HomeMy WebLinkAbout19741007_regularMNUTES OF THE EGULAR BEETING OF THE
OCTOBER 7, 1974
EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY,
Aiiswering EdllcaZi were Council members Courtney, Johnson, Schmidt , Shaw and
Mayor Van Valkenburg.
+* HINTICES of September 9 and 16 and of the Special Meetings of September 12, 19
and 26, 1974, were approved as submitted by motion of Councilman Shaw, seconded
by Councilman Courtney and carried.
I PUBLIC HEARINGS CONDUCTED ON VARIOUS INPROVENENT ASSESSMENTS. Affidavits of
Notice were presented by Clerk, approved as to form and ordered placed on file.
Mr. Hyde recalled that many of the improvements had been approved and constructed
some time ago for the Grandview Area and that they had not been brought for assess-
ment before because the City had not received the final cost for the work done by
the County. He added that, while additional improvements were contemplated orig-
inally, none of these improvements are planned for the forseeable future. Public
hearings were then conducted and action taken as hereinafter recorded.
A. STREET IBPROVEMENT NO. BA-173 IN THE FOLLOWCNG:
County Road 158 (Vernon Avenue) from Gleason Road to 100 feet East of
Villa Nay
Mr. Hyde presented Analysis of Assessment showing total assessable cost of
$49,777.56, proposed to be assessed against 10,284.62 feet at $4.84 per assess-
able foot against estimated assessment of $4.09 per assessable foot. Mr. 11. G.
Granger,-5533 Vernon Avenue, said that he had never received notice of the improve-
ment hearing and that he had been told by a Mr. Mike.Stoner of the Highway Depart-
ment $hat there would be no cost to them for the- improvement.
Granger that his name was on the mailing list for the improvement hearing and
that he was not aware of a Mr. Stoner working for the Highway Department.
Eyde read from the minutes of the improvement hearing which indicated that a
number of property oviners had been in kttendance.
it is important to note at Mr. Stoner's comments were not made by a City
employee and told lir. Granger that he could make a claim against the County if
he so desired. Nr. Dunn advised Nr. Granger that he had corrected the footage
on his assessment.
authorizing the assessment was seconded by Councilman Courtney and carried.
(See Resolution Ordering Assessment later in Minutes.) Later in the meeting,
Mrs. Barbara Willey, 5521 Doncaster Way, was told by Nr. Dunn that the policy
of the City for assessment of corner lots called for full assessment of the front
footage, plus 1/3 of the side dimension and that the remaining 2/3 shall be
assumed and paid for by all the lots in the improvement area, including the
corner lot.
for any assessment for its improvement and that properties are only being as-
sessed a very small portion of the total cost.
too many heavy trucks are using Vernon Avenue and requested that trucks be
forced to use the Crosstown Highway or T.H. 100. Mrs. Willey was told that she
could talk to the County Commissioners if she wished, but that Council can do
nothing to reduce traffic on a road that was designed for trucks.
B. STREET IMPROVEIBNT NO. E-19 IN THE FOUOIENG:
llr. Hyde told Nr.
tlr.
Councilman Johnson said that
No further comments being .heard, Councilman Johnson's motion
Mr. Hyde added that Vernon Avenue property owners have never paid
lifrs. 17illey then objected that
fi.7~. 169-212 thru its intersection with Interlachen Blvd. and Brookside
Ave. with construction of a temporary connection on Hwy. 169-212 from
Interlachen Blvd. to Summit Ave.
Brookside Ave. connection from Rutledge Ave. and West 49th Street to
Interlachen Blvd.
Link Road from Eden Avenue to Hwy. 169-212
Hr. Hyde presented Analysis of Assessment shoving total assessablezcost-of - .
$68,653.39, proposed to be assessed against 690,817 square feet at $0.09938
per assessable square foot against estimated assessment of $0.07089 per assess-
able square foot. Of-the tot21 construction cost of $167,822.42, $102,410.01
has been paid from State and County Eunds.
said that he had been under the impression that this improvement was to be paid
totally by the County and asked that the assessment be extended over a period
of 20 years,
over 20 years was seconded by Councilman Johnson and carried.
Ordering Assessment later in Ninutes .)
C. STREET IMPROVEMENT NO. BA-100 IN THE FOUOT.TING:
East Frontage Road Highway 169-212 from Link Road 364 feet North
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$27,818.32, proposed to be assessed against 109,867 square feet at $0.2532 per
assessable square foot against estimated assessment of $0.14556 per assessable
square foot. llr. Jerry Paulson of Jerry's Foods said that he objected stren-
uously to the assessment, stating that the road only hampers traffic into his
lir. Jerry Paulson of Jerry's Foods .
Councilman Shaw!s motion authorizing the assessment to be paid
(See Resolution
10/7/74
parking lot and that there 3s now more congestion than before the construction
of the street.
project had been completed as originally planned and that he has had no benefit
from the improvement as the road now exists.
enting the Fred Watson Company, Mr. Hyde recalled that Mr. Watson did not own
the land when the’project originally came to hearing and that the road was on
the plat for the car wash and Mr. Steak. Mr, Hyde also recalled that the Stand-
ard station was not supposed to have an entrance on to.the mad in the original.
Councilman Johnson’s motion was then seconded hy Councilman Shaw and carried,
continuing the assessment until the benefits of the road can be reexamined.
Property owners were told that new notices would be sent out.
Mr. Paulson said that there might have been some value if the
In response to a gentleman repres-
D. STORM SEVER IBPROVEMJ9IT NO, ST.S.093 IN THE FOLLOWING:
Interlachen Blvd. from Highway 169-212 to outfall between Hankerson Avenue
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$12,102.20, with $10,805.54 being paid by Hennepin County and State Aid Funds.
Total assessable cost was given at $1,377.41, proposed to be assessed against
69,496 square feet at $0.01982 per assessable square foot against estimated
assessment of $0.0428 per assessable square foot.
none had been received prior thereto.
assessment was then seconded by Councilman Courtney and carried.
Ordering Assessment later in Minutes .)
E. STOEW SEWER IBPROVEMENT NO. ST.S.-94 IN THE FOLLOWING:
and Summit Avenue .
No objections were heard and
Councilman Johnson’s motion ordering the
(See Resolution
Vernon Avenue (U,S. Hwy. 169-212) from West 53rd Street to 300 feet North
of Vest 52nd Street
Mr. Hyde presented,Analysis of Assessment showing total cost at $14,952.00.
explained that $9,086-68 was paid by the State Highway Department, leaving a
balance of $6,183.23 proposed to be assessed against 635,481.1 assessable square
feet at $0.00973 per square foot.
improvement hearing at $0.00986 per square foot, Nr. M. F. Huiras, 5025 Hank-
erson Ave., was rold that he would be assessed for ,ST.S.-94 only and not for
ST.S.-93.
seconded by Councilman Courtney and carried.
ment later in Minutes .)
F. 1974 STREET OILING IN TJB FOLLOWING: .
Parnell Avenue from West 62nd Street to West 63rd Street
Mr. Hyde presented Analysis of Assessment showing total construction cost at
$641.80, proposed to be assessed against 1,210 assessable feet at 53C per foot.
No objections were heard and none had been .received. prior thereto.
Johnson thereupon offered tk following resolution and moved its adoption:
He
Estimated assessment had been given at the
Councilman Johnson’s motion authorizing the assessment was then
(See Resolution Ordering Assess-
Cpuncilman
RESOLUTION ADOPTING AND CONFIDIING
SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF
STREET IMPROVEMENTS NOS. BA- 173, E-”19 , BA- 100 ,
STORX SEWER IMPROVEMENTS NOS. ST.S.-93 AND ST.S.-94
1974 OILING
BE IT RESOLVZD by the City Council of the City of Edina, MinneSota, as follows:
assessment rolls for the improvements hereinafter referred to, and at such
hearing held on October 7, 1974, has considered all oral and written objections
presented against the levy of such assessments.
the assessments as set forth in the assessment rolls on file in the office of
the City Clerk for Street Improvements Nos. EA-173, E-19, BA-100, Storm Sewer
Improvements Nos. ST.S.-93 and ST.S.-94 and 1974 Oiling does not exceed the
local benefits conferred by said improvements upon the lot, tract or parcel of
land so assessed, and all of said assessments are hereby adopted and confirmed
as the proper assessments on account of said respective improvements to be
spread against the benefited lois, parcels and tracts of land described therein.
period of twenty years rather than ten years as originally proposed.
installment to be payable Beth the general tayes for the year 1974, and all
unpaid installments shall bear ikerest at the rate of 5% per annum on the entire
assessment from the date hereof to December 31, 1975. The number of such annual
installments shall be as follows:
1. The City has given notice of hearings as required by law on the proposed
2. Subject to the amendment made in paragraph 3 of this resolution, each of
3.
4.
Said assessment of Street Improvement No. E-19 shall be payable over a
The assessments shall be payable in equal annual installments, the first
Street Improvement No. BA-173 10 Installments
Street Improvement No. E-19 20 Installments
Sturm Sewer Improvement No. ST. S . -93 10 Installments
Storm Sewer Improvement No. ST , S . -94 10 Installments
1974 Oiling 1 Installment
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-
10 /7 / 7 4
5. The Clerlc s..al also mail notice of any special assessments which may
be 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.
