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HomeMy WebLinkAbout19750908_regularf MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY SEPTEMBER 8, 1975 . to 0 00 p7 W Answering rollcali were members Courtney, Richards, Schmidt Shaw and Mayor Van Valkenburg . .I MINUTES of August 4 and 18, 1975, were approved as submitted by motion of Councilman Richards, seconded by Councilman Shaw and carried. 1976' BUDGET PRESENTED. ing that the Budget contains requests for additional personnel and other functions which have not been previously considered. motion was seconded by Councilman Shaw and carried, setting Budget meetings for 4:OO p.m. on September 15 and 4:30 p.m. on September 17. The meetings will be held in the Conference Room. Mr. Hyde presented the proposed Budget for 1976, not- Councilman Courtney's PUBLIC HEARINGS CONDUCTED ON NUMEROUS ASSESSMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as herein- . after recorded. A. STREET IMPROVEMENT NO. A-173 IN THE FOLLOWING: Valley View Road for Southdale Office Center Mr. Hyde presented Analysis of Assessment showing total construction cost of $7,217.38, proposed to be assessed against one assessable unit at $7,217.38 against estimated assessment of $14,400.74. had been received prior hereto. Minutes. ) B. STREET IMPROVEMENT NO. A-174 IN THE FOLLOWING: Mr. TIyde presented Analysis of Assessment showing total construction cost of $4,168.98 proposed to be assessed against 453.15 assessable feet at $9.20 per assessable foot, against estimated assessment of $14.46 per assessable foot.. No objections were heard and none had been received prior hereto. tion Ordering Assessment later in Minutes.) No objections were heard and none (See Resolution Ordering Assessment later in W. 56th Street from Bernard Place to Dale Avenue (See Resolu- C. CURB AND GUTTER LWROVFmNT NO. B-82 IN THE FOLLOGJING: . To serve 4379 Coolidge Ave Mi:. Hyde presented Analysis of Assessment showing total assessable construction cost of $243.03, proposed to be assessed against one assessable unit and advised that the city is paying 50% of the cost of the improvement. No objections were heard and none had been received prior hereto. (See Resolution Ordering Assess- ment later in Minutes.) I' D. STREET IMPROVEMENT NO. BA-182 IN THE FOLLOWING: Gleason Road from Dewey Hill Road to South line of Hyde Park Mr. Hyde presented total estimated construction cost at $32,035.20, proposed to be assessed against 2,669.60 assessable feet as estimated at $12.00 per assessable foot, advising that $48,796.07 of the cost has been paid from State Aid Funds. No objectiorrs were heard znd none had been received prior hereto. (See Resolution Ordering Assessment later in Minutes.) ... E. STREET IMPRDVENENT NO. BA-191 IN THE FOLLOWING: Tara Xoad from Remrich Drive North to cul-de-sac Mr. Hyde presented Analysis of Assessment showing total construction cost at $9,944.40, proposed to be assessed against five assessable units at $1,988.88 against estimated assessment of $1,302.59 per assessable unit. No objections were heard and none had been received prior hereto. (See Resolution Ordering ' Assessment later in Minutes.) F. STREET IIQROVEMENT NO. BA-198 IN THE FOLLOWING: . Brookview Avenue from W. 58th Street South and kJest to West: 59th Street cul- de-sac . Mr. Hyde presented total construction cost at $22,831.59, proposed to be assessed against 1,558.47 assessable feet at $14.65 per foot against estimated assessment of $16.61 per assessa3le foot. received prior hereto. No objections were heard and none had been (See Resolution Ordering Assessment later in Minutes.) G. GRADING AND GRAVELLING IMPROVEMENT NO. C-115 IN THE FOLLO57ING: Olinger Blvd. from Olinger Road to County Road 158 Mr. Hyde presented Analysis of Assessment showing total construction cost of $32,978.96, advising that $44,634.70 had been charged to State Aid Funds. advised that it is proposed to assess. 2,320.75 feet against R-L Residential District property as proposed at $8.00 per assessable foot and against Planned Residential District property as proposed at $12.00 per assessable foot. objections were heard and none had been received prior hereto. Ee .. No (See Resolution 9/8/75 , c .p. - Ordering Assessment later in Ninutes.) H. STREET IMPROVIQBNT NO. E-29 IN THE FOLLOWING: Creek Valley Road cul-de-sac at East side of Edina West School Property Xr. Hyde presented Analysis of Assessment showing total construction cost of . $15,392.15, proposed to be assessed 'against one assessable unit, against esti- mated assessment of $6,497.55 per assessable unit. enting the School District objected that the School District does not benefit from the improvement, and added that there is no record of receipt of the improvement Hearing. had given the City without charge and presented photographs of the site which indicated how :far He pointed out that the gate in the fence is continually locked. that the Exgineers had been in touch with Mr. Pryor diuring construction of the project and it was assumed that he had been aware of the proposed assessment. Mr. Dunn recalled that when the School District purchased this property there was a plat that had been filed that carried the street thru and that the cul- de-sac was not necessary until the School District purchased the property. Dis- cussion ensued against alternate methods of assessment and Mr. Hyde said that he knew of no other instance in which the City assessed residential property involved and that the City has no General Funds appropriation for pay?.ng for the improvement. 13 response to a question of Mayor Van Valkenburg, Mr. Erick-. son said that the question is whether or not the benefit is equal to the assess- ment. seconded by Councilman Shaw and carried, tBat the matter be continued to- the next meeting so that Council could get more background on the improvement. Lewis was told that it would not be necessary for the School District to appear. unless they were called. I Attorney Ward Lewis repres- - He referred to a 100' x 80' easement which the school the easement extends into the School District property. Mr. Dunn said - As recommended by Mayor Van Valkenburg, COUNCILMAN COUIZTNN'S NOTION was Hr. I. SANITARY SEWER DPROVEMENT NO. SS-309 IN THE FOLLOWING: Brookside Terrace from Motor Street to 675' South Mr. Hyde presented total construction cost a: $27,962.07, proposed to be assessed against 7 assessable units at $3,232.72 (plus house service) against estimated assessment of $3,955.75 per assessable unit. An unidentified gentleman in the audience was told that the house service cost includes the Metropolitan Sew'er received prior hereto. . . aistrict SAC charge.. No further corkents were heard and none had been . -. (See Resolution Ordering Assessment later in Minutes.) . J. SmImY SEWER DPROVWNT NO. 264-A IN THE FOLLOWING: W. 78th Street between Cahill Road and Cecilia Circla 0 Mr. iiyde presented total construction' cost at $16,443.U2, proposed to be assessed at 440 assessable units at $37.37 per unit against estimated assessment . of $37.43 per unit. hereto. R. SAXiTAl2Y SETJER DPROVEMENT NO. SS-313 IN THE FOLLOWING: . No objections were heard and none had been received pr:or (See Resolution Ordering Assessment later in Minirtes.) W. 65th"Street from 