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HomeMy WebLinkAbout19761101_regularMINUTES OF THE REGULAR MEETING 03 THE EDINA CITY COUNCIL HELD AT CITY HALL NOVEMBER 1, 1976, 7:OO P.M. Answering rollcall were mepbers Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of the meeting of October 4, 1976, were approved as presented by motion of Councilman Courtney, seconded by Councilman Sh'aw. Ayes: Courtney,, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, FIRE AND POLICE DEPARTMENT PERSONNEL RECOGNIZED. tion Director for-the Edina Public Schools, made presentations to Paramedics Greg Smegal, Richard Vernon and Terry Kehoe and to Officer Mancel Mitchell and Judy Hanson for their work with students. Mr. Rod Brannon, Communiky Educa- m ORDINANCE NO. 811-A85 AND 801-A15 ADOPTED ON SECOND READING. Mr. Luce presented Ordinance Nos. 811485 and 801-A15 for Second Reading, using the view-graph to indicate the type of sign proposed to be used. Mr. Luce that the only time a sign would not be required would be when there was a lot division which would not cause a physical change in the character of the lots. No further discussion being heard, Councilman Courtney offered the following ordxnances for Second Reading and moved their adoption: Councilman Richards was assured by ORDINANCE NO. 811-A85 AN ORDINANCE AMFNDING THE ZONING ORDINANCE (NO. 811) TO REQUIRE THE PLACING OF SIGNS ON LAND PROTOSED TO BE REZONED Section 1. Subparagraph (d) of paragraph 6 of Section 13 (Administration) of Ordinance No. 811 is hereby amended to have the paragraph thereof relating to signs changed to read as follows: Sign Required. "If the petition is for the transfer of land to another district, petitioner shall erect, or cause to be erected, at least one sign per street frontage on the land described in the petition. The sign or signs shall be of a desigc approved by the Plaming.Department ar,d shall be 36 inches by 60 inches in size, shall have letters at least four inches high using Helvetica medium type face or other letter style approved by the Plan- ning Department and shall be constructed of sturdy material, shall be neatly lettered, and shall be.easi1y.viewable frGm, and readable by, per- sons on the adjoining street right-of-way. the following information: The sign or signs.shal1 contain 'This property proposed for rezoning by: '(Name of Petitioner) '(Telephone of Petitioner) G- - 'For' information contact Edina Planning Department, Phone No. 927-8861 first hearing on the petition before the Planning Commission. shall not be deemed filed and the Planning Commission shall not be requi.red to hold any hearings on the petition until the sign has been erected and herein required and for at least the required number of days preceding the hearing, and the petitioner has submitted to the Planning Department a duly signed affidavit, with pictures, evidencing that such sign has, or signs have, been erected as required. all times shall be kept.in good repair and shall be maintained in place until a final decision on the petition has been made by the City Council, and shall be removed by the petitioner within five (5) days after such final decis$on. provisions of this paragraph relating to such sign or signs shall not prevent the Planning*Commission and City Council from acting on such petition nor invalidate any rezoning granted by the City Council. If such signs are not kept in good repair or removed as herein requlred, then such signs shall be deemed a nuisance and may be abated by the City by proceedings under Minnesota Statutes, Chapter 429, and the cost of abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or the person requesting such plat, replat, or subdivision may be prosecuted for violation of this ordinance, and if convicted, shall be guilty of a misdemeanor and subject to a fine not exceeding $300, or imprisonment for a period not exceeding 90 days, with costs of prosecution, in either case, to be added. good reDair or not removed shall be a separate offense." '"The sign shall be erected not less than ten (10) calendar days before the The petition The sign or signs at The failure of any petitioner to fully comply with the . Each period of 24 hours during which such signs are not in 11/1/76 ... Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. .. Motion for adoption Gf the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schutidt, Shaw, Van Vallcenb Nays: None Ordinance adopted. ATTEST : -, J3.&c&d,d.L City Clerk Councilman Courtney then offered moved its adoption: dinance No, 801-A15 for Seconh Reading and ORDINANCE NO. 801-Al5 AN ORDINANCE AMENDING THE PLATTING ORDINANCE (NO. 801) TO REQUIRE THE PLACING OF SIGNS ON LAND PROPOSED TO BE PLATTED, REPLATTED, OR SUBDIVIDED, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sign Required. Subparagraph (e) of Sec. 3 of Ordinance No. 80 1 is hereby amended as follows: "(e) The persons requesting approval of a plat, replat, or subdivision of land shall erect, or cause to be erected, a sign or signs as required by stibparagraph (d) of paragraph 6 of Section 13 of Ordinance No. 811, except that the information contained thereon shall be as follows: 'This property proposed for subdivision into lots. '(Xames of Persons Requesting) '(Telephones of Persons Requesting) 'For information contact Edina Planning Department, Phone No. 927-8861.' The erection of such sign or signs shall be evidenced as set out in said 'I Ordinance No. 811, and such plat, replat, or subdivision shall not be deemed presented to the City, and need not be reviewed or acted upon by the