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HomeMy WebLinkAbout19761004_regularii MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL, OCTOBER 4, 1976, 7:OO P.M. Answering rollcall were members Courtney, Richards, Shaw and Mayor Van Valkenburg. MINUTES of the meeting of September 13, 1976, were approved as corrected with respect to the Fountainwoods Apartments appeal of the Board of Appeals and Adjust- ments decision. Councilman Richards motion should have been recorded that "the Council direct the City Attorney to prepare a written set of proposed findings, . conclusions and decision for review and final action by the Council at the Council Meeting of October 4, 1976, with the understanding that the Council has not yet decided the issue. Councilman Richards' motion for approval as corrected by Mayor Van Vallcenburg was seconded by Councilman Courtney and carried. Minutes of special meetings of September 8, 14, 15, 21 and 27, 1976, were approved as submitted by motion of Councilman Richards, seconded by Councilman Courtney and carried. .. . ., . . *. I HOWARD W. MERRIMAN HONORED UPON RETIREMENT. lowing resolution and moved its adoption: Councilman Courtney offered the fol- - RESOLUTION- OF APPRECIATION WHEREAS, Howard W. Merriman has resigned as Director of Athletics for the Edina Public School System; and WHEREAS, Howard W. Merriman has served the Edina Public School System since 1944, starting as a teacher and being promoted to the position of Athletic Director in 1953; and ' WHEREAS; Howard W. Merriman served the City of Edina as its part-time Director of Recreation from 1947 to 1955, during which time he organized and developed an extensive youth program of swimming, baseball and youth hockey; and WHEREAS, Mr. Merriman pursuaded the then Morningside Village Council to develop Weber Field which was the first formal baseball field in Edina; and WHEREAS, over these many years, Howard W. Merriman has been instrumental in the development of many young people,in the City of Edina; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does express, on behalf of the citizenry of Edina, its sincere thanks and appreciation to . HOWARD W. MERRIMAN for a job well done; and BE IT FURTHER RESOLVED that the City Council extend to Howard W. Merriman a perm- anent pass for all Edina High School hockey games played at Braemar Arena; and BE IT RESOLVED FURTHER that a copy of this.resolution be spread upon the pages of the Minutes Book of the City of Edina and that a suitable copy be presented to him upon his retirement. Notion for adoption of the resolution was seconded by Councilman Richards and unanimously carried. i THOMAS TICHAWA CONGRATULATED. Police Officer David Bzzsh presented a Certificate of Merit in behalf sf the Edina Independent Police Association to Thomas Tichawa for his prompt actions when he saw furniture being removed from The Lanterns. Mr. Sam McGowan presented a check to Thomas on behalf of residents of The Lanterns to show their appreciation for his alertness. the following resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS WHEREAS, on September 16, 1976, while delivering his morning paper route, Thomas Tichawa observed three males removing furniture from the lobby of The Lanterns Apartments into a van; and WHEREAS, Thomas became suspicious of such activity inasmuch as he was familiar with the furnishings in the lobby of The Lanterns; and WHEREAS, Thomas Tichawa promptly reported his suspicions to the Edina Police Depart- ment, giving them the license number and the description of the van; and WHEREAS, because of the alertness and the accuracy of the information which Thomas Tichawa furnished to the Edina Police Department, the vehicle was located in St. Paul, a suspect arrested, and all property recovered within twenty-four hours; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its congratulations and sincere apprecTation to for his astute observation and does express the thanks of the community as a whole for his efforts toward the solving of this crime. Motion for adoption of the resolution was seconded by Councilman Courtney and unantmously carried. .Councilman Shaw thereupon offered THOMAS TICHAWA "FIRE SENSE FOR APARTMENT DWELLERS" PRESENTED BY DIRECTOR OF PUBLIC SAFETY. ector of Public Safety, Robert Buresh introduced Mr. Robert Peterson of Northwestern Dir- ,;264 I 10/4/76 Bell Telephone Company, and presented slides which were effort of the Northwestern Bell Community Service Team, &I -. * developed as a Joint the City of New Hope and * the City of Edina. dents in the metropolitan area in an effort to educate the public on what actcons to take in case of a fire emergency. Plans are being made to show these slides to apartment resiL RAINBOW MANAGEMENT DIVISION REQUEST FOR R-4 ENLTIPLE RESIDENTIAL DISTRICT ZONING REFERRED BACK TO PLANNING CONMISSION. Clerk, approved as to form and ordered placed on file. Nr. Luce recalled that the request of Rainbow Management Divison for rezoning property on the Southwest corner of France Avenue at W. 51st Street from R-1 Residential District to R-4 Multiple Residential District had been continued from August 2, 1976, so-tEiSt the.. ' Affidavits of Notice were presented by the I Planning Commission could consider an ordinance which would establish a Senior Cit'izen Residential District. area which indicated that the-proposed 46 unit, four story structure, because of its lower grade, would be no higher than The Lanterns Apartments located just West of the proposed site of the building. Mr. Luce also drew comparisons between the proposed structure and other buildings'inthe City which are occupied by senior citizens. reasons: tion requirement; 2) The proposal achieves the elderly segment of Edina's Hous- ing Assistance Plan; and 3) The development is consistent with the 50th and France Redevelopment Plan. Mr. Luce advised that, while the Planning Commission had recommended in favor of the proposed development, it .had not yet made a decision on the proposed Senior Citizen Residential District Ordinance, In response to a question of the Mayor, Mr. Luce advised that the following variances would be necessary under existing ordinance requirements : a 44 enclosed parking space vari- ance, a 5 foot interior side yard variance, a 2% lot coverage variance, a 76,000 square lot area variance, a 201 square foot area variance for one bedroom apart- ments and a 16,540 usable lot area variance. Mr. Luce added that some of these variances have been reduced since the original proposal. a graphic which compared requirements of other municipalities with the existing Edina ordinance and with the proposed Senior Citizen Residential District ord- inance. Mr. Henry Haverstock, attorney for residents on Gorgas Avenue and for residents of The Lanterns, recalled that he had suggested that the proposed zon- ing be dismissed while the subject of a special senior citizen ordinance is being considered. He submitted that "good ordinances are not dram und.er shot gun cir- cumstances", and suggested that the proposed ordinance has been developed to fit the Rainbow requirements. that the original Rainbow proposal is only one square foot less per dwelling unit than the newly proposed ordinance. showed that Edina has the highest square foot limitation for apartment size under the present ordinance, the proposed ordinance requirements would be in the middle as compared with similar ordinances of other municipalities. Mr. Haverstock sug- gested that it is not logical to go to this extreme to accommodate Rainbow Manage- ment. that visitors would often hate to park on adjacent residential streets inasmuch as parking would not always be available in the municipal ramp. Lanterns called attention to the fact that there are already six driveways on 51st Street immediately adjacent to the property in question. the City construct a cross walk on 51st Street so that residents could more easily cross the already congested street. questioned whether this type of housing is desirable in this area. Mrs. Joyce Mogck of The Lanterns also expressed her disapproval of the project. Mr. Robert Polk, the architect for Rainbow Management, requested that the proposed Senior Citizen Residential District Ordinance be granted First Reading at this meeting and said that after that ordinance is passed, they would come back with a new zon- ing request "for the SR-4 and for the new variances that are required". explained that under their new site plan, there would still be needed a 12' side. street variance and a5'interiorside yard variance, but that no other variances would be required under the proposed senior Citizen Ordinance. He also reviewed the variances that would be necessary under the existing ordinances, adding that plans now call for a lounge area of 720 square feet. that the proposed building would have kitchens and food would not have to be brought in. In response to Council's question on how permanent joint ownership with the Yorktown Apartments could be assured, Mr. Luce said that this would be a problem for HUD to solve. requiring municipalities to have elderly housing and emphasized that he does not want Rainbow Management to think that the City is not receptive to this type o€ proposal for this location but that he wants to study the charts which were pre- sented before making any decision. referred back to the Planning Commission and that it not be returned to the Council until after the Planning Commission has reviewed and made recommendations on the Senior Citizen Residential-District Ordinance. Mr. Luce showed graphics showing elevations in the Mr. Luce advised that approval has been recommended for the following 1) The development will aid in Edina's achievement of its housing alloca- a 29 exposed parking space variance, a 