Hotion for adoption of the mesolatxion* was seconded by Councilman Courtney
and on rollcall there were five ayes and no nays and the resolution was adopted.
ORDINANCE NO. 811-A57 SECOND READING (THE NINDINGS) CONTINUED TO OCTOBER 21,
1974. As recommended by Mr. Luce, second reading of Ordinance No. 811-A57 was
continued to October 21, 1974, by motion of Councilman Shaw, seconded by Council-
woman Schmidt and carried. .*
ORDINANCE NO. 811-A!54 GRANTED SECOND READING. Mr. Luce presented Ordinance No.
811-A54 for Second Reading, First Reading and concept approval for which had
.been granted by Council on Nay 20, 1974. Mr. Luce recalled that thisamatter
had been continued from October -16,=1974, for further study of the request of
Metram Properties Company for PRD-3 Planned Residential District zoning for
the property generally located South of 17. 70th Street, Eastkof Nine Mile Creek
(5105 I?. 70th Street),
the timing ofathe proposed construction until permanent access to the site is
completed.
posed zoning-but believed that the construction of the apartment is premature
because of the heavy traffic which exists all during theaday at 70th and T.H.
100.
the summer and did not believe that traffic problems were excessive,
onio Bernardi said that the sixty unit structure is proposed to be started in
the spring of 1975 and expected to be ready for occupancy by the end of that
year. Nr. Luce said that the development would generate 450 trips*per day and
reviewed means of access to the property.
is much more desirable than if the two pieces of property were to be developed
separately and that the development conforms to tlie criteria which has been
established for the Western EdinaSPlan.
that construction of the T.H. 100/1?. 70th Street interchange would commence dur-
ing the first quarter of 1976, Eonncilwoman Schmidt said that she had been told
that a shortage of funds might cause the fuikber delay of the highway construc-
tion.
&ion ~ andion -the:- ~nstallai.ibn-:af.:-leYt, titm p€iases--for-:East -and*+nese bound. foth-st.
traffic.
request as recommended by Councilwoman Schmidt. Nrs. Fuhr was told by Nr. Luce
that the project has been approved by the Nine Mile Creek Watershed District
and reviewed by the Environmental Quality Commission. Following considerable
discussion, Councilman Johnson offered the following resolution and moved its adoption : a. .*
Mr. Luce Tecalled that Councilwoman Schmidt questioned
Councilwoman Schmidt clarified that she had no objection to the pro-
Councilman Courtney said that he had passed the intersection often during
Mr. Ant-
He addedhthat the single development
In response to Mr. Dunn's statement
I Discussion ensued Qn loa~~ng,.~und's'.to~fhe.:St~te-€or E~t~rchange=construc-
Mrs. Alison Fuhr, 6609 Brittany Road, urged delay in the zoning
RESOLUTION
BHEREAS, continued development in the area of T.H. 100 at I?, 70th Street
required early construction of the proposed interchange at that location; and
WHEFWIS, construction of this interchange is now apparently scheduled by the
Minnesota Department of Highways in 1976; and
WHEREAS, if the interchange at T.H. 100 and I?. 70th Street cannot be built in
1976 as now scheduled; Edina would take action to expedite this construction;
NOW, THEREFORZ, BE IT RESOLVED that the City of Edina would be willing to enter
into negotiations to.advance funds to the Minnesota State Highway Department in
order to accomplish the construction of the fnterchange as soon as possible; and
BE IT FURTHER RESOLIED that the Edina City Council urge that the Minnesota High-
way Department'Lnstall left turn phases for East and West bound W. 70th Street
traffic and that they act with due expediency.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were Eve ayes and no nays and the resolution was adopted.
Councilman Courtney then offered Ordinance No, 811-A54 for Second Reading and
moved its adoption as follows:
'
ORDINANCE NO. 811-A54
AN ORDINANCE AMENDING THE ZONIEG ORDINANCE (NO. 811)
BY ADDIN6 TO THE PLANNED RESIDENTIAL DISTRICT (PRD-32
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
hereby amended by adding the following thereto:
enlarged by the addition of the following property:
Section 1.
'The extent of the Planned Residential District (Sub-District PRD-3) is
Lot 15, Block 1, Edina Interchange Center Third Addition, as filed and
of record in and for Hennepin County, Ninnesota; AND that part of Govern-
ment Lot 1, Section 9, Township 116, Range 21West, Hennepin County,
Paragraph 4 of Section 5 of Ordinance No. 811 of the City is
10/7/74 259
w A a
I
Minnesota, described as follows: Beginning at a point in the center line
of Vest 70th Street as traveled, said point being 1068.76 feet West of
the East line of said Government Lot 1 and measured at right angles
thereto; .thence South along a line parallel with the East line of said
Section 9 a distance of 762.65 feet; more or less, to the North line
of the South 10 rods of said Government Lot 1; thence East along said
North line of South ten rods a distance of 167.46 feet, more or less to
the Vest line of the East 20 acres of that part of said Government Lot
1 lying South of Vest 70th Street and North of the South ten rods
thereof; thence North along the Vest line of said East 20 acres a
distance of 817.37 feet, more or less, to the center of said West
70th Street as traveled; thence S.71~ along said center line 173.8 feet,
more or less, to the point of beginning; thereinafter known as Tract "A";
EXCEPT that part of said Tract y'A't which lies Easterly of a line run
parallel with and distang 35 feet Westerly of Line 1 described below:
Line 1. From a point on the East and West quarter line of Section 31,
Township 28 North, Range 24 West, distant: 3.68 feet East of the West
quarter corner thereof, run Northerly at an angle of 91 degrees 47
minutes 32 seconds from said East and West quarter line (measured from
East to North) for 392 feet; thence delflect to the left at an angle of
90 degrees 00 minutes 00 seconds for 216.82 feet; thence deflect to
the right at an angle of 89 degrees 40 minutes 03.5 seconds for 625.66
feet to the point of beginning of Line 1 to be described; thence
deflect to the left on as-curve having a radius of 272.84 feet (delta
angle 66 degrees 40 minutes 31 seconds) for 317.5 feet; thence on
tangent to said curve for 381.85 feet; thence deflect to the right on
a curve having a radius of 150.78 feet (delta angle 68 degrees 45
minutes 47 seconds) for 180.96 feet; thence on tangent to said curve for
891.39 feet and there terminating; EXCEPT THAT part of Tract A herein-
before described adjoining and Westerly of the above described strip
which lies Northerly of Line 2 described below: Line 2. Beginning at
the point of intersection of the TJest 1ine.of Tract A hereinbefore
described with a line run WesterXy at righi angles with Line 1 des-
cribed above from a point thereon distant 250 feet Southerly of its
point of termination; thence run Southeasterly to a point distant 90
feet Westerly (measured at right angles) of a point on said Line 1
distant 300 feet Southerly of its point of termination and there terminat-
ing; Subject to the following described strips for highway purposes , which
right shall cease on December 1, 1976, or on such earlier date upon which
the Commissioner of Highways determines by formal order that it is no
longer needed for highway purposes; Strip being that part of Tract A
hereinbefore described
before described, which lies Easterly of a line' run parallel with and
distant 60 feet Westerly of the following described line:
the point of termination of Line 1 described above; thence run Southerly
on said Line 1 for 891.39 feet; continue Southerly on the last described
course for 100 feet and there terminating; A strip being that part of
Tract A hereinbefore described adjoining and Westerly of the last above
described strip which lies Easterly of the following described line:
Beginning at a point on Line 1 described above distant 650 feet Southerly
of its point of termination; thence run Westerly at right angles to said
Line 1 for 90 feet; thence run Northerly parallel with said Line 1 for
250 feet; thence run Northeasterly to a point distant 60 feet Westerly
(measured at right angles) of a point on said Line 1 distant 350 feet
Southerly of its point of termination and there terminating; a strip being
that part of Tract A hereinbefore described lying Westerly of a line run
parallel with and distant 60 feet Vesterly of Line 1 described above and
within a distance of 15 feet Southwesterly of Line 2 described above.
Sec. 2. This ordinance shall be in full force and effect upon its pass-
adjoining and Westerly of the right of way herein-
Beginn'ing at
1
age and publication.
Motion for adoption of the ordinance was seconded by Councilman ifohnson and on
rollcall there were four ayes, with Councilwoman Schmidt voting Nay and the
ordinance was adopted.
because they thought that it would be arbitrary to withhold concent and because
they thought that 450 trips per day was only a dr t when compared
Members voting rsayerr said that they were doing so'
ATTEST:
10/7/74
ORDINANCE NO. 811458 GRANTED FIRST EADING.
sented $$:Clerk, approved as to form and ordered placed on file.
attention was called to two drafts of Ordinance No. 811-A58 and following some
discussion, Councilman Courtney offered Ordinance No. 811-A58 got- First Reading
Affidavits of Notice were pre-
Council's
-. .. as follows : . L I t. - .. -1 ..