Planning Commission or City Council, until such sign has, or signs have, . been erected for at least ten (10) calendar days preceding the first hearing by the Planning Commission, and evidence thereof submitted as required by said Ordinance No. 811. good repair and shall be maintained in place until a final decision on the request has been made by the City Council, and shall be renioved by ths person requesting approval of such plat, replat, or subdivision within five (5) days after such final decision. to fully comply with the provisions of this paragraph relating to such sign or signs shall not prevent the Planning Commission and the City Counc il from acting on such request nor invalidate any approvals granted by the City Council. If such signs are not kept in good repair or removed as herein required, then such signs shall be deemed a nuisance and may be abated by the City by proceedings under Minnesota Statutes, Chapter 429, and the cost of abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or the person requesting such plat, replat, or subdivision may be prosecuted for violation of this ordinance, and if convicted, shall be guilty of a misdeineanor and subject to a fine not exceeding $300, or imprisonment for a period not exceeding 90 days, with costs of prosecution, in either case, to be added. signs are not in gGod repair or not removed shall be a separate offense.'' Sec. 2. I The sign or signs at all times shall be kept in - The failure of any such person Each period of 24 hours during which such This ordinance shall be in full force and effect upon its passage age and publication and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. Motion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. RAINBOI? &M.NAGEMENT LETTERS PLACED ON FILE. A letter from Mrs. Amy Carlson, 5808 Pork Avenue, urging the rezoning as requested by Rainbow bfanagement, and a letter from Hrs. Sumner E. Vhitney of The Lanterns opposing the rezoning were noted and ordered placed on file 5y motion of Councilman Richards, seconded by Councilwoman Schmidt. Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None 14otion carried. DATA 100 2ND ADDITION GRANTED FINAL PLAT APPROVAL. 2nd Addition for final plat approval, advising that all ordinance requirements. have Hr. Luce presented Data 100 30 1 11/1/76 been met. resolution and moved its adoption: No obj ections being heard, Councilman Shaw offered the fol3.owing RESOLUTION APPROVING FINAL PLAT OF DATA 100 2ND ADDITTON BE IT RESOLVED that that certain plat entitled "Data 100 2nd Addition", platted by Rauenhorst Corporation and presented at the Edina City Council Meeting of November 1, 1976, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall : ? Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Na Re HEAR was for - 1) 2) 3) As Na Mo - .ys: None solution adopted. .ING DATES SET FOR VARIOUS PLANNING MATTERS. Councilwoman SchmidtFs motion seconded by Councilman Richards setting November 15, 1976 for hearing date the following Planning matters: Findell 2nd Addition - Preliminary plat approval Senior Citizen Housing Ordinance Amendment Lots 1, 2 and 3, Block 2, Nine Mile North 2nd Addition (6801, 6805, 6809 Dovre Drive) -"Lot division and rezoning from R-1 Single Family Residence District to R-2 Multiple Residence District. es: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . ys: None tion carried. COM?IUNITY HEALTH SEXVICES ACT ACCEPTED AS PRELIMINARY PLAN; APPOINTED. Community Health Services" and advised that Edina's share of the State Entitle- ment is $79,000 and that the cost to purchase nursing service from Bloomington has been increased from $1~54 per capita to $1.66 per capita. Xe added that it appears that approximately ten other municipalities are pulling out of the Suburban Public Health Nursing Service and suggested that it would thus appear prudent to contract with Bloomington for its nursing service even at the increased cost. Councilman Richards expressed concern about the increase in cost. ing considerable discussion, Councilwoman Schmidt moved that the plan be accepted as a "preliminary plan" and that a committee be set up to work with other municipalities toward its implementation. man Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Motion carried. INTERIM COMMITTEE Mr. Melena presented "Summary of Proposed Program Priorities for. Pollow- Motion was seconded by Council- Councilman Courtney then moved that Mr. Hyde, Councilwoman Schmidt and Mr. Esse be appointed to serve as an interim committee and that a permanent committee be appointed at the next Council Meeting. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg It was announced that a public meeting will be hend on November 30, 1976, at 7:30 o'clock at the Southdale Hennepin Area Library. MANAGER'S REPORT ON DEPARTMENT OF PUELIC SAFETY STUDY ACCEPTED. Council's attention was called to a report from Mr. Hyde on developments since receipt of the recommendations of Cresap , McCormick & Paget for the- Department of Pubiic Safety. Mr. Hyde will make firm recommendations as soon as possible. was taken. No action EDINA FOUNDERS' DAY CEREMONIES NOTED. monies which will be held at the Grange Hall on November 21, 1976 from 3:30 to 5:30 p.m. The public is invited. No.action was taken. Note was made of Edina Founders' Day cere- HOUSING REHABILITATIOI\! PROGRAM DISCUSSED. been the expected. demand in the Morningside' area for loans and grmts from the City's housing rehabilitation program. $10,966 in the Year I Community Development funds and that an additional $20,000 in Year I1 funds will be