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HomeMy WebLinkAbout19741104_regularL 0 . lfINUTES OF THE REGULAR MEETIKG OF THE EDIKA CITY COUNCIL IIELD AT CITY HALL OX MONDAY, NOVEMBER 4, 1974 Answering rollcall were members Courtney, Johnson, Schmidt, Shaw and Mayor Van Valkenburg . STOH4 SEWER IIPROVEXENT NO. P-ST.S.-143 CONTINUED TO NOVENBER 18, 1974. Recall- ing that the public hearing for Storm Sewer Improvement No. P-ST.S.-143 which was proposed to solve a drainage problem in the back yards at 4620 and 4622 Bruce Avenue had been continued from October 21, Mr. Dunn showed snapshots of the pro- perty in question which he had talcen to determine the possibility of lov?ering the grade of the driveways between the two houses, rather than installation of the storm sewer. Avenue would necessitate the addition of another step down to the driveway and estimated the cost to be approximately $1,700. assessment for this solution would be less expensive for property owners than construction of the stom sewer which had been estimated*at $3,044.69. Dunn added that he had visited the site when there was a pond of water in the back yards ahd that the water had to be six inches deep before it can flow out. * Nrs. Jack Mertes, 4620 Bruce Ave. , said that they have water in their basement and that water comes up to her back door. She said that she has sand bagged her house and that she is tired of living with this problem, they would have put in a new driveway some years ago if it had not been fx this drainage problem. requested that the improvement be continued to spring so that neighbors could study a complete set of engineering drawings. Councilman Courtney's motion was seconded by Councilman Johnson and carpied, continuing the hearing to November 18, 1974, so that Cbuncil could make a field trip to the site and so that the Engineer can make further study of the problem. Hr. Dunn said that regrading of the driveway at 4622 Bruce. He explained that the area-wide Mr. *: Ers. Mertes said that Mr. Robert Colbert, 4625 Casco Avenue, said that he had not ' been aware of any problem. He, along with'Mr. John Benz, 4623 Casco Avenue, Following considerable discussion, ORDINAhCE NO. 811-A59 GPSiNTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Ordinance No. 811-A59 for First Reading as recommended by the Planning Commission. No discussion was heard. 811-A59 for First Reading as follows: Affidavits of Notice were presented Councilman Johnson thereupon offered Ordinance No. ORDINANCE NO. 8ll-AS9 AN ORDINPJCE &*BlJDING THE ZONIHG ORDINAXCE (NO. 811) TO DEFINZ AND REGULATE NONCONFORHING BUILDINGS AND SIGNS THZ CITY COUNCIL OF THE -CITY OF EDINA, IDCNE;I@SOTA, ORDAINS: Section'l. "1. .Prospective Operation of Zoning Ordinance. Paragraphs 1 and 2 of Section 12 of Ordinance No. 811 are hereby amended to read 2s follows: any nonconforming use may continue, subject to the provisions of paragraph 2 of this Section 12. For purposes hereof, the term 'nonconforming building' shall mean any building lavfully existing at the time of adoption of this Ordinance which building does not comply with all the restrictions imposed by this Ordin- ance, or any amndment hereto, governing size, height, setback, floor area ratio, lbt area, , yards and parking in .the zoning district in which such building is located. For purposes hereof, the term 'nonconforming use' shall mean any use of land or buildings lawfully existing at the time of adoption of this Ordinance which use does not comply with all the restrictions imposed by this Ordinance, or any amendment hereto, governing the zoning district in which such use is located. Any nonconforming building and 2, Nonconforming Buildings and Uses. (a) Alterations, Additions 'and Enlargements. A nonconforniing building shall not be added to, altered or enlarged in any manner unless such-nonconforming -build- ing, hcluding such additions, alterations and enlargements thereto, shall conform to all of the restrrctions of the district in which it is located. The foregoing shall not be deened to prohibit repairs to nonconforming buildings. (b) Relocation of Buildinas. No building shall be moved, in whole or in part, into or within the City, unless every portion of such building which is moved, and the use thereof, is made to conform to all of the restrictions of the district in which it is to be located. (c) Restoration of Damaged Building. A nonconforming building, or a building