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HomeMy WebLinkAbout19760802_regular,MINUTES OF THE ~REGU&.R MEX?ING - OF THE EDINA CITY COUNCIL HELD AUGUST 2, 1976, 7:OO P.M. AT CITY HALL I 8 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg . ' . MINUTES of July 12 and 19, 1976, were approved as presented by motion of Council- man Courtney, seconded by Councilwoman Schmidt and carried. MRi AND MRS. PETER SANTRIZOS RECOGNIZED UPON RETIREMENT. Councilman Courtney offered the following resolution and moved its adoption: - RESOLUTION -W'J3EREAS, in 1941 Christine and Peter Santrizos opened the Convention Grill and Fountain at 3912 Sunnyside RQad in the Village of Mornihgside before its. annexa- tion by the City of Edina; and WHEREAS, during the thirty-five years in which they owned and operated the Conven- tion Grill and Fountain, Christine and Peter Santrizos have become an integral part of the community and have endeared themselves to many customers who have patronized the Convention Grill and Fountain for many years; and .WEREAS, Christine and Peter Santrizos retired from active business on July 31, 1976; NOT?, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its thanks to MR. AND MRS. PETER SANTRIZOS for their contribution to life in this community and does further express most sincere good wishes for every happiness in their retirement. Motion for adoption of the resolution was seconded by Councilman Shaw and unanim- ously carried. 'PEDESTRZAN SAFETY AWARD PRESENTED TO CITY. Relations & Traffic Safety of the Automobile Club of Minneapolis, an affiliate of the American Automobile Association, presented an inscribed award plaque to Captain Wrobleski in token of appreciation for the City's outstanding efforts in pedestrian safety. Mr. Paul G. Nelson, Director of Public COUNTY ROAD 18/VALLEY VIEW ROAD INTERCJlANGE DISCUSSED AND CONTINUED TO SEPTEMBER 13, 1976. Mr. Hyde recalled that notice of this hearing had been mailed to a number of residents in the general area and publicized in the Edina Sun, the Minneapolis Star and by radio, and advised that the hearing had been called because of a petition signed by some 300 residents which read as follows: "We, the under- signed, petition the Edina City Council to accept the report of the County Road 18-Valley View Road Task Force, released January, 1974, and the Edina City Staff Recobendations, 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 construction of the link between the interchange and Valley View. has let a contract for the project (which should be completed in the fall of 1977) with limited access, and eventually for' construction of the cul-de-sac, but not for the full access with the link. He said that the City has reserved right-of- way which would allow construction of the East-West link between the interchange and the intersection of Braemar Blvd. and Valley View Road. that the project was first brought up in 1963 when Hennepin County proposed a plan which included a full diamond interchange. have included: connections at both Valley View Road and McCauley Trail; 2) January 19, 1970 - Council approved the Western Edina Land Use Plan which called for a full diamond interchange at County Road 18 and Valley View Road; Council approved the Southwest Edina Plan which included a full diamond interchange; 4) January, 1973 - Hennepin County presented a layout requiring land acquisition from Braemar Park; the Park Board and to the Environmental Quality Commission which approved the interchange, provided there would be no connection to Valley View Road and no extension of McCauley Trail to the proposed interchange; 6) May 7, 1973 - Because some residents did not want a full interchange, a Citizens' Task Force was appointed, which was later supplemented by the services of a professional consult- ant; 7) February 4, 1974 - The Task Force recommended a partial access interchange and that a cul-de-sac be'constructed on Valley View Road just West of the hairpin curve. and the interchange would be reconsidered. recommendations of the Task Force, although the consultant's preferred alternative at that time was for a full access interchange; preliminary plans were presented and referred to the Task Force; Mi. Hyde recalled that Hennepin County Mr. Hyde recalled Subsequent actions of Council 1) May, 1969 - Council approval of a full diamond interchange with 3) June 21, 1971 - 5) March 12, 1973 - The Hennepin County layout was referred to After completion of that construction, the link between Valley View Road Council approved in principle the 8) May 6, 1974 - Hennepin County 9) August 5, .ZO$ - I . 3/2/76 I 1974 - Layout G (dated February February 25, 1974) awended by the NcCauley Trail revision and the bfkevay route, was conceptually approved by the Council; .. ~ 1O)December 2, 1974 - The City staff, aftsr considering all of the various problems in Western and Southwestern Edina, recommended that full access be implemented, or at least, the land for right-of-way be reserved if Council determines that full access is not needed now. At that meeting, primary attention was given to pro- blems in the Parkwood Knolls area and no official action was taken on County Rcad 18 staff recommendations; in connection with the intersection; 12) April 5, 1976 - Council approved the County Plans and Specifications with limited access and the cul-de-sac on Valley View Road IJest of the hzirpin curve. Mr. IIoffman showed slides which indicated the proposal to cut of€ Dewey Hill Road at Cahill Road and for a partial inter- change at Gleason Road or Marth Road onto T.H. 494 in order to keep industrial traffic out of neighborhood streets. Mr. Darrell Eoyd, 7204 Shannon Drive, said that the Task Force had not accepted the recommendations of the consultant because they feared that, particularly with the development proposed in Eden Prairie on the West side of County Road 18, eventually there would be a four lane road run- ning through residential streets in Edina between County Road 18 and Southdale. He said that he now recommends leaving