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HomeMy WebLinkAbout19750818_regular8 j13f 75 RESOLUTfON ORDERING I3IPROVEMENT NOS. STELEET IMPROVEMENTS NOS. BA-2 11, BA-2 12, C-118 DKN&lENTAL STR3ET LIGHTING NO. L-13 WATBlUiAIN IPPROVEMEflT lfil-29 7 SANITARY SElfER I$Z'ROVEEENT SS-326 STORN SEWER IWROVEEIENT SI': S- 146 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council -heretofore caused notice of hearings to be duly published and mailed to owners of each parcel within the areas proposed to be assessed on the foliowing proposed improvements : 1. 2. 3. 4. 5. 6. 7. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CU33 AXD GUTTER Dale Avenue from 17. 56th Street to T?. 57th Street. ING : Tamarac Lane from Vernon Avenue to 684' North Oak Lane from Grove Street South to Cul-de-sac Oak Lane from Grove Street South to Cul-de-sac Oak Lane from Grove Street South to Cul-de-sac Oak Lane from Grove Street to Cul-de-sac Oak Lane from Grove Street to Cul-de-sac IMPROVENENT NO. BA-212 IN THE FOLLOWING: CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IEPROVEPENT NO. L-13 IN THE FOLLOW- U CONSTRUCTION OF GRAVELING LHPROVEMENT NO. C-118 IN THE FOLLOWING: CONSTRUCTION OF WATERMAIN IEfPROVEEIENT NO. tGI-297 IN THE FOLLCWNG: CONSTRUCTION OF SANTTARY SEWEB INPROVENEhTT NO. SS-326 IN THE FOLLOWING: CONSTRUCTION OF STORM SEWER IbPROVELhIENT NO. ST.S-146 IN THE FOLLOWING: .. CONSTRUCTION OF STREET IMPROVENENT BA-211 IN THE FOLLOWING: and at the hearing held at the time and place specified in said notice, the Coun- 1. . cilhas duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con-' struction of said improvements as described in the published notices of said heariizg except that with respect to Improvement No. BA-212, curb and gutter shall be eliminated from the project, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows : No. I Above STREET IMPROVEMENT NO. BA-212 No. 2 Above STREET LIGHTING IMPROVEMENT NO. L-13 No. 3 Above GRAVELING Ilr-IPROVEEIENT NO. C-118 No. 4 Above WATERMAIN IMPROVEMENT NO. T*M-297 No. 5 Above S-ANITARY SEI?ER IMPROVEMENT NO. SS-326 No. 6 Above STORM SEWER IMPROVEMENT NO. ST.S-146 No. 7 Above STREET IMPROVXi3NT NO. BA-211 and the area proposed to be specially assessed for Street Improvement No. BA-212 shall include Lot'2, Block 5, Nelody Knolls 3rd; Lots 1 through 5, inclusive, Block 1, and Lots 1 through 6, inclusive, Block 3, Melody Knolls 6th AGdition; the area proposed to be assessed for the cost of Ornamental Street Lighting Improvement No. L-13 includes Lots 2 through 11, inclusive, Block 4, Gleason 2nd Addition, and Lot 1, Block 1, Gleason Addition; the area Froposed to be assessed for Graveling Improvement No. C-118, Watermain Improvement No. WM-297, Sanitary Sewer Improvement No. SS-326, Storm Sewer Improvement No. ST.S-146 and Street Improvement No. BA-211 includes Warden Acres, Austin Replat. 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. ORDINANCE NO. 811-A65 GRAcUTED FIRST READING. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Luce pre- sented the request of Mr. Calvin K. Katter to rezone the West eight feet of Lot 1, Block 1, Vic Adams Addition (3945 W. 49th Street) from R-1 Single Family. Residence District to R-2 Multiple Residence District, which eight feet will then be added to an adjacent 75 foot wide R-2 lot to allow better access to the rear yard. Councilman Courtney then offered the following ordinance for First Read- 2ng as follows: .. I ORDINANCE NO. 811-A65 AN ORDIN,UCE'&fENDING THE ZONING ORDIhTANCE (NO. 811) BY ADDING TO THE MJLTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: *- Section 1. "The extent of the Multiple Residence District is enlarged by the addition The West 8 feet of Lot 1, Mock 1, Vic Adams Addition, which is fn sub- district R-2. " Sec. 2. and publication. Paragraph I of Section 4 of Ordinance No. 811 of the City is mended by adding the following thereto: of the following property : This ordinance shall be in full force and effect upon its passage 8/18/75 I LOT I, ELOCK I, VIC ADAMS ADDITION. LOT DIVISION APPROVED. Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION 0 00 p3 w W 141-IEREAS, the following described tracts of land are now separate parcels: WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels": Lots 1 and 2, B. H. Adarns Addition; and Lot 2 and the West 8 feet of Lot 1, V. H. Adams Addition; and Lot 1, V. H. Adams Addition, except the West 8 feet thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 811; NOW, THEREFOm, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of-land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. 