all.or substantially all of which is designed or intended for a nonconforming use, which is destroyed or damaged by fire, wind, earthquake, explosion or other casualty to the extent that the cost of restoration shall exceed one-half of the market value OE the entire building at the time of the casualty shall not be restored unless said building, and the use thereof, shall conform to all of the restrictions of the district: in which it is located. In the event that cost of restoration is less than one-half of .the market value of the entire building 284 11/4/74 a$ the tirre of the casualty, then the building may be restored without so con€orming, but if such restoration is not commenced within one year from the date of the casualty or is not diligently prosecuted to completion, then the building shall not be restored unless the building, and the use thereof, conform to all of the restrictions of the district in which it is located, If any nonconforming use of a building or land is discontinued for a period of one year, such use shall not thereafter be renewed and any subsequent use of such building or land shall conform to the restrictions of the district in which it is located. If the use of a building or portion thereof is changed from a nonconforming to a conforming use, such building or portion thereof may not again be used for a nonconforming use, The nonconforming use of a part of a building, or of land, shall n ot be expanded or extended to any other portion of such building or land, nor changed to any other nonconforming use." Section 2. age and publication, * . . (d) Discontinuance of Nonconforming Use. 1 (e) Expansion or Change of Nonconforming Use. This ordinance shall be in full force and effect upon its pass- KC CAULEY HEIGHTS 5TH ADDITION GRANTED PRELIl4UW.RY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Luce presented IIcCauley Heights 5th Addition for preliminary plat approval as recommended by the Planning Commission subject to the following contingencies: Widening of the proposed new road and cul-de-sac by five feet; The intersection with EIcCauley Trail be clear-viewed as this road mhets McCauley Trail on a bend. 1. 2. Mr. Thomas McCauley objected that widening the road would damge too many trees and requested that the road be constructed at the width propose'd on the plat, Victorsen plat t7ith 25 lots, it should be wide enough for this five lot plat. He added that a full 70 foot traveled-circle iE-necessary .for snow plOV7ing. Councilwciiian Schmidt then offe2ed the following resolution: arid moved its adoption : Xr. Dunn said bhat if a 26 foot roadway would be adequate for the RESOLUTION APPROVING IfC CAULEP HEIGKCS 5TH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled - 1, "NcCauley Heights 5th Addition", platted by Betty J. HcCauGy, and presented at the Regular Neeting of the Edina City Council be and is hereby granted preliminary plat approval subject to &e-following conditions : The intersection with McCauley Trail be clear-viewed; 1. on rollcall there were five ayes and no nays and the-resolution 17as adopted. CHRISTINE MANOR PRELININARY PLAT CONTINUED TO DECEMBER 2, 1974. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. corner of Interlachen Boulevard and Schaefer Road for preliminary plat approval, recalling that Council had determined no moratorium existed on building in this area, Dr, Ralph H. Boos, 5000So. Blake Road, objected to the plat, expressing concern for the orderly development of the zrea. Councilman Shaw recalled that the Planning Departmnt had suggested an East/l.Jest division of lots which sug- gestion aas not accepted by the developer. Following some discussion, Council- man Courtney's motion continuing the matter to December 2, 1974, to give the residents in the area an oppoitunity to work with the Planning Department on long range plans for the area 17as seconded by Councilman Shaw and carried. Fir. B. B. Nelson, Jr,, 5008 Schaefer Road, expressed his concern for granting i! road easement thru this plat. Mr. Luce presented Christine Manor, located generally at the Southeast HEl&?ZPIN COUNTY LIBRARY APPEAL OF BOARD OF APPEALS AND ADJUSTMENTS SIGN DECISION DENIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Luce presented the appeal by Hennepin County from the decision of the Board of Appeals and Adjustments denying approval of vari- ances for: 1. A 10 foot high cfgorior sign with two foot modular panels to be installed at the location of the existing sign Ats the Edina Community Library at 4701 $1. 