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HomeMy WebLinkAbout19741021_regularMINUTES OF THE REGULARHEETING OF THE OCTOBER 21, 1974 EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, Answering roJlcall were members Courtney, Johnson, Schmidt, Shaw and Mayor Van Valkenburg . MINUTES of October 7, 1974, were approved as submitted by motion of Council- woman Schmidt, seconded by Councilman Shaw and carried. EDINA/BICENTENNIAL FLAGS PRESENTED. in a ceremony, accompanied by fanfare, by Mr. Raymond Bechtle, Chairman of the Edina Bicentennial Commission, lir. Maurice T. Batten and Mr. Paul Iuclce. Com- ments were also made by Representatives Mary Forsythe, Ray 0. Pleasant and John W. Johnson. made this ceremony possible. Edina/Bicentennial Flags were presented Mayor Van Valkenburg expressed the thanks of the City to all who UNITED NATIONS DAY. IPROCMfATION ISSUED.- The following United Nations Day Proclamation was issued by Mayor Van.Valkenburg: PROCL&fiTI ON UMCTED'\NB'IIICONS D&Y Each year the peoples of the world celebrate October 24 as United Nations Day, recalling the date in 1945 when the United Nations Charter came into force. This is an appropriate occasion for people werywhere to renew their adherence to the Charger ideals of peace and human rights and their determination to pro- mote economic and social progress and a greater measure of justice and freedom for all: This year the anniversary occurs at a time of,dramatic change in world affairs. ity for new strides in international cooperation. growing interdependence of nations will inevitably require international institutions to be even more effective in dealing-with this new agenda. nsed to create new arrangements to control new technologies for the common good. We must bridge the interests of rich and poor countries on matters of trade and aid. Important steps have already been taken by the United Nations in-meeting these challenges. Still greater progress is being made this year as a result of a series of international conferences beginning with the Sixth Special Session of the General Assembly on Raw Materials and Development, the first Special Session ever convened to deal exclusively with economic issues. This summer the United Nations began negotiations leading to a comprehensive treaty on-the law of the sea; in August, the UN's 170rld Popula- tion Conference agreed on a global strategy to meet what has been called the principal chaLlenge of.our generation. TJorld Food Conference to help alleviate the present crisis and to devise pre- ventative measures for the future. HOW, THEREFORE, I, JAMES VAN VALKENBURG, Mayor of the City of Edina, do hereby proclaim Thursday, October, twenty-fourth, 1974, as United Nations Day and call upon all the citizens of Edina to observe that day in the spirit of common purpose expressed in the United Nations Charter. I urge everyone, groups or individuals, to participaGe in programs and activities designed to develop an understanding of the problems and potentials of the United Nations and to stimulate discussions of ways to make the United Nations into a more effective organization. I ask all citizens to observe United Nations Day with a sense of rededication to the high truths which we in the.United States hold to be self-evident, as expressed for us in the Constitution and the Bill of Rights and for all the world in the Charter of the United Nations. We sense the promise of a more,peacefulworld and the opportun- In the years ahead the * 'We In November, the UN will hold a YOUTH BPPRECIATION WEEK PROCLAEiATION ISSUED. The following.Youth Appreciation Week Proclamation was issued by Mayor Vq Valkenburg: PROCLAMATION YOUTH APPRECIATION WEEK TJHEREAS, the vast majority of the youth are concerned, knowledgeable and responsible citizens; and VHEREAS, the accomplishments and achievements of these young citizens deserve recognition and praise of their elders; and WHEREAS, Optimist International, has for the past 20 years developed and pro- moted a program entitled Youth Appreciation Week, this year to be observed ITHXREAS, the citizens of Edina have indicated a desire to join with the Opti- mists in expressing and approval of the contributions of the youth, I, James Van Valkenburg, Mayor of the City of Edina, therefore proclaim November 11-17 1974, as Youth Appreciation ?leek in the City of Edina, Minnesota. By this action, let it be known that we have faith in the ability of today's youth as they assume responsilule roles in the future of mzr.t.ind. November 11-17; and ..I 10/2 1/7 4 L PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. presented by Clerk, approved as to form and ordered placed on file. to due notice given, public hearings were conducted and action takeii as herein- after recorded. to be constructed in Southeast Zdina as follows: A. CONSTRUCTION OF SANITARY SEWER 'IIGROVEMENT NO. P-SS-320 IN THE FOLLOWING: Affidavits of Notice were Pursuant Mr. Hyde explained concurrently the utility projects proposed ' West 75th Street from Xerxes Avenue to York Terrace Easement line from York Terrace to York Avenue York Avenue from easement line to West 76th Street West 76th Street to 400' West Total estimated construction cost was given at $106,543.48, less lateral charge of $56,360.02, proposed to be assessed against'171.138 acres at $293.15 per acre. B. GONS'ERUC2ION OF UTERAL SANITARY SEWER IMPROVEMENT NO. P-SS-319 IN THE FOLLOWING : York Avenue from 644' 2 North of West 76th Street to 318' North. York Avenue from West 76th Street to 1083' 2 South Parklawn Avenue from York Avenue to 380' West Total estimated construction cost was given at $95,110.15, proposed to be assessed against 3,609:28 feet 'at $26.35 per assessable foot. C. CONSTRUCTIUN OF LATERAL SANITARY SEWER IMPROVEMENT