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HomeMy WebLinkAbout19751006_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY OCTOBER 6, 1975 I I I 7:OO P.M. Answering rollcall were members Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of September 8 and 15, 1975, were approved as presented by motion of Council- ,man Shaw, seconded by Councilwoman Schmidt and carried. SPECIAL ASSESSMENTS LEVIED ON STREET IMPROVE1LIENT E-29, LIGHTING IMPROVEMENT L-9, SANITARY SEWER SS-291 AND 1975 OILING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as hereinafter set forth: A. STREET IMPROVEMENT NO. E-29 IN THE FOLLOWING: Creek Valley Road cul-de-sac at East side of Edina-West School property Mr. Dunn recalled that this hearing had been continued so that the Council cohld obtain additional information on alternate means of assessing the improvement. Mayor Van Valkenburg said that he and Dr. !Hoyt- had agreed that it would be equitable to split the cost of the assessment between the City and the School' District, whereupon Councilman Shawls motion approving the recommendation of the Mayor was seconded by Councilwoman Schmidt and carried. Assessment later in Minutes. ) B. STREET LIGHTING IMPROVEMENT NO. L-9 IN THE FOLLOTJING: ,. W. 70th Street from Highway 100 to France Avenue Mr. Dunn presented Analysis of Assessment showing total construction cost of $4,134.24, proposed to be assessed against 88 assessable units.at $46.98 per unit against estimared assessment of $50.00 per assessable unit. heard and none had been received prior hereto. ment later in Minutes. ) C. 1975 STREET OILING IN THE FOLLOWING: Til. 59th Street between Oakland Ave. and Wooddale Ave. Mr. Dunn presented total construction cost of $885.76, proposed to be assessed against 1,067.20 assessable feet at 83c per foot. No objections were heard and none had been received prior hereto. Minut e's. ) (See Resolution Ordering No objections were ._ (See Resolution Ordering Assess- (See Resolution Ordering Assessment later in I D. SANITARY SEWER IMPROVEMENT NO. SS-291 IN THE FOLLOTJING: West Frontage Road Highway 100 from Til. 44th Street to 615 feet North Mr. Dunn presented total construction cost at $13,014.47, proposed to be assessed against 7 assessable units at $1,859.21 per assessable unit against estimated assessment of $1,948.29 per unit. No objections were heard and none had been received prior hereto. and moved its adopt-ion: Councilman Shaw thereupon offered the following resolution RESOLUTION ADOPTING AND CONFIRMING STREET IMPROVEMENT NO. E-29 . SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STREET LIGHTING IMPROVEMENT NO. L-9 1975 STREET OILING 1 SANITARY SEWER IMPROVEMENT NO. SS-291 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assess- ment rolls for the improvements hereinafter referred to, and at such hearing held on October 6, 1975, has considered all oral and written objections presented against the levy of such assessments. 2. Subject to the amendments made in paragraph 3 of this resolution, each of the assessments as set forth in the assessment rolls on file in the office of the City clerk for the following improvements: Street Improvement No. E-29, Street Light- ing Improvement No. L-9, 1975 Street Oiling and Sanitary Sewer Improvement No. SS-291 does not exceed the local benefits conferred by said improvements upon the lot, txact or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. of Edina and Independent School District 273 shall each pay. one-half of the assessment, each share being $7,696.08. 4. rate of 5% per annum on the entire assessment from the date hereof to December 31, 1976, to be payable wieh the general taxes for the year 1975. The assessments for Street Improvement No. E-29, Street Lighting Improvement No. L-9 and Sanitary Sewer Improvement No. SS-291 shall be payable in ten equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on rhe entire assessment from the date hereof to December 31, 1976, to be payable with the general taxes for the year 1975. 1 Assessment for Street Improvement No. E-29 is hereby amended so that the City 1975 Street Oiling Assessment shall be payable, together with interest at the 10/6/75 cp 0 00 Ki w w 5. The City Clerk shall forthwith prepare aud-+transinit 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 thk tax lists of the County in accordance with this resolution. 6. The City Clerk shall also mail notice of any special assessments which may be payable by a county, by a political subdlvision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. 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. LOT 1, BLOCK 2, SIOUX TRAIL 3rd Addition (6836 Sally Lane) FLOOD PLAIN PERMIT APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. ming pool in the rear yard of Lot 1, Block 2, Sioux Trail 3rd Addition (6836 Sally Lane), which property is located in the Braemar Branch of the North Fork of the Nine Mile Creek Watershed District: sion and the Environmental Quality Commission have reviewed the petition and have recommended approval, along with the staff, subject to the following con- tingencies: 2) dimension at least two inches to allow water flowage; responsibility regarding damage to the structure as a result of flooding or other floodplain related effects. approved, in concept, the proponent's plans, noting that no adverse public effects would be expected in that encroachment into the floodplain is within acceptable limits. a statement which would stipulate that he recognized that the City would have no responsibility and that he would hold the City harmless in the event of flood damage or conditions. resolution and moved its adoption: BE IT F3SOLVED that the Edina City Council does hereby grant approval for a Flood Plain Permit for Lot 1, Block 2, Sioux Trail 3rd Addition, for construction of a swimning pool in the rear yard of 6836 Sally Lane, subject to the following ________ ,,.,~ies : Mr. Luce presented a petition to construct a swim- He advised that the Planning Commis- 1) A grading permit must be obtained from the Watershed District; Any fencing surrounding the pool must be of a fence fabric having a mesh 3) The City assumes no The Nine Mile Creek Watershed District Mayor Van Valkenburg recommended that the petitioner be required to sign Councilwoman Schmidt thereupon offered the following RESOLUTION ..-.--=---- .