150' + West of Drew Avenue to.435' + due West; thence- Southwesterly 165 'f; thence Southerly to existixg trunk sewer man- hole; also correcting flowage easterly from Barrie Road to Xerxes Ave. 3k. Hyde recalled that this sanitary sewer ran through the hospital and apart- ment area and Fjas an enlargement of previous sewers. He presented Analysis of Assessment showing total construction cost at $212,508.68, proposed to be assessed against 2,033.79 SAC Units at $104.4887 per unit against estimated assessment of $150.2248 per assessable SAC Uriit; Hrs. Mary Anderpon, 6400 York Ave., ApartEent 513, lir. Xyde said that con- struction of this sewer was necessary because when the original sewer was planned,* zhe area did not have the density €or which it wzs later zoned. recalled that inadeqcate sewee capacity in the area had czbsed sewer backups in apqtmenr buildings and that the new sewer beiefits the entire area. Mr. Hines of the Board of Directors of the Yorker Condominium xes told that the City was aware ten years ago that this improvement would be necessary and that Point of France goes directly into the trunk sewer. Mr. Vern Knutson, Director of + Planning for Fairview-Southdale Hospital, read a letter. from Mr. Donala D. 'leg- miller, Administrator of the hospital, requesting thar: Council reconsider the "ultimate SAC -mits" assigned to the hospital because' of a revised projection of 600, ratber than 735, SAC units. Mr. Hyde-recalled that the hospital was talking about 300 additional beds at the. time they were discussing financing with the City." with the understanding that there would be 300 additional beds. cussion was heard. - . {See Resoltrtion Ordering Assessnent later in Minutes. ) L. SAXITARY SE[\?R IMPROVEMENT NO. SS-314 iN THE FOLLOWING: Mr. Hyde preSented total construction cost at $80,538.15, proposed to be assessed.against 385 units at $209.19 per assessable unit against estimated assessment uf $196.22467 per assessable unit, had been received prior hereto. mutes ) In response to 2 question of . Mr. DUM Cmm5.lman Courtney pointed out that the sewer wzs constructed Eo further dis- . W, 78th'Street from 1140 feet West to Cahill Road i.3est to South City Limits No objections w2re heard and none (See Resolution Ordering Assessment later in f L , -1 '. ' 1. . - .' a. .. . I , <- M. SANITARY SEVER IHROVFMENT NO. ss-315 IN THE FoLLowmer -e Gleason Road from South line of Hyde Park Addition to W. 78th Streec M5. Byde presented Analysis of Assessment showing total construction cost at $44,308.48, proposed to be assessed against 32 assessable units at $1,384.64 per unit against estimated assessment of $1,163.42 per assessable unit. Mr. Dunn explained that the increased cost was caused by poor soil conditions. No objections were heard and none had been received prior hereto. (See Resolution. Ordering'Assessment later in Minutes.) N. SANITARY SEWER IMPROVEMENT NO. SS-317 IN THE FOLLOWING: *\ Easement line in Mirror Lake Plat No. 3 from existing sanitary sewer at Lake Ridge Road cul-de-sac to'serve property South of Mirror Lake Plat No. - 3. Mr. Hyde presented Analysis of Assessment showing.tota1 construction cost at $20,621.75 proposed to be assessed against 25 assessable lots at $824.87 per lot against.estimated assessment of $812.14 per assessable lot. were heard and none had been received prior hereto. Assessment later in Minutes.) No objections. (See Resolution Ordering 0. STORM SEIJER IMPROVEMENT NO. ST.S-134 IN THE FOLLOWING: 403 Monroe Avenue Mr. Hyde presented Analysis of Assessment showing total construction cost at $417.30, proposed to be assessed against one assessable unit at a cost of $417.30. No objections kere heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) P. STORM SEWER IMF'ROVEMZNT NO. ST.S-137 IN THE FOLLOWING: Gleason Rozd from 800' North of W. 78th Street.to West 78th Street; W. 78th . Street from Gleason Road East-to Marth Road Mr. Hyde presented Analysis of Assessment showing total construction cost at $42,497.44, proposed to be assessed against 1,538,703 assessable units at $0.027619 per unit against estimated assessment of $0.0317751 per assessable unit. No objections were heard and none had been received prior thereto. Resolution Ordering Assessment later in Minutes.) (See 1- P 'Q. STORK SEWEP, IMPROVEMENT .NO. ST.S.-139 IN THE FOLLOWING: Ir' Gleason Road from Dswey Hill Road to approximately 900 feet South of the South line of Hyde Park Drive. Mr. Hyde presented Analysis of Assessment showing total construction cost at $13,706.20, proposed to be assessed against 725,261 square feet at $0.0188983 per assessable square foot against estimated assessment of $0.02646 per asse2s- able square fooz. hereco. R. STORM SEWEX IPPROVEMENT NO. ST.S-i41 IN THE FOLLOWING: - No objections were heard and none had been received prior (See Resolution Ordering Assessment later in Ydnutes) Across France Avenue just South of West 44th Street; also from alley between Sunnyside Road and West 44th Street just Wes't of France Avenue West to pond- ing area Mr. Hyde presented total construction cost at $4,673.56, proposed 'to be assessed against 349,896 square feet at $0.013357 per assessable square foot against estimated-assessment of $0.055206 per square foot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) S . IJP,TEEMAIN IMPROVEMENT NO. IJM-288 IN THE FOLLOWING: W. 78th Street from Glasgow Drive to the South City Limits; Gleason Road from W. 78th Street to the South line of Hyde Park Addition. Mr. Hyde presented Analysis of Assessment showing total $56,lO6.62 for the lateral watermain, proposed to be assessed against 38 assess- able units at $1,476.49 against $1,383.89 estimated assessment, construction Cdst of Tot& construction cost of the trunk watermain was given at $41,392.64, proposed to be assessed against 437 assesszble units at $94.72 against $98.788 estimated assessment. objections were heard andmone had been received prior hereto. Orderiag Assessment later in Minutes.) No (See Resolution T. SANITARY SEIJER IMPROVEXENT NO. SS-321 IN THE FOLLOWING: 6021 Vernor, Avenue Mr. Hyde presented total construction cost at $957.11, proposed to be assessed zgainst one connection at $957.11, as a result of a 100% petition. were Heard and none had been received prior hereto. Assessnent later in Minutes.)- ' SG2i Vernon Avenue / Ifr. Hyde presented total construction/cost at $957.11, proposed to be assessed , agaiwt one assessable unit at $957.11. No objections were heard and none had been received prior thereto. (See Reyoiution Ordering Assessment later in Minutes.) . Lanbn Lane from 245 feet North OE Kenrich Drive to 870 Drive . No objections (See Resolution Ordering .. u. WATEJWAIN IMPXOVEMENT NO. m-291 IN/THE .FOLLOWING: * V. SAELTARY SEVER IMPROVEMlENT NO. SS-316 IN THE FOLLOWING North of Kemrich 1. 9/8/75 -1 4:"' J -.