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HomeMy WebLinkAbout19761018_regular, MINUTES OF THE REGULAR NEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL, OCTOBER 18, 1976 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg . MINUTES of the meeting of September 20, 1976, were approved as presented by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, LEAGUE OF WOMEN VOTERS RECOGNIZED FOR OUTSTANDING SERVICE TO CITY. Councilman Courtney offered the following Resolution of Appreciation for the League of Women Voters and moved its adoption as read by Mayor Van Valkenburg as follows: RECOLUTION OF APPRECIATION I WHEREAS, the League of Women Voters is an organization.dedicated in its efforts to educate the voting public of the United States of America and to encourage all citizens to exercise their mandate to vote at all elections; and WHEREAS, members of the Edina League of Women Voters have, over the years, served as observers at City Council Meetings and meetings of various other City boards and commissions In an attempt to keep the citizenry knowledgeable about their City government; and WHEREAS, for many years, the Edina League of Women Voters has conducted Candidates' Meetings to give Edina residents an opportunity to learn more about the candidates and the various issues at all levels of government; and WHEREAS, the Edina League of Women Voters over many years has been of great assist- ance in registering voters for the City of Edina at the Edina City Hall at times when registration has been particularly heavy and, in recent years, has gone out *into the community to register voters at Southdale Center, at nursing homes, at the schools and at residences €or the elderly; and IIHEREAS, the Edina League of Women Voters is planning to transport voters who are uiiab1.e to obtain other transportation to the polls on November 2, 1976, and will further serve the community by continuing the practice of going to the various polling places on Election Night and reporting the results of each precinct to the news media; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby commend for its outstanding service to the citizenry and does hereby acknowledge the out- standing dedication of,the Voter Service Chairmen who have served so diligently over the years, with special recognition being given to the present Voter Service Chainnan, Mrs. Ronald J. (Kay) Each, and to the present President of the Edina League of Women Voters, Mrs. Frances S. (Virginia)Bodine; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the City of Edina in appreciation of the efforts of the Edina League of Women Voters and that an appropriate copy be presented to Mrs. Bodine as the representative of all members of the Edina League of Women Voters. Motion for adoption of the resolution was seconded by Councilman Shaw and unani- mously carried. THE EDINA LEAGUE OF WOMEN VOTERS YOUTH APPRECIATION WEEK PROCLAIMED. proclamation: WdEREAS, the vast majority of youth are concerned, knowledgeable and responsible citizens; and WHEREAS, the accomplishments and achievements of these young citizens deserve recognition and praise of their elders; and WHEREAS, Optimisr International has for the past twenty-two years promoted and conducted a program entitled Youth Appreciation Week, which this year is to be observed November 8-14; and WHEREAS, the citizens of Edina have indicated a desire to join with the Opti- mists in expressing appreciation and approval of the contributions of youth, I, James Van Valkenburg, therefore prcclaim November 8-14, 1976, as Youth Appreci- ation Week in Edina, Minnesota. By this action let it be known that we have faith in the ability of today's youth as they assume responsible roles in the future of mankind. Motion for approval of the. proclamation was offered by Councilman Courtney, sec- onded by Councilman Shaw and carried unanimously. Mayor Van Valkenburg issued the following PROCLAMATION IMPROVEMENTS NOS. P-BA-220 AhQ P-S-19 ABANDONED; TO BE RECONSIDERED AT LATER DATE. Mr. Dunn recalled that Street Improvement No. P-BA-220 (W. 69th Street from France Avc:. to Xerxes Ave. and $idewalk Improvement No. 1'-S-19 (South side W. 69th St. c. from France Ave. to Xerxes he.) had been continued several times since April 19, 1976, the last time having been continued Erom September 20, 1976. tlr. Dunn recommended against construction of the improvements at this time because of the County improvements proposed for 1977. existing and proposed sidevalks which would be included