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HomeMy WebLinkAbout19741118_regular"UTES OF THE REGUIAk 3EETIRG OF THE EDINA CITY COUNCIL HELD AT CITY-IiALL ON ' ?-IONDAY, NOVEMBER 18, 1974 Answering rollcall were members Courtney, Johnson, Schmidt, Shaw and Nayor Van Valkenburg, PUBLIC HEARIXGS CONDUCTED ON VARIOUS IBPROVEIENTS . following hearings had been continued from November 4, 1974: PIr. D;glrh recalled that the A. STOREi SEVER If*PROVEE*E€JT NO. P-ST.S.-143 IN T€E F0LLOT;IING: Easement line between 4620 and 4622 Bruce Avenue from backyard to Bruce Avenue 3ir. Dunn recalled that Council had visited the site in question and advised that he has talked to lir. Jack Blertes, 4620 Bruce Avenue and that it has been agreed. that, because it is late in the construction season, the matter should be continued until next spring. the Mertes' driveway and that nothing .I&+ have to be done to the driveway at 4622 Bruce Avenue. man Courtney's motion was seconded by Councilman Shaw and carried, continuing the hearing until no later than April 21, 1975. notices would be sent out. Nr. Dunn said that it is nowspg~ested to redo No objections were heard from the audience, whereupon Council- Property owners were told that new B. C. D. E. F. G. H. Hr . SANITARY SE37ER IBIPROVEMENT NO. P-SS-320 IN THE FOLLOIIING : Vest 75th Street from Xerxes Avenue to Yorlc Terrace; easement line from York Terrace to York Avenue; York Avenue from easement line to 17. 76th Street; 13. 76th Street to 400' West SANITUY SEWER IIIPROVEEENT NO. P-SS-319 IN THE FOLLOf.7ING: Yorlc Avenue from 644' 2 North of Vest 76th Street to 318' North; York Avenue €rom >?est 76th Street to 1085' 2 South; Parklawn Avenue from York Avenue to 380' West SANITARY SE[.JER IMPROVEMENT NO. P-SS-318 IN THE FOLLOIJING: I?. 76th Street from 6.30' "[;Test of York Avenue to France Avenue; East side of SANITARY SEI?EGE LIFT STATION AND FORCE MAIN IEPROVEMEWT NO. P-LS-9 IN THE FOLLOIENG: Lift Station = East side France Avenue at a point 875' South of 13. 76th Street Force $fain - East side France Avenue from Lift Station to 17. 76th Street from France Avenue from 1.7. 76th Street to South City Limits I France Ave. to 400: Vest of York Avenue I.3ATERMA.IN IlPROVET.IENT NO. P-k?I4-%90 IN THE FOLLOf.7IhG : York Avenue from the South line of Yorktowa Addition to F.3. 78th Street; r;l. 76th Street from York Avenue to France Avenue STOF34 SEUER IWROVEHENT NO. P-ST . S. - 142 IN THE FOLLOT.JING : W. 76th Street from France Avenue to Yorlc Avenue; York Avenue from approxi- STREET IEIPROvEliiENT NO. P-BA-201 IN THE FOLLOVING: Ryan Avenue from 13. 62nd Street to 395' South Dunn advised Council that details on these imraovements have still not been mately 700' North of 17. 76th Street to 13. 78th Street worked out, whereupon Councilman Courtney 's motioh was geconded by Councilman Shaw and carried, continuing these hearings to December 16, 1974. ORDINANCE NO. 811-A60 CONTINUED TO DECEMBER Q, 1974. As recomxended by Mr. Luce, Councilman Johnson's motion vas seconded by Councilwoman Schmidt and carried, continuing the hearing on Ordinance No. 811-A60 to December 2, 1974. ORDINANCE NO. 811-A59 GRANTED SECOND READING. 811-A59 for Second Reading. the following ordinance for Second Reading and moved its adoption: T4r. Luce presented Ordinance No. No objections being heard, Councilman Shaw offered ORDINANCE NO. 811-A59 AN ORDINANCE AEIENDING THE ZONIKG ORDINANCE (NO. 811) TO DEFINE AND REGULATE NONCON??OREIIfiT BUILDINGS AND USES Section 1. Paragraphs 1 and 2 of Section 12 of Ordinance No. 811 are hereby "I. Prospective Operation of Zoning Ordinance. Any nonconforming building THE CITY COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: amended to read as follows: and any nonconforming use may continue, subject to the provisions of paragmph 2 of this Section 12. shall mean any building lawfully existing at the time of adoption of this Ordi- nance which building does not comply with all the restrictions imposed by this Ordinance, or any amendment hereto, governing size, height, setback, floor area ratio, lot area, yards and parlcing of the zoning district in which such building is located. For purposes hereof, the term 'nonconforming use' shall mean any For purposes hereof, the term 'nonconforming, bui.lding' 11/18/74 293. use of land or buildings lawfully existing at the time of adoption of this ordinance which use does not comply with all the restrictions imposed by this ordinance, or any amendment hereto, goirerning the zoning district in which such land use is located. 