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. -1 ORDINANCE NO. 811-A66 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Ordinance No. 811-A66 for First Readirig, advising that this ordinance would preclude aonstruction of a Fotomat type of building which only clutter up park- ing lots and use up par'cing spaces. He assured Councilman Richards that this ordinance would apply only to free-standing buildings and would not limit the size of small shops under one roof. Councilman Courtney then offered Ordinance Affidavits of Notice were presented Mr. Luce presented * No. 811-A66 for' First Reading as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 811 BY ADDING A MINIMUM BUILDING SIZE TO THE C-I, C-2, C-3 AND C-4 COMMERCIAL DISTRICTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: 811 is hereby amended by adding the folloying thereto: Section 1. Paragraph 8 of Section 9 (Commercial District) of Ordinance NO. D. Minimum building size: ?? 1. In Districts C-1, C-2, C-3 and C-4 the minimum size for any build- ing for principal uses shall be 1,000 square feet of ground floor area totally enclosed by 'four walls and a roof. 2. Except ions : a. b. Public utility structures.- c. Trash storage structures. d. Governmental structures. e. Structures for accessory uses herein defined. Any combination of attached buildings which form a compact, integrally designed, structure, and which in the aggregate contain at least 1,000 square feet of ground floor area. and publication. Councilman Richards expressed his opposition to the ordinance. BROWN'S ADDITION OF EDINA GRANTED PRELIMINARY PLAT APPROVAL. ice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Brown's Addition of Edina for preliminary plat approval as recommended by the Planning Commission with the stipulations. that a develop- er's agreement be entered into for the cul-de-sac and that $1,400 be donated as a fee in lieu of parkland dedication. Shaw offered the following resolution and moved Its adoption: Sec. 2. This ordinance shall be in full force and effect upon its passage Affidavits of Nct- . No ob j ections being' heard , Counc-ilmn .. WSOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO BROWN'S ADDITION OF EDINA BE IT RESOLVED by the Edina City Council that that certain plat entitled "Brown's Addition of Edina", platted by Paul Brown, and Patricia Broim, husband and wife, and presented at the Egina City Council Neeting of August 18, 1975, be and is hereby granted preliminary approval-. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. BRAEMAR HILLS 8TH ADDITION GRANTED PRELIPIIKARY AN3 FINAL PLAT AFPROVAL. Affida- vits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Braemar Hills 8th Addition, located generally North of I?. 78th Street and East of Gleason Road, for preliminary and final plat approval. Block 6 of Braemar Hills 7th Addition, is the only undeveloped lot remaining in the "Hills of Braemar" townhouse development and that the proponents are request- ing to move that building site to the East side of the private road for mortgage purposes and to allow more open space between the structures. Nr. Luce explained that, if constructed as originally platted, the units on Block 6 would be crowded between those on Blocks 5 and 7 and would be built on an extremely high bluff, visible from Gleason Road. He said that the parkland dedication requirement has already been met and no additional grading will be necessary. The Planning Commission had recommezlded approval because no additional buildable lots would be created and because the overall site layout would be improved. Mr:Luce assured Mr. Hyde that Hyde Park Development Company had been notified of the proposed plat and asked that the record show that there will be no further grad- ing of the hill which goes down to the Hyde Park Development site. discussion being heard, Councilman Courtney offered the following resolution and moved its adoption: He stated that the property in the proposed subdivision, presently. I No further RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL OF BRAEMAR HILLS 8TH ADDITION BE IT XESOLVED by the Edina City Council that that certain plat ~IIO~M as "Braemar Ells 8th Addition, platted by Village Associates of Edina, Inc., a Xnnesota corporation, and BanCal Tri-State Mortgage Company, a California Eorporation, and First Bloomington Lake National Bank of Minneapolis, a national banking associ- ation, and presented at the Edina City Council Meeting of August 18, 1975, be and is hereby granted preliminary and final plat approval. Hotion 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. .. .. .) j- NETROPOLITAN TRANSIT COMMISSION HEARING NOTED. Council was advised that the Hetropolitan Transit Commission will conduct two public hearings on the proposed five cents increase in the surcharge applied to freeway express bus service. The meetings will be held on August 26, at 7:30 p.m. in the Bloomington City taken. I) .Hall and on August 27 at 7:30 in the Maplewood Fire Station. No action was ROUSHAR SQUAXE PLAT RESCINDED; ZONING TO REVERT TO R-1 SINGLE FAMILY DISTRICT. Mr. Erickson recalled that Roushar Square had been grarrted final approval on December 17, 1973, subject to certain conditions, but that none of the conditions had been met. He advised that both Darrel A. Farr Development Corporation and the First Wisconsin National Bank had