Valley View Road open as it is now, with the option to add the link road if it appeared necessary at a later date. Bodine, 6525 Gleason Road, presented traffic counts taken on Gleason Road this year and expressed concern that if traffic is eliminated in Indian Foothills, it wilX generate an additioilal 1,000 to 1,500 trips per day on Gleason Road. Mr. Lawrence Youngblood, 7205 Lanham Lane, complained that it would be too costly to construct a link through the swampy area and was told by Mr. Hyde that construction of this road would be tied in withxunicipal State Aid. ."r. Richard Lidstone, 6800 Sally Lane, referred to a petition of August 5, 1974, which was signed by over 90 residents, which had requested the full access to the interchange. *MK. Robert Srockway, 6927 Valley View Road, suggested that the link road will become more important as time goes by and County Road 18 is completed. Naking general com- ments and asking questions were Hr. and Nrs. B, C. Oliver, 7013 Comanche Court, ?-hes.Ann.Overholt, 7 Overholt Pass, Rachel James, 6001 Dewey Hill Road, Carol Peder- son, 7029 Comanche Court, Nessrs. Robert Teece, 6705 Samuel Road, Vincent McCarthy, 6813 Dakota Trail, William Howard, 5808 Dewey Hill Road, Richard Flynn, 7141 Valley View Road, Frank Bonello, 7300 Lochmoor Drive, Charles Parten, 7149 Valley View Road, William Philipsen, 6713 Gleason Road, three unidentified residents living on Valley . Vfew Road, tm unidentified residents living on Gleason Road and a gentleman vho lives' at Schey Drive and Dewey Hill Road. Mr. Edward Norbut, 7312 Schey Drive asked that _- the record show his objection that additional traffic would cause an "erosion of privacy" and that he rejected building the link road at this time. lengthy discussion, Councilman Courtney moved that the matter be referred back to the staff for time schedules and for its recommendations based on recent develop- ments so that it can reEute or accept statements made tonight, investigate Ecrther the possibility of limited access to Interstate 494, reassimilate and obtain additional information on traffic counts, provide estimates of traffic and alter- natives if the cul-de-sac is not installed at this time, and that the hearing be con- tinued to September 13, 1976. .- 11) March 15, 1976 - Council discussed the bicycle path Mrs. Virghia - Following . Motion was seconded by Councilman 6haw; Rollcall : Ayes : Nays: None- Notion carried. Courtney, Richards, Schmidt, Shaw, Van Vallcenburg ORDIEANCE NO. 1212-A1 ADOPTED ON SECOND READING. Mr. Luce presented Ordinance No.- 1212-Al for Second Reading. No comments being heard, Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 1212-Al AN ORDIWNCE MENDING ORDINANCE NO. 1212 TO PROVIDE FOR THE RZMOVAL OF SNOW, ICE, AND RUBBISH FROM SIDElWLKS AND PARKING FACILITIES, WEED ELIMINATION PROH STREETS' AND PRIVATE PROPERTY, REMOVAL AND ELIMINATION OF PUBLIC HEALTH AXD SAFETY HAZARDS FROM PRIVATE PROPERTY, TRIIfING, CARE, AND REMOVAL OF TREES, REPAIR OF SIDEWALKS AND* ALLEYS, AND OPERA'I'ION, INCLUDING MAINTENANCE, OF A LIGHTING SYSTET? FOR STREETS , SIDEWALKS, AND PARKING FACILITIES, AND FOR THE COLLECTION OF THE COST OF SUCH WORK AS A SPECIAL ASSESSMENT AGAINST PROFERTY NITHIET THE 50TH & FRANCE COMMERCIAL AREA .IF NOT PAID BY THE OWNERS TH& CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : Section 1. "Sec. 4. Work Within - the 50th & France Commercial Area; Payment and Assessmsnt. Ordinance No. 1212 is hereby amended by adding a nerg Section 4, as 812476 "(a) Pursuant to Minnesota Statutes, Section 429.010, the Ciiy Manager, . from 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 hr ea : ., . - walks and parking facilities. private property. from private property. within public ways, boulevards, or sidewalks. - -* e -. "(1) Removal of snow, ice, and rubbish, including litter, from 'side- "(2) Elimination of weeds from any and a11 streets, sidewalks, and "(3) Removal or elimination of any public health or safety hazards b ..c "(4) "(5) Trimming and care of trees and the removal of unsound trees Repair of sidewalks and alleys. I "(6) Operation, including maintenance, of lighting systems for streets, sidewalks, and parking facilities. . (b) For purposes hereof, the 50th & France Commercial Ar.ea shall be the area within the City of Edina included within the plan prepared by the Housing and Redevelopment Authority of Edina, Minnesota, entitled '50th & France Com- mercial 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. 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 actually incurred or those to be incurred. "(d) All costs incurred or to be incurred for such work, or such portion thereof as the Council by resdution from time 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 50th & France Commercial Area, in proportion to the benefits conferred upon such lots or parcels. is made for a cost to be incurred and, based upon 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. 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. "(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 Commercial Area all costs of such work charged against such lots or parcels and unpaid as of September 10 of that year. The Council thereupon shall examine such assessment roll submitted by the City Clerk and, if satis- factory, shall call a public hearing and levy special assessments for such work Iin accordance with Minnesota Statutes,' Section 429.061. assessments shall 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." This ordinance shall be in full force and effect immediately upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. I1 "(c) The provisions of Sec. 1 and Sec. 2 of this Ordinance (except the first If any charge Any All such special Sec. 2. Rollcall: . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ORDINANCE NO. 811-A78 ADOPTED ON SECOND READING. Mr. Luce presented Ordinance No. 811-A78, rezoning Lunds' parking lot on the Southeast corner of W. 50th Street and Halifax Ave. fr0m.C-2 and C-4 Commercial Districts to Automobile Parking District in conformance with the HRA.area plans. Courtney offered the following ordinance for Second Reading and moved its adoption: No objections being heard, Councilman ORDINANCE NO. 811-A78 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE AUTOMOBILE PARKING DISTRICT THE CITY COUNCIL OF EDINA. MINNESOTA, ORDAINS: Section 1. "The extent of the Automobile Parking District is enlarged by the. addition That part of Lots 42 and 43, Auditor's Subdivision Number 172, Hennepin 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 Paragraph 1 of Section 6 of Ordinance No. 811 of the City is amended by adding the following thereto: of the following properties: 206 , 8/ 2 / 76 -e * f Sohth line of said 1,ot 43; a distance of 53.67 feet Westerly of the Southeast.'carner 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 Westerly along the same. line to an intersection with a line parallel with and 9.36 feet East of the Nest line of said Lot 42; thence Northerly along said parallel line to a point 150.83 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 North- erly 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." and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Sec. 2. This ordinance shall be in full force and.effect upon its passage Rollcall: Ayes : Courtney, Richards, Schmidt, Van Valkenburg Nays: None Abstaining: Shaw (Possible conflict -of interest) MNBOV EIANAGEEIENT DIVISION REQUEST FOR R-4 MULTIPLE RESIDENTIAL DISTRICT AT 51ST AXD FRANCE AVE. CONTINUED TO OCTOBER 4, 1976. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce pressnted the 4 petition of Rainbow Management Division to construct a 45 unit, 4 story apartment for the elderly on the Southwest corner of France Ave. at W. 51st Street. 14 in- qide and 5 outside parking stalls are planned, with the possibility of adding 10 additional surface stalls outside for visitor parking. Planning Commission had recommended approval of the proposal contingent on: 1) significant landscaping along the rear (westerly) property line; 2) construction of a bus shelter and bus pull-off lane on France Avenue; 3) approval by the Department of Housing and Urban Developmeat (HUD) for Section 8 funds, and 4) the relocation of a one bedroom unit adjacent to the lounge on the first floor so that that unit might eventually be converted into additional lounge space. Planning Commission approval was also contingent upon the addition of up to 10 surface stalls on the site. The Planner recommended approval for the following reasons: 1) The devel- opIrient will aid in Edina's achievement of its housing allocation requirement; 2) The prcposal achieves the elderly segment of Edina's Housing Assistance Plan; 3) Council's attention was called to numerous variances which must be granted if the proposal is to be approved which include a 44 enclosed parking space variance, a 29 exposed parking space variance, a 12 foot side street sideback variance, a . 5 foot interior side yard setback variance, 12% lot coverage variance, a 76,125 square foot lot area variance, a 201 square foot floor area variance for one-bed- room apartments, a 98 square foot floor area variance for two-bedroom apartments and a 16,540 square foot useable lot area variance. Councilman Shaw said that the Board of Appeals and Adjustmcnts had not rendered any opinion on the variances because he believed that the Council itself should determine whether or not they should be granted. other structures in the area which showed The Lanterns at 934 feet above sea level, the proposed building at 919 feet and an existing single family house at 916 feet above sea level. He said that the typical house on Gorgas Ave. was 908 feet above sea level. Mr. Luce clarified that Section 8 funds are a Federal Government Departinat; of Housing and Urban Development subsidy to elderly persons to reduce the rent cost for occupants of a particular building. Mr. Luce compared the pro- posal to the Yorktown Continental Apartments on 72nd and York live., advising that the Federal government has simplified its housing program so that they make a commitment to the landlord for partial payment of the rents on a particular unit. This commitment is now contingent upon approval of the development by the Depart- fient of Housing and Urban Development and is more direct than methods of previous funding. Note was made by Bfayor Van Valkenburg of letters of objection from Mrs. Alberta M. Whitman, A resident of The Lanterns, Mr. and Mrs. Rutherford Aris who are contemplating moving into The Lanterns, and a letter from The Lanterns Associ- ation which was accompanied by two additional letters, all of which objected to the construction of the proposed building. In reply to questions from the audience, Mr. Luce said that original plans for the site had called for construction of from 13 to 15 units which would be rented at "market rate". Mr. Henry Haverstock, Jr., an attorney representing homeowners in the area, emphasized that 5t is important to keep in mind that this hearing is a variance hearing as well as a rezoning hear- ing, and that the nmnerous reqGested variances far exceed ordinance requirements. He suggested that the rezoning is 3eicg considered only to accommodate one petition and that the City should try to attract another developer. The development is consistent with the 50th and France Development Plan. 3fx. Luce snowed a graphic comparing the proposed building with 8 . Mr. Haverstock said 8/2/76 that the buildlng is six stories hish from W. 51st Street and that it will under- mine values the proposal were an unidentified lady and Nessrs. Samuel McGovern, Wayne l!ofEman, that almost identical variances were granted for The Lanterns except for unit size and parking requirements. Council that Mr. Givens had objected to Ebenezer Society's request: to construct its. building near the Yorktown Continental Apartments. Gorgas Ave., spoke in behalf of a group of Gorgas Avenue residents who were also in attendance. Mr. Wynn contended that variances granted for The Lanterns should not set a precedent for