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HomeMy WebLinkAbout19760719_regularMINUTES OF THE RXGUMR IIEETING OF THE EDINA CITY COUNCIL WaLD JULY 19, 1976,.7:00 P.M. AT CITY IIALL Answering rollcall were members Courtney, Richards , Schmidt; Shaw and Nayor Van Valkenburg. 1975-HM-1 ASSESSBENT ORDERED. approved as to form and ordered placed on file. Nr. Luce presented Analysis of Affidavits of'Notice were presented by Clerk,* Assessment showing total construction cost incurred at $3,555,662, less $118,820 for the sale of the Union Oil and the Edina LAquor Store sites. Of this total cost, only 20%, or $687,000, is to be assessed, the balance will be paid from tax increments produced by redevelopment of the 50th & France Commercial Area, from municipal state-aid funds and other sources. The amount to be assessed, $687,000, is proposed to be assessed against 318,970 assessable square feet at $2.155 per assessable square foot. ney offered the following resolution and moved its adoption: RESOLUTION ADOPTING AND CONFIREiING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF 1975 HOUSING AND REDEVELOPMENT AUTHORITY NO. 1, 50TH & FRANCE COMNEliCIAL AREA INPROVENENTS I No objections beiilg heard, Councilman Court- BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearing as required by law on the proposed assessment roll for the improvement hereinafter referred to, and at such hearing held July 13, 1976, has considered all oral and written objections presented against the levy of such assbssment. 2. The Assessment, as set forth in the assessment roll on file in the cffice of the City Clerk for 1975 HOUSING AN9 REDEVELOPNENT AUTHORITY NO. 1, 50th & FRANCE COMMERCIAL AREA IWROVEMENTS, does not exceed the local benefits conferred by said improvements upon the lot, tract, or parcel of land so assessed, and said assessment is hereby adopted and confirmed as the proper assessment on account of said improvement to be spread against the benefited lots, parcels and tracts of land described therein. 3. installment to be payable, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1977, with the geaeral taxes for the year 1976. 4. The Cfty Clerk shall forthwith prepare and transmit to tha Comty AGditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installmeat and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. The Clerk shall also mil notice of any special assessments that may be payable by a county, by a political subdivision, or by the owner of any right-of- w2y, as required by Knnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution vas seconded by Councilman Shaw. The zssessment shall be payable in 15 equal annual installments, the first Rollcall: Ayes: Courtney, =chards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted . L. SALE OF PMXING RAW P-1 TO THE HOUSING & XEDEVELOPMENT AUTHORITY OF EDINA, NIHNESOTA, FOR TEE UZPAID BALANCE OF SPECIAL ASSESSHENT AGAINST PARKING RAMP NO. P-l AND CAXCELLATIOW OF SUCH ASSESSNENT. Mr. Luce advised the Council that, pur- suant to the Cooperative Agreement between the City of Edina and the Homing and Redevelopment Authority of Edina, Minnesota ("H.R.A."), entered into as of April 8, 1975, the H.R.A. has paid to Edina the sum of $429,864.58, being the total amount of the unpaid balance of special assessments levied for said Parking Ramp No. P-1, in exchange for a quit claim deed to said Parking Ramp No. P-1, and that said funds should now be deposited in the City's Improvement Bond Redemption Fund, and the assessment for said Parking Ramp P-1 should now be canceled. No discus- sion being heard, Councilman Courtney offered the following resolution and moved its adoption : - RESOLUTION RATIFYING AND CONFINlING DIRECTING EEPOSIT OF SALE PROCEEDS INTO THE CITY'S IMPROVEMENT BOND R3DEbPTION FLWD SALE OF PARKING RANI? P-1 AND BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The conveyance by quit claim deed from the City of Edina to the I.I.R.A. of Parking Ramp P-1, for the sum of $429,864.56, pursuant to the Cooperative Agree- ment between the parties entered into as of .April 8, 1975, is hereby ratified and confirmed. 2. All proceeds Imp rovemetit Bond 7/19/76 from such sale are directed to be deposited in the City's Redemption Fund. 3. All unpaid special assessments for said Parking Ramp P-1 are hereby canceled, and the City staff is hereby autharized and directed to do all. things iiecessary to cancel such special assessments on the books and records of the City of Edina and the County of Hennepin. Motion for adoption of the resolution was seconded .by Councilman Shaw. Rollcall: Ayes : Courtney, Pdchards , Schmidt , Shaw , Van Valkenburg Nayes :. None .Resolution adopted. ORDINANCE NO. 1212-A1 GRANTED FIRST READING. Mr. Luce presented Ordinance No. 1212-A1 for First Reading, which ordinmce had been requested by the staff to determine how recurring costs would be paidafor various services within the 50th and France Commercial Area, if not paid by the owners of the property. son said that he believed the proposed ordinance would be stretching the inter- pretation of the Statute and recommended that the City obtain a special law ratify- ing the ordinance or a general law specifically allowing the ordinance. that, if the City should be