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HomeMy WebLinkAbout19760419_regular- KLNUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL 'HELD APRIL 19, 1976, AT CITY HALL I Answering rollcall were members Courtney, Richards , Schmidt , Shaw and Mayor Van J Valkenburg . MINUTES of April 5, 1976, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, and Mayor Van Vallcenburg 'MotLon carried. .I* Nays: None MR. AND MXS. JOSEPH B. MOORE AND MR. AND MRS. H. CLIFTON IHITEMAN RECOGNIZED FOR GIFTS OF LAND TO CITY. Mr. and Mrs. Joseph B. Moore and Mr. H. Clifton Whiteman were presentto receive Condemnation Awards for their generous gifts of land to the City of Edina. Mr. and Mrs. Whiteman donated a portion of the land located by Mirror Lake on Blake Road valued at $50,000. Mr. and Mrs. Moore donated a portion of their land located at 5100 Grove Street valued at $35,000. Mr. Moore and Mr. Whiteman expressed their confidence in the Council and in their pleasure in watch- ing the City develop and still maintain its open space. PUBLIC HEARINGS CONDUCTED ON VARIOUS IMPROVENENTS. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Due notice hav- ing been given public hearings were conducted and action taken as hereinafter recorded. A. STORM SEWER INPROVEMENT NO. P-ST.S-150 IN THE FOLLOWING: Back lot lines Block 3, Viking Hills 2nd Addition and Block 1, Viking Hills 3rd Addition - Arctic Way to 300' East Mr. Hyde presented total estimated cost at $5,764.33, proposed to be assessed against the property within the drainage district at a rate of $35.08 per 1,000 square feet of area, with extraordinary benefits proposed to be assessed against Lots 1, 2 and 3, Block 3, Viking Hills 2nd Addition. Mr. Dunn advised that the Engineering Department had been aware over the last two or three years that sur- fwavce drainage from the Eastern end of the block is creating problems for properties at the Western end, with wet back yards and at least one wet basement. He clar- ified that the assessment would spread from $87.13 to $368.34, based on con- struction at the estimated cost. Council's attention was called to a letter from Mr. Ro3ert W. Nolan, 6153 Arctic Way, objecting to his proposed assessment of $1,000 "to correct a drainage problem that was created by the developer and build- ers on this hill, and also by the Village of Edina for failure to take corrective action against the developer when our area was being platted". Mr. Nolan quest? . ioned why the condemnation of the house at 6113 Arctic Way was-lifted without proper drainage steps being taken by the builder to assure proper drainage, David McEnary, 6119 Arctic Way, said that he is a Registered Civil Engineer and questioned why residents in his area should have to pay for a storm sewer when the City itself paid to drain a similar situation between Arctic Way and Vernon Avenue. Mr. McEnary suggested that drain #3 should be eliminated because it is above the low area and questioned whether this expense was necessary when the problem existed only two or three times a year. Mr. Fred Ashenbrenner,6117 Arctic Way, was told that the City would replace any landscaping that was disturbed in construction of the improvement. required developers to furnish .a complete drainage plan for their plats. suggested that this area was platted before the Platting Ordinance became effect- ive. suggested. In response to a question of Mr. Duncan McDonald, 6121 Arctic Way, Mr. Dunn said that more extensive swaling might solve the problem, but that the City's experience with swales has not always been successful. man, 6151 Arctic Way, questioned that construction of a more extensive swale would alleviate the problem. Councilman Shaw that the City Attorney investigate the law to determine if the problem is the responsibility of the developer, residents or the City and that the hearing be continued to May 17, 1976. Mr. Mr. Dunn explained that the City had never Mr. Hyde He added that the contractor had done all of the grading that the City had Mrs. Lyle D. Alt- Councilma Richards motion was then seconded by ' Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Mot ion carried. B. STREET LIQ?ROVEMENT NO. P-BA-220 IN THE FOLLOWING: W. 69th Street from France Avenue to Xerxes Avenue South side W. 69th Street from France Avenue to Xerxes Avenue W. 69th Street and York Avenue C. SIDEWALK IMPROVEXENT NO. P-S-19 IN THE FOLLOWING: D. TRAFFIC SIGNAL IMPROVEMENT P-TS-1 IN THE FOLLOWING: As reconmended by Mr. Hyde, Improvements Nos. P-BA-220, P-TS-1 and P-S-1.9 were ordered continued to May 17, 1976, to investigate the possibility of using State Gasoline Tax funds by motion of Comcilman Courtney, seconded by Couricil.man Shaw. 4/ 19/76 Ayes : Nays: None Notion carried. .. Courtney, Richards, Schmidt, Shaw , Van Valkenburg 4536 FRANCE Am. S. ZONIMG CHANGE CONTINUED TO MAY 17, 1976. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Nelson Smith & Associates for a zoning change for Plat . 61060, Parcel 5000 (4536 France Ave. S.) from R-1 Single Family Residence DistricE to 0-1 Office Building District. inally requested the rezoning to C-2 for use as design offices, but that the Plan- ning Commission and the staff had recommended 0-1 Office Building District Zon5ng as one of its coctingencies. the zoning change should be contingent on the elimination of the Easternmost * * . parking space and landscaping of that area, that a R.L.S. or plat be submitted to simplify the property description, that blacktop and permanent curb be installed in the front parking area, and that a variance for reconstruction of a nonconform- ing use be accomplished. Nr. Luce also recalled that the property has been used for the past ten years as an Art Gallery called Manamore, that the property to the South is residential and that the property to the North is now being used as a real estate office. 1ir:Luce clarified that furniture is to be sold on the site but that would be a minor part of the business and that the owners anticipate only four or five clients per day. He explained that the applicant is agreeable to any landscaping required by the City and that the appearance of the building would not be changed. Mr. Rolland G. Thompson, 4545 Meadow Road, presented a petition signed Thompson expressed concern that this type of zoning could creep dl the way down the block, turning France Avenue into i? commercial street. Mr. Thompson also expressed objection to the proposed parking lot in the front of the building. Nr. Thompson suggested that another buffer is not needed between the commercial and residential properties. way with the subject property, was told that the parking stalls would make the drzveway more useable. Objecting also to the rezoning were Mr. and Mrs. Joe ;. Aken, 4548 France Ave. S. and Mr. Michael Doyle, 4634 France Ave. Mayor Van. Valkenburg said that it had been his m-derstmding that the property had been zoned comercialbefore Morningside was annexed to Edina but that the zoning had Seen changed to R-1 during the annexation. Mr. Greg Gustafson, representing the proponent, recalled that his client's original request had been for C-1 zoning. He contended that the former use by Manamore generated far more traffic than the proposed design office. Nr. Luce said that the staff believes that the proposed zoning is a logical extension and transition from the existing.commercia1 area to the residential area, that the structure is not no'k- being used for single family purposes and that the present zoning is inappropriate. City Attorney Erickson sgid that he believes that there are factual questions that should be answered'. before Council makes its decision and recommended that the matter be continued so that these questions can be answered. Councilman Courtney's motion that the zoning hearing be continued to May 17, 1976, so that the prior use can be deter- mined, as well as changes made in the past year, was seconded by Councilman Rich- ards. Mr. Luce advised that the applicant had orig- The 'Planning Commission had also specified that: ., .