NO. P-SS-318 IN THE FOLLO\?ING : West 76th Street from 630' West of York Avenue to Franc'e Avenue East side France Avenue from West 76th Street to South City Limits' Total estimated construction cost was given at $94,458.38, proposed to be assessed against 3,800.13 assessable feet at $24,86 per assessable foot. D. SANITARY SET~AGE LIFT STATION AND FORCE MAIN IMPROWINT NO, p-Ls-9 IN THE FOLLOWING : Lift Station - East side France Avenue at a point 875' South of West 76th Force Main - East! side France Avenue from Lift Station to Vest 76th Street Street from France Avenue to 400' West of York Avenue Estimated construction cost was given at $93,224.88, proposed to be assessed against 120.93 assessable acres at an estimated cost of $770.90 per acre. E. CONSTRUCTION OF WATER MAIN LATERAL IIIPROVBMENT NO. P-FfM-290 IN THE FOLLOWING: York Avenue from the South line of Yorktown Addition to W. 78th Street W. 76th Street from York Avenue to France Avenue Total estimated construction cost was given at $168,879.20, proposed to be assessed against 72.51 acres at an estimated cost of $2,329.05 per acre. F. CONSTRUCTION OF STORM SEWER SUB TRUNK AND LATERAL IMPROVEMENT NO, P-ST.S.-142 IN THE FOLLOWING: West 76th Street from France Avenue to York Avenue Pork Avenue from approximately 700' North of West 76th Street to West 78th Street Total estimated construction cost was given at $246,272.85 for the Sub Trunk and $240,000.87 for the Lateral, with the difference in cost of $6,271.98 to be spread against the Sub Trunk. square feet for the Sub Trunk at an estimated cost of $0.00149036 per assessable square feet. It is proposed to assess 2,592.243 assessable square feet for the Lateral at an estimated cost of $0.09258424 per assessable square foot. Hyde explained that the area included in this utility study is approximately bounded on the West by France Avenue, on the East by Xerxes Avenue, on the North by W. 74th Street and on the South by the South City Limits, and except for single family homes on Xerxes Avenue and York Terrace, this area is raw land being used primarily for gravel pit operations. on the Northwest corner of York Avenue and I?. 76th Street has been subdivided and 320 units of apartments are to be constructed, possibly beginning in 1975. Mr. Hyde clarified that these hearings are in response to petitions from the Ebenezer Society and that the plans are based on a comprehensive plan of the area which has been developed by the Planning Department. all of the utilities be installed on York Avenue from W. 74th Street to West 78th Street and on West 76th Street from York Avenue to France Avenue so that the streets will only have to,be torn up once. assessment for those utilities unable to be used at once be deferred until development demands the completion of the system'and that the assessment be levied at that time. Owners of certain tracts of laad in the area will have - to install their own utilities or petition the City to install them in areas where the street patterns have not been definitely established dae to lack of development at this time. Council was advised that the lift station system can be extended to cover the remainder of the area as it is developed and as street patterns become known. while being proposed to be assessed for the trunk, will also have to pay their share of the lift station and force main and will have to pay for their own It is proposed to assess 4,208.392 estimated Mr. One parcel of property It is proposed that It is proposed that the The properties on the Nest side of France Avenue, 10 /2 1/74 lateral service extended past France Avenue. extend the water main systeni into unplatted areas as the ne&d develops. Hyde added'that the storm sewer is sized to accommodate the proposed land usage as proposed in the South Edina Plan. has been requested by the State of Minnesota on the Southern end of Yorlc Avenue and for future development of the area as required. area consists of approximatsly 116.5 acres that will fall out to the France Avenue system and vi@ Pipe and ponds will terminate in Nine Mile Creek West of T.H. 100, be constructed to serve Ebenezer Society projects only. He said that they plan to continue mining for five years and that no improvements will be needed until the end of that period of time. install all improvements at this time bseept-Eor the force main and lift station for which he is also requesting approval at this hearing. of Ebenezer Society*said that they hoped to start construction next spring and that the project would take eighteen months for completion. Following consider- able discussion, Councilman Johnson's motion was seconded by Councilman Shaw and carried, continuing these hearings until November 18,.1974, so that Mr. Dunn could review the contour of the Hedberg property. G. CONSTRUCTION OF STORM SEUER IMPROVEMENT NO. P-ST.S.-143 IN THE FOLLOWING: Recalling that this'hearing has been called as the result of a petition from one of the property opmers, Mr. Hyde presented total estimated construction cost at $3,044.69, proposed to be assessed against the property within the drainage districtrat $164';67 per'l,000 : square feet. 4620 Bruce Avenue is proposed to be assessed at 1% times this rate and 4622 Bruce is proposed to be assessed at 1% times this rate because of special benefits received. Mrs. Jack tiertes, 4620 Bruce Avenue suggested that lowering the driveways between 4620 and 4622 Bruce might be a less expensive solution than the storm sewer. Nayor Van Valkenburg said that I&. Robert $7. Colbert, 4625 Casco Ave,, had called him to request that this hearing be:can€inued. Mr. Dunn said that elevations would be checked again before the assessment hearing. Mrs. Erling Grinley, 4622 Bruce Avenue, recalled that their driveway had been