HomeMy WebLinkAbout19820419_regularMINUTES
OF THE REGULAR ElEETING OF .THE
EDINA CITY COUNCIL HELD AT CITY HALL
APRIL 19, 1982
Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor
Courtney.
MINUTES of March 22 and April 5, 1982, were approved as submitted by motion of
Member Schmidt , seconded by Member Richards.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried :
CANCER WEEK PROCLAMATION READ. The Mayor issued the following proclamation:
WHEREAS, Cancer eventually will strike one person in every four and in two
families of every three; and
WHEREAS, in 1982 cancer will strike some 14,000 Minnesota residents; and .
WHEREAS, cancer gradually is being conquered, to the extent that the American
Cancer Society can now report that when normal life expectancy is taken into
consideration, 41 to 46 percent of all cancer patients will survive for 5 years
or more; and
WHEREAS, dedicated volunteers of the American Cancer Society will share life-
saving information about cancer with their neighbors during "C-Days", April 16-
25;
NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, do hereby,desig-
nate the period of April 16 to April 25, inclusive, as "C-Days" in the City of
Edina, and in so doing urge all citizens to respond warmly to the American
Cancer Society volunteers whose neighborly calls will be for the purpose of help-
ing to reduce the incidence and mortality of this disease.
PROCLAMATION OF APRIL "C-DAYS" -~
BICYCLE SAFETY WEEK PROCLAMATION ISSUED. Mrs. Alison Fuhr, President of the Edina
Safety Council, was present to accept the following proclamation which was read
by the Mayor:
As Mayor of the City of Edina, I call upon all members of this community to
give their wholehearted support to the 19th Annual Edina Bicycle Safety Program
which.wil1 be conducted Monday, April 22 through Friday, May 10 under the
united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Depart-
ment, Greater Edina Chamber of Commerce, Optimists and Southdale Optimists, and
the PTA's and parent groups of the five Edina elementary schools and three paro-
chial schools.
The purpose of the Program is to reduce the hazard of bicycle riding for young
bicyclists, as well as for pedestrians and motorists. The growing congestion of
our streets and highways daily increases the dangers for the careless or unskilled
rider. Reports of hundEeds of'deaths and thousands of injuries each year through-
out our nation (due to collisions between bicycles and motor vehicles alone) have
alerted us to the need for such a Program. By training our boys and girls, at an
early age, in proper riding skills, by teaching them the laws governing bicy-
clists, by explaining the reasons for obeying safety rules and by helping them
to be aware of the hazards of biking, we feel Edina is making a cokcerted attempt
to assure that the number of accidents does NOT keep up with the ever-increasing
number of bicyclists.
The energy crisis may even now be creating the need for our adults to use their
bicycles as a means of transportation for short haul errands.
to become thoroughly familiar with the "rules of the road" to minimize the
incidence of accidents. We should all remember that a bike is no longer just a
toy, but a vehicle to be taken seriously.
The safety of our children cannot be relegated to a once-a-year campaign.
call for the support of every parent in carrying out this campaign all year long
and I urge every youngster to participate in this Bicycle Safety Program and then
to practice what he has learned - for his own safety as well as the safety of
others .
PROCLAMATION
It behooves us all
I
MINNESOTA VOLUNTEER RECOGNITION WEEK PROCLAMATION ISSUED. Mrs. Joan Lonsbury,
Chairman of the Edina Park Board, was present to accept the following proclama-
tion which was read by the Mayor:
WHEREAS, Edina volunteers are a vital resource in solving some of the human
problems that are a consequence of our complex society; and
WHEREAS, volunteers, through their demonstrated concern and commitment to the
well-being of others, prove assurance for the continuing high quality of life in
the City of Edina; and
PROCLAMATION
...
4/ 19/82
WHEREAS,
grounds ;
WHEREAS,
tion and
WHEREAS,
yolurkeers represent all ages, economic, education and ethnic back-
and
volunteering provides opportunities for personal growth, career explora-
civic contribution for every citizen; and
recognition should be given to individual volunteers for their contri-
butions to the health, education, welfare, recreation and cultural services to
the City of Edina;
NOW, THEREFORE, I, C. Wayne Courtney, Mayor of the City of Edina, Minnesota, do
hereby proclaim the week of April 27 through May 5, 1982, as
in the City of Edina;
IN WITNESS TmEREOF, I haye set my hand and caused the Seal of the City of Edina to
be affixed this 19tE day of April, 1981. I EfINNESOTA VOLUNTEER RECOGNITION WEEK
PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVEMENTS. Affidavits of Notice were pre-
sented by Clerk, approved as to form and ordered placed on file. Pursuant to due
notice given, public hearings were conducted and action taken as hereinafter set
forth:
A. PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER P-BA-254 IN THE FOL-
LOWING :
MaZth Court from W. 78th Street to cul-de-sac
Marth Court.from I?. 78th Street to cul-de-sac
Marth Court from W. 78th Street to cul-de-sac
Marth Court from I?. 78th Street to cul-de-sac
B. GRADING AND GRAVELING IMPROVEMENT. NO. P-C-140 IN THE FOLLOWING:
C. SANITARY SEWER IMPROVEEENT NO. P-SS-364 IN THE FOLLOWING:
I). WATERMAIN IMPROVEMENT NO. P-WM-349 IN THE FOLLOWING:
The
conducted concurrently. Mr. Rosland presented total estimated construction cost for Permanent Street Surfacing with Concrete Curb and Gutter Improvement No. .
P-BA-254 at $28,854.02, proposed to be assessed against927..77assessable feet at.
an estimated cost of $118.49 per assessable.foot.
construction cost for Grading and Graveling Improvement No. P-C-140 at $15,569.01,
proposed to be assessed against 927.77 feet at an estimated cost of $16.78 per
assessable foot. Mr. Rosland presented total, estimated construction cost for
Sanitary Sewer Improvement No. P-SS-364 at $21,259.80, proposed to be assessed .: .
against 8 assessable lots at $2,099.05 per lot on the East side (over a period of
10 years) and at $3,215.90 for lots on the West side of the street (over a period
of 3 years).
349 was given at $12,376.00, proposed to be assessed against 8 assessable lots at
$1,547.00 for lots on tI.e West side of the street
a 10 year period for lots on the East side of the street.
from Mr. Warren Hanson, 7713 bfarth'court, saying that he had no objections to the +
improvements as described. .
whcle he understands the need for water and sanitary sewer, he already has a hard
road servicing his property and that he will receive no benefit from the proposed
improvement, He was advised by Mr. Hoffman that the existzing road was considered
a temporary road only, that it is only 20 feet wide and that residents were never
assessed for its cost. 3fr. Hoffman advised Mr. Evanson that he would check-the
Planning Department records to.see if he could find evidence of an agreement where-
by the Hanson's would pay for the cul-de-sac proposed to be constructed at the
Northerly end of the road. Mr. James Van Valkenburg, attorney representing the
developer, asked that the hearing be continued until the next Council Meeting to
give the developer a further opportunity to arrive at an agreement as to the
right-of-way. Mr. Jeffrey Longtin, 5828 W. 78th St., expressed concern about
the grade 'of the hill and was told by Mr. Hoffman that the road would be approxi-
mately the same elevation. Mr. Longtin said that he was representing neighbors
who have already paid for assessments and objected that every time new develop-
ments are approved for the areqnew assessments are levied against their properties.
No further comments being made, Mr. Richards' motion to continue the Marth Court
improvements until May 3, 1982, was seconded by Member Schmidt.
improvements listed above affecting the same properties, public hearings were
He presented total estimated -
Total estimated construction cost for Watermain Improvement No. P-WM-
over a 3 year period and over
Note was made to a letter
Mr. Roger Evansqn, 7717 Marth Court, objected that,
'
'
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
I.
.
I
E. PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVENENT NO. P-BA-
253 IN THE FOLLOWING:
Parklawn Avenue from York Avenue to 670 €eet Vest
Parklam Avenue from York Avenue to 670 feet West
Parklawn Avenue from York Avenue to 670 feet West
F. GROING AND GRAVELING TNPROVEMENT NO, P-C-139 IN THE FOLLOWING:
SANITARY SEWER IEIPROVEMENT NO. P-SS-363 IN THE FOLLOT?ING: G.
..
