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HomeMy WebLinkAbout19740819_regular3IINUTES OF THE REGULARMEETING OF THE EDINA CITY COUNCIL HELD.AT C1TY.HAL.L 0N.MONDAY AUGUST 19, 1974 Answering rollcall were Council.3iembers Courtney, Johnson, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of July 15, 1974,"were approved as amended by motion of Councilman Shaw, seconded by Councilman Courtney and carried. Correctiohs were as f0llox~s:in regard to Ordinance No. 811-A55: Mr. Shaw stated the Environmental Quality Commission has had ah opportunity to study 'the proposal, the Planning Commission has had a number of opportunities to study it, and they believe it is an accept- - able compromise. As stated in the Planning Commission minutes, the expressions of the people immediately adjacent to The apartment unit were that there was a preference over having the property cut up into single-family lots and single- - family houses, particularly with the slope of the hill. the minutes were inaccurate relative to the- property proposed to be assessed for Parking Lot Improvement P-2 and that the land to be properly assessed therefor Shoo1d;ZbeLdescribcsd in the minutes an pages .I90 a. 191 and; 192 as follows : "A. Mr. Erickson said that CONSTRUCTION OF PARRING LOT GRADIEG AND SURFACIhu3 IN THE FOLLOWING (P-P-2): Behind Grandview Liquor Store (Lots 1, 2, 3, 4, 5 & 6, Block 3, Grandview Heights Addition and West 1/2 vacated Brookside Avenue). Mr. Dunn explained that this improvement has been carried over since June 3 so the staff could have further discussions with the property owners in the area. The total estimated cost is $50,847.50, proposed to be assessed against the following pamels of land: Lots 1, 2 and 3, except that part of said Lots taken by the State of Minriksota for State Highway'purposes, and except that part of said Lots 2 and 3 lying Southwesterly of a line running from a point on the West line of said Lot 2, distant 15.86 feet South from the Northwest corner of said Lot 2, measured along said West line, to a point on the South Iine of said' Lot 3, distant 39.22 feet West from the Southeast corner of said Lot 3, measured along said South line, all in Block 3, Grand- view Heights, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County. Also, the Vest one-half of Brookside Avenue, as shown by said plat of Grand View Heights, which lies between the Easterly extension *of the Southerlyline of Cot 3, Block 3, said plat of Grand View Heights, and' the extension across said Brookside Avenue of the South line of Hopkins Road, as shown in said plat of Grand View Heights. as shown by said plat of Grand View Heights, which lies between the Easterly extension of the South line of Lot 6, Block 3, said plat of Grand View Heights, the extension across said Bror>ksi.de Avenue of the South line of Hopkins Road, as shown on said plat of Grand View Heights. (CITY OF EDINA) That part of Lots 2 and 3 lying Southwesterly of a line running from a point on the Vest line of said Lot 2 distant 15.86 feet South from the Northwest corner of said Lot 2, measured along said Nest line, to a point on the South line of said Lot 3, distant 39.22 feet West from the Southeast corner of said Lot 3, measured along said South line and Lots 4, 5, 6,.25. 26 and 27 except that part of said Lots taken by the State of Minnesota for State Highway purposes, Block 3, Grand View Heights, according to the plat therepf on file or of record in the office of the Register of Deeds in and for said County. one-half of Brookside Avenue, as shown by said plat of Grand View Heights, which lies between the Easterly extension of tk South line of Lot.6, and the Easterly extension of the South line of Lot 3, all in Block 3, said plat of Grand View Heights. Also, Lots 20, 23, and 24, Block 3, said plat of Grand View Heights. Also, the East 1/2 of Summit Avenue vacated adjoining said Lot 20, and Lots 23 to 25, inclusive, Block 3, said plat of Grand View Heights. (GRANDVIEU CONSTRUCTION COMPANY) Lots Twenty-one (21) and Twenty-two (22), Block Three (3), Grandview Heights, according to the map or plat thereof on file or.of record in the Also the East one-half of Brookside Avenue, Also, the West office of Also, the 22, Block Also : Tract A: the Register :of Deeds in and for said Hennepin County, Minnesota. East 1/2 of Summit Avenue vacated adjoining said Lots 21 and 3, said plat of Grand View Heights. Lots 11 to 19 inclusive, Block 3, and Lots 18 to 20 inclusive, Block 4, Grand View Heights, together with the East 1/2 of Summit Avenue vacated adjoining Lots 15 to 19 inclusive, 8/ 19 174 Block 3, said block and addition, and the West 1/2 *of Summit Avenue vacated adjoining Lots 18 to @O inclusive, Block 4, said block and addition, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. That part of Lot 16 lying East of a line drawn from a point on the South line thereof distant 28 feet East of the South- west corner of said Lot 16 to a point on the North line of said Lot distant 47 feet East of the Northwest.corner thereof, Block 4, ''Grand View Heights", and that part.of the West half of the adjoining vacated Summit Avenue lying between the exten- sions across it of the North and South lines of said Lot 16, according to the plat thereof on file or of record in the office of the Register of Deeds in and for Hennepin County. That part of Lot 17 lying East of a line drawn from the South- west-corner of said Lot to a point on the North line of said Lot, a distance of 28 feet East of the Northwest corner thereof, in Block 4, GrandqView Heights, according to the plat thereof on file and of record in the office of the Register of Deeds * in and for Hennepin County, Minnesota, and that part of the West half'of the adjoining vacated Summit Avenue lying between the extensions across it of the North and South lines of said Lot 17, according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota. Tract B: Tract C: (GERALD A. PAULSEN and SHIRLEY ANN PAULSEN, his wife) That part of Lots 12 to 15 inclusive, Block 4, Grand View Heights, and that part of the adjacent portion of West Half of vacated Summit Avenue, adjoining Lots 11 to 15 inclusive, lying between the Easterly extensions across said Avenue of the-North line of said Iot 11 and the South line of said Lot 15, all of which lies Easterly of a*line parallel with and 90 feet Easterly of the center line of State Highway No. 5, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. (WALTER C. GUSTAFSON, as Trustee in Voluntary Dissolution of the Grandview Associates, Inc.) Th8 parcels owned by the City will be assessed 31% of the cost of obtaining good record title from Grandview Construction Company to the necessary property and easements for the parking lot and 45% of all other costs of the improvement. All other costs of the improvement will be assessed against the other parcels above described, on a square-foot basis. Mr. Erickson proposed that the Council approve the project and award the bid with the condition that: the Agreement is signed and the sharing of costs is,confirmed with the City Finance Directors. Mr. Paulsen and Mr. Gustafson were present and confirmed the Agreement and agreed on the te-rms. Councilman Courtney then moved approving the project and awarding the bid subject to the signing of the Agreement. lution Ordering Improvement later in Minutes.)