50th Street; installed at the V. 70th Street parking lot entrance of the Southdale- Hennepin Area Library; 3. A 10 foot high exterior sign with two foot modular panels to be installed at the York Avenue parking lot entrance of the Southdale-Hennepin Area Library. 2. A 15 foot high exterior sign with three foot modular panels to be 111417 4 I' Mr. Luce reviewed the Sign Ordinance (Np. 415), stating that the following variances would be required for these signs: For 4701 U. 50th Street - 1) 10 foot setback variance; 2) 4 foot sign height variance; 3) Building identification sign erected bn the public right-of-way; 4) Minimum vertical clearance less than 10 feet for a sign within 25 feet of street and driveway intersection. For 7001 York Avenue (IJ. 70th Street side]. - 1) 2) - 9 foot sign height variance; 3) 60 square foot sign area variance; 4) Buildihg identification sign erected on the public right-of-way. For 7001 York Avenue (York Avenue side) - 1) 4 foot sign height variance. Council was advised that the signs have already been fabricated but that Mr. James Griggs of Leroy Sign and Mfg. Co. had been informed that a variance would be necessary prior to fabrication. for a variance listed in the sign ordinance, all of which must be proven by the appellant: 1) There are no exceptional or extraordinary circumstances applicable to the property or to the intended use that do not apply generally to other property in the same vicinity and zoning district; 2) The variance is necessary for the preservation and enjoyment of substantial property right possessed by other property in the saqe vicinity and zone, but which is denied to the property in question; That the strict application of the ordinance would constitute an unnecessary hardship; and 4) variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone in which the property It v7as pointed out that the proposed signs are composed of panels, sOme of which contain language advertising the Libraries. said that Edina's ordinance is more stringent than sign ordinances of most other municipalities, but that he did not belieye that governmental agencies should be given any preferential treatment. Councilman,Johnson said that he did not believe that there was any justification for setting a precedent by approving these signs and said that the proposed sign would be out oEcharacter with the architecture of the'Edina Cornunity Library. Mr. Robert Rohlf of Hennepin County said that the existing sign at the Edina Community Library does not met the requirements of the Sign Ordinance and that it cannot be read after an accumulation of snow. erected 'n'efore the adoption of the present ordinance and w'as consxdered a "non-con5orming sign", Library was not in a residential district and, therefore, the Ordinance Eor signs in the R-1 Residential District should not be applicable. He clarified that,the County had spent $86,000 for a uniform sign program for identification at all twenty-four Hennepin County Libraries and that a larger sign is needed for a building the size of the Southdale-Hennepin Area Library on a 9% acre site. Center at that location. Architect, suggested that Office Building Zoning would be more appropriate for the Southdale-Nznnepin Area Library. sms would be ten and fifteen feet high and that eight feet is the maximum height permitted in the Office Building District. discussion, Councilman Courtney moved that the requests €or variances be denied because the County did not prove all of the four criteria listed in the sign ordinance, v7ith the proviso that the County talk to the Planning Dapart- mmt about the possibility of making the Southdale-Hennepin Area Library signs conform with ;Igns permitted in the Office Building District. burg commented that the precedent factor and the building into the right-of- way are important. He clarified further that some of the requests should be made as a request for ordinance changes rather than for variances, because they are so major in character. Motion of Councilman Courtney was seconded by Councilman Johnson' and on rollcall there were five ayes and no nays and the motion carried unanimously. 