questioned about the inclusion of these parking facility maintenance costs, the worst that could happen.would be that, the costs could not be charged and that they would have to be paid from general revenues. No further dis- cussion being heard, .Councilman Courtney offered Ordinance No. 1212-A1 for First Reading as follows : Mr. Erick- He said ORDINANCE NO. 1212-A1 d.l 90 b 'tg M AN ORDINANCE AMENDING ORDINANCE NO. 1212 TO PROVIDE FOR THE REMOVAL OF SNOW, ICE AND RLJBBISH FROM SIDEWALKS AND PARKING FACILITIES, WEED ELIMINATION FROM STREETS AND PRIVATE- PROPERTY , REMOVAL AND ELIMINATION OF PUBLIC HEALTH AND SAFETY HAZARDS FROM PRIVATE PROPERTY, W TRIMMING, CARE, AND REMOVAL OF TREES, mPAIR OF SIDEWALKS AND ALLEYS , AND OPERATION , INCLUDING MAINTENANCE, OF A LIGHTING SYSTEM FOR STREETS, SIDEWALKS, AND PARKING FACILITIES, AND ASSESSMENT AGAINST PROPERTY WITHIN THE 50TH & FRANCE FOR THE COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL COMMERCIAL AREA IF NOT PAID BY THE OWNERS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 4. Work Within the 50th & France Commercial Area; Payment and Assess- "(a) Pursuant to Minnesota Statutes, Section 429.101, the City Manager, from Ordinance No. 1212 is hereby amended by adding a new Section 4, as follow: ment. time to time, either annually or at shorter intervals, may order any one or more of the following items of work to be done in the 50th & France Commercial Area: "(1) Removal of snow, ice, and rubbish, including litter, from side- walks and parking facilities. "(2) Elimination of weeds from any and all streets, sidewalks, and private property. "(3) Removal or elimination of any public health or safety hazards from private property. "(4) Trimming and care of trees and the removal of unsound trees within public ways, boulevards, or sidewalks. "(5) Repair of sidewalks and alleys. "(6) Operation, including maintenance, of lighting systems for streets, sidewalks, and parking facilities. area within the City of Edina included within the plan prepared by the Housing and Redevelopment Authority of Cdina, Minnesota, entitled '50th & France Coinmercial Area Plan,' dated December 3, 1974, and parking facilities shall mean all lots, lanes, ramps, and accessories thereof, both public and private, and either on the surface, aboveground, or underground. first sentence of Sec. 1) shall apply to work ordered to be done pursuant to this Sec. 4, except that the costs to be reported to the City Clerk may be those then actual.1~ incurred or those to he incurred. All costs incurred or to be incurred for such work, or such portion thereof as the Council by resolution from the to time shall determine to charge pursuant hereto, shall be charged semiannually, or with such other frequency as the Council by resolution from time to time shall determine, to each owner of each separate lot or parcel of land within the 50Ch & France Commercial Area, in proportion to the benefits conferred upon such lots or parcels. made for a cost to be incurred and, based UPOR Subsequent actual costs, is found to be excessive, subsequent charges shall be reduced by such excess, and, if deficient, subsequent charges shall be increased by such deficiency. Any charge not paid in full by September 10 of each year shall be levied as a special assessment against the lot or parcel of land benefited. "(b) For purposes hereof, the 50th & France Commercial Area shall be the "(c) The provisions of Sec. 1 and Sec. 2 of this Ordinance (except the (d) 11 If any charge is 7/19/76, "(e) On or before September 15 of each year, the Clerk shall prepare an - . assessment roll assessing against each separate lot or parcel of land within the 50th & France Comercial Area all costs of such work charged against such lots or parcels and unpaid as of September 10 of that year. thereupon shall examine such aesessnient roll submitted by the City Clerk and, if satisfactory, shall call a public hearing and levy special assessments for such work in accordance with ICnnesota Statutes, Section 429.061. such special assessments ahall be payable in a single installment, or in up to ten equal annual installments, if the Council by resolution so provides, with interest thereon at the rate fixed in the resolution approving the special assessments, but not to exceed the maximum interest rate allowed by law. its passage and publication. IMPROVEHENTS NOS. P-BA-220, P-S-19,'P-TS-1 AND P-ST.S-151 CONTINUED. As recom- mended by ML'. Dunn, Councilman Shaw's motion continuing Improvements Nos. P-BA- . 