4/19/82
H. WATERMAIN IMPROVEMENT NO. P-WM-348 IN THE FOLLOWING:
Parklawn Avenue from Yorlc Avenue to 670 feet West
Parklawn Avenue from York Avenue to 670 feet West
Parklawn Avenue improvements listed from E thru I above affecting the same pro-
perties, public hearings were conducted concurrently.
estimated construction cost for Permanent Street Improvement No. P-BA-253
showing total estimated construction cost at $99,838.85, proposed to be assessed
against 842.6 assessable feet at an estimated cost of $118.49 per assessable
foot. He presented total estimated construction cost for P-C-139 at $10,581.48,
proposed to be assessed against 842.6 assessable 'feet at 'an estimated cost of
$12.56 per assessable foot.
Sewer Improvement No. P-SS-363 was given at $9,635.95, proposed to be assessed
against two assessable lots at $4,817.98 per assessable lot. Mr. Rosland
presented total estimated construction cost for Watermain Improvement No. P-WM-
348 at$18,905.58, proposed to be assessed against two assessable lots at an
estimated cost of $9,452.79 per assessable lot. Total estimated construction
cost for Ornamental Street Lighting Improvement No. P-L-22 was given at
$11,237.41, proposed to be assessed against 842.6 assessable feet at an'esti-
mated cost of $13.34 per assessable foot.
had been received prior hereto.
in Minutes.
I. STREET LIGHTING IMPROVEMENT NO. P-L-22 IN THE FOLLOWING:
Mr. Rosland presented
Total estimated construction cost for Sanitary
No objections were heard and none
(See Resolution Ordering Improvement later
J. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-30 IN THE FOLLOWING:
Benton Avenue from Hansen Road to Tracy Avenue
Mr. Rosland presented analysis of assessment showing total estimated construc-
tion cost at $45,794.91, explaining that the improvement is proposed
to be paid from State Aid Funds, and recommended that the improvement be ion-
structed on the North side of Benton Avenue from Hansen Road to Tracy Ave.
.Mr. Hoffman referred to petitions submitted by neighbors, both favoring and
opposing the improvement, and explained that an alternate'route would be to
install the sidewalk on the South side ofBenton.
route were raised because of the danger to children crossing the street at
the hill.
received, advising that there appeared to be equal numbers of residents favor-
ing construction of the sidewalk on both the North and South sides of the street. .
Mr. William Daiey, 5024 Hansen Road,was assured that new shrubbery would be
planted to replace.any which might be destroyed by construction and was also
assured that the City would plow the sidewalk. In response to a question
raised as to why the petition did not request a sidewalk all the way to T.H.
100, Mrs. Juanita Peterson, President of the Countryside P.T.A. said that
students living Ea;t of Hansen Road are bussed to school. Mr. Dennis W.
Dahlien, 5825 Tracy Ave., said that he did not care on which side the sidewalk
would be constructed and complimented the City on the good job it has done in
the past. No further comments being heard, Member Turner said that+she would
favar construction of the improvement on the North side of Benton Avenue.. . ,
She thereupon offered the following resolution and moved its adoption:
Objections to the alternate
Mr. Hoffman referred to a number of telephone calls which he had
RESOLUTION ORDERING IMPROVEMENTS
PERMANENT STREET SURFACING WITH CONCRETE CURB &.GUTTER BA-253,
GRADING & GMVELLNG IMPROVEMENT NO. C-139
SANITARY SEWER IMPROVEMENT NO. SS-363
WATERMAIN IMPROVEMENT NO. WM-349 ?
STREET LIGHTING IMPROVEMENT NO. L-22
SIDEWALK IMPROVEMENT NO. S-30
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that this
Council heretofore caused notice of hearing to be duly published and mailed
to owners of each parcel within the area proposed to be assessed on the fol-
lowing proposed improvements:
1. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER BA-253
IN THE FOLLOWING:
Parklawn Avenue from York Avenue to 670 feet West
ING :
Parklawn Avenue from York Avenue to 670 feet West
Parklawn Avenue from York Avenue to 670 feet West
Parklawn Avenue from York Avenue to 670 feet West
Parklawn Avenue from York Avenue to 670 feet West
Benton Avenue from Hansen Road.to Tracy Avenue
2. CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. C-139 IN THE FOLLOW-
3. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-363 IN THE FOLLOWING:
4. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. "M-348 IN THE FOLLOWING:
5. CONSTRUCTION OF STREET LIGHTING IHPROVEMENT NO. L-22 IN THE FOLLOWING:'
6. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. S-30 IN THE FOLLOWING:
and at the hearing held at the time and place specified in said notice, the
4/19/82
64
Council has duly considered the views of all persons interested, and being
fully advised of the
construction of said improvements, with the construction of Sidewalk Improve-
ment to be on the North side of Benton Avenue,
may be necessary in eminent domain for the acquisition of necessary easements
and rights for construction and maintenance of such improvements; that said
improvements are hereby designated and shall be referred to in all subsequent
proceedings as follows:
pertinent facts does hereby determine to proceed with the
including all proceedings which
No. 1 Above PERMANENT STREET IMPROVEMENT WITH CONCRETE
No. 2 Above GRADING & GRAVELING IMPROVEWNT NO. C-139
No. 3 Above SANITARY SJNER IMPROVEMENT NO. SS-363
No. 4 Above' WATERMAIN IMPROVEMENT NO. WM-348
No. 5 Above . STREET LIGHTING IMPROVEMENT NO. L-22
No. 6 Above . SIDEWALK IMJ?ROVEMENT NO. S-30
CURB AND GUTTER IMPROVEMENT NO. BA-253
and the area proposed to be assessed for Improvements Nos. 1 thru 5 above include
Lot 1, Block 1, and Outlot A, Ebenezer Society 1st Addition, and Lot I, Block
1, Eden Place Addition; and that part.of the West one-half of the Northwest
Quarter of the Northeast Quarter of the Southwest Quarter of Sec. 32, T. 28,
R. 24 lying South at the Weseerly extension of the South line of said Park-
lawn Avenue, and the Sidewalk Improvement No. S-30.listed under No. 6 above is
to be paid from State Aid Funds.
Motion for adoption of the resolution was seconded by Member Bredesen.
Rollcall:
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
ORDINANCE NO. 811-A160 GRANTED FIRST READING. Mr. Hughes recalled that, at
the.Counci1 Meeting of March 15, 1982, it was noted that Rigotto's Restaurant
had erroneously be& granted a license to maintain two pinball machines inas-
much as pinball machines are not permitted in the C-1 District under the Zoning
Ordinance.
until this meeting to consider the recommendations of the Community Development
and Planning Commission.
as to form and-ordered placed on file.
Development and Planning Commission had recommended that amusement devices
should be allowed as an accessory use in the C-1 and C-2 Districts, but that
only one machine per establishment should be allowed in the C-1 District and
a maximum of six machines should be allowed per establishment'in the C-2 Dis-
trict. The Commission also recommended that Amusement Arcades should be lim-
ited to C-3 Districts and that the license fee for all machines should be
increased to $100.00. In response to a question from the Council, Police Chief
Swanson said that these mechanical amusement devices caused little or no problem
and that the Curfew Ordinance vas used to handle any problems that might have
come up.
13 machines could be grandfathered in, but that they could not be replaced if
they should be removed.
urged that their restaurant be allowed to license the two machines which they
bought with their restaurant six years ago.
Selieved that the C-1 and C-2 Districts are "blurred" relative to this particu-
lar issue. He then moved that one mechanical amusement device be allowed in
the C-1 and C-2 Districts, that.amusement arcades be allowed only in the C-3
District, that the 1icense.fees be.increased to cover the.cost of licensing,.,..
and that the age of players be addressed in accordance with the curfew ordinance.
The motion died for lack of a second. Member Turner then moved that two mech-
anical amusement devices be allowed in the C-1 and C-2 Districts, that amuse-
ment arcades be allowed only in the C-3 District, that'license fees be increased
to cover the cost of their issuance and that the age of players be addressed in
accordance with the curfew ordinance. Motion was seconded by Member Bredesen.
At that meeting, Rigotto's Pinball Machine License had been extended
Affidavits of Notice were presented by Clerk, approved
Mr. Hughes advised that the Community
.
It was noted that, under.the proposed ordinance, the Biltmore Bowl's
1Irs.Dimitrios Papagiannopoulos, representing Rigotto's,
Hember Bredesen said that he
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: Richards
Motion carried.