* 1) 2) 3) 4) A grading permit must be obtained from the Nine Mile Creek Watershed District; Any fencing surrounding the pool must be of a fence fabric having a mesh dimension at least two inches to allow water flowage; The City assumes no responsibility regarding damage to the structure as a result of floociing or other floodplain related effects; The petitioner must sign a statement holding the City harmless in the event of flood conditions or flood related damage. I Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four ayes and no nays and the resolution was adopted. Plr. Luce will draft a permit stipulating the contingencies which must be signed by the petitioner. ORDINANCE NO. 811-A67 GWTED FIRST READING. Affidavits of Notice were presented 1 by Clerk, approved as to form and ordered placed on file. Mayor Van Valkenburg advised that he and Mr. Erickson had reviewed the ordinance and it now conforms with suggestions previously made,by Council. Mr. Foster Dunwiddie, speaking on behalf of the Edina Historical Society, urged the 'adoption of the ordinance, expressing concern that unless appropriate action is.taken, Edina's historic sites may disappear. In response to a.question of Councilwoman Schmidt, Mr. Dunwiddie said that property values of houses listed on the National Register of Historic Sites are generally enhanced. of the interior of houses be controlled. Councilwoman Schmidt offered the following ordinance for First Reading: He also recommended that remodeling Following considerable discussion, ORDINANCE NO. 811-A-67 AN ORDINANCE &ENDING THE ZONING ORDINANCE (NO. 811) THE PROCEDURE FOR ESTABLISHHENT OF THE DISTRICT, KEGULATING WORK THEMIN, REQUIRING REPAIRS ON BUILDINGS AED STRUCTURES THEREIN, A?SD PRESCRIBIXG PENALTIES BY ADDING A HERITAGE PRESERVATION DISTRICT, DETERMINING AND REIIEDIES FOR VIOLATIONS THE CITY COUNCIL OF TEE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering See. 11 (Definitions) and Sec. 12 (Administration) to Sec. 12 and Sec. 13, respectively. '238 10/6/75 Sec. 2. Sec. 2 of Ordinance No. 811 is hereby amended by adding a new dis- Heritage Preservation Discrict (Section 11)" trict to the list of districts herein contained, as follows: 11 Sec. 3: Ordinance No. 811 is hereby amended by adding a nev See. 11 as i foilows : Sec. 11. Heritage Preservation District. Purpose, The City Council of the City of Edina believes that ehe preservation of buildings, landsz areas and districts which poss- ess historical or architectural significance will promote the educational, cultural and general welfare of the residents of the City, and, therefore, establishes the zoning classification to be known as the Heritage Preservation District. 11 I 1. 2. Uses, Site, Requirements. The transfer of land to the Heritage preservation District shall not change or affect, in any way, the uses allowed on, and the restrictions and requirenents then or thereafter applicable to, the land under any other zoning classifi- cation in which the land is then or thereafter located, all of which shall continue to apply, but the additional restrictions of the Heritage Preservation District shall also apply to such land once transferred to the Heritage Preservation District. - 3. Procedure for Establishing a Heritage Preservation District Zoning. The Council shall not consider the transfer of any parcel of land 4. 5. .- .- to the Heritage Preservation District, until it receives the recom- mendation of the Planning Commission accompanied by the report of the Heritage Preservation Board, or until sixty (60) days have elapsed from the date of the request from the Council to the Plan- ning Commission and Heritage Preservation Board without a recom- mendation of the Planning Commission, all pursuant to Ordinance No. 802, and, if the Planning Commission does make a recommenda- tion within said sixty (60) day period, then the Council shall not consider such transfer until it also has received the comments of the Edina Historical Society and the Ninnesota Historical Sociery or until sixty (60) days have elapsed from the date the recommenda- tion of the Planning Cominission was forwarded to such societies pursuant to Ordinance No. 802, without receipt of comments from such societies. Otherwise, transfer of the land to the Heritage Preservation Distri rt shall be ar.-nnyl i ch=d a1;7-~iiar)+ fn cz:h3ars- .graph (g) of paragraph 6 of Sec. 13 of this ordinance and the recmk- mendation of the Planning Commission, if made, shall be deemed a request of the Planning Commission under and pursuant to subpara- graph (a) of paragraph 6 of Sec. 13 of this ordinance. In transferring any land to the Heritage Preservation District, the interior appearance of any buildings then located thereon shall also be deemed subject to the permit requirements of this Sec. 11, unless in making the transfer of any specific parcel of land into the Heritage Preservation District, the ordinance specifically states that the interior of any one or.more buildings, specifying the same, is not subject to the permit requirements of this Sec. 11. Filing of Transfer. Heritage Preservation District, the City Clerk shall file a certi- fied COPY of the amendment to this ordinance making such transfer with the office of the Register of Deeds or the Registrar of Titles, whichever office is appropriete, but failure to so file shall not affect the validity of spch.transfer or the application of the provisions of this Sec. 11 to' such property. Permit Required for Certain Work. and pursuant to this Sec. 11 before any of the following work is dona on or to any land within a Heritage Preservation District or in, on or to any improvements thereon: (a) Any remodeling, repairing, or altering that will change in . any manner the exterior appearance, or the interior appearance, of a building, unless the interior'of the building is not subject to th% permit requirements of this ordinance as set out in the ordisance transferring the land on which the building is situated to the Heritage Preservation District; (b) moving a building; (c) destroying a building in whole or in part; (d) changing the nature or appearance of the land; (e) construction of newlbuilding or any other structure or improvement; Any work for which a permit is gganted pursuant to this Sec. 11 shall yet be subject to ali other requirements, including other permits required, for such work under .. other ordinances of the City. After the transfer of any property to the A permit shall be required under . .j . . .. ... .. . 10/6/75 I- t 6. 8, 7. Procedure for Obtaining Permit, 1 .