relinquished any right, title and interest in the proposed platting of Roushar Square, as well as any underlying zoning permits, uses, deposits, fees and other charges which may have been delivered'or presented to the City in connection with the plat, and have asked that action of the Council approving the plat of Roushar Square be rescinded. by- Mr. Erickson, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council rescind its approval of Roushar Square which was granted on December 17, 1973, and acknowledge the lapse of zoning which has reverted to R-1 Single Family District. Notion 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. Mr. Erickson recalled that the City still holds a letter of credit for the Roushar Square plat for $18,000 for payment of cash in lieu of parkland dedication. Councilman COURTNEY'S M9TION authorizing return of the letter of credit aod auth-. orizing negotiations with the baak on the interest due was seconded by Councilman Shaw and carried. As recommended FOUNTAINWOOD APARTMENTS TO BE COMPLETED. Fountainwood Apartments have been taken over by the Eberhardt Company and that the buildings will be completed. TRAFFIC SAFETY COMXITTEE MINUTES OF AUGUST 12, 1975, APPROVED. Councilman Shaw's motion accepting the Traffic Safety Committee Minutes of August 12, 1975, and approving the following action was seconded by Councilwoman Schmidt and carried: I. NO PARKING, SCHOOL DAYS, 8 A.M.-4 P.M. restriction on Southview Lane next to the designated "smoking area" by the school. 2. Installation of a CURVE sign and advisory speed sign of 20'MPH for Valley View Road at Dakota Trail. Mr. Hyde advised Council that the 8/18/75 1.9 '3 CD Q 00 cL7 w 3. , 4. Request Ninnesota Highway Department to conduct a speed study to lower speed limit on W. 78th Street from Cahill Road to Hennepin County a18 from 50 MPH to 35 MPH. Striping of traffic lanes Southbound on Tracy Avenue in vicinity of Creek Valley Baptist Church and that the church 'improve its driveway radius to allow easier turning moment into the driveway from Tracy Avenue. Councilman Shaw thereupon offered the following resolution and moved its adoption as recommended by the Traffic Safety Committee: RESOLUTION REQUESTING MINNESOTA HIGHWAY DEPARTMENT TO DECREASE SPEED LIMIT ON W. 78TH STREET BETWEEN CAHLLL ROAD AND HENNEPIN COUNTY NO. 18 WHEREAS, W. 78th Street has a speed limit of 50 miles per hour at the present time; and WHEBFAS, it is no longer a state highway, having been turned back to the City of Bloomington and the City of Edina; NOW, THEREFORE, BE IT RESOLVED that the City of Edina requests that the Minnesota HIghway Department conduct a survey to determine the desirability of decreasing the speed limit on West 78th Street between Cahill Road and Hennepin County Highway #18 from 50 to 35 miles per hour. 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. Councilman Courtney reiterated his reservations on the establishment of the smoking area" between Edina East Upper and Lower Divisions. 1' MORNINGSIDE AREA WATER STUDY PEESENTED. Mr. Dunn referred to the completed Morningside area water study which had been given to Council for its review. action was taken. No STREET IMPROVENENT NO. A-175 TABLED. As recommended by Mr. Dunn, Councilman Shaw's motion was seconded by Councilman Courtney and carried tabling setting hearing date on Street Improvement No. A-175 (Malibu Drive) until the result of the Grand View Cemetery suit is known. OLD COUNTY ROAD'62 WEST OF COUNTY ROAD 18 STREET VACATION HEARING DATE SET. As recommended by Mr. Dunn, Councilman Courtney offered the following resolution and moved its adoption: . RESOLUTIOR CALLIMG PUBLIC HEARING ON OLD COUNTY ROAD 62 STREET VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 5. of owners of land abutting thereon, that the following described street should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: I . It is hereby found and dtermined after receipt of the petition of a majority That part of the Southwest 1/4 of the Southwest 1/4 of Section 31, Township 117, Xange 21, lying Southerly of the Easterly extension of the Southerly right-of-way of Westward Way as platted i6 DATA 100 1st ADDITION, according to the record plat thereof, Hennepin County, Minnesota, and lying West of a line drawn parallel to and 33.00 feet East of the following described line : Commencing at a point on the West line of said Section distant 1320.54 feet North of the Southwest corner thereof; thence run South along the West line of said Section for a distance of 33.04 feet to the point of. beginning of the line to be described; thence continuing South along said West line a distance of 258.92 feet; And that part of said Southwest 1/4 of the Southwest 1/4 of Section 31, lying Easterly of the West line of said Section 31 and lying 33.00 feet on each side, as measured at right angles to and parallel with the following described line: Beginning at the point of terminus of the last described line; thence deflect left from said'West