." Page 192: Motion was seconded by Councilman Shaw and carried. (See Reso- RESOLUTION ORDERING IMPROVEMEmS NOS. P-2, A-174 Delete that part of the minutes related to the above heading following the line "NQ.2 Above STREET IMPROVEMENT NO. A-174" at the top of page 192 and insert in lieu thereof the following : "and the area to be especially assessed for P-2 above shall include all of the property owned by the City of Edina; Grandview Construction Company; Gerald A Paulsen and Shirley Ann Paulsen, his wife; and Walter C. Gustafson, as Trustee in Voluntary Dissolution of the Grandview Associates, Inc., described earlier in these minutes under the heading 'Public Hearings Conducted on Proposed Improvements'; and the area to be specially assessed for A-174 includes Lots 11 and 12, Richmond Hills 3rd Addition; Lot 1, Block 1, Melody Knolls 5th Addition; Lots 1 and 2, Block 5, Melody Knolls 3rd Addition. resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted." I Motion for adoption of the I ASSESSMENTS. LEVIED 0N"NUMEROUS IMPROVEMENTS. Affidavits of Notice were pre- sented by Cierk, approved as to form and ordered placed on file. due notice given, public hearings on numerous assessments were conducted and action taken as hereinafter set forth: A. STREET IMPROVEMENT NO. BA-168 in the following: Pursuant to * Cjunnyside Road from the East line of Block 2 of Country Club District Grimes Avenue from Sunnyside Road to the North line of Sec. 18, T. 28, R. 24 Fairway Section to Highway 100 8/19/74 Arden Avenue from W. 50th Street to Sunnyside Road Bruce Avenue from b7. 50th Street to Sunnyside Road Casco Avenue from Country Club Road to Sunnyside Road Drexel Avenue from Country Club Road to Sunnyside Road Edina Blvd. from Country club Road to.Sunnyside Road Moorland Avenue from Country Club Road to Sunnyside Road Browndale Avenue from Country Club Road to I?. 44th Street Edgebrook Place Country Club Road from Arden Avenue to the South line of the North % Bridge Street from Arden Avenue to Minnehaha Creek - Mackey Street from Sunnyside Road to North line of Country Club District, of Sec. 18, T. 28, R. 24 Brown Section Hr. Hyde presented Analysis of Assessment showing total cost-to-be.assessed-at $280,845.45, proposed to be assessed against 37,346.47 assessable feet at $7.52 per assessable foot against estimated assessment of $8.59 per assessable foot. No objections were heard and none had been received priorthereto. (See Resolution Ordering Assessment later in Minutes.) B. STREET IMPROVEMENT NO. BA-197 In elid following: Antrim Road from Vest 70th Street to Dublin Road Dublin Road from South line of Lot 4, Prospect Hills to Antrim Road Kerry Road from Dublin Road to cul-de-sac Wexford Road from Kerry Road to cul-de-sac Down Road from XJexford Road to Lee Valley Road Lee Valley Road from Down Road -to Shannon Drive Shannon Drive from Lee Valley Road to Dewey Hill Road Tralee Drive from Lee Valley Road to cul-de-sac . . Mr. Hyde presented Analysis of Assessment showing total construction cost at $37,282.27, proposed to be assessed against 47 2/3 assessable lots at $782.14 per lot against estimated assessment of $1,824,28. none had been received priorthereto. (See Resolution Ordering Assessment later in Minutes.) C. No objections were heard and STORM SEWER IMPROVEMENT NO. 117-B iri 'Eli2 following: Lee Valley Road from Shannon Drive to Down Road Down Road from Lee Valley Road- to Kerry Road Mr. Hyde presented Analysis of Assessment showing total construction cost at $51,996.07, proposed to be assessed against 2,575,338 square feet at $0.02019- per assessable square foot against estimated assessment of $0.016 per assessable square foot-. a storm sewer assessment of $1,800 for his property and that he should have been told at the time he inquired about the assessments on his property that this assessment would be forthcoming. be assessed against his property. stretched out over a long period of time., .held on October 28, 1968, and.a portion of the storm sewer in the lower areas (North of Dewey Hill Road, but still in the lower areas of the Prospect Hills area and Kemrich Knolls) was installed in 1969, and assessed in .September, 1970, at $41.84 per 1,000 square feet.. The remainder of Storm Sewer 117 was installed when the Prospect Hills street improvement was installed last year and the storm sewer now under discussion is the last portion of the storm sewer actually authorized in 1968. lfr. Dunn recalled that the estimated assessment in 1968 was given at $62.95 per 1,000 square feet and that this proposed assessment for Storm Sewer 117-B brings the total assessment to $62.03 per 8~000 ~ squ8re feet. Mr. Dunn further recalled that Storm Sewer 140 (the trunk portion of the storm sewer) was authorized on June 3, 1974 at an estimated cost of $37.19 -per - 1,000 square feet and that will be the final assessment for the system. clarified that the assessment policy of the City is that all work done in the district is assessed over the entire district. llr. V. S. Totman, 7112 Fleetwood Drive, said that he had been told that the assessments on his property had been paid in full. llr. €@de explained that the City tries desperately to advise any- one inquiring about future assessments correctly and that this is the first comp- laint in some time that future assessments have been missed. that storm sewers have to come as new areas develop. heard, Councilman Courtney's motion ordering the assessment was seconded by . Councilman Johnson and carried. Knutes .) Mr. James A. Kelsey, 5720'Kemrich Dr., objected that he already has He asked how many additional storm sewers would Mr. Dunn explained that Storm Sewer 117 had. been Henrecalled that the initial hearing was He He also explained No further discussion being - (See Resolution Ordering Assessment later in D. SANITARY SEWER IMPROVEMENT NO: SS-302-A in the following: .\ Easement line from Vernon Avenue to service No. 5508 and,No. 5516 Vernon Ave. Mr. Hyde presented Analysis of Assessment showing total construction cost at $7,110.48, proposed to be assessed against two asseasable lots at $3,555.24 ,against estimated assessment of $4,748.80 per assessable lot. Mr. Robert EZigh, 5516 Verrion. _. was assured by Mr. Hyde that connection charges would be made against anyone tap- assessment. . ~ ping into the sewer in the future and that a rebate would be made on the original 1. (See Resolution Ordering Improvement later in Minutes.) 