in the master plan for the area and explained that the sidewalks should be constructed at the same time as the streets are under construction. Nrs. Virginia Bodine, 6521 Gleason Road, and Mrs. Allison Fuhr, 6609 Brittany RGad, were told that crossvalks would not be constructed on France Ave. between W. 66th and I?. 69th Streets. As recommended by Mr. Dunn, Councilman Courtney's motion was seconded by Councilman Shaw that the projects be abandoned at this time and that hearings be conducted after the first of the year on Zhe Using the view-graph, Mr . Uunn showed Southeast Edina Sidewalk Concept Plan. I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SANITARY SETJER IMPROVEMENT NO. P-SS-333 AND WATERMAIN IEIPROVENENT NO. P-Ifif-305 AEANDONED. Watermah Improvement No. P-Tal-305 proposed to be constructed in Marth Road North of W. 78th Street had been continued from August 16, 1976. He advised that a letter had been received from Mr. R. C. Evanson, 7717 Narth Road advis- ing that he would not sign the necessary easements at this time because he feared that the sewer and water improvements would be dropped once the easements were granted. obtain natural gas service for the neighborhood. lot on the Northeast corner of Marth Road and W. 78th Street, suggested that. residents were being prfced out of their homes. Road said that the cost of the improvements would have been less if they had been constructed with the N. 78th Street improvements.last spring. discussion being heard, Councilman Courtney's motion that the improvements be abandoned at this time was seconded by Councilman Shaw. lfr. Dunn recalled that Sanitary Sewer Improvement No, P-SS-333 and Mr. Evanson also expressed his hope for a cooperative effort to, Er. Jeff Noulton, owner of a Nr. John Koenst of Marth No further Ayes: Courtcey, Richards, Schmidt, Shaw, Van Valkenburg ?Jays: None Motion carried. OWINANCE NC. 811-A79 GRANTED SECOND READING. Nr. Sand recalled that after the Council granted First Reading to Ordinance No. 8ll-A79 rezoning the Jonathan Grimes House at 4200 W. 44th Street to the Heritage Preservation District, the Eeritage Preservation Board reconsidered the proposed zoning. sion with Mr. Foster Dunwiddie and Mr. Arnold Langberg, the new owner of the house, the Eeritage Preservation Board amended their recommendations to rezone only the exterior of the house, with an advisory list of interior features t%t should be reserved. features be reserved and that list appended to the rezoning. The list included the interior blinds in the front sitting room, the original'four panel doors and hi2ges, the plaster ceiling rims for chandeliers, two 05 the three original chimneys, the. original plain bevelled wood base and trim and the side lights at the front door. that such a list being "advisory" and not "binding" should be included in the minutes, but should not properly be put ther discussion being heard, Councilman Courtney offered the follc,wing ordicance for Second Reaiing and noved its adoption as follows, with the understanding 'chat the advisory list of interior features to be reserved are binc?ing on the present owners but not on any future owners- Followir,g discus- The Board recommended that an advisory list of interior City Attorney Erickson advised Mr. Dunwiddie and Bfr. Langberg of record with the ordinance. No fur- ORDINANCE NO. 811-A79 AN ORDINANCE AElENDIRG THE ZOXING ORDINANCE (NO. 811) BY ADDING TO THE HISTORIC PRESERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, LvlINNESOTA, ORDAINS: Section 1. Section 11 of Ordinance No. 811-of the City of Edina is hereby anended by adding the following thereto: I1 Sec, 9. The bourrdaries of ths Heritage Preservation District shall include the following described property: The Eortheasterly 95 feet of the Southwesterly 145 feet of Lot 15, 'Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead', according to the plat thereof on file and of record in the office of the Register of Deeds in and for Hennepin County, Minnesota;" and other lands which are hereafter added to this paragraph by amendments to this ordinance. Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Boundaries of Heritage Preservation District. This ordinance shall be in full force and effect upon its passage 10/18/76 Rollcall: Ayes : Courtney, Ricliards , Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : ORDINANCE NO. 811-A82 GRANTED SECOND READIMG. Councilman Courtney offered Ordin- ance No. 811-A82 for Second Reading and moved its adoption: AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT ORDINANCE NO. 811-A82 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: I w ,a ORDINANCE NO. 811-A83 GRANTED SECOND READING. following ordinance for Second Reading and moved its adoption: Councihan Courtney ofr'ered the ORDINAA'CE NO. 811483 ALul ORDINANCE ANENDING THE ZONING ORBINANCE (NO. 811) TO RESTRICT ONE DWELLING TO A LOT OR PLOT WITHIN THE SINGLE FAMILY DWELLING DISTRICT (R-1) OR WITHIN hereby Section 1. amended by adding the following thereto: "That part of West Shore Drive as platted in Lake Edina 3rd Addition lying within the following described boundary: east corner of Lot 3, Block 1, Lake Edina 5th Addition; thence North- westerly, at an angl%e 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 cgrve 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 oE the North- west corner of said Lot 2; thence Easterly to the point of beginning, which is in Subdistrict R-2." The above described property is now a part of Lot 7, Block I, Lake Edina Village Replat. Sec. 2. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is Beginning at the North- 0 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, Schmidt, Eays: None Ordinance adopted. ATTEST : 8- City Clerk DISTRICT R-2 OF THE MlJLTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA. MINNESOTA. ORDAINS: Section 1. Paragraph 5 of Sec. 13 (Administration) of Ordinance No, 811 "5. is hereby amended to read as follows: erected or placed on any one lot or plot within the Single Family Dwelling District (R-1) or within District R-2 of the Multiple Residence District unless: a variance has been granted pursuant to paragraph 6, Sec. 13 of Ordinance No. 811, to ai3.0~ more than one dwelling; or the lot or plot is divided, without platting pursuant to Ordiiia&e 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." Ser,. 2. age and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. One Dwelling per Lot or Plot. Not more than one dwelling shall be "(a) "(b) the lot or plot is platted or subdivided into two or more lots This ordinance shall be in full force and effect upon its pass- Rollcall : Ayes: Nays: None Ordinance adopked, ' Courtney, Mchards, Schmidt, Shaw, Van Valkenburg ATTEST : ORDINANCE NO. Sll-A84 GRANTED SECOND READSNG. Council-man Richards offered lirdin- snce No. 811-A84 for Second Reading and inoved its adoption as follows: - ORDINANCE NO. 8 11484 AX OZDINANCE AMENDING THE ZONING ORDIMANCE (NO. 811) TO CHANGE THE PEE FOR FILING B PETITION REQUESTING THE TFdTSPER OF LAND TO ANOTHER ZONING DISTRICT 'I THE CITY COUNCIL OF THE CITY OF EDINA, MIX'MESOTA, ORDAINS: 811 is hereby amended ro changing the fee for petitions for the transfer of land to another district to $450. Sec. 2. age and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Secticn 1. Subparagraph (d) of'paragraph 6 of Section 13 of Ordinance No. This ordinance shall be in full force and effect upon its pass- Rollcall : Ayes: Courtney, Richards, Schmidt, Sha Nays: None Ordinance adopted, ATTEST : 8Ld. City Clerk .1 . ORDIEANCE. NO. 801-A13 ADOPTED ON SECOND READING. Councilman Shaw offered Ordin- ance No. 801-Al3 for Second Reading and moved its adoption as follows: ORDINANCE NO. 801-A13 AE ORDZi\WNCE BENDING ORDINANCE NO. 801 TO CWGE FEES CHARGED FOR FILING AND PROCESSING PLATS ANI SUBDIVISIONS THE CITY COUNCIL OF THE CITY OF EDINA, MNMESOTA, ORDAINS: as follows: 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 followiag schedule €or 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: No. plus $5 per lot 'Section 1. Ssction 2 of Ordinance No. 801 is hereby amended to read Sec. 2. Filing Plats and Subdivisions; Fees. All plats and subdivisions 11 $50 For the division of one or more lots as defined in Ordinance I1 811, where no ne1.7 buildable lots are created, a fee of: $20 $150, "For all other plats and subdivisions, a fee of: Rejection of the plat or subdi-vision by the City Council or abandonment or withdrawal of the proposed plas or subdivision by the proponent shall not entitle the person who paid the fee to the return of all or any part thereof." Sec. 2. This ordinance shall be in full force and effect upon its pass- age and publication, and when effective, shall be filed with the office of the Recorder of beeds, Hennepin County, Minnesota. Motion for adoption of the ordinance was seconded by Councilman Courtney. -Roilcall : Ayes: Courtney, Richards, Schmidt, S Nays: Norie Ordinance adopted. r ATTEST : YLA0 au. City Clerk ORDINANCE NO. 801412 GRANTED SECOhTD READING. Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: ORDIl$WCE NO. 801-A12 AI? ORDINANCE AMENDING 0RDINkNCJ.C NO. 801 TO REQUIRE DEDICATION OF LAND OR CONTRIBUTION OF CASH FOR PUBLIC-PURPOSES THE CITY COUNCIL OF TBE CITY OF EDINA, MINNESOTA, ORDAINS: I 10/18/76 S ction 1. Subparagraph (a} of Section 4 of Ordinance No. 801 is hereby amended to read as follows: as amended, "(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 combination 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 set 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 land Any rnoney 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 connection with land previously acquired for such public pur- poses. land' is defined as the fair market value of the land within such plat, replat, or subdivision 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 he determines the fair market value of land for tax purposes, excluding, in determining such value, all value added to such land by improve- ments, including 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 publicat ion. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall : , Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg ' ,is in excess of the open space then required by Ordinance No. 811. d.l 00 b p7 El W For purposes of this ordinance, 'fair market value of the ur?developed Sec. 2. This ordinance shall be in full force and effect upon its passage Nays: None Ordinance adopted.* ATTEST : " cd - &/ City Clerk ORDINA"E NOS. 311~A85Y &+I) 801rA15 G?&TTED FIXST xm&IXG. Affidavits of Botj-ce were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Ordinance Nos, 811-AS5 and 801-A15 for First Reading as recom- mended by the Planning Commission, advising that the ordinances clarified the procedures under which signs are to be erected to'notify the public that action will be considered by the Planning Commission for a particular site. Councilman Richards expressed his concern that the signs might not be erected in time to assure that they would be seen by all interested parties. He was assured by Mr. Luce that administratively a petition for hearing before the Planning Comission must be received ten days before a Planning Commission meeting and that proof of the erection of the sign must be provided at the time the petition is accepted for the Planning Comm-ission agenda. 6609 Brittany Road, in regard to the possibility of written notices being sent out by the Planning Commission, Councilman Richards suggested that Mrs. Fuhr con- tact the Planning Commission with her suggestions. No further comments being heard, Councilinan Courtney offered the following ordinances for First Reading: In response to a question of Mrs. Alison Fuhr, ORDINANCE NO. 811-A85 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO REQUIRE THE PLACING OF SIGNS ON LAND ~~ROPOSED TO BE REZONED THE CITY COUNCIL 3F THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. mn Required. Subparagraph (d) of paragraph 6 of Section 13 (Administration) of Ordinance No. 811 is hereby amended to have the paragraph thereof relating to signs changed to read as follows: If the petition is for the transfer of land to another district, petitioner (1 10/18/76 shall erect, or cause to be erected, at least one sign per street front- age on the land described in the petition. The sign or signs shall be of a design approved by the Planning Department and shall be 36 inches by 60 inches in slze, shall have letters at least four-inches high using Helvetica medium type face or other letter style approved by the Planning Department, shall be constructed of sturdf material , shall be neatly lettered, and shall be easily viewable from, and readable by, persons on the adjcining street right-of-way. following information: The sign or signs shall contain the 'This property proposed for rezoning by : '(Name of Petitioner) . '(Telephone of Petitloner - 'For information contact Edina Planning Department, Phone No. 927- 8861. "The sign shall be erected not less than ten (10) calendar days before the first hearing on the petition before the Planning Commission. tion shall not be deemed filed and the Planning Commission shall not be required to hold any hearings on the petition until the sign has been erected as herein required and for at least the required number of days preceding the hearing, and the petitioner has submitted to the Planning Department a duly signed affidavit, with pictures, evidencing that such sign has, or signs have, been erected as required. The sign or signs at all times