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HomeMy WebLinkAbout19751020_regulari- .. MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY, OCTOBER 20, 1975, 7:OO P.M. Answering rollcall were members Courtpey, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of Budget Meetings of September 15, 17, 22, 24 and 29, 1975, and of the Regular Meeting of October 6, 1975, were approved as submitted by motion of Councilman Shaw, seconded by Councilwoman Schmidt and carried. IRS. DORIS PARKER RECOGNIZED UPON HER RETIREMENT. Resolution of Appreciation in recognition of the forthcoming retirement of YES. Doris Parker: TYHEREAS, Mrs. Doris W. Parker has been a faithful employee of the City of Edina for twenty-one years, having served on a part-time basis from December 27, 1954, until becoming a full-time employee in September, 1956; and Mayor Van Valkenburg read a RESOLZPTION OF AfDPRECIATION WHEREAS, over these years, Mrs. Parker has served as Secretary to the Finance Director of the City of Edina, in which position, along with her many other duties, she exhibited her exceptional ability in statistical typing in prepara- tion of the City Budget; and WHEREAS, Mrs. Parker has endeared herself to her fellow workers with her cheery smile and her willingness to ably assist wherever and whenever she was needed; and WHEmAS, Mrs. Parker will retire from her position with the City of Edina on October 31, 1975; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby whole- heart edly commend for her many years of dedicated service to the City of Edina and does wish her a very happy retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be recorded upon the Minutes Book of the City of Edina and that an appropriate copy of this Resolution be presented to Mrs. Parker. Courtney, seconded by Councilman Shaw and unanimously carried. MRS. DORIS W. PARKER Mni-inn .Fnr f-;sfi z,:l-.ptir.n .-,f thP fnrPs;..fr..=: - resolution w,q.r, nffered by; Czzncilman I STFXET IMPROVEMENT NO. BA-100 SPECiAL ASSESSMENT LEVIED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. presented Analysis of Assessment showing total construction cost at $27,818.32, with additional right-of-way cost of $3,500. The City share of the project was given at $15,427.03, leaving $14,891.29 proposed to be assessed against 109,867 assessable square feet at $0.2532 per assessable square foot against estimated assessment of $0.14556. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: Mr. Hyde RESOLUTION BOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUivT OF STREET IMPROVEMENT NO. BA-100 32 IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment roll for the improvement hereinafter referred to, and at such hearing held October 20, 1975, has considered all oral and written objections presented against the levy of such assessment. 2. the City Clerk for STREET IMPROVEMENT NO. BA-100 does not exceed the local benefits and said assessment is hereby adopted and confirmed as the proper assessment on account of said improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3. irstallnentto be payable, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1976, with the general 'taxes for the year 1975. 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 tax lists of the County in accordance with this resolution. 5. The Clerk shall also mail notice of any special assessments which may be pay- able by a county, by a,political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. The City has given notice of hearing as required by law on the proposed The assessment, as set forth in the assessment roll on file in the office of I conferred by said improvement upon the lot, tract or parcel of land so assessed, The assessment shall be payable in ten equal annual installments, the first The City Clerk shall forthwith prepare and transmit to the County Auditor a I.. , I ?kcton for adoption of the resolution was seconded by Councilman Shav and or. rollcall there were five ayes and no nays and the resolution was adopted. * OmINAhTEE NO. 811468 GWTED FIRST PLEADING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Luce recalled that the property, located East of County Road 18, Horth of the Edina \?est Condominiuitls and South of Fabri-Tek, and platted originally as Roushar Square had bcen rezoned in 1973 to PRD-3 Residential District and that, as recommended by the City Attorney, the Council had rescincied the plat of Roushar Square on August 18, 1975. was made to a letter from Darrel A. Farr Developinent Corporation and a letter fram t@e First Wisconsin National Bank, indicating their desire to relinqui.sh all rights, title and interest in the zoning and platting of Roushar Square and rea_u:?st- ing that their parkland dedication fee be refunded. Councilman Richards, Mayor Van Valkenburg clarified that the zoning has actually lapsed already by virtue of the zoning Ordinance and that this hearing -is being conducted merely to clear the records. Nr. Luce said that it is not necessary trj send notices to the Metropolitan Council with regard to rezoning the property wh-ch will .be subject to the Western Edina Plan which is now in the process of being .==ended. the property will be zoned for multiple residence rather than for industrial zon5ng. A mortgage officer of the First Wisconsin National Bank said that the bank is rely- ing on FRD-3 zoning and that they hope to offer the property for sale for either industrial or medium dsnsity residential zoning. He was reminded by Mayor Van Val- kaiburg of the letter dated June 23, 1975, in which the bank had relinquished "all. right, titie 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 therewith". Shawls notion was seconded by Councilman Courtney and carried that the Council confirm the reversion of the property to R-1 Residential District as established by prior ordinance. First Reading: Refereace In response to a question 0: He said that the Planning Comission is now taking steps to assure tha:: Councilma Councilman Courtney then offered the following ordinance for ORDINANCE NO. 811-A68 AN ORDINANCE MENDING THE ZONING ORDINANCE (NO. 811) FROM PRD-3 PLAENED RESIDENTIAL DISTRICT . I ' SY REZONING PROPERTY TO R-1 RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Residential District (PRD-3) is hereby repealed in its entirety. by Pzragraph 1 of Section 3 of Ordinance 811, the following: Section 1. Ordinance'No. 811435 adding certain property to the Planned SFC- 2, There is hprehy added to $-hP Sinp?a Pn;;.fJy fi'strirt (??-I?: Tf.zatEy That part of the Si? Quarter of Section 31, Tmnship 117, Range 21, described as beginning at a point on the West line of said Section 1589.04 feet NortL of the Southwest corner of said Southwest Quarter; thence East to a point 1629.21 feet North of the South line of said section as measured along a En% * drawn parallel to the East line of said Southwest Quarter of Section 31 free= a point on the North line of said Southwest Quarter 990 feet Nest of the Northeast corner of said Southwest Quarter, the said South line of said secti.on being a straight iine between the Southwest corner and the South Quarter corner of said Section 31; thence South along said parallel line 536.43 feet, more or less, to a point in said parallel line distant 1086.14 feet North of the South line of said Southwest Quarter, said South line being a straight line betweer, the closing corner.for the Northwest corner of Section 6, Totmship 116, Range 21, and the South Quarter corner of said Section 31; thence West . to a point on the Vest lin-e of said Southwest Quarter distant 1059.36 feet North of the Southwest corner of said Southwest Quarter; thence North along. said West line 529.68 feet to the point of beginning; except that part of th;: above described tract lying Westerly of a line parallel with and 40 feet Easterly of the following described line: for the Northwest Corn& of Section 6, Township 116, Range 21; thence South G2u. 24' 02" East (assdng khe West line of- the Northwest quarter of said Section 6 as bearing North 4O, IS', 05" West) a distance of 693.43 feet; thence North 46O, 21', 27'' West a distance of 854.85 feet to the actual point of beginniry of the line to be described; thence North 21' feet; thence along a tangential curve to the right with a radius of 1819.86 feet and a central angle of. 16' 16' 40", a distaoce of 517.02 feet; thence Northerly, tangent to the above described curve, a distance of 200 feet and there terminating, according to the Government Survey thereof. Sec. 3. This ordinance shall be in full force and effect upon its passage and * Commencing at the closing corner 55' 42" West a distance of 617.2 . - publicat ion. - ORDINANCE NO. 811-A67 ADOPTED ON SECOND READING. Councilwoman Schmidt offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 811-A67 AN CRDINAXCE AMENDING THE ZONIXG ORDINANCE (NO. 811) BY ADDING A HERITAGE PRESERVATION DISTRICT, DETERMINING THE PROCEDURE FOR ESTABLISHMENT OF THE DISTRICT, REGULATING WORK TkEREIN, REQUIRING REPAIRS ON BUILDINGS AND STRUCTURES THEWIN, AND PRESCRIBING *. - PENALTIES AND REMEDIES FOR VIOLATIONS 5 1 O/ 20 /7 5 CD 0 00 p3 w u I =.7 . THE CITY COUNCIL OF THE CiTY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Sec. 11 '4Defipitions) and Sec. 12 (Administration) to Sec. 12 and Sec. 13, respect%vely. . Sec. 2. Sec. 2 of Ordinance No. 811 is hereby amended by adding 8 new 'district to the list of districts therein contained, as follows: "Heritage Preservation District Section 11) I' Sec. 3. Ordinance No. 811 is hereby amended by adding a new Sec. 11 as follows : "Sec. 11. Heritage Preservation District. 