- by residents of Meadow Road and France Avenue, protesting the zoning change. Mr. ' Mr. V. C; Church, 4540 France Ave., who shares a drive- * Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg ORDINANCE NO. 811-A73 CONTINJED TO MAY 3, 1976. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Luce pre- sented Ordinance No. 811-A73 for First Reading as recommended by the Planning Commission. He explained that this ordinance would exempt single family homes from receiving a new variance each time the structure is altered if the present structure is nonconforming, except in the case of lot coverage. Following dis- cussion, Councilman Shaw's notion continuing the First Reading of the ordinance to May 3, 1976, was seconded by Councilman Courtney and carried. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 801-All GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented - Ordinance No. 801-All for First Reading as recommended by the Planning Department. He explained that this ordinance which pertains to subdivision financing agree- ments would delete the requirement to record an agreement to pay special assess- ments, to specify the kind of letter of credit that will be accepted, and to require written agreements on escrow deposits. oper to submit security other than a performance bond and would identify how letters of credit or escrow deposits for this purpose shall be submitted. Councilman Shaw thereupon offered Ordinance No. 801-All for First Reading as follows : The ordinance would allow a devel- ' , 4/19/76 ORDIMANCE NO. 801-All AN ORDINANCE AMENDING OWINANCE NO. 801 OF THE CITY RETATIVE TO SURDIVISION PINANCTNG AGRISEMENTS PAY SPECIAL ASSESSMENTS, TO SPECIFY THE KIND OF TO REQUIRE WRITTEN AGREENENTS ON ESCROW DEPOSITS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 8 of Ordinance No. 801, as amended, is hereby amended to read as follows: TO DELETE THE REQUIREEENT TO RECORD AN AGREEMENT TO LETTER OF CREDIT THAT NILL BE ACCEPTED, AND "Sec. 8. Responsibility for Improvements; Subdivision Financing Agreements. When preliminary approval has been given to a plat, the person or persons who filed such plat (herein called the 'Developer' whether one or more) shall cause all street, water and sewer improvements required by the resolution granting such. approval to be completed, at his own expense and under the supervision of the 1 W City's Director of Public Works and Engineering, or in lieu of making such improvements, he shall sign a subdivision financing agreement (herein called the 'Agreement'). Such Agreement, to be made between the Developer and the City, (A) as to improvements to be installed by the Developer, shall obligate the Developer to install and complete all such improvements, at his own expense and under the supervision and inspection of the City's Director of Public Works and Engineer- ing, (B) as to improvements petitioned for by the Developer to be installed by the City, which City installations shall be done only in plats situated within the Single Family Dwelling District, the Multiple Residence District and the Planned Residential District, shall obligate the City to provide engineering services and construct the improvements and obligate the.Developer to pay to the City the cost of such services and construction, through payment of special assessments, which shall be payable in not more than three annual installments, and (C) as to improvements petitioned for by the Developer to be installed and assessed in accordance with the regular special assessment policies of the City, shall provide for installation if ordered by the City Council and assessment in accordance with the regular policies of the City; provided, however, that the City shall not be obligated to enter into such Agreement (i) if the platsim- proveraents required by such resolution are not allocated among the methods at (A), (B) and (C) above in a manner satisfactory to the City Council, or (ii) if the Developer does not file a bond for the improvement at (A) above as herein- after described, and, as to the improvements at (B) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or (iii) as to any improvements, if the City Council determines that the City must borrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the City's credit rating. The Agreement shall also provide, as to improvements at (B) above, that if the Developer transfers any lot or parcel in the platted area while special assess- ments then levied, or to be levied, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid in full to the City Treas- urer or the County Treasurer. The bond herein required shall be given by the Developer with a corporate surety authorized to do business in Minnesota and approved by the City Council as surety thereon, and, as to improvements referred to at (A) above, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and, as to improvements referred to at (B) above, shall be in the full amount of all costs of making the improvements specified in the AgreeEent not paid in cash by the Developer before or at the time of entering into the Agreement and given for the securing to the City of the payment of the special assessments. "As to improvements 'referred to at (B) above, if the Developer does not file such bond, he may, in lieu thereof, deposit in escrow in a national or state bank having an office in the City cash in the full amount of the unpaid improve- ment costs, tog'ether with a written agreement signed by the Developer and the bank whereby the funds in escrow will be paid to the City from time to time upon written demand of the City, to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. such bond or deposit cash, he may, in lieu thereof, deliver a Letter of Credit to the City. approved by the City Council, shall be unconditional and irrevocable, shall be for the full amount of the unpaid improvement costs and shal.1 provide that funds will be paid to the City upon written demand from time to time of the City to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement." and publication. 