- Mrl Hyde presenred total construction cost at $7,277.64, proposed to be assessed against twelve assessable lots at $606.47, against estimated assessment of $1,055.74 per assessable lot. prior hereto. (See Resolution Ordering Assessment later in Minutes.) No objections were heard and none had been'received I?. STORM SEWER IMPROVEHENT NO. ST.S-136 IN THE FOLLOWING: Lanham Lane from 245 feet North of Kemrich Drive to 570 feet North of Kemrich Drive . .. E-. Hyde presented total construction cost at $5,784.12, proposed to be assessed against 12 assessable units at $482.01. been received prior hereto. No object'ions x3ere heard and none had (See Resolution OrZering Assessnent later in Minutes.) X. WATERMAIN IEPROVEMENT NO. WM-289 IN THE FOLLOWING: 1 I Lanham Lane from 245 feet North of Kernrich Drive to 870 feet North of Kemrich . Drive Mr. Hyde presented total construction cost at $8,917.80, proposed to be assessed against 12 assessable units at $743.15, against estimated assessment of $908.70 per assessable lot. hereto. its adoption: - No objections were heard and none had beeo received prior Councilman Courtney thereupon offered the following resolution and moved RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STREET IMPROVEMENTS NOS. A-173, A-174, B-82, BA-182, SANITARY SEWER IMPROVEMENTS NOS. SS-264-A, SS-309, BA-191, BA-198, C-115 . SS-313, SS-314, SS-315, SS-316, SS-317, SS-321 STORM SE\JER IMPROVEMENTS NOS. ST.S-134, ST.S-136, ST.S-137, ST.S-139, ST.S-141 WATERMAIN IMPROVEEENTS NOS. WM-288, m-289, 1-291 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1- . The City has given notice of hearings as required by law on the proposed assessment roles for the improvements hereinafter referred to, and at such hearings held on September 8, 1975, has considered all oral and written objections presented against the levy of such assessments. . . .. 1 ._ 2. .Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for improvements A-173, A-174, B-82, BA-182, BA-1.41, BA-198, C-115, SS--316, SS-317, SS-321, ST.S-134, ST.S-136, ST.S-137, ST-S-139, ST-S-141, WM-288, WM-289, T@€-291, SS-264-A, SS-309, SS-313, SS-314, SS-315. I- does not exceed the local benefits conferred by said improvemeats upon the lot, LLCZil -3r parcel of kz5 BG sszPssed, ad alf of sai:! assessmerits ere hereby adopted and confirmed as the proper assessments on account of said representative improvements to be spread against the benefited lots, parcels and tracts of land-. described thereia. 3. The assessments shall be paid in equal annual installments, the firsc instail- ment, together with interest at the rate of 5% per anum on the entire assessment from the date,.hereof to December 31, 1976, to be payable with the general taxes for the year 1975. Street Tmprovement No. A-173 10 Years Street Improvement No. A-174 10 Years Stre.et Improvement No. B-82 ..5 Years Street Improvement No. BA-182 * 10 Years Street Improvement No. BA-191 10 Years Street Improvement No. BA-198 10 Years Street Improvement No. C-115 10 Years 0. Sanitary Sewer Improvement No. SS-274-A 10 Years Sanitary Sewer Improvement No. SS-309 10 Years Sanitary Sewer Improvement No, SS-313 10 Years Sanitary Sewer Improvement No. SS-314 10 Years Sanitary Sewer Improvement No. SS-315 10 Years Sanitary Sewer Improvement No. SS-316 3 Years Sanitary Sewer Improvement No. SS-317 10 Years Sanitary Sewer Improvement No. SS-321 10 Years Storm Sewer Improvement No. ST.S-134 10 Years Storm Sewer Improvement No. ST-S-136 3 Yezrs, Storm Sewer Improvement'No. ST.S-137 10 Years Storm Sewer Improvement No. ST.S-139 10 Years . Stom Sewer Improvement No. ST.S-141 10 Years Watermain Improvement No. WM-288 10 Years Watermain Improvement No. IJM-289 3 Years 10 Years Waterhain Improvement No. WM-29 1 &-I -& The number of such annual installmentsshallbe as follows: -* I .* 4. 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 6. by a county, by a political subdivision or by the owner of any right-of-way, as The City Clerk shall forthwith prepare and transmit to the County Auditor a. tax lists of the County in accordance with this resolution. .L The Clerk shall also mail notice of any special assessments which nay be payable 1 . c . 9/8/75 I CD 0. 00 c117 w W required by Minnesota Statutes, Section 429.061, Subd.Feision 4, ad if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. VOLUNTEER COLLEGE INTERNS INTRODUCED. Department, introduced Larry Williams, Cindy McCandless and Dean Ketner, college students, who are working on their internships for credits in their courses'in law enforcement related areas. .They have been assisting the Police Department on a volunteer b'asis. Patrolman Craig Swanson of the Edina Police Mayor Van Valkenburg expressed the thanks of the Council. STREET IMPROVEMENT NO. BA-2 10 ABANDONED. I4r. Hyde. recalled that the improvement hearing for Street Improvement No. BA-210 had been continued from August 18, 1975, so that the Engineering Department could determine the feasibility of replacing only the deteriorated curb and gutter. Mr. Dunn recalled that the project is proposed to be constructed as the Country Club area street replacement, with the City paying one-half of the total cost of the improvement. still the recommendation of the Engineering Department that all curb and gutter be replaced at this time, except for the area that is near the wall and under the bushes on the East side of the street by the hill. .Townes Road objected that only three lots need their curbs replaced and that the curbs had been damaged by City snow plows. Mr. George Kruse, 4701 Townes Road, said that most of the residents did not want the improvement installed, but that if it was approved, all of White Oaks should have curbing. about the safety of boulevard trees. that most of the curb is in good condition were Mmes. Robert MacPhail, 2 Bridge Lane, H. L. Hatch, 4702 Townes Road, Mr. and Mrs. J. P. Coleman, Jr., 4703 Townes Road, and Mr. Peter Gilligan, 4719 Townes Road. Mrs. Coleman suggested that all curbs could be removed entirely. all curbing be removed on the West side of the street and that the curbing on the East side of the street be left as it is, with the understanding that either side could be changed at .a future date if residents so desired. MOTION was then s,econded by Councilwoman Schmidt and carried, that the project be abandoned at this tLme, with the understanding that residents get together over the winter and see if some agreement can be reached so that the Engineer could bring the improvement to hearing again next spring. 0 'ORDINANCE N9. 833464 ADOPTED ON SECOND READING, following ordinance for Second Reading and moved its adoption: He said that it is The property o5mer at 4704 ' Concern was expressed Objecting to the improvement on the groullds Councilman Courtney suggested that ' I COUNCILMAN SHAW'S Coxncilqan Courtney ozferei! the ORDINANCE NO. 811-A64 ,4N ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO REQUIRE THE PLACING OF SIGNS ON LAND PROPOSED TO BE REZONED THE CIk COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: (Administration) of Ordinance No. 811 is hereby amended by adding thereto a new paragraph, as follows: Section 1; Sign Required. Subparagraph (d) of paragraph 6 of Section 12 -- "If the petition is for the transfer of land to another district, petitioner shall erect, or cause to be erected, at least one sign per street frontage on the land described in the petition, of a size, with lettering and contain- ing the informatioIz below set out. The petitioner shall submit to the Plan- : ' ning Department a duly signed affidavit, with pictures, evidencing that such sign has, or sigm have, been executed and evidence thereof submitted as herein required. The sign or signs shall be at least 36 inches by 60 inches, but not larger than 48 inches by 96 inches, in size, shall have letters at least four inches high using Helvetica medium type face or other letter style approved by the Planning Department, shall be constructed of sturdy material, shall be neatly lettered, and shall be easily viewable from, and readable by, persons on the adjoining street right-of-way. signs shall contain the following information, which'shall be obtained from the Planning Department: ff This property proposed fcr rezoning to "Edina City Council to consider on The sign or district. Edina Planning Commission to consider on (insert date of first meeting). 