1. Purpose. The City Council of the City of Edina believes that the pre- servation of &he buildings, lands, areas and districts which possess historical or architectural significance will promote the educational, cultural and general welfare of the residents of the City, and, therefore establishes the zoning classification to be known as the Heritage Pre- servation District. tion District shall not change or affect, in any way, the uses allowed on, and the restrictions and requirements then or thereafter applicable to, the laEd under any other zoning classification in which the land is then or thereafter located, all of which shall continue to apply, but the additional restrictions of the Heritage Preservation District shall also apply to such land once transferred to the Heritage Preserva- tion District. Procedure for Establishing a Reritage Preservation District Zoning. The Council shall not consider the transfer of any parcel of land to the Herftage Preservation District until it receives the recommendation of the Planning Commission accompanied by the report of the Heritage Pre- servation Board, or until sixty (60) days have elapsed from the date of the request from the Council to the Planning Commission and Heritage Preservation Board without a recommendation of the Planning Commission, all pursuant to Ordinance No. 802, and, if the Planning Commission does make a recommendation within said sixty (60) day period, then the Council shall not consider such transfer until it also has received the comments of the Edina Historical Society and the Minnesota Histori- cal Society or until sixty (60) days have elapsed from the date of the- recommendation of the Planning Commission was forwarded to such societies pursuant to Ordinance No. 802, without receipt.of comments Preservation District shall be accomplished pursuant to subparagraph (g) of paragraph 6 of Sec. 13-of this ordinance and the recommendation of the Planning Commission, if made, shall be deemed a request of the Planning Commission under and pursuant to subparagraph (a) of paragraph 6 or' Sec. 13 of this ordinance. the Heritage P.reservation District, the interior appearance of any buildings then located thereon shall also be deemed subject to the permit requirements oE this Sec. 11, unless in making.the transfer of any specific parcel of land into the Heritage Preservation District, the ordinance specifyically states that the interior of any one or more buildings, specifying'tthe same, is not subject to the permit require- ments of this Sec. 11. 2. Uses, Site Requirements. The transfer of land to the Heritage Preserva- 3. LLYU .-. *?m-L.v:a S;Cl;t:pS. ~~k..,~~~==, transfer of -h.- lgnrl yq ?.?.A l?o-ri+aue - In transferring any land to 4. Filing of Transfer. Preservation District, the City Clerk shall file a certified copy After the transfer of any property to the Heritage of the amendnent to this ordinance making such transfex with the office of the Register of Deeds or the Registrar of Titles, which- ever office is appropriate, but failure to so file shall not affect the validity of such transfer or the application of the provisions of this Sec. 11 to such property. Permit Required for Certain Work. A permi2 shall be required under and pursuant to this Sec. 11 before any of the following work is done on or to any land within a Heritage Preservation District or in, on or to any improvements thereon: (a) nanner the exterior appearance, or the interior appearance, of a building, unless the interior of the building is not subject to.the permit requirements of this ordinance as set out in the ordinance transferring the land OR which the building is situated to the.=Heri- tage Preservation District; (c) (d) (e) ment ; Any work for which a permir is granted pursuant to this Sec. 11 shall yet be subject to all other requirements, including other permits required, for such work under other ordinances of the City. 5. Any remodeling, repairing or altering that will change in any . (b) moving a building; destroying a building in whole or in part; changing the nature or appearance.05 the land; construction of new building or any other structure or improve- L i 6. Procedure for Obtaining Permit. (a) Application with Building Official. A permit applicant shall be an omer of the land or building upon which the work is to be done. permit applicant shall make application for the permit required by paragraph 4 hereof with the Building Official on forms provided by him, and containing at least the following information: (1) description and address of the propertyR; (2) names of the owner or owners; c (3) plans for the work to be done under the permit, showing the same in such reasonable detail as the Building Official shail required ; The (4) if remodeling, repairing or altering is to be done, renderings or pictures, showing the condition of the building or buildings after completion of the proposed work. Submission to and Recommendations of Planning Director and Heri- tage Preservation Board. the application, with all required information, to the City Planning Director. The Planning Director shall make his report and recommendation on the application to the Planning Commission and the Heritage Preservation Board, and the Heritege Preserva- tion Board after making its findlngs pursuant to Ordinance No. 802 shall make its recommendation to the Planning Director to approve or disapprove of the issuance of the permit. Heritage Preservation Board does not make its recommendation 3y written report given to the Planning Director within sixty (60) of the Planning Director, the Heritage Preservation Board shall The Planning Director shall not authorize issuance of any permit pursuant to this Sec. 11 which the Heritage Preservation Board has disapproved. permit only upon receipt of the approval of the Planning Director. authorizing issuance of the permit, or if he receives no notice of disapproval from the Planning-Director denying issuance of the building perlpit within ninety (90) days after submission subparagraph (b) above. approves of the issuance of the building permit within the nine$-/ (90) day period set out in subparagraph (c) above, the Building Official shall not issue the permit to the applicant. In such event applicant shall have the right to appeal to the Board of Appeals and Adjustments pursuant to Sec. 13 of this Ordinance No. 811. The Planning Director shall issue each applicant denred a building permit, upon request of such applicant, a copy of his report and that of the Heritage Preservation Board with respect to the application, including their respective recom- mendations, if any, for changes necessary to be made for approvzj- of applicar,t's permit request. Hearing Snd Order by Board of Appeals and Adjustments. cedures for hearings and orciers by the Board of Appeals and Ad- (b) The Building Official shall submit 1 If the days cf the submission to it of the report and recommendation be deemed to have approved of the issuance of the permit. -. * (c) Issuance of Permit. The Building Official shall issue the . I '- i-- +h- Qq-2 7 A4-e PFF4 -4 01 -, -__ - ----_- _--_-__. d - - -___ trr thn J I ....r:irlg TI$ nctov rr.rras.or.+ ?,> .% (a) Denial of Permit; Approval. If the Planning Director dis- 1 (e) The pro- justments on appeals made pursuant to this Sec. 11 shall be the same as for.other appeals under and pursuant to Subparagraphs (c) and (f) of paragraph 6 of Sec. 13 of this Ordinance No. 811, except that notice of the hearing shall be.given in the sane manner as a request for variance, and shall also be given to the Heritage Preservation Board and the Planning Codssion. The decision of the Board of Appeals and Adjustments may be appealed to the Council pursuant to subparagraph (f) of paragraph 6 of Sec. 13 of this,Ordinance No. 811. '(f) Haringand Decision by Council. The procedures for hearings and decisions by the Council for appeals made pursuant to this 'Sec. 11 shall be the same as set out in subparagraph (9) of paragraph 6 of Sec. 13 of this Ordinance No. 811, except that notice of the hearing shall be given in the same manner as an amendment transferring land from one district to another, and shall also be given to the Heritage Preservation Board and the Planning Commission. I 7. Maintenance of Historic Buildings and Structures. Every owner or person in possession of a building or s.tructure situated on land in the Heritage Preservation District shall keep in good repair all of the exterior portions of such bu,ilding or structure and all interior portions thereof unless the ordinance, as set out in paragraph 3 of lO/zO/75 8. this Section 11, specifically states that the interior of that building or structure is not subject to the permit requirements of this Sec. 11, provided, however, that such interior portions shall be maintained even if not otherwise by this Section 11 where failure to maintain may cause or tend to cause the exterior portions of such building or structure to fall into a state of disrepair. Order to Repair; Remedies for Violation. (a) Whenever it shall come 'to the attention of the Building OEficial, by written complaint of any person or agency, or Inspection. otherwise, that a building or structure is in violation of paragraph 