line of Section 31d along a tangential curve having a radius of 381.97 feet (del-ta angle 41 32') for a distance of of 276.89 feet; thence tangent to said curve for a distance of 3.'89 feet; thence deflect right along a tangential curve having a radius of 383.15 feet (delta angle 44' 20') for a distance of 296.47 feet; thence tangent to said curve for a distance of 162.41 feet; thence deflect right algng a tangential curve having a radius of 122.36 feet (delta angle 98 10' 18") for a'distance of 209.64 feet; thence tangent to said curve for a distance of 50 feet more or less to the west line of said Section and there terminating. . The side lines of the above described land are to be lengthened or shortened as to terminate on said best line of Section 31. . 8/ 18/85 2. included in.paragraph 3 hereof for the purpose of holding a public hearing on whether such street vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places t~ithin the City, as provided in Minnesota Statutes, Section 412.851. This Council shall meet at the time a.nd place specified in the form of notice ' Such notice shall be in su3stantially the following form: D. (Official Publication) CITY OF EDINA 4801 w. ~OTH STREET EDINA, MINNESOTA 55424 . ,/ NOTICE OF PUBLIC HEARING ON YACATION OF PORTIONS OF OLD COUNTY ROAD 18 AND OLD COuiilTY ROAD 62 NOTICE IS HEREBY GIVEN that the Edina City Council, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th Street, on September 15, 1975, at 7:OO p.m. €or the purpose of holding a public hearing on the proposed vacation of portions of Old County Road 18 and Old County Road 62: That part of the Southwest 1/4 of the Southwest 1/4 of Section 31, Township 117, Range 21, lying Southerly of the Easterly extension of the Southerly right-of-way of Westward Way as platted in DATA 100 1st ADDITION, according to the record plat thereof, Hennepin County, Minnesota, and lying West of a line drawn parallel to anti 33.00 feet East of the following described line: ' ..> Commencing at a point on the Nest line of said Section distant 1320.84 feet North of the Southwest corner thereof; thence run South along the West line of said Section for a distance of 33.04 feet to the point of beginning of the line to be described; thence continuing South along said West line a distance of 258,92 feet; And that part of said Southwest 1/4 of the Southwest 1/4 of Section 31, lying Easterly of the West line of said Section 31 and lying 33'.00 feet OR each side, as measured at right angles to and parallel with the following described line: - - : B Beginning at the point of terminus of the last described line; thence deflect left from said West l&ne of Section 31 along a tangential curve having a radius of 381.97 feet (delta angle 41 32') for a distance.of of 276.89 feet; thence tangent to said curve for a distance of 3.89 feet; thence deflect right along a tangential curve having a radius of 383.15 feet (delta angle 44' 20') for a distance of 296.47 feet; thence tangent to said curve for a distance of 162.41 feet; thence deflect right along a tangential curve having a radius of 122.36 feet (delta angle 98'10' 18") for a distance of 209.64 feet; thence tangent to said . curve for a distance of 50 feet more or less to the west line of said 6 Section and there terminating. - The side lines of the above described land are to be lengthened or shortened as to terninate on said WEst line of Section 31. All persons who desire to be heard with respect to the question of whether or . not the above proposed street vacation is in the public interest and should be made shall be heard at said time and place. extent to which such-proposed street vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such street area or portion thereof vacated, for the purpose of specifying, in any such vacation resolution, the extent to whic3 any or a11 of any such easement, and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. - BY ORDER OF THE EDINA CITY COUNCIL. The Council shail consider the . Florence B. Hallberg City Clerk . Hotion for adoption of the resolution vas seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. BLOCK 2, TAKE EDINA 3RD ADDITION AND BLOCK 1, LAKE EDINA 5TH ADDITION EASEMENT VACATION HEARING DATE SET. offered rhe following resolution and moved its adoption: As reconunended by Mr, Dunn, Councilman Richards . RESOLUTION CALLING PUBLIC HEARING FOR VACATION OF EASEEBNT FOR UTILITY AND DRAINAGE PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: , . -- ~ 8f 181 75 co 0 00 m w W 1. for utility and drainage purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412,851 and 160.29: Lots 1, 2, 3, 9, 10, 11 and 12, Block 2, Lake Edina 3rd Addition; and Lots 2 and 3;Block 1, Lalce Edina 5th Addition. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hear- ing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: It is.liereby found and deterinined that the following described easement (Official Pubiication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF UTILITY AND DRAINAGE EASEMENTS NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 'DJ. 50th Street on September 15,1975, at 7:OO p.m., for the purpose of holding a public hearing on the proposed vacation of the following easements for utility and drainage pur- poses: Lots 1, 2, 3, 9, 10, 11 and 12, Block 2, Lake Edina 3rd Addition; and Lots 2 and 3, Block 1, Lake Edina 5th Addition All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation or municipality owning or controlling electric or telephone pcles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintain- ing the same or to enter upon such easement area or portion thereof vacated, for The Council will consider the extent to .the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. 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. LOWRY HILL ENTERPRISES, INC., SUIT'NOTED. Council was advised of a suit by Lowry Hill Enterprises, Inc., who Council had denied permission to construct two five story apartment buildings on the Southwest corner of Dewey Hill and Cahill Roads. The matter has been referred to the attorney. KERRY JMN NOTICE OF CLAIiq NOTED. Council's attention was called to a Notice of Claim which had been filed with the Clerk relative to an incident in which Kerry Jahn was allegedly injured when a 7-Up bottle exploded while he was lift- ing the bottle. The matter has been referred to the insurance company and to the attorney., The bottle had allegedly been purchased at the 50th Street , Liquor Store. WATEDfAIN IMPROVEMENT EO. IM-298 ORDERED ON 100% PETITION. reported that a petition for watermain to serve 4936 France Ave. S. had been receivedinhis office on July 30, 1975, signed by 0. Peterson of Peterson's Appliance Centers. cost against the property over a five year period against the owner of such pro- perty. Councilman Richards thereupon offered the following resolution and moved its adoption: The'City Engineer Said petition also requested the Council to assess the entire RESOLUTION ORDERING WATEICMAIN IIPROVEMENT NO. WM-298 UPON PETITION THEREFOR BE IT RESOLVE0 by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct a watermain improvement to serve 4936 France Ave. S., and to assess the entire cost against the property of the petitioner, and that said petition has been signed by all owners of real property on said I3t where said improvement is to be located. 8/15/75 2. The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section ,429.331,(3), (Session Laws of 1961, Chapter 525, Section 2). ref erred to in all subsequent proceedings as bJATERWIN IIPROVEMENT NO. F@i-298. The entire cost of said improvement is hereby ordered to be assessed against Lot 25 and the North 147 feet of Lot 29, and the East one foot of the North 147 feet of Lot 30, Auditor's Subdivision 172 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. Said in1proven;ent is hereby designated and shall 5e (Parcel 1651, Plat 73970) (4936 France HEARING DATES SET FOR VARIOUS INPROVEMENTS. As recommended by Nr. Dunn, Council- man Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC KEARING ON WATEREIAIN &'D HOUSE SERVICE REPLACEBENT AND NEW CONNECTION TO IfINNEilPCLIS WATER SYSTEM IMPROVEMENT NO. P-Wbf-299, NEW AND REPLACEIBNT CONCRETE CURB AND GUTTER AND NEW BITUINOUS STREET SUWACING IMPROVEMENT NO. P-BA-204 , NEW AND IIEPWCEfiENT CONCRETE SIDZVALK IMPROVEMENT NO. P-S-14 , STOBI SEWER IIIPROVEPIENT NO. P-ST . S-145, ORNAHENTAL STREET LIGHTING IXPROVEEII" NO. P-L-14 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 estinated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, September 15, 1975, at 7:OO p.m. in the il- Edina City Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3. 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 affectkd properties in substantially the following form: The Clerk is hereby authorized and directed to cause notice of the time, place (Official Publication) HEh-EPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING CITY OF EDINA 0 T.IATERMAIN AND HOUSE SERVICE REPLACEMENT AND NEW COIWECTION TO MINNEAPOLIS WATER SYSTEM NEW AND REPUCENENT CONCRETE CURB AND GUTTER AND NFX IMPROVEMENT NO. P-FJM-299 , BITUMINOUS STREET SURFACING IMPROVEMENT EO. P-BA-204, NEW AND REPLACEMFNT CONCRETE SIDEWALK IIIPROVEMENT NO. P-S-14, STORM SEWER IMPROVEMENT NO. P-ST . S-145 , ORNAM3NTAL STREET LIGEITING II@ROVEF€ENT NO. P-L-14 ELHNA CITY COUNCIL will meet at the Edina City Hall, on Monday, September 15, 1975, at 7:OO p.~, to consider the following proposed improvements to be con- structed under the authority granted by Mhnesota Statutes, Chapter 429. approximate cost of said improvements are estimated by the City as set forth below: 1. The ZSTIMATED COST . VATERHAIN AhTD EOUSE SERVICE REPLACEmNT L"D NET? COXECTION TO $lINNWOLIS WATER SYSTEM IMPROVEMENT 30. P-TJM-299 - $i,339,461.25 (All Norningside Area presently served by the Minneapolis Water System) 2. NEX A?SID REPLACENENT CONCETE CURB AND GUTTER AND NE? BITUMINOUS STSET SURFACING IMPROVEXENT NO. P-BA-204 $1,034,601.45 (All Horningside streets except I?. 44th Street .' . and France Avenue) ISEN AND REPLACENENT CONCRETE SIDEWALK I?APROVEIlXNT NO: P-S-14 .