- < (a) Application with Building Official. A permit applicant shall be an owner of the land Gr building upon which the work is to be done. required by paragraph 4 hereof with the Building Official on forms provided by him, and containing at least the following information: The permit applicant shall make application for the permit (1) (2) (3) Description and address of the property; Names of the owner or owners; Plans for the work to be done under the permit, showing the same in such reasonable detail as the Building Official shall require; If remodeling, repairing or altering is to be done, rend- erings or pictures, showing the condition of the building or buildings after completion of the proposed work. (4) (b) Submission To and Recommendations of Planning Director and . Heritage Preservation Board. The Building Official shall submit the application, with all required information, to the City Planning Director. mendation on the application to the Planning Commission and the Heritage Preservation Board, and the Heritage Preservation Board after making its findings pursuant to Ordinance No. 802 shall make its recommendation to the Planning Director to approve or disapprove of the issuance of the permit. If the Heritage Preservation Board does not make its recommendation by written report given to the Planning Director within sixty (60) days of the submission to it of the report and recommendation of the Planning Director, the Heritage Preservation Board shall be deemed to have approved of the issuance of the permit. The Planning Director shall not authorize issuance of any permit pursuant to this Sec. 11. which the Heritage Preservation Board has disapproved. (c) Issuance of Permit. The Building Official shall issue the permit only upon receipt of the approval of the Planning Director authorizing issuance of the permit, Qr if he receives no notice of disapproval from the Planning Director denying issuance of the bqilding permit within ninety (90) days after submission by the Building Official to the Planning Director pursuant to subparagraph (b) above. (d) Denial of Permit; Approval. If the Planning Director dis- approves of the issuance of the building permit within the ninety (90) day period set out in subparagraph (c) above, the Building Official shall not issue the permit to the applicant. In such event applicant shall have the right to appeal to the Board of Appeals arid Adjustments pursuant to Sec. 13 of this Ordinance No. 811. ing permit, upon request of such applicant, a copy of his report and that of the Heritage Preservation Board with respect to the applica- tion, including their t-espective recommendations, if any, for changes necessary to be made for approval of applicant's permit request . The Planning Director shall make his report and recom- The Planning Director shall issue each applicant denied a build- (e) procedures for hearings and orders by the Board of Appeals and Adjust-. Hearing and Order by Board of Appeals and Adjustments. The ments on appeals made pursuant to this Sec. 11 shall be the same as for other appeals under and pursuant to Subparagraphs (c) and (f) of paragraph 6 of Sec. 13 of this Ordinance No. 811, except that notice of the hearing shall be given in the same manner as a . request for a variance, and shall also be given to the Heritage Preservation Board and the Planning Commission. Board of Appeals and Adjustments pursuant to subparagraph (f) of paragraph 6 of Sec. 13 of this Ordinance No. 811. (f) Hearing and Decision by Council. The procedures for hearings and decisions by the Council for appeals made pursuant to this Sec. 11 shall be the same as set out in subparagraph (8) of paragraph 6 of Sec. 13 of this Ordinance No. 811, except that notice of the hearing shall be given in the same manner as an amendment transferring land from one district to another, and shall also be given to the Heritage Preservation Board and the Planning Commission. Maintenance of Historic Buildings and Structures. person in possession of a building or structure situated on land in the Heritage Preservation District shall keep in good repair all of the exterior portions of such building or structure and all interior portions thereof unless the ordinance, as set out in paragraph 3 of this Sec. 11, specifically states that the interior of that building or structure is not subject to the permit requirements of this Sec. , The decision of the may be appealed to the Council Every owner or - .. 1 8. 11, provided, however, that ntich interior portions shall be niiliiitoined even if not otherwise required by this Section 11 where failure to maintain RI~Y cause or tend to cause the extcricr portions o€ such building or structure to fall into a state of disrepair. Order Eo Repair; Remedies For Violation. (a) Nhenever it shall come to the attention of the Building Official, by written complaint of any person or agency, or otherwise, that a building or structure is in violation of para- graph 7 of this Sec. 11, the Building Official, in the course of his duties, shal-1 cause a preliminary examination to be made of the building'or structure and premises. If it then appears that the building or structure is in violation of paragraph 7 of this Sec. 11, he shall then cause a detailed inspection of the building or structure to be made. then appears that the building or structure is in violation of said paragraph 7, the Building Official shall issue a written order to the owner or occupant thereof requiring repair. (b) Appeals. Any person who deems himself aggrieved by any such order may appeal such order to the City Council by filing a written appeal with the Gity Clerk Lqithin thirty (30) days of such order. Such appeal shall fully state the order appealed from, the date . thereof, and the facts of the matter. filed, the Building Official also shall make a written report, supplemented by written reports from the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, . augmented by the recommendations of the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations, augmented by the recommendations of the other agencies, employees, departments and officials involved in the inspection, to the Council. If no appeal be filed within said thirty (30) day period, the order shall be deemed final. (c) Council to Call Hearing, The Council shall examine the report bf the Building Official, and if there is probable cause to believe that the building or structure is in violation of said paLCt;Lat)ll I, &al; ;lave ~k *u=:.;-er set for hearing. (d) prescribed by the Council. and legal description sufficient for identification of the premises upon which the building or structure is located. a brief statement of the conditions mentioned in the report of the Building Official which show probable cause to believe that the building or structure is in violation of said pardgraph 7. also state the date, hour, and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the Council to show cause why the building or struc- ture should not be ordered repaired. Inspection. Upon completion of the inspection, if it Upon such an appeal being I .