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HomeMy WebLinkAbout19760621_regularMINUTES OF THE REGULARMEEYEQG , OF THE EDINA CITY COUNCIL HELD JUNE 21, 1976, 7:OO P.M. AT CITY HALL Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of the meeting of June 7, 1976, were approved as submitted by motion of Councilman 'Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Motion carried. IMPROVEMENTS NOS. P-BA-220, P-S-19, P-TS-1 CONTINUED TO JULY 19, 1976. As recom- mended by Mr. Dunn, Councilman Courtney's motion continuing Improvements Nos. I P-BA-220-, P-S- 19 and P-TS-1 to July 19; 1976 , was seconded-by Councilwoman Schmidt. I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carrced. PUBLIC HEARINGS CONDUCTED ON STREET IMPROVEMENT NO. P-BA-221 AND STORM SEWER IMPROVEMENT NO. P-ST.S-151. Affidavits of Notice were presented by Clerk, approved -m 3 as to form and ordered placed on file. Due notice having been given, public hear- ings were presented and action taken as hereinafter set forth. A. PERMANENT STREET. SURFACING .WITH CONCRETE CURB AND GUTTER NO. P-BA-221 IN -THE FOLLOWING: Vandervork Avenue from Division Street to 514' 3- North Mr. Hyde presented total estimated construction cost at $14,757.95, proposed to be assessed against 533.33 assessable feet at an estimated cost of $27.67 per assessable foot. Xr. Dum referred to conflictiFg information given out by a member of the staff which had indicated that the City would pay full cost of the footage abutting the park property, rather than one-third of the total'cost as would normally be paid under City policy of assessing Corner lots. Mr. Hyde -0: said that he could see how.there.could be a difference of opinion in this. parti-, cular case, and recommended that the City pay its full half of the cost. Mr. Warren Winsness, 4428 Vandervork Ave., said that when neighbors met with Mr. Hughes and the Park Board to discuss the canoe landing at the end of Vandervork Avenue: it had been his urzderstaading that the City wodd 3e paying half of the cost of paving the street. He said that most of the traffic on the street comes from people who are using the park. Nr. Hyde recalled that City policy has been that on short blocks like Division Street where the frontage is on the other street, if the street is improved the City assesses one-third of the Division Street frontage and the other two-thirds was extended a half block each way. Mayor Van Valkenburg said that the City would be following its precedent if the -park property would be assessed on a fifty-fifty basis. that he would like to have the corner lot policy clarified in writing. He then moved that the improvement be authorized, with the recommendation that the assessment be made on a fifty-fifty basis, so that the estimated cost per foot would be approximately $17.71, rather than $27.67. Motion was seconded by Councilman Richards. Councilman Courtney said (See Resolution Ordering Improvement later in Minutes.) B. STORM SEWER IMPROVEMENT NO. P-ST.S-151 IN THE FOLLOWING: Easement line along the South line of Lot 1, Block 3, The Heights 5th Addition and North along the West line of said Lot 1, fronz the S.W. corner a distance of 50' I-. Mr. Hyde presented total estimated construction cost at $9,343.26, proposed to be assessed against the property within the drainage district at a general rate of $155.88 per 1,000 square feet of area within the district, with extraordinary benefits proposed to be assessed against Lots 1 arid 2, Block 3, The Heights Fifth Addition. lot lines until construction of a swimming pool at 5701 Lois Lane tended to cut of€ the flow so-that the water settled'in a low spot in the back yard of 5705 Lois Lane. cause trees, fences and hedges are in the way and added that drainage easements would also be necessary before the improveinent could be constructed. Letters objecting to the improvement were read from Mr. William F. Cunningham, 5716 Susan Ave., Clyde H. Molde, 5709 Lois Lane, Richard, J. Petschaeur, 5717 Lois Lane, Christopher Burger, 5700 Susan Ave., Charles W. Russell, 5712 Susan Ave., Oliver J. Richardsson, 5713 Lois Lane and Xrs. Sally Goetzmann, 5705 SusaD Ave. The letters pointed out that no problem existed before the swimming pool was con- structed and that it is unfair to ask residents to pay to correct a problem created because of the change in the level of one lot. Mr. James Elliot, 5705 Lois Lane, said that he had never had any problem in the seven years that he lived in his home but that it has now become necessary to install two large sump pumps to drain the water from his yard. Mr. Dunn advised that lots in this block had drained along