8f 19k74 r-y 0 Ex3 W . .. E. SANITARY SEWER IMPROVEMENT NO. SS-305 .in t.he following: ' Lincoln Drive from 60' 2 South of centerline of Londonderry Drive to South line of Nine Mile North Addition . Mr. Hyde presented Analysis of Assessment showing total construction cost at $10,748.64, proposed to be assessed against four connections at $2,687.16 per connection, against estimated assessment of $3,739.53 per assessable connection. No objections mere heard and none had been received prior thereto. Resolution Ordering Assessment later in Minutes.) F. STREET IMPROVEMENT NO. C-112.in the Eollowing: Lincoln Drive from Londonderry Road to North line of Prestige Second Addition Mr. Hyde presented total construction cost at $32,592.57, proposed to be assessed against 1,449.81 feet (R-1) at $8.00 per assessable foot, being the same cost as the estimated assessable cost, and against 1,431.09 assessable feet (PID) at $14.67 per assessable foot against $35.73 estimated xosit-lper- assess- . . . able foot. (See Resolution Ordering .Assessment later in Minutes.) G. STREET IMPROVEMENT NO. BA-190 iii fhe following: Lincoln Drive from.Londonderry Road ta North line of Prestige, Second Addition Mr. Hyde presented total construction cost at $37,232.45, proposed to be assessed against 1,449.81 assessable feet (R-1) at $12.00 per assessable foot, being the same cost as the estimated assessable cost, and against 1,431.09 assessable feet (PID) at $13,79 per assessable foot as agaimst $l6,00 estimated cost per assess- able foot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) H. SANITARY SEWER IMPROVEMENT NO. SS-312 in the following: (See No objections were heard and none had been received prior thereto. Easement line from West line of Hondo Second Addition to Shannon Drive&to Dublin Road Mr. Hyde presented total cofiStrtxtion cost at $15,971.30, proposed to be assessed against five assessable lots at $3,194.26 per assessable lot. objections were heard and none had been received prior thereto. Ordering Assessment later in Minutes.) I. STREET IMPROVEMENT NO. A-172 in the following: West 62nd Street from Concord Avenue to St. Johns Avenue Mr. Hyde presented total construction cost at $4,883.52, proposed to be assessed against 688.79 assessable feet at $7.09 per assessable foot against estimated assessment of $13.90 per assessable foot. been received prior thereto. (See Resolution Ordering Assessment later in Minutes .) J. STREEZT IMPROVEMENT NO. BA-196 in the following: Lee Valley Circle from West 70th Street to West 70th Street Mr. Hyde presented total construction cost at $14,203.93, proposed to be assessed against 1$327.47 assessable feet at $10.70 per assessable foot, against estimated assessment of $14.47 per assessable foot. .Mr. John G. Ebert, aQ04 Lee Valley Circle, requested that the project be assessed on a per lot basis on the theory that all lots on the street receive the same benefit. Mr. James Gendreau, 7008 Lee Valley Circle, said that some families have more cars than others, and therefore receive more benefit from the improvement. Following some discussion, Councilman Johnson's motion authorizing the assessment on a per lot basis was seconded by Councilman Shaw and carried. (See Resolution Ordering Assessment later in Minutes.) ified that he believed that all properties received the.same benefit.and that the assessment should, 'therefore, be the same for each parcel to be assessed. K. WATERMAIN IMPROVEMENT NO. WM-278 in the following: Roushar Frontage Road and,proposed Frontage Road from Lincoln Drive to Vernon Avenue from County Road #62 to Walnut Drive Vernon Avenue from Tamarac Drtve to the West line of Gleason Third Addition Mr. Hyde presented Analysis of Assessment showing total construction cost at $104,963.22, proposed to be assessed against 2,829,960 square feet at $0.03709 per assessable square foot against estimated assessment of $0.04089 per assess- able square foot. that this assessment is for a sub-trunk water main; and none had been received prior thereto. later in Minutes.) L.: WATER MAIN IMPROVEMENT NO. WM-286 in the following: Mr, Hyde presented Analysis of Assessment showing total construction cost at $6,110.96, proposed to be assessed against four connections at $1,527.74 per assessable connection. upon 100% petition. thereto. No (See Resolution No objections were made and none-had Councilman Johnson clar- Vernon Avenue In response to Councilman Shawls question, Mr. Dunn explained No objections were heard .(See ResolutTon Ordering Asgessment:. Bridge Lane from Townes Road to .320 feet West He recalled that this improvement had been ordered-in No objections were heard and none had been received prior (See Resolution Ordering Assessment later in Minutes .) 8/19/74 M. STORM SEWE IMPROVEMENT NO. ST,S.-135 in the following: Easement line between Lots 12 and 9, Block 2, Bertelsen Addition, and Tract G, R.L.S. No. 1129 from W. 76th Street North 250 feet; thence West 50 feet; thence North 260 feet Mr. Hyde presented total construction cost at $11,648.42, proposed tgbe assessed against lots 8 and 9, Block 2, Bertelsen Addition at $6,256.26 and against Tract A., Registered Land Survey No, 1270 at $5,392.16. Estimated assessment had been for $6,441.70 against Lots 8 and 9, Block 2, Bertelsen Addition and %or $5,551,.99 against Tract A, .Registered Land Survey No. 127Q. No objections were heard and none had been received prior thereto. (See Reso- lution Ordering Assessment later in Minutes.) N. STREET IMPROVEMENT NO. BA-192 in the following: Field-Way from Londonderry Road Westerly 725' 2 Dovre Drive from Londonderry Road ,Westerly to Biscayne Blvd. Biscayne Blvd. from Londonderry Road to Dovre Drive Mr. Hyde presented total assessable cost at $27,545.06, proposed to be assessed ,against 4,186.18 feet at $6.58 per assessable foot.as against estimated assess-. ment of $13,33 per assessable foot.. Mr, Wde told Mr. Oliver of Parkwood Road that he would have received a notice if his property was proposed to be assessed. No objections were heard and none had been received prior thereto. tion Ordering Assessment later in Minutes .) 0. STREET 1MPROVi"T NO, BA-193 in the following: , (See Resolu- - Tupa Drive from East line of Braemar Hills 5th Addition Easterly to cul-de- sac Mr. Hyde preFent6.d total construction cost.at $2,217.04, proposed to be assessed against 4 assessable lots at $554.26 per assessable lot, against estimated' assessment of $1,201.73 per assessable lot. had been received prior: thereto. Enutes .) P. SANITARY SElJER IMPROVEMENT NO. SS-297 in the following: Gleason Road from Dewey Hill Road to 1500' South Mr. Hyde presented Analysis of Assessment showing total construction cost at $31,458.05, proposed to be assessed against 13 assessable lots at $2,419.85 per assessable lot against estimated assessment of $1,839.25 per assessable lot. Mr. Hyde referred to a letter from Eir. W, E. Johnston of Hyde Park Development Company, requesting a ten year assessment on this improvement as well as on the following improvement:. Q. I?ATER MAIN IMPROVEMENT NO. WM-268 in We following: Gleason Road from Dewey Hill Road to 1500' South Mr. Hyde presented Analysis of Assessment showing total construction cost at $13,993.72, proposed to be assessed against 13 assessable lots at $1,076.44 per assessable lot against estimated assessment of $1,531.03 per assessable lot. Mr. W. E. Johnston requested a ten year.assessment on both Sanitary Sewer No. SS-297 and on IJater Main Improvement No. WM-268, contending that development of Hyde Park was tied to the Gleason Road construction which