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
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