12 foot side street setback variance, ' Mr. Luce also presented Mr. Haverstock called special attention to the fact He charged that, while Mr. Luce's comparison Mr. Haverstock emphasized that the 19 parking spaces proposed would mean Xr. Sam McGowan of The He requested that Mr. William Phillips of The Lanterns Mr. Polk Ms. Roxanne Givens explained Councilman Richards commented that the Metropolitan Council is He then moved that the zoning request be Motion was seconded by Councilman 1 I L 1 0 / 4 / 7 0 . L 24.. . = P Courtney. Ayes: Courtney, Richards, Shrrw, Van Valkenburg Nays: None 'Motion carried. Mr. Luce clarified that he had not go to Rainbow Mznagement for advise in drafting the Senior Citizen Residential District Ordinance as inferred earlier in the meet- ing, but rather had consulted with other municipalities, the Department of Housing and Urban Development and the Minnesota Housing Institute. Mr. Pope was told that the zoning request could not be finally acted upon until the first meeting in January at the very earliest. the charts which he had used in his presentation. Council requested Mr. Luce to furnish copies of ORDINANCE NO. 811-A82 GRANTED FIRST READING. Affidavits of Notice were presented . by Clerk, approved as to form and ordered placed on file. about a year ago the City of Edina requested a subdivision of an area which it owns and which is a remnant from the W. 77th Street interchange. Those pro- perties were divided into seven lots, with three-quarters of one of the lots being owned by a pri-Jate party and is now zoned R-2. property as zoned is buildable but to make the property more buildable, the addi- tional R-2 zoning is recommended. entire area be rezoned. Mr. Hyde said that he would call Mr. Rischmiller. No further discussion being heard, Councilman Courtney offered Ordinance No. 811-&82 for First Reading as follows:. Mr. Luce recalled that Mr. Luce advised that the Councilman Richards recommended that the ' e. ORDINANCE NO. 81l-AS2 30 h3 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE 14JJLTIPLE RESIDENCE DISTKICT * THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTAy ORDAINS: u Section 1. "That part of West Shore Drive as platted in Lake Edina 3rd Addition lying within the following described boundary: Beginning at the Northeast corner of Lot 3, Block 1, Lake Edina 5th Addition; thence Northwesterly at an angle of 43' 56' 07" as turned to the right from the Northwest corner of said Lot 3, a distance of 65.98 feet to a point of curve to the right with a radius of 145.62 feet and a delta angle of 5' 23' 24"; thence Northwesterly along said curve a distance of 13.70 feet; thence Southwesterly to a point in the North line of Lot 2, Block 1, Lake Edina 5th Addition, which point is 19.37 feet West of the Northwest corner of said Lot 2; thence Easterly to the point of beginning which is in Subdistrict R-2." Sec. 2. and publication. Paragraph 1 of Section of of Ordinance No. 811 of the City is hereby amended by adding the following thereto: This ordinance 'shall be in full force and effect upon its passage , ORDINANCE NO. 811-A83 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Ordinance No. 811483 for,First Reading as recommended by the Planning Commission. No objections being heard: Councilman Shaw offered the following ordinance for First Reading: Affidavits of Notice were presented Mr. Luce presented ORDINANCE NO. 8ll-A83 ) AN ORDINANCE AMENDING THE ZONING ORDINASCE (NO. 811) TO RESTRICT O3iE DWELLING TO A LOT OR PLOT WITHIN THE SINGLE FAMILY SWELLING DISTRICT (R-1) OR WITHIN PISTRICT R-2 OF THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTAy ORDAINS: is hereby amended to read as Eollows: Section 1. Paragraph 5 of Sec. 13 (Administration) of Ordinance No. 811 "5. One Dwelling per Lot or Plot. Not more than one dwelling shall be erected or placed on any one lot or plot within the Single Family Dwelling District (R-1) or wiihin District R-2 of the Multiple Residence District unless: Ordinance No. 811, to allow nore than one dwelling; or No. 801, and each part thereof is at least five acres in area, is not less than 300 feet in width, and otherwise complies, in all respects with the requirements of this ordinance; or "(c) pursuant to Ordinance No. 801." Sec. 2. and publication. ORDINANCE NO. 801-A12 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Ordinance No. 801-A12 for First Reading as recommended by the Planning Commission, advising that this amendment would facilitate administrative procedures. "(a) a variance has been granted pursuant to paragraph 6, Sec. 13 of "(a) the lot or plot is divided, without platting pursuant to Ordinance the lot or plot is platted or subdivided into two or more lots This ordinance shall be in full force and effect upon its passage Affidavits of Notice were presented Mr. Luce presented No &.:* &* 'cBh-^6"" objections being heard, Councilman Courtiiey of fered Ordinance No. 801-A12 for First Reading as follows : * ORDINANCE NO. 801412 AN ORDINANCE MBNDING ORDINANCE NO. 801 TO REQUIRE DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR PUBLIC PURPOSES .! THE'CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. is hereby amended to read as follows: "(a) In every plat, replat, or subdivision of land to be developed for residential, commercial, industrial, or other uses, or as a planned develop- ment which includes residential, commercial and industrial uses, or any combinaution thereof, a reasonable portion of such land shall be set aside and dedicated by the tract owner or owners to the general public as open space for parks, playgrounds, public open space, or storm water holding areas or ponds, or, at the option of the City, the tract owner or owners shall-contri-- bute to the City an amount of cash equal to the fair market value of the undeveloped land otherwise required to be so set aside and dedicated, or set aside and dedicate a part of such land and contribute the balance of such -, undeveloped land value in cash. Land then get aside and dedicated for public park and playground purposes pursuant to Section 5 (Planned Residential Dist- rict) of Ordinance No. 811 may be considered as set aside and dedicated under . this Ordinance No. 801 to the extent required 'hereunder in connection with such plat, replat, or subdivision, but then only to the extent that such landr is in excess of the open space then required by Ordinance No. 811. so paid to the City shall be placed in a special fund and used only for the acquisition of land for parks, playgrounds, public open space, and storm water holding areas or ponds, development of existing parks and playground sites, public open space, and storm water holding areas or ponds and debt retirement in connqction with land previously acquired for such p'ublic pur- poses. For purposes of this ordinance, 'fair market value of the undeveloped land' is defined as the fair market value of the land within such plat, replat, or subdiesion as of the date the plat, replat, or subdivision is presented to the City Council for final approval, as determined by the City Assessor in the same manner as 'ne determines the fair market value of land for tas purposes, excluding, in determining such value, all value added to such land by improve- ments, im3uding utilities, streets, and other public improvements serving such land, but including in such determination the highest and best use to which the land can be put under the zoning district then existing or under that zoning district to which the land is then about to be transferred." and publication and, when effective, shall be filed with the office of .the Register of Deeds, Hennepin County; Minnesota. Subparagraph (a) of Section 4 of Ordinance No. 801, as amended, Any money - I . Sec. 2. This ordinance shall be in full force and effect upon its passage URDfNANCE NO. 811-A84 GRANTED FIRST REAI)ING. bg Clerk, approved as to form and ordered placed on file. Mr. Luce presented Ord- inance No. 811-A84 for Firse Reading as recommended by the Planning Commission, recalling that this ordinance had been drafted in response to questions raised at Budget Me'etings. Mr. Luce clarified that the proposed fees reflect in part the accual costs incurred because of new legislation. Councilman Courtney offered the following ordinance for First Reading: Affidavits of Notice were presented No objections being heard, ' ORDINANCE NO. 811-A84 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO CHANGE THE FEE FOR FILING A PETITION REQUESTING THE TRANSFER OF LAND TO ANOTHER ZONING DISTRICT 3 I THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, 0FJ)AINS: 811 is hereby amended by changing the fee for petitions Cor the transfer of land to another district to $450. Sec. 2. and publication. ORDINANCE NO. 801-A13 GRANTED FIRST READING. by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Ord- inance No. 801-A13 for First Reading as recommended by the Planning Commission, recalling that this ordinance had been drafted in response to questions raised at the Budget Meetings. Mr. Luce said, that the proposed fees reflect in part the' actual cqsts incurred by the City beczuse'of new legislation. heard, Councilman Courtney offered the following ordinance for First Reading: Section 1. Subparagraph (d) of paragraph 6 of Section 13 of Ordinance No, .. I This ordinance shall be in full force and effect upon its passage Affidavits of'Notice were presented. - . No objections being ORDINANCE NO. 801-Ai3 TO CWGE FEES CHARGED FOR FILING AND AN ORDINANCE AMENDING ORDINANCE NO. 801 PROCESSING PLATS AND SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: 1 0 / 4 / 7 6 Section 1. Section 2 of Ordinance No. 801 is heP&by amended to read as f ollows : All plats and subdivisions presented for the approval of the Planning Commission and City Council shall be filed with the Planning Department and shall be accompanied by a filing fee according to the following schedule for services to be rendered by employees of the City in processing the proposed plat or subdivision: "For the division of a lot, as defined in Ordinance No. 811, where new buildable lots are created, a fee per lot to be divided of: "For the division of one or more lots, as defined in Ordinance No. 811, where no new buildable lots are created, a fee of: "For all other plats and subdivisions, a fee of: $ 50 $ 20 $150, plus Rejec@oRe;f1?ke plat or subdivision by the City Council or abandonment or withdrawal of the proposed plat or subdivision by the proponent shall not entitle the person who paid the fee to the return of all or any part thereof." age and publication, and when effective, shall be filed with the office of the Recorder of Deeds, Hennepin County, Minnesota. Sec. 2. This ordinance shall be in full force and effect upon its pass- ORDINANCE NO. 811-A79 CONTINUED TO OCTOBER 18, 1976. As requested by.the' owner of the Grimes House, Councilman Shaw's motion continuing Second Reading of Ordinance No. 811-A79 to October 18, 1976, was seconded by Councilman Richards. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. INDIAN HILLS ARROWHEAD 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL SUBJECT TO DEDiCATION OF OUTLOT FOR PAX PURPOSES. Clerk, approved as to form and ordered placed on file. Affidavits of Notice were presented by . Mr. Luce presented Indian Kills Arrowhead 2nd Addition for preliminary approval, advising that this plat which contains two single family lots and one outlot is located generally South of Indian Hills Road, North of Pawnee Road, and East of McCauley Trail. Mr. Luce advised that the Planning Commission's recommendation for approval was contingent son the following conditions: That a developer's agreement including a connection charge for water and sewer and the extension of storm sewer be submitted and approved by the Engineering Department; That the Nine Mile Creek Watershed District approve the filling neces- sary to develop these lots; and That a deed for Outlot A be submitted for park purposes. . . 1, 2, 3. I Mr. Richards recalled that the abutting park land was tied with the Hume property and suggested that the outlot should stay in private ownership unless the Hume property is acquired. Mr. Hyde suggested that Council make a determination as to just what park property will be purchased. for drainage at this tine and that it would be needed by the City even if it should not be required for park property. Mr. Larry Cremer of Village Development Company agreed that his company could enter into an agreement witlilthe City whereby it would become a part of any purchase agreement for the lot that within a two year period, if the City decided it didn't want the property, the owner of Lot 1 would assume ownership and maintenance of the Outlot. Following discussion, Councilman Courtney offered the following resolution and moved its adoption: . Mr. Dunn said that the outlot is used ' RESOLUTION GRANTING' PRELIMINARY APPROVAL TO INDIAN HILLS ARROWHEAD 2ND ADDITION BE IT RESOLVED by the Edina City Council that Indian Hills Arrowhead 2nd Addition, platted by Village Development Company, and presented at the Edina City Council Meeting of October 4, 1976, be and is hereby granted preliminary plat approval with the understanding that Outlot A be dedicated for park purposas. Notion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Resolution adopted. . Nays: None DAHLQUIST ADDITION REPLAT GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Cierk, approved as to form and ordered placed on file. Mr. Luce - -- presented Dahlquist Addition Replat for preliminary approval, advising that this located East of Valley View Road, North of Mark Terrace Drive and at the end of Bror Road. He advised that zhe Planning Commission has recommended approval of the plat, provided that the future "Forest Glen Road" is changed to "Bror Road" and contingent upon payment of a $3,500 parkland dedication fee in lieu of land donation. Mr. Harold Posnick of Riltwell Construction, Inc., objected to paying .plat which is proposed to be divided into four single family lots is generally 10/4/76 ,/ the parkland dedication fee for the two previously platted lots. advised that the City would not be setting any kind of policy or coimitting itself to any definite line of logic or values if it required cash in lieu of parkland dedication for only the two additional lots. Councilman Courtney thereupon offered the following resolution and moved its adoption: Mr. Erickson As recomniended by Mr. Hyde, RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO DAHLQUIST ADDITION REPLAT .i EE IT RESOLVED by the Edina City Council that that certain plat entitled "Dahl- quist Addition Replat, platted by Biltwell Construction, Inc., and presented at the Council Neeting of October 4, 1976, be and is hereby granted preliminary plat approval with the understanding at $1,500 be required for parkland dedication fee in lieu of land donation. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. RYAN'S ADDITION CONTINUED TO OCTOBER 18, 1976. been sent out for preliminary plat for Ryan's Addition, Councilman Courtney's motion continuing the matter was seconded by Councilman Richards. Being advised that notices had not Ayes: Courtney, Richards, Shaw, Van Valkenburg Nzys: None Motion carried. LOTS 29 AND 39, WARDEN ACRES LOT DIVISION CONTINUED TO OCTOBER 18, 1976, by motion of Councilman Richards, seconded by Councilman Shaw. Ayes: Courtney., Richards, Shaw, Van Valkenburg Nays: None Motion carried. AWARD OF BIDS FOR CARS AND TRUCKS CONTINUED TO OCTOBER 18, 1976. by Mr. Hyde, Councilman Shaw's motion was seconded by Councilman Courtney, continu- ing action on award of bids for cars and trucks to October 18, 1976. As recommended Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. I T!W?FIC SIGNAL SYSTEY AT 50TH AND HALIFAX AVENUE CONTINUED. MI. Hyde, Councilman Shaw's motion was seconded by Councilman Courtney, continuing action on award of bids for traffic sysgal system at 50th and Halifax Avenue to October 18, 1976, As recommended by Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. SUBDIVISION AND ZONING SIGN ORDINANCE AMENDMENTS HEARING SET for October 18, 1976, by motion of Councilman Courtney, seconded by Councilman Richaf-ds. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. LA PEPINIER ADDITION PRELIMINARY PLAT hearing date was set for October 18, 1976, by motion of Councilman Courtney, seconded by Councilman Richards. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. LOT 1, BLOCK 3, EVANS ADDITION RELEASE OF CITY STREET EASEMENT APPROVED. As recom- mended by Mr. Erickson, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby approve the release of the right-of-way easement in favor of the City of Edina over part of Lot 1, Block 3, Evans Addition. Motion for adoption of the resolution was seconded by Councilman Courtney. I RESOLUTION Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. CITY OF EDINA In the Matter of the Petition of FIRST WISCONSIN NATIONAL BANK for a Variance Allowing Permanent Maintenance of a Single Family Dwelling Unit Structure in the R-4 Multiple Residential District - Fountainwoods Apartments. FINDINGS, CONCLUSIONS, AND . DECISION The above entitled matter was heard before the City Council, City ,. of Edina, on July 19, 1976 and September 13, 1976. First Wisconsin National Bank ("Petitioner") was represented by Arthur L, Doten and Ben Caputo. The City Council, having heard and reviewed all of the facts and arguments pre- sented by Petitioner and by the City staff, and having heard and reviewed the evidence and the law adduced by the Petitioner and the City staff, and being fully advised, after due consideration hereby makes the following 8 FINDINGS OF FACT: 1. On May 3, 1972, the City of Edina issued Building Permit No. . G-195 to ViewCon Inc. for a temporary office-apartment display building (the subject building") for the Fountainwoods Apartments complex. The building I1 permit specifically states that the subject building will not be used for dwelling purposes. "use and location of the building for a period of two years,"' and further states that "Location may only be permanent if approved by Planning Commis- It also specifically states that the permit grants the sion & Village Council." 2. After construction of the subject building, the entire complex, known as Fountainwoods Apartments, was acquired by the Petitioner by a deed . . as part of a settlement in which Petitioner released Darrel Farr and the Farr Company (herein together called e'developer") and funded a plan whereby the developer settled its indebtedness to other creditors. 8 3. Petitioner was the mortgage lender for the development of Fountainwoods Apartments. Its loan files indicate that it required, or had the authority and right to require, .evidence and information that the project complied with all local laws and ordinances, includirig the delivery of building permits and evidence of zoning compliance. Included among the documents of Petitioner is a survey showing the location of the subject building and identifying it as a "sales office and model apartment." The loan documents of Petitioner also indicate that its security for its loan on Fountainwoods Apartments was the existing apartment buildings with ancillary parking and recreational amenities, and that no reliance was placed by Petitioner, for its security, on the subject building. 