-I Notice of Hearing. Note of hearing shall be given in a form It shall set forth the street address, It shall contain . It shall (e) Service of Notice. (i) One copy of the notice shall be served upon the person, if any, in real or apparent charge and control of the premises involved; the record owner; the holder of any mortgage, trust, deed, or other lien or encumbrance of record; the owner or holderof any lease of record; the record holder-of any other estate or interest of record in or to the building or structure or land upon which it is located. (ii) The notice of hearing shall be served within ten (10) days prior to the date set for the hearing. (iii) entitled thereto either personally or by certified mail. Service by certified mail shall be effective on'the date of mailing if a copy of such notice is so mailed, postage prepaid, return receipt requested, to each such person at the address of such person as it appears on the last equalized assessnent role of the County or as known to the City Clerk. address so appears or is known to the City Clerk, then a copy of the notice shall be addressed to such persons at the address of the building or structure involved in the proceadings. failure of any owner or other person to recelve such notice shall not effect in any manner the validity of any of the I The notice of hearing shall be served upon all persons If no such The cp A proceedings taken hereunder. (iv) herein shall file an affidavit thereof with the City Clerk certify- ing to the time'and mannertin which such notice was served. He shall also file therewith any receipt which may have been returned to him in acknowledgment of the receipt of wuch notice by certified mail. (f) Hearing. The Council, at such hearing, shall hear and consider any evidence offered by the person or persons having any estate or interest in such building or structure pertaining to the matter set forth in the report' of the Building Official, and any evidence offered by any other person who is to be heard. hearing, at the same meeting or at a specified future meeting thereof, shall make its decision, giving its reasons therefor, as to whether or not the building or structure in question is in violation of said paragraph 7. . The officer or employee upon serving the notice as provided . The Council, upon conclusion of the -- (g) Order TO Repair. If, from a full and fair consideration of the evidence in testimony received at thz hearing the Council shall determine that the building or structure involved in in violation of said paragraph 7, then it shall issue an order that the building or structure be repaired. The order shall set forth the street address of the building or struct- *ure and a legal description of the premises sufficient for identification. It shall cozltain a statement of the particulars which render the building or structure in violation of said paragraph 7, and a statement of the things required to be done. within which the work required must be commenced, and shall further specify a reasonable time within which the work shall be completed. The time for completion may, by action of the Council, be extended for just causes and such authority for extended time shall be given in writing by the Council upon written application of any interested party or parties. individuals and in the manner as prescribed above in subparagraph (e). (h). Penalty For Disregarding Order. complied with within the time provided herein, the City may make the necessary repairs through its agents, employees, or contractors. The City shall have a lien against the property for all reasonable expenses incurred in making such repairs, which lien shall have priority over all other liens" and encumbrances, except taxes, assessments, and mortgages recorded prior to the existence of such' lien and may be-f'oreclosed in the same manner as a mechanic's lien. (h) shall be in addition to the penalty provisions of subparagraph 8 of paragraph 6 of Sec. 13 of Ordinance No. 811. This ordinance shall be in full force and effect upon its passage The order shall state a reasonable time Copies of the order to repair shall be served upon the If the order of the Council is not The provisions of this subparagraph Sec. 4. and publication. ORDINANCE NO. 802-A2 GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. which had ensued in regard to Ordinance No. 811-A67, Councilwoman Schmidt offered the following ordinance for First Reading: Following discussion ORDINANCE NO. 802-A2 . AN ORDINANCE AMENDING ORDINANCE NO. ,802 TO ESTABLISH A HERITAGE PRESERVATION BOARD UNDER THE PLANNING COMMISSION AND DEFINING ITS POWERS AND ACTIVITIES THE CITY COUNCTL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 802 is hereby amended by adding thereto a new Sec. 8 as follows: , Sec. 8. believing that the preservation of buildings, lands, areas or districts which Heritage Preservation Board. 11 (a) Establishment of Board. The City Council of the City of Edina, - possess historical or architectural significance will promote the educational, cultural, and general welfare of the residents of the City, do.es hereby establish the Edina Heritage Preservation Board under the Planning Commission. The Board is established for the purpose of assisting and advising the Council, Manager, Planning Commission and the Park Board on all matters concerning the identification and preservation of build- ings, lands, areas or districts wholly or partly within the City, which are of particular historical or architectural significance or which possess particular cultural or educational value, including the review and recommendation of policies for and the promotion of interest within the City for the identi- fication and preservation of such buildings, lands, areas or districts. (c) Duties and Responsibilities. The duties and responsibilities of the Board shall be: (b) Purpose of the Board. (1) To designate buildings (including interiors where appropriate) , lands, areas or districts in the City for heritage preservation, . in the following manner: 10/6/75 (a) the Board, together with the.City Planning Director, Park. Board, and the Environmental Quality Commission, from time to time, on its own motion and also at the request of the City Council directed to the Planning Commission and the Board, Shall investigate, determine and report on the buildings, lands, areas or districts within the City to be considered , for preservation. ARY such report may include any one or more buildings, lands, areas or districts. sidered which: \ (b) only such buildings, lands, areas or d'istricts shall be con- (i) exemplify or reflect the broad cultural; political, economic or social history of the nation, state or com- munity; or (ii) important events in national, state or local history; or (iii) embody the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; are identified with historic personages or with (c) (d) upon receipt of the Board report, the Planning Commission this report shall be forwarded to the Planning Commission for review . shall review the same and forward its written recommendation, accompakied by the report of the Board, to the Council for designation of any, all or none, of the buildings, lands, areas or districts contained in the Board reports for herit- age preservation, in which the reasons for the Pl'anning Com- mission's recommendations shall be stated; the Planning Conmission, at the time it forwards its recom- mendation to the Council, shall also forward its recommenda- tion, and the report of the Board, to the Ninnesota Historical Society and the Edina Historical Society for review and con- ment to the Council within sixty (60) days from the forwarding (e) ~ '(2) I Pursuant to paragraph (d) belcw, to review, and make recommendatlons ' for the approval or disapproval of, the issuance of permits to do any of the work for which a permit is required in the Heritage Preservation District pursuant to Sec. 11 of Ordinance No. 811. TFP Prz-2 =ktl ==kc 5tc y*zmendation for the approval or dfs- approval of a permit within sixty (60)' days of the submission to it of the report and recommendation of the City Planning Director qn the application, and,give its reasons for approval or disapproval, and recommendations, if any, for changes necessary to be made for approval of the permit request. To make recommendations for acquisitions and variances pursuant to paragraph (e) below. Decisions of the Board on Permits. for approval or disapproval of any permit, the Board shall consider and mzkc written findings in regard to the following: (3) (d) Before making its recommendatlons (1) In the case of a proposed remodeling, repair or alteration of an existing building or structure, whether such work will materially impair the architectural or historical significance or value of the building or structure, and the Board shall include in its findings, information as to the existing structures and existing exterior appearance, building height, building width, depth, or - other dimensions, roof style, type of building, materials, orna- mentation, setbacks, color and physical location and surroundings of the building or structure.. In the case of any proposed change in the nature or appearance of the land, whether such change will materially impair the historical significance or value of the land or the buildicgs or structure as to the existing physical characteristics of the land; buildbigs and structure, and such other m-gtters as may be pertinent. In the czse of the proposed mov2:g or demolition, in whole or in part, of a building or structure, whether such building or structure is of architectural or historica'l-value, and whether such moving or demolition will materially impair the architectural or historical significance or value of the land or other buildings or structures thereon, and the Board shall include in its findings, information as to: architectural and historical merit of the building or structure, the effect on surrounding buildings and structures, the effect of any new proposed construction on the remainder of the building or structure (in case of partial demolition), and on surrounding buildings and structures, the economic value or useful- (2) i __ _--r . -- - L- thereon, 2nd the Board shall include in its findings, information -- - ' (3) t ._ .I .* .. , 10/6/75 CD n t9 w Er;3 ness of any proposed buildings or structures designated to replace the present building or structure. In the case of a proposed new building or structure, whether such building or structure in itself, or by reason of its location an the site, will materially impair the architectural or historic value of the land or buildings or structures thereon or the architectural or historic value of adjacent land or buildings or structures thereon. , a, , (4) (e) Recommendations for Acquisition. Transfer of Development Potential and Variances. (1) In the event the Board finds the buildings, lands or areas within * a Heritage Preservation District cannot be preserved without acquisition, the Board shall recommend to the Council that the property in question, or an interest therein, be acquired by gift, by negotiation or by eminent domain. If the Board finds that buildings, lands or areas within a Herit- age Preservation District cannot be preserved unless funds are made available to the owner of the property within such district, through the sale or lease of undeveloped potential of the preserved site to other designated private property not within such district, the Board may recommend to the Planning Commission and Council that floor area that would normally be allowed to be constructed onthe designated property, which is in excess of the actual development thereon, be assigned to other designated property and the additional floor area constructed there. The Board may recommend to the Board of Appeals and Adjustments that variances from the strict enforcement of Ordinance No. 811 of the City be granted when the Board finds that such variances are necessary to alleviate undue hardship because of circumstances unique to the individual property under consideration and result- ing from inclusion of the property within the Heritage Preservation District. (2) (3) (f) Other Duties. In addition to those duties already specified, the Board shall : (1) Solicit gifts and contributions to be made to the City for the I purpose of heritage preservation, with the prior consent of the Council. , T;~u ,,qaGDL uL Llle: uLL~ Council, assist in,the preparation of applications for grant funds to be made to the City for the purpose of heritage preservation. Make,applications for designation qf any property as a state or national historic site, or applications to the National Register, the Council. r ,. .... (2; (3) I with the prior consent of (g) Membership. The Board shall consist of seven (7) members. They shall be appointed by the Mayor with the consent of a majority of the members of the Council. Members of the Board shall be residents of the City, shall have an interest in preservation of the heritage of the City and shall be appointed with due regard to their fitness for the gfficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Board. selected from those members of the Hennepin County Historical Society who are also residents of Edina. two (2) years, except for high school or college students who shall be appointed * for terms of one (1) year each, and except the first Commission appointed, which shall have three (3) members with one (1) year terms. his term of office, a member shall continue to serve until his successor shall have been appointed. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appoint.ed shall be appointed for the remainder of such term. removed from the office by majority vote of the Council.’ One member shall be Members of the Board shall be appointed for terms of Upon the expiration of - Members of the Board may resign voluntarily or be (h) Organization. The Committee shall: term of one (1) year; Adopt such bylaws 8s shall be necessary or desirable .for the conz. duct of its business; Appoint a secretary from within its om group, or request assign- ment of a staff Secretary from the City. If a Secretary is assigned by the City, the Secretary shall perform only such clerical duties on behalf of the Board as may be assigned by the Chairman with the consent of the City Manager. ory staff may be assigned to the Commission by the City Manager. (i) Repository for Documents. The Hennepin County Library is designated . (1) Elect a Chairman and Vice Chairman from among its members for a (2) (3) . 7 Additional advis- repository for the following documents which shall be supplied by the Board: (I) At least one copy of all studies, reports, recommendations and programs of the Board made pursuant to paragraph (c) of Sec. 8 -- of this Ordinance; ..z 4 4 (2) This ordinance shall be in full force and effect upon its passage At least one (1) copy of the plans for each building destroied in the Heritage Preservation District, if available. Sec. 2. . and publication. n VEHICLE BIDS COXTINUED TO OCTOBER 20, '1975. two Ford Company bids received in response to advertisement for bids in the Edina Sun and Construction Bulletin. for squad cars, $4,896.00 for station wagon, $4,947.00 for a van and $6,395.00 for a 12 passenger van. Tabulation show!d Superior Ford at $4,498.00 for squad. cars, $4,892.00 for a station wagon, $4,522.00 for a van and $6,724.00 for a 12 passenger van. less thac a 40 car order and that Chrysler-Plymouth and General Motors had requested more time to bid. In response to the recommendation that the bids be rejected and rebid for the November 3, 1975, meeting, liayctr Van Valkenburg said that he believed that the award should be made on the basis of the bids submitted so that. the Council would not be accused of favoritism. Councilman Richards' motion that the bids be rejected as recomiiended by Mr.'Dunn was seconded by Councilwoman Schmidt. Schmidt and Councilman Richards voting "aye" and Councilman Shaw and Mayor Van Valkenburg voting "nay", the matter was continued to October 20, 1975, by motion of Councilman Shaw, seconded by Councilwoman Schmidt and carried. Nr. Dunn presented tabulation of Tabulation showed Midway Ford at $4,694.00 I Council was advised that American Motors will not bid on anything Following some discussion, There being a tie vote with Councilwoman XEIIXES AVENUE IMPROVEHENT REQUESTED BETIJEEN W. 66TH STREET AND W. 78TH STPaET. Council's attention was called to a letter from bfr. Narvin L. Ellingson, Jr., 6733 Xerxes Ave. S., objecting that the City of Edina and the City of Richfield are not cooperating in the improvement of Xerxes Avenue between iJ. 66th Street and SJ. time as the Richfield improvement is being constructed. fact that the City of Richfield's consulting engineer is now preparing cost estimates for the Edina side of Xerxes Avenue and a public hearing on the improve- mentwill be set as soon as those figures are received. 78th Street, and requesting that Edina improve its side of Xerxes at the same s. Mr. Dunn referred to the , No action was taken. PARK PROPERTY NAME REQUEST NOTED. Mr. Ralph Campbell 111 requesting that park property located Ncrth of W. 58th St. and East of Philbrook Lane be named for his grandfather, GustA, Johnson, who platted the G, A. Johnson's Southwood Addition in 1951 and dedicated the property =or par!: p-irpose:~. IIIC uaLLcL waa idm-iLL4 to the Park Departmmt .by motion sf Councilwoman Schmidt, seconded by Councilman Shaw and carried. Council's attention was called to a letter from I -. .. REVENUE SHARING DISCUSSION CONTINUED TO OCTOBER 20, 1975. called to a letter from Senator Bill Brock of Tennessee requesting that a quest- ionnaire be.filled out and returned to him with a resolution endorsing Revenue Sharing. and that Council adopt a resolution endorsing Revenue Sharing died for lack of a second. enue Sharing died for lack of a second. Councilman Richards then moved that the questionnaire and resolution be referred to Mr. Dalen and Mr. Luce for their re- commendations and that the matter be continued to October 20, 1975, was then seconded by Councilman Shaw and carried. Council's attention was CouEcilwoman Schmidt's motion that Mr. Dalen complete the questionnaire Councilman Shawls motion that the Council respond negatively on Rev- STAKE ROAD TRAFFIC AT VERNON AVENUE AND AT INTERMCEIEN BLVD. SFERRED TO TWFIC' . SAFETY- COX-fITTEE. Council's attention was called to txo letters from 1Sr. Robert Boblett objecting to traffic problems at the intersection of Blake Road and Interlachen Blvd., and at the intersection of Blake Road and Vernon Avenue on business'days between 7 a.m. and 9 a.m. Safety Committee by motion of Councilman Shaw,- seconded 3y Councilman Richards and carried. The letters were referred to the Traffic DOVRE DRIVE BETWEEN PARKWOOD LANE AND BISCAYNE BLVD. REQUEST FOR ONE WAY TUFFIC REFERRED TO TRAFFIC SAFETY COHNITTEE. petition signed by residents in the 6600 blocks of Dovre Drive and Biscayne Blvdc requesting that Dovre Drive from Parkwood Lane to Biscayne Blvd. be mxde a one way street flowing Westward. The matter was referred to the Traffic Safety'Com- inittee by motion of Councilman Richards, seconded by Councilwoman Schmidt. and carried. Mr. Dunn called Council's attention .to a PETITIONS REFERRED TO ENGINEERING DEPARTMEET FOR PROCESSING. notion was seconded by Councilwoman Schmidt and carried, referring the following petitions to the Engineering Department for processing: CouncihaQ Richards' 1. 