220, P-S-19, P-TS-1 and P-ST.S-151 to August 16, 1976, was seconded by Council- man Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. The Council All ' . Sec. 2. This ordinance shall be in full force and effect inmediately upon ORDINANCE NO. 511-A78 GRANTED FIRST READING. by Clerk, 2pproved as to form and ordered placed on file. that this hearing the purchase agreeEent and trade with Brimar Corporation for the Lunds' parking lot which is located at the Southeast corner of Halifax Ave. and W. 30th Street. He clarified that the existing zoning of C-2 and C-4 are not appropriate as a part of the overall plan for the area. Schmidt offered Ordinance No. 811-A78 for First Reading as follows: Affidavits of Notice were presented Mr. Luce explained has been called upon the request of the H.R.A. as a part of No objections being heard, Councilwoman ORDINANCE NO. 811-A78 AN ORDINANCE AMEhQING THE ZGNIhTG ORDINANCE (NO. 811) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: of the following properties: BY ADDING TO THE AUTOMOBILE PARKING DISTRICT 4 Section 1. Paragrzph 1 of Section 6 of Ordinance No. 811 of the City is The extent of the Automobile Parking District is edarged by the addition I1 That part of Lots 42 and 43, Auditor's Subdivision Number 172, Henaepin County, Minnesota, described as follows: Commencing at a point in the North line of the East 60 feet of the South 189.5 feet of said Lot 43, which point is 56;77 feet West of the East line of said Lot 43; thence 11.78 feet along a straight line produced Southerly to a point in the South line of said Lot 43; a distance of 53.67 feet Westerly of the Southeast corner of said Lot 43; thence Westerly, deflecting to the right at an angle of 90 degrees 51 minutes 08 seconds, a distance of 38.42 feet of the actual point of beginning of the tract of land to be described; thence continuing Mes~erly along the same line to an intersection with a lice parallel with and 9.36 feet East of the West line of said Lot 42; thence Northerly along said parallel line to a point 156.83 feet South of the North line of said Lot 42, which point is a point of curve to the left with a radius of 353.33 feet; thence Northwesterly along said curve, a distance of 81.5 feet to the West line of said Lot 42; thence Northerly 76.11 feet to the Northwest corner of said Lot 42; thence East along the North lines of said Lots 42 and 43, a distance of 211.07 feet; thence Southerly, a distance of 178.53 feet, to the point of beginning." Sec. 2. age and publication. . This ordinance shall be in full force and effect upon its. pass- I ALLEY VACATION APPROVED BETWEEN ZENITH AND YOU AVENUES AND W. 56TK AND W. 57TH STREETS. Affidavits of Notice were presented by Clerk and ordered placed on file. Mr. Dunn presented the petition of residents abutting the alley located between Zenith and York Avenues and W. 56th and W. 57th Streets requesting vaca- tion of the alley, advising that utility easements would need to be reserved. Mr. Hyde advised an unidentified lady fn the audience that half the width of the alley would revert to each abutting lot. Mr. and llrs. Earl Schwartz, 5629 Zen- ith Ave., spoke in fmor of the vacation. Councilman Shaw offered the following resolution and moved its adoption: No further coniments being heard, RESOLUTION VACATING ALLEY BETWEEN ZENITH AND YON< AVENUES AND BETWEEN W. 56TH AND W. 57TH STREETS WHEREAS, a resolution of the City Council, adopted the 21st day of June, 1976, 7/19/76 fixed a date for a public hearing on a proposed vacation of the alley between Zenith and York Avenues and between W. 5Gth and W. 57th Streets; and \ME1U3ASy two weeks' published and posted notice of said hearing was given and the hearing was held on the 19th day of July, 1976, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said alley vacation be made; and TJHEREAS,*the Comcil has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation or municipality owning or controlling the electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEEFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the alley between Zenith and York Avenues and between W. 56th and TJ. 57th Streets be and is hereby vacated effective as of July 19, 1976; PROVIDED, however, that after due consideration, the Council has determined and hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved and retained, the following existing easements and authority in, on and under the above vacated area: The authority of the Northern States Power Company and Northwestern Bell Tele- phone Company to enter upon the above vacated area to maintain, repair, replace, remove, or otherwise attend to, all of the poles, pipes, mains and lines for electrical and telephone services now in, on or under the above vacated area; BE IT FURTHER RESOLVED that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Councilman Courtney. e. 013 t- M w and m . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. RICHARD C. SMITH LOT COVERAGE VARIANCE GRANTED. Mr. appeal of Mr. and Mrs. Richard Smith to the decision Adjustments denying a 5.6% lot coverage variance for Sand recalled that the of the Board of Appeals and construction of a garage on-Lot 22, Block 3; Country Club District, Fairway Section (4519 Bruce Ave.) had been continued from the Council Meeting of June 21, 1976. No comments were heard from the audience. Councilwoman Schmidt then moved that the variance be granted, inasmuch as she believed that the garage would be an improvement to the neighborhood and because the view of Mr. J. E. Loeffler, 4518 Arden Ave., would be spoiled even if the variance is not granted. Motion was seconded by Council- man Richards. Ayes : Courtney, Richards, Schmidt , Van Valkenburg Nays: None Abstaining: Shaw (having served on the Board of Appeals and Adjustments) FOUNTAINWOODS AFAKTKENTS (FIRST WISCONSIN NATIONAL BANK) APPEAL OF BOARD OF AI'PEALS AND RECOMNENDATIONS DECISION CONTINUED. Affidavits of Notice were presented by Clerk, approved as to fG and ordered placed on file. Mr. Sand