7 of this Sec. 11, the Building Official, in the course of his duties, shall cause a preliminary examination to be made of the building or structure and premises. structure is in violation of paragraph 7 of this Sec. 11, he shall then cause a detailed inspection of the building or structure to be made. Upon completion of the inspection, if it then appears that the building or structure is iil. violation of said paragraph 7, the Building Official shall issue a written order to the owner or occupant thereof requiring repair. (b) Any person who deems himself aggrieved by any such order may appeal such order to the City Council by filing a written appeal with the City Clerk within thirty (30) days of such order. Such appeal shall fully state the order appealed from, the date thereof, and the facts of the matter. Upon such an appeal being filed, the Building Official also shall make a written report, supplemented by written reports from the other agencies, employees, departments and officials called up013 by him in the execution of the inspection, and submit the reports, together with his recommendations, autmented by the recommenda- tions of the other agencies, employees, departments and officials called upon by him in the execution of the inspection, and submit the reports, together with his recommendations augmented by the recommendations of the other agencies, employees, departments and officials involved in the inspection,to the the Council. If no appeal be filed within said thirty (30) day period, the order shall be deemed-final. (c) the Building Official, and if there is probable cause to believe that the building or structure is in violation of said paragraph 7, shall have the matteL ZCL LVL LICGL~:~~. If it then appears that the building or Appeals. Council to Call Hearing. The Council shall examine the report of ' -- (d) Notice of Hearing. prescribed by the Council. Note of hearing shall be given in a form It shall set forth the street address - and legal description sufficient for identification of the pre- mises upon which the building or structuxe is located. contain a brief statement of the conditions mentioned in the report of the Building Official which show probable cause to believe that the building or structure is in violation of said paragraph 7. It shall also state the date, hour, and place of the hearing and shall order all interested parties who desire to be heard in the matter to appear before the Council to show cause why the building or structure should not be ordered repaired. It shall (e) Service of Notice. (i) One copy of the notice shall be served upon the person, if any, in real or apparent charge and control of the premises involved; the record owner; the holder of any mortgage, trust, deed, or other lien or encumbrance of record; the owner or holder of any lease of record; the record holder of any other estate or interest of record in or to the building or structure or land upon which it is located. (ii) The notice of hearing shall be served within ten (10) days prior to the date set for the hearing. (iii) entitled thereto either personally or by certified mail. Service by certified mail shall be effective on the date of mailing if a copy of such notice is so mailed, postage prepaid, return receipt requested, to each such person at the address of such person as The notice of hearing shall be served upon all persons ' it appears on the last equalized assessment role of the County or as known to the City Clerk. known to the City Clerk, then a copy of the notice shall be addressed to such persons at the address of the building or structure involved in the proceedings. or other person to receive such notice shall not affect in any manner the validity of any of the proceedings taken hereunder. (iv) The officer or enployee upon serving the notice as provided herein shall file an affidavit thsreof with the City Clerk certi- 'fyihg to the time and manner in which such notice was served. He If no such address so appears or is The failure of any owner ... i- i shall also f41e therewith any receipt which may have been returned to him in acknawledgment of the receipt of such notice by certified mafl. (f) Searing. The Council, at such hearing, shall hear and con- sider any evidence offered by the person or persons having any estate or interest in such building or structure pertaining to the matter set forth in the report of the Building Official, and any evidence offered by any other persor? who is to be heard. The Council, upon conclusion of the hearing, at the sifme meet- ing or at a specified future meeting thereof, shall make its decision, giving its reasons therefor, as to whether or not the building or structure in question in in violation of said paragraph 7. (8) the evidence in testimon~ received at the hearing, the Council Order to Repair. If, from a full and fair consideration of shall determine that the-building or structure involved in in violation of said paragraph 7, then it shall issue an order that the building or structure be repaired. set forth the street address of the building or structure and a legal description of the premises sufficient for identifica- t-Lon. It shall contain a statement of the particulars which render the building or structure in violation of said paragraph 6, and a statement of the things required to be done. The order shall state a reasonable time within which the work required inust 5e ccnmenced, and shall further specify' a reasonable time within which the work shall be completed. The time for completion may, by action of the Council, be extended for just causes and such authority for extended time shall be given In writing by the Couiicil upon written application of any interested ?arty or parties. the individuals and in the manner as prescribed above in'sub- paragraph (e). (h) Penalty for Disregarding Order. is not complied with within the time provided herein, the Crty The order shall Copies of the order to repair shall be served upon If the order. of t5e Council nay make the necessary repairs through its agents, employees, or contractors. for all reasonable expenses incurred in making such repairs, --.-1',-L 12-- -L-? -l encumbrances, except taxes, assessments, and mortgages recorded prior to the existence of such lien and may be foreclosed in the same manner as a mechanic's lien. subparagraph (in) shall be in addition to the penalty provisions of subparagraph 8 of paragraph 6 of Sec. i3 of Ordiiance No. all. I The City shall have a lien against the property' ~ -.------ -_--. "lll2A. k-:c p%G.xJ vv;. o.;?, aGk& zie1m au; The.provisions of this - Sec. 4. This ordinance shall be in full force and effect cpon its pass-. age and publication. Motion for adoptfon of :he ordinance was on rollcall there were five ayes and no n ATTEST : 4 ORJXXAHCE NO. SC2-A2 ADOPTED ON SECOND PZADING. Councilwoman Schmidt offered .the following ordinaxe for First Reading and moved its adoption: ORDIXANCE NO. 802-A2 4 AN ORDINANCE AMENDING ORDINANCE NO. 802 UNDER THE PLARNIRG COEDiISS ION TO ESTABLISH A HERITAGE PRESERVATIOX BOARD I- AND DEFINING ITS POVERS AND ACTIVITIES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Sec. 8 as follows: Section 1. Ordinance No. 502 is hereby amended by adding thereto a new Sec. 11 8. Heritage Preservation Board. (a) Establishment of Board. believlng that the preservation of buildings, lands, areas or districts which possess historical or architectural significance will promote the educational, cultural, and-general welfare of the residents of the City, does hereby establish the Edina Heritage Preservation Board under the Phnninz Commission. Tine City Council of the City of Edfna, - (b) of assisting and advising the Council, Manager, Planni.ng Coi~mission and the Park Board on all matters concerning the-identification and - Pui-8ose of the Board. T!ie Beard is establfshed Ecr the purpose preservation of buildings, lands, arees or districts wholly or -. 1(3/20/75 c 1 >* L partly within the City, which are of particular historical or architectural or architectural significance or.vhich possess particular cultural or educational value, including the review and recommendation or policies for and the promotion of interest within the City for the identification and preservation of such buildings, lands, areas or districts. (cs Duties and Responsibilities. The duties and responsibilities of the Board shall be: (I) To designate buildings (including interiors where appropriate), lands, areas or districts in the City for heritage preservation in the following manner : (a) the Board, together with the City Planning Director, Park Board, and the Environmental Quality commission, from time to time, on its own motion and also at the request of the City Council directed to the Planning Commission and the Board, shall investigate, determine and report on the buildings, lands areas or districts within the City to be considered for preserva- tion. lands, areas or districts. (b) only such buildings, lands, areas or districts shall be considered which: exemplify or reflect the broad cultural, political, Any such report may include any’one or more buildings, (i) economic or social history of the nation, state or communit- ity; or (ii) are identified with historic personages or with important evgnts in national, state or local history; or 4 (iii) embody the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; (c) this report shall be forwarded