2. Edina Green - Sanitary Sewer, Watermain, Graveling, Permanent Street Glasgow Drive - Permanent Street Surfacing and Curb Surfacing and Curb, Storm Sewer 10/6/75 245' NINE MILE NORTH 2ND ADDITION GIUNTED FmAL APPROVAL. %%As recommended by Mr. Luce, Councilman Shaw offered the following resolution and moved its adoption: \ RESOLUTION APPROVING (f NINE MILE NORTH 2ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Nine Mile North 2nd Addition, platted by Rauenhorst Corp- oration and presented at the Edina City Council Meeting of October 6, 1975, be and is hereby granted final plat approval. , Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four ayes and no nays and the resolution was adopted. OUTLOTS B AND C, GLEASON FIFTH ADDITION, AND LOT 3, BLOCK 1, GLEASON FIFTH ADDI- TION COMBIK4TION APPROVED. Lots 2, 3 and Outlot By Block 1, Gleason's Fifth Addition, and Outlot Cy Block I, Gleason's Fifth Addition into three parcels so that the Easterly portion of Out- Mr. Luce presented a petition to combine and divide I CD 0 00 W W m lot C would be combined with Lot 2 so that an existing tennis court could be added to the owner's lot, and the Westerly portion would be combined with Lot 3. A ten foot strip of equal sqaure footage is proposed to be divided from the West side of Lot 3 and added to Outlot B. Outlot B of Viking Hills 4th Addition, presently under separate ownership, are expected to be combined eventually and rezoned to R-2. Mr. Luce added that no zdditional buildable lots are being created at this time. Councilman Richards then offered the following resolution and moved its adoptior) with the understanding that there is no commitment on the part of the city to grant any particular rezon- ing for the property: WHEREAS, the following described tracts of land are now separate parcels: Outlot B of Gleason Fifth Addition, and RESOLUTION Lot 2, Block 1, Gleason's Fifth Addition; and . Lot 3, Block 1, Gleason's Fifth Addition; and Outlot B, Block 1, Gleason's Fifth Addition; and Outlot Cy Block 1, Gleason's Fifth Addition; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels"): Outlot By Gleason's Fifth Addition, together with the Southwesterly 10.0 feet Lot 3, Block 1, Gleason's Fifth Addition, except the Southwesterly 10.0 feet thereof, and that part of Outlot C, Gleason's Fifth Addition, lying Westerlv nf a lfne Zecrrihed AS fnl.lows: Beginning at the most Easterly corner of Lot 3, (also a point in the North line of Outlot C) thence South- westerly 60.28 feet more or less to a point on the South line of Outlot C, a' distance of 45.80 feet East of the most Westerly corner thereof; and Lot 2, Block 1, Gleason's Fifth Addition, and Outlot Cy except that portion thereof lying Westerly of the following described land: most Easterly corner of Lot 3, (also a point in the North line of Outlot C) thence Southwesterly 60.28 feet more or less to a point on the South line of Outlot Cy a distance of 45.80 fe.et East of the most Westerly corner thereof; 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 Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, 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 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 Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. . Lot 3, Block 1, Gleason's Fifth Addition; and Beginning at the and provisions of Ordinance No. 801 and LOT 3, BLOCK 1, FRIDLUND'S ADDITION DIVISION APPROVED. decision to sell a portion of Lot 9, Warden Acres, to Mr. Donald Brower, which In accordanck with Council's . action was taken on September 15, 1975, Councilman Richards offered the following resolution and moved its adoption: IJHEREAS, the following described tracts of land are now separate parcels: Lot 3, Block I, Fridlund's Addition; and The West 76 feet of the North 150 feet of Lot 9, Warden Acres; and RESOLUTION WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following new and geparate parcels (herein called "Parcels") : Lot 3, Block 1, Pridlund's Addition and the following described tkt: Beginning at the Northwest corner of Lot 3, Block 1, Fridluud's Addition; thence Southerly along the West line of said Lot 3, n distance of 65 feet; thence Westerly at right angles to the West line of said Lot 3, a distance of 10 feet; thence Northerly, parallel with the West line of said Lot 3, to the South line of TJarden Avenue; thence Easterly to the point of beginning; and The West 76 feet of the North 150 feet of Lot 9, Warden Acres, except the following described tract: Block 1, Fridlund's Addition; thence Southerly along the West line of said Lot 3, a distance of 65 feet; thence Westerly at right angles to the West line of said Lot 3, a distance of 10 feet; thence Northerly, parallel with the West line of said Lot 3, to the South line of Warden Avenue; thence Easterly to the point of beginning; and Beginning at the Northwest corner of Lot 3, MIEREAS, 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 Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, 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 thereof, and sxbject, 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 secondec! by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. I LONDONDERRY REPLAT HEARING DATE SET. for preliminary plat of Londonderry Replat for October 20, 1975, was seconded-by Councilman Richards and carried. Councilman Shaw's motion setting hearing date PURCHASE OF GRIMES HOUSE DISCUSSED. Councilwoman Schmidt recalled that the State Historical Society has submitted the Grimes House to be placed on the Mational , referred to the City of Bloomington's policy of granting llfetime tenancy to residents .living in a dwelling that they proposed to acquire as an historic site. No action was taken. alternate ways to preserve historic sites other than by purchase. Dn.-.:.-.+n.w --- "----- .-- OF L-<.- --,toric Sites- Mr. Faster Dunwiddie of the Edina Zi;:~rical SGL~..:~ . It was suggested that the Grimes House Committee search for: . -. GORDON C. CRAVENS SUIT NOTED. City by 3fr. Gordon C. Cravens relative to'a used car that he purchased through Hennepin County xhich had belonged to the City. Mr. Erickson said that he has discussed the matter with the insurance carrier for the City but that they are not sure if Edina's coverage includes this kind of claim. to follow the case. Council was advised of a suit brought against the Mr. ErLckson will continue JOHN KYLLO ASSESSIIENT REFUND DENIED. and Mrs. John Kyllo for a refund for a second sewer assessment on their property involving trunk Watermain \GI-212 had been referred to the City Attorney, advised that Mr. Erickson had opined that the City has no authority to refund an57 part of the assessment which they paid without protest in 1968. motion was then seconded by Councilwoman Schmidt and carried that the refund be denied as recommended by the City Attorney. Mr. Dunn recalled that the requzst of Nr. He Councilman Shaw's STPZET LIGHTING IMPROVEMENT NO. L-12A AUTHORIZED ON 100% PETITION. Mr. Dunn , reported that a petition for an improvement consisting of underground wiring in . 