has only now been completed. He said that they would not have ordered the work done this year with the market as it has been. and the status of Develope& Agreements. He added that there is a stipulation in the original Developer's Agreement that there will be no building permits issued in the other portion of the subdivision until the second Developer's Agreement is entered into. When the second Developer's Agreement is signed, it will call for .three year assessments or payment of the assessments at the time the property is transferred, in accordance with City ordinances. Councilman Johnson then moved approval of the assessments of on a three year assessment as proposed in accordance with the Developer's Agree- ments and in view of the fact that the assessments will pose no hardship; was seconded by Councilman Courtney and carried ment later in Minutes.) R. .STREET IMI?ROVEEBNT NO. BA-178 in the Following: No objections were heard and none ' (See Resolution Ordering Assessment later in , Mr. Dunn explained the history of the improvements Sanitary Sewer No. SS-297 and Water $fain No. IJM-268 Motion (See Resolution Ordering Assess- Hyde Park Drive from Dewey fiill Road to 450'. -4- South Hyde Park Circle from Hyde Park Drive Vest to cul-de-sac Mr. Hyde presented total constructinn cost at $17,136.03, proposed to be assessed against 1,027.34 assessable feet at.Sl6.68 per assessable foot against estimated assessment of $11.92 per assessable foot. No objections were heard and none had been received prior thereto. -meht 'far dohg a tremendous job, based on the fact that a number of improvements have been constructed and there have been no complaints on the workmanship, etc. Councilman Courtney thereupon offered the following resolution and moyed its D . Nr. Hyde then gaye credit to the Engineering-Depart- adoption: RESOLUTION ADOPTIUG AND CONFIRIiING SPECIAL ASSESSMENTS LEVIED .ON. ACCOUNT OF STREET IMPROWMENTS NOS. BA-168, BA-197, BA-190;-BA-196, BA-192, -BA-193, '3A-178,. C-112, A-172, STORM SEWER'IMPROVEEIENTS NOS. ST.S-117-B, ST.S.-135, SANITARY SEWER IMPROVEMENTS NOS..SS-SS-3O2-A2 SS-305-, SS-312,SS-Z97 AM, . WATER HAIN IMPROVBMENTS NOS. WM-278, IGi-286 ; and WM-268. BE IT RESOLVED by the City Council of the City of Edina, Minnesoga, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearing held on August 19, 1974, has considerpd all oral and written objections presented against the levy of such assessments. 2. the assessments as set.forth in the assessment rolls on file in the office of the City Clerk for the following improvements: BA-197, BA-190, BA-196, BA-192, BA-193, BA-178, C-112, A-172, Storm Sewer Improvements Nos. ST.S.-117-B, ST.S.-135, Sanitary Sewer Improvements Nos. SS-302-A, SS-305, SS-312, SS-297 and Water Main Improvements Nos. i;lM-278, WM-286 .' and FJM-268 does not-exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assess- ments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. provide for assessment against all properties on a per lot basis equally. 4. Improvement fD1-268 shall be payable in three equal annual installments and all other assessments shall be payable in ten equal annual installments, the first of said installments, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1975, to be payable with the general taxes for the year 1974. 5. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified,duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with.this resolution. 6. payable by a county, by a political subdivision or by the owner of any right- of-way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilman Johnson and on rollcall there were five aves and no navs and the resolution was adopted. The,City.has given notice of hearings as required by law on the proposed Subject to the amendment made in paragraph 3 of this resolution, each of Street Improvements Nos. BA-168, Said assessment for Street Improvement No. BA-196 is hereby amended to The assessments for Sanitary Sewer Improvement SS-297 and Water Main The Clerk shall also mail notice of any special assessments which may be .I a ORNMNTAL STREET LIGHTING IMPROVEMENT P-L-9 CONTINUED TO SEPTEMBER 9, 1974. Affidavits of Notice were presented by Clerk, approvea as to form and ordered placed on file. dn the following improvement as hereinafter set forth: Due ngtice having been given, public hearing was conducted CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT IN THE FOLLOWING : I T?est 70th Street from Highway 100 to France Ave. Mr. Hyde presented total estimated construcfion cost at $25,073.66, proposed to be assessed on a per lot basis at an estimated cost of $284.93 per assess- able lot. Mr. Hyde explained that this improvement is occasioned'by the fact that Northern States Power and Northwestern Bell Telephone Company cooperated in taking down their overhead lines in this area, partially in connection with hheir overall program, and partially at the request of the City because of the sidewalk installation. Mercury Ornamental Luminairies mounted on twenty foot high poles at approximately 300 foot intervals, with all underground wiring. to a letter fro@ Mr. Robert G. Syring, 6909 Wooddale Ave., stating that the ' improvement is for the benefit of those using FJ. 70th Street and should not be assessed against-abutting properties. questioned the possibility of using wooden poles. Street was assured that the City would pay its share for the Arneson property and that the School District would be assessed. He objected to paying for the improvement.for use of the general public. Mr. Dunn assured the gentleman that boulevards on W. 70th Street would be completed this fall. Mr. Richard Wagon- man, 4201W. 70th Street, said that overhead lights were not necessary because most homes had yard lights. people recommend overhead lights as a matter of public safety. The gentleman who lives at 4308 FJ. 70th Street said that it had been his understanding that' Northern States Power would pay for the new lights. The possible use of some existing poles was mentioned and Mr. Dunn said that if the lower wood poles should be used, the cost would be about one-third less, Mr. Richard Siebert, 4804 W. 70th Street and Mr. John Freeman, 4400 W. 70th Street, both urged that Southdale be required to pay for a portion of the cost and that the remainder be taken from General Funds. Johnson's motion was seconded by Councilman Courtney and carried, continuing the hearing to September 9, 1974, so that the Minutes of the Sidewalk Improve- ment S-9 could be checked along with obtaining more information as to types of fixtures available and whether or not some existing poles could be used. He explained that it is.proposed to install 250 watt He called Council's attention An unidentified gentleman in the audience The resident at 4519 W. 70th Mayor Van Valkenburg advised that the public safety Following considerable discussion, Councilman 8/19/74 ORDINANCE NO. 811-A56 GRANTED FIRST READING. sented by Clerk, approved as to form and ordered placed on file. reviewed Ordinance No. 811-A56 which provides for construction of roller skat- ing arena in the Planned Industrial District, stating that the ordinance had been written so that traffic generated by the arena would not conflict with -multiple residence or commercial traffic, with arenas being limited to the Edina Industrial Center or to Washington Avenue areas. Mr. Roy Peterson, requested that Second Reading be waived so that he could start immediate con- struction on his building on the Fjouthwest quadrant of County Road 18 and Valley View Road. passed without Second Reading, whereupon Councilman Courtney offered Ordinance No. 811-A56 for Eirst Reading as follows: Affidavits of Notice were pre- Mr. LGce c Concensus of Council was that the ordinance should not be ORDINANCE NO. 811-A56 AN O~INANCE AMENDING THE ZONING'.