$ 347,892.13 (Both sides W. 42nd Street from France Avenue West to Edina/St. Louls Park City Limits; both sides Grimes Avenue from Sunnyside Avenue North to Edina/St. . Louis Park City Limits; both sides Norningside Road from France Avenue West to Edina/St. Louis Park , City Limits; North side W. 44th Street from France Avenue West to Edina/St. Louis Park City Limits; " 3. .:.. , . .. . 8/18/75 .. co 0 00 M -ui w . I East side of Inglewood Avenue from Grimes Avenue North to Edina/St. Louis Park City Limits; both sides of all other Morningside area streets lying South of 'W. 42nd Street) ,(Mornings ide Area) (All Morningside Area except France Avenue) . 4. STORM SEWER IMPROVE[.LENT NO. P-ST.S-145 $ 94,099.85 5. ORNAMENTAL STREET LIGHTING IWROVEMENT NO. P-L-14 200,000.00 The area proposed to be assessed for the cost of all or a part of the improve- ments under Nos. 2, 3 and 5 above includes Parcels 1100, 2000 and 5000, Section 7, Township 28, Range 24,; Lots 1 thru 12, incl., A and B Addition; Lots 1, 2 and 3, Block 1, and Lots 1 thru 11 incl., Block 2, Arden Park Addition; Lots 7 thru 50, incl., Auditor's Subdivision 161; Lot 11, Auditor's Subdivision 172; Lots 14 and 15, Auditor's Subdivision 319; Lot 2,'White Oaks 3rd Addition; Lots 1 thru 12 incl., Block 1, and Lots 1 thru 7, incl., Block 2, Berkeley Heights Addition; Lots 1 thru 26, incl., Block 1, Lots 1 thru 26, Incl., Block 2, Lots 8 thru 14, incl., and Lot 19, Block 3, Crocker & Crowell's First Addition; Lots 3 thru 9, incl., Block 1, and Lots 1 thru 9, incl., Block 2, Fairbairn's Rearrangement; Lots 1, 2, 11, 12, 13, 15, 16, 17 and 18, and 24 thru 29, incl., Grimes Homestead; Lots 1 thru 16, incl., Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead; Lots 1, 2 and 3, Leer- skov's 1st Addition; Lots 1, 2 and 3, Macgregor's Addition; Lots 1 thru 8, incl., Block 1 and Lots 1 thru 12, incl., Block 2, Mickelson's Re-arrangement, Morningside, Minnesota; Lots 1 thru 13, incl., Block I, Lots 1 thru 26, incl., Block 2, Lots 1 thru 26, incl., Block 3, and Lots 1 thru 26, incl., Block 4, Minikahda Vis'ta Third Addition; Lots 1 and 2 and 13 thru 95, incl., Morningside Addition; Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, Morningside Manor; Lots 1, 2 and 3 and 8 thru 11, incl., Block 1, Lots 1 thru 9 incl., Block 2, and Lots 1 thru 9, incl., Block 3, Morningside Oaks Addition; Tract A, R.L.S. 517; Tracts A, By Cand D, R.L.S. 549; Tract A, R.L.S. 567; Tracts A, By Cy D and E, R.L.S. 650; Tract I, R.L.S. 651; Lots 1 thru 27, incl., Riley's *' Subdivision of Lots 3, 4, 5, 6, 7, 30 and 31, Grimes Homestead; Lots 1 thru 20, incl., William Scott's Addition; Lots 1 thru 4, incl., William Scott's Addition, Peterson Replat; Lots 1 thru 10 incl., Block 1, and Lots 1 thru 7, incl., Block 2, 'Wooddale Heights Addition; and Lots 1 thru 5, incl., Wooddale Heights 2nd Addition. The area proposed to be assessed for the cost of the improvement under No. 1 above includes all the area under Nos. 2, 3 and 5 above except Lots 13 thru 26, incl., Block 3 and Lots 1 thru 26 incl., Block 4, Minikahda Vista Third Addition. The area proposed to be assessed for the cost of under No. 4 above is described as follows: Commencing at a point on the North-South % line of Section 7, Township 28 N, Range 24W, said point being at the center line intersection of W. 40th Street and Natchez Avenue, thence South along the North-South % line of said Section 7 to the South line of said Section 7, thence South along the NorthLSouth % line of Section 18, Township 28N, Range 24W, to the center line of Morningside Road, thence West along the center line of Morningside Road to a point 30 feet North of the Northeast corner of Lot 16, Wooddale Heights, thence South 30 feet to the Northeast corner of said Lot 16, thence Southeasterly along a line parallel to Wooddale Avenue to a point on the North line of Lot 17, Grimes Homestead, thence Northeasterly ten feet along the North line of said Lot 17, thence Southeasterly along a line parallel to Wooddale Avenue to a point 150 feet North of the South line of Lot 13, Grimes Homestead, measured perpendicular to' the South line of said lot, thence Southwesterly 25 feet along a line parallel to the South line of said Lot 13, thence Southeasterly along a line parallel to Wooddale Avenue, to a point 70 feet North of the South line of said Lot 13 measured perpendicular to the South line of said Lot. 13, thence Northeasterly along a line parallel to W. 44th Street, to a point 150 feet West of the East line of Lot 16, Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Home- stead, measured along said line projected, thence Southeasterly along a line parallel to the East line of said Lot 16 to the South line of said Lot 16, thence Northeasterly along the North line of West 44th Street, a distance of 220 feet, thence Northwesterly