'I "As to improvements referred to at (B) above, if the Developer does not file Such Letter of Credit shall be from a national or state bank . Sec. 2. This ordinance shall be in full force and effect upon its passage 41 19/76 ORDINANCE NO. 81 1-A7 1 GRANTED SECOND READING. Councilman Shaw offered Ordin- ance No. 811-A71 for Second Reading and movs its adoption as follows: ORDINANCE NO. 8 1 1-A7 1 AN ORDINANCE ANENDING THE ZONING ORDINAYCE (NO. 811) BY REEIOVING PROPERTY FROM THE C-4 COEQERCIAI, DISTRICT AND ADDING IT TO THE C-2 COMMERCIAL DISTRICT t THE CITY COUNCIL OF EDINA, KCNNESOTA, ORDAINS: Section 1. amended as f ollotJs : "The following property is removed from Commercial District C-4 and added to the Commercial District C-2: Paragraph 3 of Section 9 of Ordinance No. 811 of the City is Lot 3, Block 1, Edenmoor Addition." Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Nays: None Ordinance adop ted. ATTEST : %l-auh& OLB City Clerk ORDINANCE NO. 811-A63 ADOPTED ON SECOND READIKG. Being advised by Mr. Luce that all requirements have been met for Edina Green, located generally East of County Road 18 and South of Balibu Drive, Councilman Shaw offered the following ordin- ance for Second Reading and moved its adoption: . ORDINANCE NO. 811-A63 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND TO THE PID PLANNED INDUSTRIAL DISTRICT THE CITY COUNCIL OF EDINA, NINNESOTA, ORDAINS: amended by adding the following thereto: of the following property: (NO. 811) BY ADDING TO THE R-2 BlULTIPLE JXESIDENCE DISTRICT -. Section I. "The extent of the Multiple Residence District is enlarged by the addition That part of the Northwest Quarter of the Northwest Quarter of Section 31, Township 117, Range 21, described as follows: Beginning' at the Southwest corner of Block 1, Malibu Heights; thence South 33 degrees 52 minutes 15 seconds East, 78.99 feet; thence South 3 degrees . 22 minutes 54 seconds West, 130.00 feet; thence Easterly 62.82 feet along a non-tangential curve, concave to the North, having a radius of 130 feet and a chord bearing of North 81 degrees 45 minutes 12 seconds East; thence South 22 degrees 05 minutes 21 seconds East, 69.22 feet; thence South 21 degrees 30 minutes 34 seconds West, 183.63 feet; thence North 73 degrees 22 minutes 07 seconds West, 167.79 feet; thence North 0 degrees 53 minutes 55 seconds West, 155.59 feet; thence North 73 degrees 23 minutes 08 seconds West, 69.29 feet; thence Northwesterly 278.58 feet, along a tangential curve to the right having a radius of 260 feet, to an intersection with the Westerly extension of the South line of said Malibu Heights; thence on an assumed bearing of North 89 degrees 31 minutes 48 seconds East, along said extended line, 352.99 feet to the point of beginning." Section 2. "The extent of the Planned Industrial District is enlarged by the addition of That part of the Northwest Quarter of the Northwest Quarter oE Section 31, Township 117, Range 21 described as follows: Beginning at a point on a straight line which, if extended Easterly 510 feet would intersect the East line of said Northwest Quarter of the North- west Quarter a distance of 1262.17 feet South of the Northeast comer thereof and, if extended Westerly, would intersect the West line of Section 31 a distance of 1272.87 feet South of the Northwest corner of said Section; thence Westerly, in a straight line, to said point in the West line of Section 31 distant 1272.87 feet South of the Northwest corner thereof; thence North along the West line of said Section 31 a distance of 535.53 feet; thence at a right angle Easterly a distance of 130 feet; thence deflecting to the right at an angle or' 51 degrees 15 minutes 10 seconds a distance of 200 feet; thence deflecting to the .left at an angle of 12 degrees 29 minutes a distance of 475 feet; thence deflecting to the left at an angle of 22 degrees 20 minutes 57 seconds a distance of 178.2 feet to its in€ersection with a line drawn North from the point of beginning and parallel with the East line of said Northwesr Quarter of the Northwest Quarter; thence South karagraph 1 of Section 4 of Ordinance No. 811 of the City is Paragraph 2 of Section 10 of Ordinance 811 of the City is amended by adding the following thereto: the following property: L. .. . ,i 4/ 19/76 along said parallel line a distance of 30 feet to the point of beginning. Section 3. T'nis ordinance shall be in full force and effect upon its pass- age and publication. (Note was made that the R-2 legal description used for First Reading was incor-, rect . ) Motion for adoption of the ordinance vas seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. BUCHANAN ADDITION GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Buchanan Addition for preliminary plat approval, noting that this plat is generally located South of Dewey Hill Road, East of the Schuster property and West of Delaney Boulevard and Cahill Road. He advised that the proponents propose to divide the property into 14 single family lots with an average size of 15,000 square feet'and similar to lot sizes in the surrounding single family residential devel- opment. Mr, Luce advised that the staff and Planning Commission had recommended approval contingent on identification'on the plat of the Southernmost part of Outlot A as "Park", identification on the plat of that portion of Outlot A along the East property line as "Delaney Boulevard", and the addition of an easement adjacent to Lots 5 and 11 for utility purposes. Mr. Rosland advised that the Park Board had objected to the storm sewer property being identified as "park property". Mr. Frank Cardarelle said that they would be willing to deed that property to the City, rather than donate it as "park property". Mr. Darrell Boyd, 7204 Shannon Drive, and Mrs. Alison Fuhr, 6609 Brittany Road, Mr. Luce said that Buchanan Adciition lots are slightly larger than those in the proposed Schuster plat. area and advised that the developer would need dirt to make all the lots useable. Mr. Dunn said that soil borings would be checked along Delaney Blvd. Mr. Luce advised Mr. Marvin V. Bump, 5712 Dewey Hill Road, that Amundson Road is now in the final stages of engineering and that Delaney Blvd. will be complete 'in two or three years. following resolution and moved its adoption: In response to questions from Mr. Luce pointed out the proposed road plan for the No further discussion being heard, Councilman Courtney offered the P3SOLUTION APPROVING PRELIMINARY PLAT OF BUCHANAN ADDITION BE IT RESOLVED by the City Council of the City of Edina, tilnnesota, that that certain plat entitled "Buchanan Addition" , platted by Lyle, Buchanan and presented at the Edina City Council Meeting of April 19, 1976, be and is hereby granted preliminary approval subj ect to the following contingencies: 1. 2. 