving such land, but including in such determination the highest
and best use to which the land can be-put under the zoning district then exist-
ing or under that zoning district to which the land is then ab6ut to be trans-
ferred."
- Sec, 2.
age and publication, and when effective shall be filed with the office of the
Register of Deeds, Hennepin County, Minnesota.
Land then set aside and
This ordinance shall be in full force and effect upon its pass-
4/1/74 . 9 at"
p.
h
ORDINANCE NO. 801-A9 GRANTED FIRST READING. Affidavits of Notice were
by Clerk, approved as to form and ordered placed on file.
by the staff and by the Planning Commission, Councilwoman Schmidt offered the
following ordinarc e for First Reading:
As recbmmended
ORDINANCE NO. 801-A9
AN ORDINANCE AElENDING ORDINANCE NO. 801 OF THE CITY
TO REQUIRE LAND OR'EASEMENTS FOR PROTECTION
OF NATURAL WATER BODIES
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
Section 1.
#!(b)
Subparagiaph (b) of-Section 4 of Ordinance 801, as amended
is hereby amended to read as follows:
Where any plat, replat or subdivision of land adjoins a natural
'lake, pond or stream, including streams which flow only intermittently, a
strip of land running along all sides thereof which are contiguous to such
lake, pond or stream, which strip shall extend from a line 100 feet upland
from the lake or pond, as measured from the high water mark, and 100 feet
from the centerline of the stream, and to and including the bed and water
body of such lake, pond, or stream, shall be either (i) dedicated to the
City for public use, or (ii) subjected to a perpetual easement in favor of the
City over and in said land and the bed and water body of such lake, pond or
stream for the purpose of protecting the hydraulic efficiency and the natural
character and beauty of such lake, pond or stream. The Planning Commission
shall determine which of these options is more appropriate and shall recommend
to the City Council one of said options.
be granted to the City the right of ingress to and egress from the said strip
of land with men, equipment and material.
determined to be in the best interest of the City, said easement shall also
provide that the owners of the areas as to which such easement is granted shall
not make, do, or place, any fill, grading, improvement or development of any
kind on or to such easement area, or raise the level of the easement area in
any way, but all such right to fill, grade, improve and develop, and to raise
the level of the easement area,,shall be granted by said easement to the City."
ion and publication, and when effective shall be filed with the Office of the
Register of Deeds, Hennepin County, Minnesota.
In either case, there shall also then
Also, where the easement is
Sec. 2. This ordinance shall be in full force and'effect upon its adopt-
ORDINANCE NO. 811-A50 GRANTED FIRST READING. Affidavits of Notice were presented
by Clerk, approved as to form and ordered placed on file.
staff and by the Planning Commission, Councilman Courtney offered the following
ordinance for First Reading: ORDINANCE NO. 811-A50 I
As recommended by the
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY PROVIDING FOR LAPSE OF TRANSFER OR
8
VARIANCE BY NONUSER
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1.
to read as follows:
a'7. Whenever within one year
after the granting in whole or in part of a petition for the transfer of land
from one district to another, or a variance, the owner or occupant shall not
have commenced the erection or alteration of a building or structure as
described in such petition, then the transfer or variance shall become null and
void unless a petition for extension of time in which to commence the proposed
construction or alterations has been granted as provided herein.
Clerk more than 20 days before the expiration of one year from the date
the original petition was approved, shall state facts showing a good-faitti
attempt to use the transfer or variance, and shall state the additional time
requested to commence construction or alteration. Such petition, if it
relates to a variance, shall be presented to the Board of Appeals and Adjust-
ments for hearing and decision in the same manner as the original request
for variance.
and decided by the Council, up311 the report and,recoqmendation of the Pl.&HfiiAg
Commission, in the same manner as the original petition for transfer of land. '
In determining under this paragraph whether the petitioner has made a good-
faith attempt to use the transfer or variance, the Board or Council may consider
such factors as the design, size, expense and type of the proposed construction
or alteration.
ing the original request for transfer or variance, to grant also a two-year
period for the commencement of construction or alteration of the building or
structure utilizing the same, but such two-year period may not .thereafter be
extended. I'
and publication.
Paragraph 7 of Section 12 of Ordinance No. 811 is hereby amended
Lapse of Transfer or Variance by Nonuser.
Such petition to extend time shall be in writing and filed with the City
If the petition relates to a transfer of land, it shall be heard
It shall be within the power of the Board or Council, at the time'of grant-
Sec. 2. This ordinance shall be in full force and effect upon its passage
4/1/74
ORDINANCE NO. 815-A1 GRANTED FIRST READIEG. Affidavits of Notice'were presented
by Clerk, approved as.to form and ordered placed on file. As recommended by the
Planning Commission and by the staff,-Councilwoman Schmidt offered the follow-
ing ordinance and moved its adoption:
ORDINANCE NO. 815-A1
WSE OF VARIANCE OR SPECIAL PERMIT BY NONUSER
Paragraph (f) of Section 8 of Ordinance No. 815 is hereby
XN ORDINANCE A"DING*ORDINANCE NO. 815 BY PROVIDING FOR
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
amended to read-as follows:
Lapse of Variance or Special Permit by Nonuser.
after the issuance or grant of a special permit or variance, the owner or occu-
pant shall not have commenced the work authorized by such special permit or
variance, then the special permit or variance shall become null and void unless
a petition for extension of time in which to commence such work has been granted.
Such petition to extend time shall be in writing and filed with the City
Planner more than twenty (20) days before the expiration of one year from the
date the original special permit or variance was issued or granted, shall state
facts-showing a good-faith attempt to use the special permit or variance, and
shall state the-additional time requested to commence such work. Such petition,
if it relates to a variance, shall be presented to the Board for hearing and
decision and appeal to the Council, in the same manner as the original request
for variance. If the petition relates to a special permit, it shall be heard
and decided by the Council, upon the report and recommendation of the Planning
Commission, in the same manner as the original petition for a special permit.
good-faith attempt to commence such work, the Board or Council may consider
such factors as the design, size, expense and type of the proposed work.
It shall be within the power of the Board or Council at the tinle of
granting the original request for a special permit or variance, to grant a
mo-year period for the commencement of the work authorized thereby, but such
tw&year period may not thereafter be extended.
Sec. 2,
age and publication.
ORDINANCE NO. 811-A!5$lGRANTED FIRST READING AND CONCEPT APPROVAL. Affidavits of
Notice were presented by Clerk, approved as to-form and ordered placed on file.
Mr. Luce presented the request of Ebenezer Society for PRD-5 Planned Residential
District, zoning for property located on the West side of York Avenue between I?.
74th and W; 76t5 Streets. He recalled th?t on March 4, 1974, this proposal had
been removed from the table as placed thereon by the Council on January 21, 1974,
.and that the specific question of the Ebenezer proposal, as well as height and
density limitations established by the Zoning Ordinance had been referred back
to the Planning Commission for review.
action, the Planning Commission had reviewed the Zoning Ordinance and had felt
that density and height of buildings should be controlled by judgment as per-
tains to a given area, that-a mixture of height is desirable and that the Zon-
ing Ordinance should not be amended in these respects. Councilman Courtney
expressed disappointment in the recommendations of the Planning Commission,
reaffirming his position that developers have always asked for the highest
density and the maximum height permitted for their pxpposals and that he is still
of the opinion that the Zoning Ordinance should be amended in accordance with the
wishes of the majority of residents of the City.
the possibility of the Council meeting with the Planning Commission to explain
.this concern.
senting Ebenezer Sociefy, showed slides of the proposed facility, pointing out
that the proposal had been revised to provide for three buildings of 14, 12 and
8 stories, =with a total of 320 uniks , and that the buildings were designed .
particularly with ambulatory problems of residents in mind. He said that this
use would be consistent with the South Edina' Land Use Plan, would create a
minimal amount of traffic for the site, and would provide a needea servkce for
Edina's elderly residents.
ezer Society, explained that the development had been proposed in response to
requests from Edina zesidents and that he would be willing, if Council felt it
best, to 'construct three twelve story buildings, rather than the buildings of
varied heights as proposed. The architect for Ebenezer Society said that this
proposal would nof be as aesthetically pleasing or as good architecture 'as the
14, 12 and 8 story proposal. Councilwoman Schmidt said that she can see a 26
story building in Bloomington from her home and that she thinks, considering that'
this is proper land use, that the proposed buildings would be all right in this
particular area.
questioned the amount of rent proposed to be charged and the fact that- there are
Section 1.