Member Turner thereupon offered Ordinance No. 811-A160 for First Reading as
follows :
ORDINANCE NO. 811-A160
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
TO PROVIDE FOR A DEFINITION OF AMUSEtENT MACHINE, A DEFINITION OF
AMUSEMENT ARCADE AND TO CHANGE THE PRINCIPAL AND ACCESSORY USES
ALLOIJED IN COMMERCIAL DISTRICTS C-1, C-2 AM) C-3
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 14 (Definitions) of Ordinance No. 811 is hereby
amended by adding the following definitions:
4/19/82
65
"Amusement Arcade" - An establishment devoted principally to the opera-
tion of amusement machines regardless of the number of amusement machines
contained therein; also any establishment or portion thereof contain-
ing three or more machines.
"Amusement Machine" - A machine or co-.trivance , incluging "pinball"
machines which upon the insertion of a coin, slug or other token operates
or may be operated, as a game, contest or other amusement only and which
contains no automatic payoff device for the return of money, coins,
merchandise, checks, tokens or any other thing or item of value; provided,
however, that such machine may be equipped to permit.free plays or games; or
mechanical miniature pool tables, bowling machines, 'shuffle boards,
electric rifle or gun ranges, miniature-mechanical devices and games or
amusement patterned after baseball, basketball, hockey and similar games
and like devices, machines, or games which may be played solely for
amusement and not as gambling devices and which devices or games are
played by the insertion of a coin or coins or at a fee fixed and charged
by the establishment in which such devices or machines are located; Qr
Amusement devices designed for and used exclusively by children such as,
but not limited to kiddie cars, miniature airplane rides, mechanical
horses, and other miniature mechanical devices, not operated as a part or
in connection with any carnival, circus, show or other entertainment or
exhibition.
Sec. 2. Subparagraph (b) of District C-1 of Paragraph 4 of Section 9
(Commercial District) of Ordinance No. 811 is hereby amended by adding a new
Sub-paragraph (8), as follows:
(8)
Sec. 3.
Not more than two amusement machines.
Line 2 of Subparagraph (a) of District C-2 of Paragraph 4 02
Section 9 (CommerixLal District) of Ordinance No. 811 is hereby amended to read
as follows:
2. Amusement and recreation establishments including, but not limited to
commercial bowling alleys, pool halls, swimming pools, and skating rinks,
but excluding amusement arcades.
Sec. 4. Subparagraph (a) of District C-3 Paragraph 4 of Section 9 (Com-
mercial District) of Ordinance No. 811 is hereby amended by adding a new Sub-
paragraph (6) as follows:
(6) Amusement arcades.
Sec. 5. This ordinance shall be in full force and effect upon its passage
and publication.
(See also Ordinance No. 211-A1 and 171-A4 later in Minutes.)
ORDINANCE NO. 811-1-.146 GRANTED SECOND READING. Mr. Hughes presented.0rdinance
No. 811-A146 for Second Reading, recalling that First Reading had been granted
on June 1, 1981. No objections or comments being heard, Member Bredesen
offered Ordinance No. 811-A146 for Second Reading and moved its adoption as
follows :
I
ORDlhTANCE NO. 811-Al46
AN ORDINANCE AI\lENI)I TtJE %ONIN(: ORL)INt\NCE (NO. 811)
13Y AI)l)ING A FtlXI~l) l)EVEl,i)l'~i!i:dl' -- D'I:S'L'IITCT
THE CITY COUXCLL a,~ TX CITY OF EDLXX, xx:;xEsu*rt\, OgDiiIiiS:
Section 1. Ordinance No. 811 is hereby amcnded by renumbering Section 13
(Definitions) and Section 14 (Adminis~ration) to Section 14 and Sect5cm 15
respec tivel-y .
district to the list of districts herein contained as follows: "Nj.se.d
l>evelopmcn t District (Sec t ion 13) 'I.
as follows:
Sec. 2. Section 2 of Ordinance. No. 811 is hereby anmidcd by edding a new
Sec. 3. Ordinance NO. 811 is hereby amended by adding a new Section 13
Sec. 13. Mixed 1)evclopriient District 11
1. --- Purpose arid Intcs. 'Yhe City Council of the City of Edina
Finds that in certain instances, the joint, iiitegrated and harmonious develop-.
nient of residential and non-residential uses on a tract 01 land is belief icial
and desirable.
residential uses in close prosimity to einpLoynicnt , shopping, services, and re-
creational opportunities and thereby reduce tfaific congesti.on , enhance transit
usage, and promote energy conservation. In addition, the provision of housing
for low and moderate income individuzls and families can be encouragcd by mixed
use developments.
and flexibility in site design and developmcnt.
melit District is hereby established to accoiriodntc special features and needs of,
and to encourage mixed use developments, and thereby to promote the general
health, safety, and welfare of the residents of the City.
Such mixed use developments gi17e opportunity to provide for I
lliscd use devclopmcnts slso encourage creativity, imagination,
Thercforc, the Mixed Di..vclop-
4/19/82
8
. 66
2. Objectives . The following ob j ec tives shall be considered
a)
b) To encoui-age recreational facilities, parks and open spaces
c) Har.monious integration of residential and non-residential
d) Flcxibility of dcsign which map not bc possible in single
e) To encourage a multiplicity of residential and non-resideit-
f) To encourage mass transit opportunities.
g)
trips, thereby reducing traffic congestion and encouraging energy conservation.
3. Plixccl Development District Boundaries. The Nixed Develop-
ment District hereby established shall be further subdivided into subdistricts
designated as District ND-3, District MI-4, and District ED-5, and shall be
located as .shown by amendments hereafter made to this paragraph.
in reviewing any petition for Mixed Devclopmcnt District zoning:
individuals and families.
to serve the needs of both residential and non-residential uses.
uses, thereby reducing the incompatible aspects between such uses.
use districts.
tial uses to take full advantage of the mixed use concept.
To encourage residences affordable to loq and moderate income
I To 'reduce employment related and work related automobile
1) MD-3 - Minimum Area No Minimum
2) ND-4 - Pfinimum Area 5 acres
3) Pin-5 - Minimum Area 10 acres
For purposes of calculating the minimm site area, floor' .
b) District Limits :
area ratios, lot covcragc and all other restrictions relating to site size and
dimensions established by this Section 13, a single Nixed Development District
shall not estend beyond or be deenied to extend beyond the nearest right of way
lines of adjacent public streets or highways, which were dedicated, convcyed - or acquired prior to or as of the date of filing with the City of the petition
for Mixed Development District zoning.
which is separated by such dedicated, conveyed, or acquired rights of way shall
be deemed to be two or more Mixed Development Districts, depending on how inany
separations result from such rights of way and all restrictions shall be
separately applicable to and must bc met: by each such scporace district.
A proposed Mixed Dcvelopnienc Discrict
I c) Owncrsliip or Control:
Thc site proposed for ?liscd Development District shall be
under the owncrship or control of one person or group oL' persons and shall be
reasonably capable of le3 iig plauncd and developed as an iiitcgral unit.
d) 1 n t-c?p,ra t-cd I)as-i I:n :
A Pliscd Dcvelopnt?nt Dlstrict shall pi:ovitle n harmoniorrs-
selection of uses and gi-otlping 01 11u-i.l~1 ings, services, parking, ncccssory uses,
traf fie arid pedestrian circul atiou, and open spaces, and s:inll be dcsignc?d as
an intcgraLcit1 unit, in ::uch a nianncr as to cxuistitritc ;I safc, cEficiciit, and
compatible 1 lving, work-Liig, recrc~aLtona1, and s11oppi.n~: ciivironrnttnt.
e) r\elationsliip to Comprchensivc l'lnn:
A sit e proposed for Mised Dcvcl opmcnt District shall be I
identified as Nixed Use on the City 01 Etlina Comprchcnsive Plan and the pro-
posed use and development tticreof shall comply with chc goals, objectives , and
policies of the Coniprehensive Plan.
sequent ltcview . 5. Procedure for Wied Development District Zoning and Sub-
a) Petition:
A petitio11 for rezoning to Zffiscd Development District shall
be filed with the Planning L)cpartment, upon forms made availablc for that
purpose, by the persons who own or control the entire land area proposed for
Nixed Dcvelopnient District rezoning. ' Al.1 such persons must sign the petition.
' I b) Overall Development Plan:
Every pecition for the establishment of a Ilixcd Develop-
ment District shall be accompanied by the following data which, in their entirety,
shall constitute an Overall neve].upnrent Plan for the land area described in the
petition.
50 feet to the inch.