to the Planning Commission for review. (d) upon receipt of the Board report, the Planning Commission shall review the same and forward its written recommendation, accompanied by the report of the Board to the Council for designation of any,.all or none, of the buildings, lands, areas or districts contained in the Board report for heritage preserva- Lon, IS xhicn me rozsons for the ris;r,ning Lommisszon’s recom- mendations and report to them. _.. -(2) Pursuant to paragraph (d) below, to review, and make recommenda- ftions for the approval or disapprovaz of, the issuance of permits to do any of the work for which a permit is required in the Heritage ’ Preservation District pursuant to Sec. 11 of Ordinance No. 811. The Soard shall make its recommendation for the approval or disapproval of a permit within sixty (60) days of the submission to it of the report and recommendation of the City Planning Director on the application, and give its reasons for approval or disapproval, and recommendations, if any, for changes necessary to be made for approval of the permit . request. (3) to paragraph (e) below. To make recommendations for acquisitions and variances pursuant (d) Decisions of the Board on Permits. Before making its recommendations for approval or disapproval of any permit, the Board shall consider and make written findings in regard to the following: (1) existing building or structure, whether such work will materially impair the architectural or historical significance or value of the building or structure, and the BoaEd shall include in its findings, information as to the existing structures and existing exterior appearance, building height, building width, depth, or other dimensions, roof style, type of building materials, ornamentation, setbacks, color and physical location and surroundings of the building or structure. (2) of the land, whether such change will materially impair the historical significance or value of the land or the buildings or structure thereon, and the Board shall include in its findings, information as to the existing physical characteristics of the land, buildings and structure, and such other matters as may be pertinent. (3) part, of a building or structure, whAther such building or structure .‘is of architectural or historical value, and whether such moving or demolition will materially impair the architectural or historical significance or value of the land or other buildings or structures thereon, and the Board shall include in its findings, information as to: architectural and historical merit of the building or structure, In the case of a proposed remodeling, repair orsalteration of an In the case of any proposed change in the nature or appearance In the case of the proposed moving or demolition, in whole or in L 10/20/75 0 i i the effect on surrounding buildings and structures, the effect of any new proposed construction on the remainder of the brzilding or structure (in case of partial demolition), and on surrounding buildiiigs and structures, the economic value or usefulness of the building or structure as it now exists, or if moved or demolished, in whole or in part, in comparison with the value or usefulness of any proposed buildings or structures designated to replace the present building or structure. (4) of the land, whether such chznge will materially impair the historical significance or value of the land or the buildings or structure thereon, and the architectural or historic value of adjacent land or buildings or structures thereon. Recommendations for Acquisition, Transfer of Development Potential and Variances. (1) In the event the Board finds the buildings, lands or areas within a iieritage Preservation District cannot be preserved without acquisition, the Board shall recommend to the Council that the property in question, or an interest therein, be acquired by gift, by negotiation or by eminent dozcain. (2) If the Board finds that buildings, lands or areas within a Heritage Preservation District cannot be preserved unless funds are made available to the owner of the property within such district, througS the sale or lease of undeveloped potential of the preserved site to other designated private property not within such district, the Board may recommend to the Planning Commission and Council that floor area that would normally be allowed to be constructed on the designated property, which is in excess of the actual development thereon, be assigned to other designated property and the additional floor area constructed there. (3) ments that variances from the strict enforcement of Ordinance No, 811 of the City be granted when the Board finds that such variances are necessary to alleviate undue hardship because of circumstance& unique to the individual property under consideration and resulting from inclusion of the property within the Heritage Preservation District. iiiher Duties. ID addition to tnost cii=iss air;Gdy speciricz, che (1) purpose of heritage preservation, with the prior conse-ilt of the Council. (2) of applications for grant funds to be made to the City for the purpose of heritage preservation. (3) or national historic site, or applications to the National Registe,, with the prior consent of the Council. Membership. The Board shall consist of seven (7) members. They . ' In the case of any proposed change in the nature or appearance (e) - The Board nay recommend to the Board of Appeals and Adjust- * I. Board shall; Solicit gifts and8contributions to be made to the City for tli.5 *'- Upon request of the City Council, assist in the preparation Make applications for designation of any property as a state shall'be appointed by the Mayor witp the consent of a majority of the members of the Council. Members of the Board shall be residents of the City, &all have an interest in preservation of the heritage or' the City and shall be appointed with due regard to their fithess for the efficient dispa'tch of the functions, duties and responsibilities vested ir; and imposed upon the Board. of the Hennepin County Historical Society who are also residents of Edins. years, except for high school or college students who shall be appointed for-terms of one (1) year each, and except the first Commission appoirzted, which shall have three (3) nenbers with one (1) year terms. Upon the expiration of his term of office, a member shall continue to serve until his successor shall have been appointed. Any person appointed to fill a vacancy occurring prior to the expiration of the term for which his pr&ecessor 17as appointed shall be appointed for the remainder of such tern. Members of the Board may resign voluntarily or be removed from office by majority vote of the Council. (h) Orgznization. The Committee shall: One member shall be selected from those members Members of the Boardxshall be appointed for terms of two (2) (1) a term of one (I) year; (2) conduct of its business; (3)' Appoint a secretary from within its own group, or request assignment of a staff secretary from the City. assigned by the City, the secretary shall perform only such clerical duties on behalf of the Board as may be assigned 3y the Chairman Elect a Chairman and Vice Chairman from among its members for Adopt such bylaws as shzll be necessary or desirable for the If a secretary is .. with the consent of the City Manager. nay be assigned to the Conmission by the City Manager. Additional advisory staff (i> Repository for Documents. The Hennepin County Library is designated as the repository for the following documents which shall be supplied to it by the Board: (1) At least one copy of all studies, reports, recommendations and <* programs of the Board made pursuant to paragraph of this ordinance; (2) At least one (1) copy of the plans for each destroyed in the Heritage Preservation District, (c) of Section 8 building if available. upon its passage Sec. 2. This ordinance shall be in full force and effect and publication. Motion for adoption of the ordinance was se rollcall there were five ayes and no nays a ATTEST: LONDOHDERJXY REPLAT GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of co presented by Clerk, approved as to form and ordered placed on file. 0 00 G I Notice were Mr . Luce presented a proposed replat for a portion of the Londonderry townhouse develop- ment, generally located North of Fabri-Tek and East of Lincoln Drive, as recom- mended by the Planning Commission, and advised that the proponents are requesting to make a number of minor changes in the shape of the lot sizes .resulting in units which would be slightly wider but not as deep. He clarified that the proposed replat would eliminate four units and slightly modify the shape of several units to be constructed along the creek. Mr. Luce recommended approval of the plat inasmuch as the density would be reduced, the project * &odd be less crowded and the distance between the structures and Nine Mile Creek would be increased, thereby improving the overall project. Councilman . Courtney thereupon offered the following resolution and moved its adoption: RESOLUTIOIJ APPROVING PRELIMINARY PLAT OF ' LONDONDERRY REPLAT BE IT RESOLVED by Che City Council of the City of Edina, Minnesota, that that -- .. certain plat entitlea -'Lonaonaerry nepiar", i;i~t~~ cy I, CjlLuuLIucL a Company and presented at the Edina City Council Meeting of October 20, 1975, be and is hereby granted preliminary plat approval. 