"(f) If within one year
In determining under this paragraph whether the petitioner has made a
This ordinance shall be in full force and effect upon its pass-
Mr. Luce said that, pursuant to this
Mayor Van Xallcenburg suggested
With the aid of the view-graph, Mr. Walter Baker, attorney repre-
Mr. Luther Moberg, Chief Executive Officer 6f %en-
Mrs. Meredith Hart, Chairwoman of the Human Relations Commission,
97
,
nursing services provided.
incomes. Mrs. Hart was advised that rents had not been definitely established
but that they would probably be in the higher bracket to cover the cost of
social services and food. She was also told that there would be no subsidized
apartments in this development. Mr. Scott T. Rex, 5209 Danens Drive, said
that he felt that the proposal would fill a real need in Edina. Mr. Wayne Van-
dervork spoke in behalf of owners of the property, stating that the proposal is
compatible with the area, that there would be no adverse effect on the environ-
ment, walkways in the area would permit residents to shop in the community,
additional revenue would be provided to the City and the proposal would not
generate.any traffic problems.. Mr. Clifford Sommer, 6400 York Avenue, said
that he preferred the staggered appearance of the various heights of buildings
as proposed and expressed confidence that Ebenezer Society would do a good job
administering this complex. Mrs. Patricia Llona, President of tfre Edina League
of Women Voters, spoke in favor of the varied height proposal. Mr. Jerry Smith
suggested a total height, rather than the number of stories be considered the
criteria.
granting concept approval for three twelve story buildings died for lack of a
sec6nd.
more green space around it.
a. combination of three buildings, not to exceed' 35 stories in total, whereby two twelve story buildings and one eleven story building could be constructed,
and offered Ordinance 811-A53 for First Readlng as follows:
She expressed concern for people with limited
.
Following considerable discussion, Councilman Courtney's motion
Councilman Shaw said that he would rather see height in this area with
He.theti mwed concept approva1:of the project with *
ORDINANCE NO, 811453
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
BY ADDING TO TKE PLANNED RESIDENTIAL DISTRICT (PRD-5)
THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:
enlarged by adding the following thereto:
enlarged by the addition of the following property:
Section 1.
"The extent of the Planned Residential District (Sub-District PRD-5) is
The East One-Half (E 1/2) of the West One-Half (W 1/2) of the Northeast
One-Quarter (NE 1/4) of the Southwest One-Quarter (SW 1/4) of Section
Thirty-two (32), Township Tventy-eight (28), Range Twenty-four (24) ; and
The South One-Half (S 1/2) of the West One-Half (14 1/2) of the West One-
Half (W 1/2) of the Northeast One-Quarter (NE 1/4) of the Southwest me-
Quarter (St7 1/4) of Section Thirty-two (32), Township Twenty-eight (28),
Range Twenty6 four (24).
Sec. 2,
and publication.
Paragraph 4 of Section 5 of Ordinance No. 83.1 of the City is
This ordinance shall be in full force and effect upon its passage
EBENEZER SOCIETY FIRST ADDITION NEW HEARING DATE SET. Being advised by Mr. Luce
that proper notice had not been given, Councilman Courtney's motion was seconded
by,Councilwoman Schmidt and carried, settingeApril 15, 1974, for a new Prelim-
inary Plat hearing date.
M. P. JOHNSON'S PROSPECT HILLS 2ND ADDITION GRANTED PRELIMINARY APPROVAL,
Affidavits of bublication and of Maiding were presented 3y Clerk, approved as to
form and ordered placed on file. Mr. Luce presented M. P. Johnson's Prospect
Hills 2nd Addition for preliminary approval.
located North of Dewey Hill Road, is in conformance with the surrounding area
and has been approved by the Environmental Quality Commission, the Park Board
and the Planning Commission.
gentleman in the audience, Mr. Luce clarified that a 7O-foot strip located on
the'Eastern boundary which will adjoin the proposed park West of Delaney Blvd.
will be dedicated for parklands.
ing resolution and moved its adoption:
He advised that this plat, which is
In response to a question from an unidentified
Councilwoman Schmidt then offered the follow-
RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL
FORM. P, JOHNSON'S PROSPECT €€ILLS 2ND ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat entitled "M. P.
Johnson's Prospect Hills 2nd Addition", platted by Barron &- Associates, Inc.,
and presented for preliminary approval at the Edina City Council Meeting of
April 1, 1974, be and,is hereby granted preliminary plat approval.
Motion for adoption of the resolution *7as seconded by Councilman Courtney and on
rollcall there were three ayes and no nays with Councilman Shaw abstaining from
voting.
REPLAT OF EVANSVOOD 2ND ADDITION PRELIMINARY PLAT APPROVAL CONTINUED TO JUNE 3, - 1974. Affidavits of Notice were presented by Clerk, approved as to form and
ordered placed on file. Mr. Luce presented Replat of Evanswood 2nd Addition
for Preliminary Approval, which property is located at the North end of Evans-
wood Lane,
based on receipt of cash and parkland dedication by the developer.
reminded that when Evanswood 2nd Addition was subdivided about a year ago, two
lots were platted on Blake Road and the rear portion to the West was labelled
He advised that the Planning Commission has recommended approval,
Council was
.
98 4/1/74
an outlot becanse the Engineering Department was concerned whether the land
could be served with sewer at that time because of the low elevation and the
great distance involved. Mr. James Nystrom, 5225 Evanswood Lane, introduced
residents from Evanswood Lane and presented a petition requesting that no
action be taken on the plat until a full study can be made of the water condi-
tions on the lot and the probable effects resulting from changes in the topo-
braphy of the lot.
bulk of the water would remain on Outlot A.
water would run into Brownswood Addition.
Carson, both -of Schaefer Road, spoke against the development of the property.
Mr. Dunn emphasized that, as development continues, an overall storm sewer
will eventually be needed for the area,
interest in storm sewer or sanitary sewer at this time.
discussion, Councilman Courtney's motion was seconded by Councilwoman Schmidt
and carried, continuing the hearing to June 3, 1974, so that the Engineering
Department can make a further study of the area.
. .
Mr. Jack Clapp, developer of the property, said that the
Mr. Nystrom protested that the
Mr. .John E. Kyllo and Mr. Claude M.
Nr6 Hyde said that neighbors had no
Following considerable
GRANDVIEI? LIQUOR STORE RENODELING BID AI?ARDED.
award of bids for the Grandview Liquor Store remodeling had bden continued EZom
February 25, 1974, because of possible development in the area. He said that
at this time the development seems'uncertain and recommended that the bid be
awarded to Earl Weilcle & Sons, Inc., the low bidder, with a basic proposal of
$54,017.00 which includes all phases of the work. Other bids for the basic pro-
posal were Keho Construction at $55,800.00, Forbroolc Construction at $57,855.00;
Construction '70' at $58,700.00, Elview Constructzon at $ 60,892.00, Berglund-
Johnson, Inc., at $63,450.00, George C, Maurer at $65,200.00 and McCall and
Company at $79,165.00, Councilman Shawls motion was seconded by Councilman
Courtney and carried, awarding congract to Earl Weikle h Sons, recommended low
bidder .
ME. Hyde recalled that the
MARSHALL PIECZENTKOWSKI REQUEST FOR CLARIFICATION ON KRAHL HILL was noted by the
Mayor. The City Attorney was authorized to respond to Mr. Pieczentkowski's
letter and answer-his questions. -
>ERROR .:i PLAT NO. 2 CONTINUED INDEFINITELY. As recommended by Nr. Luce,
Councilman Shawls motion was seconded by Councilwoman Schmidt and carried con-
tinuing Mirror Lakes Plat No. 2 indefinitely.
PETITIONS REFERRED TO ERGINEEEUNG DEPARTMENT. By motion of Councilwoman Schmidt,
seconded by Councilman Shaw and carried, the following petitions were referred
to the Engineering Department for processing:
1.
2.
Extension of Lincoln Drive (submitted by Lincoln Center Properties)
Construction of a connecting road between Ohms Lane and the T.H. 100
West Frontage Road (submitted by Edina Place, Inc. ) . 3. France Avenue Sidewalk - between W. 50th Street and SouthdaleGenter
(submitted by Mrs. Leonard Wolner).
.E
EDINA BAPTIST CHURCH LOT DIVISIONS APPROVED.
Edina Baptist Church for division of several properties to permit additional
parking and access to I?. 54th Street from the parking lot.
heard, Councilman Shaw offered the following resolution and moved its adoption:
Mr. Luce presented the petition of
No objections being .