4. Upon determining that the subject building.must be removed pur- suant to the building permit, Petitioner, to avoid such removal, filed far a variance, as suggested by the City planning department, to allow the subject building to remah permanently in its present location. Petitioner's request for variance was heard by the Board of Appeals and Adjustments on May 20, 1976, pursuant to paragraph 6 of Section 13 of Ordinance No. 811. The plan- ning department recommended approval of the variance at that meeting. The Board of Appeals and Adjustments, although concluding that the requested variance would not be materially detrimental to the public welfare or injurious to other property in the vicinity, would correct extraordinary circumstances applicable only to this property, would relieve an undue hardship, and would preserve substantial property rights possessed by others in the vicinity, yet determined that the subject building is.not a proper use in the R-4 Multiple Residence District in which it is located, and entered its order granting only I - 2- I / a temporary variance, the conditions being that the subject building could remain only for an additional two-year period or until the Fountainwoods Apartments complex is sold, whichever first occurs, and that extensions of the time limit may be requested if Petitioner owns the property at the end of the two years. Appeals and Adjustments to the City Council by letter addressed to the City Petitioner appealed the decision of the Board of Clerk of the City of Edina and dated May 26, 1976. 5. The subject building is a one-story brick building of approx- imately 1,170 square feet. used as a single-family dwelling. It is presently being rented by Petitioner and , It is not physically attached to any other building or dwelling unit. It has no separate, indoor parking available. 6. The Edina Zoning Ordinance, No. 811, creates exclusive districts, and only those uses that are specifically mentioned as being allowed in a district are permitted to exist in that district. does not allow freestanding, single family Structures such as the subject building in the R-4 Multiple Residence District. The ordinance statement that "[rlesidences containing 5 or more dwelling units" are permitted in The ordinance the R-4 Multiple Residence District means and refers to five or more dwell- ing units in the same building and does not include or.permit freestanding, single family structures such as the subject building. .- .. . .. 7. The value of the subject building is approximately $30,000, without land. If it is removed, its value would be approximately $5,UOO. However, the Fountainwoods Apartments would yet contain, after removal of the subject building, 315 apartment units in four. apartment buildings and would yet be of substantial value and could continue to be used €or multiple residence purposes. -3- Therefore, based on the foregoing findings, the City Council does hereby make the following 8' CONCLUSIONS: A. The subject building is a single family structure in the R-4 Multiple Residence District. The Edina Zoning Ordinance, No. 811, does not allow such a structure in the K-4 Multiple Residence District, and Minn. Stat., Sect. 462.357, Subdiv. 6, does not allow the use of a variance to permit su.ch a structure to remain in the R-4 Multiple Residence District. B. The building permit authorized only a temporary building for temporary office and apartment display.uses, and those uses have now ended. Petitioner knew, or should have known, about the temporary use provisions of the building permit, and is bound by them. C. If the subject building is removed, the Fountainwoods Apartments will yet have substantial value and can continue to be used for multiple residence purposes;' there is, therefore, no undue hardship resulting from strict enforcement of the City's ordinance. Based on the foregoing findings and conclusions, the City Council of the City of Edina does hereby make the following DECISION: I. That the variacce be denied and the subject 'building be removed not later than December 31, 1978. 11. That Petitioner prepare a document in recordable form stating that the subject building, together with the driveway serving and other hard- surfaced areas adjoining the same, must be removed by said date, and that such document, once approved by the City Manager, be recorded and filed in. I -4- the appropriate office so as to give constructive notice to future owners and lienors of this requirement; 111. That Petitioner, or the then owner of the subject building, upon its removal, shall restore and landscape the area disturbed by such removal in a manner consistent with the then contour of, and landscaping on, the property immediately surrounding the.subject building, and in a manner reasonably satisfactory to the City Planning Department, Dated this 4th day of October, 1976. -5- 10/4/76 FOUNTAINWOODS APARTMENTS (FIRST WISCONSIN NATIONAL BANK) VARIANCE DENIN, uPmLD. BY COUNCIL. Decision submitted by City Attorney Ericksoii, along with comments made in a letter Mayor Van Valkenburg referred to proposed Findings, Conclusions and from Mr. Arthur L. Doten, attorney for First Wisconsin National Bank. Mr. Doten reviewed his zppeal of the decision of the Board of Appeals and Adjustments and urged that the proposed Findings, Conclusions and Decision reflect that First Wisconsin National Bank would lose approximately $25,000 if it is necessary to remove the single family dwelling from the R-4 Hultiple Residence District loca- tion. Mr. Doten requested that the Council "abandon its technical approach and .' look to the merits of the case" in arriving at its decision. Following consider- able discussion, Councilman Courtney moved that the Council adopt the Findings, Conclusions and Decision submitted to the Council at this meeting and that the Clerk be directed to attach said Findings, Conclusions and Decision to these Minutes and that they be made a part hereof, and that, based upon said Findings, Conclusions and Decision, the Council make the following decision relative to the appeal of the First Wisconsin National Bank: 1. That the variance be denied and the subject building be removed not later than December 31, 1978. 2. That Petitioner prepare a document in recordable form stating that the subject building, together with the driveway serving and other hard-surfaced areas adjoin- ing the same, must be removed by said date, and that such document, once approved by the City Manager, be recorded and filed in the appropriate office so as to give constructive notice to future owners and lienors of this requirement; -si w 3, shall restore and landscape the area disturbed by such removal in a manner con- sistent with the then contour of, and landscaping on, the property immediately surrounding the subject building, and in a manner reasonably satisfactory to the City Planning Department. Motion was seconded by Councilman Richards. Rollcall: Ayes: Courtney, Richards, Van Vallcenburg Nays: None Abstaining: Motion carried. That Petitioner, or the then owner of the subject building, upon its removal, Shaw (because he had been a member of the Board of Appeals and Adjustments at the time it had considered this variance request) The City Attorney was directed to send a copy of the Findings, . Conclusions and Decision to Mr. Doten. CHARLES J. LICATER SUIT NOTED. against the City by Charles J. Licater relative to a stolen bicycle. As recom- mended by Mr. Melena, Councilman Shaw's motion that the suit not be defended in Conciliation Court was seconded by Councilman Courtney. Mr. Melena advised Council of action being brought Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. NORMANDALE AND KIGHLANDS PARKS HOCKEY RINK LIGHT BULBS PURCHASE AUTHORIZED. recomended by Mr. Hyde, Councilman Courtney's motion was seconded by Councilman Shaw awarding bid for light bulbs for hockey rink lighting at Normandale Park and Highland Park to recommended low bidder, Industrial Lighting Company for a total of $1,164.00 Bid of Northland Electric Company was given at As for 30 light bulbs, $1,212.00. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. STREET AND EASEMENT VACATION FEES TO BE STUDIED. requested information on street and easement vacation fees from the League of Mr. Hyde advised that he has Cities and that this information will be presented to Council at a later date. No action was taken. ELECTION JUDGES APPROVED FOR NOVEMBER 2, 1976, ELECTION. As recommended by the City Clerk, Councilman Courtney offered the following resolution and moved its adopt ion : BE IT RESOLVED that the following Election Judges be appointed to serve at the November 2, 1976, General/City Election, and that the City Clerk be authorized and directed to make such changes and/or additions as she may deem necessary: No. 1 - Shepherd of the Hills Church - Mesdames Genie'Williams, Chairman, Lois Hall-quist, Dorothy Lindholm, Jane Fleet, Helen Donovan, Barbara Adnerson, Rosita Barber, Joan Schicr, Ann Hines, Mary Hoffman; Alternates - DorLs O'Ne,ill and Dovie Capetz; Precinct No. 2 - Edina City Hall - Mesdames Joyce Akason, Chairman, Marjorie Malci, Naomi Johnson, Kosemziry McGlynr., Carolyn Bisson, Sharon Robichon, Judith Sotebeer, Jean McDermid, Diane Lehman, Phyllis Schwab, Emily Scuddcr, Grace Gustafson; Altenates - Hazel Strehlow and Kathleen Schutte; Precinct No. 3 - RESOLUTION Precinct 10/4/76 Wooddale School - Mesdames Jane Hawthorne, Chairman, Marjorie Rossiter, Jane Han- son, Mable Brehm, Carol Pfutzenreuter, Virginia Kimmerle, Patricia Johnson, Sherrill Estensen, Shirley Dunwiddie, Beverlee Orr, Carole Dornblaser, Louisa Gerstenberger; Alternates - Nancy Elleby and Linda Smith; Precinct No. 4 - Morn- ingside Municipal BuLlding - Mesdames Shirley Dibble, Chairman, Jeanette Lushine, Narion Cracraft, Nina Potter, Colette Furlong, Alice Rose, Rachel Schoening, Katherine Stamp, Joanne Downey, Marjorie Brothers; Alternates - Patricia