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. :-,Srelopinent . FOLICE VEHICLE BIDS F3JECTED. NEW BIDS TO BE TAKEN. Mayor Van Valkenburg recalled that bids for squad cars, a station wagon a twelve passenger van for the Police Cepartment had been continued from the meeting of October 6, 1975, because of a tie vote on whether or not to accept the bids. He recalled that he and Councilman Shaw had voted to accept the bids because they felt that the bids had been properly made and that Councilwoman Schmidt and Councilman Richards had voted to readvertise in expectation of receiving additional, and possibly lower, bids, Stating that he believed that lower bids might be received, Councilman Courtney moved that the bids be rejected and that new bids be taken. Motion was secoaded by Councilman Richards and carried, with Councilman Shaw voting "Nay".' Police Officer Mancei Mitchell advised Council that the Lions Club has agreed to underwrite the cost of a mobil crime van up to $7,500. clarified that this vehicle would be used on an emergency basis only and would not preclude the City from using the Hennepin County Crime Laboratory. expressed its appreciation to Mr. John Conda, a member of the Board of Directors of the Lions Club, for their generosity in donating this vehicle to the Police Department. - He Council CROSSTOWN HIGHWAY SERVICE ROAD BETWEEN GLEASON ROAD MD VERNON AVENUE HEARING DATE SET. Courrcil's attention was called to a letter froin Mr. ,F.obert E. Hanson, 4404 Philbrook Lane, and owner of property on the South side of Rrahl Hill, North of the Crosstown Highway, requesting that Council make g final determination for the service road along the North side of County Road 62 between Gleason Road and Vernon Avenue, together with the land use that will be permitted for his property. Mr. Hanson told Mrs. A. C. Dencker, 6104 Arctic Way, that the only way he can develop his property is if the road is constructed. Mr. Thomas Moe, 6130 Arctic Way, and Nr. Richard Seaberg, President of the Viking Hills Homeowners Association, questioned what Mr. Hanson proposes to do with the site and what effect the road would have on traffic volumes in the neighborhood. Mr, Dunn recalled that this road has been a part of the Western Edina Plan since its adoption in 1970 and that he does not think that future use of the Hanson property has much to do with the need €or the road. He added that he had - J prepared a feasibility report for the road, recommending that the hearing be set for November 17, 1975. Crosstmn Highway Service Road between Gleasori Road and Vernon Avenue be set for dovember 17, 1975, with the understanding that Mr. Seaberg and Xr. $foe also be sent notice of the hearing so that they csn convey the information to others in their respective neighborhoods. carried. Councilman Courtney then moved that the hearing for the Motion was seconded by Councilwoman Schmidt and (See Resolution Setting Hearing Date later in Minutes.) T.H. 100/BENTON AVENUE DIAMOND INTERCHANGE REQUESTED. Council's attention was called to a petition, signed by Mr. Neal T. Page, 4504 W. 64th Street., who advised that other petitions will be forthcoming, requesting full access to T.H. 100 at Benton Avenue. Mr. Page emphasized that emergency vehicles and residents Ln the area have to travel up to four miles additional to go South on T.H. 100 because of the improper design of the highway. He added that this results in additional traffic fi residential districts, malung neighborhood streets more hazardous. do all in its power to implement full T.H. 100 access at Benton Avenue; the Highway Departmmt submit new plans for this access, meeting the minimum Netropolitan Council standards, with necessary variances, in the least costly manner; 3) that the Metropolitan Council, mindful of Edina's needs, speedily approve the plans; politan Council, putting such restraints on the power of the Council as to pre- vent such oversight of local needs elsewhere in the future; 5) that the Governor be especially careful to appoint as Council members only those who will be mind- ful of, and responsive to, the needs of both majority and minority interests; aiL 6) that the Highway Department immediately restore the exit that existed on October 3, 1975, from North-bound T.H. 100 to the East portion of Valley View Road to South-bound T.H. 100. refused to approve the full diamond at the intersection as originally proposed by the State Highway Department. determine how many people who are now in favor of the full diamond had opposed the original proposal. Following considerable discussion, Councilman Fachar& offered the following resolution in support of the petition znd moved its adoptix: Tine petitia presented by Mr. Page requested 1) that the City of Edix,.a 2) that 4) that the Legislature review the powers granted the Metro- Road and to install a similar temporary access from the West part of Valley Vfew . w- Mr. Hyde recalled that the Netropolitan Council hzif Councilman Courtney suggested that Mr. Page RESOLUTION the section of T.H. 1'00 between 14. 50th Street. and the Crosstown Highway been completed; and at Benton Avenue; and the design of this interchmge hinders emergency vehicles in their efforts to serve the public most expeditiously; and WHEREAS., as the time of its approval, the Minnesota Highway Department had reconr- mended that a fulf diamood interchange be constructed at Bentoo Avenue; and K'EEREAS, the Metropolitan Council refused to approve the pians as approved by tkc Hinnesota Highway Department and by the City of Edina for a full diamond inter- change, ana instead, approved the limited access interchange which has now been completed; ROW, THEREFORE, BE IT PSSOLVED that the Edina City Council urge the Minnesota HiEd- way Department and the Metropolitan Council to consider the revision of the BentciL Avenue interchange so as to permit Southbound access on the Wsst side of the hi.g--.-; v2y and Northbound access to Benton Avenue from T.H. 100. Xotion for adoption of the resolution was seconded by Councilman Courtney and or- . * rollcall there were five ayes and no nays and the resolution was adopted. Lats Zn the meeting, lir. W. M. Crawford of the Minnesota Highway Department said that the State does not own sufficient right-of-way to construct the interchange sup gested by Eir. Page. ' PXGISTERED LAND SURVEYS GRANTED PRELIMINARY AND FINAL APPROVAL. Mr. Luce advised Council that, in replatting Braemar Hills 7th Addition, the survcyor made an err<={ Zn putting in the stakes. Hr. Luce recommended preliminary and final approval- of the four Registered Land Surveys in order to correct the property lines by about one foot. Councilman Richards offered the following resolutions and moved thei7 adoption: I RESOLUTIOE APPROVING REGISTERED LAND SURVEY LOTS I, 2, 3 an6 4, BLOCK 3, BRAEMAR KILLS 7TH AI)DITION BE IT RZSOLVED by the City Council of the City of Edina, Minnesota, that that cer- tain Registered Land Survey, presented €or approval by Gregory Gustafson covering Lots 1, 2, 3 and 4, Block 3, Braemar Hills 7th Addition, and presented at the Edina Crty Council Meeting of October 20, 1975, be and is hereby granted prelimin- ary ani final approval. 10/ 20/75 259 RESOLUTION APPROVING REGISTERED LAND SURVEY 1, LOTS 1, 2, 3 and 4, BLOCK 4, BWEIiAR HILLS 7TH ADDITION BE IT RESOLVED BY THE City Council of the City o€ Edina, Minnesota, that that cer- .rain Registered Land Survey, presented for approval by Gregory Gustafson covering Lots I, 2, 3 and 4, Block 3, Braemar Hills 7th Addition, and presented at the Edina City Council Meeting of October 20, 1975, be and is hereby granted prelim- inary and final approval. RESOLUTION APPROVING REGISTERED LAND SURVEY 'LOTS 1, 2, 3 and 4, BLOCK 5, BRAEMAR HILLS 7TH ADDITION *BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that cer- tain Registered Land Survey, presented for approval by Gregory Gustafson, cover- ing Lots 1, 2, 3 and 4, Block 5, Braemar Hills 7th Addition, and presented at the Edina City Council Meeting of October 20, 1975, be and is hereby granted prelim- inary and final approval. RESOLUTION APPROVING REGISTERED LAND SURVEY LOTS 1, 2, 3 and 4, BLOCK 7, BRAEMAR HILLS 7TR ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that cer- tain Registered Land Survey, presented for approval by Gregory Gustafson, cover- ing Lots I, 2, 3 and 4, Block 7, Braemar Hills 7th Addition, and presented at the Edina City Council Meeting of October 20, 1975, be and is hereby granted prelim- inary and final approval. Motion for adoption of the resolutions was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolutions were adopted. WASHINGTON AVENUE RESIDENTS GIVEN CHOICE ON SALE OF HOMES. when Council approved Hennepin County's plan for widening County Road 18, it did so 'conditioned upon the County buying and removing all of the houses on Washing- ton Avenue between Maloney Avenue and Third Street which were affected by the required noise attenuation wall. satisfied with the agreement and that, following meetings with City and County. representatives, the County now agrees to do the following: 1) Construct the noise *attenuation wall as proposed; 2) Each owner of property immediately behind the wall will be given the option of selling the property to the County at a price based upon independent fee appraisals; -3) The County will provide relocation assistance and benefits to all eligible parties; 4) Properties purchased by the