other buildings in the area and that Gorgas Ave. residents had not been aware of the request.for the variances for The Lanterns. Falk, architect for Mr. Givens, said that the site under consideration is ideal for housing for the elderly and that it is hard to develop this type of housing for under 100 units and that is one of the reasons that they want to get as many units as possible on the site. He explained that the proposed development would only be feasible because the Givens will be managing this apartment in conjunc- tion with the Yorlctown Continental Apartments. Councilman Richards, Mr. Luce explained that the mill rate established for this proposal is lower than it would have been for a "market rate" apartment, but because this proposed building is more valuable, the net amount of taxes generated would be nearly identical to the amount of taxes generated from a market rate apartment. The objection was heard that lack of provision for any on street parking on either W. 51st Street or on France Avenue would cause a problem, along with the fact that additional business traffic caused by the 50th and France redevelopment would impose a severe hardship. Mr. H. C. Hoag, 5136 Gorgas Ave., spoke in favor of the proposal, saying that he considered it an ideal location for the elderly. mSS..Roxanne Givens and Mr. Archie Givens replied to questions from the audience as to rent subsidies and explained that they must comply with Federal guidelines. Councilman Courtney reminded the audience that the Metropolitan Council has told the City that it must have a certain number of low and moderate income housing units. Mr. C. B. Strand of The Lanterns said that he agrees with the social aspects of the proposal, but pointed out that traffic is already so bad that the Americana Bank already hires a police officer to control traffic on W. 51st St. Following lengthy discussion, Councilman Richards expressed his concern about permitting 45 units on the site and said that he believed that Council would receive other requests if these variances are granted. hearing be continued until October 4, 1976, so that the zoning ordinance can be reviewed to see if an ordinance amendment can be developed which would apply to this type of situation, so that a stuay can be made on parking needs. in developments for the elderly and so that the Givens can make further econ- omic studies to see if the density can be reduced. Motion was seconded by Councilman Courtney. of residential property in the area. Speaking also in opposition to ) William Phillips and Arthur B. Gecr, all of The Lanterns. Mr. Luce pointed out 1 A representative of the Ebenezer Society reminded ' Mr. 0we11 E. Wylln, 5104 Mr. Robert In response to a question of t- m W w He then moved that the I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. , ORDINANCE NO. 811-A79 GRANTED FIRST F3ADIbJG. by Clerk, approved as to form and ordered placed on file. Mr. Sad introduced Mr. Foster Dunwiddie who made a slide presentation showing the historical signi- ficance of the house at 4200 W. 44th Street, which was built by Jonathan Taylor Grimes in 1869. Mr. Sand presented letters from Mrs. Constance Adams, President of the Edina Historical Society, and from Mr. Russell 14. Fridley, State Historic Preservation Officer, expressing their approval of the proposed Heritage Pre- servation District zoning for the property in question. heard, Councilinan Courtney offered Ordinance No. 811-A79 for First Reading as follows : Affidavits of Notice were presented No objections being -. ORDINANCE NO. 811-A79 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE HISTORIC PEESERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 11 of Ordinance No. 811 of the City of Edina is hereby amended by adding the following thereto: "Sec. 9. Boundaries of Heritage Preservation District. The boundaries of the Heritage Preservation District shall include the following described property: The Northeasterly 95 feet of the Southwesterly 145 feet of Lot 15, 'Melvin Grimes Subdivision of Lots 8, 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 for Hennepin County, Minnesota;" and other lands which are hereafter added to this paragraph by amendments to this ordinance. and publication. I ' Sec. 2. This ordinance shall be in full force and effect upon its passage "-3 0 P 8/2/76 OP?INAHCR NO. 811-A80 GRANTED FIRST READING. Affidavits oE Notice were presented by Clerk, approved as to form and ordered placed on file. the petition of Plr. Robert E. Ilauson for PRD-3 Multiple Residenke District zoning for property generally located at the Northeast corner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. Nr. Luce clarified that there are two properties in question; the East property is located between the Crosstown Highway znd Vernon Avenue and the West property is located North of Vernon Avenue along Lincoln Drive. He esplained that the East parcel would be allowed 8.55 units per acre (84 units) and the Nest parcel would be allowed 6.6 units per acre (40 units) for a total of 124 units. that the proponent is requesting to subdivide and rezone the property for only 94 townhouse type units (5.7 units per acre), which will be sold as condominiums and will be one story in height with a two-car garage. Council was further advised that the Planning Commission had recommended approval of the rezoning and of the preliminary plat, subject to receipt of parkland dedication and to modification of development on the East side so that the long row of buildings would be con- structed on a curve, raeher than on a straight road. Mrs. Alison Fuhr, 6609 Brittany Road, and Mr. Leo Levy of the Ediua West complex were told that the Department of Natural Resources is sending a letter to the City stating that this property does not contain public waters and, therefore, is not subject to the 1970 Environmental Rights Act. would not act on final development plans until they have been approved by the Department of Natural Resources. if the swap is man-made or a natural resource. Mr. Richard Seaberg, 