A houndsry survey, and legal description of the entire
land area covered by the petition, prepared by a Himiesota registered land
surveyor including existing topography with two foot contour intervals, exist-
ing tree cover, water bodies, and other natural amenities.
land use planning which shows the following :
All drawings and plxs shall bc drawn to ;; scale G€ not more than
1) .
2) A plan prepared by a person trained or experienced in
41 19/82
. a) The location, gcno-a1 exterior dimensions, inaxinium
floor areas and maximum height in iiunibcr of stories and in feet of all proposed
buildings and other structures.
each building or structure and the approximate floor area devoted to cach use.
of proposed automobile parking areas, vehicular entrances, exits, and driveways,
and pedestrian walkways.
streets and rights of way.
agement concept.for all public and private recreational areas, parks, plazas,
open spaces aiid other common areas, together with a descript-ioii oL tlie public
and private, active and passive, recreational facilitics to lie provided therein.
b) The type and location of encli use proposed to occupy
c) Tlic location, arrangement , number, and dimensions
d) The location and dimensions of proposed public
e) The location, arrangement and dimensions, and man-
f)
g) A schexatic layout of all proposed watermains,
h) A schcmatic landscape plan illustrating the general
i) The location and provisions for mass transit facil-
The general grading plan and drainage system.
sanitary sewers, and storm sewers,
types, sizes, and locations of landscape materials.
ities for the use and benefit of the users and occupants of the Mixed Develop-
ment District.
of the development beginning at the time the requested rezoning is granted and
continuing until all of the major components are completed. If the development
is to be in phases, then each phase and the components of each phase and their
proposed order shall be clearly delineatcd on the plan above referred to.'
4) All special provisions as to the environrncntal design,
building location, proposed buil.ding operations, location, amount and type of
public or private open spaces and common areas and all other provisions to
assure that the differing uses to be provided within the land area proposed
for rezoning will be harmon-ious and compatible with one another and with the
surrouiiding land uses.
tioner regarding ownership and title.
3) A proposed schedule of construction of major components .
5) Abstract of Title and opinion of attorney for the peti-
c) Community Development and Planning Coiunission Review:
Within 60 days after receipt of information required by
paragraph (b) above in a form satisFactory to the Planning Department, tlic Plan-
ning' Department shall review tlie petition and overall development plan and
shall submit it to 'the Community Developmcnt and fJlonnin;; Commission. The peti-
tion and overall dc*.-clopment plan shall thereal: tcr be acted upon in accordance
with Paragraph G of Section 12 of this ordinance, except ~s hcreiii otherwise
provided.
forward the pctition, overall dcvclopmcxil. plan, and its recoinmendatlion to the
CJty Council upon f incling tha c :
Comprcliciisive Plan.
the surrounding properties.
use of land.
development are harinonious3.y integrated.
recreational facilities arc provided or are available.
met.
d) The Community Development and Planning Conmission shall
1) Tile proposcd dcvclopment is cons.lstcnt with the City's
2) The proposed developmcnt will not bc detrimental to
3) The development will not result in an overintensive
4) The residential and non-residentiai elements of the
5) Suitable parks, open space, othcr cornmon areas, and
6) Other objectives of this Section have been reasonably
e) Couiicil Action:
The City Council shall conduct a public hearing in accord-
ance with Paragraph G of Section 12 of this ordinance. The Council may accept
or reject the findings of tlie Community Uevelopmciit and Planning Commission
and thereby approve or disapprove the overall dcvel.opnient plan. If the Council I
approves of the overall developaicnt plan, it may, in connection with such
approval, condition the approval in such a manner and imposc such requirements
as it may dctcrmine, to eilsurc compliance with this ordinance. If such condi-
tions and requirements are imposed, they shall be met and fulfilled prior to
the second reading of the ordinance amendment.
readings, s1inl.l order the publicat ion of the ordinance amendment affecting tlie
zoning change.
Developinent District.
The City Council, after two
Upon such publica tion, the property sllall be zoned Plised
Eoth the first and second readings shall require for
4/19/82
approval a 4/5th favorable vote of the full Council.
f) Devcl.opment :
1) Final Site Plans:
Final site plans Lor each phasc, together with tlic find
data and information required to be included in the final site plans pursuant
to this Section 13, shall be reviewed by the Commuuity Development land Planning
Commission and City Council prior to the issuance of any building permits for
that phase of the proposed dcvelopmcnt, The Director of P1anni.ng shall report
to the City Council on the consistency of the final site plans, including such
data and information required to be included therein for thaS phase, with the
approved overall development plan and shall specify any recommended modifi-
cations to the final site plans.
io LL~ final siee plans to insure that the proposctl developnient is coiisisteiit
with the approved overall development plan and the provisions of this ordinance.
The City Council may require modifications
2) Data and Information Required:
In addition to the data included in the approved over-
all development plans, the following information and data shall be included
in the final. site plans for each phase:
a) The exact location, arrangement, and dimensions of
all buildings, structures, streets, drives, parking areas, and other site
improvements.
exterior materials, of all buildings and structures.
b) Elevations, sections and general specifications of
c)
d) Landscape plans indicating plant species, location,
e) Preliminary drainage, utility, erosion control, .
f) A circulation plan showing locations and designs of
Schematic floor plans of all buildings.
and size class.
and final grading plans.
driveways, intersections, parking areas, loading areas, maneuvering areas,
and pedestrian systems.
areas, parks, plazas, open spaces and other common areas.
ments, and provisions which will inf hence use, management, and maintenance
of the development.
Coqutations of all residcntizl a:id non-residential
densities, lot coverages, floor area, ratios, open space, setbacks, and
off-street parlting based upon said f iris1 site plans, specifically noting any
changes or alterations from tihe approved overall development plan in respect
thereto.
g)
h) Copies of al.1 proposed protective covenants, agree-
Detailed plans of public and private recreational
i)
3) ihicndments to Overall Development Plan:
a) Piinor changcvs in the location mid placement of
buil.dings may be authorized by tlic Z’lnnning 1)cpar tment where unfnrseen cir-
cumstances such as engineering rcquircaicnt s dic til tc siich change.
of the project shall be reviewed and rlccidcd upon by tlic City Council by a.
simp1 c nlajority vote. 11: such clinni:cs arc :~uclioi-i;~c*cI, ii 1-eviscd overall
devclopnient plan shall be subniitrcd sliui~ing ripprovcd cl~~ugcs.
b) All otlicr cliangcs wliJ.cli a1:Ecct: the ovcra1.1 dcsign .
4) Findings :
Tlic City Coriuci 1 shall npp~:ove tlic final site p3.an for
the development for tlie phase then to be constructed upon finding that:
a) The final site plan is in full compliance with the
approved overall development plan, as then aniecdcd pursuant to this ordinance.
b) The approved development schedule is being imple- ment ed .
c) The final site plan is in conformance with the provisions of this Section and other appl.icable provisions of this ordinance.
5) Conditional Uses :
Conditional use permits shall be considered concur-
rently with final site plans.
mission shall review and issue a reconunendation on a11 requests for conditiodal
use permits.
and Planning Commission, the City Council shall act on the conditional use
permit.
necessary.
finds that the following criteria have been met:
to a principal use structure.
principal use structures.
Tlie Corninunity Development and Planning Cow
After reviewing the rcconimenda~ion of the Community Development
The City Council may attach such conditions to tlie permit as it deems
No conditional use permit shall be granted unless tlie City Council
The proposed use is contained within or adjacent ~
The proposed use is architecturally compatible to
a)
b)
41 19/82
69
c) The proposed use will not harm the public health,
safety, and welfare or create a nuisance,
d) The proposed use will not cause exccssivc traffic
conges tion or parking deinanda .
e) Tile proposed use will provide goods and services
beneficial to the necds of the residents and occupants of the principal uses
and surrounding properties.
f) The proposed use will have direct pedestrian '
access to a principal use.
g)
this ordinance.
*.
The proposed use conforms to the requirements of
6) Platting:
final site plans for any phase by the City Council, the tract of land zoned
Mixed Development District shall be platted pursuant to and in accordance
with Edina Ordinance No. 801. That part of the zoned land not included within
an approved final site plan shall be platted as an outlot or outlots and the
outlot or outlots shall be replatted into lots and blocks as to the portion
thereof within the area encompassed by final site plans subsequently approved.
a building permit application shall be submitted to the City Building Official
who shall process the permit in conformance with applicable City Building
Codes and other applicable ordinances. The City Building Official may process
the building permit application concurrently with the final site plan review
by the City Council. However, a building permit shall not be issued until the
City Council has granted final site plan approval. Approval of a final site
plan for a phase of the development shall allow or permit issuance of a , .
building permit only for structures within that phase and not for any other
phase.