ORDINANCE NO. 811-A 58
AN ORDIhANCE &ENDING THE ZONING ORDINANCE
(NO. 811) by providing for the membership
OF THE BOARD OF APPEALS AND ADJUSTMENTS,
INCREASING THE FEE FOR VARIANCE PETITIONS,
AND SHORTENING THE TIME FOR APPEAL FROtl A
DECISION OF THE BOARD OF APPEALS AND ADJUSTMENTS
THE CITY COUNCIL OF THE CITY OF EDINA, EIINNESOTA, ORDAINS:
Section 1.
graph (b) of paragraph 6 of Section 12 or Ordinance No. 811 is hereby amended
to read as f0110wS:
Organization of Board of Appeals and Adjustments.
Organization of the Board of Appeals and Adjustments. Subpara-
"(b) established a separate Board of Appeals and Adjustments of the City which
shall consist of three persons.
one shall be a member of the Planning Commission and one shall be a citi-
zen of the City appointed by' the Mayor with the consent of the majority of
the members of the City Council. The Planning Commission member shall be
deemed to be the representative of the Planning Commission for purposes of
review and report by the Planning Commission as required by Minnesota
Statutes Section 462.354, subdivision 2.
make as many citizen appoints as they think necessary.
serve without compensation, but shall 'be entitled to reimbursement for
expenses incurred in performing their dut'ies. The City Council member
shall be the Chairman.
need not, be a member of the Board.
the Planning Department of the City."
Sec. 2. Fee for Variance Petitions.
There is hereby
One shall be a member of the City Council,
The Mayor and City Council may
All members shall
The members shall appoint a secretary who'may, but
Staff services shall be furnished by
Subparagraph (d) of paragraph 6 of
Section 12 of Ordinance No. (111 is hereby amended by changing the fee for vari-
ance petitions to $50.00.
Sec. 3. Appeals from Decisions of the Board of Appeals and Adiustments.
The last sentence of subparagraph (f) of paragraph 6 of Section 12 of Ordinance
No. 811 is hereby amended to read as follows:
?The appellant or petitioner, or administrative official whose order or
determination was appealed to the Board, or any owner to whom notice of
the hearing is required to be mailed pursuant to this paragraph, may
within 10 days file with the City Clerk an appeal to the Council from the
decision of the Board. It
Sec. 4.
and publication.
ORDINANCE NO. 822-A2 ~"hNTED FIRST READING.
by Clerk, approved as to form and ordered placed on file. Mr. Luce presented
the petition of Darrel A. Farr Development Corporation for establishment of a
Temporary Excavation District for Roushar Square located between Fabri-Tek and
Edina West Apartments. He explained C$at Nr. Hughes, Edina's Environmental
Planner, feels that the grading plan is reasonable and will accomplish the nedds
of the developer with the least scarring of the site. Mr. Luce added that it
is proposed to terrace the hill and is consistent and in conformance with the
plat which has already been approved. The proposal has also been reviewed by
the Nine Mile Creek Watershed District. Mrs. Alison Fuhr, 6609 Brittany Road,
was told that temporary cover would be put on the land as required by ordi-
nance. No further objections being heard, Councilman Johnson offered Ordinance
No. '822-A2 for First Reading as follows:
This ordinance shall be in full force and effect upon its passage
Affidavits bf Notice were presented
ORDINANCE NO. 822-A2
AN ORDINANCE AMENDING ORDINANCE NO. 822, REGULATING
THE USE OF LAND FORMINING, STRIPPING, EXTRACTION AND EXCAVATION
PURPOSES BY ADDING AN ADDITIONAL TEII~ORARY EXCAVATION DISTRICT
THE CITY COUNCIL OF THE: CITY OF EDINA MINNESOTA, ORDAINS:
1ished:for a period of two years ending October 24, 1974:
Section 1.
"Area No. 16
That part of the Southwest Quarter of Section 31, Township 117, Range 21,
described as beginning at a point on the West line of said section 1589.04
feet North of the Southwest corner of said Southwest Quarter; thence East
to a point 1629.21 feet North of the South line of said section as
measured along a line drawn parallel to the East line of said Southwest
Quarter of Section 31 from a point on the North line of said Southwest
The following Temporary Excavation District is hereby estab-
10/7/74
€- 0 00 a2 W w
Quarter 90 feet West o the Northeast comer of said Southwest Quarter;
thence South along said parallel line 543.07 feet; thence West to a point
on the West line of said Southwest Quarter distant 1059.36 feet North of
the Southwest comer of said Southwest Quarter; thence North along said
Nest line 529.68 feet to the point of beginning; except that part of the
above described tract lying Westerly of a line parallel with and 40 feet
Easterly of the following described line: Commencing at 'the closing
comer for the Northwest corner of Section 6, Township 116, Range 21;
thence South 87 degrees, 24 minutes and 02 seconds East (assuming the
\.Jest line of the Northwest Quarter of said Section 6 as bearing North 4
degrees, 19 minutes and 05 seconds West) a distance of 693.43 feet; thence
North 46 degrees, 21 minutes and 27 seconds Vest a distance of 854.85
feet to the actual point of beginning of the line to be described; thence
North 21 degrees, 55 minutes and 42 seconds West a distance of 617.2
feet; thence along a tangential curve to the right with a radius of
1819.86 feet and a central angle of 16 degrees, 16 minutes and 40 seconds,
a distance of 517.02 feet; thence Northerly, tangent to the above described
curve, a distance of 200 feet and there terminating, according to the Gov-
ernment Survey thereof.
Sec. 2. This ordinance shall be in full force and effect from and after
,
its passage and publication.
KCRROR LAJCES PLAT No. 3'GRANTED PRELIMINARY PLAT APPROVAL.
Notice were presented by Clerk, approved as to form and ordered placed on file.
Mr. Luce presented Mirror Lakes Plat: Bii. 3 for Preliminary Plat Approval as
recommended by the Planning Commission.
Courtney offered the following resolution and moved its adoption:
Affidavits of
No objections being heard, Councilman
RESOLUTION GRANTING PRELIMINAm PLAT APPROVAL
FOR MIRROR LAKES PLAT NO. 3
BE IT RESOLVED by the Edina City Council that Mirror Lakes Plat No. 3, platted
by Gerald A. Rauenhorst and presented at the Bieeting of the Edina City Council
of October 7, 1974, be and is hereby granted preliminary Plat Approval.
Motion for adoption of the resolution was seconded by Councilman Johnson and
on rollcall there were five ayes and no nays and the resolution was adopted.
RADIO EQUIPMENT BIDS CONTINUED. As recommended by Mr. Hyde, Councilwoman
Schmidt's motion was seconded by Councilman Shaw and carried, continuing award
of bids for radio equipment to October 21, 1974.
RAY BLAKE LETTER ON BICYCLE PATHS NOTED.
to a letter from Mr. Ray Blake suggesting that Council pass an ordinance making
it mandatary to use bicycle paths where they exist.
that the City does have such an ordinance.
Mr. Hyde called Council's attention
Mr. Erickson recalled
Mr. Hyde will so advise Nr. Blake.
THE WINDINGS FINAL PLAT APPROVAL CONTINUED. As recommended by Mr. Luce, Council-
man Courtney's motion was seconded by Councilwoman Schmidt and carried, continu-
ing final plat of The Vindings to October 21, 1974.
METRAM 1ST ADDITION GRANTED FINAL PLAT APPROVAL.
1st Addition for Final Plat Approval as recommended by the Planning Commission,
recalling that this is the plat for the property involved in Ordinance No.
811-A54 which was granted Second Reading earlier at this meeting. No comments
being heard, Councilman Johnson offered the following resolution and moved its
adoption:
Mr. Luce presented Metram
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
METRAM 1ST ADDITION
BE IT RESOLVED by the Edina City Council that that certain plat entitled
'Metram 1st Addition", platted by Metram Properties Company, New England Mutual
Life Insurance Company and Thomas Construction Company and presented at the
Regular Meeting of the Edina City Council of October 7, 1974, be and is hereby
granted final plat approval:
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there Were four ayes with Coun@$,it&man Schmidt voting ''Nay\\ e& the
rQ890nS expressed in the hearing on Ordinance No. 811-A54 and the resolution
was adopted.
I
NON-CONFORMING USE AMENDMENT TO ZONING ORDINANCE REFERRED TO PLANNING COMJ5CS-
SION.
by Councilman Courtney and carried, referring a proposed zoning ordinance
amendment on non-conforming uses to the Planning Commission.
As recommended by Mr. Erickson, Councilman Shawls motion vas seconded
CALHOUN REALTY INJUNCTION NOTED.
Temporary Injunction fized to restrain the City from interfering in the $)use
Council's attention was called to a Writ of
.
10/7/74
1,
and enjoyment of the standing sign" of Calhoun Realty in front Qf its building
at 7100 France Ave. S.
EARL BRANSTROM NOTICE OF CLAD1 FILED. Council's attention was called to a Notice
of Claim filed as a result of a fall of Earl Branstrom at Braemar Park. The
matter has been referred to the insurance company and to the City Attorney.
The matter has been referred to the City Attorney.