RESOLUTION
I IJHEREAS, the 'following described tracts of land are now separate parcels:
Lot 23, Block 1, South Harriet Park, Second Addition, Hennepin County
Lot 29, Block 1, of the plat of South Harriet Park 2nd Addition, Hennepin
Lot 30 and Lot 31, Block 1, South Harriet Parlc Second Addition (Parcels
Lot 9;Block 1, South Harriet Park Second Addition, Hennepin County,
Lot 10 and Lot 11, Block 1, South Harriet Parlc Second Addition, Hennepin
Lot 21, Block I, South Harriet Park, Second Addition, Hennepin County,
Lot 22, Block 1, South Harriet Park, Second Addi!ion, Hennepin County,
Minnesota (Parcels 1 and 2);
County, Ninnesota (Parcels 3 and 4): .*
5 and 6);
Minnesota (Parcels 7 and 8)
Eounty, Ninnesota (Parcels 9 and 10)
Minnesota (Parcels 11 and 12)
Minnesota (Parcels 13 and 14); and
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described.%ew and separate parcels (herein called *tParcels") :
Parcel 1 - That part of Lot 23, Block 1, South Harriet Park 2nd Addition, lying
East of the following described line ("Line A"): Commsncing at a point on the
4/1/74 , 99
North line of Lot 28, Block 1, said Addition, a distance of 84 feet West from
the Northeast corner thereof; thence South to a point on the South line of Lot
24, Block 1, said Addition, a distance of 63 feet West from the Southeast
corner thereof; thence continuing South along the last described line
extended to its intersection with the South line of Lot 23, Block 1, said Addi-
tion, and there terminating, according to the recorded plat thereof.
Parcel 2 - That part of Lot 23, Block 1, South Harriet Park 2nd Addition, lying
West of the Line A described in Parcel 1.
Parcel 3 - That part of Lot 29, Block'l, South Harriet Park 2nd Addition lying
West of a line described as follows ("Line A"): Commencing at a point on the
North line of Lot 29, Block 1, said Addition, a distance of 81.7 feet West
from the Northeast corner thereof, thence South to a point on the South
line of Lot 29, Block 1, said Addition, a distance of 84 feet West of the
Southeast corner thereof and there terminating.
Parcel 4 - That part of Lot 29, Block 1, South Harriet Park 2nd Addition, lying
East of Line A described in Parcel 3.
Parcel 5 - That part of Lot 30 and Lot 31, Block 1, South Harriet Park Second
Addition lying East of the following described line ("Line A"):
point on the South line of Lot 24, Block 1, said Addition, distant 63.0 feet
West of the Southeast corner thereof; thence North to a point on the North
lihe of Lot 28, Block 1, said Addition, distant 84.0 feet West of the North-
east corner thereof; thence continuing North along the last described line
extended to its intersection with the North line of Lot 31, Block 1, said
Addition and there terminating.
Parcel 6 - That part of Lot 30 and Lot 31, Block 1, South Harriet Pa?k Second
Parcel 7 - The Easterly 150 feet of Lot 9, Block 1, South Harriet Park, Second
Addition.
Parcel 8 - That part of Lot 9, Block 1, South Harriet Park, Second Addition,
lying West of the Easterly 150 feet thereof.
Parcel 9 - The Easterly 150 feet of Lots 10 and 11, Block 1, South Harriet
Park, Second Addition.
Parcel 10 - That part of Lots 10 and 11, Block 1, South Harriet Park, Second
Addition, lying West of t.he Easterly 150 feet thereof.
Parcel 11 - The East 45 feet of Lot 21, Block 1, South Harriet Park 2nd Addition,
according to the recorded plat thereof, said.45 feet being measured along the
North and South lines of said Lot 21.
Parcel 12 - That portion of Lot 21, Block 1, South Harriet Park 2nd Addition,
lying West of the Easterly 45 feet thereof, said 45 feet being measured along
the North and South lines of-said Lot 21.
Commencing at a poin
a? 0 90
p3 M Addition, lying West of,Line A described in Parcel 5. w
Parcel 13 - That part of Lot 22, Block 1, South Harriet Park, 2nd Addition,
lying East of the following described line ("Line A"): Commencing at a
point on the North line of Lot 28, Block 1, said Addition, a distance of
84 feet West from the Northeast corner thereof; thence South to a point on the
South line of Lot 24, Block 1, said Addition, a distance of 63 feet West from
the Southeast comer thereof; thence continuing South along the last described
line extended to its intersection with the South line of Lot 22, Block 1, said
Addition, and there terminating, according to the recorded plat thereof.
Parcel 14 - That part of Lot 22, Block 1, South Harriet Park, 2nd Addition,
lying West of Line A described in Parcel 13; and
WHEREAS, it has been determined that compliance with the Subdivision and Zoning
Regulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinances
Nos. 801 and 811;
NOW, THEREFORE, it is hereby resblved by the City Council of the City of Edina
that the conveyance and ownership of said parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 811 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose
or as to any other provision thereof, and subject, however, $0 the provision
that no further subdivision be made of said Parcels unless made in compliance
with the pertinent ordinances of the City of Edina ur with the prior approval
of this Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were four ayes and no nays and the resolution was adopted.
LOT..3, BLOCK 2, CHEROKEE .HILLS 6TH ADDITION DIVISION APPROVED.
sented the petition of Mr; Thomas. J. Melody for a lot division which would
Mr. Luce pre-
result in an additional amount of square footage for the Southern most lot so
that the owners of that property will have greater ease in negotiating their
automobile in and out of their garage. No objections being heard, Councilman
Courtney offered the following resolution and moved its adoption:
41 117 4
RE SOLUTION
WREREAS, Lot 1, Block 1, Cherokee Hills 5th Addition and Lot 3, Block 2, Cherokee
Hills 6th Addition are now separate parcels; and
VHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate parcels (herein called "Parcels") :
Lot 3, Block 2, Cherokee Hills 6th Addition, except that portion lying
Southeasterly of a line running from a point in the front or Easterly
line of said lot distant 10 feet Northerly as measured along said front
or Easterly line from the most-Easterly corner of said lot to the most
Southerly corner of said lot; and
Lot 1, Block 1, Cherokee Hills 5th Addition and that part of Lot 3,
Block 2, Cherokee Hills 6th Addition, lying Southeasterly of a line
running from a point in the front or Easterly line of said lot
distant 10 feet Northerly as measured along said front or Easterly
line from the most Easterly corner of said lot to the most Southerly
corner of said lot; and
WHEXEAS, it has been determined that compliance with the subdivision and Zoning
Begulations of the City of Edina will create an unnecessary hardship and said
Parcels as separate tracts of land do not interfere with the purposes of the
Subdivision and Zoning Regulations as contained in the City of Edina Ordinance
Nos. 801 and 811;
Nm7, THEREFORE, it is hereby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 801 and
Ordinance No. 811 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision therof, and sbbject, however, to the provision no
further subdivision be made of said'Parcels unless made in compliance with the
pertinent ordinances of the City of Edina or with the prior approval of this
Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
LOT 8, BLOCK 1, PARKWOOD KNOLLS 16TH ADDITION DIVISION.APPROVED. Nr. Luce pre-
sented the petition of Mr. Harvey Hansen for division of Lot 8, Block 1, Park-
wood Knolls 16th Addl'tion, which di.trision is requested for greater ease in get-
ting in and out of the driveway.
Schmidt offered the following reschtion and moved its adoption:
WHEREAS, the following described tracts of land are now separate parcels:
WHEREAS, the owners of the above tracts of land desire to subdivide said tracts
into the following described new and separate pareels (herein called "Parcels") :
No objections being heard, Councilwoman
RESOLUTION
Lot 8 and Lot 9, Block 1, Parkwood Knolls 16th Addition; and
All of Lot: 9 and that part of Lot 8, Block 1, Parkwood Knolls 16th
Addition, lying Northerly of a line running from a point in the East
line of said Lot 8 distant 26 feet South of the Northeast corner of
said Lot 8 to a point in the West line of said Lot 8 distant 37.59 feet
South of the Northwest corner of said Lot 8; and
Lot 8, Block 1, Parhood Knolls 16th Addition, except that part
lying Northerly of a line running from a point in the East line
of said Lot 8 distant 26 feet South of the Northeast corner of
said Lot 8 to a point in the West line of said Lot 8 distant 37.59
feet South of the Northwest corner of said Lot 8; and
WHEREAS, it has been determined that compliance with the Subdivision and Zon-
ing Regulations of the City of Edina will-create an unnecessary hardship and
said Parcels as separate tracts of land do not interfere with the purposes of
the Subdivision and Zoning Regulations as contained in the City of Edina Ordin-
ance Nos. 801 and 811;
NOW, TJ.EREFORE, it is hexeby resolved by the City Council of the City of Edina
that the conveyance and ownership of said Parcels as separate tracts of land
is hereby approved and the requirements and provisions of Ordinance No. 801
and Ordinance No. 811 are hereby waived to allow said division and conveyance
thereof as separate tracts of land but are not waived for any other purpose or
as to any other provision thereof, and subject, however, to the provision that
no further subdivision be made of said Parcels unless made in compliance with
the pertinent ordinances of the City of Edina or with the prior approval of
this Council as may be provided for by those ordinances.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were four ayes and no nays and the resolution was adopted.