originally torn up to install drain pipes, but that those pipes freeze in cold weather and that the flooding condition is a real hard- ship. regrade the driveways afid assess the cost against the properties proposed to be assessed for th; storm sewer, Councilman Shaw's motion continuing the hearing to November 4, 1974, so that Mr. Dunn would have an opportunity to investigate this possibility, was secoiided by Councilwoman Schmidt and carried. H. CONSTRUCTION OF GRADIhS, GRAVELLING, PEREWJENT STREET SURFACIG ANb CONCRETE CURB- AND GUTTER IMPROVEHENT NO .' P-BA-201 IN THE FOLLONING : Ryan'Avenue from Vest 62nd Street to 395' South Mr. Hyde presented total estimated construction cost at $14,542.78, proposed to be assessed against abutting property at a rate of $39.99 per front foot. Dunn explained that this street is the only $Eront$ge streeh that was not sur- faced at the time the Crosstown Highway was constructed. the County will participate in the cost of the road, one owner would have to pay a large amount for the improvement. man Johnson, 3fr; Ericlcson said that there is a question of whether the County was benefited.. Councilman Courtney's motion was then seconded by Councilman Johnson and carried that the heaking be continued to November 18,'1974, so that the Stke and County could be contacted on'the possibility of their sharing the cost of the improvement. 6201 Ryan Ave., objecting to the improvement because the method of connecting sewer and water has not yet been ascertained. were plans for water, sewer and street improvements to be assessed on a 50% basis, he would not be opposed. BOY SCOUT TROW 68 lJELC01lED. Citizenship in the Community Merit Badge, introduced themselves and were wel- comed by the Council. ORDINANCE NO. 811-A57 TABLED. motion was seconded by Councilwoman Schmidt and carried, kahlingfSgcond Read- ing of Ordinance No. 811-A57 until Partnership Investments, Inc., submit final plans for The 1Jindings. Mr. Luce assured an unidentified lady that Someone in h'er area would be notified before'this matter again comes before Council. ORDINANCE NO. 811458 GRANTED SECOND READING. Mr. Luce presented Ordinance No. 811-A58 for Second Reading. No objections being heard, Councilman Shaw offered the following ordinance for SecohdTReiiding and moved its adoption as follows: Provisions will be made to Mr. f It will also provide the drainage which The total drainage Mr. John Hedberg of Hedberg & Sons, urged that the improvements Mr. Dunn replied that he would prefer to Mr. Merlen Hovden Easement Line between 4620 and 4622'Bruce Avenue from backyard to Bruce Avenue Following'3ir. Erickson's opinion that the City would have the authority to -. Mr. . He added that, unless In reaponse to a question of Council- Note was made of a letter from Mr. E. Hilton Kleven, Mr. Kleven said that if there Boy Scouts from Troup 68 who are working for their As recommended by Elr. Luce, Councilman Courtney's 1' . 10/21/74 ORDINMCE NO. 811-A58 AN ORDINANCE ANENDING THE ZONING ORDINANCE (NO. 811) BY PROVIDING FOR THE lIEb5ERSHIP OF THE BOARD OF APPEALS AND ADJUSTMENTS, INCREASING THE FEE FOR VARIANCE PETITIONS, AND SHORTENING THE TIME FOR APPEAL FROM A DECISION OF THE BOARD OF APPEALS AND ADJUSTMENTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: North of the Southwest corner of said Southwest Quarter; thence East to a point 1629.21 feet North’ of the South line of said Section as measured along a line drawn parallel to the East line of said Southwest Quarter of Section 31 from a point on the North line of said Southwest Quarter 990 feet l?est #,of the ‘Northeast corner of said Southwest Quarter; thence South along said parallel line 543.07 feet; thence West to a point on the Vest: line of said Southwest Quarter distant 1059.36 feet North of the Southwest corner of said Southwest Quarter; thence North along said West line 529.68 feet to the point of beginning; except that part of the above described tract lying Westerly of a line parallel with and 40 feet Easterly of the following described line: Commencing at the closing corner for the Northwest corner of Section 6, Township 116, Range 21; thence South 87 degrees, 24 minutes and 02 seconds East (assuming the l?est line of the Northwest Quarter of said Section 6 as bearing North 4 degrees, 19 minutes and 05 seconds West) a distance of 693.43 feet; thence North 46 degrees, 21 minutes and 27 seconds West a distance of 854.85 feet eo the actual point of beginning of the line to be described; Section 1. Organization of the Board of Appeals and Adjustments. Sub- paragraph (b) of paragraph 6 of Section 12 of Ordinance No. 811 is hereby amended to read as follows: a’(b) established a separate Board of Appeals and Adjustments of the City, which shall consist of three persons. One shall be a member of the City Council, one shall be a member of the Planning Commission, and one shall be a citizen of the City appointed by the Mayor with the consent of the majority of the members of the City Counc5.l. be deemed to be the representative of the Planning Commission for purposes of review and report by the Planning Commission as required by EEnnesota Statutes Section 462.354, subdivision 2. The Mayor and City Council may make as many citizen appointments as they think necessary. serve without compensation, but shall be entitled to reimbursement for expenses incurred in performing their duties. The City Council member shall be the Chairman. but need not, be a member of the Board. Staff services shall be furnished by - the Planning Department of the City.” Sec. 2. Fee for Variance Petitions. Subparagraph (d) of paragraph 6 of Orkanization of Board of Appeals and Adjustments. There is hereby The Planning Commission member shall All members The members shall appoint a