11 (insert estimated date of first meeting . I' (Name of Petitioner) 'I (Telephone of Petitioner : "The petitioner shall be responsible for changing the date on such sign or signs as circumstances require, and also shall change them'as directed by the Planning Department. The sign or signs at all times shall be kept in -good repair and shall be maintained in place until a final decision on the' petition has been made by the City Council, and shall be removed by the petitioner within five (5) days after such final decision. The failure 9/8/75 ,*-- . .of any petitioner to fully conply with the ljrovisions of this paragraph . relating to such sign or signs shall not prevent the Planning Commission and City Council from acting on such petition nor invalidate any rezoning granted by the City Council.." Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. Motion for adoption of the ordinance was on rollcall there were five ayes and no ATTEST : City Clerk L&Q- Gd ORDINANCE NO. 811-A65 ADOPTED ON SECOND READING. Ordinance No. 811-A65 for Second Reading and moved its adoption as follows: Councilman Courtney offered ORDINANCE NO. 81 &A65 AN ORDINAYCE AMENDING THE ZOXING ORDINANCE (NO. 811) . BY ADDING TO THE MTJLTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, OWAINS: , I. , Section I, amended by adding the following thereto: "The extent of the Multiple Residence District is enlarged by the addition of the following property: The West 8 feet of Lot 1, Block 1, Vic Adams Addition, which is in Sub- district R-2.': Sec.. 2. and publication. Motion for adoption of the ordinance was s call there were five ayes and no nays and ATTEST : Paragraph 1 of Section 4 of Ordinance No. 811 of the City is This ordinance shall be in full force and effect upon its passage and on roll- OF3iXAECE 33. 8i l-Aii6 ,GCFZED e?? SEZG"u ZZADiXG. Mr. Luce- presented iirdinauca No. 811466 for Second Reading. No comments being heard, Councilwoman Schmidt offered Ordinance No. 811-A66 for SecGnd Reading'and moved its adoption as follows : OWINANCE NO. 811-A66 AN ORDINANCE &ENDING THE ZONING ORDINANCE (NO. 811) BY .ADDING A XINIMUEI BUILDING SIZE TO THE C-1, C-2, C-3 -. -. AND C-4 COVMERCIliL DISTRICTS TBE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: 811is hereby amended by adding the follcwing thereto: Section 1. 'ID. lfinimum building size: Paragraph 8 of Section 9 (Comercial District) of Ordinance No. 1. In Districts C-1, C-2, C-3 and C-4, the minimum size for any building for principal uses shall be 1,000 square feet of ground floor 8rea totally enclosed by four walls and a roof. 2. Exceptions: 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 2 compact, integrally designed structure, and which in the aggregate contain at least 1,000 square feet of ground floor area. and publication. Motion for adoption of the ordinance w call there iqere four.ayes with Councilman Ric was adopted. ATTEST: . Sec. 2. This ordinance shall be in full force and effect upon its passage - City Clerk * '- CLARIFICATIOE OF DENSITIES IN PLAN AREAS DISCUSSED. of Notice were presented by Clerk, approved as to form and ordered placed on file. It vas clarified that notices of this meeting had been sent to owners .of land with tracts of five acres or larger and to chairmen of all homeowners' associations NO ACTION TAKEN. Affidavits L. I 9/8/75 28 3 which were affected by the proposed modification. restraining order served OR the City which enjoins the City from the adoption of a plan which will affect the density of the Karl Krahl property (located gener- erally North of the Crosstown Highway and South of Vernon Avenue) pending deter- mination of the issues. property, but since the Krahl property is included in the total plan, the Council should take no action on.the plan at this time. Mr. Luce recalled that Council had instructed the Planning Commission to consider the amendment of the comprehensive plans of South, Southwest and Western Edina, but that the Planning Commission had recommended that no modification be made in the South Edina Plan at this time. Mr. Luce advised that under the proposed modification, develop- ment would have to take place as a PRD zoning, rather than as R-3, R-4 or R-5, that the density of any parcel or tract in this area could be no greater than that which is identified by the Comprehensive Plan and that in each plan density would be reduced cumulatively up to 50% by the following percentages if the following situations are applicable: Mr. Erickson referred to a He said that the restraining order affects only that THEN reduce density by IF the parcel or tract: A. Is between 1500 feet and 3000 feet from tliis percent: cp 0 an accessible freeway interchange 5% accessible freeway interchange 10% est point to nearest point) B. Is greater than 3000 feet from an C. Is within 200 feet of an existing and developing R-1 or PRD-1 subdivision (Near- Contains land below an established high water nark affected wetlands of Type 3 or higher (as defined affected by U.S.F.W.S. Circular 39) F. Contains land within a 100 foot perimeter of a 10-acre waterbody or of a creek but not in the floodplain or wetlands of Type 3 or higher (as defined by U.S.F.W.S. Circular 39) 10% D. 100% for that portion E. Contains land designated floodplain or 50% for that portion 25% for that portion affected G. Has slopes of: 6-12% 25% for that portian affected affected affected .- 12-18% 50% for that portion ' 18+% 75% for that portion ' Mr. Luce clarified that adoption of the above recommendation would result in an average reduction of density from 11 units per acre to approximately 8 units per acre. would be excluded from such restrictions. Mr. Rick Davies, spokesperson for Parkwood Knolls-Malibu Heights Residents' Association, spoke in support of the reduction of densities recommended by the staff and by the Planning Commission. Councilman Richards said that some people are of the opinion that the proposed modification does not go far enough and encouraged Mr. Davies to make additional requests for density reduction. Mrs. William Scott, 6613 Southcrest Drive, expressed concern that the South Edina Plan is not proposed to be modified. Mr. Robert Hansen, owner of property on the South side of Rrahl Hill, questioned the fact that, once the road' is built on his property, the only property remaining would be on the hill and under severe restrictions. Mr. Luce told Mr. Hansen that his property would probably be allowed six units per acre under the proposed modifications. Mr. W. H. Howard, speaking for the Southwest Edina Homeowners Association, said