shall be kept in good repair and shall be maintained in place until a final decision on the petition has been made by the Cit,y after such final decision. The failure of any petitioner to fully comply with the provisions of this paragraph relating to such sign or signs shall not prevent the Planning Commission and City-Council from acting on such petition nor invalidate any rezoning granted by the City Council. If such signs are not kept in good repair or removed as herein required, then such signs shall be deemed a nuisance and may be abated by the City by proceedings under'llinnesota Statutes, Chapter 429, and the cost of abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or the person requesting such plat, replat, or subdivisfon may be prosecuted for violation of this ordinance, and if convicted, shall be guilty of a mikdemeanor ahd subject to a fine not exceeding $300, or imprisonment for a perlod.noe exceeding 90 days, with costs cf prosecution, in either czse, to be added. good repair or not removed shall be a separate offense." Sec. 2. The peti- ' Council, and shall be removed by the petitioner within five (5) days 4 I Each period of 24 hours during which such signs are not in This ordinance shall be in full force and effect upon its passage . *> and publication.' ORDINANCE NO. 801-A15 AN ORDINANCE AMENDING THE PLATTING ORDINANCE (NO. 801) TO REQUIRE THE PLACING OF SIGNS ON LAND PROPOSED TO BE PLATTED, REPLATTED, ". OR SUBDIVIDED, Ah?) PRESCRIBING A REMLTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA; ORDAINS: Section 1. Sign Required. Subparagraph (e) of See. 3 "(e) The persons requesting approval of a plat, replat, or SO1 is hereby amended as follows: of Ordinance $To. subdivision of land shall erect, or cause to be erected, a sign or signs as required by subparagraph (d) of paragraph 6 of Section 13 of Ordinance No. 811, except that the information contained thereon shall be as follows: ' (Names of Persons Requesting) '(Telephones of Persons Requesting) '"For information contact Edina Planning Department, Phone No. 927- 8861. ' 'This property proposed for subdivision into lots. The erection of such sign or signs shall be evidenced as set out in said 11 Ordinance No. 811, knd such plat, replat, or subdivision shall not be deemed presented to the City, and need not be reviewed or acted upon by the Planning Commission or City Council; until such sign has, or signs have, been erected for at least ten (IO) calendar days preceding the first hearing by the Planning Commission, and evidence thereof submitted as required by said Ordinance No. 811. The sign or signs at all times shall be kept in good repair and shall be maintained in place until a final decision on the request has been made by the City Council, and shall be removed by the person requesting approval of such plat, replat, or subdivision within five (5) days after such final decision. The fialure of any such person to fully comply with the provistons of this.paragraph relating to such sign or signs shall not prevent the Planning Commission and City Council from actink on such request nor invalidate any approvals . . ~ . . 1101 181 70 granted by the City CoGcil. removed as herein required, then such signs shall be deemed a nuisance and 'may be abated by .the City by proceedings under Minnesota Statutes, Chapter 429, and the cost of abatement, including administrative expenses, may be levied as a special assessment against the property upon which the sign is located, or the person requesting such plat, replat, or subdivision may be prosecuted for violation of this ordinance, and if convicted, shall be guilty of a misdemeanor and subject to a fine not exceeding $300, or imprisonment for a period not exceeding 90 days, with costs of prosecution, in either case, to be added. period of 24 hours during which such signs are not in good repair or not removed shall be a separate offense." Sec. 2. and publication and when effective shall be filed with the office of the Register of Deeds, Hennepin County, Minnesota, If such signs are not lcept in good repair or Each This ordinance shall be in full force and effect upon its passage LOTS 29 AND 30, WARDEN ACRES (5420 BENTON AVE.) DIVISION APPROVED. Mr, Luce recalled that the division of Lots 29 and 30, Warden Acres (5420 Benton Ave.) had been continued from October 4, 1976, as requested by the petitioner. He clarified that the proponent is requesting to subdivide Lot 30 and a portion of Lot 29, Warden Acres into two lots'of 80 and 86 feet in width, and