County will be rented during the time of construction and then offered for sale folloving rom- pletlon o:. the project; 5; Eight of direct access to Highway 18 will be acquired from those owners who decide not to sell their entire property to the County. Councilman Courtney recalled that he was the only member of the Council to oppose action taken at the November, 1974, meeting and that the second proposal would answer his objection. Mrs. Lawrence Raduenz, 325 Washington Ave. S., was told by Mr. David Swenson, Chief Right-of-way Agent for Hennepin County, that the noise barrier would be between the old and the new County Road 18. Mr. Manfred Ras- mussen, owner of a double bungalow in the area, was told that the County would obtain two appraisals and then pay for an additional appraisal if the property owner WES not satisfied. He was also told that his tenants could move out right away and that their relocation costs would be paid. he believed that the property Owner should have the right to force the County to condemn his property if he was not satisfied with the appraisals. siderable discussion, Councilman Richards offered the following resolution and moved its adoption: WEPLEAS, Layout 23B, dated October 4, 1972, as revised October 7, 1975, for CSAH 18 Project No. 6742 showing the proposed alignment for the construction of County State Aid Highway No. 18 within the limits of the City of Edina as a Federal Aid Project has been prepared and presented to the City of Edina; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that said Layout 23B be in all things approved and the County is hereby authorized to acquire the necessary rights-of-way on the basis of the said Layout and as hereinafter provided: The County shall construct the noise attenuation wall as proposed in the Layout and shall give each owner of the properties adjacent to said CSAH 18 within the limits of the City of Edina between Maloney Avenue and Third Street the option of selling his or her property to the County at a price which is based upon independent fee appraisals. The County shall also provide relocation assistance and benefits . to a11 eligible parties in accordance with State and Federal Regulations. Properties so acquired shall be rented during the time of construction and shall then be offered for sale following completion of the project. access to CSAH 18 shall be acquired from those owners who decide not to sell their entire property to the County; and BE IT FURTHER RESOLVED that if the property owner is not satisfied with the value of his or her property established by the appraiser, he or she.has the right to demand that the County enter into condemnation proceedings for the acquisition of the property . Mr. Hyde recalled that He recalled that some residents had not been Councilinan Richards said that Following con- RESOLUTION Right of direct L lbtidn for adoption of th2 resolution was seconded by Councilman 2orrrtney and on rollcall there were five ayes and no nays and the resolution XES adopted. GRIMES HOUSE RIGHT OF FIRST REFUSAL TO BE PUT OF RECORD. Councilwoman Schmidt advised Council that she had met witn Messrs. Hyde, Dunwiddie and Rosland, and that, while the City is not in a position to purchase the Grimes house at this time, it is recommended that the City Attorney draw up and put of record a Right of First Refusal before Efrs. Walch makes a further effort to sell her house. Mr. Hyde said that he had talked to Mr. Ward Jandell in Washington, D. C. who said that he had not yet received the Minnesota State transmittal, but that as soon as it is received and placed on the National Register of Historic Sites, it would become eligible for grant funds. Councilman Courtney's motion that the City Attorney put of record a Right of First Refusal was seconded by Councilwoman Schmidt and carried. CHIEF WAYNE BENNETT RETIREMENT ANNOUNCED. retirement of Director of Public Safety Wayne Bennett, and advised that the Chamber of Commerce ember 6, 1975. MADSEN PROPERTY PURCHASE AUTHORIZED FOR PARK LAND (NORTH OF DEWEY HILL ROAD AND EAST OF CAHILL ROAD. Mr. Luce advised Council that Mr. Orville Madsen had offered to sell approximately twenty acres o€ his property, located North of Dewey Hill Road and East of Cahill Road, to the City for $120,00G. He explained that the City would subdivide and sell seven single famiLy lots between Amundson Avenue and Tara Road, and that it might cost an additional $25,000 to fill three lots to make them buildable. The acres remaining would be park land. Mr. Luce advised that neighbors who had attended a meeting relative to the proposal had favored this use for the land, rather than the originally proposed multiple residential dwellings. Mr. Tony Carter, who lives on Tara Road, said that he had not been aware that multiple dwellings had been proposed for the site. Carl Christopherson of Tara Road endorsed the recommendation for the purchase r\f the land by the City. Mr. Luce assured Councilman Shaw that there are plans f%t a bicycle path from the Tara Road cul-de-sac to the proposed park. Mr. Lrzce . informed the Council that the Park Board has also recommended the purchase of the house at 5600 Dewyy Hill Road which has just recently been sold. told that the Park Board has indicated that they hope to construct ball fields Fvuhr, 6609 Brittany Road, that there has beenno density shifted from the prope-::: proposed to be purchased to any other property otmed by Nr. Madsen, and that the reminder of Mr. Madsen's land is zoned for twelve units per acre io. accordance with the Southwest Edina Plan. He added that he had the assurance of owners of property to the North of the Madsen tract agreeing to dedicate a portion of tkeir property as park land, pursuant to the Southwest Edina Plan, as soon as it is developed. Following considerable discussion, Councilman Courtney offered the following resolution and moved its adoption: 'BE IT RESOLIED that the Mayor and Manager be authorized to purchase the following described property: EXHIBIT A Mr. Hyde announced with regret the and Rotary will hold a testimonial dinner on Thursday, Nov- c Mr. Council was a1,>d m-lrn Qn .-rr.i-s',,p_ park, Q;;, tho xb:nnln citn Sr T.IIFP also ascrirod MTC. Alinnr. RESOLUTION That part of the Southwest 1/4 of :he Northeast 1/4 of Section 8, To-mship 116, Snge 21 descrtbed as follows: Southwest 1/4 of the Northeast 1/4; theace Vest to the Southwest corner of said Southwest 1/4 of the Northeast 1/4; thence Northerly along the West line of said Southwest 1/4 of the Northeast 1/4 to the Northeast corner of Lot 8, Block 3, Kemrich Knolls; thence Easterly along the Easterly exter,s-iou of the North line of said Lot 8, a distance of 35 feet; thence Northsrly, 35 feet East of and parallel with the West line of said Southwest 1/4 cjf thz Northeast 1/4 to an intersection with a circular arc with a rzdirrs of 50 feet and with a center point located on the Easterly extension of the North linz of Lot 1, Block 2, Kemrich Knolls distant 25 feet East of the Northeast coruc- of said Lot 1 as platted in the original Kemrich ICnolls plat; thence Nortk- easterly, Northerly and Northwesterly along said circular arc to an inter- section with the West line of said Southwest l/4 of the Northeast 1/4; thence Northerly along said West line of the Southwest 1/4 of the Northeast, 1/4 a distance of 150 feet; thence Easterly at right angles to said West line of the Southwest 1/4 of the Northeastol/4, a distance of 82 feet; thence Southeasterly, at a deflection angle of 45 00' degrees to the right, to an intersection with a line running Southwesterly from the Southeast comer of Outlot A, Braemar Oaks at an angle of 73 10' 02" 8s turned counter clockwise from the Southwest corner of said Outlot A; thence Northeasterly, along said line running Southwesterly from the Southeast corner of Outlot A, to an intersection with a line 818 feet North of and parallel with the South line of said Soutlwest 1/4 of the Northeast 1/4; thence East along said line 818 feet North of and parallel with the South line of said Southwest 1/4 of the Beginning at the Southeast corner of sal3 . 4 . 0 101 201 7 5 co 0 00 c33 w La 112- 'L Northeast 1/4 to a point 331.95 feet West of the East line of said Southwest 1/4 of the Northeast 1/4; thence SoutherlY., 331.95 feet West of and paral.le1 to the East line of said Southwest 1/4 of the Northeast 1/4 to a point 554.9 feet South of the North line of said Southwest 1/4 of the Northeast 1/4; thence Easterly, 554.9 feet South of and parallel with the North line of said Southwest 1/4 of the Northeast 1/4 to the East line of said Southwest 1/4 of the Northeast 1/4; thence Southerly to the point of beginning. The following tracts of land are excepted from the above description: 1. 