GOPHER CAB COMPANY LICENSE REQUEST CONTINUED TO NOVEMBER 4, 1974. Mr. Hyde
called Council's attention to an application of Gopher Cab Company, a subsidiary
of Handi-Vans, Inc., to license ten taxicabs in the City of Edina. Mr. Robert
F. Carr of Handi-Vafis, Inc., said that he had applied for a license on the basis
of documented observations made at Southdale Center during the month of July and
on his belief that existing cab service is not adequate;
Clerk both said that no complaints had been received on cab service.
Bierbrauer of Town Taxicab Company said that existing service is adequate in the
City.
number of licenses to be issued. Following some discussion, Councilman
Courtney's motion was seconded by Councilwoman Schmidt and carried that the staff
survey the per capita number of cabs in other municipalities and that the paper
cover the request to see if any objections are heard as a result of the news
item.
for consideration of any input that might be received,
I Mr. Hyde and the City
3fr: H. C.
Mr. Erickson said that there are no standards. in the ordinance for the
The motion also provided that the matter be continued to November 4, 1974,
- ELECTION JUDGES APPOINTED FOR NOVEMBER 5, 1974, GENERAL/CITY ELECTION. As recom-
mended by the City Clerk, Councilman Shaw offered the following resolution-and
moved its adoption:
RESOLUTION APPROVING ELECTION JUDGES
BE IT-RESOLVED that the Edina City Council approve the appointment of Election
Judges hereinafter named and that the City Clerk be authorized to make such addi-
tions and ehanges as she may deem necessary: Precinct 1 - Elmes. Dorothy Rich-
ardson, Chairman, Muriel Clauson, Helen Donovan, Barbara Anderson; Lois Hallquist,
Jane Fleet, Evelyn Jensen, Rosita Barber; Alternates and Counters - Mmes. Alice
Swanson and Genie Wlliams; Precinct 2 - limes. Bettie Stone, Chairman, Joyce
Akason, Judith Sotebeer, Jean McDermid, Diane J. Lehman, Marjorie Maki, Grace
Gustafson, Ruth Epstein, Shirley Taylor, Margaret Lewis; Counters and Alternates,
Hazel Strehlow and Thelma Dodge; Precinct 3 -*Mmes. Jane Hawthorne, Chairman,
Marjorie Rossiter, Sherrill Estensen, Patricia Johnson, Evelyn Anderson, Jane ,
Hanson, Louisa Gertsenberger, *Beverlee Orr, liable Brehm, Katherine Ritchie;
Alternates and Counters - Nmes. Caroline White and Virginia Kimmerle; Precinck - 4 - Mmes. Shirley Dibble, Chairman, Alice Rose, Jeanette Lushine, Rachel Schoening,
Laura Benson, Kathryn Stamp, Marge Brothers, Joanne Downey; Counters and Alter-
nates - Mmes. Marion Cracraft and Patricia Murphy; Precinct 5 - Mmes. Henrietta
.Bartlett, Chairman, Sue Holden, Phyllis Cooper, Helen Groth, Hazel Helgeson,
Carol Ledder, Linnea Erickson, Joyce Rudquist, Florence Bennett; Counters and
Alternates - Mmes. Betty Benjamin and Marilyn Houston;
Nancy Springer, Chairman, Jane Bains, Lael Fruen, Barbara Casselman, Catherine
Swanson, Betty Andrues, Helen Lesman, Martha DeZellar; Counters and Alternates -
Mmes. Claire MacLennon and Hope Eilers; Precinct No. 7 - Mmes. Bess Brudelie,
Chairman, Marian Bailey, LaVonne Swenson, Naomi Ward, Barbara Mathison, Helen
Peterson, Judith I.lehrwein, Julie Schroeder, Beverly Deeds; Counters and Alter- .
nates, Nmes. Dorothy Stockdale and Sally Lee;
lund, Chairman, Margaret Kinney, Maxine Sanders, Betty Tripp, Constance Ryan,
Florence Freudenthal, Sara Kirkman, Rose Hines; Alternates and Counters, Velma
Larson and Ruth Bennett; Precinct No. 9 - Mmes. Yvonne Ford, Chairman, Florence
Bahaman, Josie Korthof, Jean Erdall, Margaret Wodrich, Dorothy Nonnweiler,
Jeanne Michiner, Joyce Sutherland, Elaine Olson, Kay Bach; Counters and Alter-
nates, Mmes. Marion Vhite and Virginia Dash; Precinct No. 10 - Mmes. Lorraine
Hasselquist, Chairman, Mary Bartz, Virginia Bodine, Gay Bostock, Shirley Moore,
Jean Chizum, Ann Overholt, Linda Hines; Alternates and Counters - BnesDorothy
Reynolds and Pat Freerks; Precinct No. 11 - Bimes. Geneva Smith, Chairman,
Gloria Thorburn, Anna Taggatz, Eleanor Thornton, Nary Bartlett, Mercedes Sand-
strom, Barbara Boyd, Patricia Mason; Alternates and Counters - YIes. Delores
Brain and Mary Ann Torgerson; Precinct No. 12 - llmes. Adele Olson, Chairman,
Diane Greensweig, Mary McDonald, Doris Van Campen, Phyllis Taylor, Bernardine
Chapman, Karen Byhre, Beverly Rice; Counters and Alternates - Mmes. Ruth
Narquette and Virginia Scott; Precinct No. 13 - Mmes. Patricia Harmon, Chair-
man, Navis deLambert, Margaret Delaney, Merilyn Person, Edna Thomsen, Narie
Crask, Lucetta Klos, Helen Ryan, Nancy Smead; Counters and Alternates - Mmes..
Betty Stake and Claudine Stocke; Precinct No. 14 - Mmes Mary Jane Platt, Chair-
man, Jeanette Lund, Esther Olson, Ruth Volk, Louise Carlson, Patricia Spraguer,
Helen Sather, Doris Peterson, Ruthanna Dye, Jane Brenny; Counters and Alternates,
Mmes. Lavayne Finberg and Helen Taylor; Precinct No. 15 - Mmes. Charlotte Bums,
I
Precinct 6 - lhes.
Precinct No. 8 - Ihes Audrey Berg-
1017174 '
W w
Patricia Olander, Rosemary Sweeney, Nancy Phillips, Margaret McLellan, Lucille
Borchers, Jean Chapman, Maxine Hatzung; Counters and Alternates - Mmes. Joan
Kaeppel and Lillian Grautner; Precinct No. 16 - Mmes Geraldine Sermeta,
Chairman, Betty Doolittle, Lillian Niemeier, Bertha Figen, Elizabeth Burgess,
Jean Heelan, Lois Atwood, Helen Shirley, Marion Hornig; Counters and Alternates -
Mmes. Avis Stockney and Noreen Flynn.
Motion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were five ayes and no nays and the resolation was adopted.
NRS. MARY EMMA WILLSON APPOINTED TO EDINA BICENTENNIAL COMMITTEE. As recom-
mended by Mayor Van Valkenburg, Councilman Courtney's motlon was seconded by
Councilman Shaw and carried, appointing Mrs. Mary Emma lJillson as a'member of
the Edina Bicentennial Committee.
EDINA BICENTENNIAL BUDGET APPROVED.
proposed Budget for the Edina Bicentennial Commission.
sion Councilman Courtney's motion was seconded by Councilwoman Schmidt and
carried that the Commission be given $1,300 as seed, monex, with the understand-
ing that if a real need is proven, additional funds may be available, and
further with the understanding that the names of Commission members are not
to be printed on the Commission stationary. Mr. Ray O'Connell, 4612 Valley
View Road, said that the Commission had hoped that it would not be necessary to
spend the funds requested in the Budget and that the Commission would bring back
more detailed plans.
Councilman Courtney reviewed items on the
Following some discw-
ARTS COMMITTEE APPOINTMENTS CONTINUED to October 21, 1974, by motion of
Councilman Johnson, seconded by Councilman Courtney and carried.
ROBERT MC GUIRE APPOINTED TREE INSPECTOR. In conformance with State Statute
and as recommended by Mr. Rosland, Mr. Robert McGuire'b confirmation as Edina's
consultant forester was moved.by Councilman Courtney, seconded by Councilman
Shaw and carried.
METROPOLITAN SEWER BOARD ESTIMATE OF COST FOR-1975 NOTED.
. Council that the Metropolitan Sewer Board estimates that it will increase costs
for 1975 in the amount of $12,500 per month. He is studying the situation to
see if the City can get by without raising the sewer rates.
commented that the farther away a governing body is from the people, the more
taxes are apt to be raised.
Mr. Dalen .advised
Councilman CourMey
No.action was taken.