that his group feels that they would support khe modification as being a fair compromise to everyone concerned. Mr. Richard Seaberg, President of the Viking Hills Homeowners' Association, said for the record that "to.maintain the high quality of Edina landscape, to protect what remains of the natural environment and to minimize the potential increase in both traffic and fire hazards that could result from increased density, we whole- heartedly, we agressively, we enthusiastically, and we joyously recommend as a minimal the adoption of the.proposed density guidelines"; Mrs. Alison Fuhr, 6609 Brittany Road, questioned the 0 - 12 density, the water table-and the wet- lands, but said that she thinks that it is a commendable plan overall and that she wholeheartedly supported the reduced densities. that established criteria had been used in making the recommendations and that many houses built below the water table. water table should be more the concern of the developer and that if the water table is to be considered at this point, it should also be pursued for all structures. A representative of Lowry Hill Enterprises objected to the modifi- cations, saying that they are trying to construct quality housing and have made their plans in compliance with the density requirements of the Southwest Edina He explained that property zoned R-3, R-4 and R-5 before 1971 Mr. Luce responded by saying He said that consideration of the 9/8/15 3 Pian. Road, expressed concern about existing densities and a proposed five story build- irig. Mrs. Helen NcClelland of Continental Drive, asked how Western Edina density spreads could be further reduced. the proposal as a "first step" toward reducing densifies. Reference was made to, a letter from Mr. John W. Hedberg of Hedberg & Sons, requesting that the South Edina Plan be deleted from the proposed clarification of permitted multi-family densities in Edina. Attorney Erickson said that he believed that if the plan is applicable at all, it should be applicable for all properties covered and that he would not recommend. that any action be taken at the present time on properties other than the Krahl property. As recommended by Mayor Van Valkenburg, Councilman Courtney's motion continuing the matter until September 15, 1975, so that-the Council will have an opportunity to read the restraining order, was seconded by Councilwoman Schmidt and carried. A resident of Dewey Hill Road and Mrs. Charlotte Burns, 5820 Dewey Hill Mrs. Ann Overholt, 7 Overholt Pass, supported In response to a question of Councilman Richards, City MINNESOTA TENANTS UNION, INC., REQUEST FOR FUNDS NOTED. called to a second request for funds from the Minnesota Tenants Union. tTas taken. Council's attention was No action I@!-212 ASSESSIENT REFIND .REQUESTED. from Mr. and Mrs. John Kyllo, 5201 Schaefer Road,,requesting reimbursement for Coum5A's attention was called to a letter a second sanitary sewer bn their property which was paid for on December 31, 196&in the amount of $110.91. They contended that it appears that the develop- merrt of neighboring property precludes any subdivision of their property and that they should not have to pay for a sewer connection that will never be used. The matter was referred to the Engineering and Finance Departments €or further study by motion of Councilman Shaw, seconded by Councilman Richards and carried. . MC CAULEY HEIGHTS 5TH ADDITION GRANTED FINAL PLAT APPROVAL. MY. Luce that all platting conditions had been fulfilled, Councilwoman Schmidt offered the following resolution and moved its adoption: Being advised by . RESOLUTION APPROVING FINAL PLAT OF .MC CATJLEY HEIGHTS 5TIi ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "McCauley Heights 5th Addition", platted by Betty J. McCauley, single, and presented at the Edina City Council Meeting of September 8, 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. Z935, b~u2 222 2s har&y gran:& f2zal ~1st qprGva1. . I __ . kEATHEX HILL GRAKCED FINAL PLAT APPROVAL. ma Courtney offered the following resolution and moved-its adoption: As recommended by Nr. Luce, Council- RESOLUTION APPROVING FINAL PLAT OF HEATHER HILL BE IT RESOLVED l5y the City Council of the City of Edina, Minnesota, that that certain plat entitled "Heather Hill", platted-by John HI Wright and Mary I. Wright, husband arid wife, and presented at the Edina City Council Meeting of Seytember 8, 1975, be and is hereby granted final plat approval. Morion 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. LOT 3, BZOCK 1, GLEASON THIRD ADDITION DIVISION APPROVED. Mr. Luce presented Lot 3. Block 1, Gleason Third Addition for lot division, as recommended by the Planning Commission and advising that the division will divide the lot down the party line of a double bungalow. FoIlowing resolution and moved its adoption. WHEREAS, the following described property is at present a single tract of land: TdHE-EEAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Councilman Richards thereupon offered the RESOLUTION Lot 3, Block 1, Gleason Third Addition; and ' That part of Lot 3, Block 1, Gleason Third'Addition, lying Southerly of a line described as follows: of Lot 3, a distance of 50.23 feet Southwesterly from the most Northerly cbrner thereof; thence Southeasterly to a point on the S.outheasterly line of Lot 3, a distance of 50.23 feet Southwesterly from the most Easteriy 1 corner thereof; and' Lot 3, Block 1, Gleason Third Addition, except that part lying Southwesterly of a line described as follows: line of Lot 3, a distance of 50.23 feet Southwesterly from the most Northerly corner thereof; thence Southeasterly to a point on the South- easterly line of Lot 3, 'a distance of 50.23 feet Southwesterly from the most Easterly corner thereof; and Beginning at 2 point on the Northwesterly line Beginning at a point on the Northwesterly 9/81 13 WHEREAS, it has been detemined that compliance wktb 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 Ordinance Nos. 801 and 811; NOW, THEREFORE, IT IS HEREBY.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 Councilas 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. LOTS 5 AND 6, GUNNAR JOHNSOX'S SECOND REARRANGEMENT OF ROLLING GREEN DIVISION APPROVED. of Rolling Green for division as recommended by the Planning Commission, ad- vising that the devision creates no new buildable lots. I Mr. Luce presented Lots'5 and 6, Gunnar Johnson's Second Rearrangement Councilwoman Schmidt 0 00 p3 w w v then offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Lots 5 and 6, Block 1, Gunnar Johnson's Second Rearrangement Rolling Green; and WHEBAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : RE SOLUTION . That part of Lots 5 and 6, Blockl, Gunnar Johnson's Second Rearrangement Rolling Green lying West of the East 110.0 feet of Lots 5 and 6 as measured at right angles to the East line of Lot 6 and its Northerly extensions; and That part of Lots 5 and 6, Block 1, Gunnar Johnson's Second Rearrangement Rolling Green except that part lying West of the East 110.0 feet of Lots 5 and 6 as'measured at right angles to the East line of Lot 6 and its Northerly extensions; 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 Ordinance NOS. 801 and 811; NOW, THZREFORE, it is hereby resolved by the City Council of