'comection wit3 Street Lighting Improvement No. L-12 in France Avenue between TJ. - 66th Street and 13. 69th Street had been received on September 16, 1975, signed by Jack Rice, Director of Environmental Development of Dayton Hudson Properties, the owner of all' real property abutting on said portion of France Avenue. -.Sai& petition also requested the Council to assess the entire cost agahst the property of such owner. moved its adoption: Councilman Shaw thereupon offered the following resolution and RESOLUTION ORDERING STREET LIGHTING IMPROVEMENT NO. L-128 I BE IT RESOLVED by the City Council of the City of-Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct a street lighting improvement consisting of underground whing in connection with Street Lighting Improvement No. L-12 on Frznce Avenue between I?. 66th Street and W. 69th Street, and to assess the entire cost against the property of petitioner, and that said petition has been signed by all owners lO/G/75 of real groperty abutting on said street where said improvement is to be located. 2: The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 515, Section 2). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET LIGBTING IMPROVEPENT NO. L-12A. The entire cost of'said improvement is hereby ordered to be assessed against the properties abutting on said street where said improvement is to be located . Motion for adoption of the resolution was seconded by Counculman Richards and on rollcall there were four ayes and no nays and the resolution was adopted. Being advised by Mr. Dunn that Northern States Power Company will be installing the improvement, City Attorney Erickson said that the City should be sure that Northern States Power Company furnishes a bond for the work. EDINA SUN PUBLICATION DEADLINE NOTED. Council was advised of a new policy of the , Edina Sun whereby legal publications will be picked up by 3:OO p.m. on the Friday before the new Wednesday publication day. bility of designating the Minneapolis Star or the Tribune as the "official publica- tion". Following some discussion, Councilwoman Schmidt's motion was seconded by Councilman Richards and carried that Mr. Luce write to Mr. Ritchay of the Sun explaining the City's problems in setting hearing dates under this new policy. There was some discussion of the possi- I CE, 0 00 m c;r) w YOUTH ACTION REQUEST FOR ADDITIONAL FUNDS CONSID'ERED. Mr. Donald Storm, Chairman for Edina Youth Action expressed his concern that Youth Action funds are to be' obtained from the $20,000 allocated to the Hurcan Relations Commission in the 1976 Budget. support of the Youth Action program and believed that members of the group are very dedicated individuals. funds for Youth Action is consistent with procedures for all commissions and that there is no criticism of any program of Youth Action. in the audience, Mrs. Meredith Hart and Mrs. Sue Bonoff all'requested that Council reexamine reconsider its decision to include funds for the youth Action needs in with the Human Relations Funds. easy to say "No" to any public service project and said that he will meet with Mr. Jennings to discuss plans to make the procedures more workable. Mayor Van Valkenburg explained commented that Council has indicated its He pointed out that action taken in the allocation of An unidentified gentleman Mayor Van Valkenburg explained that it is not . No action was taken. . PZNNESOTA HIGHWAY DEPAXTHZNT KMJGZST FOR STOCKPILE EHOVPL DENIED. Mr . Duka. advised Council that the Minnesota Highway Department has requested the removal of a stockpile of dirt from the Southeast quadrant of T.H. 100 and W, 70th Street. He explaiiied that the dirt had been left in an effort to save between $20,000 and $25,000 on the cost of the contract for T.H. 100 construction and that the dirt , has stabilized and is not blowing around. received from residents on Ryan Avenue, requesting that the pile be removed to allow construction of a noise barrier behind their property. notion denying the Highway Department request to remove the stockpile was then seconded by Councilman Shaw and on rollcall there were four ayes and no nays and the motion carried. ' I He added that a petition had been Councilwoman Schmidt's BRAEMAR BOULEVARD LIGHTING BID AWARDED. which have been received for rewiring Braemar's electrical system f.or the boulevard Mr. Dunn presented tabulation of'two bids lighting. Electric Supply Company at $4,003.95. As recommended by Mr. Rosland, Councilman Richards' motion awarding bid to United Electric Corporation was seconded by Councilworcan Schmidt and carried. BRAEMAR CLUB HOUSE HEATERS BID AWARDED. Tabulation of two bids for replacement of the heaters at the Braemar Club House was presented showing Fred Vogt and Company, Inc., low bidder at $984.00 and Rouse Mechanical at $1,374.00. Richards' motion awarding to recommended low bidder, Fred Vogt and Company, LRC., was seconded by Councilwoman Schmidt and carried. Tabulation showed United Electric Corporation at $3,869.95 and Northland . Councilman AIR COMPRESSOR PURCHASE APPROVED. ~ received for an air compressor for the sign truck which had been included in the 1975 Budget. Tabulation showed Modern Equipment at $2,097.92, John Henry Foster at $2,154.92, Leslie Manufacturing & Supply at $2,200 and Hayden Murphy at $2,300. Modern Equipment Co., was seconded by Councilman Richards and carried. Mr. Dunn presented tabulation of four bids Councilwoman Schmidt's motion awarding bid to recommended low bidder, CLAIMS PAID. carried for payment of the following claims: $99,841.12; Construction Fund, $698.35; Park Funds, $30,912.84; Water Funds, $14,175.99; Liquor Fund, $3,648.39; Sewer Fund,'$2,703.58; Improvements, $364,245.00; Total, $516,225.27; and for confirmation of payment of the following Motion of Councilman Shaw was seconded by Councilwoman Schmidt aad General and Revenue Sharing, ' claims: General and Revenue Sharing, $150,861.48; Construction Fund, $25.00, 1 O./ G / 75 Park Funds, $4,297.96; Water Fund, $1,065.25; Liquor $327,584.37. Fund, $171,334.68; Total, No further business appearing, Councilman Richard's motion for adjournment was seconded by Councilwoman Schmidt and carried. Adjournment at 9:15 p.m. ,7L 3-d- City Clerk .