the back He explained that the cost of the improvement is relatively high be- Mr. William Cunningham suggested that the plan 6/21/76 ,* - - proposed for the storm sewer was too expensive and that be pursued. ' He also suggested that, inasmuch as the City authorized the con- struction of the pool, it should be responsible for the damage. Nr. Erickson pointed out that this storm sewer is not unlike the Arctic Nay storm sewer and recalled his opinion that the City was not liable for any damage from water drainage. Also speaking against the improveinentwas Mr. Chris Eurger. Mr. ' Fred Yager, the Elliot's son-in-law, said that the problem was caused by the construction of the pool. Mr. A. R. Mack, 5701 Lois Lane, said that there was a low spot in the Elliot's yard before the pool was ever built. that ME. Elliot should raise the level of his yard so that the water would drain to the rear lot line. An unidentified lady in-the audience suggested that Mr. Elliott start his sump pump before the water gets too high. 'siderable discussion, Councilman Courtney's motion that the. matter be continued to July 19, 1976, so that the Engineer could check other alternatives to correct the problem, along with the background of the problem, was seconded by Council- man Shaw. othe? alternatives should -ri; \ He suggested Following con- . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion adopted. Councilman Courtney thereupon offered the following resolution orderirLg Street Improvement No. BA-221 and moved its adoption: RESOLUTION ORDERING IMPROVEMENT q*-- STREET IMPROVEMENT NO. BA-221 BE IT RESOLVED by the Council of the City of Edina., Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the.area proposed to be assessed on the following proposed improvement : A. PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPR0V"kMENT NO. .. P-BA-221 IN THE FOLLOWING: Vandervork Avenue from Division Street to 514' + North and at the hearing held at tbe time and place speciTied in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement, with the understanding that it is recommended that the project be assessed at an estimated cost of $17.71 per foot, rather than the originally proposed cost of $27.67 per foot-, including all proceedings which may be neces- sary ir, eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequezlt proceedings as STREET IXPROVEMENT NO. BA-221; and the area to be specially assessed therefor shall include Lots 1 thru 9, inclusive, Block 15; and Lots 14 thru 22, inclusive, Block 14, Cleveland's Subdivision. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes : Nays: None Xesolution adopted. Courtney, Richards, Schmidt , Shaw , Van Valkenburg ARDEN PARK SHELTER BUILDING GRANTED FLOOD PLAIN PERMIT. presented by Clerk, approved as to form and ordered placed on file. Mr. Luce Affidavits of Notice were . showed traasparencies indicating the location of the new Arden Park Shelter Building and advising that the building had been approved by the Minnehaha Creek Watershed District and by the Environmental Quality Commission with the following provisions : 1. There shall be no flood protection structures such as dikes, permanent or temporary, installed in the floodplain relative to this proposed structure; 2. In the event of a regional flood, the structure shall be allowed to flood with no restrictions. 3. Any water supply system or wastewater system installed at or below the regional flood level shall include an automatic sanitary seal to prevent entry of flood waters . No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: (Heaters to be installed overhead.) RESOLUTION GRANTING FLOOD PLAIN PERMIT .. i: 'I FOR ARDEN PARK SHELTER BUILDING BE IT XESCLYED that the Edina City Council does hereby grant a Flood Plain Permit for construction of a new shelter building for Arden Park, subject to the follow- ing contingencies : 1. temporary, installed in the floodplain relative to this proposed structure; 2. with no restrictions; 3. flood level shall include an automatic sanitary seal to prevent entry of flood waters. 1 There shall be no flood protection structures such as dikes, permanent or In the event of a regional flood, the structure shall be allowed to flood Any water supply system or wastewater system installed at or below the regional 61 21/76 Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: .Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. RICHARD SMITH APPEAL OF BOARD OF APPEALS DECISION CONTINUED TO JULY 19, 1976. Affidavits of h'otice were presented by Clerk, approved as to form and ordered placed on file. Mr. Sand presented the appeal by Mr. and Mrs. Richard C. Smith, 4519 Bruce Avenue, of a Board of Appeals and Adjustments decision on May 20, 1976, denying their request for a 5.6 percent lot coverage variance for a detached gar- age on Lot 22, Block 3, Country Club District, Fairway Section. He advised that the proponents are planning to replace the existing two car detached garage with a 24 x 40 foot detached garage. increase lot coverage to 2,106 square feet, against the allowed lot coverage of 1,722 square feet, thus requiring a 5.6 percent lot coverage variance. He reviewed other variances for lot coverages that have been granted in the area, but explained that these have been for new homes with single story living areas or additions with living area and that all had normal sized garages. Mr. Sand expressed his concern that future owners of the premises might try to conduct businesses in the garage. Adjustments, announced that he had not discussed this matter with any other members of the Council and that he would npt enter into the discussion at this hearing. Mr. J.R.Schmidt, attorney for the Smiths, said that the garage will not be used for the storage of antique cars as the Board of Appeals and Adjustments Minutes had indicated. He said that one antique car is being reconditioned now but that it is not the plan He pointed out that there had been no neighborhood objections expressed at the Board of Appeals and Adjustments Meeting. Mr. Douglas Hastings, contractor retained to construct the garage, said that the proposed building is more aesthetically pleasing than the 24 x 24 foot garage which would be permitted without a variance. Mrs. Smith pointed out that the proposed garage would be located directly behind the driveway, leaving a more useable back yard. She said that the yard would be more attractive inasmuch as there would be room for garbage cans, bicycles and automobile storage inside, rather than outside, the garage. Mr. J. E. Loeffler, 4518 Arden Avenue, objected that the proposed location, along with the two story height of the garage would spoil his view from his house. said that she had inspected the premises and thought that the proposed garage would be an improvement to the property. died for lack of a second. variance when Mrs. Smith requested that Council inspect the site before making any decision. Following considerable discussion, Council was reminded by Mr. .- Erickson that there must be unique circumstances andundue hardships before vari- ances can be granted under the ordinance. As requested by Mrs. Smith, Councilman Richards' motion continuing the hearing to July 19, 1976, so that the property might be inspected by the Council, was seconded by Councilman Shaw. Mr. Sand explained that the proposed garage would Councilman Shaw, the Council representative on the Board of Appeals and of the Smiths to purchase any other antique cars, Councilwoman Schmidt Her motion for approval of the variance Councilman Richards withdrew his motion denying the Ayes : Courtney, Richards, 'Shaw' and. Van ValEenburg Nays: None Abstaining: Schmidt Motion carried. SOUTHDALE LIQUOR STORE ADDITION BID AWARDED. five bids received in response to Advertisement for Bids in the Edina Sun and construction Bulletin. Tabulation showed Keho Construction low bidder at $28,800, McCall & Company, $28,807; Zarl Weikle & Sons, Inc., at $29,484, Kloster Madsen, Lnc., at $32,500; Berglund Construction Company at $33,500. . As recommended by . Mr. Dalen, Coancilman Shaw's motion awarding contract to low bidder, Keho Con- struction, was seconded by Councilman Courtney. orders would be issued because the cost is too high. Mr. Hyde presented tabulation of Mr. Oalen clarified that change Ayes : Courtney, Ri.chards Schmidt, Shaw, Van Valkenburg Motion adopted. . Nays: None - METROPOLITAN COUNCIL RULES GOVERNING REVIEW OF PROPOSED MATTERS OF EETROPOLITAN SIGNIFICANCE HEARING DATE NOTED. Council was advised of a Notice of Hearing in the matter of the Proposed Adoption of Rules of the Metropolitan Council Govern- ing the Review of Proposed Matters of Metropolitan Significance which will be held in the Metropolitan Council Chambers, 300 Metro Square Building, on July 19, 1976, commencing at 1:30 p.m., reconvening at 7:30 p.m. and continuing until all persons have had an opportunity to be heard. The Clerk will obtain copies of the Rules for Council members. ' EDEN PRAIRIE ROAD STREET NA1G CHANGE QUESTIONNAIRES TO BE SENT. Council of a petition signed by nine residents and owners of property on Eden Mr. Hyde advised 1 6/21/ 76 i. Prairie Road requesting the name change of Eden Prairie Road to "Whitehall Road1!. Mr. Hyde recalled that this is the second request for a