along a line parallel to the West line of Lot 24, Riley's Subdivision of Lots 3, 4, 5, 6, 7, 30 znd 31, Grimes Homestead; to a point 136 feet North of the South line of West 44th Street measured perpendi- cular to said South line of West 44th Street, thence Northeasterly along a line parallel to West 44th Street to the center line of Grimes Avenue, thence South along the center line of Grimes Avenue to the North line of West 44th Street, thence Northeasterly along the North line of West 44th Street to a point 50 feet East of the East line of Grimes Avenue, measured perpendicular to Grimes Avenue, thence Worth along a line parallel to Grimes Avenue to a point 141 feet North of the South line of 44th Street, measured perpendicular to the South line of 44th Street, -thence Northeasterly along a line parallel to 44th Street to the East line of Lot 90, Morningside, thence North along the East line of Lots 90, 93 and 94, Morningside, to the Southeast corner of I' the storm sewer improvement . S/ 18/75 Lot 95, Morningside, thence 'West 100 feet along the South-line of said Lot 95; thence North along a line parallel to Grimes Avqnue to the center line of Morning- side Road, thence East along the center line of Norningside Road to a point 45 feet East of the East line of Alden Avenue, thence North along a line parallel to Alden Avenue to the North line of Lot 41, Morningside, thence East along the North side of Lots 41, 38 and 15, Morningside, to a point 100 feet East of the East line of Scott Avenue, thence North along a line parallel to Scott Avenue to a point 50 feet Borth of the South line of Lot 20, Morningside, thence East along a line parallel to the South line of said Lot 20 to the West line of Lot 7, Morningside, thence South along the West line of said Lot 7 to the South line of said Lot 7, thence East along the South line of said Lot 7 to the East line of Section 18, Township 28N, Range 24?, thence North along the said East line of Section 18, to the Southeast corner of Section 7, Township 28N, Range 24W, thence North along the East line of said Section 7 to the Northeast corner of the Southeast thence West along the South East-West k, beginning. I of the Southeast k of said Section 7, line of said Section 7, to the point of Florence B. Hallberg City Clerk >lotion 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. VALLEY VIEW XOAD VACATIOX CONTINUED TO OCTOBER 20, 1975. Dunn, Councilman Courtney offered the following resolution and noved its adoption: I\%EREAS, on June 16, 1975, the Edina City Council did resolve as follows: \BEREAS, two weeks' published, posted and mailed notice of a hearing to be held on June 2, 1975, and continued to June 16, 1975,.has been given and made on the pro- posed street XOV, THEmFORE, be it resolved by the City CouwxLl of the City of Edina, Hennepin County, Hhnesota, that the following described portion of Valley View Road; all as platted and of reccrd in the office of the Register of Deeds in and for Henn- epin County, Minnesota, be and is hereby vacated effective August 19, 1975, unless on or before said date this resolution is amended, annulled or rescinded by the City Council : As recommended by EIr. RESOLUTION ._ .. vacation hereinafter described has been held by the City Council: That part of Valley View Road (formerly Hennepin County Road #39) located in Section 5, Torimship 116, Range 21, lying between the South line of Henn- epin County Road $62 and North of the Westerly Extension of the South line of Lots 1 and 2, Block 2, Edina Valley Estates 2nd Addition; NOW, TAEREFORE, BE IT RESOLVED by the Edina City Council that the aforeinentioned resolution now be amended so that the date of the vacation of a portion of Valley View Road above described will become effective on October 21, 1975, unless on or .before said date this resolution is amended, annulled or rescinded by the City 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. . Council. -. ARBITRATORS' AWAW FOR POLICE CONTRACT DISCUSSED. -1fr. Hyde referred to an evalua- tion of Mr. C. F. Smythe of the M.A.&f.A.-Tezasters Local 320 Arbitration Award of August 1, 1975. He referred also to a meeting which he will be attending with other City Managers to'discuss the award and develop a course of action. No act- ion was taken. . CAXVASSING BOARD MPOINTED FOR SPECIAL ELECTION. Councilinan Richard's motion was seconded by Councilaan Courtney and carried, appointing Messrs. Gary West, Thomas Melena, Ralph Hines, Austin Tucker and Sam Hobley to serve as needed as the Canvassing Beard for the Special.Election of September 4, 1975. BOND ISSUE INFORMATION PROGRAM DISCUSSED. official mailing for the City is on the press and will be going out shortly and that the "Sell Committee's" brochure will be going out separately. taken. As recomnended by the City Clerk, Mr. Hyde advised Councii that the No action was LIQUOR PRICING POLICY PSVISLON DISCUSSED. lfr. Hyde advised Council that the 1973 law which broke up liquor brand monopolies in Minnesota