secretary, who may, Section 12 of Ordinance No. 811 is hereby amended by changing the fee for variance petitions to $50. Sec. 3. Appeals from Decisions of the Board of Appeals and Ad-justments. The last sentence of subparagraph (f) of paragraph 6 of Section 12 of Ordinance No. 811 is hereby amended to read as follows: :The appellant or petitioner, or administrative official whose order or determination was appealed to the Board, or any owner to whom notice of the hearing is required to be mailed pursuant to this paragraph, may within 10 days file with the City Clerk an appeal to the Council from the decision of the Board.” Sec. 4. and publication. ,Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the ordinance was adopted. ORDINANCE NO. 822-AZ GRAkTED SECOND READING; DARRELL A FARR MINING PERMIT APPROVED. Mr. Luce presented Ordinance No. 822-A2, approving designation of property generally located between Fabri-Tek and the Edina West Apartments as a Temporary Excavation District as requested by Darrell A. Farr. No object- ions being heard, Councilman Shaw offered the following Ordinance for Second Reading and moved its adoption: This ordinance shall be in full force and effect upon its passage ORDINANCE NO. 822-A2 AN ORDINANCE AMENDING ORDINANCE NO. 822, REGULATING THE USE OF LAND FOR FIINING, STRIPPING, EXTRACTION AND EXCAVATION PURPOSES BY ADDING AN ADDITIONAL TEMPORARY EXCAVATION DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. The following Temporary Excavation District is hereby established for a period of two years ending October 24, 1976: .”Area No. 16 That part of the Southwest Quarter of Section 31, Township 117, Range 21, described as beginning at a point on the Vest line of said Section 1589.04 feet 10/21/74 thence North 21 degrees, 55 minutes and 42 seconds West a distance of 617.2 feet; thence along a tangential curve to the right with a radius of 1819.86 feet and a central angle of 16-degrees, 16 minutes and 40 seconds a distance of 517.02 feet; thence Northerly, tangent to the above described curve, a distance of 200 feet and there terminating, according to the Government Sarvey thereof. Sec. 2. This ordinsnce shall be in full force and effect from and after its passage and publication, Notion for adoption of the ordinance was seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the ordinance was adopted. Councilman Shaw's motion granting approval of the Mining Permit as requested by Mr. Darrell A. Farr was then seconded by Councilman Johnson and on roll- call there were five ayes and no nays and*the motion carried unanimously. .MOBILE RADIO' EQUIPMENT CONTRACT APPROVED. Recalling that :ward of contract for mobile radio equipment had been continued from October 7, 1974., I&. Hyde recom- mended that award now be made to Air Com at $31,677.88, low bidder; the only other bid received being from General Communications, Inc., at $34,140.30. Councilman Courtney thereupon moved that the contract for mobile radio equip- ment be awarded as recommended by the City llanager. Councilwoman Schmidt and carried. Notion was seconded by SPLIT-LIQUOR PETITIONS ACCEPTED; ORDINANCE TO BE DRAFTED. Ik, Hyde advised Council that 1,437 signatures had*been received on a petition as follows: We,the undersigned citizens and regcstered voters of the City of Edina, Ifinn- esota, petition that the following question be submitted to the voters of the City of Edina for their approval or rejection at a special election to be held on such date as the City Council may order: Shall the City of Edina, Ninnesota, continue the sale of intoxicating liquor at municipal dispensaries and be authorized to issue "On-Sale" liquor licenses- to a private person or persons for the sale of intoxicat- ing liquor in conjunction with a hotel or restaurant as defined in Ninnesota Statutes, Section 340.07?" . Of the names appearing on the petition, 1,170 were registered voters, with additional signatures not being verified because more names were not needed. Mr. Erickson said that the Statute is not clear, but that he believes that, with the petition in hand, the election should be held. ordina ce should be drafted for CounciJ. Bonsideration hnd that the question of Sunday liquor coulct also be on the ballot. a special meeting should be held so that voters should be aware of all of the facts before the election. Councilman Shaw said that all of the limitations and powers of the Council should be 1cnown.before an election is-held in the reasonable future. The Reverend Robert Ricker, president of the Edima Iriinis8- erial Association, spoke in opposition to split-liquor because of esculating problems in neighboring communities. He referred to a letter from the Associ- ation which had been sent previously to Council. question as to how voters could be encouraged to vote against it, Councilman Courtney suggested that the 14inisterial.Association could make suggestions to Mr. Hyde'ar Nr, Erickson. The City littorney was instructed to draft an ordinance for consideration by Council, with the understanding that licenses odd be given only-to hotels and restaurants, by motion of Councilman. Courtney, seconded by Councilman Shaw and carried. 