3. That the Southern portion of Outlot A be deededto'the City;' That the Eastem portion of the Outlot A be identified on the plat as That an easement adjacent to Lot 5 and Lot 11 for utility purposes be shown on the plat per an Engineering Department request. "Delaney Boulevard" ; I Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BRI-MAR COMPANY REGISTERED LAND SURVEY GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file.. Mr. Luce presented Bri-Mar Company Registered Land Survey which.had been requested by the Housing and Redevelopment Authority for the property presently occupied by Lunds' grocery store and parking area. Courtney offered the following resolution and moved its adoption: No objections being heard, Councilman RESOLUTION GRANTING PRELIMINARY APPROVAL OF BRI-MAR COMPANY REGISTERED LAND SURVEY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that Registered Land Survey, generally located North of W. 51st Street, South of W. 50th Street, and East of Halifax Avenue, and presented at the Edina City Council Meeting of April 19, 1976, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Abstaining: Shaw Resolution adopted. LOT 23; BLOCK 3, RROOKSIDE HEIGHTS, BOARD OF APPEALS AND ADJUSTMENTS DECISION UP- HELD. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file, blr. Luce presented the appeal of Mr. David A. Austin, 4/19/76 c 5017 Bedford Ave., of the March 18, 1976, Board of Appeals and Adjustments deci- sion granting a 4.8 foot side yard setback variance to Mr. William R. Winsor, 5013 Bedford Ave. the area. under the impression that the variance would allow construction closer than five feet to the property line but that the proposed five foot setback was acceptable to him. lot line and that granting this variance would be consistent with neighborh'ood standards and not detrimental to the public welfare. Mr. Austin said that 2/3 of the houses in the neighborhood have more than a five foot setback and that the request was not due to an "undue hardship". Nr. Austin expressed concern for his privacy, inasmuch as the variance wauld permit construction of the addition next -. to his bedroom and requested that the variance be disallowed for further study. He added that Mr. \?insor's garage could not have been built at its present loca- tion if it had not been for the vacated alley. Mr. Austin also objected that the bay proposed to be constructed is square and does not conform to the rest of the neighborhood and that the side stairs are only three feet from the property line. Mayor Van Valkenburg said that he believed that the vacation of the alley had imposed some rules that would not have existed had the alley not been vacated. Mr. Erickson recalled that the law states that the action of granting a variance must be within the spirit and intent of the Zoning Ordinance. Mr. Winsor urged that the variance decision be upheld. Following lengthy discussion, Councilman Courtney's motion upholding the decision of the Board of Appeals and Adjustnents with the stipulation that no windows would be built on the South side of the TJinsor's house was seconded by Councilwoman Schmidt for the following reasons : 1. 2. - welfare. Councilman Shaw assured Mr. Austin that he had not talked to members of the Comcil regarding this matter before the meeting and noted that he had not made any comments during the hearing. Coruicil's attention was called to a petition signed by neighbors in It was pointed out that one of the parties who signcd the petition was Nr. Luce said that other homes in the neighborhood are five feet from the The unexpected result of the alley vacation should be considered an extraord- inary circumstance that imposes an undue hardship; The variance will be consistent with neighborhood standards and, therefore, preserve a substantial property right and not be detrimental to the public Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: Van Valkenburg >io tion carried. I DUkP TRUCKS AWARDED TO LOW BIDDER. dump trucks with boxes showing Brookdale Ford low bidder at $25,995.12, Superior Ford at $26,748.00, Midway Ford at $26,824.00; Hall Equipment, Inc., $27,438.00, $28,904.34. He advised that low bidder left the cost (309.36 per unit) of power steering out of his bid, bringing the total cost to $26,613.84 which is still the low bid. Mr. Hyde presented tabulation of bids for two international Sarvester at $27,490.00 and Minneapolis GMC Truck Center at . 1. Councilwoman Schmidt ' s mot ion was seconded by Councilman Richards, . awarding bid to recommended low bidder, Brookdale Ford. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion passed. SHOP AND SIDEIJALK SWEEPER BID AWARDED. ders foF one shop and sidewalk sweeper showing Nott Company low bidder at $7,900.00 and Tennant Company at $8,139.75. Councilwoman SchtnZdt's motion was sec- onded by Councilman Richards, awarding bid to recommended low bidder, Nott Company. Mr. Hyde pr'esented tabulation of two bid- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg t. Nays: None Motion passed. HOOTEN CLEANERS CITED FOR DISCHARGE OF SPENT CLEANING SOLUTIOPJ. Mr. Hyde advised Council that Hooten Cleaners had received a letter from the Minnesota Pollution Control Agency regarding the accidental discharge of spent cleaning solution from an underground storage tank. with the Agency. EDINA MILL SITE (DWIGHT WILLIAEIS PARK) HEARING ON INCLUSION ON NATIONAL REGISTER TO BE HELD. Council's attention was called to a letter from the Minnesota Historical Society advisng that the State Review Committee wilrl meet on April 28, 1976, at 7:OO p.m. at Building 25, Fort Snelling, St. Paul to consider the nomina- tion of the Edina Eli11 Site (Dwight Williams Park) for inclusion on the National Register of Historic Places. Mr. Hyde reported that Hootens are cooperating fully The City will be represented. EDINA GREEN GRANTED FINAL' PLAT APPROVAL. plat approval, advising that all ordinance requirements hod been met. Counai1- man Courtney thereupon offered the following resolution and moved its adoption: Plr. Luce presented Edina Green for- final .. 2.. * .* I.,. . ... . . 4/19/76 F3SOLUTI3IJ GRANTING FINAL PLAT APPROVAL TO EDINA GREEN BE IT RESOLVED by the City Couiicil of the City of Edina, Minnesota, that that certain plat entitled "Edina Green", platted by Village Development Company, a Minnesota Corporation, and presented at the Edina City Council.Meeting of April 19, 1976, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Ro llcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. YORKTOWN SECOND ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Luce presented York- town Second Addition for final plat approval, advising that all ordinance require- ments have been met, whereupon Councilwoman Schmidt offered the following resolu-' I *oo. e- m w W tion and moved its adoption: RESOLUTION GRANTING FINAL PLAT APPROVAL TO . YORKTOWN SECOND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Yorktown Second Addition", platted by Metram Properties Company, a Minnesota Corp'oration and First National Bank of Saint Paul, and pre- sented at the Edina City Council Meeting of April 19, 1976, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. YORKTOWN AMENDMENT OF DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS APPROVED. Mr. Luce presented'hended Declaration of Restrictions 2nd Protective Covenants" which had been executed by Metram Properties Company, setting forth certain restrictions and protective covenants for Yorktown. Councilman Courtney thereupon offered the following resolution and moved its adoption: RESOLUTION BE IT RFSOLVED that the Citv Council of the City of Edina does hereby release Lot 4, Block 6, Yorktown, according to the duly- recorded plat thereof, Hennepin County, Minnesota, from'the covenants and restrictions set out in paragraph 5.c) of the Declaration of Restrictions and Protective Comnaxits filed as Documsnt No. 9033727, Files of the Registrar of Titles, Hennepin County, Minnesota. BE IT FURTHER RESOLVED, that the foregoing resolution shall not be effective unless and until there is delivered to the City an amendment to said Declaration of Restrictions and Protective Covenants, duly signed by the owner and all claim- ants of an interest in said Lot 4, and in recordable form, reimposing upon said Lot 4 the following restrictions: 1. (i) Each building on Lot 4, Block 6, Yorktown, containing dwelling units shall be a combination of three, four, and five stories in height; (ii) Buildings, parking areas, drivewsys, and other hardsurfaced, non- vegetative areas on the lot shall not cover, in the aggregate, more than sixty (60%) percent of the area of the lot. the City of Edina and may be released as to Lot 4, Block 6, Yorktown, by the City of Edina at any time and fromtime to time by its sole act. release shall be done by resolution of the Edina City Council and shall be effect- ive only upon the recording of such resolution in the same office in which said amended Declaration of Restrictions and Protective Covenants has been recorded. Motion for adoption of the resolution was seconded by Council Richards. 2. The covenants and restrictions herein contained may be released only by Any such Rollcall: . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. EDINA CHAMBER OF COMMERCE BICYCLE SP-FETY EDUCATION AND LAW ENFORCEMENT PROGRAM COMNENDED. Edina Citizens' Safety Council, described the purpose of the Bicycle Safety Edu- Mr. Raymond E. O'Connell, 4612 Valley View Road, representing the -- cation and Law Enforcement Program €or the City of Edina. congratulated Mr. O'Connell on the excellent programs which the Safety Council has sponsored. As Mayor of the City of Edina, I call upon all members of this community to give their wholehearted support to the 11th Annual Edina Bicycle Safety Program which will be conducted Monday, April 19, through Friday, May 7, under the united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Department, 'Greater Edina Chamber of Commerce, Optiiuists, Southdale Optimists, Edina Peder- Mayor Van Valkenburg Mayor Van Valkenburg then issued the following proclamation: PROCLAMATION 4/19/ 76 ated Junior Women's Club, League of Women Voters, Tha Womens Club and the PTAs and parent groups of the eight Edina Elementary Schools and three Parochial schools. for young bicyclists, as well as for pedestrians and motorists. The growing congestion of our streets and highways daily increases the dangers for the careless orunskilled rider. Reports of hundreds of deaths and thousands of* injuries each year throughout our nation (due to collisions between bicycles- and motor vehicles alone) have alerted us to the need for such a Program. By training our boys and girls, at an early age, in proper riding skills; by' teaching them the laws governing bicyclists; by explaining the reasons for obeying safety rules; and by helping them to be aware of the hazards of biking - we feel Edina is marking a concerted attempt to assure that the number of accidents does NOT keep up with the ever increasing number of bicyclists. energy crisis may even now be creating the need for our adults to use their bicycles as a means of transportation for short haul errands. us all to remeniber that a bicycle is no longer just a toy but a vehicle to be taken seriously; therefore, we should all become thoroughly familiar with the The safety of our children cannot be relegated to a once-a-year campaign. of every parent in carrying out this campaign all year long; and I urge ever] youngster to participate in this Bicycle Safety Program and then practice what he has learned -- for his own safety as well as other's. The purpose of the Program is to reduce,thc hazards of bicycle riding The It behooves rules of the road" to minimize the incidence of accidents. 11 I call for the support EDINA CHAMBER OF COtDIERCE ESTABLISHES NEW OFFICE. Council was advised that the . Edina Chamber of Commerce has established a new office at 10 Southdale Center. Mrs. Virginia Bodine is the new secretary. RESPECT FOR LAW WEEK PROCLAIMED. PRO CLAMATION clamat ion : WHEREAS, crime and its effect upon the lives and property of our citizens continues undiminished, despite efforts by government citizens' organizations. and many individuals; and WHEREAS, the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens; and WHEREAS, there is still a reluctance on the part of many citizens to involve themselves in actions to insure the protection, rights and well-being of their fellow citizens; and WEREAS, Optimist clubs and their members continue to sponsor and support programs aimed at combatting crime and disrespect for law through year-round ef f arts'; NOK, THEREFORE, BE IT RESOLVZD that I, James Van Valkenburg, proclaim the week of May 1-7, 1976, as RESPECT FOR LAW WEEK, and ask all citizens of the City of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example exercise responsible citizenship. Mayor Van Valkenburg issued the following pro- I TRAFFIC SAFETY COHMITTEE NINUTES OF APRIL 13, 1976, APPROVED. zlev's motion t7as seconded bv Councilwoman Schmidt for approval of the following Councilman Court- a- action takeo by the TraffiLSafety Committee at its meeilng of April 13, 1976:- 1. 2. and Denial of ;he STOP sign request for a 3-way STOP at Lanham Lane and Fleet- wood Drive and approval of the request that Fleetwood Drive be center striped for one lot South of Lanham Lane to guide turning motorists; Denial of the request for STOP signs on W. 60th St. between Prance and Xerxes Ave., and approval of additional radar enforcement along with a traffic count on Beard Avz. at W. 60th Street; for acceptance of the remainder of the minutes. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Motion carried. HOUSING INSPECTION NEED DISCUSSED; results of a survey made by Kent Keith, Administrative Interne, on the need of a home inspection program in Edina. naires sent out, only six of the 21 questionnaires returned indicated that they believed that a home inspection prograrn would be of benefit. said that she thought that realtors should assume more responsibility for point- ing out defects in a house that they are showing but that she did not believe that the City should instigate a housing inspection'program. NO ACTION TAKEN. Mr. Hyde reviewed the He noted that, out of 100 hundred question- Councilwoman Schmidt No action was taken. CICERO'S GRANTED ON-SALE BEER LICENSE. Councilwoman Schmidt's motion was see- onded by Councilman Courtney for approval of an On-sale Beer License for Cicero's. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None -. Motion carried. f. 4/19/76 COMMISSION AND COMMITTEE APPOINTMENTS MADE. Councilwoman Schmidt's motion was seconded by Councilman Shaw for confirmation of the following appointments : Environmental Quality Coniniission - G. Etter McCracken and Mrs. Barbara Casselman for terms to run to February 1, 1978; Human Relations Comnlission - The Reverend Donald R. Asman and Mr. Charles Clay for terms to run to February 1, 1979, and Mrs. Harriett Herb for a term of office to run to February 1, 1978; Bicentennial Commission - Mrs. James G. Hirsh and Mr. Ralph Campbell 111. As recommended by Mayor Van Valkenburd, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CHARLES W. FREEBURG REAPPOINTED TO HOUSING AND REDEVELOPMENT AUTHORITY. As recom- mended by Mayor Van Valkenburg, Councilwoman Schmidt offered the following resolu- tion and moved its adoption: A RESOLUTION APPROVING THE REAPPOINTMENT OF CHARLES W. FREEBURG TO THE HOUSING AND REDEVELOPMENT AUTHORITY OF EDINA, MINNESOTA BE IT RESOLVED by the City Council of Edina, Minnesota, that the reappointment by the Mayor of Edina, Minnesota, of Charles W. Freeburg to serve as Commissioner of the Housing and Redevelopment Authority of Edina, Minnesota, for five (5) years as set forth in the Certificate of Reappointment dated April 19, 1976, be and the same is hereby approved. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted . # 00. b. W W I NINE MILE CREEK WATERSHED DISTRICT - CITY OF EDINA AGREEMENT APPROVED FOR BREDESEN PARK. Mile Creek Watershed District for the Bredesen Park/Mud Lake Improvement PScoject which agreement has already been approved in principle. Councilman Courtney's motion authorizing the Mayor and City Manager to enter into agreement with the Nine Mile Creek Watershed District was seconded by Councilman Shaw. Mr. Hyde referred to an agreement between the City of Edina and the Nine Ayes : Courtney, Schmidt, Shaw, Van Valkenburg Nays: None Abstaining: Richards Motion carried. LABOR' AGREEMENT REACHED WITH OPERATING ENGINEERS, LOCAL NO. 49. by Mr. Hyde, Councilwoman Schidt offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council accept the Labor Agreement between the City of Edina and the International Union of Operating Engineers, Local No. 49, AFL-10, which was signed on April 6, 1976. Motion for adoption of the resolution was seconded by Councilman Courtney. As recommended RESOLUTION Rollcall: Ayes: Courtney, Schmidt, Shaw, Van Valkenburg . Nays: None Resolution adopted. COMMUNITY HEALTH SERVICES ACT PROPOSED BY HENNEPIN COUNTY. Council that he, Councilwornan Schmidt and Mr. Esse would be attending a meeting Mr. Hyde advised with County representatives on April 23, 1976, to discuss the proposed planning process for implementation of the Community Health Services Act in Hennepin County. No action was taken. ROBERT M. BAHNEMAN NAMED CHIEF BUILDING OFFICIAL. Mr. Hyde announced the appoint- ment of Nr. Robert M. Bshneman to the position of Chief Building Official, point- ing out that Mr. Bahneman would be working more directly under Fire Chief Buresh than had Mr. Moser. VETERAN'S PREFERENCE HEARING TO BE CONDUCTED. Council was advised that one of No action was 'the Fire Fighters has requested a Veteran's Preference Hearing. ' taken . KTCA RADIO PROGRAM DISCUSSED. Mr. Hyde said that. he had listened to the tape of the KTCA radio program which Mrs. McClelland had brought to Council's attention. Mr. Hyde reported that only one reference had been made to the fact that the pro- gram was originally produced in 1972 before Youth Action was started. No action was taken . METROPOLITAN COUNCIL ADVISORY COI.f$fITTEE MJ3MBERSHIP I>ISCUSSED. Hr . Hyde referred to a letter from the Hetropolitan Council concerning legislation adopted by the 4/ 19/76 '1976 'Miiiiiesota Legislature which will affect the duties 'and responsibilities of .the Metropolitan Council and municipalities in the Metropolitan Area. recommended that the City of Edina cooperate with the cities of Bloomjagton and Eden Prairie in jointly recommending appointments to the Hoderate Cost Housing and the Metropolitan Land Use Advisory Committees which will be established by the Metropolitan Council. Councilman Courtney recommended that nominations for these board also be submitted to the Association of Metropolitan Municipalities'. Mr. Hyde agreed to bring the matter to the attention of Bloomington and Eden Prairie and advised Council that they would receive copies of the legislation: No action was taken. t -He ORDINANCE NO. 901-A6 GRANTED FIRST READING. Mr. Erickson reviewed changes which he had made in the draft of Ordinance No. 901-A6 as directed by Council at its meeting of April 5, 1976. Councilman Courtney thereupon offered Ordinance No. 901-A6 for First Reading as follows: ORDINANCE NO. 901-A6 AN ORDINANCE ANENDING ORDINANCE NO. 901 TO ALLOW TEMFORARY ON-SALE LICENSES FOR THE SALE OF NON-INTOXICATING MALT LIQUOR. THE CITY COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: Section 1. "Sec. 17A. Temporary On-sale License. Temporary licenses for the on-sale Part C of Ordinance NO. 901 is hereby amended by adding thereto a new Sec. 17A, as follows: of non-intoxicating malt liquor may be issued on the following terms and condi- tions : They shall be issued only to applicants which are: "(1) "(a) A corporation or organization organized for service to the community, state, or nation, for social purposes, for the promotion of sports, or for the promotion.of persons to elective office, where the serving oE Ron- intoxicating malt liquor is incidental to and not the main purpose of the organi- zation; or A charitable or religious corporation for and to which gi?ts are deductible from the income of the donor under the Internal Revenue Code .of 1954, as now enacted or as hereafter amended; and which meet all of the following requirements by presentation of evidence satisfactory to the City Manager: Applicant must have been in existence and actively engaged in programs intended to further and promote the purposes for which organized for a period of at least 18 consecutive months prior to the date application is made for such license; "(ii) €or one or more of the purposes set out in (I) or (2) above in this paragraph (a), and not for the sole or main purpose of obtaining such license. "(b) Not more than two (2) such licenses shall be issued to any one 'corporation or organization in a calendar gear, and there shall be at least ninety (90) days between the license issue dates. "(2) 11 "(i) Applicant must be a bona fide organization, organized "(c) "(a) Only one such license shall be issued for any date. Each such license shall allcw the on-sale of non-intoxicating malt liquor only, and only on