2. Nonconforming Buildings and Uses. (a) Alterations, Additions and Enlargements. A nonconforming building shall not be added to, altered or enlarged in any manner unless such noncon- forming building, including such additions, alterations and enlargements thereto, shall conform to all of the restrictions of the district in which is located. The foregoing shall not be deemed to prohibit repairs to noncon- forming buildings. (b) Relocation of Buildings. No building shall be moved, in whole or in part, into or within the City, unless every portion of such building which is moved, and the use thereof, is made to conform to all of the restrict- ions of the district in which it is to be located. (c) Restoration of Damaged Building. A nonconforming building, or a building all or substantially all of Tqhich is designed or intended for a non- conforming use, which is destroyed or damaged by fire, wind , earthquake, explosion or other casualty to the extent that the cost of restoration shall exceed one-half of the market valv? of the entire building at the time of the casualty shall not be restored unless said building, and the use thereof, shall conform to all of the restrictions of the district in which it is located. In the event that cost of restoration is less than one-half of the market value of the entire building at the time of the casualty, then the building may be restored without so conforming, but if such restoration is not commenced within one year from the date of the casualty or is not diligently prosecuted to completion, then the building shall not be restored unless the building, and the use thereof, conform to all of the restrictions of the district in which it is located. building or land is discontinued for a period of one year, such use shall not thereafter be renewed and any subsequent use of such building or land shall conform to the restrictions of the district in which it is located. If the use of a building or portion thereof is changed from a nonconforming to a conforming use, such building or portion thereof may not again be used for a nonconforming use. Expansion or Change of Nonconforming Use. The nonconforming use of a part of a building or of land shall not be expanded or extended to any other portion of such building or land, nor changed to any other nonconforming use." age and publication. on rollcall there were five ayes and no it (d) Discontinuance of Nonconforming Use. If any nonconforming use of a (e) Section 2. This ordinance shall be in full force and effect upon its pass- NORNINGSIDE AREA GARBAGE COLLECTION CONTRACT AI?ARDED. Mr. Dunn presented tabulation of three bids received for Morningside area garbage collection. Tabulation $br two collections per week showed Able Sanitation, Inc., low bidder at a cost of $49.90 per resident per year, Edina Morningside Sanitation, Inc., $50.00 and Lake Harriet & Edina Sanitary Service at $54.00. Councilman Courtney said that he had received calls from residents who had hoped that the bid could be awarded again to Edina Morningside Sanitation, but that he had explained the bidding procedures to them. contract in 1973 and had performed in a satisfactory manner at that time. Councilman Courtney's motion was then seconded by Councilwoman Schmidt and carried awarding the bid for twice a week garbage collection for the Morningside area to Able Sanitation, Inc., at'a cost of $49.90 per resident per year. It was pointed out that Able Sanitation had the CLA.RENCE SC€?XARZI<OPF LETTER ON SNOWMOBILES REZERRED TO PARK DEPAmEENT. Mr. Dunn called Council's attention to a letter from Mr. Clarence Schwarzkopf, 5837 Wooddale Avenue, referring to an article in the Minneapolis Star which complained of the damage done to parks in St. Louis Park by snowmobiles. was pointed out that the Edina Director of Parks and Recreation has designated an area outside the Perimeter Road at Braemar Park as a snowmobile trail. The letter was referred to the Park Department by motion of Councilman Shav, sec- onded by Councilman Courtney and carried. It 11/18/74 owners requesting that the pond 1 cated t the end of Nancy Lane and $fill r Lane just North of the Crosstovm- Highway be designated "Nancy Lak6'. Courtney's motion continuing the matter to December 2, 1974, as recommended by the City Manager vas seconded by Councilwoman Schmtdt and carried. Councilman FILLING AND ZONIF!G OF PLAT 73830, PARCEL 7200 (NORTH OF CROSSTOVN HIGHHAY AT VOOD- DALE