2. The North 401.5 feet of the South 418 feet of the West 209 feet of the East 905 feet of said Southwest 1/4 of the Northeast 1/4. A tract of land lying within the Southwest 1/4 of the Northeas,t 1/4 of Section 8, Township 116, Range 21 and described as follows: at the Northwest corner of the North four hundred one and five tenths feet (401.5') of the South four hundred eighteen feet (418') of the West two hundred nine feet (209') of the East nine hundred five feet (905') of the Southwest 1/4 of the Northeast 1/4. of Section 8, Township 116, Range 21; thence East parallel to the South line of said Southwest 1/4 of the Northeast 1/4. a distance of two hundred nine feet (209'); thence South parallel to the East line of said Southwest 1/4 of the Northeast 1/4 a distance of one hundred thirty-four and fifty hundredths feet . (134.50'); thence East parallel to the South line of said Southwest 1/4 of the Northeast 1/4 to a point three hundred thirty-one and ninety-five hundredths feet (331.95') West of the East line of said Southwest 1/4 of the Northeast 1/4; thence North parallel to the three hundred thirty- one and ninety-five hundredths feet (331.95') West of the East line of said Southwest 1/4 of the Northeast 1/4 a distance of five hundred thirty-four and five-tenths feet (534.5'); thence West and parallel to the South line of said Southwest 1/4 of the Northeast 1/4 a distance of four hundred seventy-zrine feet (479.0'); thence Southwesterly to point of beginning. Commencing 3. 4. EXHIBIT B That part of the Southwesh1/4 of the Northeast 1/4 of Section 8, Township 116, Range 21 and described as follows: Lot 1. Block 1, "oaemar Oaks; thence Southwesterly at an angle of 106' 49' 58'' as tiizned clockwise =Tom tne Soutizast corner or Said LOC 1-to an ir,tec;=ct- ion of a line 818 feet Northerly of and parallel with the South line of said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast corner of Outlot A, Braemar Oaks; thence Easterly to the point of beginning; and BE IT RESOLVED FURTHER that the above described land be purchased for a purchase price of $120,000 and on such other terms and conditions as the Nayor and Manager deem desirable; and BE IT FURTHER R?3SOLVED that the City Manager is hereby authorized to negotiate for the purchase of property at 5600 Dewey Hill Xoad. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and 20 nays and the resolution was adopted. The South 16.5 feet of said Southwest 1/4 of the Northeast 1/4; The East 33 feet of said Southwest 1/4 of the Northeast 1/4; and Beginning at the Southwest corner of I POLICE SALARY NEGOTIATIONS DISCUSSED, has ordered the immediate payment of back pay checks for the Police Department, Mr. Hyde advised Council that the Court - even though the union has refused to sign. the 1975 contract and will enter into negotiations for the 1976 contract. action was taken, He said that the City.is negotiating No HUMAN RELATIONS COMMISSION SPECIAL MEETING DATE SET. Mayor Van Valkenburg announced that a meeting has been called at the request of the Chairman of the Human Relations Commission in order to clarify the Commission's position in the distribution of funds allocated in the 1976 Budget to the Human Relations Commission. will be held at 4:30, October 27, 1975, in the Conference Room. HENNEPIN COUNTY COMMISSIONER MEETIRG ON REDISTRICTING TO BE HELD. Council was advised of a meeting of the Legal Action Steering Committee on Hennepin County Commissioner Redistricting for October 22, 1975. Councilman Shaw will attend. TRAFFIC SAFETY COMMITTEE MINUTES OF OCTOBER 14, 1975, REVIEWED. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried approving the following actions and accepting the remainder of the report: the intersection of Tracy Ave. and W. 66th Street; signs on Mavelle Drive at Lynmar Lane Concentrated enforcenent of traffic - speedonW. 72nd Street from Oaklawn to France Avenues; 4) Replacing the STOP signs on Vandervork at Hollywood Road with YIELD signs. Mrs. Helen McClelland was told that the petition from neighbors on Dovre Drive and Biscayne Blvd., The meeting - 1) Center striping 2) Installation of YIELD 3) r. : L1 . I requesting a one-way street on Dovre Erive between Biscayne Blvd. and Parkwood Lane andSTOP signs for the intersection of Dovre Drive and Parkwood Lane had been continued until the Dovre Drive connection is open and traffic patterns can be determined. HEARING DATE SET FOR STREET IEPROVEMENTS P--C-119 AND P-BA-214 AND SANITARY SEWER IPIPROVENENT NO. P-SS-327. the following resolution and moved its adoption: As reconmended by Fir. Dunn, Councilnian Courtney offered RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON STREET IMPROVEMENTS NOS. P-C-119 AND P-BA-214 AND SANITARY SEWER DPROVENENT NO. P-SS-327 1. The City Engineer, having submitted to the Council a preliininary report as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place 2nd purpose of said meeting to be published in the official newspaper once 5 week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: This Council shall meet on Monday, November 17, 1975, at 7:OO p.n. in the Edina (Official Publication) CITY OF EDINA I .y *c: HENNEPIN COUNTY, FiINNESOTA NOTICE OF PUBLIC HEARINGS GRADING, GRAVELING, PRERZlANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEISENT NO. P-C-119 AND DPROVEMENT NO. P-BA-214 SANITARY SEWER EXTENSION IMPROVEMENT NO. P-SS-327 EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, November 17, 1975, at 7:OO p..m., to consider the following proposed improvements to be con-structed under the authority granted by Minnesota Statutes, Chapter 429. costs of said impovements are estimated by the City as set forth below: - The approximate ESTIMATED COST ---- I. WSAIJLX., CRAVELIIG, PIStWL~iaLq~ ~LKPILL ZLJ~CENLLLY~ wun CONCRETE CURB AND GUTTER A. IMPROVEXENT NO. P-C-119 .$ 245,888.23 IMPROVENENT NO. P-BA-214 North Frontage Road 62nd Street Crosstown from . -. Gleason Eoad to Vernon Avenue 2. SANITARY SEWER EXTENSION k. DPROVEMENT NO. P-SS-327 $ 13,086.06 Blake Road from 250' North of the South line of Brownswood Addition to 319' North The area proposed to be assessed for the cost of the proposed Grading, Gravel- ing, Permanent Strtet Surfacing with Concrete Curb and Gutter under i. (A) above: (Improvement Numbers P-C-119 and P-BA-214) includes Parcels 5640, 5630, 5225 znd 810, Section 6, Township 116, Range 21. The area proposed to be assessed for the cost of the proposed Sanitary Sewer Extension under 2 (A) above (Improvement No. P-SS-327) includes Lots 39, 40 and 41, Aud. Sub. 325; Outlot A, Brownswood 2nd and 2 Lots Whiteman's Addition (now being platted). Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwomm Sc-hnidt and on rollcall there were five ayes and no nqs and the resolution was adopted. ilEVEhWE SHARINC- QUESTJONNAIRE DISCUSSED. Council's attention was called to a letter fro= Senator Bill Srock of Tennessee, requestbg that Council fill out a questionnaire on the merits of Federal Revenue Sharing. and Shaw said that they di.? not think that the Council should indicatk its approval of Revenue Sharing. Councilman Courtney said that he would agree . that Revenue Sharing should be eliminated if all the other municiyalities indi- cated likewise, but that as long as other municipalities were benefiting, he believed that the City of Edina should also get its share. Folloding consid- erable discussion, Councilman Courtney's motior, that the City Treasurer com- plete the questionnaire and send it to Senator Srock was seconded by Council- woman Schmidt and carried, with Councilmen Richards and Shaw voting "Nay". The motion further stated that Couiicil should endorse the renewal of general - I -- - . I_ Councilmen Richard.< L. .. 10/20/75 . -e -Revenue Sharing, that the program should not be changed, that the program allows state and local officials to use the funds in most needed programs, that the program is important to Edina's governmTnt, that, without Revenue Sharing, it would be necessary to raise taxes in the amount of $150,000, and that ' it would be necessary to cut back on certain capital type improvements without general Revenue Sharing. Councilmen Shaw and Courtney both agreed that they would oppose the law and that they would continue to oppose it as long as it is in existence, but that they would vote to take advantage of whatever is avail- able to the City. EDINA SUN PUBLICATION DEADLINE DISCUSSJ3D. Mr. Luce recalled that he had been instructed at the last meeting to ask the Edina Sun to change its deadline fok Edina's legal notices. Mr. Luce could set his hearing dates for the second meeting of each month and that the Council could then confirm those dates at its first monthly meeting. City Attorney Erickson pointed out that the ordinance requires that the Council set hearing dates and that if the staff recommends a hearing date, that date should still be set by the Council. -_ He advised that Mayor Van Valkenburg had agreed that No action was taken. 