LOT 6, BLOCK 1 , Pm?OOD KNOLLS 15TH ADDITION iOT DIVISION CONTINUED.
presented the. petition of Parkwood Knolls Construction Company for division
of a double bungalow down the party wall for sdparate ownership purposes. He
recalled that in the past the Planning Commission has approved numerous divi-
.
'
Mr. Luce
?? 0 00 rn M w
sion of thi
4/1/74
type and recommended the approval of the proposed division
contingent on the developer providing separate utility services for each unit
and his compliance with Ordinance No. 1111-A1 and No. 1101-A2.
Hansen objected to compliance with these ordinances, inasmuch as they had not
been adopted at the time the property was built. He added that it did not make
any sense to tear up an established lawn for this pumpose. Mr. Erickson
explained that the theory behind the matter is that if there had been two houses
at the time of construction, there would have been separate assessments.
added that we have had many cases where the City has received full payment by
asseSsment or by the developer paying the full cost of the improvements and yet
making a connection charge for future hookups. Following considerable discussion,
Councilman Courtney's motion was seconded by Counwilwoman Schmidt and carried
that the matter be continued to the next meeting so that Mr. Hansen will have
an opportunity to discuss the matter with the City Attorney and the staff.
Mr: Harvey
He
HEARING DATES SET FOR VARIOUS ZONING MATTERS. As recommended by Mr. Luce,
Councilman Courtney's motion was seconded by Councilwoman Schmidt and'carried
setting April 15, 1974, for hearing date for the following zoning matters:
I. Lewis Engineering Company - 5229 Eden Ave. - R-1 Residential District to
PID Planned Industrial District
2. Melvin C. Gittleman - Krahl Hill - R-1 Residential District to PRD-3 Planned
Res iden t i a1 Dis tric t
3. Metram Properties - South of W. 70th Street, East of Nine Mile Creek - R-1
Single Family Residenee District to PRD-3 Planned Residential District
4. Metram 1st Addition - Preliminary approval
5. Ordinance amendment requiring submission of final development plans within
one year after preliminary (concept) approval)
OSCAR ROBERTS PROPERTY SALE CONTINUED TO JUNE 3, 1974. Ms. Helen Brooks and Robert
Lark, representing Mr. LeRoy Balfanz advised Council that Mr. Balfanz' prospect-
ive buyer had been lost because &he question of the easement had not been clar-
ified by April 1, 1974. Ms..Btooks said that the church had indicated that it
is not willing to sell any property.
City was not in a position to take any action until it is known just what pllris
'are-b&ing::made for the property.
with the church in regard to the easement. Mr. Hurley, President of the Parish
Council of Our Lady of Grace Church, said that the church is only interested in
beautifying the total area involved.
said that the church would like to go on record that it does not want to make
any problem for Mr. Balfanz. Mr. Patrick Finley, Chairman of the Finaxice Com-
mittee of the church, was also in attendance at the meeting.
it is only fair for the City to sell Mr. Balfanz enough property so that his
land is buildable. In reply to a question of Mr. Lark, City Attorney Erickson
advised that the City is not required to follow any bidding procedure and that
only a resolution is needed stating that the property is no longer needed for
public purposes.
motion was seconded by Councilman Shaw and carried continuing the matter to
June 3, 1974.
Mayor Van Valkenburg recalled that the
He clarified that no agreement has been made
Mr. Arnold Madigan, Secretary of the Parish,
Mr. Lark said that
Following considerable discussion, Councilman Courtney's
FRANK BUETEL SUIT NOTED. Council's attention was called to a suit in the amount
of $15,000 for damage caused by water seepage at the home of Mr. Frank Buetel,
6016 Olinger Blvd. The matter has been referred to the insurance company and to
the City Attorney.
REAL ESTATE TAX CASES APPEAL-CONTINUED. In accordance with the recommendation
of the City Attorney, Councilman Shaw's motion was seconded by Councilman
Courtney and carried continuing the matter of the Edina tax appeal to April 15, 1974:
BICYCLE PATH SIGNING CONTINUED. As recommended by Mr. Dunn, Councilman Shaw's
motion was seconded by Councilman Courtney and carried, continuing the question
of bicycle path signing to $@y'6,!1974. I
EDINA COURT SIGNING CONTINUED TO APRIL 15, 1974. .A number of Edina Court resi-
dents appeared to advise Council that people have still been parking in front
of their driveways causing great inconvenience. Mr. Glen Smith, 5614 Sherwood
Avenue, joined the discussion by objecting to the fact that students park in
front of his home and that there is no place for his guests to park.
gested the possibility of giving residents permits to give to friends and that
all others parking near the school be stagged. Mr. Hyde recalled that the
school parking has caused considerable trouble over the years and that no
satisfactory solution has been found. Following considerable discussion,
Councilman Courtney's motion was seconded by Councilman Shaw and carried, refer-
ring these problems back to the Traffic Safety Committee.
He sug-
1,oz 4/1/74 f
HOUSIHG AND REDEVELOPMENT AUTHORITY COMMISSIONERS APPOINTED. As recommended
by Mayor Van Valkenburg, Councilman Shaw offered the following resolution and
moved its adoptjon:
A RESOLUTION APPROVING THE APPOINT~NT OF THE
HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA,
MINNESOTA
BE IT RESOLVED‘by the City Council of Edina, Minnesota, that the appointment by
the Mayor of Edina, Ninnesota, of Gary B. Lyall, Charles N. Freeburg, James W.
Nelson, Lawrence W. Rixe and William F. Greer to serve as Commissioners of the
Housing and Redevelopment Authority of Edina, Minnesota, for the period set
opposite their names in the Certificate of Appointment dated April 1, 1974, be
and the same is hereby approved:
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and’
on rollcall there’were four ayes and no nays and the resoluhion was adopted.
Certificate of Appointment mentioned above indicated the terms of office of
Commissioners as follows: Gary B. Lyall, 1 year; Charles W. Freeburg, 2 years;
James W. fielson, 3 years; Lawrence I?. Rixe, 4 years; William F. Greer, 5 5ears.
Mayor nan Valkenburg advised Council that Mr. Rixe and Mr. Greer had resigned
memberships on otfier bodies of the City to accept their positions, whereupon
Councilman Courtney offered the ‘following ‘ resolutions and moved their adoption:
WHEREAS, Lawrence W. Rixe has served as a member of the Board of ’Appeals and
Adjustments since 1966; and
17HEREAS, during those yany years, Lawrence TJ. Rixe has given most generously of
his time and energy in service on the Board of Appeals and Adjustments; and
WHEREAS, Lawrence N. Rixe has now submitted his resignation from the Board of
Appeals and Adjustments and has accepted a new appointment as a member of the
Edina Housing and Redevelopment Authority;
NOW, THEREFORE, BE -IT RESOLVED that the Edina City Council express its most
sincere appreciation and thanks for the dedication to duty of
Z6E more than eight years of service as a member of the Edina Board of Appeals
and Adjustments; and
BE IT FURTHER RESOLVED that a..copy of this’ Resolution be spread upon the Minutes
of the Edina City Council and that an appropriate copy of this Resolution be
presented to Lawrence I?. Rixe as he.enters into this new phase in the service of
his community.
l?HE1RGAS3-3?LJl;iam F. Greer has served as a member of the Edina Governmental Com-
mission since its organization in May of 1973; and
IJHEREAS, William F,. Greer has given extensively of his time in his capacity as
a member of the Edina Governmental Commission; and
WHEREAS, William F. Greer has now resigned from the Edina Governmental Costunis-
sion in order to become a member of the Edina Housing and Redevelopment Authority;
NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that
be commended and that the appreciation of the Edina City Council be extended to
him for his service to the community; and
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes
of the Edina City Council and that an appropriate copy of this Resolution be
presented
Commission.
Motion for adoption of the resolutions mas seconded by Councilman Shaw and carried.