name change which has been submitted in recent years, and that the matter had been abandoned the last time because of insufficient interest in making the change. Mr. Hyde, Councilman Shawls motion that letters be sent to residents of Eden Prairie Road asking for an indication of interest was seconded by Councilwoman " Schmidt. As recomnended by Ayes : Courtney, Richards , Schmidt , Shaw , Van Valkenburg Nays: None Motion carried. I BEARD AVENUE PERMANENT STREET SURFACING A" CURB REQUESTED BETWEEN W. 59TH AND W. 60TH STREETS. A petition for permanent street surfacing and curb for Beard Avenue between W. 59th and TJ. 60th Streets was presented and referred to the Engineering Department for processing by motion of Councilman Richards, seconded by Councilman Shaw . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. COUNTY ROAD 18/VALLEY VIEW ROAD INTERCHANGE PETXTION REFERRED TO TASK FORCE AND STAFF. Council's attention was called to a petition signed by approximately 300 residents from various parts of the City requesting the Council to "accept the report of the County Road 18/Valley View Road Task Force, released January 1974, and the Edina City Staff Recommendations, released November 1974, to build the full access interchange at County Road 18 and Valley View Road. This includes the construction of the cul de sac as planned on Valley View Road and also con- struction of the link between the interchange and Valley View". Mrs. Virginia Bodine, 6525 Gleason Road, referred to traffic counts taken on Gleason Road and said that Mr. Hoffman had told her that after the cul-de-sac is installed, Gleason Road will carry an additional 1,000 cars each day. Mrs. Bodine referred to the fact that Gleason Road passes Creek Valley Elementary School and that last year there were seven accidents on Gleason Road between Valley View Road and the Crossi town Highway, with two accidents already this year on that same stretch of road. She urged that the link between County Road 18 and Valley View Road be constructed as s.oon as possible so that the project will not become more costly. Yz. Joseph ScheiaezILai, 7313 Gleason Road. a member of the Task Force and the Coordinator for the Metropolitan Transportation Board, recalled that the present plans are a compromise brought about by the many diverse opinions represented on the Task Force. He stressed the need to continue with the staff plans to isolate the Industrial Park area from the residential area to the West by cul-de-sacing Cahill Road and by the construction of the pro- posed Delaney Blvd. He also spoke of his concern in the matter of 78th Street being closed off at County Road 18, which action he believed would further div- ert traffic up Gleason Road or across Braemar Park out through the Valley'View Road interchange. Mr. Springer also expressed his support for the full inter- change at Valley View Road and County Road 18, recalling particularly' thatthe consultant azd the staff have recommended this to be the most viable solution. Nr. Dunn advised that construction on the project had just begun to- day. He added that there is no possibility of constructing the connecting link in this project. ks recommended by Mayor Van Valkenburg, Councilmzn Courtney's motion referring the matter back to the staff and to the Task Force for their recommendations, with the hope that it can be brought back to Council for the July 19, 1976, meeting was seconded by Councilwoman Schmidt. Urging that I . Council act fzvorably on the petition were Mr. Larry Gold, 6620 Gleason Road and Mr. Clement Springer, 6828 Gleason Road, Ayes : Courtney, Richards, Schmidt, Shaw , Van Valkenburg Nays: None Motion adopted. I AUEY VACATION HEARING DATE SET. of the alley between Zenith and York Avenues and between W. 55th and W. 57th Streets, Councilman Richards offered the.following resolution and moved its adopt ion : RESOLUTION CALLING PUBLIC HEARING ON ALLEY VACATION In response to a 100% petition for the vacation BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. It is hereby found and determine4 after receipt of the petition of 100% of owners of land abutting thereon, that the following described street should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: Alley between Zenith and York Avenues and between W. 56th and W. 57th Streets; 2. This Co.mcil shall meet at the time and place specified in the form of notice .. 6/2 1/ 76 included in paragraph 3 hereof for the purpose of holding a public hearing on whether such alley vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous p.laces within the City, as provided in Minnesota Statutes, Section 412.551. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON ALLEY VACATION IN THE CITY O'F EDINA I TF 00 b* M w m HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801W. 50th Street on Monday, July 19, 1976, at 7:OO p.m., for the purpose of holding a public hearing on the pro- posed vacation of the following alley: . Between Zenith and Yovk Avenues and between W. 56th and W. 57th Streets All persons who desire to be heard with respect to the question of whether or the above proposed alley vacation is in the public interest and should be made shall be heard at such time and place. The Council shall consider the extent to which such proposed alley vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or upder the.area of the proposed vacation, to continue maintaining the same or to enter upon such alley or portion thereof vacated to maintain, repair, replace, remove,. 'or otherwise attend thereto, for the purpose of specify- ing, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. not Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PL&WING MATTERS HEARING DATES SET. Councilman Courtney, setting hearing date for prelimiilary approval of Dalsin 1st Addition for July 12, 1976, and July 19, 1976, for the following hearings: Pre- liminary Plats for Gordon Schuster Registered Land Survey, Dreis Addition, Erick- son Addition, Krahl's Mountain; Southeast corner of W. 50th St. and Halifax Ave. from C-2 and C-4 Commercial Districts to APD Automobile Parking District. Councilman Shaw's motion was seconded by . . . Rezoning for Lund's Parking Lot located at the Ayes: Nays: None Mot ion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg .. . FEDERAL GENERAL REVENUE SHARING PIA"ED USE REPORT TO BE FILED. As recommended by Mr. Hyde, Councilman Courtney's notion was seconded by Councilwoman Schmidt "Other" for planned expenditures ?or the $106,561 Edina will receive during the period from July .1, 1976, to June 30, 1977, with the understanding that the report is not binding and may be amended as part of the 1977 Budget process. Ayes : Nays: None Motion carried. Courtney, Richards , Schmidt, Shaw, Van Valkenburg LE BISTRO, INC., ON-SALE BEER LICENSE APPROVED. ing an On-sale Beer License for Le Bistro, Inc., as recommended by the Police Department, was seconded by Councilman Richards. CouncilmFin Shaw's motion approv- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. NORTHERN: STATES POWER COMPANY RATE INCREASE NOTED. a rate increase in commercial rates by northern States Power. the Suburban Rate Authority has intervened. No action was taken. Mr. Hyde advised Couiicil of Mr. Dalen said that 6/21/76 /!'BELLS OF FRJIEDOM" ENDORSED BY COUNCIL. Mr. Hyde called Council's attention to a plan, sponsored by a number of patriotic organizations, which will make all Americans aware "of the precious giEt of freedom and to awaken their minds and spirits with the ringing of bells in every city, town and hamlet throughout . the land -- all bells ringing together at the stroke of 2 p.m. (E.D.S.T.) on July 4, 1976, and continuing for fifteen minutes". Councilman Shaw's motion approving Mr. Hyde's suggestion that letters be sent to-the City's churches advising them of the commemoration was seconded by Councilwoman Schnidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. ASSOCIATION OF NETROPOLITAN MJNICIPALITIES MEMBERSHIP APPROVED. Courtney's motion authorizing payment of Ass2ciation of Metropolitan Municipali- ties dues for the year June 1, 1976 thru Nay 31, 1977, was seconded by Council- man Shaw and carried. PURCHASE OF MILLER PROPERTY DISCUSSED. NEGOTIATIONS AUTHORIZED. Mr. Rosland advised Council that Mr. Dalen has been negotiating with Mrs. Lee N. Miller for acquisition of her house and four lots at 4701 TJ. 64th Street which is in the Northwest comer of Lake Cornelia Park, and that Mrs. Miller has indicated her desire to remain in the house for one year. purchase of the land would meet all of the criteria of Lawcon, but if that fund- ing should not be available, the land could be purchased from the Developers' . Fund. Councilman Richards questioned whether or not Lawcon funds would be avail- able once a there was a binding obligation. Councilman Richards' motion was then seconded by Councilwoman Schmidt authorizing Mr. Dalen to negotiate an option for acquisition of Lots 5, 6, 7 and 8, Block 11, Normandale Addition, in such a-man- ner that there will be no interference with the Lawcon'application. Courtney , Richards, S chmidt , Shaw , Van Valkenburg Councilman It was explained that the proposed Ayes : Nays: None Motion carried. , ART CENTER LQCATION DISCUSSED. Mr. Rosland advised of the concern for an Art