HEARING DATES SET FOR SEVERAL IMPROVEMENTS. As recomended by Nr. Dunn,
Councilman Johnson offered the following resolution and moved its adoption:
RE3OLUTION PROVIDING FOR PUBLIC JBARINGS ON
SANITARY SEMER IMPROVEMENTS NOS. PCUSS-318, P-SS-319, P-SS-320
STOREl SEXJER IMPROVEMENTS NOS. ST. S- 142 AND ST. S-r 143
' SANITARY SEWAGE LIFT STATION AND FORCE MAIN
IMPROVEMENT NO. .P-LS-9
FJATER MAIN IMPROVEMENT NO. P-FJM-290
GRADING, GRAVELLING, PERMANENT STREET SURFACING
AND CONCRETE CURB AND GUTTER
IMPROVEMENT NO. P-BA- 20 1
1. The City Engineer, having submitted to the Council a preliminary report as
to the' feasibility of the proposed improvements described in the form of Notice
of Hearing 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.
Edina City Hall, to consider in public hearing the views of all persons inter-
ested in said improvements.
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, October 21, '1974, at 7:OO p.m. in the
The Clerk is hereby authorized and directed to cause notice of the time,
(Official Publication)
CITY OF EDINA
HENNEPIN COUNTY,, MINNESOTA
NOTICE OF PUBLIC HEARINGS
STORM SEWER SUB TRUNK AND LATERAL
LATERAL SANITARY SEWER
IMPROVEMENT NO. P- ST. S- 142,
_(Force Main Area)
IMPROVEMENT NO. P-SS-318,
LATERAL SANITARY SEVER
(Gravity System)
IMPROVEMENT NO; P-ss-319,
10/7/74
TRUNK SANITARY SEWER
IEPROVENENT NO. P-SS-320,
SANITARY SEWAGE LIFT STATION AND FORCE EAIN
IElPROVEbIENT NO. P-LS-9
WATER MAIN LATERAL
IMPROVEMENT .NO. P-\D1-290
STORM SElJEB IMPROVENENT NO. P-ST . S- 143
GRADING, GRAVELLING PERMANENT STREET SURFACING
AND CONCRETE CURB AND GUTTER
I"R0VEMENT NO. P-BA-201
EDINA CITX COUNCIL will meet at the Edina City Hall on Monday, October 21, 1974,
at 7 :00 p.m., to consider the following proposed improvements to be constructed
under the authority granted by Minnesota Statutes, Chapter 429.
cost of said improvements are estimated by the City as set forth below:
1.
The approximate
ESTIMATED COST
CONSTRUCTION OF STOREi SIWER SUB TRUNK AND LATERAL IN THE
FOUOIJING :
IMPROVEMENT NO. P-ST.S-142 $246,272.85
West 76th Street from France Avenue to Yorlc Avenue;
York Avenue from approximately 700' North of West 76th
CONSTRUCTION OF LATERAL SANITARY SEWER (FORCE MAIN AREA)
IN THE FOLLOTJING:
Street to West 78th Street X.
2.
IMPROVEMINT NO. P-SS-318 9 $ 94,458.38
West 76th Street from 630' West of York Avenue to
East side France Avenue from Vest 76th Street to
France Avenue.
South City limits.
3. CONSTRUCTION OF LATERAL SANITARY *SEWER (GRAVITY SYSTEM)
IN TRE FOLLOIJING:
IMPROVET.IENT NO. P-SS-319 $ 95,110.15
York Avenue from 644' -p North of West 76th Street
. Pork Avenue from Vest 76th Street to 1085l South.
to 318' North.
Parklawn Avenue from York Avenue to 380' Mest.
4. CONSTRUCTION OF TRUNK SANITARY. SEWER IN THE FOLLOIJING:
IElPROVEEENT NO. P- SS-320 $106,543.48
West 75th Street from Xerxes Avenue to Yorlc Terrace;
Easement line from York Terrace to Yorlc Avenue;
York Avenue from easement line to West 76th Street;
West 76th Street to 400' West.
5. CONSTRUCTION OF SANITARY SEWAGE LIFT STATION AND FORCE
MAIN IN THE FOLLOYING:
IElPROVEMENT NO. P-SL-9 $ 93,224.88
Lift Station - East side France Avenue at a point 875'
South of West 76th Street.
Force Main - East side France Avenue from Lift Station
to West 76th Street from France Avenue to
400' \.Jest of York Avenue.
6. CONSTRUCTION OF WATER MAIN LATERAL IN THE FOLLOWING:
IEPROVEEENT NO. P-IQI-290 $168,879.20
York Avenue from the South line of Yorlctown Addition
West 76th Street from York Avenue to France Avenue.
to West 78th Street.
7. CONSTRUCTION OF STORN SEVER IN THE FOLLOWING:
IMPROVEMENT NO. P- ST. S- 143 $ 3,044.69
Easement line between 4620 and 4622 Bruce Avenue
from back yard to Bruce Avenue.
8. CONSTRUCTION OF GRADING, GRAVELLING, PERMANENT STREET
I SURE'ACIIG, AND CONCRETE CURB AND GUTTER IN THE FOLLOWING:
IWROVEEENT NO. P-BA-201 $ 14,542.78
Ryan Avenue - I?. G2nd Street to 395' South
The area proposed to be asses'sed for the cost of the proposed Storm Sewer Sub
Trunk under 1 above (Improvement No. P-ST.S-142) includes Lots 1 thru 13, Block
1, Meadow Lane I1 Addition; Lot 1, Block 1, and Outlot A, Ebenezer Society 1st
Addition; Parcels 800, 1200, 2100, 2400, 2800, 3600, 4800, 5300, 6000, 6400,
6808, 7400, 8000, 8800, 920C, Section 32, Township 28, Range 24.
The area proposed to be assessed for the cost of the proposed Storm Sewer Lateral
under 1 above (Improvement No. P-ST.S-142) includes Parcels 2100, 2400, 2800,
3600, 4800, 6000, 6400, 6800, 2400, 8000,. 8800, 9200, Section 32, Township 28,
Range 24; Lots 1 thru 13, Block 1, Meadow Lane I1 Addition; Lot 1, Block 1,
Ebenezer Society 1st Addition.
10/7/74
,
Eu 0 00 M b4 M W
The area proposed to be assessed for the cost*of the proposed Lateral
Sanitary Sewer (Force Main Area) ynder 2 above (Improvement No. P-SS-318)
includes Parcels 2800 (S 1/3 lot only) , 4800, 6000 (N 1/3 lot only) ,
6400 (N 1/3 lot only) , 6800 (N 1/3 lot only), Section 32, Township 28,
Range 24.
The area proposed to be assessed for the cost of the proposed Lateral
Sanitary Sewer (Gravity System) under 3 above (Improvement NO. P-SS-319)
includes Outlot A, Ebenezer Society 1st Addition; Parcels 2100, 3600, 5300,
9200, Section 32, Township 28, Range 24.
The area proposed to be assessed for the cost of the proposed Trunk Sani-
tary Sewer under 4 above (Improvement No. P-SS-320) includes Lots 7 thru
13, York Hills Addition; Parcels 800, 1200, 2100, 2400, 2800, 3600, 4800,
5300, 6000, 6400, 6800, 7300, 7400, 8000 (N 1/3 for lateral), 8800, 9200,
Section 32, Township 28, Range 24;‘Lot 1, Block 1, and Outlot A, Ebenezer
Society 1st Addition; Tracts P, Q, R, S, T, and U, R.L.S. #1129.
The area proposed to be assessed for the cost bf the proposed Sanitary Sew-
age Lift Station and Force Main under 5 above (Improvement No. P-LS-9)
includes Parcels 800, 1200, 2800, 4800, 6000, 6400, 6800, and Part of 8000
(S 2/3), Section 32, Township 28, Range 24; Tracts P, Q, R, S, T, and U,
R. L. S. $11129.
The area proposed to be assessed for the cost of the proposed Water Main
Lateral under 6 above (Improvement No. P-TJM~290) includes Loe 1, Block 1,
Ebenezer Society 1st Addition; Parcels 2100, 2400, 2800 (S 1/2) , 3600,
4800 (N 1/3) , 6000’ (N 1/3) , 6400 (N 1/3) , 6800 (N 1/3) , 7300, 7400, 8000
(N 1/3), 8800, and 9200, Section 32, Township 28, Range 24.
The area proposed to be assessed for the cost of the proposed Storm Sewer
under 7 absve (Improvement No. P-ST.S-143) includes Lots 10, 11, 12, 13,
25, 26, 27 and 28, Block 9, Country Club District Fairway Section.
The area proposed to be assessed for the cost of the proposed Grading,
Gravelling, Permanent Street Surfacing and Concrete Curb and Gutter under
8 above (Improvement No. P-BA-201) includes Lot 1 (W 1/2), Lot 2 ($7 1/2) ,
Lot 3 (It7 1/2), Block 3, Normandale Addition.
1s-
Florence B. Hallberg
City Clerk
Motion for adoption of the resolution was seconded by Councilwoman Schmidt and
on rollcall there were five ayes and no nays and the resolution was adopted.
LIMITED RETAIL SALES IN INDUSTRIAL ZONE REFERRED TO PLANNING COIIMISSION. Mzryor
Van Vallcenburg recalled that there is a prohibition against retail selling in
the Industrial Zone and, admitting that he has a bias, suggested that some type
of limited sale be allowed in warehouses. Following some discussion, Council-
man Courtney’s motion was seconded by Councilman Johnson and carried that the
mqtter be feferred to the Planning Commission.