presented the appeal of First Wisconsin National Bank which has assumed ownership of the Fountain- woods Apartment project from ViewCon, Inc., for permission to maintain a single family dwelling unit strucrure in the R-4 Multiple Residence District. that a temporary two-year variance had been issued so that a freestanding rental office and model apartment could be constructed on the site which building was to have been removed by May 3, 1974. Mr. Sand said that the Board of Appeals and Adjustments had denied the variance on the grounds that the building was designed as a temporary sales office and that it had no garage. office of Faegre & Benson, representing First Wisconsin National Bank, said that the structure has always been considered a model apartment and not a "sales office". He showed snapshots of the building in question as it fits into the landscaping of Fountainwoods, and said that it is a permaneut structure with a block foundation and does not detract from surrounding apartments. He contended that First Wisconsin had been unaware that this had been considered a temporary building at the time they acquired Fo-atahwood and that they would suffer a considerable financial ~OSS if forced to remove the building which had been appraised at a replacement cost of $30,000. Mr. Dotcn said for the record that First Wisconsin does not feel that any variance is necessary because He recalled Mr. Arthur L. Doten of the 1) Court decisions have indicated that mY 4 Y.6 7/19/76 use peimitted in the R-1 ResideRtial District is also permitted in the R-4 Multiple Residence District; limited to buildings with five or more dwelling units; and 3) The variance would relieve a hardship which is not self-imposed. Nr. Doten submitted that there is no need to "protect" adjacent properties because they are thoroughly protected by the nature of- the building. In response to questions from the Council, Nr. Doten said that the bank was misled. because the City pernlitted the construction of a permanent building an the site. Council meriibers suggested that First Wisconsin should have looked into all aspects of the property before making its investment. Mr. Luce clarified the wording on the Building Permit which .limit the length of time the building could stand and explained that Edina's Zoning Ordinance is exclusionary" in that it: does not permZt lesser uses in a particular zone. Ina response to a question of Counciiman Richards, Mr. Doten said that the value of the property is $7,000,000, but that no one knows the total cost of the project. Nr. Robert Hanson said that he is developing p-roperty to the West of Fountainwoods and that it is important to retain as much open space as possible. He suggested that Fountainwoods has as much zoning out of their property that any- one could reasonably expect. Following lengthy discussion, Councilman Courtney's notion was seconded by Councilman Richards that the matter be continued to August 16, 1976, to give Mr. Doten an opportunity to read Nr. Erickson's opinion of July 15, 1976, and so that Mr. Doten could submit the entire Fountainwoods Apart- ment file, including files on construction and acquisition, to Mr. Erickson. 2) The R-4 Multiple Residence District is not i It Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Abstaining: Shaw, who had earlier advised that he would not participate in the discussion and had not discussed the matter with other members of the Council, inasmuch as he had been a member of the Board of Appeals. ERICKSON ADDITION PRELININARY PLAT WITHDRAWN BY PROPONENT. that the developer of Erickson Addition had withdrawn his request for preliminary plat approval for property located South of W. 54th Street at Zenith Ave. formal act ion was t &en. Council was advised No DREIS ADDITION GRANTED PRELIMINARY PLAT APPROVAL, CONTINGENT UPON UTILITY HOOK-UP. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed 011 file. Southwest comer of View Lane and Vernon Ave., advising that the purpose of this plat is to subdivide an existing dwelling unit down the common wall ( as norm- ally accomplished by a lot division). No objections being hecrd, Councilwoman Schmidt offered the following resolution and moved its adoption, subject to the payment by the developer of one additional water hook-up and one additional. sewer Xr. Luce preserrted Dreis Addition, lccated generally at the hook-up : RESOLUTION APPROVING PRELIMINARY PLAT OF DREIS ADDITION 'BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Dreis Addition", presented for approval by Gilbert H. Feig, be and is hereby granted preliminary plat approval subject to installation of one additional water hook-up and one additional sewer hook-up. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Ways: None ' Resolution adopted. GORDON SCEUSTER REGISTERED ZAND SURVEY GRANTED PRELIMINARY PLAT APPROVAL. Affi- davits of Notice were presented by Clerk, approved as to form and ordered placed on file. by the City inasmuch as it is necessary before the City can file its deed for property required for storm sewers in the area. Nr. Luce said that the staff encourages approval of the Registered Land Survey for the following reasons: 1. 2. 