In connection with, and as a condition to approval of I
Upon approval of the final site plan by the City Council, F m 00
Q:
0 m
7) Specifi.c Uses Permitted in Districts:
a) In the Nixed Development District, no building or
land shall be used and no building shall be erected, structurally altered,
converted or enlarged except for the following principal uses:
1)
Citizen residence buildings containing at least 10 dwelling units.
2)
institutions.
3)
and public safety facilities.
4) Transit facilities.
5) Offices, business and professional.
6) Financial institutions without drive-up facilities.
8) Public parking facilities,
Permitted acccssory uses include those subordinate
Multi-family residence buildings and Senior
Publicly owned or operated civic and cultural
Publicly owned park and recreational facilities
7) Post Offices. -_
b) Accessory Uses:
uses whi.ch are clearly and customarily incidental to the principal uses, such
as driveways, parking areas, yards, garages, and recreational facilities intended
solcly for the use and cnjoymcbnt of rcsicicnts of a residcnt:ial principal use as
well as nurseries and cliild day care facilities.
.
c) Conditional lJses:
Tlic following uses my hc pcrmittcd subject to grant
of a conditional use peiniit. Tlie total gross floor nKca devoted to till condi-
tional uses sliall. not cxcecd IOX of the gross floor area of all nun-resldentinl
uses exclusive of all publicly owned or operated uses and parking facilities:
1)
those intended solely for the use and enjoyment OE residcnts of a residential
principal use.
Private recreational facilities other than
2) Drive-up baiiltiiig facilities and any other
drive-up facilities.
Commercial Districts except:
3) All
a>
b)
c)
d)
e>
f)
of motor vehicles.
principal uses allowed in the C-1 and C-2
Animal hospitals and kennels.
Automotive accessory stores.
Club and lodge halls.
Exterminating ofiices.
Garages for storage, repair and servicing
Parking lots and garages, except those
allowed as a principal or accessory use.
g) Pawn shops.
h) Undertaking and funeral home establishments.
4/19/82
.._
-. 70
8) Restrictions on Uses Permitted Within the Mixed Develop-
a) Rcsidcntial Density:
ment District:
The total area of the Nixed 1)evel.opment District,
exclusive of existing public street rights of way, shall not be less than the
sum of the minimum lot area for each dwelling unit adjusted by the bonuses
permitted hereunder: .
Minimum Lot Area Per Dwelling Unit
ND-3 4400 square feet
ED-4 3600 square feet
>ID-5 3300 square feet
Maxinium Bonus Permitted
ID-3 1000 square feet
MD-4 1000 square feet
.- MD-5 1500 square feet
Schedule of Bonuses
1) For each parking stall within, under, or totally
- ‘I
enclosed by a principal use Building, and reserved for exclusive use by resi-’
dents 02 the Xixed Development District, subtract 500 square feet per stall.
No more than one and one quarter stalls per dwelling unit shall be counted for
purposes of this bonus.
dwelling unit, add 250 square feet per each such bedroom.
structures (excluding those portions of all buildings devoted to public or
private parks, or accessory recreational facilities) is less than 20%, sub-
tract 250 square feet ?er dwelling unit.
abuts a publicly owned park that is now developed or is programmed to be
developed with recreational facilities or other facilities for the use and
enjoyment of the general public, subtract 400 square feet per dwelling unit.
rent to persons and families of low and moderate income, as defined by, and
pursuant to an agreement approved by, the Housing and Redevelopnient Authority
of Edina, Blinnesota, subtract 600 square feet.
2)
3)
For each bedroom in excess of two in any one
If the total lot coverage of all buildings and
4) If the Nixed Development District includes or
5) For each dwelling unit reserved for sale or .
I , b) Non-residential Density:
exclusive of publicly owned and operated civlc, CUI-tural, and recreational
facilities, transit facilities, and uses accessory to residential units allowed
on the site, as provided for by Paragraph 7 (a) of this ordinance, shall+not
exceed the basic allovwce set out below, adjusted by the bonuses below stated:
500 square feet of non-
residential floor area per
each allowed dwelling unit.
The gross floor area of all non-residential uses,’
Basic Allowance
Elasimum Bonus Permitted 300
Scticclule of Bonuses
1, If 502 or more of the required number of parking
spaces for the non-residential use are completely underground, add 250 square
€eet of non-residential floor area per dwelling unit.
a principal use, add 50 square feet of non-res.idcntia1 fluor area per dwelling
unit.
2. If mass transit stations are established within
c) Lot Coverage:
Not more than 30% of the tract zoned Mixed Develop-
ment District shall be covered by buildings or structures.
or.operated civic, cultural, and recreational facilities and transit facilities
shall not be included in lot coverage computations.
Publicly owned
d) Floor Area Ratio:
The ratio between the gross floor area of ;tnd non-
residential buildings and the total area of the entire tract zoned PIised Develop-
ment District shall nut exceed 0.5. Publicly owned or operated civic, cultural,
and recreational facilities and transit facilities shall not be included in
floor area ratio computations.
e) Useable Open Space:
400 square feet of useable open space per dwelling
unit shall be provided. Publicly owned or operated civic, cultural, and recrea-
tional facilities may bt! counted as useable open space.
areas, and areas having a width of less than 20 feet shall not be considered .
useable open space.
Driveways , parking
4/19/82
f) Setbacks:
ND-3 Front and Side Street 35 feet
Side 20 feet
Rear 30 feet
The minimum building sct1~1c.k from a1.l public MD-4
streets or from Mixed Development District boundaries shall be 35 feet or the
height of the buil.ding, whichever is greater.
streets or from Mixed Dcvelopmcnt District boundaries shall be 50 Feet plus
one half foot for each foot of building height in excess of 50 feet.
g) Building Height:
>ID-5 Tlie minimum building setback from al.1 public
District Maximum No. of Stories
FID-3 3
ID-4 4 MD-5 -
9) Off Street Parking:
a) l.1inimum Number of Spaces Required:
The following minimum number of spaces shall be
1) Residential:
located on the Mixed Development District:
One enclosed parking space and one half exposed
parking space for each dwelling unit.
2) Non-Residential Uses:
Exclusive of publicly owned and operated civic,
cultural and recreational facilities, transit facilities, and uses accessory to
residential uses.
Gross Floor Area (G.F.A.) Required Spaces
0-20,000 sq. ft. 1 space for each’
200 sq. ft.
190) sq. ft.
20,000-200,000 sq. ft. 1 space for each
((.COO5 x G.F.A.) -I-
200,000+ sq. ft. 1 space for each .
300 sq. ft.
b) Location:
The required number of off-street parking spaces
shall be located on or under the tract of land zoned Mixed Development District.
Required parking spaces shall not be separated from the principal use by a
public street.
withiii 500 feet of the entrances,to the principal use. No parking areas
including drive aisles shall be located within 20 fcet of street right of way
lines or within 10 fset of Nixed Development District boundaries.
c) Design and Construction:
At least 75% of the required parking spaces shall bc located
Off-street parking areas shall be so desigiled that
vehiclcs can be parked in a convenient and orderly fashion. Parking areas
shall be surf aced and niaintaincd with a hard, all-weather, durable, dust-f ree
surfacing material and shall be properly drained. Each parking space shall be
clearly outlined or otherwise marked and shall have a mininium width of 8% feet
and a length of 18 feet exclusive of aisles and maneuvering space.
widtlis shall be 22 feet for 90 degrcc parking. Traffic shall. be able to move
from one part of a parking lot to another without using a public street.
All raw materials, supplies, finished or semi-finished
.
Clear aisle
10) Storage:
products, motor vehicles, recreational vehicles and equipmcnt shall be stored
w5.tliin a completely cncl.oscd building; provided, IIOWCVCL’, Clint motor vehicles
necessary to tlic operation ot rhe principal use and of not morc tlian thrce-
quarter ton capacity may be storcd within the permitted parking lot arcos if
screened from view from a public strcct and adjacent propcrtics.
11) 01 E-S treet Loading :
Tlicre slid 1 be provided at least one off-s trcet loading
facility for an office building having a gross floor area of 20,000 to 100,000
square feet and one additional facility for each 10,000 square feet or major
fr-action thereof over the original 100,000 square feet.
and screening of loading arcas shall be subject to the same restrictions
applicable to off-street parking areas.