-ORDINANCE (NO. 811) BY ADDING ROLLER SKATING AREUAS AS A PERMITTED USE PARKING REQUIREMENTS THEREFOR IN THE PLANNED INDUSTRIAL DISTRICT (PID) AND THE *CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Subparagraph (a) of.Paragraph 3 of Section.10 (Planned Industrial District) of Ordi-nance No. 811-is hereby amended by adding thereto an additional permitted principal use as follows: "(7) Roller Skating arenas, provided that: a. At least one entrance driveway to the site proposed for such use is within 350 feet of the center line of a street which is classizied as a major arterial street; At least one boundary of the site proposed for such use adjoins a Commercial District or a Planned Commercial District, or is within 350 feet of .the boundary of a full-access freeway inter- change ; Not more than one-third of the average daily automobile traffic which is anticipated from the proposed use will be generated . during the same hours, or parts of hours as the automobile traffic peaks which then exist on the same collector streets or major arterial streets to be used by the automobile traffic to be generated by the proposed use; and The gross floor area of the building for the principal use do& not exceed 25,000 square feet. b. c. d. I . The determina_tcon as to whether a street is classified a major arterial street or a collector street shall be made as of the date a building permit is granted for the erection, structural alteration, or conversion of a building on the proposed site for such use." Sec. 2. Subparagraph (d) of paragraph 6 of. Section 10 (Planned Industrial District) of Ordinance No. 811 is hereby amended by adding-thereto the following: "(7) Roller Skating Arenas. One off-street parking space for each 400 . square feet of gross floor area within the building." Sec. 3. This ordinance shall be'3Z full force and effect upon its passage andTGubIication. ORDINANCE NO. 811-A57 GRANTED .EIRS?I READING. sented by Clerk, approved as to form and ordered placed on file. Nr. Luce pre- sented Ordinance No. 811-A57 for First Reading, advising that the proponent has requested property located generally on the Northwest corner of Gleason Road and the Crosstown Highway to be rezoned from R-4 Residentia1.District to PRD-3 Residential District. restriction calling for one four story building (for 88 units) in order to develop a cluster of duplexes to consist of 44 units, which plat, The-Windings, follows this item on the agenda. Councilman Johnson offered Ordinance No; 811-A5Z for First Reading, noting that the proposed zoning has a reduced density over the R-4 Multiple Residential District zoning: Affidavits of Notice were pre- Elr. Luce said that fk-would be necessary to lift a deed ' ORDINANCE NO. 811-A57 AN ORDINANCE AMENDING THE 'ZONILY; ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCXL OF EDINA, MINNESOTA, ORDAINS: . - ... Section 1. 'The extent of the Plahned Residential District (sub-District PRD-3) is That part of the Northeast Quarter of the Northwest Quarfer (NE 1/4 of NU 1/4) and the Northwest Quarter of the Northeast Quarter (NW 1/4 of NE 1/4) of Section Six (6), Township 116, Range 21, described as-follows: on a point in the Vest line of said Northeast Quarter of the Northwest Quarter, distant 814.5 feet North of the Southwest corner of said North- east Quarter of the Northwest Quarter; thence running East and a deflection angle to the right of 92O 20' a distance of 676.3 feet; thence North para$- Paragraph 4 of Section 5 Qf Ordinance No. 811 of the City is enlarged by adding the following thereto: enlarged by fht5'addfkiod:ijf-tEie~ fbllowfng described property: Begikkng - 8/19 /74 0 00 p3 El W i lelwith the West line of said Northeast Quarter of the Northwest Quarter, a distance of 366' feet to a point which is 283.9 feet South of the North line of said Section 6; the actual point of beginning of the tract to be describdd; thence running East on a deflection angle to the right of 92O 20' a distance of 1317.5 feet more or 'less to the center line of the Town Road, also known as Gleasan Road as now laid out and travelled; thence Northeasterly along said center line a distance of 384.7 feet more or less to its intersection with the North line of said Section 6; thence West " along said North line a distance of 1426.3 feet more or less to a point which is distant 628.6 feet East of the Northwest corner of the Northeast Quarter of the Northwest Quarter; thence South parallel with the f?est_ line of said Northeast Quarter of the Northwest Quarter 283.9 feet to the point Beginning at the East Quarter corner of Section 6, Township 116, Range 21, thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6, a distance of 1807.59 feet; thence North 78 degrees, 48 minutes 33 seconds Nest a distance of 1070.37 feet; thence North 81 degrees 13 minutes 33 seconds West a distance of 1031.19 feet; thence North 12 degrees 36 minutes 50 seconds East a distance of 490.0 feet; thence South 77 degrees 23 minutes 10 seconds East a distance of 100.0 feet to the actual point of beginning of the line to be described; thence North 77 degrees 23 minutes 10 seconds West a distance of 180.30 feet; thence along a tangential curve to the left with a radius of 687.96 feet (delta angle 30 degrees 18 minutes 23 seconds, tangent distance 186.31 feet) a distance of 363.89 feet; thence South 72 degreesv18 minutes 27 seconds West along tangent to last described curve a distance of 145.43 feet; thence along a tangential curve to the right witE a radius of 893.93 feet (delta angle 22 degrees 43 minutes, tangent distance 168.72 feet) a distance of 333.02 feet; thence 'North 84 degrees 10 minutes 27 seconds West a distance of 600.0 feet and there terminating. last described curve. Excepting therefrom the Westerly 150 (feet thereof, as measured at right angles to the West line thereof, which is in sub-district PRD-3." Sec. 2. This ordinance shall be in full force and effect upon its passage ' . of beginning. Which lies Northerly of the following described line: Said last described course is not tangent to and publication. THE WINDINGS GKANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented The Windings for preliminary plat approval in connection with the zoning request which was given First Reading as described in the above Ordinance No. 811-A57.' A study model of the plat was presented by Mr. David Kirscht. In response to a question of Mr. @de, Mr. Dunn