3. Nr. Robert Clark, 7701 Glasgow Drive, was advised by Mr. Luce that this Registered Land Survey is identical to the Indian Meadows proposal and that this was the only way the City can file its deed for the land to be used for the storm sewer. Mr. Dunn clarified that this Registered Land Survey is just a matter of housekeeping and told Mr. Clark that he could get elevations of the property in the Engineering Department. Councilwoman Schmidt then offered the following resolutior, and moved Mr. Luce advised that this Registered Land Survey has been requested I The Registered Land Survey will not create buildable properties. The Registered Land Survey results in a benefit to the City for storm sewer purposes. The Registered Land Survey is in accord'with the future development plans for this property. . c 7/ 19/ 76 its adoption: KESOLUTION APPROVING GORDON SCHUSTER REGISTERED LAND SURVEY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain Registered Land Survey, presented for approval by Gordon L. Schuster and covering property located generally South of Dewey Hill Road, East of Hyde Park and West of Cahill Road, and presented at the Edina City Council Meeting of July 19, 1976, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Richards. RolXcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. KRAHL'S MOUNTAIN PRELIMINARY PLAT CONTINUED TO AUGUST 16, 1976. Mayor Van Valken- burg recalled that action had been taken on July 12, 1976, continuing the public hearing on preliminary plat of Krahl's Mountain to August 16, 1976, as requested by the developer. . w W DALSIN 1ST ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Luce presented Dalsin 1st Addition for final plat approval, subject to the resolution of Engineering Depart- ment questions on easements and on sewer and water availability. Councilwoman Schmidt then offered the following resolution and moved its adoption, with the understanding that the plat not be released until the Engineering questions were resolved: RESOLUTION APPROVING FINAL PLAT OF DALSIN 1ST ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Dalsin 1st Addition, platted by Bernard Dalsin and Mary Jane Dalsin, husband and wife, and presented for final approval at the Edina City Council Meeting of July 19, 1976, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. MINNESOTA HOUSING FINANCE AGENCY HOME IEPROVEMENT GRANT PROGRAM FUNDING APPLICATION APPROVED. Improvement Grant Program application for funding, which application requests $30,900 which would be used for outright grants to aid in the rehabilitation of homes built prior'to 1961. Mr. Luce explained that at least 50% of the funds must be used to aid the elderly,in their rehabilitation effort and that the recipients of the funds must have an earned income of $5,000 or less. that four or five persons in the Morningside area who are eligible for these grants have made themselves known to the City and that census information indi- cates thatthere are about fifteen homesteads eligible for the funding. to Mr. Richards' concern that everyone has an equal opportunity to apply for the grant, Mr. Luce said that the Council would be able to decide on how the funds would be distributed. anonymously on the census tract. lowing resolution and moved its adoption: Iir. Luce described the Minnesota Housing Finance Agency (XEIFA) Home He said In response Mr. Hyde clarified that those eligible are identified Councilman Courtney thereupon offered the fol- RESOLUTION WHEREAS, the Minnesota Housing Finance Agency has established a home improvement grant program and is requesting local communities to aid in implementing that program; and WHEREAS, a number of Edina residents have a need for these funds to aid in the rehabilitation of their homes; and WHEREAS, the City of Edina has the capability to administer such a funding program; NOW, THEREFOFS, BE IT RESOLVED by the Edina City Council that the Planning Dir- ector be authorized and ordered to submit the attached application for grant fund- ing for $30,900 to the Minnesota Housing Finance Agency. MotFon for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt; Shaw, Van Valkenburg LIQUOR STORE MARKETING RECOMMENDATIONS APPROVED. mendations for a liquor price policy under whiz the present. single bottle price would generally be maintained, a 10% discount would be established for mixed- case purchases, and emphasis be placed by various means on the 6% discount on three bottle purchases. display advertising and an increase. in in2store information on comparative prices, Mr. Hyde presented his recom- Mr' Hyde also recomiended a substantial decrease in paid l'Y'8 j 7/19/76, * and the use. of previously earmarked money for display advertising to prepare frequent general City News Letters which- will emphasize liquor store policies within limits of the State Liquor Control Coinmission approval. posed to continue the temporary 4% discount on one and. two bottle sales at the 50th Street store until 50th Street is re-opened. be submitted to the Liquor Control Commission. blr. W. D. Bynell, 4915 Maple Road, said that he had some ideas on the subject and would be glad to discuss them with 3ir. Hyde. Councilnian Courtney's motion to accept the Manager's recommendations was then seconded by Councilman Shaw. Nr. Hyde also pro- Copies of any news items will Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg .. Nays: None Motion carried. TEAMSTERS LOCAL 320 CONTRACT MEDIATIONS DISCUSSED. the City.has entered into mediaticn with business agents of Teamsters Local 320 on an arbitration award and that he will keep Council advised. Mr. Eyde advised Council that No action was taken. COUNfl ROO 18/VALLEY VIEW ROAD INTERCHANGE PUNS 'CONTINUED TO AUGUST 2, 1976. Mayor Van Valkenburg announced that the County Road 18/Valley View Interchange hear- ing would be continued to August 2, 1976. .. - TRAFFIC SAFETY COHMTTTEE MINUTES OF JULY 13,. 