Council was advised of a meeting
I
RESOLUTION OF APPRECIATION
LAWRENCE W. RIXE
I RESOLUTION OF APPRECIATION
WILLIAM F. GREER
to William F. Greer upon his retirement from the Edina Governmental
-I .*
SUBURBAN LEAGUE OF MJNICIPALITIES MEETING NOTED.
of the Suburban League of Nunicipalities on Thursday, April 4, 1974, at 8:OO p.m,
at Golden Valley City Hall. There was some discussion on the proposed Bylaws change
which would require Suburban League of Municipalities members to belong to the EEnn-
esota League. No action was taken.
MINNESOTA DEPARTMENT OF ‘HIGHWAYS UTILITY RELOCATION AGREEMENT CONTINUED. AS
recommended by the City Manager, Councilman Shawls motion was seconded by Council-
woman Schmidt continuing the Minnesota Department of Mghways Utility Relocati’on
Agreement to Kpril 15, 1974.
HOUSING MEEDS COMMITTEE REPORT PRESENTED.
the Housing Needs Committee Report and commending the Committee fer a job well
done was seconded by Councilman Courtney and carried.
Councilman Shawls motion accepting
LOCAL 49 PROPOSED SETTLEMENT NOTED.
No action was taken.
Mr. Hyde advised that Local 49 had submitted
.a proposed settlement but that he is not prepared tonigkt to recommend settlement.
4/1/74
,
&- 0 Go P3 w w
FEDERAL VUE-HOUR LEGISLATION DISCUSSED. Mr. Hyde reviewed briefly wage-hour
legislation p2oposdby the Federal government.
EDINA POLICE COMMENDED BY F.B.I.
letter of commendation from the F.B.I. for action taken by the Edina Police
Department in connection with the kidnapping of Mrs. Eunice Kronholm.
No action was taken.
Mr.'Hyde called Council's attention to a
1973 FIRE DEPARTMENT REPORT ACCEPTED by motion of Councilwoman Schmidt, sec-
onded by Councilman Shaw and carried.
ORDINANCE NO. 162 ADOPTED. Mr. Hyde presented Ordinance No. 162 for First
Reading, whereupon Councilman Courtney offered the following ordinance for
First Reading, with waiver of Second Reading and moved its adoption:
ORDINANCE NO. 162
AN ORDINANCE PROVIDING FOR THE AUTOMATIC
REMOVAL OF PUBLIC MEBERS OF
BOARDS AND COMMISSIONS WHO ARE HABITUALLY ABSENT
AND Rl3PEALING INCONSISTENT ORDINANCE PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDINA, PlINNESOTA, ORDAINS:
Section 1. Purpose. The purpose of this ordinance is to provide for
the automatic removal from office of those public members of various govern-
mental boards and commissions whose repeated absence from the regularly
scheduled meetings thereof cause such board or commission to be unable to
effectively perform its duties.
Sec. 2. Removal. Any public member of either the Edina Park Board,
Edina Human Relations Commission, Edina Environmental Quality Commission,
Teen Recreation Board, Building Construction Appeals Board, Board of Appeals
and Adjustment, the Planning Commission or any other board or commission
hereafter created or approved by the City Council, who fails to attend three
(3) consecutive regularly scheduled meetings thereof or who fails to attend
any four (4) such meetings in the span of twelve consecutive months, shall
automatically be removed from office.
Sec. 3. Vacancies Filled. The office of any public member of a govern-
mental board or commission who has been removed pursuant to Section 2 hereof
shall be filled by the appointment of a new public member who shall sene for
the remainder of the term of the member so removed.
be made in the same manner as original appointments to such board or com-
mission are made.
Sec. 4. Repealer. To the extent that any provision of any ordinance
of the City of Edina conflicts or is inconsistent herewith, such provision
is hereby repealed.
This ordinance shall be in full force and effect immediately
upon its passage and publication.
Such appointment shall
Sec. 5.
ORDINANCE NO. 817 ADOPTED ON SECOND READING. Councilman Shaw offered Ordinance
No. 817 for Second Reading and moved its adoption as follows:
ORDINANCE NO. 817
AN ORDINANCE FOR THE CONTROL OF SOIL EROSION AND
SEDIMENTATION AND PRESCRIBING A PENALTY
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1.
Sec. 2. Declaration of Policy; Purpose. It is hereby found and declared
Title. This ordinance shall be-known as the "Soil and Sedi-
mentation Control Ordinance".
that the lands, vegetation and waters of the City are valuable assets and
resources and that such lands are being 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 effects can be greatly reduced by the regulation and
control of the manner in which the surface of such lands and vegetation thereon
are distarbed and changed.
lands and waters of the City, to the maximum extent practicable, from the harm-,-
ful effects of soil erosion and sedimentation through the regulation and
control of the manner in which 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 is to protect the
Sec. 3. Definitions.
Diversion - A 'channel constructed across'or at the bottom of a slope
4/1/74
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 gro.und.surface is worn away by action
Excavation or Cut - An act by which soil or rock is cut into, dug,
of water, wind or gravity.
uncovered, removed, displaced or relocated and shall include the conditions
lresul t ing the re from.
surface prior to cutting or filling.
to the proposed design.
bination thereof and shall include the land in its excavated or filled
condition.
erosion and the movement of sediments into waters or onto lands in the City,
including, but not limited to, tilling, grubbing, clearing, grading, excava-
ting, 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.
cause a landslide.
on a bed of soft material to stabilize.the surface to prevent erosion.
transported by wind or surface water as a product of erosion.
a waterway or at other suitable locations to retain sediment.
*.*
Existing Grade - The vertical location or elevation of the existing ground
Finished Grade - The final elevation of.the ground surface conforming
h Grading - Any stripping, excavation, filling, stock piling or any com-
Land-Disturbing Activity - Any land change which may result in soil
Retaining TJall - A barrier for sustaining a bank of earth liable to
Rip Rap - Broken stones and/or boulders of various mixed sizes deposited
Sediment - Soil or other surface material, both mineral and organic,
Sedimentation Basins or Silt Traps - A barrier, berm or dam built across
..
SEpetative Prokection - Stabilization of erosive or sediment producing
(a) Permanent seeding or sodding, producing areas covered with a turf
of perennial. sod-forming grass.
(b) Short term seeding producing temporary vegetative cover such as
annual grasses, grains or other temporary ground cover.
(c) Mulching - The application of plant or other suitable material
on the newly seeded surface to conserve moisture, hold soil in
place and aid in establishkng plant cover.
areas by covering the soil with:
Sec. 4. Approved Plan Required 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 Department a plan for erosion and sediment control for such
land disturbing activity and such plan has been reviewed and approved by the
City Planner.
Sec. 5 Exemptions. The provisions of this ordinance shall not apply to:
anor land-disturbing activities such as home gardening, individual
home landscaping, repairs, maintenance work, and those land-dis-
turbing activities which in the judgment of the City Planner, as
set forth in writing, will. not result in significant soil erosion
6r the mhvement of sign&fkaht amounts'of sediments into the waters
or onto the lands in the City. In making such determination, 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 of existing soil erosion and sedimentation control
measures, natural vegetation to be preserved on the site during
such land-disturbing activity and the potential danger to surround-
ing property or to bodies of water.
Lands lying within the flood plains in and about Minnehaha Creek
and Nine Mile Creek, 'to the extent to which those areas are regulated
by Edina Ordinance No. 815.
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 beha'lf of a County, State, Federal or other
agency which.the City has no power to regulate or control.
Gravedigging, wells and excavations for .utilities, where the orig-
inal surface conditions are to be restored.
Sec. 6;
(a) Application. Prior to engaging in any land-disturbing activity, an
Application for Plan Approval; Fee.
erosion and sedimentation control plan (the "Plan") shall be sub-
mitted to the Planner together with an application for its approval.
4/i/74
00 cr3 w w
The Plan shall be submitted with each application for approval, accompanied
by the applicant's certification that all land clearing, construction
and development will be done pursuant to said Plan.
prepared or approved and signed by a professional registered engineer,
land surveyor, landscape architect, architect, or other persons acceptable
to the City,
(b) Filing of Application..
the City Planner.
to, and 'request comments within forty-five (45) days from such sub-
mission from the City Engineer, Building Department, Environmental
Quality. Commission, Hennepin Soil and Water Conservation District
and appropriate Watershed District. Applications may be modified
to the persons and agencies above set out.