Murphy i and Elizabeth Genovese; Precinct No. 5 - Highlands School - Mesdames Henrietta Bartlett, Chairman, Sue Holden, Jill Ragatz, Mary Ryan, Hazel Helgeson, Sue 43011- .. off , Phyllis Cooper, Carol Ledder, Carol McPheeters, Helen Groth, -Narilyn Houston, Florence Bennett; Alternates - Marty Howes and Roe Anne Forbes; Precinct No. 6 - Countryside School - Mesdames Jane Bains, Chairman, Barbara Casselmari, Sue Zwakman, Dee Clapp, Mary Cleaveland, Hope Eilers, Catherine Swanson, Claire MacLennon, Jean Flaaten, Eileen Black; Alternates - Karen Carlson and Karen Lemenger; Precinct No. 7 - Normandale Church - Mesdames Bess Brudelie, Chairman, Helen Peterson, Doris Hartshorn, Dorothy Stoclcdale, LaVonne Swenson, Barbara Mathison, Naomi Ward, Julie Schroeder, Maxine Howe, June Morrison; Alternates - Zelma Grey and Mary Kelley; Audrey Berglund, Chairmari, Betty Tripp, Florence Freudenthal, Constance Ryan, Rose Hines, Margaret Kinney, Maxine Sanders, Irma Foley, Jane Moran, Jane Michael; Alternates, Phyllis Fuller and Sara Kirkman; Precinct No. 9 - Concord School - Mesdames Yvonne Ford, Chairman, Elaine Olson, Margaret Wodrich, Jacqueline . Lindskoog, Mary Porter, Joyce Sutherland, Jean Erdahl, Dorothy Nonnweiler, Kay Bach, Marion White, Annette Horton, Jeanne Michiner; Alternates Astrid Wang and Precinct No. 8 - Edina East Lower Divison - Mesdames Eileen Konhauser; -Precinct No. lo-- Creek Valley School - Mesdames Lorraine Has- selquist, Chairman, Gay Bostock, Ann Overholt, Lynn Billings, Nancy Sivright, Pat Freerks, Shirley Moore, Mary Bartz, Natalie Ruden, Muriel Peterson, Mary Sho- quist; Alternates.- Margaret Brennan and Shirley Byrne; School - Mesdames Geneva Smith, Chairman, Barbara Boyd, Gloria Thorburn, Mary Bartlett, Delores Brain, Trudy Peckham, Anna Taggatz, Eleanor Thornton, Nancy Atchison, Carol Melichar, Patricia Mason; Alternates - Cora Rex and Lorayne Bechtle; Precinct No. 12 - Cornelia School - Mesdames Adele Olson, Chairman, Mary McDonald, Phyllis Taylor, Beverly Rice, Ruth Marquette, Doris Van Campen, Diane Greensweig, Lynn Petty; Alternates - June Hoyt and Karen Byhre; Precinct No. 13 - Lutheran Church of the Master - Mesdames Patricia Harmon, Chairman, Mavis de Lam- bert, Marilyn Person, Edna Thomsen, Shirley Bjerken, Claire Ready, Margaret Delaney, Harie Crask, Narge Basil, June McAllister; Alternates - Beverly Kelly and Monica Nilles; PrecTnct No. 14 - St. Peter's Church - Mesdames Mary Jane , . Platt, Chairman, Ruth Volk, Louise Carlson, Iielen Taylor, VLavayne Finberg, Carole Anderson, Esther Olson, Jeanette Lund, Pat Spraguer, Harriet Cheolis, Marguerite Norby; Alternates - Doris Peterson and Ruthanna Dye; Precinct KO. 15 - Edina West Lower Division - Mesdames Charlotte Burns, Chairman, Rosemary Sweeney, Donna Rubms, Lucille Filreis, Pat Greer, Patricia Olander, Lucille Borchers, Nancy Phillips, Kay Brown, Maxine Hatzung; Alternates - Mary Ryan and Sis Boyd; Pre- ckct Eo. 16 - Southdale Hennepin Area Library - Mesdames Betty Doolittle, Chair- man, Ruth Fitzmaurice, Mary Ellen Imdieke, Geraldine Sermeta, Dode Thompson, Donna Hiltunen, Avis Stickney, Lucille Russ, Edith Housh, Essie Strake, Mary Liedl, Elizabeth Burgess, Loretta Lee, Dona Monke, Vivian ingmundson; Alternates - Gyda Torkelson, Evelyn Larson, Helene Berg and Beverly Huston. Motion for adoption of the resollition was seconded by Councilman Shaw. Precinct No. 11 - Cahill Rollcall: * Ayes: Courtkey, Richards, Shaw, Van Valkenburg . Nays: None Resolution adopted. PUBLIC WORKS BILL DISCUSSED. Mr. Hyde advised Council that the President had signed . the Public Works Bill and advised that the staff will be applying foe grants'for park shelter buildings and for the Morn'ingside area work. CITY NEWSLETTER TO GO OUT. out shortly which will emphasize "Get Out the Vote" and which will call special attention to the municipal liquor stores. ORDIWNCE NO. 1232 GPDTED SECOND READING. Councilman Courtney offered Ordinance No. 1232 for Second Reading and move4 its sdoption as follows: Mr. Hyde advised that a City newsletter will be going ORDINAhTCE NO. ' 1232 , AN ORDINANCE REGULARING THE USE OF MJNICIPAL PARKING FACILITIES AND PROVIDING A PENALTY AND REPEALING ORDINANCE NO. 1231 . Section 1. Hours of Parkkg Limited. No person shall park any vehicle in THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: any municipal parking facility for a period in excess of the time limits, as 1. . established pursuant hereto, during business hours, Persons may park in any municipal parking facility for any length of time during non-business hours, .. -_ .- 10/4/76 27 1: except for such times as parking may be prohibited for snow removal, repairs, and like purposes. Sec. 2. Definitions. As used in this ordinance: (a) Municipal parking facility shall mean any lot or ramp, and the lanes giving ingress thereto and egress therefrom, and all accessories thereof, owned or operated by the City of Edina or the Housing and Redevelopment Auth- ority of Edina, Minnesota, herein called "H.R.A.," and made available to the public for parking of private motor vehicles, whether for a fee or at no cost. It shall not include parking spaces located along public streets and highways. Ramps shall mean the two municipal parking facilities located in the 50th & France Commercial Area, one North of 50th Street and one South of (b) 50th Street. City included within the plan prepared by the H.R.A. entitled "50th & France Commercial Area Plan," dated December 3, 974. (d) Business hours shall be from 8 00 a.m. to 8:OO p.m, of each day, except Sunday, or such other hours during such days as may be set from time to time by resolution of the City Council for any one or more of the municipal parking facilities. Any business hours hereafter set by the City Council shall coincide, as closely as possible, with those hours during which any substantial portion of the businesses in the business area of the particular municipal parking facility shall be open. Time limits shall be such as are specified by resolution of the City Council from time to time for all or certain portions of any one or more of the municipal parking facilities. In setting the time limit, the City Council shall be guided 3y the purpose of allowing maximum use of the rdunicipal parking facilities by patrons of businesses located in the business area of each muni- cipal parking facility. as determined by the City Manager, on the municipal parking facilities. Sec. 3. Exceptions, Permits. Vehicles identified by a sticker issued by the City under this section may be parked in the ramps in excess of the time limits, but only in such locations in the ramps as shall be designated from time to time by the City Manager. be those that are least convenient for patrons of businesses located in the business area of the ramps, except that parking for physically handicapped employees, as defined in Ordinance No. 1401, may be located in other places in the ramps. capped employees shall be posted in a conspicuous manner, as determined by the City Manager. staff as the City Manager from time to time shall designate, and shall be issued only to persons to be.designated by the City Manager. may direct the issuance of up to 400 such permits to persons who are employed by businesses in the 50th Sr France Commercial Area. shall apply to the City Manager for a sticker on forms provided by the City Manager. for the calendar year, or such part thereof then remaining, and furnish a descripti-on of the make, year, body style, color and license number of the vehicle to which it is to be fastened. Stickers shall be numbered consecutively and shall be valid only for the calendar year in which issued. The City shall keep a record of the number oE the sticker and the description of the vehicle. The sticker shall be fastened to the left rear bumper of the vehicle and shall be visible at all times when the vehicle is parked in the ramp. is sold or traded and another vehicle is acquired, the City, upon application for a new sticker for the remainder of the calendar year, accompanied by a description of the new vehicle and its license number, shall issue such new sticker, without charge, and show the old sticker as having been canceled. Whenever a person to whom a sticker has been issued shall cease to be regularly employed upon the premises where he was employed at the time the sticker was issued, the employer shall notify the City of such fact, and the City shall cancel the old sticker. spaces designated and reserved for physically handicapped employees unless the permit reuqired by this ordinance be fastened to the vehicle as herein required, and unless that person is physically handicapped or operating a vehicle under the direction and for the use of a physically handicapped employee and such vehicle also has displayed prominently upon it an identifying certificate issued to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Section 169.345. Violation of this ordinance shall be a petty I misdemeanor which shall be punishable by a fine of not more than $100. its entirety. Motion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkezburg Nays: None Ordinance adopted . (c) The 50th & France Commercial A ea shall mean the area within the (e) Time limits shall be posted in a conspicuous manner, Locations designated by the City Manager shall Locations so designated for employees and for physically handi- The stickers shall be issued by such City department or City The City Manager Persons desiring a sticker Upon issuance of each sticker, the recipient shall pay a fee of $12 .When the vehicle No person shall park a motor vehicle in parking Section 4. Sec. 5. Repealer. Ordinance No. 1231, as amended, is hereby repealed in Penalty. 