The location, design
(12) Trash Garbage Incinerators; Storage:
No estcrior incineration of trash or garbage is
permissible.
in an accessory building completely enclosed by wal.1~ and a roo€.
No exterior storage of trash or garbage Is pcnnissible except
(13) Landscaping: *
4/19/82
All exposed ground areas, including street boulevards,
drives, sidewalks, or other such uses shall be land-
All
No landscaped area
which are not. devoked to
scaped with grass, shrubs, trees and other ornamental landscape materials.
landscaped areas shall be kept neat, clean and uncluttered.
shall be used for the parking of vehicles or storage of any materials.
Motion for adoption of the ordinance was seconded by Member Turner.
Rollcall :
Ayes:
Nays: None
Bredesen, Richards, Schmidt, Turner, Courtney -
Ordinance adopted.
ATTEST:
n I Mayor
City Clerk
h----& .R),nnaiphs/
WINFIELD-LAUKKA ZONING CHANGE (ORDINANCE NO. 811-Al61) GRANTED FIRST READING.
Affidavits of Notice were presented by Clerk, approved as to form and ordered
placed on file.
Mixed Development District 5 zoning for property generally located in the
Southwest quadrant of W. 76th Street and York Avenue had been reviewed by the
Community Development and Planning Commission on numerous occasions, the last
occasion being February 24, 1982, at which time Mixed Development District 5
zoning was recommended. Mr. Peter Jarvis of Bennett, Ringrose and Wolsfeld
(BRW) presented an aerial view of the site, indicating that the project is pro-
posed to be constructed North of the 494 Frontage Road, East of York Avenue and '
1/4 mile East of France Avenue. He explained that this 20 acre site is proposed
to contain major office development on the Southerly portion of the site, a
condominium development on the Northerly portion of the site and a covered
public park facility which would link office and residential uses.
explained that the flagship building will be 20 stories high and the six condot--
Ininium buildings, containing 600 units, are proposed to range between two to
nine stories in height. It was pointed out that .the development will provide
a housing opportunity for people within the $17,000 - $35,000 income levels,
and that the 20,000 square feet of retail floor area will primarily serve the
needs of residents and occupants of the project as well as surrounding property.
Mr. Jarvix advised also that the cities of Richfield and Bloomington, as well
as the Metropolitan Transit Commission are concerned with the traffic impact
which will be generated by the project. Mr. Larry Laukka, one of the devel-
opers, explained that t3e project is an attempt to draw people between the
ages of 25 and 35 to the one and two bedroom apartments.
burg introduced Mr. James Holmes of Holmes & Gravens who explained that his
analysis indicates that the tax increment will retire the principal and inter-
est on the bonds and that there will be sufficient taxes generated to pay all
public costs. It was emphasized that the project is being constructed on a
desirable site and that it meets the standards and criteria that are required
by the City. In response to a question of the Council, Mr. Van Valkenburg
explained that the purpose of the 20 story flagship building is to conserve
energy and that it will not set a precedent for future construction in the City.
Mrs. Joan Lonsbury, Chairman of the Park Board, asked Mr. Jawis to attend the
Park Board Meeting on May 11, 1982, to explain the project to the Board.
Council was assured that sidewalks will be constructed around the entire pro-
ject and that public transportation will be available.. Stating that he believes
that this is an excellent example of private and public cooperation, Member
Richards moved concept approval and offered Ordinance NQ. 811-A161 for First
Reading, as follows:
Mr. Hughes recalled that the proposal of Winfield-Laukka for
Mr. Jarvis
Mr. James Van Valken-
ORDINANCE NO. 811-A161
BY ADDING TO THE MIXED DEWLOPMENT DISTRICT
Section 1. Paragraph 3 of Section 13 of Ordinance No. 811 of the City
"The extent of the Mixed Development District is enlarged by the addition
of the following property:
Parcel 1:
That part of the West 500.5 feet of the East 859.375 feet of the South-.
east Quarter of the Southwest Quarter of Section 32, Township 28,
Range 24, which lies Westerly and Southerly of the center line of York
Avenue South, as said center line is described in Book 73 of Hennepin
County Records, page 4017939.
AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
is enlarged by adding the following thereto:
4/ 19/82
73
Parcel 2:
That part of the West 193.875 feet of the East 358.875 feet of the
North 1211.68 feet of the Southeast Quarter OF the Southwest Quarter,
Section 32, Township 28, Range 24, lying Southerly of the center line
of Yorlc Avenue South, as said center line is described in Book 73 of
Hennepin County Records, page 4017939, according to the Government
Survey thereof.
Parcel 3:
Lot 1, Block 1, Northwestern Financial Center, according to the recorded
plat thereof.
Parcel 4:
That part of the South Half of the Southwest Quarter of Section 32,
Township 28, Range 24, described as beginning at a point on the South
line thereof 859.375 feet West along said South Line from the South-
east corner of the Southwest Quarter of said Section 32; thence TJest
along said South Line 445.5 feet; thence North parallel to the East
Line of said Southwest Quarter, to the North line of the South Half of
the Southwest Quarter of said Section 32; thence East along said North
Line 445.5 feet, more or less, to an intersection with a line drawn-
North parallel to the East Line of said Southwest Quarter, from the
point of beginning; thence South along said last described parallel.
line to the point of beginning.
All situated in Hennepin County, Minnesota.
Being registered land as is evidenced by Certificate of Title No.
5 973 74.
I,
Parcel 5 (Abstract) :
The South 6.565 rods of the East 21.750 rods of the Southeast 1/4 of
the Southwest 1/4 of Section 32, Township 28, Range 24, excepting and . excluding therefrom a tract of land described as follows:
That part of the East 21-3/4 rods of the Southeast 1/4 of the South-
west 1/4 of Section 32, Township 28, Range 24, according to the United
States Government Survey thereof, Hennepin County, Minnesota,
except the North 73.435 rods thereof, which lies Easterly of a line
drawn parallel w2th and 60 feet Westerly of the following described !-...
line :
Beginning at the point of the intersection of the North line of
said Southeast 1/4 with the centerline of York Avenue South as
shown on and dedicated by the plat of Yorktown, according to the
recorded plat thereof, Hennepin County, Minnesota; thence
Southerly al3ng an extension of said center line 1632.47 feet; :
thence Southeasterly 435.9 feet along a tangential curve to the
left, having a radius of 555 feet and a central angle of 45
degrees; thence Southeasterly tangent to last described curve 451.65
feet; thence Southeasterly 435.95 feet along a tangential curve to
the right, having a radius of 555 feet and central angle of 45
degrees, 00 feet, 19 inches, to a point in the Southerly exten-
sion of the East line of said Southwest 1/4 distant 103.43 feet
South of the Southeast corner of said Southwest 1/4 and there ter-
minating.
'
Excepting, however, those portions taken for highway purposes and
presently subject to easements for public road purposes for Xerxes
Avenue South.
NOTE
Contours on certain parts of this survey are per Mark Hurd Aerial
Surveys, Inc., map of SW 1/4 Section.32, Township 28, Range 24, Sheet
31 B of 35, from aerial photography taken April and November 1977,
said map purchased from the CLty of Edina.
EAST EDINA HOUSING FOUNDATION NEIGHBORHOOD DESTGNATED. Mr. Hughes recalled
that a non-profit housing foundation is being structured to work with the housing
portion of the Winfield Laukka project and that, in order to qualify for Com-
munity Development Block Grant Funds in future years (if desired), this founda-
tion's activities must be limited to a "neighborhood" of the City and not
the City as a whole.
following resolution and moved its adoption:
WHEREAS, the City Council of the City of Edina conducted a Public Hearing pur-
suant to published notice duly given; and
As recommended by Mr. Hughes, Member Schmidt offered the
RESOLUTION
41 19/82
WHEREAS, the City of Edina desires to provide assistance to renters, home
buyers and home owners of modest incomes; and
WHEREAS, such assistaace can most appropriately be provided on a neighborhood
basis; and
WHEREAS, that portion of Edina located Easterly of T.H. 100 is characterized by
housing stock and housing opportunities which are more available to indivi-
duals and families of modest incomes than other parts of the City;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina
hereby designates and establishes that part of Edina lying Easterly of T.H. 100
as a Neighborhood for purposes of promoting housing opportunities for indivi-
duals and families of modest incomes.