(1) A time schedule for the work,
(2)
Plans shall be
Seven copies of the Plan shall be filed with
The City Planner shall submit copies of the Plans
.subsequent to filing, and all such modifications shall be submitted
(c) Application Data Required. The Plan shall include the following date:
A Vininity Map drawn to a scale of not less than 1,OOO'feet to
one inch showing the relationship of the site to its general
surroundings.
A plan of the site drawn to a scale of not less than 100 feet
to one inch showing:'
(5)' The boundary lines of the site on which the work is to be
performed, including the approximate acreage of the site.
(ii),Existing topography on the shte and on land adjacent to
the site within one hundred (100) feet of the site boundary
lines.
Existing contours with intervals of not more than.five
(5) feet where the slope is ten percent (10%) or greater
and not more-than two (2) feet: where the slope is less
than ten percent (10%).
(iv) Existing vegetative cover, including marsh lands, grasses,
shrGbbery and trees. The types and location of all trees
greater than six inches (6") in diameter when measured at
a point four feet (4') above ground level shall be speci-
fied. Trees to be removed for streets, drives, buildings,
drainage or other purposes shall be identified.
Proposed improvements on the site including present devel-
opment and future utilization, if known.
measures, vegetative practices+ or other protective devices
to be constructed in connection with, or as a part of, the
proposed work.
ary), and during the life of the facility (permanent).
provisions shall include a timing schedule and sequence of
ope,rations indicating the anticipated starting and complet-
ion 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
control measures, and other related data such as seeding
mixes and rates, type of sod, seedbed preparation,
fertilizer,applications, and mulching.
<viii) A complete adequate grading plan for borrow pits, quarries
and material processing facilities where applicable.
(ix) A general description of the predominant soil types of the
site as determined by the Hannepin Soil & Water Conserva-
tion District.
The name and address of the owner, developer, and applicant.
The applicant's certification stati-ng that all land clearing,
construction and development will be done pursuant to the
appraved Plan and this ordinance.
(xii) Title, scale, north arrow, date and name of individual or
organization preparing plans and specifications.
(3)
(.E%
(v)
(vi) All drainage' provisions, erosion and sediment control
(vii) Provisions for eroston control during construction (tempor-
Such
(x)
(xi)
(d) Fee.
thereof, a filing fee shall be pain in an amount equal to Ten Dollars
($10.00) for the first 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 so affected.
Where work for which a permit is required by this ordinance is started
or proceeded with 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 work nor from any other penal-
ties prescribed herein.
At the time of filing an application, and each modification
4/1/74
1
Sec. 7. Standards and Guidelines.
(a)
(b)
.
?he Plan shall be fitted to the topography and soils so as to create
the least erosion potential.
Permanent vegetation and improvements such as streets, storm sewers 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.
Wherever ;Eeasible, natural vegetation shall be retained and protected.
TJhere inadequate Qegetation exists on land not being disturbed,
permanent vegetation shall be established as soon as possible.
The-smallest practical area of land shall be exposed at any one time
during development.
When land is exposed during development, the exposure shall be kept
to the shortest. practical period of time, but not longer than sixty
(60) days.
(g) Crifical erosion areas exposed during construction shall be pro-
tected with temporary vegetation, mulching or other acceptable means.
(h) Sediment basins (debris basins, desilting basins, or silt traps)
shall be installed 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.
Psm5isions 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 (2:l) unless stabilized by a retaining wall,
cribbing or rip-rap, or other acceptable means.
During grading operations, necessary measures for dust control
will be exercised.
.-
(c)
(d)
(e)
(f) I
(i)
(j)
(k)
(i)
Sec. 8. Issuance or Denial of Approval. Withins 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 conform to the7pmvisions 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. 403, Section 11, guaranteeing the complet-
ion of all drainage provisions, erosion and sediment control measures,
vegetative practices or other provisions (temporary and permanent) for erosion
control during construction and thereafter .
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.
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.
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 operationsaconstituting land-disturbing act-
ivities by snow fencing or other suitable enclosure.
fied by the City Planner where:
as are included in the approved
Sec. 9. Responsibility of Applicant. During operations constituting
All trees greater than six
Sec. 10. Modification of Approved Plans. An apprqved Plan may be modi-
(a) Inspectian has revealed the inadequacy of the .approved Plan to
accomplish the erosion and sedimentation control objectives of the
approved Plan, and appropriate modifications to correct the defic-
iences 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 effectively carried out, and proposed amendments to the
approved Plan, consistent with the requirements of this ordinance
and for the purpose of effectively carrying out the approved Plan,
are agreed to in writing by the City Planner and said applicant.
(b)
4/1/74
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 subject to this ordinance may issue 6ny such permits
unless the applicant therefor shall submit with his application evidence of
an approved Plan pursuant to this Ordinance, or evidence zhat 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, regulations or ordinances relating to the issuance of such per-
mits and are not intended to otherwise affect the requirements for such per-
mits, but where this ordinance imposes a 'greater restriction ypan sucl) land-
disturbing activities than do such other laws, regulations or ordinances,
the provisions of this, ordinance shall govern.
Sec. 12. Monitoring, Reports and Inspections. The Edina Building
Official shall periodically.inspect the land-disturbing activity being done
pursuant' to an approved Plan to insure compli'ance with the approved Plan,
and to determine whether the measures required in the approved Plan are
effective in controlling 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.
forth the measures needed to comply with such approved Plan and shall specify
the time within which such measures shall be completed.
fails to comply within the time specified, he shall be deemed to be in viola-
tion of this ordiriance.
Sec. 13. Extension of Time. If the applicant is unable to complete
the work within the time specified in, the approved Plan, he may, prior to
the expiration of such time, present in writing a request for an extension
of time, setting forth thk reasons for the requested extension. If, in the
opinion of the City Planner, such an extension is warranted, he may grant
additional time for the completiorriof the work, subject to such additional
measures as .he may reasonably require for' erosion and sediment control during
such addittonal time,
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 plant-
ings in effective working condi&on.
Such'notice shall set
If the applicant
Sec. 15. Variances; Appea-1s to Council.
(a) Variances. A11 requests-for variances shall be made and decided
in the following manner:
(ii)
(iii)
(iv)
The applicant shall file a request for a vari-ance with the
City Planner, together with a Ten Dollar ($10.00) filing
fee;
The applicant, shall also file wi th such request the informa-
tion required to be filed by Sec. 6 of this ordinance, with
the changes that will result from the varianceishown thereon;
The City Planner shall submit such information to 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 submission;
Within thirty (30j days after submission of such information,
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 makbc
a recommendation on such request to the City Council, taking
into considdration the standards and guidelines set out in
Sec. 7 of this ordinance.
The City Council at its next regular meeting after receipt
af.rsFich report 'and recommendation shall set a date for hear-
ing thereon, which date shall be not later than sixty (60)
days after the meeting. ~A notice of the date, time,
place and prupose of the hearing shall be published in
the official newspaper of the Cipy at least ten (10) days
before the hearing.
of all interested pe~sona, the Council shall make its decision
at the same or a specified future meeting thereof.
The City Council shall grant a variance only upon finding
that an unusual hardship on the land exists and specifically
that:
(a)
(b)
After hearing the oral or written views
1
the hardship is a mere inconvenience;
the hardship is caused by the particular physical sur-
roundings, shape or topographical condition of the land;
4/1/74
(c) the condition or conditions upon which the request for a
variance is based are, unique and not generally applicable
to other property.
persons presently having an interest in the land; and
the granting of the yariance will not be substantially
detrimental to the public welfare or to other land or
improvements in the neighborhood of the land, and that'such
variance is in accord with the general purpose and intent
(d) 'the hardship is caused by this ordinance and not by any
(d)
I
- -- of this ordinance.
(b) Appeals to Council. Any applicant who deems himself aggrieved by an
alleged error k any order, requirement, decision or determination
made by the City Planner in the administration of this ordinance may
appeal to the City Council 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 relatxng thereto, and tk mailing
address of applicant.
(ii) The City Council at its next regular meeting after receipt by
the CltyXlerk of such appeal shall set a date for hearing
thereon, which shall be not later than sixty (60) days after
the meeting.
the hearing shall be published in the official newspaper of the
City at least ten (10) days prior to the hearing.
ing the oral or written views of all interested persons, the
Council shall make its decision at the same or a specified
future meetihg therebf, '
'
A notice of the date, time, place and purpose of
After hear-
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 violation,
The City, or any person or agency who suffers damage or is likely to suf-
fer 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.
clause or phrase of this ordinance is, for any reason, held invalid or unen-
forceable as to any person or circumstance, the application of such section,
subsection, 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 all provisions hereof, in all other respects,
shall remain valid and enforceable.