FRANCE AVENUE - HAZELTON ROAD TRAFFIC SIGNALS DISCUSSED. NO ACTION TAKEN. Mr.
Hyde advised Council that Hennepin County has requested that the City of Edina
pay 75% (with the County to pay 25%) of a cost of approximately $60,000 for
permanent traffic signals at the intersection of Hazelton Road and France Ave.
It was generally decided to advise Hennepin County that the City does not like
the proposed split of the cost of’the signals. No formal action was taken.
YON AVENUE CONDEMNATION FOR PARCEL NO. 1 (SLOANE) SETTLEMENT REACHED. Mr.
, Erickson referred to his letter to the Council of October 12, 1973, recall-
ing that it was his recommendation that the City appeal the award on Parcel
No. 1, unless the Owners dismiss their tax petition to reduce the taxable value
of that property, He advised that he has now been advised by the owners of
that property that they are willing to”dismiss their petitions to reduce the
taxable value of their property and their appeal from the Commissioners’ Award,
if the City will agree to pay that award. As recommended by Mr. Ericlcson,
Councilman Johnson’s motfon was seconded by Councilwoman Schmidt and carried,
‘that the City agree to the settlement proposed by Mr. Erickson whereby the
City would pay $80,000.
COUNTY ROAD 18 LAYOUT 23B APPROVAL CONTINUED. Mr. Dunn advised Council that
receipt of Layout 23B for County Road 18 has again brought up the question of
the homes in Edina on the East side of County Road 18 between Maloney Ave. and
the North City Limits. Mr. Luce clarified that, because the homes are so
close to County Road 18, they will’encroach on the County Road 18 boulevard
and recommended that no action be taken until the property owners decide
whether or not they want to be relocated.
I
He said that to date, six property
owners of eighteen affected structures ha+e”indicated
be relocated, with one property owner being unsure of
It was informally decided to wait until the survey of
been completed before taking action on Layout 23B.
that they would like to
his feelings at this time.
the property owners has
10/7/74
FIRE PREVENTION WEEK NOTED.
that Fire Prevention Veek had commenced on October 7 and complimented the Fire
Mr. Hyde called Council's attention to the fact
Department on its display at Southdale Center.
Assistant Chief Robert Buresh on his presentation on Channel 2.
Mr. Hyde also complimented
HOUSING AND REDEVELOPMENT AUTHORITY 3UDGET APPROVED FOR 1975.
the proposed H.R.A. budget for 1975, advising Council that by January 1, 1975,
plans should be'complete for the 50th and France redevelopment, taxes for the
area frozen and that the H.R.A. would then move into tax increment financing.
Nr. Luce explained various items in the $65,000 budget which he said was entirely
recoverable and allocated to the 50th and France Avenue area budget. He esti-
mated that 50th and France direct redevelopment costs to be 'devrSloped by Janu-
ary 1, 1976, would amount to $350,000.
presently has an agreement to fund the H.R.A.thru 1974, and clarified that
approval of the proposed budget would authorize funding thru 1975 in the amount
City's budget for 1975, afid is'to-be"tr~s@rred from the General Fund surplus.
Councilman Courtney thereupon offered the following resolution and moved its
adoption :
Nr. Luce presented
I Mr. Erickson recalled that the City
~ of $65,500. He was told' by Mr. Dalen that this amount was not included in the
RESOLUTION
WEREAS, the City Council of the City of Edina, by resolution adhpted Bkrkh 4,
1974, did, pursuant to Ninn. Stat. (1973) Sec.-462.411, et sgq. kiown as the -
Minnesota Housing and Bedevelopment Act' (the "Act"), declare that there is a
need for a Housing and Redevelopment Authority (the "H.R.A.") to function in
Edina, Minnesota; and
WHEREAS, the Council, by resolution adopted April 1, 1974, did approve the
appointment by the Efayor of Edina of the Commissioners for the H.R.A.; and
WHEREAS, the H.R.A. has now begun to establish its organization and to determine
financial needs for the balance of the calendar year 1975, and has requested the
City of Edina to contribute and lend funds to it as authorized and allow by the
Act; and
WHEREAS, in order to make available the necessary funds to contribute or lend
to .the H.R.A., the Council must mike certain determinations. and findings, and
amend the budget resolution adopted September 26, 1974, adopting the City of
Edina budget for the 1975 calendar year (being the City's fiscal year), all
pursuant to Ninn. Stat. (1973) Sec. 412.731, by inserting new items, reducing
certain budgeted appropriations, or transferring unencumbered balances of bud-
geted appropriations ;
NGJ, $HEREFORE, BE IT RESOLVED by the City Council of the City of Edina as
follows :
1.
funds in the General Fund Surplus of Edina, being unbudgeted funds, such surplus
being in excess of $65,500.
2.
ferred, to the General Fund/&! d gSCity of Edina.
3. 'That the 1975 budiet resolution is hereby amended by inserting in said
budget resolution a new item, with an appropriation of $65,500 as follows:
That the Council hereby finds and determines that there is a surplus of
That said sum of $65,500 is vailable for transfer, and is hereby trans-
The Housing and Redevelopment Authority of Edina, Minnesota -
The foregoing funds budgeted to the H.R.A., and now within the City of Edina
Transfer from General Funds $65,500
4.
budget for the 1975 fiscal year, shall be made available to the H.R.A. as and
when requested by the H.R.A., and all funds allocated by the H.R.A. to a specific
pkojeck and which are includable by the H.R.A. in its public redevelopment cost,
as defined and allowed by the Act, shall be a loan by the City of Edina to the
H.R.A., with intereslt on the unpaid portion thereof from time to time outstand-
ing at the rate of five percent (5%) per annum from the date said funds ar;? dis-
bursed by the City of Edina to the H.R.A.
5. its public redevelopment cost shall be a contribution by the City of Edina to
the H.R.A., and need not be repaid b? the H.R.A. to Edina.
6.
by the end of the 1975 fiscal year of the City of Edina shall not thereafter
be disbursed except pursuant to a new budget resolution, incorporating any
undisbursed or unencumbered funds with other funds, if any, containing an item
for funds to be contributed'or loaned to the H.R.A.
7. The Mayor and Manager of the City are hereby authorized and directed to
entk into a loan agreement with the H.R.A. providing for the repapnt of all
sums which are to be borrowed by the H.R.A. pursuant to this resolution out. of
the funds received by the H.R.A. from its redevelopment projects, it being
understood, and included in said agreement, that all of such budgeted funds which
can be properly included in the H.R.A.'~ public redevelopment costs will be SO
included, and that none of the above budgeted items shall be used in public
housing projects, as defined in the Act, and which loan agreement shall contain
All funds not so allocated by the H.R.A. to a project and includable within .
Any of the above budgeted funds not disbursed to or encumbered by the H.R.A.
10/7 /7 4
such other and additional terms and conditions, not inconsistent with or
contrary to this resolution or to applicable statutes and ordinances as the
Mayor and Manager shall deem necessary or desirable.
Xofion- for' Bdoptfotl' of -the' r&soIution ~7 as seconded by Councilman Shapj and on
rollcall there were five ayes and no nays and the resolution was adopted.
SPLIT-LIQUOR REFERENDUM DENIED FOR GENERAL-CITY ELECTION. Mr. Neil l4essick,
General Manager of the Radisson South Hotel, requested that the Council take
action to submit the split-liquor question to the voters of Edina at the Nov-
ember 5, 1974, election. Mr. Messick reviewed the expansion plans of the hotel
which included 200 new sleeping rooms in the City of Edina and said that unless
they would be able to* serve liquor by the drink in these rooms, it would not be
feasible to construct this new addition. 14r. Messiclc referred to the results
of a survey in which 402 interviews of Edina residents of voting age were con-
ducted in a Itprobability sampling plan", which survey indicated that 67% of
those interviewed favored, 20% opposed and 13% were undecided as to whether
or not liquor should be served by the drink at major hotels in Edina. Consid-
erable discussion ensued with Council generally feeling that the people should
have the right to decide this issue, with the Council setting limitations on
licenses by ordinance. Councilman Johnson's motion that the question before
the voters at a Special Election to be conducted along with the General Elect-
ion of November 5, 1974, died for lack of a second. Councilmen Courtney and
Shaw expressed their beliefs that the request for such a referendum should
come from the people, rather than from the Radisson South. Councilman Johnson
pointed out that holding the Special Election along with the General-City
Election would save a considerable sum of money.
he believed that this issue is sufficiently important to have a Special
Election at a time when this is the only matter,on the ballot. Eir. Messick said
that he hoped that the Council will keep an open mind about conducting a Special
Election at a later date after he has had an opportunity to circulate a petition.
Mr. Erickson pointed out that the petition would require the signatures of 20%
of those voting in the last City Election and that, with 4,817 voting at the
1974 City Election, a minimum of 964 signatures would be required.
Councilman Courtney said that
EMPLOYEE DISCIPLINARY APPEAL DROPPED.
of an employee who had been dismissed had been withdrawn.
tibe resignation rather than discharging the employee.