advised that the $600 payment of parkland dedication fee has already been paid and that a 25 foot strip along the North boundary of the property for road purposes has been dedicated as required by the Planning Commission. that houses on both lots will face Benton Avenue and that a temporary cul-de- sac may be needed in the future. offered the following resolution and moved its adoption: WHEXEAS, the following described property is at present a single tract of land! WHEREAS, the owner has requested the subdivision of said tract into separate parcels herein called "Parceis") described as follows : The West 85.98 feet of Lot 30, Warden Acres; and The West 20.52 feet of Lot 29 and all of Lot 30, Warden Acres except the West 85.98 feet thereof; and - Council was advised No objections being heard, Councilman Richards RESOLUTION Lot 30 and the West 20.52 feet of Lot 29, Warden Acres; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessa.ry hardsh5-p and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City. of. Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts uf land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further Subdivision be made of said Parcels Gnless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Courrcil as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, S'naw, Van Valkenburg Nays: None Resolution adopted. RYAN'S ADDITION PRELIMINARY PLAT APPROVAL CONTINUED TO NOVEMBER 15, 1976. Luce presented Ryan's Addition for preliminary approval, recalling that this matter had been continued from the meeting of October 4, 1976. the Planning Comiission, in a split decision, had recommended denial of the pro- 1. Addition; and 2. Addition and the surrounding area. Within LaBuena Vista Addition, there exists a symmetry of housing which would be changed by this subdivision. Mrs. John E. Ryan, 6813 Limerick Lane, pointed out that the resultant lots are comparable in size to the lots facing on Brook Drive with the smaller of the two lots having a square footage of 12,200 square feet, well above the Edina minimum of 9,000 square feet. across the street of 121 feet, 85 feet and I05 feet. which is 6300 square feet or 17% of the total property will be dedicated to the City and referred to a letter signed by owners of twelve adjacent properties Mr. He advised that I posed subdivision for the following reasons: The lot sizes would be inconsistent with other lots in the LaBuena Vista Although there are similar lot sizes in a subdivision across the street, ;Limerick Lane provides an excellent, dividing line between the LaBuena Vista The proposed lot would have 116 front feet compared with lots She added that Outlot A, . 10/ 18/76 advising that they would not oppose the subdivision. quested that Mr, Luc2 furnish exact information as to the location of other lots in LaBuena Vista for which previous divisions had been requested and the reasons given in the minutes for actions taken by the Council. the Environmental Quality Commission make an evaluation of the proposed plat. Councilman Richards expressed his concern that if this plat should bi! approved, the Council would be deluged with similar requests. then seconded by Councilwoman Schmidt that the hearing be continued to November 15, 1976. Councilman Richards re- He dS0 requested that . Councilman Shav's motion was Ayes: Courtney, Richards, Schmidt,, Shaw, Van Valkenburg Nays: None Motion carried. LAPEPINIEREADDITION GRANTED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, zpproved as to form and ordered placed on file. sented LaPepinierrhddition for preliminary approval, advising that this proposed one lot plat is lgcated South of TJ. 70th Street, \?est of Cahill Road and North of Future Amundson Ave, extended. =tension of Amundson Avenue and the West half of Cahill Road would be dedicated to the City and that a $1,500 parkland dedication fee will be required. clarified that this 3/4 acre site is zoned R-3 and that 10 units sould be permitted on the property. property to the together at the time they are presented for final plat approval. to a question of Councilman Richards, Mr. Erickson said that if the plat for'the Findell property is brought in, the Council would have a right to grant varimces to any platting requirement. Councilman Courtney offered the following resolution and moved its adoption: Mr. Luce pre- He explained that the North half of the future lfr. LUCP, Mr. Lme added that Mr. Findell will shortly be platting his West and that the parkland dedication for both plats may be tied