6108 Arctic Way, said that he was speaking for the Arctic Way Homeowners Association and was told that the buildings would be constructed of brick with wood shake cedar roofs and would be between 1,400 and 1,500 square feet. of the buildingshavenot yet been determined and that no traffic studies have been made for the area. Xr; William Dolan, representing Dolan, Bannister & Associates, consulting engineers and planners , said that aerial photographs clearly show that most of the wetlands on the site were taken for highway construction. the topography of the area and suggested that a stom sewer would help the wet basements in the Edina West complex. man Courtney offered Ordinance No. 811-A80 for First Reading as follows: Mr. Luce presented llr. Luce added Mr. Luce clarified that the Planning Commission He added that it would have to be determined Mr. Hanson added that the prices Hc described No further objections being heard, Council- ORDINANCE NO. 811-A80 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Planned Residential District (Sub-District PRD-3) is' Paragraph 4 of Section 5 of Ordinance Eo. 811 of the City is hereby amended By adding the following thereto: enlarged by the addition of the following property: - That part of the Southwest Quarter of Section 31, Township 116, Range 21, described as commencing at the Southwest corner of said Section 31; thence Noreh along the West line thereof 529.68 feet; thence %ast to a point 528.12 feet North of the South line of said Section 31 as neasured along a line drawn parallel to and 824.94 feet East of the West line thereof, said point being the point of beginning of the land to be described; thence East to a point 543.07 feet North of the South line of said Section 31 as neasured along a line drawn parallel to and 990 feet Vest of the East line of said Southwest Quarter; thence South along the last mentioned parallel line 543.07 feet to the South line of said South- . west Quarter; thence FJest along said South line to its intersection with a line drawn parallel with the West line of said Southwest Quarter from the point of beginning; thence North along the last mentioned parallel line to the point of beginning, the boundaries of the preinises are marked by Judicial Landmarks set pursuant to Torren Case N. 14890, according to the Government Survey thereof; and That part of the South 577 feet of the West 180 feet of the East 60 rods of the Southeast: Quarter (S&) of the Southwest Quarter (SI$$ of Section 31, Township 117, Range 21, lying North of state highway, Hennepin County, Minnesota; and Begiming at the Southwest corner of the Southeast Quarter of the- Southeast Quarter of the Southwest Quarter of Section 31, Tomship 117, Range 21; thence East along the South line of said quarter a distance of 30 Eeet; thence North parallel with the Nest line of said Southeast Quarter of the Southeast: Quarter of the Southwest Quarter to the Southerly line of Hinnesota Highway No. 169; thence Southwest- erly along said right-of-way line to 2 point distant 297 feet North of the South line of said section; thence East to the West line of said Southeast Quarter oE the Southeast Quarter of the Southwest Quarter; thence South along said IJcst: line to the point of beginning; That part of the South 18 rods of the West 20 rods of the East 60 . 8/2/76 /’ rods of the Southwest Quarter of Section 31, Township 117, Range 21. described as follows: commencing at a point in the South line of said Section 31, distant 204.65 feet East of its intersection with the Southeasterly right of way line of State Highway No. 169; thence North 2 degrees 59 minutes West a distance of 85 feet; thence North 41 degrees 40 minutes West a distance of 134.65 feet more or less to the Southeasterly right-of-way line of said Highway No. 169; thence - Northeasterly along said Southeasterly right-of-way line to the North line of said South 18 rods of said Section; thence East to the North- - east corner of said South 18 rods of the West 20 rods of the East 60 rods of said Southwest Quarter; thence South to the South line of said Section 31; thence West 97.35 feet more or less to the point of beginning. The South 18 rods of the West 20 rods of the East 60 rods, excepting highway, of the Southwest Quarter of Section 31, Township 117, Range 21 containing two (2) acres more or less, except that part lying Northwesterly of State Highway No. 169-212, except that part of the South 18 rods of the West 20 rods of the East 60 rods of the Southwest Quartikr of Section 31, Township 117, Range 21, described as follows: Commencing at a point in the South line of said Section 31 distance 204.65 feet East of its intersection with the Southeasterly right-of- way line of State Highway No. 169; thence North 2 degrees 59 minutes West a distance of 85 feet; thence North 41 degrees 40 minutes West a distance of 134.65 feet more or less to the Southeasterly.right-of- way line of said State Highway No. 169; thence Northeasterly along said Southeasterly right-of-way line to the North line of said South 18 rods of said Section; thence East to the Northeast corner of said South 18 rods of the West 20 rods of the East 60 rods of said South- west Quarter; thence South to the South line of said Section 31; thence West 97.35 feet more or less to the point of beginning. Subject to and together with an easement for roadway purposes over, across and upon a strip of land 20 feet in width, the center line of which 20-foot strip is described as follows: in the South line of Section 31, Township 117, Range 21 distant 204.65 feet East from its intersection with the Southeasterly right- of-way line of State Highway No. 169; thence North 2 degrees 59 minutes West a distance of 85 feet; thence North 41 degrees 40 minutes West a distance of 134.65 feet more or less to the Southeasterly line of said State Highway No. 169 and there terminating. Also described as: Parcel No. 2230 (6713 Highway No. 169), Parcel No. 2240 (6717 Highway No. 169) and Parcel No. 1050, Plat No. 73731; and Lot 4 in Auditor’s Subdivision