1976, APPROVED. Motion of Councilman Courtney was seconded by Councilman Richards, accepting the Traffic Safety Com- mittee Minutes of July 13, 1976, and approving the following action: 1. 2. Approval of STOP sign installation for McCauley Terrace at McCauley Trail; Approved submitting a resolution to the City of Ninneapoiis for NO PARKING ANY TIME zone extended 75 feet North along the East side of France Avenue at . W. 49% Street; Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: . None Notion carried. Councilman Courtney then offered the following resolution and moved its adoption: WHEREAS, there is considerable congestion at the intersection of France Avenue S. and W. 49% Street, due in part to left turn action onto W. 49% Street from France Avenue; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby request the ' City of Minneapolis to extend the NO PARKING ANY TSIIE zone 75 feet North along the - East side of Prance Avenue at IC. 49% Street to help clear the intersection when vehicles on France Ave. Ere making left-hand turns onto I?. 49% Street, after park- ing is removed from the Edina side-of France Avenue. Motion for adoption of the resolutfon was seconded by Councilman Richards; RESOLUTION I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None - -. Resolution adopted. 'PROCEDURES DISCUSSED FOR LAND USE QUESTIONS. Mayor Van Valkenburg called Council's attention to a letter from Nr. Erickson regarding procedures to be used by the Council in approving and denying rezonings, variances and other land ilse questions, in which $1~. Erickson had recommended following procedures which require the prepara- tion of findings, ccnclusions, and a decision. Mr. Erickson had indicated-that such findings must be made contemporaneously with the decision and cannot be made after- wards. the opportunity to digest and review the summary of facts, evidence and applicable law after they have been prepared (which will be after the public3 hearing.) Mr. Erickson acknowledged that this procedure will slow down the decision process but will also serve to improve that process. Mayor Van Valkenburg expressed concern about how Council could follow these procedures and still follow the Open Meeting Law. Following discussion of the procedures recommended by Mr. Erickson, it was generally decided to foilow these procedures for interim use only. EDINA WEST AT'HLETIC STORAGE BUILDING EASEbIENT ENCROACHMENT APPROVED IN CONCEPT. Council was advised that the School District has requested permission to construct a football athletic equipment storage building on a sanitary sewer easement. Erickson clarified that the building would not be constructed on the pipe itself and that the School District has agreed to sign an agreement whereby they will hold the City harmless from any costs incurred in connection with the pipe by virtue of the building and would release the City from any damage in connection with the build- ing. At the suggestion of Nayor Van Valkenburg, Nr. Ericlcson said that he would also include in the agreement the stipulation that the School District would also be responsibie for any additional cost of repairing the pipe because of the proxinirty of the building. with the preparation of the agreement was seconded by Councilwoman Schmidt. He pointed out that this procedure will require that the Council be given I Mr. Councilman Shaw's motion authorizing the City Attorney to proceed ' ' 7/19/76 Ayes: Courtney, Richards, Schmidt, Shaw, Van Valken'burg Nays: "None Motion carried. by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Nays: None Motion carried. Mr. W. D. Bynel'l, 4915 Maple Road, objected ent for the area. 139 I t, SOUTHDALE DANCE-A-THON APPROVED. Mr. Hyde advised Council of a request to holld a 23-hour dance-a-thon at Southdale Center €or the benefit of j6uscular dystrophy. It has been agreed that the dancers will be registered and that they will pay for their s.ecurity costs. Councilwoman Schmidt's motion authorizj-ng the dance-a-thon was seconded.by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. NODLAND BID BOND SUIT SETTLED. to enter into a contract for Sanitary Sewer Improvement No. SS-31.3 after it had been awarded the contract. Councilwoman Schmidt's motion authorizing the Manager to accept $5,000 settlement of the suit was seconded by Councilman Richards. Mr. Hyde recalled that Nodland Company had refused Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. WOODDALE NEIGHBORHOOD BULLETIN ON DUTCH ELM DISEASE COMMENDED. to the excellent report The Word had issued on Dutch Elm Disease. Courtney's motion commending the publishers for doing an excellent job was seconded by Councilwoman Schmidt. Plr. Hyde