In response RESOLUTION GRANTING PRELIXINARY PLAT FOR LE PEPINIERE ADDITION BE IT mSOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled LePepiiliare Addition presented at the Edina City Council Xeeting of October 18, 1976, be and is hereby granted preliminary plat approvaf, sGbject to the submission of a parkland dedication fee in the amount of $1,500. Motion for adoption of the resolution was seconded by Councilman Shaw. . Rollcall: R Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: Hone ' . Resolution adopted. PURCHASE OF CARS AND TRUCKS APPROVED FOR POLICE AND FIRE DETARTEIENTS. Mr. Wde presented tabulation of bids for various vehicles for the Police and Fire Depckt- ments, v7hich bids had been continued from October 4, 1976, and recommended pur- chase of the following to be paid for with l% funds: One 3/4 ton pickup for the the Fireaepartnent at $5,527.63,from North Star Dodge, one sub-compact sedan at 94,179 from Freeway Ford, three Mavericks from 'Freeway Ford at $4,385, three 3lcnacos at $4,707.90 from North Star Dodge, seven Monacos at $5,121.05 from North Star Dodge, and one Aspen at $5,080.06 from, North Star Dodge. Schmidt's motion approving tlze purchase of the vehicles as recommended by the City xaagcr Tqas seconded by Couzlcilman Shaw and carried. reference to the consultant's recovmendation that cars be kept only three months. -. COi~ci~wo~an Mayor Val1 Valkenburg made TRAFFIC SIGNAL SYSTEM FOR 50TH AND HALIFAX APPROVED SUBJECT TO STATE AID APPROVAL. Hr. Hyde presented tabulation of six bids submitted in response to Advertisement ?or Bids in the Edina Sun and Construction Bulletin. Tabulation showed Collins Electric at' $36,760, ~Hoffman Electric at $37,700, Batzli Electric at $38,850, Electric Repair and Construction at $39,448, Egan-&Kay at $40,150 and Common- wealth Electric at $41,750. Councilman Courtney's motion for award to Collins Electric, recommended low bidder, subject to State Aid approval was seconded by Councilman Shaw. I. Ayes : Courtney, "chards, Schmidt , Shaw, Van Valkenburg -Nays: None Not ion carried. WELL REPAIRS AUTHORIZED. Mr. Hyde presented tabulation of bids for repairs to. Nells'Nos. 15 and 18. Tabulation for Well No. 15 showed Keys Well Drilling Co. low bidder at $8,510.00, Layne Minnesota at $11,106.90, Bergerson-Caswell, Inc., $12,846.00 and McCarthy Well Co. at $16,754.00. Tabulation for Well No. 18 showed Keys \?ell Drilling Company low bidder at $6,430.00, Layne Minnesota at $8,300.00, . Bergerson-Caswell, Inc. , at $8,100.00 and IlcCarthy Well Co. at $8,152.00. It was . brought out that these bids are based on estimated time 2nd repair item quantities and that the actual cost of work could vary considerably from the tabulation. Councilman Courtney's motion for award to recommended low bidder, Keys Well' Drill- ing Company, for both wells was seconded by Councilwoman Schmidt. loll8176 Ayes: Courtney, Richards, Schmidt, Shaw, Van Valltenburg Nays: None Mot ion carried. BROR ROAD PETITIONS REFERRED TO ENGINEERING DEPARTMENT. Motion of Councilman Shaw was seconded by Councilman Richards referring petitions for grading and graveling, permanent street surfacing and curb, sanitary sewer and watermain for Bror Road to the Engineering Department. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, BLAKE ROAD/VERNON AVENUE TRAFFIC SIGN REQUEST REFERRED TO TRAFFIC SAFETY CO&lMI'ITEE. The letter of Mr. Robert P. Boblett requesting some consideration of some signing at the intersection of Blake Road and Vernon Avenue was referred to the Traffic Safety Committee by motion of Councilman Richards, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. RICHARD GRIFFITH REQUEST FOR CHANGE IN WATER BILLING POLICY REFERRED TO MR. DALEN. Council's attention was called to a letter from Mr. Richard Griffith, 7100 Valley View Road, requesting that the water billing policy of the City be amended so that his sewer usage be based on spring quarter rather than winter quarter be- cause of a medical requirement to humidify his house during the winter months. Councilman Richards' motion referring the request to Mr. Dalen was seconded by YF 00 p. 03 u w Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Ways: None Mot ion carried. Yi. DORIS MAUER ENDORSEMENT OF RAINBOW MANAGEMENT DIVISION REZONING NOTED. A letter from Ms. Doris J. Maurer, 5741 Zenith Ave. S., urging approval of the proposed Rainbow Management Division rezoning for 51st and France Ave. was received and ordered filed with the zoning file. DE. FRED J. MISKA 9PPOSITION TO 55th !!NO FRUCE RFIZONING NOTED. A letter from Dr. Fred J. Miska, 3605 W. 55th Street, expressing his opposition to the proposed rezoning of property on W. 55th Street just East of France Avenue was ordered placed on file to be considered at the public hearing. 