Number 196, Hennepin County, Minnesota, except the East 16.5 feet from the .most Easterly boundary of said Lot 4, measured at right angles to the said Easterly boundary, and except the North 16.5 feet of said Lot 4, measured at right angles to the North line of said Lot 4, and except that part of said Lot 4 which lies Southwesterly of the following described Line 1 and Northeasterly, Northerly and Northwesterly of a line parallel with and 40.0 feet Line 2 and measured at right angles thereto: Line 1: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21; thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1807.59; thence North 78 degrees 48 minutes 33 seconds West a distance of 1070.37 feet; thence North 81 degrees 13 minutes 33 seconds West a distance of 3402.95 feet to a point hereby designated as Point A; thence North 08 degrees 46 minutes 27. seconds East a distance of 240.0 feet to the the accual point of beginning of Line I; thence South 81 degrees 13 minutes 33 seconds East a distance of 600 feet and thereterminating. Line 2: Beginning at the aforedesignated Point A; thence South $31 degrees 13 minutes 33 seconds East a distanc’e of 552.95 feet; thence South 08 degrees 46 minutes 27 seconds West a distance of 135.0 feet to the actual point of beginning of Line 2; thence North 81 degrees 13 minutes 33 seconds West a distance of 223.93 feet; thence along a 10 degree curve to the left (Delta Angle 60 degrees 03 minutes 23 seconds; tangent distance 331.17 feet) at a distance of 600.56 feet and there terminating, according to the plat thereof ‘on file or of record in the Office of the Register of Deeds#in and for said county. The boundaries of the premises are marked by judicial landmarks numbered 1 through 7 except pursuant to Torren Case No. 12605 as shown on plat of the survey on h - Beginning at a point I ’ Southwesterly, Southerly and Southeasterly of the following described .‘file in Torren Case No. 12605; and 8/2/ 7s That part of the NE% of the NKk of Section 6, Township 117, Range 21 described as follows: Beginning at the Northwest corner of said NE$ of the NWk; thence South along the West line of said EEg of the NW% a distance of 709.1 feet more or less to a point which is distant 814.5 feet North of the STJ corner of said NE% of the NW%; thence Easterly on a deflection angle to the left of 87 degrees 40 minutes a distance of 676.3 feet; thence running North parallel with the West line of the NE% of the hi& a distance of 674.9 feet more or less to the North line of said Section 6; thence West along said North line a distance of 678.6 feet more or less to the beginning, which lies Northeasterly of the Northerly line of the County Road. 8 . Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. S-FibOW HILL GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the plat of Shadow Hill for preliminary approval as recommended by the Planning Com- mission, subject to a cash dedication of $17,500 in lieu of parkland. Mr. Dunn confirmed that the City does have easements across the east 10 feet of the entire Edina Nest plat. the following resolution and moved its adoption: SHADOW HILL BE IT RESOLVED by the City Council of the City of E'dina, Minnesota, that that certain plat entitled "Shadow Hill", platted by Robert E. Hanson and presented at the Edina City Council Meeting of August 2, 1976, be and is hereby granted pre- liminary approval. Motion for adoption of the resolution was seconded by Councilman Richards. No further discussion being heard, Councilman Courtney offered RESOLUTION APPROVING PRELININARY PLAT OF Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards , Schmidt , Shaw, Van Valkenburg MC C4ULEP HEIGHTS 6TH ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Xr. Luce presented 3kCaule-J .Heights 6th Addition for prelimina-y approval as recommended by the Planning Conmission, clarifying that this plat is located West of McCauley Trail, South of McCauley Lane and North of Margaret's Lane. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELININARY PLAT OF PfC CA'JLEY HEIGHTS 6TH ADDITION BE IT RESOLVED by the City Council of the City of Edina, Elinnesota, that that certain plat entitled "?9cCauley Heights 6th Addition, platted by Betty Jane McCauley and presented at the Edina City Council Meeting of August 2, 1976, be and is.hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes : Courtney , Richards , Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. DEER RUN GRANTED PIlELIMINARY PLAT APPROVAL. Affidavits of by Clerk, approved as to form and ordered placed on file. Notice were presented Mr. Luce presented __ Deer Run for preliminary approval as recommended by the Planning Commission, clarifying that this four lot subdivision is located at Olinger Road and Olinger Blvd. directly North of Bredesen Park. He advised that the developer has agreed to minimize encroachmmt into the wetland, to use the wetland properly as a storm water retention area and protect the natural.character of the wetland as requested by the Planning Commission, and explained that approval would be conditioned upon approval by the Nine Mile Creek Watershed District and by the Department of Natural Xesources, if required. No objections being heard, Councilmzn Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING PRELIMINARY PLAT OF DEER RUN BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain plat entitled *'Deer Run", platted by Michael L; Kirlcpatrick, and pre- sented at the Edina City Council Meeting of August 2, 1976, be and is hereby granted preliminary approval, subject to conditions imposed by the PI-anning Cow mLssion and approval by the Nine Mile Creek I?atershcd District and the Depart- meat of Narural Resources, if required. Notion fur adoption of the xesclution was seconded by Councilwoman Schmidt. 