10 foot setback variance; Council reviewed the four following criteria 3) That the granting of the ' is located. Councilman Courtney He was advised by Mre Shaw that the sign v7as Mr. Rohlf contended that the Southdale-Hennepin Area He also spoke of the need to identify the new Hennepin County Service Mr. William Schroeder, Hennepin County StafE Mr. Sand pointed out that che requested Following considerable Mayor Van Valken- PURCWSE OF LOT 7, PARJWOOD KNOLLS 13TH ADDITION CONTINUED TO DECEMBER 2, 1974.. Mr. Lloyd Cherne, 5704 View Lane, recalled that on August 19, 1974, Council had authorized a feasibility' study for extension of Camelback Drive thw the park to Vernon Avenue. Mr. Cherne advised Council that the option to purchase Lot 7, Parkwood Knolls 13th Addition will run out next week and suggested that the property be purchased by the City at this ti=. He advised that Mr. Rosland had said that the park is not used very much because access is so difficult. Councilman Johnson,said that he believed that it is premature to purchase the lot until HUD's requirements are knoifn. believe that the substitution of land requiremznt can be saived. that the procedural steps under which HUD operates require a land substitute which is equivalent in usefulness, location and current fair market value. Mrs. Helen McClelland said that the road proposed by Mr. Cherne goes thru two HUD parcels. permission must be given by the Secretary of HUD for road construction before Mr. Erickson said that he does not He explained She read from "Grants for Open Space Land", which indicated that c 2'8 11/4/74 b land substitution can be considered. She added that this idea for a road thru the park had been previously suggested in the neighborhood before it was brought up in August and had been opposed by llr. Cherne's neighbors on View Lane. man Courtney suggested referring the matter to the Nine Mile Creek Watershed Dis- trict to see whether they would approve construction of the road, gested that the Nine Mile Creek Watershed District would want an engineering study before making such a decision. Courtney, lir. Hyde recalled that lfessrs. Luce.and*E~~clCsl)nrlm0~:-Filit6 . . : I .:. Allen Anderson of HUD subsequent to receipt of Nr. Cherne's letter and subsequent to Council's comments that the suggestion was worthy of further investigation. Hr. Hyde assumed full responsibility for the delay in action on the matter because he said he purposely wanted to"see'what else would happen. that an all-day staff meeting has been set up away from the office so that the staff could study the matter together without any interruptions. Carlson, 5705 Schaefer Road, urged that action be taken promptly to relieve the traffic situation %$ich is dangerous for children by his house, Bayor Van Valkenburg, Councilman Courtney then moved that the matter be continued to December 2, 1974, so that Council can have an opportunity to study the staff report. Council- Mr. Dunn sug- In response to a question of Councilman .* . He recalled Mr. Warren As recommended by Motion was seconded by Councilman Johnson and carried. ST. PATRICK'S CATHOLIC CHURCH BINGO LICENSE APPROVED. Notion of Councilman Courtney was seconded by Councilman Shaw and carried, authorizing a Bingo Lic- ense for St. PatricI2s Catholic Church for November 10, 1974. DENNIS T.TEGNER FAMILY BICYCLE PATH CONMENDATION NOTED. from the Dennis Wegner family for the Bredesen Park Bicycle Paths was noted by A letter of appreciation Council and ordered placed on file. GOPHER CAB CmlPANY LICENSE DENIED. Gopher Cab Company had been continued from October 7, 1974, so that the per cap- . ita number of cabs could be investigated in other suburbs and so that residents would have an opportunity to contact the City if they thought additional cabs were needed. 3lr. Hyde referred to a letter from Mr. Erickson on the ordinance provis- ions which stated, in part, that "the Manager, if he is satisfied that 'the public convenience and good order will be served thereby,' may grant a license to all applicants who qualify under the ordinance", and that the Council may adopt a resolution limiting the number of licenses and the number of taxicabs to operate within the city. Mr. Hyde referred to a tabulation of the number of cabs oper- ating in other suburban municipalities which indicated that Edina, with ninety- one licensed taxi cabs, has more cabs licensed than any of these municipalities. He advised that on at least two occasions, drivers of Gopher Cabscompany had been solicitating business at Southdale without a license and that a ticket had been issued to one of their drivers at Southdale'on October 28. Council's attention