the City of Ediaa 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 Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. ROUSHAR SQUARE ZONING CHANGE HEARING DATE SET. Councilinan Courtney's motion was seconded by Councilman Shaw and carried, that October 20, 1975,. be set as hearing date for rezoning or' Roushar Square (City of Edina for Darrel A Farr Development Corporation).from PflD-3 Planned Residential District tc R-1 Single Family Residence District. The'property is located gen- erally East of County Road 18, North of the Edina West condominiums and South of Fabri-Tek. , I * e. As recommended by Mr. Luce, FLOOD PLAIN PERMIT HEARING DATE SET. Courtney's motion was seconded by Councilman Shaw and carri.ed, that October 6, 1975, be set for hearing date'for a.Flood Plain Permit for 6836 Sally Lane. As recommended by Mi. Luce, Councilman. ' COhiDEHI?ITION PROCEEDINGS AUTHORIZED FOR LAND ACQUISITION FOR PARK "DS AND OPEN SPACE. Mr. Hyde referred to the results of the Special Election of September 4, 1975, and recommend.ed that the soundest way to acquire the various parcels of land would be to commence condemnation proceedings. He recommended also that no land be purchased until it is known how much all of the properties wkll cost. He further recommended that none of theeland be acquired until it is known how much all of the land will cost. that Mirror Lake is privately ow'ed. property, advising that the property was valued at $10,000 per acre in 1970 and that the acquisition would be very costly. Mr. L. J. Regan, 5101 Lake Ridge Road, recalled He questioned the interest in the IJhiteman Mr. Rosland reviewed plans for the 9/8/75 development of the pzrkland with Mr. and Mrs Bill Sherman, Mr. John Yartmonn, 5324 S. Blake Road, Jeffrey Benson, 5301 I?. Highwood Drive, Mr. Norman Garnezy, 5115 Lake Ridge Road, were told that neighbors would review plans for the park. ting to the park safely. &out the proposed park. Hyde pginted aut that the \$%iteman property is on the agenda because an offer had been macle which the City did not consider to be pzrticularly Following considerable discussion, Councilman Courtney offered the followir,g resolution approviDg negotiations and authorizing eminent domain and moved its adoptedion: IEREAS, it 9s necessary, advisable, and in the public interest that the City of Edina acquire additional land for public recreational, park, and plzyground purposes; and WHEREAS, in order to accomplish such-purpose, it is necessary for the City of Edina to acquire the real property described in Exhibit A attached hereto and hereby have an opportunity to Mr. Hartmann expressed concern about children get- An unidentified lady said that she was very pleased In response to a question of Mr. Garmesy, VI. good. I RESOLUTION made a part hereof; WEEREAS, it is nscessary and a4visabie tuat sucn acquisition prorreea 2s dill-. -. gently as possible, and that all reasonable effort be made to acquire all such properties by direct negotiation and purchase if possible, and by the use of eminent domain if necessary. NOG, THEREFORE, BE IT RESOLVED, that .the City of Edina proceed to acquire as soon as possible all of the properties described in said Exhibit A for the purposes s2t out, such acquisition to be by direct negotiation and purchase if possible, aad under its right of eminent domain if necessary, and that the City Attorney and the Mayor, Manager and Clerk of the City be and they hereby are instructed and directed to take all necessary action to acquire such properties by direct aegotiatioq and purchase if possible, and by the use of the pot:er of eminent domain if necessary, including, in connection with zny such eminent domain pro- ceeding, fhe Tiling of all necessary petitions therkfor, and to qosecute all - - such eminent domain proceedings to a conclusion or untii abandoned, dismissed, or terminated by the City of by. the Court;,that the City.Attorney, th'e Mayor, Wager and Clerk do all things necessary to be done in the acquisition and pur- . chase of said properties and in the commencement, prosecution, and successful termination of any such eminent domain proceedings. Motion for adoptfon of the resolution was seconded by Councilman Shaw and on rolkall there were five ayes and no nays and the resolution was adopted. Mayor Van Valkenburg advised residents that Mr. Rosland would keep in touch with them as to plans for future c2evelopments.. thanks of the Council to Messrs. Rice and McConville for all of their work in connection with the open space and parkland plans. ' . Councilman Richards expressed the YORKTOWN-4PaRTMENTS VALUATION HEUING TO BE CONDUCTED. attention to a-hearing to be held on September 23, 1975, at 1:30 p.n. in'Room Mr. Hyde called Council's 202 of the Centennial-Office Building, on the recommendation of the Hennepin County Board that the assessed valuation of the Yorktown Apartments (Plat 78125, Parcel 3600) be reduced from $ly140,0O0 to $1,065,400. t'ne hearing as a representative of the City. Mr. Swanson will attend LAWRENCE GOLD SUIT NOTID. .Mr. Hyde called Council's attention-to a suit against the City by e. Lawrence H. A. Gold relative to construction of his house at 6620 Gleason Road. ASSOCIATIOX OF fG,%TROPOLITAN IfUNICIPALITIES STUDY COIlMITTESS SOUGHT. Mr. Hyde called Council's attention to a letter from the Association of Xetropolitaa Muni- cipalities seeking the names of all persons who are williig and able to serve on several factional issue study committees. . The matter has been referred to the City Attorney. No action was taken. llHE2PLOYMENT COHPENSATION AWARD DISCUSSED. eployment conpensation award in favor of Mr. Bartston C. Rodger who had been dismissed because of unsatisfactory work. Councilman Courtney's motion was sec- orzded by Councilman Richzrds and carriea. that the League of Minnesota Xunicipali- t-iee attempt to get legislation adopted which would change the inequity of the law. Nr. Hyde advised Councix of an un- 1975 POLICE DEPARTMENT SALARY RESOLUTION ADOPTED. agreement still has not been reached on the wording of the Police Department Labor Contract, 'but recommended that the Salary Resolution be adopted with the under- standing that the checks caz be issued retroactively after the conrract hzs besn agreed upon. Councihan Courtney thereupon offered the following resolution and moved its adoption: Mr. Hyde advised Council that Exhibit A Tract 1 The property known as tLAe Cahill School Add tion, consisting of 18 acres in Plat- 73608, Parcels 2100, 210, 205 and 0500, lying generally South 6f Cahill School and West of Amundsen Drive, to the extent not to be acquire by subdivision dedication. Tract 2 The property known as Lincoln Drive Flood Plain, consisting of approxi- mately 29 acres, in Plat 73731, Parcels 4400 and 4210, and in Plat 73730, Parcel 0520, to the extent not to be acquired by subdivision dedication. Tract 3 The property known as Garden Park Addition, consisting of approximately 10.08 acres, in Outlot 1 of Edina Parklands, and in Garden Park, Parcels 4000, 4500, 5500 and 6200 I Tract 4 The property known as Karl Krahl's Hill, consisting of approximately 9.2 -- acres and located in the East Half of the Southeast Quarter of the South- west Quarter of Section 31, Township 117, Range 21, being Plat 