Sec. 17. ,Severability. If any section, subsection, paragraph, sentence,
Sec. 18. Disclaimer of Liability. Thiseordinance 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 actioh
taken, or Plan approved, or administration or Council decision made, hereunder.
and publication.
Motion for adoption of the ordinance
rollcall there were four ayes and no nays
ATTEST:
Sec. 19. This ordinance shall be effective immediately upon its passage
City Clerk
ORDINANCE NO. 823 ADOPTED ON SECOND READING, Councilman 6haw.offered the fol-
lowing ordinance for Second Reading and moved its adoption:
ORDINANCE NO. 823
AN ORDINANCE'REGUIATING THE REMOVAL OF
TREES WITHIN THE CITY AND PROVIDING A PENALTY
THE CITY COUNCIL OF THE CITY OF EDINA, BIINNESOTA, ORDAINS:
Section 1. Purpose and Intent. -T€ie City Council hereby finds that it is .
necessary to maintain and protect the existing urban forest in order to pre-
serv'e 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.
4/ 1/7 4 S':O' 3.'
Sec. 2. Definitions. For th purposes of thi
terms bhall have the following -definitions :
d 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.
subdivided pursuant to Ordinance Number 801, together with all land
within the City which has been subdivided but for which no building
(b) ,Undeveloped Land - All land within the City which has not been
'permit has been issued pursuant to Ordinance No. 403.
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 destr ction of any tree growing on
undeveloped land within the City.
Sec. 4. Permit for Removal of Trees; Procedure.
(a) Application. Any person,. firm or corporation desiring to cut down or
remove any tree growing on undeveloped land within the City, and any
person, firm or corporation making application for a building permit
affecting undeveloped land which if granted would require the cutting
down or removal of any tree growing thereon, shall file an application
therefor with the City Clerk on the form provided,by him for such
purpose. Such application shall be accompanied by a fee of Ten Dollars
($10.00). Each application.shal1 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.
application, the applicant shall mark each tree to be cut down or
removed with a red tag.
forward 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)
(2)
(3)
Prior to submitting such
(b) Inspection. Upon receipt of such application, the City Clerk shall
The type of tree or trees and their approximate heights;
The health or condition-of the tree or trees;
Whether or not in his opinion sukh removal is justified by
reason of:
(2) Good forestry practice; or
(ii)
(iii)
The.poor health or dangerous condition of the tree or trees; or
Construction or other improvements being made to the property.
The Director of Parks, or his designee, shall thereupan forward. the
application to the Planning Department.
The City Planner shall review the application
together with the report of the Direckor of Parks, or his designee,
and shall approve or deny the application based upon the standards
set forth in Section 4(b)(3) above tagether with the prupose and
intent of this ordinance as herein set forth in Section 1. If the
application is denied by the City Planner, written notice of.such
action sepcifying the date thereof, together with the reasons therefor,
shall be mailed to the"app1icant at the address. shown in such applica-
tiqn.
applicant.
transferable and shall expire six (6) months from date of issuance.
removal is granted in order to enable the applicant to carry out some
project of development or improvement of the property, such permit
shall be effective only in connection with the actQal accomplishment
of said project,
(c) Approval or Denial.
If approved, the City Planner.shal1 issue the permit to the
(d) Permit Nontransferable; Duration. Any permit granted hereunder is non-
(e) Restricted to' Specific Project. In the event a permit for tree
Sec. 5. Remaining Trees to be Protected. Prior to cutting down or
removing any trees or tree pursuant to a permit issued hereunder, the appli-
cant shall protect all other trees in the vicinity of those to be removed
which may be damaged during such process by installation of snow fencing or
other suitable enclosure.
pursuant 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 written' 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.
Sec, .7. 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 Council in the following manner:.,
Sec. 6. Building Permits Withheld. No building permit shall be issued
I
(a) 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 khe mailing address of applicant.
llu 4/1/74
(b) 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 be not 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
Gearing the oral or written views of all interested persons,
the Council shall make its decision at the same br a specified
future meeting thereof.
.
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 consider'and decide any appeal based,upon the application as amended.
Sec. 9. Exemptions, The provisions of this ordinance shall not apply
to :
(a)
(b) The removal of trees pursuant to Ordinance No. 1035;
(c)
Sec. 10.
The removal of trees by or at the direction of the City of Edina or
any department or administrative official thereof;
The removal of trees pursuant to an Approved Plan under Ordinance
No. 817-.
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 imprisonment for not more than ninety (90) days, or both,
and in addition,-payment of all costs of prosecution and expenses involved
in the case.
sion of any' permit granted for the construction or remodeling of buildings
or for $he subdivision of land.
Violation hereof shall also be grounds for revocation or suspen-
Sec. 11. This ordinance shall be in full force and effect Qiom and upon
on rollcall there were four ayes and no
R.L.S. 1283 BRIDGE CONSTRUCTION CONSENT GRANTED. Mr. Erickson recalled that I in June of 1973, the City received an easement that provided that no improve-
ments were to be -de for property on the Vestern side of County Road 18 with-
out the consent of the City and that any consent to be effective would have
to be filed of record in the appropriate office in the Hennepin County Court
House.
easement area and the City has now been requested to execute a consent for the
construction of the bridge as now located.
the following resolution and moved its adoption:
BE IT RESOLVED by the Edina City Council that the Mayor and Manager are hereby
He clarified that a vehicular bridge had been constructed over the
Councilman Shm thereupon offered . RESOLUTION
authorized to execute and deliver the Consent given pursuant to that certain .
Grant of Easement dated June 1, 1973, given by R.H.P. Investment Company to the
Village of Edina, the purpose of said Consent being for the construction and
maintenance of that certain vehicular bridge as the same is presently locate&
and constructed over and across the South Fork of Nine Mile Creek within that
part of Tract F, lying South of the North 109.21 feet, as measured along the
West line thereof, Registered Land Survey No. 1283, files of the Registrar of.
Titles, Hennepin County, Efinnesota.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were four ayes and no nays and the resolution was adopted.
SANITARY Sm*mR IEPROVEEENTL SS-188 AND VATERMAIN IMPROVEMENT 'Illf-193 CONNECTION
CHARGES LEVIED.
offered the following resolution approving levying presently existing Sanitary
Sewer ii;inprpement No. SS-188 and Watermain Improvement No. WM-193 charges over
a six year period and moved its adoption:
As recommended by Efr. Dalen, Councilman Councilman Courtney
RESOLUTION ADOPTING AND CONFIRMIhY;
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
SANITARY SEVER IKPROVEMENT NO. SS- 188 AND WATERMAIN IMPROVEMENT WM- 193
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows:
1. EieaE&rdkiae~W!h tih&i-p@tP&kiBer having petitioned the Edina City .
Council to assess charges in the amount of $1,067.18 for Sanitary Sewer Imp-
rovement No. 188 and connection charges for Watemain Improvement No. 193 in
the amount of $537.46 against Lot 8, Block 1, Nordic Circle (Plat 76334, Parcel
5600) over a period of six years;
4/1/74
1 pr . a.
2. NOE, THEREFORE, be it resolved thatLsaid assessments shall be payable in
six equal annual installments, the first of said installments, together with
interest at the rate of 5% per annum on the entire assessment from the date
hereof to December 31, 1975, to be payable with the genera1,taxes for the
year 1974; and
3.
transmit to the County Auditor a copy of this resolution and a certified
duplicate of said assessments, with each then unpaid installment and interest
set forth separately, to be extended on the tax lists of the County in accord-
ance with this resolution.
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were four ayes and no nays and the resolution was adopted.
COUNCIL CHAIRS PURCHASE TO BE CONSIDERED. As recommended by Mr. Hyde, Mr. Dalen
said that-he would obkain samples of various chairs so that the Council could
decide which chairs they tltould like.
GLEASON WGLL MOTOR REPAIR AUTHORIZED,
Shawls motion approving repair of the OIeaSon Well motor in the amount of
$1,500 to $1,600 was seconded by Councilwoman Schmidt and carried.
BE IT FURTHER RESOLVED that the- City Clerk shall forthwith prepare and
I
As recommended bp Mr. Hyde, Councilman
p. 0
01) a w w
LIQUOR FUND AS OF JANUARY 31, 1974, was reviewed by Council as ;resented by Mr.
Dalen and ordered placed on file by motion of Councilman Courtney, seconded by
Councilman Shaw and carried.
RESOLUTIONS OF APPRECIATION' EXTENDED TO-RETIRING BOARD AND COMl4ISSION MEMBERS.