the premises described in, and for the days specified in, the license. only, an6 sales during such days shall be subject to the provisions of Sec. 18 of this ordinance relative to the hours of sale. The applicant for a temporary license shall submit an applica- tion pursuant to Sec. 14 of this ordinance, and containing such additional information as the City Manager may request as to the purpose and business of the applicant, at least forty-five (45) days in advance of the days for which such license is requested, and including with such application evidence satis- factory to the City Nanager that the applicant has in force and will have in force on the days for which the license is requested, with a company or companies acceptable to the City Manager, a public liability insurance policy, and a liquor liability policy covering liability under the provisions of Minnesota Statutes, Sec. 340.95, providing coverage of at least $300,000 for injury to one person and $500,000 for injuries from each occurrence, and at least $50,000 for damage to property, naming the City as an additional insured party on such policies. refunded unless the application is withdram or denied for reasons other than willful misstatement in the application. to the holders of, the premises licensed by, and licensed issued under this ' Section 17A, except that the applicant for such a license need not have been incorporated for more than ten years, nor own and operate a club house for its members, nor be a regularly established restaurant, golf course, or bowling- alley, and except further that the provisions of paragraph (c) of Sec. 13 and of "(e) Each such license shall be issued for two (2) consecutive days 11 . (f) - The fee shall'not be "(8) The license fee shall be $50.00 per license. "(h) The provisions of Part C of this ordinance shall be applicable 41 19/76 paragraph (b) of Sec. 17 of this ordinance shall not apply to licenses issued under this Section 17A. "(i) Once granted, and upon application made at least five (5) days in advance of the dates for which the license is issued, an applicant may request a transfer of the license to another period of two (2) consecutive days. The City Manager may grant such transfer if no temporary on-sale license has then been issued for that same time period." Sec. 2. and publication. ORDINANCE NO. 1401-A3 GRANTED FIRST READING. Councilman Courtney offered the following ordinance for First Reading: ORDINANCE NO. 1401-A3 This ordinance shall be in full force and effect upon its passage AN ORDINANCE AMENDING THE EDINA TRAFFIC CODE TO PROVIDE FOR PARKING FACILITIES FOR THE HANDICAPPED TO PROVIDE REFYRICTIONS ON THE USE OF SUCH FACILITIES, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "22. - "22.01 Definitions. A new Part 22 is hereby added to Ordinance No. 1401, as follows: Parking Spaces for the Physically Handicapped. The following words and terms as used in this Part 22 shall have the following meanings unless the context clearly indicates otherwise: 'Identifying certificate' means tne certificate or insignia issued . to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Section 169.345. 'Physically handicapped' means any person who has sustained an amputation or permanent material disability of either or both arms or legs, or who has been otherwise permanently disabled in any manner rendering it difficult and burdensome to walk. "22.02 Desi'gnation and Signing of Parking Spaces. "(a) Any person, corporation, organization, or governmental subdivision may designate, and reserve for use by physically handicapped persons, pursuant hereto, parking spaces upon property owned or controlled by the party making such designation and reservation. . Parking spaces hereafter designated and reserved for the physi- cally handicapped shall be not less than 12 feet in width and located as near as practicable to the entrance of the building that is most easily usable by physi- cally handicapped persons. "(c) Designation and reservation of such parking spaces hereafter shall be made by the posting of permanent, nonportable signs conforming to the requirements of the manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Minnesota Commissioner of Highways. No person shall hereafter erect or cause to be erected signs designating and reserving parking spaces for physically handicapped persons unless the location, number, and method of signing of such spaces is first approved by the City Planner or an appointed representative. (b) I1 (d) 11 "22.03 Parking Restrictions. "(a) The provisions of this Part 22 shall apply to all parking spaces designated and reserved for physically handicapped persons on both public and private property and whether designated 2nd reserved pursuant to applicable statutes, regulations, or ordinances, or voluntarily done. and reserved for the physically handicapped unless: vehicle under the direction and for the use of a physically handicapped person; and issued and valid indentifying certificate." "(b) No person shall park a motor vehicle in parking spaces designated "(1) That person is physically handicapped or is operating a "(2) "22.04 Penalty. "(a) "(b) Such vehicle has displayed prominently upon it a duly Any violation of this Part 22 shall be a petty misdemeanor. Any unoccupied vehicle found violating the provisions of this part 22 may be removed and impounded pursuant to City of Edina Ordinance No.' 1403. and publication. TURF TRUCKSTER FOR GOLF COURSE PURCHASE APPROVED. Mr. Hyde recalled that the pur- chase of a turf truckster for the Golf Course had been continued from the meeting of April 4, 1976. He recalled further that at its meeting of March 15, 1976, Council had approved the purchase of a turf truckster for the golf course as part of the 1976 golf course capital improvements budget. Mr. Rosland had recommended accepting the only quote received, from Cushman Motor Company, for $3,300.00 for their 4 wheel turf truckster based on OSHA and Stzte traffic laws. Courtney's motion authoyizing the purchase of the 4 wheel truckster at a cost of $3,300.00 was seconded by Councilman Richards. Sec. 2. This ordinance shall be in full force and effect upon its passage . Councilman 4/19/76 Ayes : Courtney, Richards, Schmidt, Shaw , Van Vallceiiburg Nays: None Motion carried. FORMER DIRECTOR OF PUBLIC SAFETY BENNETT DECLARED NEIlBER OF SENIOR POLICE Rl3SERVE. Councilman Shaw offered the follotring resolution and moved its adoption: BE IT RESOLVJ3D that former declared to be a member of Motion for adoption of the Rollcall : Ayes: Richard, Schmidt, Nays : Courtney Resolution adopted. RESOLUTION Director of Public Safety Wayne Bennett is hereby the Edina Senior Police Reserve. resolution was seconded by Councilman Richards. Shaw, Van Valkenburg Further discussion followed. It was generally decided that further consideration . of criteria and guidelines for membership be continued to May 3, 1976. ADDITIONAL RADAR SYSTEM TO BE PURCHASED. As recommended by Acting Police. Chief Merfeld, who clarified that there is only