said that the County and the State have not given a final answer as to their contribution for the road on the North side of the Crosstown Highway. before the plat comes back for final approval. He assured Mr. L..A. DeMee, 6116 Arctic .IJay, that all necessary improvements would be, installed and paid for by the developer and would not be assessed against neighboring prciperties. was pointed but by Councilman Johnson that the cost of the road might be shared by those using the road but that could not be determined *at this time. Mr. Dunn said that he could not hticEpate any necessity 'for an additional storm sewer, but that at some future time another developpent might necessitate another storm sewer. He added that another storm sewer would not be needed because of The Windings. Nr. LeMeg was assured by Mr. Luce that the plan calls for trees that are over three inches in diameter to'be planted adjacent to residential property. In response to Mr. LeMeF's request for a redwood fence, Mr. Hyde said that this , had never beer; required before and that the City had not had good experience with redwood'fences in other areas. screening has been required at times between commercial activities and residential areas 'but that it has never been required between residential areas. Johnson then offered the following resolution and moved its adoption: I He said that this should be resolved It Councilman Johnson clarified that this type of Councilman - ' RESOLUTION APPROVLNG PRELIMINARY PLAT OF THE WINDINGS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat encitled "The Winding$', presented for approval by the Edina City Council on August 19, 1974, and platted by Partnership Investments, Inc., be and is hereby granted Preliminary Plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was then adopted. 8/19/74 HYDE PARK 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and orderedplaced on file. Mr. Luce presented Hyde Park 2nd Addition for Preliminary Plat approval as recom- mended by the Planning Commission. urged approval and agreed to the conditions set forth by the Planning Cokis- sion as follows: 1. 2. 3. An approved Developer’s Agreement; (;oun%iimanz Jo~sofiltbZrOuiion -6ffered fiHeif&llowing.l~eaa~~~~on ?granting ,:Prelim: inary Plat approval for Hyde Park 2nd Addition and moved its adoption: Mr. Ed Johnston, one of the developers, Deeds for Outlo’ts A and B for storm sewer purposes; Extension of the Hyde Park Lane right-of-way to the East property line to provide access to the ponding areas for maintenance vehicles; I RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO HYDE PARK 2ND ADDITION BE IT RESOLVED by the Edina City Council that the plat entitled “Hyde Park 2nd Additionrt, presented by W. Edward Johnston and Melvin Astleford, and presented €or preliminarjr pla_t:approval at the Edina City Council Meeting of Augnst 19, 1974, be and is hereby granted Preliminary Plat Approval, subject I to conditions set forth by the Edina Planning Corkission at its meeting of July 31, 1974. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and- on rollcall there wefe five ayes and no nays and the resolution was adopted. CALHOUN REALTY APPEAL’OF BOARD OF APPEALS AND ADJUSTMENTS DECISION CONTINUED TO SEPTEMBER 9, 1974. Affidavits of Notice were presented by Clerk, approved as to form and ordered pladed on file. houn Realty Company had applied for a permit to install a freestanding sign at the Ndrtheast comer of its propdrty at 7100 France Avenue S., the Planning ‘ Department explained fully all requirements as Set forth by the Sign Ordinance, including the fact that the sign would have to “have a minimum 19 foot setback from the curb. A copy of the sign permit, noting the setback requirement and the property line location, was mailed to the sign owner and the erector, and the erectdr was again notified verbally of the property line and the setback locations prior to installation of the sign. llr. Lewis E. Lohmann; attorney for Calhoun Realty Company explained that his company is appealing the Board of Appeals and Adjustments denial of the seven foot sehback variance. He pre- sented a picture of the sign arid a petition signed by approximately 100 persons who were employees, members and operators of businesses in the immediate vic- inity of the Calhoun Realty, which petition requested that the sign be allowed to stand as located for the following reasons: 1) That the sign is not a nuisance; and is not detrimental to the public health and welfare of the City of Edina or the immediate vicinity; movement of traffic nor does it interfere with traffic in any manner; the sign does nat detract from the aesthetic values; 5) That ehe sign does not Tnterfere with visibility; in the vicinity’or zoning district; and 7:) That the sign is a distinct contfibu- tion to the community, and that each of the petitioners state that the sign is useful and convenient to them. Mr. Luce recalled that the Board of Appeals and Adjustments had denied the variance request for the following reasons: 1) Any hardship is self-imposed; 3) There is no substantial property right to preserve; sents a detriment to public welfare. Mr. Lewis E. Lohmann, attdrney’for Calhoun Realty Company, said that the sign was not improperly installed deliberately and that it would cost”between $600 and $700 to move the sign. Mr. Lohmann- recalled that on the vote of the Board of Appeals and Adjustments, ME: Clark Miller was. a Sales Manager for Bermel-Smaby and ‘Mr. Shaw had abstained from vot- ing. Lohmann had had other business dealings recently. He clarified that Mr. Lohmann had not attempted to pressure him in this matter. Mr. Sand said that the sign company had refused to accept any responsibility. Following considerable dis- cussion, Councilman Johnson’s motion was seconded by Councilman Shaw and carried that the matter be continued to September 9, 1974, so that Mr. Gendreau of Calhoun Realty and a..repr@senDa$&v=r;ie of ttie sign company could be in attendance to clarify the responsibility for installation of the sign-in violation of the ordinance. Mr. Luce recalled that at the time the Cal- 2) That the sign does not constitute a-safety hazard to the public 3) ThatZthe sign does not interfere with the. free 4) That 6) That the sign is not injurious to the property 2) Circumstances are not unique to this property; 4) The precident repre- Councilman Shaw explained that he had abstained because he“ and.Mr. OILING PETITION FOR PARNELL AVENUE FROM 17. 