3IIRROR LAKES PLAT #3 GRANTED FINAL APPROVAL. been met for final approval of Mirror Lakes Plat #3, Mr. Luce recommended that final approval now be granted. lowing resolution and moved its adoption: BE IT RESOLVED by the City Council of the City of Edina, Ninnesota, that that certain plat entitled "Mirror Lakes Plat #3a', platted by Gerald R. Rauenhorst and Henrietta Rauenhorst, husband and wife, and by Ronald A. Erickson, unmarried, and presented at the Edina City Council Meeting of October 21, 1974, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Johnson and on 'rollcall there were five ayes and no nays and the resolution was adopted. I He recommended also that an Councilman Courtney suggested that In reply to Hr. Riclcer's Advising that all requirements had Councilwoman Schmidt thereupon offered the fol- RESOLUTION APPROVING IlIRROR L&ES PLAT #3 Ea WINDINGS FINAL PLAT APPROVAL TABLED. As recommended by Nr. Luce, Councilman Shawls motion was seconded by Councilman Johnson and carried, tabling final plat of the Windings until the final plat is brought in. . KC CAW HEIGHTS 5TH ADDITION AND CHRISTINE IANOR HEARIfG DATE SET FOR PRELIM- INARY PLATS. As recommended by Nr. Luce, Councilman Johnson's motion was sec- onded by Councilman Shaw and carried, setting November 4, 1974, for hearing 10/21/74 dates for preliminary approval of McCauley Heights 5th Addition and Christine Manor. ZONING ORDINANCE AMEND~NT HEARING DATE SET. Councilman Courtney's motion was seconded by Councilman Shaw and carried, setting November 4, 1974, as hearing date for a zoning ordinance amendment pertaining to non-conforming uses and non- conforming buildings. RETAIL SALES IN INDUSTRIAL ZONES TO BE STUDIED.. Councilman Courtney's motion was seconded by Councilman Sham and carried, directing the City Manager to work with the Planning Director in drafting an ordinance which would permit limited retail sales in Industrial Zones in the City. AWARDS FOR OUTSTANDLNG DEVELOPMENTS AND SERVICE TO CITY AUTHORIZED. Council's attention was called to the recommendation of the Planning Commission that developers pf projects that enhance the community be awarded by a resolution from the Planning Commission and the presentation of the Edina Fl'ag. It was further brought out that recognition 0% a similar nature could also be made by the Park Board. Mayor Van Valkenburg said that he thought that the idea was good but that the awards should be made by the Council. It was informally decided that Mr. Hyde would work with the- Planner Recreation to develop procedures for presentation JOINT NEETING DATES SET, As recommended by Mayor Courtney's motion was seconded by Councilman Shaw meeting dates as follows: 1. Council/H.R.A./Planning Commission - November Council Room and the Director of Parks and of awards. Van Valkenburg, Councilman and carried, setting joint 13, 1974 at 7:30 in the 0 01) p? M W 2 3. 4. Council/Planning Commission - Immediately following the Council/H.B.A. / Council/Parlc Board - November 20, 1974, at 4:30 in the Conference Room Council/Human Relations Commission - November 27, 1974, at 4:30 in the Planning Commissi*on meeting Conference Room TRAFFIC SAFETY CONNITTEE MINUTES OF OCTOBER 15, 1974, ACCEPTED; RECOMMENDED ACTION AUTHORIZED. Courtney's motion was seconded by Councilman Johnson and carried, authorizing the following action: 1. 2. 3. 4, As recommended by the Traffic Safety Committeg, Councilman Authorizing an advisory speed plate, curve sign and striping on Merold Drive at Grove Street; Authorizing an improved walkway along lot on the Northeast corner of Tracy Avenue and Countryside Road; Authorization of "School Ahead" warning signs North and South of Calvin Christzan School; Authorization of adoption of a resolution requesting the State Highway Department to conduct an traffic engineering study to lower the speed limit on Indian Hills Road. Councilman Courtney thereupon offered the following resolution and moved its adoption : IIHEREAS, residents living on Indian Hills Road believe that thirty miles per hour is too high a speed limit because of the many curves and hills on Indian Hills Road; NCKJ, THEREFORE, BE IT RESOLVED that the Edina City Council requests that the State Highway Department conduct a traffic engineering speed study on Indian Hills Road in the City of Edina to determine if a lover speed limit can be established on said road. Motion for adoption of the resolution ~47as seconded by Councilman Johrkon and on rollcall there were five ayes and no nays and the resolution was adopted. Councilman Johnson's motion for acceptance of tRe Traffic Safety Committee Min- utes of October 15, 1974, was then seconded by Councilman Courtney and carried. RESOLUTION STORM SEWER NO. ST,S.-141 LIABILITY DISCUSSED. of Mr. Erickson as to who is liable for the partial blocking of a sewer line Mr. Hyde referred to an opinion during the construction of Burger Bros. Building at 44th Stieet and France Ave. S. Mr. Ericlcson summarized his opinion, stating that,:ahile the City is responsible for the storm sewer being plugged, the plugging was due to causes beyond its control. normal assessing procedures inasmuch as it does have the power to assess benefitted properties for the improvement, and that the actual determination should be made at the assessment hearing. - Mr. Erickson recommended that the City proceed ~7ith its 10/21/74 W.JSUIT AGAINST 7124 MARK TERRACE DRIVE PROPERTY AUTHORIZED. Nr. Erickson recalled that the owner of the lot at 1124 Mark Terrace Drive has had a half- built basement fsr nearly a year and that the city can legally fill the base- ment and assess the cost against the property. Mr. Erickson added that the owner of the property has written that he will start construction again before the end of the year. the following resolution and moved its adoption: As recommen'ded by Mr. Ericlcson, Councilman Shaw bffered RESOLUTION BE IT RESOLVED that the Edina City Attorney is hereby authorized to proceed under Ninnesota Statutes, Sec. 463.25 with regard to property located at 7124 Mark Terrace Drive; and BE IT FURTHER RESOLVED that these proceedings be deferred if the owner of the property, in good faith, proceeds to construct the building by December 31, 1974. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. J&BS RUTHERFORD RESIGNATION FROM HUMAN RELATIONS COlDIISSIOX ACCEPTED WITH REGRET. mission was accepted with regret by motion of Councilman Johnson, seconded by Councilman Courtney and carried. ation of the Council to Mr. Rutherford for his service on the Commission. The resignation of Mr.. James Rutherford from the Human Relations Com- The Clerk was instructed to 'convey the appreci- BUS SERVICE EXTENSION APPROVED. Motion of Councilman Courtney was seconded by Councilman Shaw and carried, authorizing the proposed service extension by the Metropolitan Transit Commission as follows : 1. 2. Vernon Avenue between Link Road and Lincoln Drive. Lincoln Drive betyeen Vernon Avenue and the turn-around at 5600 Lincoln Drive. MR. THOMAS BLESSING APPOINTED TO ART CENTER COMMITTEE. As recommended by Mayor Van Valkenburg, Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried, appointing Mr. Thomas Blessing as a member of the Art Center Com- mittee. COUNTY ROAD 18 LAYOUT 23B CONTINUED TO NOVEMBER 4, lq7.4. Mr. Hyde presented ' Hennepin County Layout 23B for the Secf2on of County Road 18 North of Blaloney Avenue which layout involves the houses that front on County Road 18 and the bridge. He recalled that, in response to a letter Centzlo-residents asking for their opinions, ten residents preferred to be relocated, three wanted to remain in their present homes and one wanted more information before making a decision. Mr. Hyde said that Nr. Klossner of the Highway Department had said that he would prefer to take the houses if financing is available. He estimated that it would cost approximately $200,000 for a sound barrier wall and approximatexy :$500,000 additional to take the houses. Ms. Susan Murr, 315 Washington Ave., spoke in favor of moving the houses, stating that construction of the sound barrier would hamper the quality of life for residents. llr. and Mrs. Robert Cashin, 405 Washington Avenue, urged that the houses not be relocated. They explained that they would be unable to buy a comparable house in a comparable neighborhood for the money that they would be paid to relocate and that sucp a move would mean a real financial loss to them. Mr. Luce added that Mr. Klossner had asked him to inform the Council that most people prefer to relocate because costs are usually very beneficial to residents. Nrs. Dennis Olson, 403 Washingcon, requested that residents be given more information before they make up their minds. Mr. Curtis Rothe, owner of 315/313 Washington Ave. S., said that he favors relocation because of disorganization.. He offered to organize a discussion meeting with property owners in the neighborhood. Councilman Johnson's motion was then seconded by Councilman Courtney and carried, continuing the matter to November 4, 1974. I BLAKE ROAD - INTERLACHEN BLVD. ALTERNATE DETOUR DISCUSSED. Councilman Johnson called Councilfs attention to the fact that County Road 18 was, closed on October 16 and that he believed that Edina was getting an enormous amount of traffic . on Blake Road instead of traffic taking the official detour on Shady Oak Road. Councilman Johnson suggested th'at the City ask the County to publicize an alter- nate detour route of Excelsior Blvd. to Highway 100, contending that drivers . should have a designated alternative choice. Mr. Dunn and Nr. Hoffman will . be meeting sith the County on October 23 and will discuss the matter at that time. HENNEPIN COUNTY APPEAL OF BOARD OF APPEALS AND ADJUSTBIENTS SIGN DECISION HEAR- ING SET FOR NOVEMBER 4, 1974. Motion of Counc'ilman Shaw was seconded by Council- man Courtney and carried, setting November 4, 1974,' for hearing date 'of the 20 /2 117 4 1 appeal by Hennepin County to the Board of Appeals and Adjustments decision to deny sign variances for the Hennepin County Libraries in Edina. PROPERTY MARKET VALUES TO BE STUDIED. Councilman Johnson said that a number of people had complained to him that the market value of homes in Edina is considerably higher than the market value of similar homes in other munici- palities and requested that the Metropolitan League of Municipalities be requested to conduct a study of market values in the metropolitan area.in order to determine if Edina is paying a proportionately higher tax. Nr. Hyde agreed that the market value of similar properties is higher in Edina but that the assessed value ratios are relatively close. He clarified that one of the reasons that Edina houses cost more is that they pay at a lower tax rate, adding that Hennepin County made a blanket raise in parts of Edina. Mr. Hyde will ask Mr. Swanson to prepare a report for Council study. METROPOLITAN LEAGUE OF MUNICIPALITIES MEMBERSHIP MEXTING will be held on October 31. Councilman Courtney asked Council members to attend if possible. H.R.A,!CITY OF EDINA LOAN AGREEMENT CLARIFIED. Mr. Erickson clarified that the H.R;A./City of %dina Loan Agreement had been p'reviously approved at the Council Meeting of October 7, 1974. He recalled that at that time, the Council authorized the.transfer of funds in the budget to comply with the request of the H.R.A. but also approved a loan agreement to be executed by the Mayor and the Manager. No action was taken. ORDINANCE NO. 107 ADOPTED ON SECOND READING. following ordinance for Second Reading and qoved its addption: ORDINANCE NO. 107 Councilwoman Schmidt offered the AN :ORDINANCE ESTABLISHING A RECYCLING COMMISSION IN THE CITY OF EDINA AND DEFINING ITS DUTIES THE CITY COUNCIL OF THE CITY OF EDINA, MINNZSOTA, ORDAINS: Section 1. City of Edina, recognizing the need to conserve natural resources and discour- age waste, and in order to thereby improve the overall welfare of the citizens of Edina, does hereby estab'lish the Edina Recycling Commission. Sec. 2. Duties of the Commission. The Commission shall assist and advise the Council on matters relating to the establishment and operation