50TH STREET LIQUOR STORE LOCATION DECISION CONTINUED TO NOVEMBER 3, 1975. Hyde advised Council that he does not concur with the recommendation of the H.R.A. for locating the 50th Street Liquor Store in the Southwest corner of the proposed new building adjacent to the parking ramp because he believes that loading facilities Northwest corner near 50th Street. The matter was continued to the November 3, 1975, meeting. Mr. would be less efficient and more expensive than in the BLOOMINGTON PARK DEDICATION ORDINANCE SUPPORT TO CONTINUE. Mr. Hyde recalled that the City of Edina had entered the Bloomington park land dedication case by filing an amicus curiae brief- Councilman Courtney's 'motion was then sec- onded by Councilman Richards and carried that the City continue its role in support of Bloomington in the Supreme Court. . MINNEHAHA CREEK WATERSHED .DISTRICT MEETING TO BE HELD. of a meeting of the Minnehaha Creek Watershed District with residents South of Mr. Syde advised Council Meadowbrook-Golf Course. meeting which will be held on October 23, 1975. Mr. Dunn will report back to the Council after the MORNINGSIDE IMPROVEMENTS DISCUSSED. in Washington, D. C., he had found out that the Secretary's Urgent Needs Fund Mr. Hyde advised Council that while he was is not available for participation in the Morningside area improvements. advised that he had contacted H.U.D. and that they will try to determine if there are any additional funds available and that there may be some reallocated funds which have not been used in Minnesota. find available funds for the projects. He Mr. Hyde will continue.to try to T.H. loo/ W. 70th STREET STOCK PILE REMOVAL APPROVED. Mr. Hyde presented Mr. William Crawford, of the Hinnesota Highway Department, who recalled that on October 6, 1975, Council had denied the request of the Highway Department to remove the stock pile at the intersection of T.H. 100 at W. 70th Street. Mr. Crawford recalled that the owners of Edina Place had requested permission to install an identification sign on the stockpile because they believed that, their property was not visible from the road. that the stock pile be rercoved. offered the following resolution and moved its adoption: WHEREAS, the Commissioner of Highways for the State of Minnesota has caused to be prepared, plans, special provisions and specifications for the improve- ment of Trunk Highway No. 130, renumbered as Trunk Highway No. 100, within the corporate limits of the City of Edina, located on T.H. 100 at 0.2 miles South of the Jct. of W. 70th Street and at N. E. Ramp of C.S.A.H. 1/62; and WHEREAS, said plans are on file in the Office of the Department of Highways, St. Paul, Minnesota; being marked, labeled and identified as S.P. 2733-68 (100=130); and WHEREAS, said special provisions are on file in the Office of the Department of SIghwsys, St. Paul, Minnesota; being marked, labeled and identified as S.P.- 2733768 (100=130), and which, ,together with, the Minnesota Department of Highway Standard Specifications for Highway Construction, dated January 1, 1972, as amend3d by Minnesota Department'of Highways Supplemental Specifications for Highway Construction, dated January 1, 1974, will govern and which are on file in the office of the Commissioner of Highways, constitute the specifica- tions for said improvement of Trunk Highway No. 130, renumbered as Trunk Highway No. 100; and, WHEREAS, said copies of said plans and special provisions as so marked, labeled Mr. Ronald Ostby of Ryan Avenue, urged. Following some discussion, Councilman Courtney RESOLUTION I. '264 -1 O/ LO I 7 5 and identified are also on file in the OEfice of the City Engineer; and IGjEREAS, the term of said plans and special provisions, as hereinafter used in the body of this Resoliition will be deem& and intended to mean, refer to and incorporate the plens and special pravisicns in the foregoing recitals particularly identified and described; and WHEREAS, the Commissioner of Eighways desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Edina, on said Trunk HTghway No. 130, renumbered as Trunk' highway No. 100, will be parallel with the curb adjacent to the highway and will %e at least 20 feet from any crosswalk; NOW, THEN, BE IT RESOLTED that said plans and special provisions for the hprovenent of Trunk Highway No. 130, renumbered as Trunk Highway No. 100, within the r,orporcT:e limits of the City of Edina, be and hereby are approved. BE IT FURTHER RESOLVED that the City of Edina does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 130, renumbered Trunk Highway No. 100s will be parallel with the curb adjacent to the highway, and at leasc 20 feet from any crosswalks on..all public streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grzde occasioned by the construction of Trunk Highway Eo. 130, renmbered Trunk Highway 100, in accordance with said plans and special provisions. Notion foi adoption of the resolution was seconded by Councilman Shaw and on roll-. call there were give ayes and no nays and the resolution was adopted. u . SUBW33 PUBLIC HEALTH NURSING SERVICE PARTICIPATION APPROVED. Councilman Courtney offered the following resolution and moved its adoption: Following discuss?on, A RESOLUTION RELATING TO PARTICIPATION IN THE SUBUR€AN HENNEPIN COUNTY NURSING DISTRICT WHEREAS, pursuant to Ivfinnesota Statutes, Section 145.08 and 145.12, provision has been made for a public health nursing district in that portion of Hennepin . County outside the City of Minneapolis; and WSEREAS, pursuant to such authority such a public health nursing district has been orgznized and has been in operation since 1952; and T?EEREAS, it is deemed necessary to continue the operation of such nursing district. ad to provide it with adequate funds for its proper operation; NOW, THZREFORE, BE IT RESOLVED by the Edina City Council that this political sub- to be incld;r: in the nr.kl.11- ho3ltl-t mirsinP district of SuEt;'l-:-r. --171f === ^-z'T z. '32"- Hennepizz County, organized on January 4, 1952; that it partici9ate in ths bene::.i.I:p thereof; and that it agrees to support on an apportionment basis its pro rats share of the cost of the administration of such district, provided, however, that for the.period of January 1, 1976 through December 31, 1976, this cost shall not exceed 50c per capita on the basis of 1975 population estimates as per the ' MetrppoliLp Council; and BE. IT F!XT€lElf lU3SOLVEXj that this resolution shall be deemed an agreement to cow tinue tq participate in stlch nursing district on the basis hereinbefore specified with all other political subdivisions adopting similar resoluticns. Xotion for adoption of the resolution was seconded by Councilman Shaw and on roll- call there were four ayes, with Councilwoman Schmidt voting "Nay" and the resolv-t::@n was adopted. qualify for assistance under the program. ' -- . . . Councilwoman Schmidt objected that most Edina residents fail to VALLEY VIEW ROAD STREET VACATION CONTINUED TWO MONTHS. Being advised by Mr. Dum that necessary easements have not yet been received for the vacation of Valley V5c& Xoad lying between the Crosstown Highway and the Westerly extension of the South- erly line of Lots 1 and 2, Block 2, Edina Valley Estates 2nd Addition, Counciimnr? Shzw offered the following resolution and moved its adoption: BE IT RESOLVED that the vacation of the following describe6 portion of Valley V~EB;' Road, contiaued from August 18, 1975, be hereby continued further to December 15, 1975. Nation for adoption of the resolution was seconded by Councilman Courtney and OR rollcall there were five ayes and no nays and the resolution xas adopted. RESOLUTION I LIQUOR FZIND AS OF JULY 31, 1975, was presented by Efr. Dalen, reviewed .and order:.?J placed on file by motion of Councilman Shaw, seconded by Councilman Courtney an6 carried.. B.R.A. FUND TRANSFER APPR9YEZl. As recommended by Mr. Dalen, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLYED that $203,000 be trnnsferred to the Housing and Redevelopment Auth- ority from the Liquor Fund- Notion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution 17as adopted. iZE SOLUTION 10/20/75 SENIOR CITIZEN BUILDING PIANO PURCHASED. bids taken for a piano for the Senior Citizer, Building. price €or a Yamaha Studio Upright P202 for $1,429, with Schmi.dt Music Company offering the Everett I1 at $1,075. Councilwomarf Schmidt's motion authorizing the purchase of the Everett I1 from Schmidt Music Company was seconded by Councilman Courtney and carried. Mr. Byde presented tabulation of informal Tabulation showed Bodine's As recommended by the Park Department, BOND SALE TRIP REVIEWED. NewYork and Chicago to interest bonding companies in the City's forthcoming bond Irk. Hyde spoke of the trip which he and Mr. Dalen made to - sale. He said that the City would know its bond rating in about one week. METROPOLITAN COUNCIL WASTE CONTROL CONMISSION REPRIIIAND NOTED. burg called Council's attention to a letter from the Metropolitan Waste Controi Coinmission reprimanding Edina for "allowing it to rain si) much in April, May and June, 1975". ' Mayor Van Valken- FOUR YEAR TERMS FOR COUNCIL LEGISLATIVE .-- APPROVAL REQUESTED. Hayor Van Valkenburg advised that Representative Mary Porsythe had requested a resolution from Council reiterating its request for legislative approval for four year terms of office for the Mayor and Council Pfemliers. Couccilman Shaw thereupon offered the follow- ing resolution and moved its adoption: S4J3EREAS, as authorized by the Minnesota Cclmbhed City-Village Code (Laws 1973, Chapter 123), the City of Fdina elected to Wld its City elections in the even numbered years and to elect the Mayor agd Council fer cams of four years each; NOW, THEREPOEE, be it resolved that 'ihc Edina City Council does hereby request the Minnesota State Legislature to adopt Senate File 1405 which was passed 6y the Senate during the 1975 session and which granted specific authority to the City of Edina to elect the Mayor and Councfl for terms of four years. 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. CLAIMS PAID. for payment of the following claims as per Pre-List: *$60,990.67; Construction $279,953.62; Park Funds, $25,831.24; Water Fund, $7,589.54; Liquor Fund, $186,281.23; Sewer Fund, $55,289.10; Improvements, $830.84; Total, $616,766.24. E.SOL~~'fOiiJ Notion of Councilman Courtney was seconded by Councilwoman Schmidt General and Revenue Sharing, . No further Susiness appearing, Councilman Richards' motion for adjournment was seconded by Councilwoman Schmidt., Adjournment at 1O:lO p.m. .