is now beginning to have effect and that nearly all liquor wholesalers in Minnesota have recently announced new pricing policies. and Mr. Snyder and that prices will remain competitive as best they can. ion was taken. lir. Hyde advised that he had been aeeting with Nr. Dalen No act- CO3@!l"Y DEVELOPEENT NONEY ALLOCATION DISCUSSED. Mr. Byde referred to a memo from Ifr. Lcce recalling that the City will receive $20,000 on September 1, 1975, through - the Commnity Development Act for the improvement of single family structures owned and occupied by low income persons. llr. Luce suggested that distribution of these funds be hzndled by tying in with the Minnesota Housing Finance Agency's loan pro- , .: 8j18/75. gram (M.H.F.A.), which provides for a 7 3/4% loan for home improvements for per- sons who have an adjusted gross income of less than $16,000 yearly. also suggested that anyone who qualified Eor that loan program would qualify for a grant from the City of 20% of the loan amount, up to $l,COO. In this way, the City would not be responsible for checking the person's references and income, which matters would be handled by the bank. available for the entire City, rather than just one area, Mr, Luce suggested that a concentrated effort be made in the Morningside area to tell residents what is available because of the extensive public improvements which are proposed €or the area. COUN'CILPIAN RICHARDS ' MOTION that Mr. Luce' s recommendations be implemented was then seconded by Councilman Courtney and carried. Mr. Luce Recognizing that the program is JOHN PHILIP SOUSk MEMORIAL BAND TO PLAY FOR PRESIDENT FORD. Council that the John Philip Sousa Memorial Bank had been selected to play for President Ford the Regency Hotel. Mr. Hyde advised .tomorrow at 11:15 and again at the luncheon for the President at CD 0 00 c37 4 Efl STATE AID DISCREPANCIES REVIEWED. Wendell R. Anderson earning revenue to local governments and stating that ''we were able to include in the final tax package a very large increase in Local Government Aid". then referred to a letter from the Commissioner of Revenue stating that there will be no increase in Edina's 1976 Local Government Aid. Mr. Hyde compared funds to appeared that the 1975 legislattve formula penalizes economical, efficient local government and rewards cities with hi& tax rates and low sales ratios. MAB SHAW'S MOTION directing the City Manager to respond to the Governor's letter was seconded by Councilman Courtney and carried. Mr. Hyde referred to a letter from Governor thanking the City for supporting his proposal to return gross Mr. Hyde . be received by other municipalities in the metropolitan area and said that it COUNCIL- HEDBERG TAX CASE DISCUSSED. decision had come down adverse to the taxing authorities. held that the property should have been valued at $12,000 per acre and the City had assessed it between $15,000 and $36,000 per acre. Mr. Erickson advised Council that the Hedberg tax He said that the Court The decision will be ' reviewed and brought back to the Council. BIDS AWARDED ON PARAMEDIC EQUIPMENT. Mr. Hyde presented tabulation of two bi'ds €or two Recordi Annies for the Fire Department. Industries, Inc. at $810.00 each and Viking Industrial Center at $850.00 each, . with the Viking bid including coniplete local service and warranty for one year, a $30.00 supply of recording paper, and a pair of spare lungs for each unit. Councilman Courtney's motion awarding bid to Viking Industrial Center, inasmuch as it is believed that this will be the low bid in the long run, was seconded by Councilman Shaw and carried. Tabulation showed Armstrong WELL NO. 6 EMERGENCY REPAIRS AUTHORIZED. As recommended by Mr. Dunn, Councilman Shaw's motion was seconded by Councilman Courtney and carried, authorizing repairs to Well No. 6 by low bidder, Layne Minnesota, at a cost of $1,088 to pull the pump and an estimated cost of repair at $6,000 based on past experience. 1975 BUDGET INTER ACCOUNT TRANSFER APPROVED. As recommended by Mr. Dalen, Council- man Shaw's motion was seconded by Councilman Courtney and carried approving the transfer of $22,626 from Contingencies to Police Protection to cover salary revisions. FALLS CHURCH, VIRGINIA, 0RDINAZ;CE PERTAINING TO MASSEURS AND MASSEUSES DISCUSSED. Council was advised of receipt of an ordinance pertaining to masseurs and masseuses which had been adopted in Falls Church, Virginia. be held until a suit is resolved in District Court on a similar ordinance in The ordinance is to ' Bloomington. CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Richards and carried for payment of the following claims: General and Revenue Sharing, $65,464.41; Construction Fund, $132,940.80; Park Funds, $54,480.95; 'Water Fund, $49,234.95; Liquor Fund, $185,275.98; Sewer Fund, $55,401.30; Improvements, $5,574.44; Total, $548,372.83. No further business appearing, Councilwoman Schmidt's ,motion for adjournment was seconded by Councilaan Richards and carried. Adjournment at 10:05 p.m.