Mr. Hyde advised Council that the appeal
The City will accept
ORDINANCE NO. 107 GRANTED FIRST READING. Recalling that discussion on estab-
lishment of a Recycling Commission had been held at the Council Meeting of
September 16, 1974, Councilman Johnson offered the following ordinance for
First Reading :
ORDINANCE NO. 107
AN ORDINANCE ESTABLISHING A RECYCLING
COMMISSION IN THE CITY OF EDINA AND
DEFINING ITS DUTIES
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
the City of Edina, recognizing the need to cons6rve natural resources and
discourage waste, and in order to thereby improve the overall welfare of the
citizens of Edina, does hereby establish the Edina Recycling Commission.
the Council on matters relating to the establishment and operation of a recycl-
ing center in the City of Edina, and shall make and furnish such studies,
reports and recommendations concerning the establishment and operation of a
recycling center as the Council may request.
Sec. 3. Membership. The Commission shall consist of five members, all
appointed by the Mayor with the consent of a majority of the Conncil.
of the Commission shall be residents of the City and shall be appointed with
due regard to their fitness for the efficient dispatch of the duties imposed
upon the Commission.
Quality Commission.
two years except that the first Commission appointed shall have two members
appointed for only one year each.
office a member shall continue to serve until his successor shall have been
appointed and'approved by the Council.
occurring prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such,term.
term of a member of the Envikonmental Quality Commission expires, or such member
vacates his office; his term on this Commission shall likewise end. Members
of the Commission may resign voluntarily, or be removed from office by majority
vote of the Council, or may automatically be removed from office pursuant to
Ordinance No. 162.
Section 1. Establishment of Recycling Commission. The City Council of
Sec. 2. Duties of the Commission. The Commission shall assist and advise
Members
One member shall be a member of the Edina Environmental
Nembers of the Commission shall be appointed for terms of
Upon the expiration of his term of
Any person appointed to fill a vacancy
Whenever the
10/7/74
Sec.
( a)
Sec.
public
to its
4. Organization. The Commission shall:
Elect a Chairman and Vice Chairman from among its members for
terms of one year.
Adopt such bylaws as shall be necessary or desirable for the conduct
of its business.
Appoint a Secretary from among its members, or request assignment of
a staff sedretary from the City.
City, the secretary shall perform only such clerical duties on
behalf of the Commission as may be assigned by the Chairman with the
consent of the City Manager. Additional advisory staff may be
If a secretary is assigned by the -
assigned to the Commission by the City Ilanager.
5. Meetings. All meetings of the Commission shall be open to the , be governed by Roberts Rules of Order and otherwise be held pursuant
The Commission shall hold its regular meetings on such fixed bylaws.
date and in such fixed place as it from time to time shall determine in advance.
Minutes of all meetings shall be recorded and a copy thereof transmitted to each
member of the Council.
Sec. 6.
and publication.
This ordinance shall be in full force and effect upon its passage
ORDINANCE NO. 404-A1 GRANTED FIRST READING.
nance No. 404-A1 has been brought to the Council as recommended by the Building
Inspector. In response to a question of Councilman Courtney, Mr. Luce said
that certain skills are needed for site plans and planting schedules for land-
scaping work and erosion control measures.
Ordinance No. 404-A1 for First' Reading as follows:
Mr. Ericlcson explained that Ordi-
Councilman Courtney thereupon offered
ORDINANCE NO. 404-A1
AN ORDINANCE ANENDING ORDINANCE NO. 404
TO REQUIRE ADDITIONAL ELEVATION INFORMATION ON SURVEYS,
TO EXTEND THE EFFECTIVE PERIOD OF BUILDING PERMITS UNDER
CERTAIN CIRCU'kfSTANCES AND TO REQUIRE, IN CERTAIN CASES,
A SITE PLAN AND PLANTING SCHEDULE FOR LANDSCAPING WORK AND
EROSION CONTROL MEASURES PRIOR TO ISSUANCE OF BUILDING..
PERMITS AND OTHER APPROVALS.
THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS:
Section 1. Parakraph (b) of Section 5 of Ordinance No. 404 is hereby
amended by correcting (d)'under item (10) thereof, and by adding an (e) to
said item (lo), all as follows: "(a)
I:(+)
Section 2.
Elevations of top of foundation and garage floor of ad'jacent
properties.
Elevation of basement floor, top of foundation and garage floor
of proposed new construction."
Section 5 of Ordinanbe No. 404 is hereby amended by re-let-
tering paragraphs (c), (d), (e), (f), (g), (h), (i), (j) respectively, and by
inserting a new paragraph (c) to read as follo.rSs:
"(c) Paragraph (d) of Section 302 is amended to read as follows:
issued by the Building Official under the provisions of this Code shall
expire by limitation and become null and void, if the building or work
author.ized by such permit is not commenced within 120 days from the date
02 such permit, or if the building or work authorized by such permit is
suspended or abandoned at any time ifter the work is commenced' for a
period of 120 days. Provided, however, that any such building permit
may be extended for up to two additional periods of 120 days each upon
written application made to the Building Official prior to the expira-
tion of the then applicable 120-day period for such reasons as adverse
weather, shortage of materials, strikes ,- lack of adequate financing and
other conditions beyond the reasonable control of the person to whom
such permit was issued.
the facts relied on for the extension.
additional information and documentation as the Building Official may
request to support the application.
such extension shall be in writing and shall be for an additional
period of 120 days.
of a fee in the amount below set out, and shall be further conditioned
upon the agreement of the person to'whom such extension is issued to
comply with any new requirements of this Code which would have had to
be complied with if a new permit were issued.
expressly stated in the application for such extension. If a permit
expires without extension, then before such work can be commenced or
recommended, a new permit shall be first obtained so to do. The fee
for an extension or for a new permit shall be one-half the amount
'(d) Expiration. Except as hereinafter puovided, every permit
.x
The application for extension shall set forth
The applicant shall deliver such
ff granted by the' Building Official,
Such extension shall be conditioned upon payment
Such agreement shall be
10/7/74
required for a new permit for such work, provided no changes have been
made or will be made in the original plans and specifications for such
work, and provided, further, that if the original permit was is.sued one
year or more prior to the date the new permit is to.be issued, or if the
original permit has been extended twice, then the full fee shall be paid
for the new permit. * IY
Section 3. Section 13 of Ordinance No. 40-4 is hereby amended to read as
"Sec. 13. Site Plan, Planting Schedule and Performance Bond for Landscap-
'(a)
follows :
ing and Other Work.
screening or erosion control measures are required by any ordinance of the City,
or as a condition to any approval granted by the City pursuant to any ordinance
of the City, for any building or structure, or for land-disturbing activity
as defined in Section 3 of Ordinance No. 817, other than the construction of
one single or two-family residence or structure whose use is accessory
thereto, to be constructed or conducted on any property within the City, the
applicant for the required permit or approval shall file with the City Planner
a site plan of the property drawn-to a scale of not less than 100 feet to one
inch showing in detail the landscaping or other work to be done on the site.
Such site plan shall be prepared by a registered architect, landscape architect,
professional site planner or other person experienced in such work and accept-
able to the Building Official.
Planner a planting schedule which shall specify the Latin name, common name,
caliper and quantity of all vegetative materials shown on the site plan, together
with a time schedule for the work to be done.
Site Plan and Planting Schedule. In every case where landscaping,
'
The applicant shall also file with the City
d
. "(b) Performance Bond. The applicant shall also file with the City Planner
a performance bond or bonds with a corporation.acceptable to the City Council
as-surety thereon, in an amount::to be determined by the City Planner, but for
at least one and one-half times the amount estimated by the City Planner as the
cost of completing the required landscaping and erosion control measures and
not to exceed twice such amount.
substance acceptable to the City Council. Where such landscaping or erosion
control measures do not include the use of vegetative materials, the bond there-
for shall be in force until such landscaping or erosion control measures have
been completed and approved by the Building Official. Where such landscaping
or erosion control measures do include the use of vegetative materials, the
bond therefor shall be in force for at least two complete growing seasons sub-
sequent to the completion and approval of such landscaping or erosion control
measures by the Building Official.
approval shall be issued until the site plan, planting schedule and bond
required under this Section 13 have been filed with the City Planner. ' "
passage and publication.
ORDINANCE NO. 451-A2 GRANTED FIRST BEDING. Councilman Johnson offered Ordi-
nance No. 451-A2 for Birst Reading as follows:
Such bond or bonds shall be in form and
'(c) Plan, Schedule and Bond to be Filed. No building permit or
Section 4. This ordinance shall be in full force and effect upon its
ORDINANCE NO. 451-A2
AN 0RDINP;NCE AMENDING ORDINANCE NO. 451
INCREASING THE FEE FOR SIGN PEWITS
AND PROVIDING FOR VARIANCES AND APPEALS
THE CITY COUNCIL OF T€E CITY OF EDINA, MINNESOTA, ORDAINS: . Section 1. Increase of Sign Permit Fees. Paragraph (b) of Section 6 of
Ordinance No. 451 is hereby amended to increase the initial application fee to
$50.00.
to read as follows:
Sec. 2.