8/2/76 Ro 1 lc a11 : Ayes : Courtney , Kichards , Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted . MILLER PROPERTY OPTION APPROVED. Mr. Erickson advised Council that Mrs . Miller had signed the option for sale of her property to the City, which property is located at 4701 'w. 64th Street on the corner of West Shore Drive and IJ. 64th Street. He explained that the option had been revised to provide that the gift deed be delivered on the date of closing and added that the option had not yet been signed Mr. Erickson referred also to a problem caused by the fact that one of t1ie:requirements of Lawcon is that the down payment on the option must not exceed 10% and that Mrs. Miller would not take an option for any less. Mr. and Mrs. Hartwell, 6432 West Shore Drive, expressed concern about the impact of an art center on the immediate neighborhood. Mr. Hyde explained that neighbors had not been contacted because the City has not as yet acquired the property. Mr. Hartwell was told to contact the Planning Department for information on the bicycle trail plan for the area. tion and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby approve the gift agreement and the option to purchase the Miller property located at 4701 W. 64th Street and does hereby authorize and direct the Mayor and City Manager to execute said docu- ments. Motion for adoption of the resolution was seconded by Councilman Shaw. . * by the heirs. I Councilman Courtney then offered the following resolu- RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Resolution adopted . LOT 1, BLOCK 1, GLEASON 3RD ADDITION FLOOD PLAIN PERMIT APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce advised Council that Mr. Jeffrey Gustafson had applied for a Flood Plain Permit so that he can construct a two-family residence on Lot 1, Block 1,' Gleason 3rd addition, which property is located North of Vernon Avenue just West of Nine Mile Creek. Mrs. Helen McClelland was told that the Nine Mile Creek Watershed District had already granted its approval. offered the following resolution and moved its adoption: Councilwoman Schmidt then RESOLUTION GRANTING FLOOD PLAIN PERMIT FOR LOT 1, BLOCK 1, GLEASON 3RD ADDITION BE IT RESOLVED that the Edina City Council does hereby grant a Flood Plain Permit for construction of a two-family residence on Lot 1, Block 1, Gleason 3rd Addi- tion, subject to the following contingencies : 1. The proposed deck on the structure would be built to allow passage of flood waters and would not cause an obstruction to flow; 2. The bottom floor elevation of the structure must be 866 feet above sea level; 3. Adequate soil erosion control measures must be taken during construction. Motion for adoption of the resolution was seconded by Councilman Richards.' Ro 11 call : Ayes: Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Resolution adopted. RADIO SERVICE CONTRACT LET. Mr. Hyde presented tabulation of three bids for radio service. Tabulation showed General Communications, Inc., low bidder at $172.00 per month, Air Comm at $213.90 per month and Donner Communications, Inc., high bidder at $258.00 per month. Councilman Shaw's motion awarding the contract to recommended low bidder, General Communications, Inc., was seconded by Council- woman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot,ion carried. 6630 NORMANDALE ROAD SANITARY SEWER AND WATERMAIN PETITIONS ACCEPTED. Motion of Councilman Courtney was seconded by Councilman Shaw, referring the petition of Mr. Barry M. Willmert for Sanitary Sewer and Watermain installation to serve Parcels 4510 and 1510, Plat 73604 (6630 Normandale Road) to the Engineering Depart- ' ment . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. 8/2/76 LOTS 19 AND 20, BLOCK I, SOUTH _I 'rlARRIET PARK 2ND ADDI'I'ION LOT DIVISIONS APPROVED. Nr. Luce presented the petition of Edina Etaptist Church for the division of Lots 19 and 20, Block 1, South Harfiet Park 2nd Addition, so that their parkfng lot aay be enlarged. followbg resolutions and moved their adoption: RESOLUTION WHERFAS, Lot 19, Block 1, South Harriet Park 2nd Addition is at present a single tract of land; and T.MEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") descri3ed as follows : The Easterly 45 feet of Lot 19, Block i, South Harriet Park 2nd Addition; and That part of Lot 19, Block 1, South Harriet Park 2nd Addition, except the Easterly 45 feet thereof; and . . No objections being heard, Councilwoman Schmidt ofEered the I TJHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separ- ate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further sub- division be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. RESOLUTION . WHEREAS, tract of land; and TIHEREAS, the owner has requested the Subdivision of said tract into separate parcels (herein called "Parcels) described as follows : Lot 20, Block 1, South Harriet Park 2nd Addition is at present a single The Easterly 45 feet of Lot 20, Block 1, South Harriet Park 2nd Addition; and That part of Lot 20, Block I, South Harriet Park 2nd Addition, except the Easterly 45 feet thereof; and I ITHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOT?, THEREFORE, it is hereby resolved 3y the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisioils of Or'dinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provisiop that no further subdivision be made of said inent ordinances of the City of Edina or with the prior approval. of this Council as may 3e provided for by those ordinances. , Motion for adoption of the two above resolutions was seconded by Councilman Rich- ards. Parcels unless made in compliance with the pert- Rollcall: Ayes: Courtney, Xichards, Schvidt, Shaw, Van Valkenburg Nays: None Resolutions adopted. HEARING DATE SET FOR VARIOUS PLATS. Motion of Councilwoman Schmidt was seconded by Councilman Richards setting August 16, 1976, as hearing date for the following preliminary plats: Wright's Addition, Braemarts Homestead Addition, Robert Hid- dlemist 2nd Addition and Hyde Park 2nd Addition. Ayes: Courtney, Richards, Schmidt, ShaK, Van Vaikenburg Nays: None Motion carried. LOTS 8, 9 AND 10, ELOCK 1, MINIKAHDA VISTA 3RD ADDLTIOW DIVISION 1-1WING DATE SET for August 16, 1976, by motion of Councilwoman Schmidt, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Not ion carried. ASSOCIATIOX OF METRGPOLl'TAN NUNICIPALITIES EXECUTIVE DIRECTOR'S ANNUAL REPORT was presented and ordered placed on file. No formal action was taken. 