73731, Parcels 1015, 2230, and 2240. Tract 5 The property known as the Moore Property on Melody Lake, consisting of approximately 4.9 acres in Plat 73733, Parcel 1600. Tract 6 The property known as the Hedberg Property, consisting of 12 to 15 acres, and located in the West Half of the Northwest Quarter of the Southwest Quarter of the South Half, Section 32, Township 28, Range 24, being in Plat 73832, Parcel 2800, to the extent not to be acquired by subdivision dedication. Tract 7 The property known as McCauley Trail South, consisting of approximately 10.67 acres, described as Lot 1, Block 5, McCauley Heights 3rd Addition; Outlot A of Indian Hills Arrowhead Addition; part of Lot 8, Auditor's Subdivision No. 196; and Outlot By Indian Hills Arrowhead Addition. Tract 8 The property known as the Moore Property on Mirror Lake, consisting of approximately 13 acres in Plat 73729, Parcels 4000 and 5400. Tract 9 The property known as the Rutledge Park House, consisting of approximately .2 acre, being Lot 7, Block 13, Cleveland Subdivision. xxx 9/8/75 c RESOLUTION ESTABLISHING THE SCHEDULE OF MAXIMUM WAGE RATES FOR POLICE DEPARTMENT PERSOHNEL BE' IT RESOLVED that the City Manager be authorized to impliment the following maximum wage rates for the City Police Department personnel far the year 1975 as sopn as a master agreement has been signed between M.A.M.A. and Local 320 as follows: co o* 00 CQ u w POSITION PRESENT - 1974 .- ' PROPOSED - 1975 Jan. -June July-Dec. Bi-w. (Annual). Bi-Wk. Bi-Wk. (Annual) Pat r o lman *F i rs t year 387 -69 (1 0,080) *I year service 432.92 (1 1,256) *2 year service 456.92 (1 1,880) *3 year service 478.62 ( 1 2 , 444) *4 year service 502.62 (1 3,0681 Detective . First Year 542 77 (14,112) (1 4,316) ' 1 year - service 550.62 2 year service 558.00 (14,508) . *The employee.shall receive an additional fighting duties which may be assigned by Motion for adoption of the resolurion was rollcall there were five ayes and no' nays -, - -- 427.20 437.88 (I 1,246) .477.03 488 36 (12,558) 527 39 540.57 (1 a ,883) 553 35 $67.70 ' (14,580) 553.85 585.86 ' (14,816) 553 85 594.36 (14,927) 553 85 602.31 (1 5,030) 503.48 516.07 8 (13,254) . $45.00 per month for performing fire- the City. seconded by Councilman Sha17 and on and the resolution was adopted. AD HOC PUBLIC HEALTH COMMITTEE REPRESENTATIVE APPOINTED. Hyde of the development of an Ad Hoc Public Health Committee by the South Hennepin Human Services Council, Councilman Shaw's motion appointing Councilwoman Schmidt as the City's representative on the Committee was seconded by Councilman Courtney and carried. Being advised by Mr. WATER TREATMENT PLANT MODIFICATION DISCUSSED. National Polution Discharge Control System is requesting that the City modify its Municipal Water Treatment Plant backwash system by building a settling tank basin at Water Treatment Plant No. 2. No action was taken. ROBERT SCHMITT NOTICE OF CLAIM NOTED. of Claim relative to a bicycle accident involving Robert Schmitt. The attorney and insurance company have been notified. Mr. Hyde advised Council that the Council was advised of receipt of a Nodice I PURCHASE OF OLD GRIMES HOUSE DISCUSSED. letter from Mrs. Francis M. Walsh regarding her plans to sell her 106 year old house at'4200 TJ. 44th Street (known as the Grimes.House) and inquiring if there would be any interest on the part of the City of the Historical Society to pur- chase the property. Mr. Dudley Parsons, Vice President of the Historic Society, emphasized that this house was built by Edina pioneer, Jonathon Grimes, and is the oldest house in the City. He urged that the Council take action to have the house placed on the Federal list of historic houses, after which it would be eligible for financial assistance by various foundations. Council members Schmidt and Comtney were appointed to work with the Historical Society for recommendations on the acquisition of the house. 1975 PEOPLE MAKING PROGRAM DISCUSSED. Councilwoman Schmidt advised that the Human Relations Commission had requested Council's approval of its People Making program, noting that the Commission. is still negotiating for a keynote speaker. Elr. Hyde objected to the proposal to pay speakers who are already working for a community funded organization to speak at this program. Mr. Hyde's objection to the Commission. representative of the Human Relations Commission attend the next meeting to respond to Council's questions. ROGER DOWNEY INTRODUCED TO COUNCIL. Council, advising that he is working with.the IWTC 1280 Series of newscasts for the City. information. Mr. Hyde called Council's attention to a Mrs. Schmidt will convey Councilman Richards also asked that a Mr. Hyde introduced Mr. Roger Downey to the Mr. Downey is. working on the CETA program with emphasis on public SECRETARY'S URGENT NE,EDS FUND XEQUESTED FOR MORNINGSIDE AREA IMPROVEHENTS. Hyde called Council's attention to a letter which he had sent to HUD requesting. information on the possibility of obtaining federal funds from'the Secretary's Urgent Needs Fund for the Morningside area improvements. Mr. "FAIR SHARE PAYMENT" FOR NON-UNION MEMBERS DISCUSSED. that the Hennepin County District Court has determined that the "Fair Share Pay- ment" for non-union members is unconstitutional. The City will continue to place the'Fair Share fees in escrow until the Supreme Court has made a determination. Mr. Hyde advised Council 9/8/75 .. 1 OWiKANCE NO. 451-A3 ADOPTED ON SECOND READING. Councilman Richards offered the following ordinance for Second Reading and moved its adoption: AN ORDINANCE &ENDING ORDIKANCE NO. 451 ORDINANCE NO. 45I-A3 TO ALLOW TEMPORARY SUBDIVISION AND REZONING SIGNS THE CITY COUi4CIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 3 of Ordinance No. 451 is hereby amended by adding thereto paragraph (x) as follows: "(x) 801 and Ordinance No. 811 shall be exempt from the provisions of this ord- inance and shall not require permits or payment of fees." Sec. 2. Sec. 6 of Ordinance No. 451 is hereby amended by adding to paragraph Temporary subdivision and rezoning signs, as required by Ordinance No. (d) Exemptions, a new subparagraph (7) as follows: (7) Temporary subdivision and rezoning signs, as required by Ordinance No. It 801 and Ordinance No. 811." Sec. 3. *This ordinance shall be in full force and effect upon its passage and publication. $lotion for adoption of the ordinance was seco-nded by C rollcall there were four ayes and no nays Schmidt and on ATTEST : L &./A City Clerk ORDINANCE NO. 801-AlO ADOPTED ON SECOND READING. Councilman Richards offered the following ordinance for Secont! Reading and moved its adoption: ORDIIMNCE NO. 801-A10 AN ORDINANCE AMENDING THE PLATTING ODINANCE (NO. 801) TO REQUIRE THE PLACING OF SIGNS ON LAXQ PROPOSED TO BE PLATTED, REPLATTED, . OR SUBDIVIDED, AXD PPSSCRIBING A PENALTY Tf3E CITY COUNCIL OF THE CITY OF EDINA, IfINNESOTA, ORDAINS: '. .. -. ., .. .. *I Section 1, Sign Required. Sec. 3 of Ordinance No. 801 is hereby amended by . "fei ins persvns ZeqcesLing apgwval oi a piac, replat, or siibS%~S.