was called to a letter from Ms. Marie M. Halvorson, 3201 Heritage Drive and a card from 3k. Carl Holmstrom suggesting that another-cab company be licensed. Mr. Robert Carr of Gopher Cab Company was told by Mr. Ericlcson that unlicensed cab companies can" deliver passengers into Edina but could not pick up passengers unless a-return trip had been prearranged by the same passenger. recommended by the City Manager, Councilman Courtney's motion to deny the license x-7as seconded by Councilman Shaw and carried. Councilman Courtney said that if Gopher Cab Company reapplied for a license at a latter date, it would again be determined if additional taxicabs were needed.in the City. Mr. Hyde recalled that the application of As NORTHERN STATES POHER RATES DISCUSSED, Attorney of St. Paul, asking of Edina was interested in joining them in opposition to a proposed rate increase of Northern States'Power Co. It was informally agreed that Mr. Hyde would write letters and that Cauncilman Courtney would take the matter to the League of Ninnesota Municipalities and the IIetropoIitan League of Municipalities for additional information. CANVASSING BOARD APPOINTED -FOR GENERAL/CITY ELECTION, As recommended by the City Clerk, Councilman Courtney's motion was seconded by Councilman Shaw and carried, appointing Nessrs. Gary Vest, Thomas Melena, I?'. Ralph Hines, H. Austin Tucker and Samuel Mobley to serve as the Canvassing Board for the November 5, 1974, General/City Election. PROCLAIfATIONS AND RESOLUTIONS DISCUSSED. ion in the adoption of proclamati'ons and resolutions requested with commercial connotations. It was generally agreed that no action should be taken on requests of this type, even though they appeared to be for a good cause. Nr. Hyde referred to a letter from the I Mayor Van Valkeriburg asked for direct- 11/4/74 28% I PARK BOARD/PLA"ING COMMISSION AWARDS DISCUSSED. that, at the meeting of October 21, 1974, he had suggested that Mr. Luce and 14r. Rosland discuss some type of recognition to be made for outstanding devel- opments or buildings and for outstanding personal s&.wice to the City. Luce explained that the difference~wak that he was proposing to identi€y only a few buildings, whereas the Park Department was pnoposing to honor a consider- able number of individuals. Councilman Courtney said that he did not believe that this should be an expensive award and suggested the award of a small Edina flag or certificate for individuals and a 3' X 5' flag for outstanding buildings or developments. It was generally agreed that such recommendations should be presented to the Council for approval and that any award should be made by the Council. No formal action was taken. Mayor Van Valkenburg recalled 11r. GOVERNMl3NTAL COMMISSION REPORT CONTINUED FOR REVIEW. Motion of Councilman Johnson was seconded by Councilman Shaw and carried, continuing the Governmental Commission Report for study and review. following resolution and moved its adoption: RESOLUTION OF APPREXIATION SJHEREAS, the Edina Governmental Commission was appointed by the Edina City Council on March 19, 1973, to study the Edina form of government and make sug- gestions for the efficiency and betterment of all local governmental operations; and 'I.IHEREAS, the Governmental Commission has now submitted a detailed-report to the City Council as requested; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council express its gratitude for the many hours of diligence and deliberation in the preparation of this report; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies of this Resolution be presented to blmes. Virginia Bodine and June Schmidt, Messrs. Prank Bonello, Allen Brosius, Robert J. Crabb, William F. Greer, Samuel F. I4cGovan, Lawrence W. Rixe , James G. Rose , John W. Windhorst , Sr. , Jack Yarger and to Chairman Kermit H. Wilson. Motion for adoption of the resolution was seconded by Councilman Courtney and unanimously carried. Councilman Johnson then offered the SUES IN INDUSTRIAL DISTRICT HF,ARIhG DATE SET. As recommended by Mayor Van Valkenburg, Councilman Courtney's motion was seconded by Councilman Shaw and carried, setting November 18, 1974, as hearing date for an amendment to the Zoning Ordinance, permitting temporary sales in the Industrial District. SPLIT LIQUOR ELECTION ORDERED. permitting sale of liquor by the drink in the City and which would permit the issuance of on-sale liquor licenses in'the area bounded by T.H. 100 