10/4/76 ORDINANCE NO. 402 GRANTED FIRST READING. Ordinance for First Reading: Councilman Shaw offered the following ORDINANCE NO. 402-A3 AN ORDINANCE AMENDING ORDINANCE NO. 402 TO ALLOW WAIVER OF SEWER AND WATER CONNECTION REQUIREMENTS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. as follows: "Sec. 8. May Waive Requirements. In considering any appeal, the Commission, if .not prohibited by State law, may waive any requirement of any of the ordinances therein referred to, but only if the reason for such require- inent does not exist because of the unusual use, location or type of construction of the structure, or if the person taking the appeal demonstrates to the satisfaction of the Commission that the purpose of such requirement is met by other means or methods. Also, the Commission, in granting any waiver of water or sewer connections required by Ordinance No. 431 shall also make the findings of hardship and nondetriment required by Section 10 of said Ordinance No. 431, and shall condition its waiver on delivery to the City of the agreement required by said Ordinance No. 431." ately upon its passage and publication. ORDINANCE NO. 431-A2 GRANTED FIRST READING. Councilman Shaw offered the following . ordinance for Figst Reading: Section 8 of Ordinance No. 402 is hereby amended to read I Sec. 2. This ordinance shall be in full force and effect immedi- ORDINANCE NO. 431-A2 AN ORDINANCE AMENDING ORDINANCE NO. 431 TO REQUIRE CONNECTIONS TO THE SANITARY SEWER SYSTEM AND WATER SYSTEM AND TO PERMIT WAIVER OF THE CONNECTION RXQUIREMENT THE CITY COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: Section 1. Sections 9, 10, 11 and 12 of Part 3 of Ordinance No. 431 are hereby amended to read as follows: "Part 3. Sewer System Regulated. "Sec, 9. Connect ion Required. "(a) Sanitary Sewer Connections. Connections Required to Sewer and Water Systems; Discharges into "(1) VheneTrer property abuts upon any public street or alley in which sanitary sewer mains have been constructed, the owner of every dwelling house or business building hereafter constructed, reconstructed, or placed on such property, and as a part of such construction, reconstruction, or - placing, shall connect the sewage disposal lines in such house or building with such mains in such street or alley, and every dwelling house or busi- ness building now located on such property shall within two years after the date such sanitary sewer mains did or will become usable, connect the sewage disposal lines in such house or building with such mains in such a street or alley; provided, that such connection shall be made immediately if such mains . are usable and if the private sewage disposal lines in the dwelling house or business building on such property drain shall overflow, back up or other- wise fail. '"(2) In addition to the requirements of subparagraph (1) above, every residence in any R-2 District, as determined by Ordinance No. 811, that . is (i) hereafter constructed, reconstructed, or placed on a lot in such district, or (ii) now existing but is on a lot hereafter subdivided pursuant to subparagraph (c) of Section 3 of Ordinance No. 801 and subparagraph 8 of Section 4 of Ordinance No. 811, or (iii) now existing and nonconforming - but is hereafter destroyed or damaged to such an extent that it is required to conform to all yestrictions of the R-2 District pursuant to paragraph 2 of Section 13 of Ordinance No. 811 (relating to nonconforming buildings and uses), or (iv) now existing and conforming but is hereafter destroyed or damaged to such an extent that, if it were a nonconforming building ad defined in Ordinance No. 811, it would have to,conform to all restrictions of the R-2 District, pursuant to said paragraph 2 of Section 13 of Ordinance No. 811, and that 4s on property that abuts upon any public street or alley in which sanitary sewer mains have been constructed, shall have the sewage disposal , lines in each dwelling unit, as defined in Ordinance No. 811, within such residence connected with the sanitary sewer mains in such street or alley so that there shall be one separate and independent connection for each such ' dwelling unit. I 10/4/76 "(3) Each townhouse, as defdned in Ordinance No. 811, hereafter constructed, reconstructed, or placed upon property within the City, or presently existing on property that is hereafter platted or subdivided to permit the sale of individual townhouses or individual lots, and as a part of such construction, reconstruction, or placing or as,a part of such platting or subdivision, as the case may be, shall have the sewage disposal lines within that townhouse connected directly, and separately from any other town- house, to the sanitary sewer mains serving such townhouse. "(b) Water Connections. . "(1) Whenever property abuts upon any public street or alley in which water mains have been constructed, the owner of any building hereafter constructed, reconstructed, or placed on such property, and as a part of such construction, reconstruction, or placing, shall connect the water lines in such building to the water main in such street or alley. I nan Sec (2) Every residence in the R-2 District, as determined by Ordi- ce No. 811, that is required by subparagraph (2) of paragraph (a) of this tion 9 to have separate and independent sanitary sewer connections for each dwelling unit within such residence, and that is located on property that abuts any public street or alley in which water mains have been constructed, shall also, at the same time, make a separate and iridependent connection of the water lines in each such dwelling unit with the water mains'in such street or alley. tI "(3) Each townhouse required by subparagraph (3) of paragraph (a) of this Section 9 to have a direct and separate connection to sanitary sewer mains shall also be required at the same time to have a similar direct and separate connection from the water lines in such townhouse to the water mains serving such townhouse. . "Sec. 10. Failure to Comply; Notice; Withholding of Approval of Plat or Subdivision; Waiver of Connection Requirement. Any person required by Section 9 hereof to connect the sewage disposal lines with the sanitary sewer or the. water lines with the water main, if an existing building, shall make such connecticn or connections within ten days after written notice is given to such person to make such connection, and if a building to be constructed, reconstructed, or placed on a property, shall make such connection or connec- tions as a part of such construction, reconstruction, or placement. The written notice shall be prepared and mailed by certified mail, or delivered by the City Public Health Sanitarian, Building Official, or City Planner on order of the City Nanager. such connections are required because of the subdivision of a lot in the R-2 District, or because of platting or subdivision of property to permit sale of individual townhouses or individual lots, such connections shall be made in connection with such platting or subdivision, and approval of such plat or subdivision by the City Council may be conditioned upon and withheld until completion of the required connections. Provided, however, that any connection requirement may be waived by the Building Construction Appeals Board upon request of the owner of the property for whic- the waiver is requested and upon a finding being made by the Board that a hardship exists that is not a mere inconvenience and that is caused by the physical character of, and cost of complying with, the connection requirement and not by the owner or any persons having an interest in the property, and that the waiver will not be substantially detrimental to the public welfare or to other lands or improvements in the neighborhood of the property. .a condition to granting such waiver, the owner or owners of the property or properties shall execute and deliver to the City a recordable agreement, in form and substance acceptable to the City Manager, providing that the City shall not be liable to any owners or occupiers of the property for any damage or injury to persons or property resulting from a lack of the required separ- ate and independent connections, that all owners of the property or properties served by less than the required separate and independent connections shall share equally in any costs incurred as a result of not having the required separate and independent connections, shall pay equally all sewer and water charges made for services to such property or properties, and that the City may determine the charges for water and sewer usage by allocating consumption equally among all properties using the common connection and totaling the separate charges based on such allocation, and the City may discontinue water and sewer services to such property or properties pursuant to Ordinance No. 1111, even though such discontinuance will affect property in addition to that of the persons causing the delinquency. I . I .- * Also, as I , 10/4/76 .. - .