62ND ST6 TO TJ. 63RD STREET was pre- sented and referred to the Department of Public Vorks for processing. * Mayor Van Valkenburg left the meeting at this point. assumed the Chair. Mayor Pro Tem Courtney 8/19/74 233 CAMELBACK DRIVE EXTENSION FEASIBILITY TO BE EXPLORED. was called to two petitions signed by families.who lived along the ''Traf'fic Council ' s attention E- o 00 a w w Corridor" of Parkwood Knolls. requesting the. road blocks be replaced until additional exits and entrances can be established. .Twenty-seven families signed the petition requesting a moratorium on building construction until additional entrances and exits can be established. Dr. Lloyd E. Pearson and Mr. Lloyd G. Cherne reviewed the history of the-traffic problems in Western Edina and the actions taken by the City over the past two years, and reqcested that some immediate action be taken in compliance with the petitions. Mr. Erickson reviewed his opinion ' which he had given at irevious meetings that before the City opens a road, it should be determined if the City has any rights to that road which might be eEfected by any action-at this time. He said that the City should obtain a Lleclatory Judgment from the Court as to whether or not we have a park dedica- tion and if we do have a park dedication, whether or not we can open a road that previously existed or that we now want to open. He clarified that with- out Court action, nothing should be done.on the Walnut Drive access. Erickson added thit it would be even more difficult to obtain permission to cross IIUD properties and that it would be necessary to obtain permission from the Chapel'Hills Church in order to construct the alternate road thru the park. In reply to a question of Councilman Courtney, Mr. Erickson said that morator- iums are frowned upon by the Courts. have to be for a limited period of time and for a special purpose. erated that his opinion is-that a8 the present time no road could be put thru the park and he would not advise putting a road thru from Londonderry Road to Walnut DriGe because of the unsettled status of the title. Oliver, 6620 Parkwood Road, suggested that residents in his area could go South on Blake Road and out on Olinger Blvd. as soon as Olinger construction is completed. Councilman Johnson's motion commencing appropriate legal procedings to establish Southern accesses to Vernon Avenue and that such procedings be expedited died for lack of a second. Councilwoman Schmidt then moved that any action should be deferred until results of the Olinger Road connection are known after it is open for traffic. Following considerable discussion, Mr. Cherne suggested the possibility of extending Camelback Drive South to Gleason Road. Councilman Johnson's motion was then seconded by Councilman Shaw and carried that the Engineering Depart- ment explore the feasibility of the extension of Camelback Drive to Gleason Road. THOMAS V. LYNCH APPEAL OF DECISION OF BOARD OF APPEALS AND ADJUSTMENTSHEARING DATE SET. Motion of Councilwoman Schmidt was .seconded by Councilman Shaw and carried setting*September 16, 1974, for a hearing date of the Board of Appeals 'and Adjustments Yegarding his back yard variance request for property located at 5801 Bernard Place. Thirty-three families signed the petition Mr. He clarified that any moratorium would He reit- Mr. Victor This motion died for lack of a second. TRACY AVENUE SIDEWALK REQUESTS CONTINUED. Council's attention was called to a letter from M. Don Belke and a petition signed by some twenty-four ZesEdants in the Countryside School area for the immediate installation of sidewalk on Tracy A-nue.. the recommendations of the Countryside School P.T.A. and the School Board by motion of Councilman Johnson,. seconded by Councilman Shaw and carried. The requests for action was continued until Council receives ROBERT G, GISSELBECK INTENTION TO APPEAL BOARD OF APPEALS AND ADJUSTMENTS DECISION NOTED. Council's attention was called to a letter from Mr. Gregory D. Gustafson, attorney for Mr. and Mrs. Robert G. Gisselbeck, opposing the variance granted Mr. Robert DeBray for a variance on his property at 4502 Browndale Ave. and advising that'a formal appeal will be submitted as soon as the Gisselbeckk return from out of town. ing Mr. and Mrs. Robert DeBray, urged that the hearing date be set for the earliest possible time inasmuch as construction had already begun on his house. Councilman Johnson then moved that Mr. Erickson get in touch with Mr. Gustafson and have the appeal perfected as soon as possible, hopefuliy by September 16, 1974, and that upon receipt of the appeal, the hearing be set as soon as possible. Motion was seconded by Councilwoman Schmidt and carried. Mr. Erickson recalled that a permit had erronkously been issued for ehe contd finatba'n of,som&hfag other than a greenhouse area and a stop order had been issued. He said that some limited work could be done which would protect the improvement but that this work would have to be done at the peril of the DeBrays. eling of the kitchen which did not require the variance if a new permit is obtained. Concensus of Council was that no charge should be made for the new Building Permit and that an appropriate ordinance could be adopted which would eliminate any additional cost. Mr. William Messerli, represent- Mr, DeBrey was told that he could do any work such as the remod- 8/19/74 2IETROPOZITAN TRANSIT COMMISSION ROUTE 36 REVISED. he had just attended a meeting of the Operations and Regulations Committee of Mr. Hyde advised Council that the Met;opolitan Transit Commission at which the Committee decided to recommend to the full Commission that Bus Route 36 which has been running on Wooddale Ave. through the Country Club be re-routed to Brookside Ave. as recommended by Council at its meeting of August 5, 1974. NORTHEAST EDINA WATER STUDY CONTINUED. Johnson' s motion was seconded by Councilwoman Schmidt and carried, continuing the Northeast Edina Vater Study'to September 9, 1974. EDEN PRAIRIE STREET AND UTILITY AGREEMENTS CONTINUED. As recommended by Mr. Dunn, Councilman Shaw's motion was seconded by Councilman Johnson and carried continuing the matter of Eden Prairie Street and Utility Agreements to Sept- ember 9, 1974. As recommended by Mk;-.Duun, Councilman I LEONARD 'FELLMAN 'COMMISSIONED TO DESIGN CITY LOGO Ab SEAL. advised Council that the Historical Society had unanimously approved the 2og6 and seal designed by the City of Edina by Mr. Leonard J. Fellman. Councilwoman Schm5dh's motion was then seconded by' Councilman Shaw and carried approving the design of the logo and seal. Councilwoman Schmidt then offered the following resolution and moved its adoption: Councilwoman Schmidt REXOLUTION BE IT RESOLVED that Leonard J. Fellman be and-is hereby commissioned to design the City Logo and Seal for the City of Edina at a cost of $1,000. Motion for adoptidn of the resolution was seconded by Councilman Johnson and on rollcall there were four ayes and no nays and the resolution was adopted. SOUTHDALE BOWL LICENSES CONTINUED TO SEPTEMBER 9, 1974. the Prosecuting Attorney had reported that the Southdale Bowl matter has been- continued for six months with the understanding that, if there are no more sub- stantialviolations of a similar type, the charge against both defendantk will be dismissed. Upon.being advised by-Mr. Erickson that the Counc$.l could still suspend or revoke the licenses of the*Southdale Bowl, not withstanding the CouriZ's decision. .Following some discussion, Councilman Shawl s motion was sec- onded by Councilwoman Schmidt and carried that the City Attorney talk to Mr. Austin for his recommendations as to what further action should be taken against Southdale Bowl. VIUIAM A. KOETZ NOTICE OF CLAIM NOTED. - Notice of