8/2/76 2 f 3. PETROPOLITAN COUNCIL HOUSING POLICY PLAN OPPOSED. Mr. Luce presented the €lousing .Policy Plan of the Metropolitan Council, advising that Edina and some other suburban communities have been concerned about Section No. 3 which includes the Allocation Plan. Mr. Luce explained that Mr. Wayne Cox, former member of the Metropolitan Council Housing staff, has been retained by Hennepin County to prepare an alternative plan which includes credits for rehabilitation and wliich places a ceiling on the number of units which each community must provide, based on the capability of the community to develop. Councilman Courtney then offered the following resolution and moved its adoption: RESOLUTION - BE IT RESOLVED that the Mayor and City Planner are hereby authorized to attend the meeting of the Human Relations Committee of the Metropolitan Council to be held on August 16, 1976, and to express the opposition of the City of Edina to the Metropolitan Council's Housing Policy Plan and to endorse the alternative, or a similar alternative plan as prepared by Mr. Wayne Cox. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Shaw, Schmidt, Van Valkenburg Nays: None Resolution adopted. DOUGLAS R. SCHMITT SUIT NOTED. Council was advised of a Summons and. Complaint which was served on the Clerk relative to an accident of Douglas R. Schmitt TF which occurred on September 10, 1975. The matter has been referred to the attorney 36 and to the insurance company. No action was taken. LL m' tzl .. 4 WATEWIN IMPROVEMENT NO. TJM-127 CONNECTION APPROVED. As requested by the pro- perty owner, Mr. Earl C. Tripp, Councilman Shaw offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council authorize the assessment of a connection charge in the amount oE $798.00 to be assessed against Lot 16, Valley View Heights Addition (6209 Tracy Ave.) for Watermain Improvement No. 127, said connection charge to start in 1977 and run through 1982. Motion for adoption of the resolution was seconded by Councilwoman Schmidt.. .: RESOLUTION Rollcall : Ayes : Nays: None Resolution adopted. Courtney , Richards , Schmidt , Shaw, Van Valkenburg . NORTHERN STATES POWER COIIPANY ELECTRIC RATE INCREASE APPLICATION HEARIBG DATE SET. Council was advised of a public hearing on the application of Northern States Power Company for electric rate increases, which hearing will be conducted on August 10, 1976, at 9:30 a.m. Mr. Dalen advised that the Suburban Rate Authority will intervene. MINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANTS DISCUSSED. Mr. Luce recalled that during July the City made application to the State of Minnesota for $30,900 to be used to assist people with less than $5,000 income in rehabilitat- tng their homes. funds for home improvements (particularly-for the elderly) in the following'order was seconded by Councilwoman Schmidt-: plumbing;) 2) Energy efficiency improvements (heating/ventilation systems, insula- tion, storm doors and window;); 3) Exterior and interior finishing, structural additions and alterations, landscaping, fences and other exterior improvements. Councilman Richards' motion approving the concept of distributing 1) Structural deficiencies (roofing , wiring, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ._- ~ 'ORDINANCE NO. 1232 CONTINUED. motion continuing Ordinance No. 1232 for further study was seconded by Council- man Courtney . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. As recommended by Mr. Hyde, Councilman Shawls ORDINANCE NO. 451-A4 GRANTED FIRST READING. 451 for First Reading. ordinance for First Reading: Mr. Luce presented Ordinance No. Councilman Courtney thereupon offered the following ORDINANCE NO. 451-A4 AN ORDINANCE AMENDING ORDINANCE NO. 451 TO ESTABLISH SIZE LIMITATIONS FOR TEMPORARY POLITICAL SIGNS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. read as follows: Sec. 3, Paragraph (i) of Ordinance No. 451 is hereby amended to I' (i) Carnpaigri signs by a person or posted by a hoiia fide cntid$datc for political office or group proinoting a political issue or a political candidate may be placed on ptivate property in any district provided only one such sign per street frontage per candidate is posted. The maximum area for political signs is 6 square feet, except temporary nonaccessory freestanding signs herein permitted in Section 4. Cam- paign signs may be posted for a period not to exceed 60 days prior to the election and shall be removed within 7 days Eollowhg the date of the election. " Sec. 2. and publication. BEER PARTIES'AT BRfIENAR PARK TO BE CHECKED. Councilman Courtney advised that he had learned that beer parties are being held at Braemar Park on Saturday nights and referred to an accident which had talcen place last Saturday. Nr. Hyde said that he would have the Police Departmexxt check into the- matter. This ordinance shall be Ln full force and effect upon its passage FIRE DEPARTXENT AERIAL LADDER TRUCK REPAIRS AUTHORIZED. Note was made of neces- sary repairs to the Fire Department aerial ladder truck which will cost approxi- mately $2,925, $1,400 of which is for repairs to the ladder which should have. been structurally sound. Councilman Courtney's motion to proceed with necessary repairs and to negotiate on the cost of the ladder repair after the work is done was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shzw, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. for payment of the following claim as per pre-list: Park Fund, $10,675.68; Park Construction, $243.50; ?ark Sinking, $4,912.50; Swimming, $4,771.57; Golf, $4,391.71; Arena, $43,052.55; Gun, $10.06; TJater, $14,104.73; Sewer, $807.98; Liquor, $105,698.40; Construction, $529.71; I.B.R., $3,497.70; Total, $437,314.87. Motion of Councilman Richards vas seconded by Councilnan Courtney General Fund, $244,618.78; No further business appearing, the Nayor declared the meeting adjourned at 11:50 p.m. $L 3- fLb City Clerk -.