on the East, Cahill Road on the West, Dewey Hill Road extended on the North and West 78th Street on the South. Mr. Hyde explained that, in addition to the license fee, an investigation fee of $1,500 is proposed along with an annual permit for. anyone working in the establishment. Mr. Erickson explained that the existing provisions relating to the two Club Liquor Licenses and the On-sale Beer Lic- enses have been retained. of Edina Baptist Church and had discussed the ordinance with him. advised of a letter from the Rexzerend Arthur A. Rouner, Jr., expressing opposi- tion to split liquor in Edina. spoke of his concern for this "fundamental change in the attitude of the City". He was told by Councilman Courtney that, as a result of the petition, the Council was forced to hold the election. Hayor Van Valkenburg explained that a public hearing V70Uld be held to discuss the details of the ordinance. man representing the Biltmore Motel was told that the patrol limits proposed in the ordinance would preclude the Biltmore Motel. Mr. Steven Wineck, represent- ing the Radisson South, was told that he and any others with questions or comments should discuss these matters with Nr. Erickson. 14r. Erickson clarified that even if a majority vote in favor of split liquor is cast, it would still be up to the discretion of the Council as to whether or not to issue the licenses. Following considerable discussion, Councilman Courtney offered the following resolution and moved its adoption: Mr. Hyde presented a draft of an ordinance Mr. Hyde recalled that he had met with the pastor Council was Dr. Rouner also was present at the meeting and A gentle- RESOLUTION WHEREAS, municipalities are authorized by law to issue "on-sale" licenses to hotels and restaurants while continuing municipal dispensaries for the sale of intoxicating liquor; NOI.7, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF EDINA, 14INNES(rrA: 1. That pursuant to Minnesota Statutes, Section 340.353, Subdivision 5, and Minnesota Statutes, Section 340.14, Subdivision 5, a Special Election shall be held in the City of Edina on the 4th day of February, 1975, from 7:OO a.m. to -288 11/4/74 \ 8:OO p.m., at which the following propositions shall be submitted to the voters: SPLIT LIQUOR QUESTION ?'Shall the City of Edina, Minnesota,&ontinue the sale of liquor at municipal dispensaries andbe authorized to issue "on-sale! liquor licenses to a private person or persons for the sale of intoxicating liquors in confiunction with a hotel or restaurant as defined in Minnesota Statutes, Section 340.07?" and SUNDAY LIQUOR QUESTION "Shall the City of Edina, Minnesota, be authorized to issue licenses to sell intoxicating liquors bef&en the hours of 12 o'clock noon and 12 o'clock midnight on Sundays, in conjunction with the serving of food, to establishments to which 'on-sale' licenses have been or may hereafter be issued for the sale of intoxica- thg liquors, which are hotels, restaurants, or clubs as defined in Minnesota Statutes, Section 340.07, and which have facilities for serving not less than 30 guests at one time?" 2. supplies, give proper notice, and arrange all other details required for the election and the submission of the above proposition to the voters. Motion for adoption of the resolution was seconded- by Councilman Shaw and on roll- call there were five ayes and no nays and the- resolution was adopted. Courtney's motion ~7as then seconded by Councilwoman Schmidt and carried that a revised draft of the proposed ordinance be presented-to Council on December 2, 1974, and that a hearing be set for January 13, 1975, for consideration of said ordinance. That the City Clerk shall prepare the necessary ballots and other election Councilman ORDIWE NO. 107-A1 GRANTED FIRST READIhG. Councilman Courtney offered Ordinance No. 107-A1 for First Reading as follows: As recommended by the City Nanager, ORDINANCE NO. 107-A1 AN ORDINANCE AI*ENDING THE ORDINANCE ESTABLISHING A MCYCLIhG COIDESSION BY INCREASING THE NUMBER OF NEIIBERS OF THE COMHISSION TO SIX AND BY STAGGERIhG THEIR TERNS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: f OllOI?S : appointed by the Mayor with the consent of a majority of the Council. the Commission shall be residents of the City and shall be appointed with due regard to their fitness for the ffficient dispatch of the duties imposed upon the Commission. Commission. except that the first Commission appointed shall have three