AVENUE) CONTINUED TO DECEMBER 2, 1974. A petition signed by 43 residents ~7as submitted to Council, which petition expressed opposition to the amount of fill that is being dumped on Plat 73830, Parcel 7200, North of the Crosstown High- way at 17ooddale Avenue. The petition also expressed concern about the possibility of a multiple dwelling dcvelopmant being constructed on the property. As the City Manager had recommended, woman Schmidt and carried, continuing the matter to Dacember 2, 1974, so that the staff will have an opportunity to study the allegations of the petition. Councilman Courtney's motion v7as seconded by Council- TRAFFIC SAFETY COI4KCTTEE MIT?UTES OF NOVEbBER 12 , 1974, ACCEPTED; RECOIffBNDED ACTION AUTHORIZED. Courtney's motion v7as .seconded by Councilwoman Schmidt and carried, authorizing the following actions : 3.. 2. As recommended by the Traffic Safety Committee, Councilman Installation of a DEAD END sign on Aspen Road East of Tamarac Avenue; Installation of a STOP sign on Olinger Road at Olinger Blvd. on May 1, 1975; Center striping of Olinger Blvd. from Vernon Avenue to Tracy Avenue when construction is completed. Councilman Courtney's motion was then seconded by Councilwoman Schmidt and car- ried, accepting the Traffic Safety Committee Ninutes of November 12, 1974. GOVERHMBNTAL COlE.ESSIOT? REPORT CONTINUED FOR FURTJlER STUDY. motion was seconded by Councilman Shaw and carried, continuing for further study the Governmental Commission Report. Councilman Johnson' s WATER DEPARTHENT C0NkE:NDATIONS NOTED. Nr. Dunn advised Council that the American 'I.Jater IJorks Association congratulating the Water Department staff for attaining a zero disabling injury frequency rate. wrote to the Council expressing appreciation to Mr. lloehler and the City of Edina for implimenting the standards of the department with regard to municipal water supplies. NORTHERN STATES POrJER CONPANY RATES TO BE DISCUSSED. meeting of the League of Hinnesota Municipalities to study the proposed increase in Northern States Power Company rates and recalled that the Suburban Rate Auth- ority is also looking into the proposed increase. meeting on November 23, 1974. The Hnnesota Department of Health also I Mr. Dunn referred to a Nr. Dalen will attend the OFF-SALE BEER LICENSE APPLICATIONS APPROVED SUBJECT TO HEALTH DEPARTlIENT APPROVAL. Councilman Johnson's motion was seconded by Councilwoman Schmidt and carried, approving issuance of Off-sale Beer Licenses to Q Petroleum Station #14 at 5401 France Ave. S. and Kabobs, Lnc., at 5101 Arcadia Ave. EipprovaP' of the licenses c7as made subject to the approval of the Health Department. ORDINANCE NO. 107-A1 GRANTED SECOND READING. Councilman Courtney offered Ordi- nance No. 107-A1 for Second Reading and moved its adoption as fOllOF7S: ORDINANCE NO. 107-A1 AN ORDINAISCE !ANENDIIG THE: ORDINANCE ESTABLISHING A RECYCLING COIIMISSION BY INCREASING TIE NUNf3ER OF MEMBERS OF TEE COMNISSION TO SIX AND BY STAGGERING THEIR TERES THE CITY COUNCIL OF TJ3E CITY OF EBINA, BENNESOTA, ORDAINS: Section 1. "Sec. 3. Nembership. Section 3 of Ordinance No. 107 is hereby amended to read as The Commission shall consist of six members, all follows : 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 Comission. One xiember shall be a member of the Edina Environmzntal Quality Commission. Zfembers of the Commission shall be appointed for terms of two years except that the first Commission appointed shall have three members appointed for only one year each. Upon the expiration of a term of office, a member shall continue to serve until that person's successor shall have been appointed and approved by the Council. to the expiration of the term for which that person's predecessor was appointed shall be appointed €or the remainder'of such term. Of the Environmzntal Quality Commission expires, or such member vacates the office, the term of that member on this Commisskon shall likewise end. 14embers Any person appointed to fill a vacancy occurring prior Whenever the term of a member Nembers of the 11/18/74 Commission may resign voluntarily, or be removed from office by majority vote of the Council, or may automatically be removed from office pursuant to Ordinance No. 16 2. " age and publication. Motion for adoption of the ordinance was seconded b on rollcall there were five ayes and no ATTEST : Sec. 2. This ordinance shall be in full force and effect upon its pass- man Schmidt and I dh, City Clerk TEBMS OF OFFICE ANNOUNCED FOR BECYCLING