- "Sec. 11. Connection by City. Whenever any owner or occupant shall fail to comply with such written notice, the Council may by resolution direct that a required connection or connections be made and that the cost of said connection or connections be paid in the first instance out of the general revenue fund and then assessed against the property benefited. "Sec. 12.' Assessment and Collection. After such installation and connec- tion is completed by order of the Council, the City Clerk shall serve a written notice of the assessment upon the owner or his representative direct- ing him to pay said assessment within ten days after the service of said notice to the City Treasurer. the City Clerk shall certify the amount thereof to the County Auditor for collection in the same manner as other special assessments and the same shall become-a lien upon said property until paid; provided, the City Council may by resolution provide that the assessment be spread over a term of up to ten years upon request of the owner of the property or his representative, and if spread over a term of years, interest shall be charged at the rate then charged by the City in connection with special assessments." If such assessment is not paid within ten days, Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication. ORDINANCE NO. 801-A14 GRANTED FIRST'READING. Councihnan Courtney offered the following ordinance and moved its adoption: ORDINANCE NO. 801-A14 AN ORDINANCE AMENDING ORDINANCE NO. 801 BY REQUIRING PAYMENT OF CONNECTION CHARGES EXISTING TOWNHOUSES PLATTED OR SUBDIVIDED WHEN R-2 LOTS ARE SUBDIVIDED AND THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section I. There is hereby added at the end of subparagraph (c) of Section 3 of Ordinance No. 801the following provisions: "Provided, that as conditions to the approval of such subdivision, , the owner of the iot to be subdivided shall make a separate and indepen- dent connection of each dwelling unit on the lot with the sanitary sewer and water mains, or obtain a waiver of such connection, and pay the con- nection charges therefor, if any, all as required by Ordinance Nos. 431, 1101, and 1111, and after such conditions are-met and'complied with, the City Clerk shall give a certified copy of the Council-'resolution approvini such subdivision. It I . (9 Sec. 2. There is hereby added to Section 3 of Ordinance No. 801 a new section (e), as follows: .. . "(e) previously buflt and then existing townhouses, as defined in Ordinance No'. 811, each townhouse shall be separately and independently connected to the sanitary sewer and water mains, or the requirement for such connections shall be waived, and the connection charges therefor, if any, shall be paid, all as required by Ordinance Nos. 431, 1101, and 1111, and after such condi- tions are met and complied with, the City Clerk shall give a certified copy -of the Council resolution approving such plat or subdivision.'' As conditions to the approval of any plat or subdivision of- Sec, 3.-This ordinance shall be in full force and effect immediately upon its passage and publication, and when effective, shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota. ORDINANCE NO. 1101-A6 GRANTED FIRST READING. Councilman Shaw offered the fol- lowing ordinance for First Reading : ORDINANCE NO. 1101-A6 AN ORDINANCE AWNDIVG ORDINANCE NO. 1101 . TO ESTABLISH CHARGES FOR CONNECTION TO THE MUNICIPAL SANITARY SEWER SYSTEM AND TO REPEAL THE REQUIREMENT FOR CONNECTION CHARGES WHEN 1 R-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : r Section 1. Section 5 of Ordinance No. 1101 is hereby amended to read*as I. 10/4/ 76 "Sec. 5. Policy Regarding Connection Charges. A connection charge shall be made for each connection made or required to be ,made to the City sanitary i 00 b fr7 la. W sewer system, even though the connection requirement is waived pursuant to Ordinance No. 431. In determining the amount and reasonableness of the charge, the Council may give consideration to all costs of the establishment, opera- tion, maintenance, depreciation, and necessary replacements of the system, and of improvements, enlargements, and extensions necessary to serve the City adequately, including the principal and interest to become due on obligations issued or to be issued therefor, and may, in its discretion, fix the charge by reference to the portion of the cost of the system which has been paid by assessment against the premises to be connected, or required to be connected, in comparison with other premises ?sing the system, in addition to the cost of making or supervising the connection. determined by resolution of the City Council at the time a connection is made or is required to be made, and shall be payable in full prior to such connection being made, or the requirement therefor being waived, or it may be made payable in installments, as determined by the Council. If payable in installments, the amount unpaid from time to time shall bear interest at the rate charged by the City on special assessments at the time of such applica- tion. The charge shall be payable by the owner. connection with a plat or subdivision approved. pursuant to Ordinance No. 801, the charge may be made a part of the Developer's Agreement required by Ordinance No. 801 and payable as if it were an improvement made pursuant to (B) of Section 8 of said Ordinance No. 801, and payment thereof shall be secured in the same manner as payment for such improvements. Also, any connection charge or installment thereof, or interest thereon, not paid when duefand remaining unpaid at the time when the annual tax levy is transmitted to the County Auditor may be certified to the County Auditor with taxes against the premises so connected or required to be connected for collection as other taxes are collected." Such charge shall be I If the charge is made in Sec. 2. Section 6 of Ordinance No. 1101 is hereby amended to read as follows : "Sec. 6. Connections to Trunk Sewer Mains. It is the policy of the City to levy special assessments on properties abutting upon lateral sewer mains for payment of the entire cost of such mains. mains capable of direct connection to structures on abutting property, it is the policy of the City to require a portion of the cost thereof approximately equal to the cost of construction of a lateral sewer main at the same time and place (referred to herein as 'lateral cost') to be paid either by the - levy of special time a connection is made or required to be made to the main, even though the connection requirement is waived pursuant to Ordinance No. 431; the remaining cost (referred to herein as 'trunk cost') being assessed, so far as considered equitable, upon all properties deemed capable of connection with the trunk main either directly or through laterals. nine inches in diameter, and trunk mains include all of larger diameter. all cases where any premises abutting on a trunk sewer main receive no special assessments for payment of a share of the lateral cost thereof, whether or no- such properties are assessed for the trunk cost of the main, the Council, by resolution, adopted either at the time the assessments are levied for the trunk cost of the main or at the time a connection is made or required to be made of such abutting premises to the trunk sewer main, even though the connection requirement is waived pursuant to Ordinance No. 431, shall determine the amount to be charged for connection of such abutting premises to the trunk sewer main. the Council may give consideration to all costs of the establishment, operation, maintenance, depreciation, and necessary replacements of the system, arid of improvements, enlargements, and extensions necessary to serve the City adequately, including the principal and interest to become due on obligations issued or to be issued therefor, and may, in its discretion, fix the charge by referenct to the portion of the lateral cost of the system which has been paid by assessment against the premises to be connected, or required to be connected, in comparison with other premises using the system, in addition to the cost of making or supervising the connection. Such charge shall be pay- able in full prior to such connection being made, or the requirement therefor being waived, or it may be payable in installments, as determined by the Council. If payable in installments, the amount unpafd from time to time shall bear interest at a rate determined in the same manner as set out at Section 5 above, and shall be payable by the person, and may be certified to the County Auditor for collection, as set out in said Section 5. Further, In the case of trunk sewer . I assessments upon such property, or by a charge made at the Lateral sewer mains are normally In In determining the amount and reasonableness of the charge, ' if the charge is made in connection with a plat or subdivision, it may be made a part of the Developer's Agreement required by Ordinance No. 801, payable and secured in the same manner as set out in Section 5 above. All connection charges so received shall be crcditied to the fund of the trunk sewer main improvement involved or, if such improvement has been financed by the issuance of bonds, to the Improvement Bond Redemption Fund, or shall be * used to pay for maintaining and operating such trunk sewer main and the City's sanitary sewer system." Sec. 3. Section 7 of Ordinance No. 1101 requiring connection charges when lots in the R-2 District are subdivided is hereby repealed. Sec. 4. This ordinance shall be in full'force and effect upon its pass- age and publication. I OPJlINANCE NO. llll-A4 GRANTED FIRST READING. Councilman Courtney offered the following ordinance for First Reading : ORDINANCE NO. llll-A4 AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO ESTABLISH CHARGES FOR CONNECTION TO THE >iUNICIPAL WATER SYSTEM AND TO REPEAL THE REQUIREMENT FOR CONNECTION CHARGES NHEN R-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: I Section 1. Section 5 of Ordinance No. 1111 is hereby amended to read as follows : "Sec. 5. Policy Regarding Connection Charges. A connection charge shall be made for- each connection made or required to be made to the City water system, even though the connection requirement is waived pursuant to Ordinance 30. 