"(g)
Paragraph (g) of Section 6 of Ordinance No. 451 is hereby amended
Variances and Appeals.
request a variance from the literal provisions of this ordinance by
filing a petition for a variance with the Building Inspector or his
deputy and paying a fee of $50.00.
also may appeal any alleged error in any order, requirement, decision,
or determination made by the administrative officer in the enforce-
ment of this ordinance.
provided in Section 12 of Ordinance No. 811. Variances and appeals
shall be heard by the Board-of Appeals and Adjustments, and may be
appealed to the City Council, as provided in said Section 12 of
Ordinance No. 811, except that the Board shall grant a variance from
the provisions of this ordinance only if the appellant proves that:
''(1) There are exceptional or extraordinary circumstances
applicable to the property or to the Cntended use that do not
apply generally to other property in the same vicinity and zon-
ing district;
A permit applicant or permit holder may
A permit applicant or permit holder
Appeals shall be filed in the same manner as
10/7/74
"(2) The variance is necessary for the preservation and ensoyment
of a substantial property right possessed by other property in the same
vicinity and zone, but which is denied to the property in question.
an unnecessary hardship; and
detrimental to the public welfare or injurious to the property or
improvements in the vicinity or zone in which the property is located."
Sec. 3.
"43)
"(4)
That the strict application of the ordinance would constitute
That the granting of the variance would not be materially
:I
This ordinance shall be in full force and effect uponeits pass-
age and publication.
I ORDINANCE NO. 121-A3 ADOPTED; SECOND READING IiAIVED. As recommended by Mr.
Hyde Councilman Johnson offered Ordinance No. 121-A3 for First Reading with
waiver of Second Reading and moved its adoption:
ORDINQCE NO. 121-A3
AN ORDINANCE AIaNDING ORDINANCE NO. 121 PROVIDING *
FOR THE CEEEBRATION OF VETERANS' DAY ON NOVEMBER 11
Section 10 of Ordinance No. 121 is hereby amended to read as
-THE CITY COUNCIL OF THE CITY OF EDINA, IiINNESOTA,
Section 1.
f0llOT~S :
"Sec. 10. Holidays. The following are paid holidays: New Year's Day;
17ashington's and Lincoln's Birthday (the third Monday in February); Good Fri-
day (the Friday next preceding Easter Sunday); Nemorial Day (the last Blonday
in May); Fourth of July (July 4); Labor Day .(the first Monday in September);
Columbus Day (the second Monday in October); Veterans' Day (November 11);
Thanksgiving Day; Christmas Day (December 25) ; Christmas Eve afternoon and
New Year's Eve afternoon. The City Hall shall be"c1osed for business on
each of the foregoing holidays; provided, however, that employees may be
required to work on paid holidays when the nature of their duties or other
conditions so require.
he shall receive another day off as the City Manager shall determine unless
consideration is given to this factor in detepining work schedules. When New
Year's Day, the Fourth of July, Veternas' Day or Christmas Day fall on Sunday,-
the following Nonday shall be a paid holiday, 'or if any of those four days
falls on Saturday, the preceding Frgday shall be a holiday. The City Manager,
in his discretion, may grant a holiday to individuals fof the celebration of
certain religious Holy Days observed by their particular faith,"
Section 2.
age and publication.
Motion for adoption of the ordinance 11
on rollcall there were five ayes and no nays
ATTEST: .
ORDAINS:
U
If an employee is required to work on a paid holiday,
I This ordinance shall be in full force and effect upon its pass-
J
L
t " City Clerk D
t
AD VALOREM TAXES CANCELLED.
offered the following resolution and moved its adoption:
17HEREAS, the City Council of the City of Edina has, by Resolution adopted Febru-
ary 25, 1957, levied a special ad valorem tax for the payment of principal and
interest of Its park System Bonds, said ad valorem tax in the amount of $62,000
being collectible with and as a.part of other general taxes foy the year 1974;
NO17, THEREFORE, BE IT RESOLVED that the City Council of the City50f Edina that
$60,000 of that ad valorem tax levy made by Resolution of this Council dated
February 25, 1957, be and is hereby cancelled; and
BE IT FURTHER RESOLVED that the County Auditor of Hennepin-County, Ninnesota,
be authorized and directed to cancel the above described ad valorem tax levies
and to delete said levies from taxes to be spread.for the year 1974.
Xotion for adoption of the resolution was seconded by Councilman Courtney and
on rollcall there were five ayes and no nays and the resolution was adopted.
SUBURBAN HENNEPIN COUNTY NURSING DISTRICT PARTICIPATION APPROVED. As recom-
mended by Hr. Hyde, Councilwoman Schmidt offered the following resolution and
moved its adoption:
l?HERZAS, pursuant to Hinnesota Statutes, Section 145.08 and 145.12, provision
has been made for a public health nursing district in-that portion of Hennepin
County outside the City of Minneapolis; and
WHEREAS, pursuant to such authority, such a public health nursing district has
been organized and has been in operation for several years; and
As reAommended by Hr. Dalen, Councilman Shaw
RE SOLUTION
RESOLUTION
10/7/74
WHEREAS, it is deemed necessary to continue the operation of such nursing dis-
trict and to provide it uitLL dequ&e gunas for its proper operation;
NOS7, THEREFORE, BE IT RESOLVED BY THE EDINA CITY COUNCIL that this political
subdivision continue to be included in the public health nursing district of
Suburban Hennepin County, organized on January 4, 1952; that it participate in
the benefits thereof; and that it agrees to support on an apportionment basis
its pro rata share of the cost of the administration of such district provided,
however, that for the period of January 1, 1975, through December 31, 1975,
this cost shall not exceed 39c: per capita on the basis of the last official
census; and
BE IT FURTHER RESOLVED, that this resolution shall be deemed an agreement to
continue to participate in such nursing district on the basis hereinbefore
specified with all other political subdivisions adopting similar resolutions.
Motion for adoption of the resolution was seconded by Councilman Shaw and on
rollcall there were five ayes and no nays and the resolution was adopted. ,
WATER DEPARTMENT PICK-UP TRUCK PURCHASE AUTHORIZED.
motion was seconded by Councilman Johnson and carried, authorizing purchase of
a pickup truck for the Water Department.
4
Councilman Courtney' s
FERTILIZER PURCHASE AUTHORIZED. As recommended by Mr. Rosland, Councilman Shaw's
motion was seconded by Councilwoman Schmidt and-carried, authorizing the purchase
of fertilizer in the amount of $2,912 from Minnesota Turf Supply.
WATER CONNECTION BID AUTHORIZED FOR ARNESON PROPERTY. Advising that public
water is needed for the Arneson property, Mr. Hyde presented tabulation of
three bids of $1,487.00 from Raymond E. Haeg Plumbing, Inc., $1,813.00 from
Hovde Plumbing & Heating, Inc. ,
Inc.,
carried, awarding bid to recommended low bidder, Raymond E. Haeg Plumbing, Inc. ,
in the amount of $1,487.00.
can be legally taken.
PARK DEPARTMENT CAPITAL IMPROVEMENTS' CONTINUED.
was seconded by Councilman Shaw and carried, continuing discussion of the Park
Department Capital'fmprovements Program to a joint meeting with the Park Board.
and $1,990 .OO from Allstate Plumbing Company,
Councilman Courtney's motion was seconded by Councilwoman Schmidt and
City Attorney Erickson advised that this action
Councilman Courtney' s motion
LIQUOR FUND as of August 31, 1974, was presented by Mr. Dalen, reviewed and
ordered placed on file by motion of Councilman Shaw, seconded by Councilman
Johnson and carried.
TREASURER'S REPORT as of August 31, 19~74, was presented by Mr. Dalen, reviewed
and ordered placed on file by motion of Councilman Johnson, seconded by Council-
man Shaw and carried.
NATIONAL FOOD STORE PURCHASE AGREEMENT was continued so that details could be
worked out by the City Attorney by motion of Councilman Johnson, seconded by
Councilman Shaw and carried.
CLAIMS PAID.
Barried for payment of the following claims as per Pre-List:
$81,635.69; Construction Fund, $3,983.52; Parlc Funds, $94,410.23; 'Water Fund,
$13,221.24; Liquor Fund, $41,904.98; Sewer Fund, $44,470.61; Improvements,
$371,262.50; Total, $650,888.77; and for confirmation of payment of the follow-
ing claims: General Fund, $8,729.61; Park Fund, $3,877.50; Construction Fund,
$2,412.29; Water Fund, $1,340.73; Liquor Fund, $91,874.49; Sewer Fund, $1.95;
Total, $108.236.57.
Motion of Councilman Shaw was seconded by Councilman Courtney and
General Fund,
UNITED NATIONS WEEK CHAIRMAN TO BE APPOINTED. Mrs. Patricia Llona, President
of the Edina League of Women Voters, presented recommendations for appointment
of a Chairman for United Nations Week. Mrs. Llona was authorized by the Mayor
and Council to make such an appointment.
No further business appearing , Councilman Johnson's motion for adjournment was
seconded by Councilman Courtney and carried.
No formal action was taken.
Adjournment at 10:18 p.m. /