%~i~ cs-f lziid shall erect, or cause to be erected, a sign or signs as required by subparagraph (d) of paragraph 6 of Section 12 of Ordinance No. 811, except chat the iafoirmz- tioo contained thereon shall be as follows: "Edina Planning Comissioli to consider on "Edizla.City Council to consider on adding thereto a subparagrzph (e) as follows: -I This property proposed for subdivision into lots. (I (insert date of first meeting) . (insert estimated date of first .. . meeting) - " Names of Persons Requesting) " Telephones of Persons Requestfng) The erection of such sign or signs shall be evidenced as set out in said Ordinance No.'811, and such plat, replat, or subdivisioil shall not be deemzd presented to the City, iior be reviewed by the Planning Commission or City Council, until such sign has, or signs have, been erected and evidence thereof subnzitted as herein required. The persons requesting such plat, replat, or . subdix7isfon shall be responsible for changiilg the dates on such sign or signs as circutnstances require, Plaorrizg Department. repair and shall be maintained in place until a final decision on t:.e.reqnest has been made by the City Council, and shall be.removed by the person requesting aporoval of such plat, replat, or subdivision within five (5) days after such final decision. The failure of any such person to full57 comply with the pro- visions of this paragraph relating to such sign or signs shall not prevent the Planning Coinmission and City Council from acting on such requese nor invdidate any approvals granted by the City Council. If such signs are not kept in good repair or ren;oved as herein required, then such signs shall be deemed a nuisance, 2nd may be abated by the City by proc-eedings under YLnnesota Statutes, Chapter 429, and the cost of abatement, including adninistrative expenses, may be levied as a spccial assessment against the property upon which the sign is located, 01 the person requesting such plat, replat, or subdivision may be prosecuted for violation of this ordinance, and if convicted, shall be guilty of a misderoeanor an& subject to a fine not exceeding $300, or imprisonment for a period not exceeding 90 days, with costs of prosecution, in either csse, to be added. Each period of 24 hours during which such signs are not in good repair or not removed shall be a separate offense.'' Sec. 2. It .- , and also shall change them as directed by the The sign or signs at all times shall be kept in good I . This ordinance shall be in full force and effect upon its passage and publication. . -e-- . -- . . ,. . _- 9/4/75 2.1 !3-, Motion for adoption of the ordinance was seconded by Councilwoman Schmidt and on rollcall there were five ayes and nu na ATTEST : City Clerk J OUTLOT 2 OVERHOLT HILLS GEORGIA AND OUTLOT A, OVERHOLT HILLS GEORGIA 2nd ADDITION, QUIT CLAIM DEED ACCEPTED BY CITY. Council was ,advised that the Northwestern National Bank has tendered a Quit Claim Deed conveying fee title to Outlot 2, Overholt Hills Georgia and Outlot A, Overholt Hills Georgia.2nd Addition to the City. Mr. Erickson clarified that the two easements are strip lots for Shawnee Circle and Gverholt’Pass and are being maintained under an easemen.t. As recom- mended by Mr. Erickson, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED that the City Council of the City of Edina does hereby accept Quit Claim Deeds for outlct 2, Overholt Hills Georgia, and Outlot A, Overholt Hills Georgia 2nd Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes with Councilman Shaw abskaining and the resolution was adopted . RESOLUTION FIRST JOHN PHILIP SOUSA MEMORIAL BAND TO BE SPONSORED BY CITY. Mr. Hyde, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby authorize sponsorship of the First John Philip Sousa Memorial Band. by the City oE Edina Park and Recreation Department, thereby designating the First John Philip Sousa Memorial Band as a civic, non-profit organization. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. As recommended by RESOLUTION CITY MANAGER COWNDED FOR LETTERS. the’letters which he wrote to Governor, Anderson on State Aid and to Mr. Thomas T. Councilman Courtney commended Mr. Hyde on Feefiey, Area Director of HTJD, requesting funds ?rum iile Secretdry’s Urgent Needs Fund to pay a’portion of the cost of the proposed Morningside area improvements. - 10 FOOT UEEERBODY BLADES PURCHASE AUTHORIZED. man Courtney’s motion axthorizing purchaseof two 10 foot underbody blades at a total cost of $3,150 was seconded by Councilman Shaw and carried. - TRANSFEII OF PiGK KZiQDS CONTINUED UNTIL AFTER BUDGET APPROVAL. funds which bad been continued from June 2, 1975, was further continued until ‘the 1976 Budget is approved. As recommended by Mr. Hyde, Council- Transfer of Park LIQUOR FTJNB AS OF JUNE 30, 1975, was presented by Mr. Dalen, reviewed and ordered placed 011 file by motion of Councilmar, Courtney, seconded by Councilman Shaw and carried. SURPLrJS AND RESEEVES as of December 31, 1974, was presented by Mr. Dalen. Vzn Valkenburg requested that this be continued for consideration with the 1976 Budget. COHMISSION EEMBERS APPOINTED. As recommended by Mayor Van Valkenburg, Councilman Courtney’s motion was seconded by Councilwoman Schmidt zDd carried, approving the following commission appointaents: Human Relations Commission - Mrs. Birdie Bagley, School Board Representative, Robb Peterson, College Representative, Mary Rzeszut, High School Representative; Environmental Quality Commission - Jim Poehler, High School Representative. OPTION ACCEPTED FOR WHITEEL4N PROPERTY. As recommended by Mr. Dalen, Councilman Courtney offered the following resolution and noved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council authorize the City Treasurer to tender an optj-on to purchase the %.%iteman property, hereinafter described, for $100,000: Mayor * All that part of the North half of the Southwest Quarter of the Southwest Quarter of Section 29, Township 117, Range 21, Hennepin County, Minnesota, tlte exact legal description of which shall be determined by a survey prepared bh Optionee, at Optionee’s expense, as soon as possible afcer exercise by Optionee of the Option; 9/8/75 Subject to an easement €or ingress and egress as shown in deed Document No. 1108243, Files of the Registrar of Titles; Subject to an easement of Northern States Power Company as shown in Easement Document 2123009, Files i-lf the Registrar of Titles. 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. The authorization was subject to the understanding that the purchase will not be consumated unti.1 options are in hand for all other properties Broposed to be pur- chased in accordance with the results of the September 4, 1975, Special Election. CTAIIS PAID. carried for payment of the following claims as per Pre-TAst dated September 8, 1975: $25,875.80; Water Fund, $20,796.78; Liquor Fund, $42,136.72; Sewer Fund, $56,711.24; Improvements, $1,316.69; Total, $254,633.99; and €or confirmation of payment of the following claims: General Fund, $217,752.59; Construction Fund, $24.37; Park Funds, $5,407.17; Water Fund, $1,629.80; Liquor Fund, $99,933.34; Advance Funding Highway Bond Fund, $197,941.67; Total, $522,688.94. Motion of Councilman Courtney vas seconded by Councllman Shaw and General and Revenue Sharing, $94,395.31; Construction, $10,401.45; Park Funds, Wo further business appearing , Councilman Shm' s motion for ad j ournment was sec- onded by Councilman Richards and carr,ied. Adjournment at 10:25 p.m. 1 i' ., D