available after the first of the year. concern that only the Morningside area had been eligible for grants and loans up to this time and agreed that all residents of the City should have an equal Mr. Luce reported that there ha$ not He advised that there is a balance of Council expressed opportunity to take advantage of the program. No formal BAN OM SALE OF NON-REFILLABLE MILK CONTAINERS DISCUSSED. called to a memo from Mr. Hughes in which he advised that action 'was taken. Council's attention was the Environmental Quality 302 i 11/1/76 Commission had recommended that Edina support the ,proposed Kinneapolis ordinance banning the sale of non-refillable milk containers. Councilman Courtney's motion was seconded by Councilman Shaw that the Commission invite all interested parties to a hearing to discuss the question before making any decision. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg . C' - VOTING MACHINE CANVASSERS APPOINTED. Richards' motion was seconded by Councilman Shaw, appointing Messrs. W. Ralph Hines, Samuel lfobley, Hilding Dahl, Glenn Harmon, Thomas Efelena and Gary West to serve as Voting Machine Canvassers following the November 2, 1976, election. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. As recommended by the City Clerk, Counci*lman The Council will convene after 4:OO p.m. on Thursday, November 4 to review the 0 findings of the Canvassing Board. ORDINANCE NO. 1401-A4 GRANTED SECOND-READIXG. Ordinance No. 1401-A4 was presented for Second Reading. Mrs. Helen McClelland referred to Mr. Erickson's opinion letter of July 15, 1974 ih which he stated that "permanent blockades would be tantamount to a vacaeion of the street which can be done only pursuant to statu- tory procedures for public hearing and finding that the streets no longer are necessary to advance public interest". he wrote the opinion, he also suggested that the ordinance now under considera- . . tion be adopted. Council cannot act to erect traffic diverters in gi-ven situations and that if the action is reasonable and based on adequate factual data to the effect that a. traffic diverter will promote the safety and welfare of City residents, the Council's action will most likely be sustained. He further stated that the pro- posed ordinance speaks not to the authority to place traffic diverters but to the imposition of penalties on those who do not obey traffic diverter devices that are placed. Following considerable discussion, Councilwoman Schmidt offered Ord- inance No. 1401-A4 for Second Eeading and moved its adoption as follows: Nr. Erickson then added that, at the time He also explained that it is not completely clear that the ORDINANCE NO. 1401-A4 AN ORDINANCE AMENDING THE EDINA TRAFFIC CODE TO AUTHORIZE PLACING OF TRAFFIC DIVERTERS AS TRAFFIC CONTROL DEVICES AND TO PROHIBIT PASSAGE OF CERTAIN VEHICLES THROUGH OR AROUND THEM THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOA, ORDAINS: Section 1. Sec. 18 of Ordinance No. 1401 is hereby amended by adding thereto "18.14 Traffic Diverters. The City Council may, by resolution, establish traffic diverters at such locations on the public streets in the City of ' a new paragraph as follows: Edina under its jurisdiction, and for such time periods, either temporarily or permanently, to regulate, control and guide traffic thereon, as it deems necessary for the protection and promotion of the health, safety and \?elfare of the citizens of Edina. traffic control devices to be placed in such locations as are necessary to effectuate the resolutions of the City Council. No vehicle shall.be driven through or around ariy such traffic control devices except emergency vehicles and official vehicles of the City of Edina." Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. The Chief of Police shall cause such This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valke Nays: None Ordinance adopted. ATTEST: #&r/ B. YLLuiLq City Clerk LIQUOR FUND AS OF SEPTEMBER 30, 1976, was.presented by Mr. Dalen, reviewed and ordered placed on file by motion Councilwoman Schmidt, seconded by Councilman Richards .- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 303 YEAR 111 COMMUNITY DEVELOPMENT FUNDS TO BE REQUESTED. Mr. Luce advised that he wishes to seek citizen support at this time and requested authority to apply for Year 111 Community Development Funds from the Department of Housing and Urban Development through Hennepin County. application for Year 111 Community Development Funds was seconded by Council- woman Schmidt. Ayes : Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Mot ion carried. Councilman Courtney's motion authorizing \ 9 ~ ART CENTER COMMITTEE APPOINTMENTS MADE. Councilman Richards' motion was seconded by Councilwoman Schmidt approving the Mayor's recommendation for the appointment of Mmes Susan Dahl, Nancy Potter and Peggy Cater to the Art Center Committee. Mr. Rosland will notify the new members. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. payment of the following claims as per pre-list: General Fund, $71,016.21; Park Fund, $3,495.90; Park Construction, $20,170.14; Pool Fund, $180.00; Golf Fund, $7,277.91; Arena, $6,205.77; Gun, $323.68; Water, $16,014.30; Sewer, $9,065.86; Liquor, $180,683.12; Construction, $6,089.14; IBR Fund, $357,227.50; Total, $677,749.53; Motion of Councilman Courtney was seconded by Councilman Shaw for Ayes : Courtney, Richards , Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. Council's agenda having been covered, Councilman Richards' motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 8:30 p.m. 8 E