Claim in the amount of $1,054.85 which was submitted by Nr. William A. Koetz for damage to personal property resulting from a sewer backup affecting several homes on June 6, 1974. The matter has been referred to the insurance company and to the City Attorney. Mr. Hydeeadvised that . Councilman Johnson abstained from voting on the matter. Council was advised of receipt of a WALTER MCLAUGHLIN ShT NOTED. Complaint filed.by Valter McLaughlin in the amount of $6,000 for injurtes allegedly suffered 'in a fall in the 50th Street Liquor Store on February 1, 1974. Attorney. LAWRENCE RIXE APPOINTED ALTERNATE MEEBER OF BOARD OF Al?PEALS.AND ADJUSTNENTS. Councilman Johnson's motion was seconded by Councilwoman Schmidt afid carried, confirming the telephone poll of Council appointing BIr. Latmence J. Rixe as an + alternate Member at Large on the Board of Appeals and Adjustments. GRANDVIEW LIQUOR STORE BIDS AUTHORIZED FOR INTERIOR PLANS. Mr. Hyde, Councilman Johnsofi's motion was seconded by Councilman Shaw and car- ried, approving taking bids for interior plans for the Grandview Liquor Store. DEAN $1. AKINS ORDINANCE COBPLIANCE BEING DISCUSSED: CONPLIANCE EXPECTED BY SEPTEXBER I, 1974; stood the terms of Ordinance No. 611 and that he will come in with plans for compliance by September 1, 1974. Couhcil was advised of receipt of a Summons and The matter has been referred to the insurance company and to the City .. As recommended by Hr. Hyde advised Council that Mr. Dean Akins had misunder- . HOUSING INSPECTION OF USED HOUSES TABLED. As recommended by Mr. Hyde, Council'- man Johnson's motion was seconded by Councilwoman Schmidt and carried, tabling consideration of an ordinance which would call for inspection of used houses. In reply to a question of Councilwoman Schmidt, Mr. Erickson said that the City does have some control over roofing and siding contractors. with the Building Department and advise Council hod these repairs are handled. Mr. Hyde will check . 8/19/74 CKJ m TWFIC SAFETY COMMITTEE MINUTES OF AUGUST 13, 1974, APPROVED. Councilman Shawls motion was seconded by Councilman Johnson and carried, approving the Traffic Safety Committee' Minutes of August 13, 19&74. AFFIRMATIVE ACTION POLICY ADOPTED. Mr, Hydh presented an Affirmative Action Employment Policy which Mr. West has worked out in accordance with federal legislation, regulations and court decisions. Mr. Hyde stressed the import- ance of the adoption of such a Policy if the City is to apply for any federal grants, including Revenue Sharing. Councilman Johnson raised the question of whether or not the Policy should be reviewed by the Human Relations Commission. Following considerable discussion, Councilman Shaw offered the following resolu- tion and moved its adoption, with the understanding that no person be hired to implement the policy and with the understanding that the Policy be submitted to the Human Relations Commission for its information: WHERZAS, it has been the policy of the City of Edina to provide equality of opportunity in employment to all persons; and WHEREAS, this statement is to reaffirm the City's position that it will not dis- criminate against persons on account'of race, color, religion, national origin, place of residence, political affiliation, disability, marital status, status with regard to public assistance, sex or'age in all aspects of its personnel policies, programs, practices and operations; and WJlEREAS, this policy shall apply to all phases of employment including, but not limited to, recruitment, hiring, placement, promotion, demotion, transfers, layoff, recall, or termination; rates of pay or other forms of compensation, City-sponsored employee activities; and WHEREAS, it shall be the responsibility of all department heads and supervisory personnel to administer this policy with a positive and supportive attitude; and WHEREAS, failure of any employee to perform in a manner consistent with this policy will constitute grounds for disciplinary action under City Ordinance No. 121, including, but not limited to reprimand, suspension, demotion or dismissal; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby adopt the Affirmative Action Policy on file in the office of the City Clerk . Notion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. RESOLUTION ' selection for training; the ase of all facilities and participation in all AGLITE FOR BREDESEN PARK BICYCLE PATHS APPROVED. As recommended by Mr. Rosland, Councilwoman Schmidt's motion was seconded by Councilman Johnson and carried, approving purchase of Aglite for Bredesen Park bicycle paths from North Central Light Weight Concrete for a cost of $1,494.35. NEW HEATING SYSTEM FOR BRAEMAR CLUBHOUSE APPROVED. As recommended by Mr. Hyde, Councilman Johnson's motion was seconded by Councilwoman Schmidt and carried for purchase of a new heating system for Braemar Clubhouse, low bidder being Vogt Company at $4,884.00. ing at $7,600.00 and from Centraire at $8,384.00. Councilman Shaw abstained from voting. Other bids received were from Allen Air Condition- BOARD OF APPEALS AND ADJUSTMENTS ORDINANCE TO BE CONSIDERED. Erickson advised that Mayor Van Valkenburg had asked that he request authority to draft an ordinance which would revise the make-up of the Board of Appeals and Adjustments so that it would consist of any three persons from a pool of per- sonnel comprised of the Council, the Planning Commission and designated citizens. In that way, any three people from those three groups could serve as a Board of Appeals and Adjustments at any given instance. Councilman Johnson suggested that the ordinance should also be amended to include granting auth- ority to Council to waive any time periods for filing of appeals to decisions of the Board of Appeals and Adjustments at its discretion. Motion of Councilman Shaw was then seconded by Councilman Johnson and carried, directing the City Attorney to draft such an ordinance for future consideration. 1974 SALARY ADJUSTMENT AUTHORIZED FOR METER READERS IN WATER DEPARTMENT. As recommended by Er. Hyde;ICouncilman Johnson offered the following resolution and moved its adoption establishing a salaray adjustment for meter readers in- asmuch as they are not covered by the Local No. 49 contract and should have had a salary adjustment at the first of the year along with other unorganized employees: City Attorney RESOLUTION BE IT RESOLVED th%t the maximum wage rate for meter readers of the Edina 17ater Department for the year 1974 be established at $391.20 bi-weekly (847.60 monthly) to reflect an hourly rate of $4,89. Motion for adopt.&on of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. , 8/19/74 CLAIMS PAID. carried for payment of the following claims as per pre-list: $83,485.76; Construction Fund, $290,224#46; Earks, $46,704.89; 'Water Fund, $9,071.35; Liquor Fund, $215,125.37; Sewer Fund, $1,630.10; Total, $649,241.93. No further business appearing, Councilwoman Schmidt's motion for adjournment was seconded by Councilman Johnson and carried. Motion of Councilman Shaw was seconded by Councilman Johnson and General Fund, Adjournment at 11:20 p.m, .* City Clerk a