Councilman Courtney offered the following resolutions of appreciation to board
and commission'members who have retired from their positions and moved their
adoption:
RESOLUTION OF APPRECIATION
TO
EARL W. CARSON
WHEREAS, Earl W. Carson has served as a member of the Edina Environmental Quality
Commission since its organization on January 31, 1972; and
WHEREAS, during that time, Earl W. Carson has worked diligently toward the
development of goals for the environmental betterment of the community; and
WHEREAS, Earl W. Carson has now resigned from the Edina Environmental Quality
Commission;
NOW, THEREFORE, BE IT FSOLVED that the Edina City Council express its deep
Zhpreciation for the endeavors of
as a member of the Edina Quality Commission; and
BE IT FURTHER RESOLVED that: a copy of this Resolution be spread upon the Mintites
of the Edina City,Council and that an appropriate copy of this Resolution be
presented to Earl W. Carson in appreciation of his efforts as a member of the
Edina Enrironmen.ta1 Quality Commission.
EARL W. CARSON
RESODUTION OF APPRECIATION
MRS. JUNE A. SCHMIDT
TO
WHEREAS, Mrs. June A. Schmidt.has served as a,member of the Edina Environmental
Quality Commission since its organization on January 31, 1972; and
WHEREAS, the dedication exhibited by Mrs. June A. Schmidt was instrumental to
the successful activities and accomplishments of the Edina Environmental Quality
Commission; and
WHEREAS, upon being elected to the Edina City Council, Mrs. Schmidt has resigned
her position as a member of the Edina Environmental Quality Commission;
NOI?, THEREFORE, BE IT RESOLVED that the Edina City Council commends Mrs. June
A. Schmidt for her activities as a member of the Edina Environmental Quality
Commission; and
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes
of the Edina City Council and that an appropriate copy o'f this Resolution be
presented to
MRS. JUNE A. SCHMIDT
upon her :retirement from the Edina Environmental Quality Commission.
RESOLUTION OF APPRECIATION
ELWYN A. ANDERSON
TO
WHEREAS, Elwyn A. Anderson served as a member of the Edina Human Rights Ad Hoc
Committee, having been appointeb to serve in this capacity on February 19, 1968;
and
WHEREAS, Elwyn A..Anderson was appointed by the Mayor and Council of Edina to
serve on the Edina Humn Rights Commission upon its organization on October 7,
4/1/74
1968; and.
T?HE%EAS, Elwyn A. Anderson has served as Chairman of the Edina Human Rights
Commission in 1970; and
WBREAS, Elwyn A. Anderson has now retiTed as a member of the Edina Human
Relations Commission;
NOV, THEREFORE, BE IT RESOLVED that the Mayor and City Council of the City of
Edina join the Human Relations Commission in expressing heartfelt appreciation
to Elwyn A. Anderson on the occasion of his retirement from this Commission; and
BE IT FURTHER RESOLVED that this Resolution be spread upon the Minutes of the
City of Edina and that an appropriate copy of this”Reso1ution be presented to
upon his retirement from the Edina Human Relations Commission. I ELNYN A. ANDERSON
RESOLUTION OF APPRECIATION
TO
MRS. DORIS BARRY
WHEREAS, Mrs. Doris Barry has served as a member of the Edina Human Relations
Commission since*February 1, 1972; and -
WHEREAS, Mrs. Barry has served the community through this Commission in a
dedicated and meaningful manner; and
WHEREAS, Mrs. Barry has now resigned her responsibilities as a member of the
Edina Human Relations Commission;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council joins the Edina
Human Relations Commission in expressing sincere=appreciation to
in recognition of the dedication with which Mrs. Barry has carried on her work
with the Commission; and
BE IT FURTHER RESOLVED that this Resolution be spread upon the Minutes of the
Edina City Council and that an appropriate copy of this Resolution be transmitted
to Mrs. Doris Barry in appreciation of her service on the Edina Human Relations
Commission .‘
MRS. DORIS BARRY
RESOLUTION OF APPRECIATION
TO
ERICK HANSEN
WHEREAS, Erick Hansen has served on the Edina Human Relations Commission as a
WHEREAS, Erick Hansen, during the time of his membership on the Commission, has
contributed to the activities and acComplishments of the Edina Human Relations
Commission;
NON, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express
its sincere appreciation for the efforts-of Erick Hansen as a member of the Edina
Human Relations Commission; and
BE IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes
of the Edina City Council and that an appropriate copy of this Resolution be
presented to
upon the completion of his term of office on the E“dina Human Relations Commission.
college student representative; and 3
ERICK HANSEN
RESOLUTION OF APPRECIATION *
MURRAY ‘WALTON
TO
TJHEREAS, Murray TJalton has served on the Edina Human Relations Commission as a
representative of the student bodies of the Edina High Schools; and
WHEREAS, during the time of his membership on the Commission, Murray Nalton has
given of his time and efforts toward the successful activities and accomplish=
ments of the Edina Human Relations Commission;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express
sincere thanks and appreciation to
MURRAY VALTON
for his activities as a member of the Edina Human Relations Commission; and . .
BEI IT FURTHER RESOLVED that a copy of this Resolution be spread upon the Minutes
of the Edina City Council and that an appropriate copy of this Resolution be
presented to Murray Walton upon the completion of his term of office on the
Edina Human Relations Commission.
RESOLUTION OF APPRECIATION
TO
THE REVEREND DAVID L. WILLIAIlSON
TJHEREAS, the Reverend David L. Williamson has served as a member of the Edina
Human Relations Commission since his recommendation by the Edina School Board
bn February 1, 1970; and
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WHEREAS, during these years, the Reverend David L. Williamson has served
. L the community in this capacity with dedication and perserverance; and
WHEREAS, the Reverend David L. Williamson has now resigned his membership
on the Edina Human Relations Commission;
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Council join the Edina
Human Relations Commission in extending sincere appreciation to
for his fulfillment of his duties as a member of the Edina Human Relations
Commission; and
BE IT FURTHER RESOLVED that this Resolution be spread upon the Minutes of
the Edina City Council and that an appropriate copy of this Resolution be
transmitted to the Reverend David L. Williamson in greatful appreciation
for his service on the Edina Human Relations Commission.
THE REVEREND DAVID L. FJILLIAMSON
RESOLUTION OF APPRECIATION
TO
DR. K. PAUL CARSON, JR.
NHEREAS, Dr. K. Paul Carson, Jr., has served as a member of the Edina Park
Board since 1965; and
SJHEREAS, over these years, Dr. K. Paul Carson, Jr., has exhibited a dedication
which has reflected in the continued growth and development of the Edina park
system;
NOW, THEREFORE, BE IT RESOLVED that the Edina City Council now joins with the
Edina Park Board in expressing most sincere appreciation for the generous
contributions of
in recognition of his many years of dedicated service on the Edina Park Board;
and
BE IT FURTHER RESOLVED that this Resolution be spread upon the 'Minutes of the
Edina Cit? Council and that an apyjropriate copy of this Resolution be trans-
mitted to Or. K. Paul Carson, Jr., in greatful appreciation of the many years
in which he served on the Edina Park Board.
DR. K., PAUL CARSON, JR.
RESOLUTION' OF APPRECIATION
TO
DAVID C. SHERMAN
'GJHEmAS. David C. Sherman has served as a member of the Edina Planning Commis-
sion since February 16, 1970; and
WHEREAS, Elul;.'irig this time, David C. Bherman has given of his time.and efforts
toward the orderly growth and development of the City of Edina;
NOW, THEREFORE, IT IS HEREBY RESOLVED that the Edina City Council does express
its sincere appreciation to
for his most generous contribution to the City of Edina in the capacity as a
member of the Edina Planning Commission; and
BE IT FURTaR RESOLVED that this Resolution be spread upon the pages of the
Minutes of the Edina City Council and that an appropriate copy of this resolu-
tion be transmitted to David C. Sherman in recognition of his service on the
Edina Planning Commission. -
Motion for adoption of the resolutions was seconded by Councilman Shaw and
carried.
DAVID C. SHERMAN
CLAIMS PAID. Motion of Councilwoman Schmidt, seconded by Councilman Courtney
and carried for payment of the following claims as per pre-list:
$147,704.75; Construction Fund, $908.74; Park Funds, $6,600.46; Water Fund,
$4,507.68; Sewer Fund, $42,553.35; Liquor Fund, $41,785.55; Improvements,
$21,052.50; Total, $265,113.03.
General,Fund,
No further business appearing, Councilman Shaw' s motion for adjournment was
seconded by Councilman Courtney and carried. Adjournment at 11:15 p.m.