one source of supply, Councilwoman Schmidt's motion authorizing the purchase of the MR-7 Radar System from Kustom Signals in the amount of $2,385.00 to be paid from the 1% money equipment fund, was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. TRAFFIC PAINT TO BE PURCHASED. Councilwoman Schmidt and carried, authorizing expenditure of $1,578 for 450 gal- lons of paint to be p.urchased with Hennepin County. Councilman Courtney's motion was seconded by Ayes: Nays: None Motion carried. . Courtney, Richards, Schmidt, Shaw, Van Valkenburg t. 8 .i . '- REFLECTIVE SIGN MATERIAL PURCHASE AUTHORIZED. As recommended by lk. Dum, Councilxuan Shawls motion vas seconded by Councilman Courtney, authorizing the pur- chase of one year's supply of reflective sign material from lfinnesota Mining & Manufacturing for' the sum of $2,889.39. MOXERS TO BE PURCHASED FOR PARK DEPARTMENT. bids received for the purchase of 23 mowers for the Park Department showing Jerry's of Edina low bidder at $83.00, Sears Roebuck & Company & Company at $96.99 and Warner Hardward at $92.95 each. seconded by Councilman Courtney authorizing purchase of 23 mowers from Jerry's of Edina for a total cost of $1,909. . ..I Mr. Hyde presented a tabulation of Councilwoman Schmidt's motion was ' . ACQUISITION OF HUM3 PROPERTY CONTINUED TO MAY 17, 1976. Mr. Dalen advised that Hr. and MIS. J. M. Hume are still undecided .=bout the sale of their property at 6617 llcCauley Trail to the City. mtter to May 17, 1976. THOMSON PROPERTY OPTION TO BE BENETJED. lfr. Dalen advised Council that the Open Space Committee had decided to renew its option on the Thomson property adjacent to Garden Park. Councilman Richards' motion was seconded by Councilman Courtney aithorizing the renewal of the option. It was informally decided to continue this Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg 8 Nays: None Motion carried. HOSEK PROPERTY OFFER DISCUSSED. Mr. Rosland advised Council that he had written to the Hosek's attorney in regard to purchase of their property at 5600 Dewey Hill Road but that the Hosek's have not yet responded to the City's offer to pay $46,000.00 for the property. No action was taken. 'VOTING MACHINES TUNE-UP DISCUSSED; advised Council that the AI?{ Corporation has established a "Tune-up Program" under which technicians from the company will go over voting machines and make minor repairs and adjustments for $50.00 per voting machine, with an additional ccst of $2.50 per rnachine to change the nylon curtain cords to wire cords. Councilman Courtney's motion was seconded by Councilwoman Schmidt authorizing . the tune-up program, but with the understanding that the Clerk obtain additional bids as recommended by the City Attorney. * ADDITIONAL BID TO BE REQUESTED. Nr. Hyde ' Ayes : Courtney, Richards, Schmidt, Shaw , Van Valkenburg *. Nays: None Motion carried. 4 /19 / 7 6 €- 69 w w - LIQUOR JUPORT AS OF DECEMBER 31, 1975, was ordered accepted and ordered placed file by motion of Councilman Courtney, secmded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. HEARING DA'i'E SET FOR WATERMAIN IMPROVEMENT NO. P-WM-299. As recommended by Mr. Dunn, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON TJATERMAIN IMPROVEMENT NO ." P-WM-299 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Water Main described in the form of Notice of Iiearing set forth below, and as to the estimated cost of such improvement, said report is hereby approved and directed to be placed OD file in the office of the City Clerk. 2. This Council shall meet on Monday, May 17, 1976, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publicat ion) CITY OF EDINA ' HENNEPIN COVATY, MINNESOTA . NOTICE OF PUBLIC HEARING WATERMAIN AND HOUSE SERVICE REPLACEMENT AND NEW CONNECTION TO MINNEAPOLIS WATER SYSTEM IMPROVEMENT NO. P-FJM-299 EDINA CITY COUNCIL will meet at the Edina City Hall, 4801 W. 50th St., on:Monday, May 17, 1976, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvements are estimated by the City as set forth The below: 1. WATERMAIN AND HOUSE SERVICE REPLACEMENT AND NEW I CONNECTION TO MINNEAPOLIS WATER SYSTEM ESTIMATED COST IMPROVEMENT NO. P-WM-299 $ 386,701.90 (All Morningside Area presently served by Minneapolis Water System) The area proposed to be assessed for the cost of the improvement under No. 1 above includes Parcels 1100, 2000 and 5000, Section 7, Township 28, Range 24; Lots 1 thru 12, incl., A and B Addition; Lots 1, 2 and 3, Block 1, and Lots 1 thru 11 incl., Block 2, Arden Park Addition; Lots 7 thru 50, incl., Auditor's Subdivision 161; Lot 11, Auditor's Subdivision 172; Lots 14 and 15, Auditor's Subdivision 319; Lot 2, White Oaks 3rd Addition; Lots 1 thru 12 incl., Block 1 and Lots 1 thru 7, incl., Block 2, Berkeley Heights Addition; Lots 1 thru 26, incl., Block 1, Lots 1 thru 26, incl., Block 2, Lots 8 thru 14, incl., and Lot 19, Block 3, Crocker & Crowell's First Addition; Lots 3 thru 9, incl., Block 1, and Lots 1 thru 9, incl., Block 2, Fairbairn's Rearrangement; Lots 1, 2, 11, 12, 13, 15, 16, 17 and 18, and 24 thru 29, incl., Grimes Homestead; Lots 1 thru 16, incl., Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead; Lots 1, 2 and 3, Leerskov's 1st Addition; Lots 1, 2 and 3, Macgregor's Addition; Lots 1 thru 8, incl., Block 1 and Lots 1 thru 12, incl., Block 2, Mickelson's Re-arrangement, Morningside, Minnesota; Lots 1 thru 13, incl., Block 1, Lots 1 thru 26, incl., Block 2, Lots 1 thru 12, incl., Block 3, Minikahda Vista Third Addition; Lots 1 and 2 and 13 thru 95, incl., Morningside Addition; Lots 1 and 2, Block 1, and Lots 1 aad 2, Block 2, Morningside Manor; Lots 1, 2 and 3 and 8 thru 11, incl., Block 1, Lots 1 thru 9 incl., Block 2, and Lots 1 thru 9, incl., Block 3, Morningside Oaks Addition; Tract A, R.L.S. 517; Tracts A, By C and D, R.L.S. 549; Tract A, R.L.S. 567; Tracts A, B, Cy D and E, R.L.S. 650; Tract I, R.L.S. 651; Lots 1 thru 27, incl., Riley's Subdivision of Lots 3, 4, 5, 6, 7, 30 and 31, Grimes Homestead; Lots 1 thru 20, incl., William Scott's Addition; Lots 1 thru 4, incl., William Scott's Addition, Peterson Replat; Lots 1 thru 10, incl., Block 1, and Lots 1 thru 7, incl., Block 2, Wooddale Heights Addition; and Lots 1 thru 5, incl., Wooddale Heights 2nd Addition. I ' Florence B . Hallberg City Clerk. .* 0 Motion for adoption of the resolution was seconded'by Councilwoman Schmidt' Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. CLAIMS PAID. Motion of Councilmail payment of the following claims as 4/ 191 76 Shaw was seconded by Councilman Courtney for per pre-list : General Fund , $238,237.89 ; Park Fund, $1,115.39; Park Construction, $495.00; Swimming Pool, $23.60; Golf Course, $1,977.82; Arena, $3,546.59; Gun, $12.15; Water, $2,616.93; Sewer, $687.59; Liquor, $192,506.43; Construction, $15.00; Total, $441,234.39. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: Eone Motion carried. The agenda having been covered, douncilman Shaw's motion for adjournment was sec- onded by Councilman Richards. Adjournment at 10:12 p.m. . City Clerk I . n ..