of a recycling center in the City of Edina, and shall make and furnish such studies, reports and recommendations concerning the establishment and operation of a recycling center as the Council may request. Sec. 3. Membership.. The Commission shall consist of five members, all appointed by the Mayor with,the consent of a majority of the Council. of the Commission shall be residents of the City and shall be appointed with due regard to their fitness for the efficient dispatch of the duties imposed upon the Commission. Quality Commission. of two years except that the first Commission appointed shall have two members appointed for only one yeareach. office, a member shall continue to serve until his successor shall have been appointed and approved by the Council. occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. Whenever the term of a member of the Environmental Quality Commission expires, or such member vacates his office, his term on this Commission shall likewise end. Elembers of the Commission may resign voluntarily, or be removed from office by majority vote of the Council, or may automatically be removed from office purpuanh to Ordinance No. 162. Establishment of Recycling Commission. The City Council of the Members One member shall be a member of the Edina Environmental Members of the Commission shall be appointed for terms Upon the expiration of his term of Any person appointed to fill a vacancy See. 4. Organization. The Commission shall: (a) (b) (c) Elect a Chairman and Vice Chairman from among its members for terms of one year. Adopt such bylaws as shall be necessary.or desirable for the conduct Appoint a Secretary from among its members, or request assignment of a staff secretary from the City. If a secretary is assigned by the City, the secretary shall perform only such.clerica1 duties on behalf of the Commission as may be assigned by the Chairman with the consent of the City Manager. assigned to the Commission by the City Manager. 'of its business. Additional advisory staff may be Sec. 5. Meetings. All meetings of the Commission shall be open to the public, be governed bv Roberts Rules of Order and otherwise be held pursuant io its-byla&; date and in such fixed place as it from time to time shall determine in The Cbmmission shall hold its regular meetings on such fixed 10/21/74 advance. transmitted to each member of the Council. age and publication. Notion for adoption of the ordinance was on rollcall there were five ayes and no nays ATTEST : Minutes of all meetings shall be recorded and a copy thereof Sec. 6. This ordinance shall be in full force and effect upon its pass- d L- d- h i I City Clerk ORDINANCE NO, 404-A1 ADOPTED ON SECOND READING. Mr. Erickson called Council's .attention toithemchange in Ordinance No, 404-A1 which had been recommended by the Building Inspector following First Reading of the ordinance. Mr. Hyde, Councilman Shaw offered the following ordinance for Second Reading and moved its adoption: As recommended by =. ORDINANCE NO. 404-A1 AN .QRDINmCE AMENDING ORDINANCE NO. 404 TO REQUIRE ADDITIONAL ELEVATION INFORMATION ON SURVEYS , TO EXTEND TH.E EFFECTIVE PERIbD OF BUILDING PERMITS UNDER CERTAIN CIRCUllSTANCES AND TO REQUIRE, IN CERTAIN CASES, EROSION CONTROL NEASURES PRIOR TO ISSUANCE OF BUILDING A SITE PLAN AND PLANTIE\? SCHEDULE FOR LANDSCAPING WORK AbD PERMITS AND OTHER APPROVALS THE CITY COUNCIL OF THE CITY OF 'EDINA, MINNESOTA, 0RDAJ;NS: by correcting (d) under item (10) thereof, and by adding an (e) to said item (lo), all as follows : Section 1. Paragraph (b) of! Section 5 of Ordinance No. 404 is hereby amended "(d) ?(e) Section 2. Elevations of top of foundation and garage floor of adjacent properties. Elevation of basement floor, top of foundation and garage floor of proposed new construction," Section 5 of Ordinance No. 404 is hereby amended by re-lettering (g), (h), (i) and (j) respectively, and by inserting a new paragraph (c) to read as follows: "(c) Paragraph (d) of Section 302 is amended to read as follows: ' (d) Ekpiration. Except as hereinafter provided, every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. that any such building permit may be extended for up to two additional periods of 120 days each upon written application made to the- Building Official prior to the expiration of the then applicable 120-day perTod for such reasons as adverse weather, shortage of materials, strikes, lack of adequate financing and other conditions beyond the reasonable control of the person to whom such permit was issued. extension shall set forth the facts relXed on for the extension. The applicant shall deliver such additional information and documentation as the Building Official may request to support the application. If granted by the Building Official, such extension shall be in writing and shall be for an additional period of 120 days. shall be conditioned upon payment of a fee in the amount below set out, and shall be further conditioned upon the agreement of the person to whom such extension is issued to comply with any new requirements of this Code which would have had to be complied with if a new permit were issued. tion for such extension. before such work can be commenced or recommenced, a new permit shall be first obtained so to do. The fee for an extension or for a new per- mit shall be one-half tHe amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work and provided, further, that if the original permit was issued one year or more prior to the date the new permit is to be issued, or if the original permit has been extended twice, then the full fee shall be paid for the new permit.'" Section 3. paragraphs (c), (a, <e>, (f), (g), (h), and (i) as paragraphs w, (e), (f), I Provided, however, The application for Such extension Such