Motion for adoption of the resolution was seconded by Member Schmidt. i
Rollcall :
Ayes:
Nays: None
Resolution adopted,
Bredesen, Richards, Schmidt, Tumer, Courtney
REVEhWE BOND HOUSING PLAN APPROVED.
of a Housing Plan for the City of Edina, which plan represents the general
information portion of an application to the Minnesota Housing Finance Agency
(=A) to issue Mortgage Revenue Bonds
Mr. Hughes explained that the Housing Plan is taken largely from the Housing
and Land Use elements of the City’s Comprehensive Plan and that it also pro-
poses that mortgage revenue bonds be issued to help purchasers get long term
financing at reasonable rates.
offered the following resolution and moved its adoption:
BE IT RESOLVED by the Edina City Council that the Revenue Bond Housing Plan of
the City be and is adopted for the puzpose of issuing and selling revenue bonds
or obligations in order to finance mortgage loans for the acquisition of single
family housing primarily by low and moderate income persons and families anywhere
w2thin its boundaries.
Motion for adoption of the resolution was seconded by Member
Mr. Hughes presented a public hearing draft
In response to questions from the Council,
Following general discussion, Member Sch&Ldt .
RESOLUTION
I Turner;
Rollcall:
Ayes: Bredsssn, Rkhards, Schidt, Turner, Courtney
Nays: None ’
Resolution adopted.
HOUSINCv.’PROGRAM FOR REPXDENTIAL MORTGAGE REVEMTE BONDS HEARING DATE SET. AS
recommended by Mr. Hughes, Member Schmidt’s motion was seconded by Member Turner,
setting May 17, 1982, for hearing date on the Housing Program for Residential
Mortgage Revenue Bonds.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
MINNEHAHA. CREEK MANAGEMENT POLICY CONTINUED TO MAY 5, 1982.
4368 Vernon Ave., expressed her concern about the use of the dam at Lake Mime-
tonka which controls the amount of water allowed to flow thru Minnehaha Creek.
She referred to the fact that that creek levels are low during the summer and
high after spring thaws and following heavy rains and asked that the Council
take some action which would encourage action by the Department of Natural.
Resources to keep the creek at a more constant level. Mr. Dudley Parsons, 4437
Brookside Terrace and Mr. Norman Crosby, President of the Creekside Chapter of
the Izaac Walton League, joined Mrs. Taylor in her request for action by the
Council. Motion of Member Schmidt was seconded by Member Turner, directing Mr.
Hughes to work with Mrs. Taylor, Mr. Parsons and Mr. Crosby in developing a
resolution to be presented to the Department of Natural Resources and the Mhne-
haha Creek Watershed District, which resolution will be brought back to Council
at its meeting of May 3, 1982.
Urs. Shirley Taylor, -
*I
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays: None
Abstaining: Richards
GWVIElJ LIQUOR STORE RETAINING WALL BID APPROVED.
tabulation of two bids for repair of the retaining wall behind the Grandview
Liquor Store.
at $12,202. Motion of Member Schmidt was seconded by Member Turner for award
Mr . Rosland presented
Tabulation showed Ar~~co low bidder at $9,450 and Republic Steel
4/ 19/82
P m ocb
c) m 5
I
to recommended low bidder, Armo, at $9,450.00.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None.
Motion carried.
TRAFFIC SAFETY COmITTEE MINUTES OF APRIL 13, 1982, REVIEWED. Mr. and Mrs. Del
Smith, 5809 McGuire Rd., were present to appeal for a "Caution - Deaf Child"
traffic sign. Member Bredesen's motion authoring installation of the sign as
recommended by the Traffic Safety Committee, with the condition that the Smiths
notify the City when the sign is no longer required, and accepting Sections B
and C of the Minutes was seconded by Member Richards.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Motion carried.
. Nays: None
RIGOTTO'S PIZZA RESTAURANT MECHANICAL AMUSJNENT DEVICE LICENSE EXTENDED. Recall-
ing that Rigotto's Pizza Restaurant Mechanical Amusement Device License had been
extended tothis meeting fr.om the Council Meeting of April 5, 1982, Member Brede-
sen's motion was seconded by Member Schmidt,extending the license further until
Ordinance No. 811-A160 is granted Second Reading.
Ayes: Bredesen, Schmidt, Turner, Courtney
Nays : Richards
Motion carried.
HALEK 6TH ADDITION NAME CHANGE APPROVED, Being advised by Mr. Hughes that the
developer has changed the name of Halek': 6th Addition to Gleason Court, Mgmber
Bredesen offered the following resolution and moved its adoption:
BE IT RESOLVED by the Edina City Council that that certain plat known as Gleason
Court, platted by James M. Halek and Ronald E. Clark, and presented at the Edina
City Council Meeting of April 19, 1982, is hereby granted final plat approval.
Motion for adoption of the resolution was seconded by Member Schmidt.
RESOLUTION
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Resolution adopted.
NOISE ORDINANCE ACTION REQUESTED.
had received regarding a noise problem and requested that an.ordinance on noise
be considered at tk-- next meeting. No formal action was taken.
Member Schmidt referred to complaints that she
SOUTH HENNEPIN HUMAN SERVICES MEETING INVITATION ISSUED, Member Schmidt called '
Council's attention to the Annual Meeting of the South Hennepin Human Services
which will be held at 7:OO p.m., on April 28, 1982, at the 50th Street Twin City
Federal Savings & Loan office. No action was taken.
MEMBER TURNER APPOINTED TO SOUTH HENNEPIN HUMAN SERVICES COUNCIL. As recom-
mended by the Mayor, Member Bredesen's motion was seconded by Member Schmidt,
appointing Member Turner to succeed Member Schmidt on the South Hennepin Human
Services Council for a term of office which will run to February 1, 1983.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
The Mayor expressed his thanks to Member Schmidt for her years of service in this
' capacity.
CENSUS 'BELEASE NOTED. Mr. Rosland advised Council that newly released census
figures indicatee Edina's average age at 39% years, as compared to other munici-
palities in Hennepin County with an average age of 30 years.
taken.
No action was
'PETITIONS RECEIVED.
referring the following petitions to the Engineering Department for processing:
Member Richards' motion was seconded by Member Bredesen,
1. Sanitary Sewer - To serve 6610 and 6620 Normandale Road
2.
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried,
Storm Sewer - To serve McCauley Trail from Gleason Road to Timber Ridge
4/19/82
ORDINANCE NO. 211-A1 GRANTED FIRST READING, Member Schmidt offered the following
resolution for First Reading:
ORDINANCE NO. 211-A1 .. AN ORDINANCE AMENDING ORDINANCE NO. 211
TO" REQUIRE COMPLIANCE WITH THE ZONING ORDINANCE (NO. 811)
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Sec. 1. Ordiriance No. 211 is hereby amended by adding a new Section 19.
Sec. 19. Compliance with Zoning Ordinance. All machines shall at all
times be located only in a zoning district where such machines, and the number
thereof, are allowed by the applicable provisions of the Zoning Ordinance
(No. 811).
Sec. 2.
passage and publication.
I1
This ordinance shall be in full force and effect upon its
ORDINANCE NO. 17147 GRANTED FIRST READING. Member Schmidt offered the following
resolution for First Reading:
ORDINANCE NO. 171-A7
AN ORDINANCE AMENDING ORDINANCE NO. 171 TO INCREASE THE AMOUNTS
OF CERTAIN FEES
THE CITY COUNCIL'OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
A to Ordinance No. 171 is amended to read as follows:
Section 1,
AMOUNT Fee No.
$100.00 per machine for machines not described
in Section l(a) 4b
Sec. 2.
The amount of the following described fee number of Schedule
This ordinance shall be in full force and effect upon its pass-
age and publication.
ORDINANCE NO. 1401-A7 ADOPTED; SECOND READING WAIVED. Member Richards offered
the following ordinance for First Reading, with waiver of Second Reading and moved
its adoption: ' ORDINANCE NO. 1401-A7
AN ORDINANCE AMENDING THE EDINA TRAFFIC CODE
TO PERMIT VEHICLES TO PARK WITHOUT VEHICLE LIGHTS DISPLAYED
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
No. 1401, as follows:
Minnesota Statutes, Section 169.53, vehicles parked on a highway or adjacent
shoulder in accordance with local parking regulations need not display the
required parking lights when parked where there is sufficient light to clearly
reveal any person or object within a distance of 500 feet upon the highway."
upon its passage and publication.
Motion for adoption of the
Section 1.