COl@lISSION. clarified that tkms of office for Eacycling Commission members .should be. as Mayor Van Valkenburg - follov7s: For one year term (expiring February 1, 1976) - Mrs. Ardythe Buerosse, Nr. Richard Schibur, Jr. , and Mr. Robert Reid. For two year term (expiring February 1, 1977) - 'Mmes. Virginia Bodine, Nancy Grimsby and Mr. James Bentley. Councilman Shaw's motion approving the recommendations of Mayor Van Valkenburg vas seconded by Councilwoman Schmidt and carried. MARY EEDfA WILLSON RESOLUTION OF CONDOLENCE ADOPTED. death of Mrs. Mary Emma Willson, Councilman Johnson offered the following resolution and moved its adoptfon: WHEREAS, the life of Mrs. Mary Emma Willson, a life-long resident of Edina ended suddenly on November 7, 1974, at the age of 75; and IJHEREAS, during her years as a resident of Edina, Mrs? Willson did endear herself to all who knew her, working actively with The Colonial Church of Edina, the Edina Grange and the Edina Historical Society; ,and WHEREAS, Mrs. Willson worked diligently and productively. for the Village of Edina from June 4, 1956 until her retirement on December 31, 1971; NOTI, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that deepest sympathy be expressed to the family of MRS. MARY EMMA IJILLSON AND BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies be trans- mitted to her children, Mrs. Jean Vician, Mrs. Mary 1-lalker and Frank P. Willson. Notion for adoption of the resolution was seconded by Councilwoman Schmidt and unanimously carried. Upon being advised of the RESOLUTION OF CONDOLENCE BOARD AND COMMISSION NEBBERS DESIGNATED STATUTORY WLOYEES OF EDINA. As recom- I mended by Mr. Dalen, Councilman Johnson offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that all elective and appointive executive officers of the City of Edina, and all elective and appointive executive officers and members of all boards and commissions of the City of Edina, are hereby designated and do hereby become, statutory employees of the City of Edina under the Minnesota Workmen's Compensation Law. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. ERNST & ERNST APPOINTED 1974 AUDITORS. Johnson's motion was seconded by Councilman Courtney and carried, appointing Ernst & Ernst to audit the books of the City for 1974. GR4NDh%7 LIQUOR STORE FIXTURES A\URD CONFIRMED. of three bids received for Grandview Liquor Store fixtures showing Rome Electric low bidder at $4,022.00, Pierson-IJilcox at $4,668.00 and Bloomington Electric at $4,730.00. and carried, confirming the award to recommended lot7 bidder, Rome Electric. CWEK VALLEY WARMING HOUSE PLUNBING ASJARD CONFIRMED. tion of three bids for Plumbing for the Creek Valley Warming House, showed Hovde Plumbing low bidder at $2,603.00, Thoen Plumbing at $2,950.00 and Richfield Plumbing at $3,875.00. at Creek Valley l?arming House showed Allen Heating at $1,095.00 and Hodern Heating low bidder at $898.00. Councilman Courtney and carried confirming the award to recommended low bidders, Modern Heating and Hovde Plumbing. , As recommended by Mr. Dalen, Councilman Mr. Hyde presented tabulation Councilman Johnson's motion was seconded by Councilman Courtney Nr. Hyde presented tabula- Tabulation Tabulation of two bids received for heating Councilman Johnson's motion was seconded by 11/18/7 4 J ASPMISALS AUTHORIZED FOR 5"T.H STREET BUILDINGS. As recommended by IIr. Dalen, Councilman Courtney's mbtion was seconded by Councilman Shaw and carried, author- izing expenditure of an amount not to exceed $1,500 for appraisals for Lunds, National Food Store Building and the Pure 0il.Station property. . POLICE INCIDENT REPORTS QUESTIONED. of alarms reported by the Police Department at 7000 Yorlc Avenue and 7200 Yorlc Avenue, Councilman Courtney questioned the number The matter was referred to the Police Department. PEOPLE MAKING REPORT GIVEN. that the Human Relation& Day, "People Making", was a huge success with large crowds in attendance. GLAZMS;hUD'I - ~ddtiei2man"Jobso~"s motion was seconded by Councilwoman Schmidt aKd ca22ied for payment of the following claims as per Pre-List dated November 11, 1974: General Fund, $42,65723; Construction Fund, $145,053.06; Park Funds, $66,537.17; Water Fund, $4,693.01; Liquor Fund, $182,414,31; Sewer Fund, Councilwoman Schmidt reported that she had heard I - $2,606.20; Total, $443.960.98. No further business appearing, Councilman Johnson's motion €or adjournment 17.2s seconded by Councilwoman Schmidt and carried. Ad3ournment at 7:30 p.m, ._