agreement shall be expressly stated in tKe applica- If a permit expires without extension, then Section 13 of Ordinance No. 404 is hereby amended to read as follows : %ec. 13. Site Plan, Planting' Schedule and Performance Bond for Land- scaping and Other 170rk. 10 /2 1/7 4 2 €4'1. '(a) Site Plan and Planting Schedule. In every case where landscaping, screening or erosion control measures are required by any ordinance of the City, or as a condition to any approval granted by the City pursuant to any ordinance of the City, for any building or structure, or for land-disturbing activity as defined in Section 3 of Ordinance No. 817, other than the construc- tion of one single or eo-family residence or structure whose use is accessory thereto, to be constructed or conducted on any property within the City, the applicant for the required permit or approval shall file with the City Planner a Site Plan of the property drawn to a scale of not less than 100 feet to one inch showing in detail the landscaping or other work to be done on the site. Such site plan shall be prepared by a registered architect, landscape architect, professional site planner or other persoa experienced in such work and acceptable to the Building Official. The applicant shall also file with the City Planner a planting schedule which shall specify the Latin name, com- mon name, caliper and quantity of all vegetative materials shown on the site plan, together with a time schedule for the work to be done, Performance Bond. a performance bond or bonds with a corporation acceptable to the City Counc.iT as surety thereon, in an amount to be determined by the.City Planner, but for at least one and one-half times the amount estimated by the City Planner as the cost of completing the required landscaping and erosion control measures and not to exceed twice such amount. Such bond or bonds shall be in form and substance acceptable to the City Council. erosion control measures do not include the use of vegetative materials, the bond therefor shall be in force until such landscaping or erosion control measures have been completed and approved by the Building Official. such landscaping or erosion control measures do include the use of vegetative materials, the bond therefor shall be in force for at least two complete growing seasons subsequent to the completion and approval of such landscaping or erosion control measures by the Building Official. "(c) Plan, Schedule and Bond to be Filed. No building permit or approval shall be issued until the site plan, planting schedule and bond required under this Section 13 have been filed with the City Planner.''' age and publication. Motion for adoption of the ordinance was on rollcall there were five ayes and no n ATTEST : * '(b) The applicant shall also file with the City Planner Where such landscaping-or Nhere Section 4, This ordinance shall be in full force and effect upon its pass- City Clerk hw A, && ORDINANCE NO. 451-A2 ADOPTED ON SECOND READING. the following ordinance for Second Reading and moved its adoption: Councilman Courtney offered ORDINANCE NO. 451-A2 AN ORDINANCE AMENDING ORDINANCE NO. 451 INCREASING THE FEE FOR SIGN PERMITS AND PROVIDING FOR VARIANCES AND APPEALS THE CITY COUNCIL OF THE CITY OF EDINA, PIIJYNBSOTA, ORDAINS: of Ordinance No, 451 is hereby amended to increase the initial application fee to $50.00. Sec. 2. Paragraph (g) of Section 6 of Ordinance No. 451 is hereby amended to read as follows: "(g) Variances and Appeals. request a variance from the literal provisions of this orctinance by filing a petition for a variance with the Building Inspector or his deputy and paying a fee of $50.00. also may appeal any alleged error in any order, requirement, decision, or determination made by the administrative officer in the enforcement of this ordinance. Appeals shall be filed in the same manner as provided in Section 12 of 0rdinance.No. 811. heard by the Board of Appeals and Adjustments, and may be appealed to the City Council, as provided in said Section 12 of Ordinance No. 811, except that the Board shall grant a variance from the provisions of this ordinance only if the appellant proves that: to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district; of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Section 1. Increase 6f Sign Permit Fees. Paragraph (b) of Section 6 A permit applicant or permit holder may A permit applicant or permit holder Variances and appeals shall be "41.) There are exceptional or extraordinary circumstances applicable "(2) The variance is necessary for the preservation and enjoyment 10/21/74 '*(3) "(4) That the strict application of the ordinance V70Uld constitute That the granting of the variance would not be materially an unnecessary hardship; and detrimental to the public welfare or injurious to the property or improve- ments in the vicinity or zone in which the property is located." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Notion €or adoption of the ordinance wa on rollcall there were five ayes and no nay ATTEST : n Schmidt and llkLe.2. b 7dzuLq City Clerk - DITCH WITCH TRENCHER PURCHASE AUTHORIZED. As recommended by Mr. Hyde, Council- man Courtney's motion was seconded by Councilman Johnson and carried, authoriz- ing purchase of a Ditch Witch Trencher from Ditch Witch of IEnnesota for $2,394.04. CLAIMS PAID. Motion of Councilman Shaw was seconded by Councilman Courtney and carried for payment of the following claims as per Pre-List: $49,078.49; Construction Fund, $242,202.79; Park Funds, $28,797.18; Water Fund, $8,886.52; Liquor Fund, $224,067.18; Sewer Fund, $2,267.93; Total, $555,298.09. General Fund, The agenda-having been covered, Councilman Johnson's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:35 p.m. City Clerk ..