members appointed for only one year each. continue to serve until that person's successor shall have been appointed and approved by the Council. to the expiration of the term for which that person's predecessor vas appointed shall be appointed for the remainder of such term. of the Environmental Quality Commission expires, or such member vacates the office, the term of that member on this Commission shall likewise end. 1.Iembers of the Com- mission may resign voluntarily, or be removed fro, office by majority vote of the Council, or may automatically be removed from office pursuant to Ordinance No. 162." publication. Section 1. Section 3 or Ordinance No. 107 is hereby amended to read as "Sec. 3. Nembership. The Commission shall consist of six members, all Members of I One member shall be a member of the Edina Environmental Quality 1-kmbers' a5 the"CoinmissianlzsEa&l bh :appointed for terms of two years Upon the expiration of a term of office, a member shall Any person appointed to fill a vacancy.occurring prior Whenever the term of a member Sec. 2. This drdinance shall be in full force and effect upon its passage and LOT 6, BLOCK 2, TIHGDALE BROS. BROOICSIDE SAER AND WATER CONNECTIOIIS TO BE ASSESSED. -ing resolution and moved its adoption: BE IT RESOLVED that the Edina City Council authorize the connection for Lot 6, Block 2, Tingdale Bros. Brookside, to Sanitary Sever Improvemznt No. SS-30 at a cost of $240.00 and to flatermain Improvement No. IJM-32 at a cost of $338.50; ?and BE IT FURTHER RESOLVED that thesiXconn6ktgoIis be-~ss~sseb~against-L6t 6; Block 2, Tiiagdale BiioSs Bfooictdde; &e5 IGotion for adoptibn of the resoldtion vas seconded by Councilman Johnson and on rollcall there were five ayes and no nays and the resohtion was adopted. As recommended by Mr. Dalen, Councilman Courtney offered the follor.7- RESOLUTION period of six years at 5% interest. LIQUOR FUND AS OF SEPTEHDER 30, 1974, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Councilman Courtney and carried. IJ-NPAU) PROPXRTY TAXES DISCUSSED. article which had appeared in the Minneapolis Star on October 28, 1974, giving the percentage of unpaid property taxes in sow Hennepin County idunicipalities. Edina had not been included in the list, but Pfr. Hyde advised that 1.91% of 14r. Hyde called Council's attention to an ' ' 11/4/74 I 289 Edina's general property taxes and 3.86% of Edina's special assessments are unpaid for 1974. m HENNEPIN COUNTY LAYOUT 23B (COUNTY ROAD 18) APPROVED SUBJECT TO CERTAIN CONDITIONS, Mr. Luce recalled that on October 21, 1974, Council had continued approval of Hennepin County Layout 23B for the section of County Road 18 North b> 14aloney Avenue, so that property owners could meet and receive additional information to help them decide whether or not they wanted to be relocated , and that, since that time, Hennepin County had held a meeting €or the area and had advised residents of the manner in which relocation would be handled. 14r. Dunn pointed out that the County proposes to leave the houses on Washington Avenue and that the County had estimated that, with a noise barrier, the noise will not be any worse in ten years than it is now. He added that the road will be constructed in such a manner that some residents will be looking at a 21 foot wall 60 or TO feet from their front door. ington Avenue houses are removed, the Adams Avenue residents will want a wall constructed between their property and the freeway. Mr. Curtis Rothe, owner of 315/313 Vashington Ave. S., said that he had polled residents of the area and that residents wished to be relocated on a ratio of three to one. Councilman Johnson said that 60% of the affected properties along Washington Avenue are double bungalows and 40% are single family residences. believed that the noise from the freeway will increase to a point where people wi-11 not want to live on Washington Ave. Mr. Luce said that property owners aill not lose financially if relocated under the Relocation Act. He explained that residents V70Uld be paid'a fair market value for their property, moving costs are paid and the County would pay any differential in the mortgage rate that property owners are now paying ahd the rete they would have to pay for a nev7 mortgage. Nr. Luce said- that construction T.70Uld cause dust and inconven- ience to those living along the freeway during its construction. Cashin, 405 Washington Ave., ob'jected that he could not buy another