Center, advising that the Park Board had recommended that an Art Center be estab- lished temporarily at the Joseph Moore house on Melody Lake and that equipment . for the Art 'Center be purchased from the proceeds from the Bicentennial Ball. %e Park Board had also.recommended that the Art Center be located at the Joseph Moore home wtil such time as the Miller house or the Hume house might be avail- able for this use. Being advised by Mr. Rosland that there has been no negative reaction to this proposal, Councilwoman Schmidt's motion establishing a tempor- ary Art Center at the Joseph Moore house was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 1976-78 COMMUNITY DEVELOPHENT HOGSING ASSISTANCE PLAN AND STATUS OF HOUSING PLAN- NIXG DISCUSSED. Mr. Luce eqlained the June 8, 1976, memorandum sent to the CcrUncil identifybg the progress to date by the Planning staff in regard to Edina's Housing Assistance Plan. He explained the present Metropolitan Housing Allocation Plan and recommended that Edina take a position opposing the formula used for that allocation. firrancia1 effects of the Plan and review powers of the Metropolitan Council as well as how those powers influence the City's ability to receive grants. recommended that the City continue its existing housing programs and add a hous- ing person to the Planning staff. could be achieved by using Community Development Funds for the balance of 1976 and that funding for 1977 would be discussed'with the 1977 Budget. Councilman Courtney's motion for approval and confirmation of the general foimula of the June 8, 1976, memorandum was seconded by Councilwomn Schmidt. Mr. Luce then discussed the legal effects and the He Mr. Hyde indicated that funding of that person I Ayes.: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Hotion carried, KRAHL HILL DISTRICT COURT DECISION APPEAL DISCUSSED. Council needed to make a decision on whether to appeal the District Court zoning decision to the Supreme Court prior to June 29, 1976. that this was an attorney-client relationship problem and that the Open Meeting Law permitted private discussion of the matter. Nr. Hyde indicated that the The City Attorney suggested No action was taken. I FEDERAL HiRITAGE PRESERVATION FUNDING CONTINIED. Councilman Courtney's motion contiGuing discussion on .the Federal Heritage Pre- servation Funding, was seconded by Councilwoman Schmidt. As recommended by Mr. Hyde, 6/21/76 Ayes : Courtney, Richards , Schmidt , Shaw ,- Van Valkenburg Nays: None Motion carried. i EDINA AMERICAN LEGION SITE STUDY TO COMMENCE. Mr. Hyde advised Council that the Carl Walker and Associates Study on the Edina America11 Legion Site will. commence next week. He said that the $3,500 fee would be applied to any permanent design that Council might approve, and that a thorough study would also be made of the ground only, without any building. - ORDINANCE NO. 311-A8 OBJECTIONS HEARD. Mr. Kenneth A. Liebler, 5013 W. 60th Street, read a statement objecting to Ordinance No. 311-A8 as it pertains to a $10.00 license for dogs which have not been neutered. He objected that neutering his dog would cause a personality change in the animal and suggested that a "grand- father clause" be included in the ordinance. Mr. Liebler was advised that the neutering was not mandatory and that there was only a $5.00 difference in the license fee between neutered and aiiimals that are not neutered, and that the decision is still up to the owner of the dog. I No action was taken. LIQUOR FUND as of April 30, 1976, was presented by Mr. Dalen, reviewed and ordered placed on file by motion or' Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. lh3BER PARK BACKSTOP PURCHASE APPROVED. Motion of Councilwoman Schmidt was seconded by Councilman Richards authorizing purchase of a backstop at Weber Field from Keystone Fence Company in the amount of $2,500.00. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg .. . Nays: None Mot ion carried. HOUSING AND REDEVELOPMENT AUTHORITY HEARING DATES SET. As recommended by Mr: Luce, Councilman Richards' motion was seconded by Councilman Shaw, setting hearing date for establishment of a Commercial Sanitation District for July 12, 1976. The motion also included setting hearing'date for July 19, 1976 for the assessment of 20% of 1975-HRA-1. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Richards thereupon offered the following resolution and moved its 1 I, adopt ion : RJISOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARING FOR 1975 HOUSING AND REDEVELOPPMENT AUTHORITY 111 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The Executive Director of the Housing and Redevelopment Authority having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective iots, places and parcels of land withirr the districts affected by said improvements, said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. ing form hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved; This Council shall meet at the time and place sbecified in the Notice of Hear- Notice being as follows: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MlNNESOTA 55424 HENNEPIN COUNTY, NINNESOTA NOTICE OF ASSESSMENT FOR HOUSING AND REDEVELOPMENT AUTHORITY #l 50TH AND FRANCE COMXXRCIAL AREA IMPROVEMENTS Streets, roads, traffic control devices, ped- estrian walks, plazas, special lighting, including undergrounding of overhead utilities, parking lots, ramps and land acquisition TKE EDINA CITY COUNCIL will meet at the City Hall, 4801 W, 50th Street, Edina, Minnesota, on Monday, July 19, 1976, at 7:OO p.m., to hear and pass upon all objections, if any, to the following proposed assessment. This assessment is now on file in the office of the Edina City Clerk and open to public inspection. I 6/21/76 I Assessment will be payable in 15 equal installments over a period of fifteen *(I51 years. year 1976, collectible in 1977, with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1977. the same rate for one year on all unpaid installments. assessed for the following improvement may pay the whole of the assessment with- out interest to the City Treasurer on or before November 15, 1976, or make pay- ment with accrued interest to the County Treasurer. First payment of each assessment will be payable with the taxes for the To each subsequent installment will be added interest at The owner of the property The area to be assessed includes all or part of the following: Plat Number 75980, Lund Kruse Addition: . Parcel 5000 " Lot 5 Parcel 7000 Lot 7 Parcel 8000 Lot 8 Parcel 9000 Lot 9 Plat Number 76816, Replat of Lot 6, Block 1, Lund-Kruse Parcel 3050 Lot I, Block Parcel 8000 Lot 2, Block Parcel 1000 Lot 1. Block Plat Number 77330, Steven's Erst Addition: Addition : 1 1 1 Parcel 1500 Lot lland Lot 2, Block 1 Plat Number 73970, Auditor's Subdivision No. 172: Lots 20, 21, 22 and 23 Lot 24 Lot 24' Lots 25, 29 and 30 Lot 26 Lot 27 Lots 28, 29 and 30 Lot 30 Lot 31 Lot 32 and Lot 34 Lot 33 Lot 34 and Lot 35 Lot 35 Lot 35 . . Lot 35 Lot 35 and Lot 36 Lot 36 Lot 36 Lot 36 Lot 36 .Lot 42 and Lot 43 Lots 41, 42 and 43 . Lot 43 Lots 43, 44, 45 and 49 Lot 44 Lot 44 Lot 45 Lot 45 Lot 45 Lot 45 Lot 45 Lot 47 Lot 49 Lot 49 Lot 49 - Any owner may appeal the assessment to the Parcel 1325. Parcel 1550 Parcel 1600 Parcel 1651 Parcel 1700 Parcel 1750 Parcel 1805 Parcel 1810 Parcel 1951 Parcel 2010 Parcel 2050 Parcel 2150 Parcel 2220 Parcel 2250 Parcel 2325 Parcel 2350 Parcel 2365 Parcel 2376 Parcel 2525 Parcel 2550 Parcel 2710 Parcel 2815 Parcel 2870 Parcel 2910 Parcel 2960 Parcel 2975 Parcel 3016 Parcel 3025 Parcel 3035 Parcel 3040 Parcel 3050 Parcel 3400 Parcel 3455 Parcel 3552 Parcel 3554 District Court pursuant to Minnesota . __ Statutes, Section 429.081, by serving notice of the appeal-upon the Mayor or Clerk of the City of Edina within twenty (20) days after the adoption of the assessment by the City Council, and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk. BY ORDER OF THE EDIhTA CITY COUNCIL. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Courtney Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg I I i. 1. 3. 1 1975-HRA-1 SPECIAL SERVICES TO BE CONSIDERED, woman Schmidt's motion was seconded by Coiincilman Courtney, setting July 19, 1976, As recommended by Mr. Luce, Council- I 6/21/76 I'A 5 for consideration of special services for 1975-HRA-1 which will include mainten.- J ance and Ayes : Nays : Motion public services. Courtney, Richards, Schmidt, Shaw, Van Valkenburg None adopted. SPECIAL ASSESSMENT SEARCH FEE INCREASED: As recommended by Mayor Van Valkenburg it was informally agreed to increase the fee for Special Assessment Searches from $5.00 to $7.50. No formal .action was taken. CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Shaw for payment of the following claims as per Pre-list dated June.21, 1976: Fund, $66,485.82; Park Fund, $5,466.46; Park Construction, $40,829,83; Swimming Pool, $2,797.49; Golf, $15,410,11; Arena, $3,548.65; Gun, $I,077.19; Water Works, $9,032.17; Sewer Fund, $66,832.65; Liquor Fund, $195,188.53; Construction Fund, $108,565.09; IBR Fund, $687.15; Advance Funding, $660,462.50; Total, $1,176,383.64. General No further business appearing, the meeting was declared adjourned and was followed by the continued meeting of the Board of Review. Y' /-a, d. f! City Clerk