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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
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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
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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
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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.
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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,
..
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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.
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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
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Also, as
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10/4/76
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"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
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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
-,
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