acceptable home €or what he would be paid by the County if his home is taken. He said that if the City would guarantee that he would not lose financially, he would be will- ing to move, provided he could find a comparable house in a comparable neighbor- hood. Councilman Courtney contended that it is not fair for Council to ask any- body to leave his home when he does not want to leave. Chairrnan,of the Human Relations Commission, said that Edina should save as much low cost housing as possible and expressed concern for those who would be forced to move against their will. Hr. David E. tlest, 323 Washington Ave. S., expressed concern about truck traffic on the Frontage Road if his house is not taken. Following considerable discussion, Councilman Johnson offered the following resolution and moved its adoption: Mr. Dunn suggested that, if the Wash- He said that he Mr. Robert Mrs . Meredith Hart, Mr. Ray Larson said that his mother does not want to be relocated. RE SOLUTION NHEREAS, Layout 23B fo'r &AH 18 Project No. 6742 showing the proposed alignment for the construction of County State Aid Highway No. 18 within the limits of the City of Edina as a Federal Aid Project have been prepared and presented to the City of Edina: NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that, contingent on the amending of said Layout 23B to include the acquisition of all adjacent residential properties, relocation of residents and removal of structures located within the limits of the City of Edina, the alignment proposed by said Layout be approved and the County is hereby authorized to acquire the rights-of- way on the basis of said layout as amended. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes with Councilman Courtney voting "Nay" and the resolution was adopted. OPEN WETING LAW DISCUSSED. Lak7 of the Attorney General which stated that a purely social event at which no public business is discussed is permitted under the law. CITY MANAGER TO ATTEND II;SE3ECING ON POLICE AND FIRE VAGES AND HOURS. Councilman Courtney's motion vias seconded by Councilman Shaw and carried, authorizing the City Manager to attend a strategy planning session on November 21 in Wash- ington, B.C. on the subject of fire and police wages and hours. This maeting was called by the National League of Cities to discuss proposed regulations governing police and firemen under the Fair Labor Standards Act of 1974, Mr. Hyde's expenses will be paid by the League of Minnesota Municipalities. Mr. Hyde referred to an opinion on the Open Meeting SIEMMING POOL CONCRETE DECK REMOVAL APPROVED. As recommended by Hr. Hyde, Councilman Johnson's motion was seconded by Councilman Courtney and.carried, awarding bid €or removal of the concrete deck of the swimming pool, as the 290 11/4/74 * c first phase of reconditioning the pool, to Arnold Beclcman, Inc., low bidder at $3,905.00. High bidder was Victor Carlson & Sons at $7,450.00. 1974 CITY AUDIT CONTINUED. Ernst to audit the City's books for the year 1974. seconded by Councilwoman Schmidt and carried, continuing the matter to November 18, 1974, so that Nr. Dalen's recommendations could be heard. Pir. Hyde advised Council of the request of Erns.t & Councilman Shaw's motion was 14. 58TH STREET STORH SEVER BIDS AWLRDED. As recommended by Mr. Dunn, Council- man Shaw's motion was seconded by Councilman Courtney and carried, awarding bids for two catch basins at W. 58th Street between Fairfax and St. Johns Avenues to G.L. Contracting at $2.,484. at $3,224.25. SALE OF 6444/6446 XELXES AVENUE APPR6VED; BIDS TO BE TAKEN. Hr. Dunn, Councilman Courtney offered the following resolution and moved its adoption : I High bidder vas Q.R.S. Contracting Go. As recommded by RESOLUTION BE IT RESOLVED that the Edina City Council authorize Advertisement for Bids for the sale of the double bungalow located at 6444/6446 Xcrxes Ave. S. 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. CLAIMS PAID. Motion of Councilman Johnson was seconded by Councilman Shaw and carried for payment of the following claims as per pre-list dated November 4, 1974: General and Revenue Sharing, $48,995.92; Construction Fund, $480.00; Park Funds, $71,747.74; Water Fund, $32,917;36; Liquor Fund, $107,487.17; Sewer Fund, $43,119.04; Improvements, $882,953.90; Total, $1,187,701.12. No further business appearing, Councilman Johnson's motion for adjournment 17as seconded by Councilman Courtney and carried. Adjournment at 10.:35 p.m.