referred Councilman Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. METROPOLITAN SIGNIFICANCE DISCUSSED. Plr. Luce advised Council that he had attended a meeting on Metropolitan Signficance and how it would affect us, was clarified that if the City's plan is not accepted by 1980, the City must sub- mit a plan which conforms to their plans. . It No formal action was taken. BUDGET PREPARATION COMMENCED. now underway and referred to the fact that the Census Eureau now estimates the population €or the City of Edina at something over 48,000. Mr. Hyde advised Council that budget preparation is No action was taken. THE BROTBEI<S.RESTAURANT BEEP, LICENCE APPROVED. and Health Departments, Councilman Courtney's motion approving an On-sale Beer license for The Brothers Restaurant in Edina Five 0 Shopping Arcade was seconded As authorized by the Police Van Valkenburg that this license would.set a preced- STORM SEWER IMPROVEMENT NO. ST.S-95 ASSESSMENT CANCELLED FOR GRANDVIEW CEMETERY AS TO PAECELS 2200 AND 3800, PLAT 73730. Mr.Hyde recalled a letter from Mr. Ericlrson advising that the City will have to cancel the assessments for Grand- view Cemetery as to Parcels 2200 and 3800, Plat 73730. upon offered the following resolution and moved its adoption: BE IT RESOLVZD bj the Edina City Council that appropriate action be taken to cancel assessments for Storm Sewer Improvement No. ST.S-95 as to Parcels 2000 and 3800, Plat 73736, and that necessary steps be taken to advise the Hennepin County Finance Department. Councilwoman Schmidt there- RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. WILLIAM WARDWELL LENIS AND T. LEA TODD PAKKS NAMED. Board, Councilman Courtney offered the following resolutions and moved their adopt ion: WHEREAS, William Wardwell Lewis has been a member of the Village of Edina Planning Commission since 1952, presently serving as Chairman since 1968; and WHERZAS, William Wardwell Lewis also served as a member of the Park Board, having been elected to the Park Board on December 9, 1948 and having served until 1973; and WHEXEAS , William Wardwell Lewis was the liaison between the Planning Commission and the Park Board; and WHEREAS, GJilliam \Jardwell Lewis played an important role in the coordination of total City planning, including'its park and recreation system; and As recommended by the Park Xi?l s OLUT ION 3 WHEREAS, during-this period of time, the City of Edina developed its long range" park plan and bought and developed a park system that began with approximately 10 acres to over 1,000 acres; aizd WHEPZAS, Villiam \Jardwell Lewis was totally Involved in' making the City of Edina the well planned community that it is today, with excellent park and recreation facilities; NOW, THEREFORE, BE IT RESOLVED that .the Edina City Council does hereby name the park property iocated at the corner of Dewey Hill Road and Cahiil Road, and soon to be developed, to commemorate Hr. Lewis' long devoted and effective service to this municipalfty. WILLIAM IWlDIJELL LEWIS PARK 3XSOLUTION WHEREAS, T. Lea Todd was the President of the Edina Village Council from 1944to - 1945; and ??€iEREAS, T. Lea Todd was a member of the Planning Commission from 1943 to 1945 and from 1953 to 1968, serving as Chairman from 1956 to 1967; and WflERJX3. T. Lea Todd has been involved in many developments of the City of Edina, having played a major role in establishing the municipal liquor system; and WHEREAS, during Mr. Todd's participation in affairs of the Village from 1943 to 1967, the populatron of the Village grew from approximately 6,000 to approxi- mately 42,000; and TJHEREAS, during this time of growth, Edina became the fine community that it is today; and WHEREAS, T. Lea Todd is truly a great citizen in the City of Edina; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby name the park property located at Division Street and Rutledge Avenue to cornemorate Mr. Todd's long devoted and effective service to this municipality. Notion for adoption of the above resolutions was seconded by Councilman Shaw and unanimously carried. GRIMES PROPERTY RIGHT OF FIRST REFUSAL CLAUSE RELEASED. Mr. Hyde advised Council thzt Mrs. Walsh, present owner of the Grimes property, has sold the house and has requested the City to release the deed restriction on this property regarding the sixty day right of first refusal clause. the following resolution and moved its adoption: RESGLUTION- B2 IT RESOLVED that the Edina City Council does hereby release the deed restric- tion regarding the sixty day right of first refusal clause on the property des- cribed below, with the understanding that no change be made or release be given as to the heritage preservation easement in favor of the City: , T. LEA TODD PARK .* I Councilwoman Schmidt thereupon offered The Norhteasterly '35 feet of the Southwesterly 145 feet of Lot 15, Melvin Grimes Subdivision of Lots S, 9 and 10, Grimes Homestead," according to the plat thereof on file and of record in the office of the Register of Deeds in and €or Hsnnepin County, Minnesota; and BE IT FURTHER RESOLVED that the Mayor and Clerk are hereby authorized to execute a form of release of the right of first refusal. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Nresolution adopted. I ACQUISITION OF HOSEK PROPERTY DROPPED. indicated that they are not interested in selling their property at 5700 Dewey Hill Road to the City at this time for less than $62,000. No action was taken. Council was advised that the Hoseks have ACQUISITION OF MILLER PROPERTY CONTINUED TU AUGUST 2, 1976. Councilwoman Schmidt's motion was seconded by Councilman Shaw and carried, authorizing Elr. Dalen to con- tirxe negotiations for an option to purchase the Miller property 1ocated.at 4701 \?. 64th Street on the corner of Wsst.Shore Drive and 64th St., and to see if the acquisition of this property is' eligible for state funding under Lawcon. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None - Motion carried. 5014 HALIFAX AVENUE ZONING CHANGE REFERRED TO PLANNING DEPARTMENT. Olson said that she was representing Mr. Lawrence Olson, owner of the house at 5014 Halifax Avenue, and that he wants to rezone hi.s property. Mrs. 01.~011 was told to contact the Planning Department. 14s. Dorothy 7/ L9/ 76 COUNCIL/H.R.A. INFORMAL XJ3ETING will be held on Wednesday, July 21, 197ios at 5:OO p.m. in the Conference Room, . di 00 ib P3 w w REARING DATE SET FOR VARIOUS PUBLIC IMPIIOVElfENTS. Councilman Richards offered the following resolution and moved its adoption: As recommended by. Mr . Dunn, I JXESOLUTION PROVIDING FOR PUBLIC HEARINGS ON SANITARY SEWER IPIPROVEMENT NO. P-SS-333, WATERMAIN IMF'ROVEMENTS NOS. P-\JM-305, P-I6nl-306 , P-IdM-307, AND CURB AND GUTTER IMPROVEMZNT NO. P-B-87 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, August 16, 1976, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in 3. and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: ' said improvements. The Clerk is hereby authorized and directed to cause notice of the time, place ' B (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING SANITARY SEmR IMPROVEMENT NO. P-SS-333 WATERMAIN IMPROVEMENT NO. P-WM-305 IMPROVEMENT NO. P-WX-306 IMPROVEMENT NO. P-WM-307 CURB AND GUTTER IMPROVEMENT NO. P-B-87 EDINA CITY COUNCIL will meet at the Edina City Hall on Monday, August 16, 1976, at 7:OO p.m. , to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: 1. SANITARY SEWER The approxiwte A. IN.€'ROI%2lENT NO. P-SS-333 $14,034.14 * Marth Road from I?. 78th St. North 440' 2. WATEIBIAIH I A. IMF'RCVEMENT NO. P-WM-305 Marth Road from W. 78th St. North 445' $10,190.63 B. IMPROVEMENT KO. P-WM-306 $26,476.74 TH 100 East Frontage Road from W.'66th St. to Payton Court ' C. IMPROVEMENT NO. P-SJM-307 $21,757.21 TH 100 West Frontage Road from W. 66th St. and Josephine Ave. South 875' f - 3. CURB AND GUTTER A. If*ffROVEMENT NO. P-B-87 $ 7,997.37 TH 100 East and West Frontage Roads, property side, East from Hibiscus Ave. to W. 66th St., and West from W. 70th St. to W. 66th St. The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 1-A above (Improvement No. P-SS-333) and the proposed Watermain under 2-11 above (Improvement No. P-\W-305) includes Lots 1 and 2, Windsor Addition and Parcels 3700, 4210 and 4230, Section 8, Township 116, Range 21. The area proposed to be assessed for the cost of the proposed Watermain ufider 2-B above (Improvenent No. P-WM-306) includes Lots 1 and 2, Block 1, Mallard Manor Addition; Lot 1, Block 1, N. P. Benson Addition; Lot 4, Block 1, Loring Manor Addition; Tract A, Registered Land Survey No. 3; and Parcels 1710 and 1763, Section 30, Township 28, Range 24. The area proposed to be assessed for the cost of the proposed watermain under 2-C above (Improvement No. P-WM-307) includes Parcels 1000, 1500, 2000, 4500 and 5000, Section 4, Towiiship 116, Range 21. The area proposed to be assessed for the cost of the proposed Curb and Gutter under 3-A above (Improvement No. P-B-87) includes Lots 1 and 21, Block 2, Lake Edina Addition; Lots 1 and 20, Elock 3, Lake Edina Addition; Lots 1 and 8, Block 4, Lake Edina Addition; Lot 1, Block 5, Lake Edina Addition; Lot 1, Block 1, Lake Edina 2nd Addition; Lot,4, Block I, Gavin's 1st Addition; Lot 1, Block 1, Sclineider 2nd Addition; Lots 7, 8, 9, 10 and 11, Normanda1.e Terrace Addition; Lots 1 and 7, Block 1, Payton Court Addition; Lots 1 and 2, Block 1, Mallard Irlanor Addition; Lot 1, Block 1, N. P. Benson Addition; Lot 4, Block 1, Loring Manor Addition; Tract A, Registered Land Survey No, 3; Tract By Registered Land I 7/ 19/76 (S~rvey No. 1278; Parcels 1710, 1763 and 5615, Section 30, Township 28, Range 24; and Parcels 1000, 1500, 2000, 4500 and 5000, Section 4, Township 116, hnge 21. . Florence B. Hallberg City Clerk Motion €or adoption of the' resolution was seconded by Councilwornm Schnddt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Resolution adopted. CLAIMS PAID. payment of the following clatms as per Pre-List: General Fund, $38,026.29; Park, $1,752.58; Park Construction, $13,388.00; Swimming Fool, $1,902.23; Golf, $5,681.55; Arena, $7,208.31; Gun, $28.79; Water Works, $23,095.79; Sewer, $53,815.21; Liquor Fund, $134,756.42; Construction Fund, $159,151.56; I.B.R. Fund, $218.50; Total, $449,025.23. Motion of Councilman Courtney was seconded by CouacilmaD Shaw for I Ayes : Courtney, Richards , Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. Council's agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Slaw and carried. Adjournment at 9: 15 p.m. .I' City Clerk # ::