431. In determining the amount and reasonableness of the charge, the ' CounciT nay give consideration to all costs of the establishment, operation, maintenance, depreciztion, and necessary replacements of the system, and of improvements, enlargements, and extensions necessary to serve the City adequately, including the principal and interest to become due on obligations issued or to be issued therefor, and may, in its discretion, fix the charge by reference to the portiori of the lateral cost of the system which has been paid by assessment against the p.remises to be connected, or required to be connected, in comparison with other premises using the system, in addition to cost of making or supervising the connection. Such charge shall be detei-mined by resolution of the City Council at the time a connection is made or required to be rcade, and shall be payable in full prior to such connection being made, or the requirement therefor being waived, or it may be made payable in installments, as determined by the Council. If payable in installments, the the CiCy on special assessments at the time of such application. The charge shall be payable by the owner. or subdivision approved pursuant to Ordinance No. 801, the charge may be made a part of the Developer's Agreement required by Ordinance No. 801 and payable as if it were an improvement made pursuant to (B) of Section 8 of said Ordinance No. 801, and payment thereof shall be secured in the same manner as payment for such improvements. thereof, or interest thereon, not paid when due and remaining unpaid at the time when the annual tax levy is transmitted to the.County Auditor may be certified to the County Auditor with taxes against the premises so connected or required to be connected for collection as other taxes are collected.? . I . . amount unpaid from time to time shall bear interest at the rate charged by If the charge is made in connection with a plat Also, any connection charge or installment Sec. 2. Section 6 of Ordinance No. 1111 is hereby amended to read as follows : "Sec. 6. Connection to Trunk Water Nains. It is the policy of the City to levy special assessments on properties abutting upon lateral water mains -- for payment of the entire cost of such mains. mains capable of direct connection to structures on abutting property, it is the policy of the City to require a portion of the cost thereof approximately equal to the cost of construction of a lateral water main at the same time and place (referred to herein as 'lateral cost') to be paid either by the levy- of special assessments upon such property or by a charge made at the time a connection is made or required to be made to the main, even though the con- nection requirement is waived. pursuant to Ordinance No. 431; the remaining , cost (referred to herein as '*trunk cost') being assessed, so far as considered equitable, upon all properties deemed capable of connection with the trunk main either directly or through laterals. ' Lateral water mains are normally In the case of trunk. water 10/4/76 u W six, inch s in diameter, and trunk main include 11 of larg 1: diameter. In all cases where any premises abutting on a trunk water main receive no special assessment for payment of a share of the lateral cost thereof, whether or not: such properties are assessed for the trunk cost of the main, the Council, by resolution, adopted either at the time the assessments are levied for the trunk cost of the main or at the time a connection is made or required to be made of such abutting premises to the trunk water main, even though the con- nection requirement is waived pursuant to Ordinance No. 431, shall determine the amount to be charged for connection of such abutting premises to the trunk water main. In determining the amount and reasonableness of the charge, the Council may give consideration to all costs of the establishment, operation, maintenance, depreciation, and necessary replacements of the system, and of improvements, enlargements, and extensions necessary to serve the City . adequately, including the principal and interest to become due on obligations issued or to be issued therefor, and may, in its discretion, fix the charge . by reference to the portion of the lateral cost of the system which has been paid by assessment against the premises to be connected, or required to be connected, in comparison with other premises using the system in addition to cost of making or supervising the connection. full prior to such connection being made, or the requirement therefor being waived, or it may be payable in installments, as determined by the Council. If payable in installments, the amount unpaid from time to time shall bear interest at a rate determined in the same manner as set out at Section 5 above, and shall be payable by the person, and may be certified to the County Auditor for collection, as set out in said Section 5. Further, if the charge is made in connection with a plat or subdivision, it may be made a part of the Developer's Agreement required by Ordinance No. 801, payable and secured ' in the same manner as set out in Section 5 above. All connection charges so received shall be credited to the fund of the trunk water main improvement involved or, if such improvement has been financed by the issuance of bonds, to the Improvement Bond Redemption Fund, or shall be used to pay for main- taining and operating such trunk water main and the City's water system." Such charge shall be payable in Sec. 3. Section 7 of Ordinance No. 1111 requiring connection charges when lots in the R-2 District are subdivided is hereby repealed. Sec. 4. This ordinance shall be in full force and effect upon its passage and publication. ORDINANCE NO. 11242 ADOPTED. Councilman Courtney offered Ordinance No. 112-A2 for First Reading with waiver of Second Reading and moved its adoption in con- formance with State legislation establishing term of office for the Mayor: AN ORDINANCE AMENDING ORDINANCE NO. 112 ORDINANCE NO. 112-A2 TO PROVIDE A FOUR-YEAR TERM FOR THE MAYOR BEGINNING WITH THE 1976 ELECTION Section 1. Ordinance No. 112 is hereby amended by adding thereto a Section 4, as follows: the Mayor shall serve for a term of four years." Sec. 4. Term of Mayor. Beginning with the 1976 election, and thereafter, It Sec. 2. This ordinance shall be in full force and effect upon its passage and , publication. Motion for adoption of the Ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Ordinance adopted. 5OTH STREET LIQUOR STORE APPROVED IN CONCEPT. Mr. Hyde advised Council that Mr. Dalen had suggested that the City should receive more from the H.R.A. for the sale of the present 50th Street Liquor Store. Mr. Luce presented the 50th and France Plan which indicated the location of the proposed new liquor store and advised that the net cost is estimated to be $110,708, a breakdown of which cost is as follows : Purchase from HRA $ 64,780 Purchase from Lund 1,070. Sale to Larson -40,780 Repurchase from Larson 246 , 432 Air Kights to Larson -6,130 Delivery Easement to Larson -18,000 Walk Easement to Larson 0 Stairway Construction for HRA -9,600 Former Store to RRA - 128,064 Net Cost of New Liquor Store $110,708 After deliberations and review of the cost of lands and buildings and the pro- posed trades of the various sites, Councilman Richards moved that the concept of the 50th Street Liquor Store be approved and that the staff be authorized to proceed to acquire the new liquor store for a price not to exceed a net cost of $110,708, with the agreement that if the cost of the new building is less than presently estimated, the City will share in any cost saving, was seconded by Councilman Courtney. Motion Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None a Motion carried. 1942 SXGHAL AGREEMENT WITH MINNENPOLIS CANCELLED. As recommended by Mr. Dunn, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize cancellation of the Signal Agreement with Minneapolis dated March 16, 50th and France Ave. Motion for adoption of the resolution was seconded by Councilman Richards. 1942, for the signals at Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. STATE AID FUNDING FOR FRANCE AVENUE SIGNALS DISCUSSED. Dunn, Councilnian Courtney offered the following resolution and moved its adoption : As'recommended'by Mr. RE SOLUT ION SUPPLEMENT CITY OF EDINA HRA PROJECT WHEREAS, it has been deemed advisable and necessary for the City of Edina to supplement a construction project located on France Avenue within the limits of the municipalities of Minneapolis and Edina by participation in the construction NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby appro- priate from its Municipal State-Aid Street Funds the maximum allowable sun in accordance with the calculations of the Minnesota Highway Department Traffic Division to supplement the construction of said project and request the Commis- sioner of Highways to approve this authorization. Xotion for adoption of the resolution was seconded by Councilman Shaw. FOR APPROPRIATION OF MUNICIPAL STATE-AID FUNDS TO . of traffic signals on portions thereof; Rollcall: Ayes : Nays:. None Motion carried. Courtney, Richards, Shaw, Van Valkenburg . LIQUOR FTJND as of August 31, 1976, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Courtney, seconded by Councilman Shaw . Ayes : Courtney, Richards , Shaw, Van Vallcenburg Nays: None Motion carried. HUD OFFICE MOVED TO EDINA. Rousing and Urban Development have been moved to the United States Agriculture Building on France Avenue. Mayor Van Valkenburg reported that the offices-of the CLAIMS PAID. paymznt of the following claims as per Pre-List: Poor Fund, $100.00; Park Fund, $12,323.26; Park Construction, $340,282.59; Pool, $1,824.14; Golf, $6,346.29; Arena, $3,828.43; Gun, $203.13; Water, $33,228.74; Sewer, $3,196.49; Liquor, $185,324.21; Construction, $111.52; Total, $694,766.69, - Motion of Councilman Shaw was seconded by Councilman Courtney for General Fund, $107,997.89; ' Council's agenda having been covered, Councilman Richards motion for adjournment was seconded by Councilman Courtney. Adjournment at 10:30 p.m. .I -, . .i