"11.21. Lights on Parked Vehicles. Pursuant to authority granted by
Subsection 11.21 is hereby added to Section 11 of Ordinance
Sec. 2. This ordinance shall be in full force and effect immediately
erdinance was seconded by Member Bredesen.
L. Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Ordinance adopted.
ATTEST:
City Clerk
ORDINANCE NO-ORDINANCE NO. 801-A22 ADOPTED; SECOND READING WAIVED, Member
Richards offered the following ordinance for First Reading, with waiver of
Second Reading and moved its adoption:
ORDINANCE NO. 801-A22
AN ORDINANCE BENDING SECTION 9 OF ORDINANCE NO. 801
WICH MAY BE REQUIRED PURSUANT TO SUBPARAGRAPH (a)
OF SECTION 4 OF ORDINANCE NO. 801
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Section 9 of Ordinance No. 801 is hereby amended to read
as follows:
"Sec. 9. Final" Approval of Plat.
(a(
TO ALLOW DEFERNENT OF THE PAYMENT OF THE CASH CONTRIBUTION
When a plat has been given preliminary approval by the Council and
the required improvements have been completed, or subdivisipn financing agree-
ment executed by the City and the person or persons who filed such plat, and
-.-
4/19/82
security furnished and land set aside and dedicated or equivalent cash con-
tribution made or deferred as provided in Subparagraph
and the conditions imposed by the Council at the time of granting preliminary
approval have been fully met' and.conplied with, all as herein required, the
City Manager or City Planner shall submit a supplementary report thereon with
the plat to the Council for final approval, which shall be given by resolution.
In order to obtain preliminary and final approval by the Council at the same
hearing, all of the foregoing requirements for final approval shall have been
then met and complied with. If the Council imposes conditions in any grant
of final approval, then the officers of thc City shall not sign such plat, nor
shall the City Clerk issue any certified copy of the resolution of the City
Council giving such final approval, until such conditions are met and complied
with. The City Clerk is authorized, once such conditions have been met and
complied with, to issue a certified copy of the resolution of the City
Council giving such final approval, without reference to such conditions.
(b)
(a) of Section 4 of this ordinance may, at the option of the person liable
therefor, be paid (i) prior to final approval; or (ii) if, prior to final .
approval, such person shall have delivered to the City the Letter of Credit
required by this Subparagraph (b), at the following described times:
If only one building permit is required to be obtained for the
construction of the improvements upon the land, such cash contribu-
tion (together with interest thereon as hereinafter provided) shall
be paid at the time of the application for such building permit, but
no later than three (3) years from the date of final plat approval.
If more than one building permit is required to be obtained for the
construction of the improvements upon the land, a portion of such .
cash contribution (together with interest on such portion as herein-
after provided) shall be paid at the time of each application for a
building permit, which portion shall, in each case, be an amount
equal to the result obtained by dividing the amount of such cash
contribution by the number of building permits required to be
obtained; provided, however, that the entire cash contribution
(together with interest thereon as hereinafter provided) shall be
paid no later than three (3) years from the date of final plat
approval.
(b) of this Section 9,
'
Any cash contribution which may be required pursuant to Subparagraph
(1)
(2)
In the event that the person liable for the payment of the cash contribution
elects to defer the payment thereof as herein provided, the amount of such
deferred payment shall bear interest from the date of final plat approval, at
the rate of the lesser of (i) one percentage point per annum in excess of the
net effective inter--?st rate (as determined by the City) paid by the City on
the bonds of the City then (as of the date of final plat approval) most
recently sold by the City; and (E) the maximum rate allowed by Minnesota
Statutes g334.011, Subd. 1, as the same may be hereafter amended; provided,
however, that if Minmesota Statutes
providing a maximum interest rate on forebearances for business purposes,
shall cease to exist, theamountof the deferred payment shall bear interest
at the rate of eight percent (8%) per annum.
In the event that the person liable for the payment of the cash contribution
elects to defer the payment thereof as herein provided, the payment of such
deferred payment (together with interest thereon as herein provided) shall be
secured by a Letter of Credit for the full amount of such deferred payment;:
(together with interest thereon as herein provided) shall be secured by a
Letter of Credit for the full amount,of such deferred payment (together with
interest thereon in an amount estimated by the City Planner).
Credit shall (i) be for an initial term of one year renewable for two addi-
tional terms of one year each; (ii) provide for thirty (30) days' prior
written notice to the City of expiration; and (iii) otherwise be in the form
and from a bank described in Section 8 of this ordinance. Such Letter of
Credit may, at the option of the person liable for the payment of the cash
contribution, be combined with any letter of Credit required of such person
pursuant to Section 8 of this ordinance.
Credit may be reduced from time to time as partial payments of such cash
contribution are made to the City.
adoption and publication and when effective, shall be filed with the office
of the County Recorder, Hennepin County, Minnesota.
Motion for adoption of the ordinance was seconded by Member Turner. '
5334.011,, Subd. 1, or a similar statute
Such Letter of
Also, the amount of such Letter of
Sec. 2. This ;ordinance shall be in full force and effect upon its
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Ordinance adopted.
4/19/82
-. 78
ATTEST:
L
ATTEST:
$b d-YL/
City Clerk
d-YL/
City Clerk
IMPROVEMENT NO. WH-1 HEARING DATE SET.
lution and moved its adoption:.
Member Schmidt offered the following reso-
RESOLUTION SETTING HEARING DATE - FOR WEED HARVESTING INPROVEHENT NO. WH-1 . . I.
1. The City Engineer, having submitted to the Council a preliminary report as
to the feasibility 'of the proposed Weed Harvesting described in the form of
Notice set forth below, and as to the estimated cost of such improvements, said
report is hereby approved and directed to be placed on file in the office of
the City Clerk.
2.
City Hall, to consider in public hearing the views of all persons interested in
said improvement.
3.
place and purpose of said meeting to be published in the official newspaper
once a week for two successive weeks, the second of which publication is to be
not less than three days from the date of said meeting, and to mail notice to
all affected properties in substantially the following form:
This Council shall meet on Monday, May 3, 1'982, at 7:OO p.m., in the Edina
The City Clerk is hereby authorized and directed to cause notice of the time,
(OFFICIAL PUBLICATION)
CITY OF EDINA
4801 W. 50TH STREET
EDINA, MINNESOTA 55410
NOTICE OF PUBLIC HEARING
HARVESTING OF AQUATIC 'NEEDS
FROM MINNEHAHA CREEK mLL POND
THE EDINA CITY COUNCIL will meet at the Edina City Hall, on Monday, May 3, 1982,
at 7:OO p.m., to consider the following proposed improvement to be constructed
under the authority granted by Minnesota Statutes, Chapter 429. The approximate
cost of said.improvement is estimated by the City as set forth below:
ESTIMATFD COST
Harvesting of Aquatic Weeds from Mill Pond $7,6 03.00
The area proposed to be assessed for the cost of proposed improvements includes:
I
Lots 1-22, Block 4, Country Club District Brown Section
Lots 1-18, Blo-k 14, Country Club District Brown Section
Lots 4-8, Block 5, Country Club District Brown Section
Lots 1-4, Block 1, Country Club District Sunnyslope Section
Lots 1-12, Block 6, Country Club District Sunnyslope Section
Lots 2, 4-9, Block 3, Country Club District Sunnyslope Section
Lots 1-2, Block 1, Sunnyslope Addition - Eitel Replat
Parcel 2000, Section 18, Township 28, Range 24.
BY ORDER OF THE EDINA CITY COUNCIL.
Florence B. Hallberg
City Clerk
t
Motion for adoption of the resolution was seconded by Member Turner.
Rollcall :
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Reselution adopted.
LIQUOR FUND AS OF DECEMBER 31, 1981, REVIEWED. As requested .hy'Member Bredesen,.
Mr. Rosland said that he would submit a report on the liquor fund within the next
month. No formal action was taken. '
CLAIMS PAID.
of the following Claims as per Pre-List: General Fund, $245,674.71; Park Fund,
$3,191.26; Art Center, $2,649.14; Golf Course, $6,342.84; Arena, $20,616.16; GUR
Rnage, $288.34; Water Fund, $46,474.01; Sewer Fund, $143,680.30; Liquor Fund,
$222,430.06; Construction, $260.51; Total, $691,607.33
Ayes: Bredesen, Richards, Schmidt, Turner, Courtney
Nays: None
Motion carried.
Motion of Member Turner was seconded by Member Richards for payment
No further business appearing, the Mayor declared the meeting adjourned.
ment at 10:07 p.m.
Adjourn-
./