1: aken . SCOTT LEWISADDITION HEARING DATE SET for November 1.5, 1976, by motion of Council- man Courtney, seconded by Councilman Shaw. Messrs. Adam Zataraga, 6401 Waternian Ave., and James Walcher, 5401 Mendelssohn Lane,were assured that they would receive notice of the hearing. No formal action was taken. No formal action8i7as Ayes : Courtney , Richards , Schmidt , Shaw , Van Vallcenburg Nays: None Motion carried. TKfLFFIC SAFETY COMMITTEE MINUTES OF OCTOBER 12, 1976, APPROVED; ORDINANCE NO. 1401-A4 GR4NTED FIRST READING. Councilman Shaw's motion approving the following recommendations of the Traffic Safety Committee was seconded by Councilwoman Schmidt: 1) Removal of the sight obstruction on the Northwest corner of the intersection of Gleason Road and the Gleason Road Cul-de-sac, that a caution sign be placed for Southbound Gleason Read traffic in advance of the intersection and that the request for STOP signs be denied. 2) diverter at the Lynmar Lane-Mavelle Drive intersection and that the permanent design be made as attractive as possible. Ordinance No. 140144 later in Minutes.) 3) Denial of the request for a STOP sign on South-bound St. John's Ave. at Oak Drive and removal of the existing Northbound STOP sign. bound Fleetwood Drive at Lanham Lane and installation of a yield sign on Fleet- wood Drive at Lanharn Lane. to define the right-of-way, the curved corner of Blake Rosd just South of the Waterman Avenue intersection. 6) Installation of a NO PARKING, 8 AM - 4 PM, SCHOOJ, DAYS sign on the South side ' of W. I?oodland Road from Concord Ave, to the driveway of 4629 W. Woodland Road. Councilman Shaw's motion also including acceptance of the remainder of the Traffic Safety Committee Minutes. Permanent installation of the traffic (See further discussion and adoption of 4) Denial of the request for a 3-way STOP sign for'North- 5) Reinoval of shrubbery on Motion was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . ?O/ 18/ 76 Councilwoman Schmidt advised that the traffic diverter at the Lyninor Lane/Mavelle Drive intersection has been very successful and has'lnot created problems elsewhere. Mr. and Mrs. Allen Johndreclu, 7019 Lynnnr Lane, coilcurred with Councilwoman Schmidt's assessment of the results of the traffic diverter and requested. tlrat the diverter be made permanent. Concurring also were residents of 7004 Lynmar Lane and 7016 Lynmar Lane. Residents were assured that action would be taken to attempt to eliminate cars from driving through the park. Schmidt thereupon offered Ordinance No. 1401-A4 for First Reading as foilows : / Councilwoman ORDINANCE NO. 140144 * AN ORDINANCE MENDING THE EDINA TRAFFIC CODE TO AUTHORIZE PLACING OF STREET BARRICADES AS TRAFFIC CONTROL DZVICES AND TO PROHIBIT PASSAGE OF'CERTAIN VEHICLES THROUGH OR AROUND THEM THE CITY COUNCIL OF THE CITY OF EDINA, KCNNESOTA, ORDAINS: thereto a new paragraph, as follows: Section 1. Sec. 18 of Ordinance No. 1401 is hereby amended by adding * "18.14 Street Barricades. The City Council may, by resolution, establish street barricades at such locations on the public streets in the City of Edina under its jurisdiction, and for such time periods, either tempor- arily or permanently, to regulate, control and guide traffic thereon, as it deems necessary for the protection and promotion of the health, safety' and welfare of the citizens of Edina. The Chief of Police shall cause such traffic control devices to be placed in such locations as are necessary to effectuate the resolutions of the City Council. shall be driven through or around any such traffic control devices Sec. 2. This ordinance shall be in full force and effect upon its pass- No vehicle ' exce?t emergency vehicles and official vehicles of the City of Edina." ,' age and publication. The Council emphasized that it had authorized the diverter so as to reduce traffic throush- the residential -district and decrease noi-se pollution, safety hazards, and litter that is associated with heavier traffic, 7' . NOTICE OF CLAIM FILED FOR EBERHARDT COMPMT FOR FOUNTAIMJOODS APARTHENTS. Couilcil was advised that Notice of Claim has been filed against the City relative to alleged damages at the Fountainwoods Apartments at 6650 Vernon Avenue because a power failure at the lift station in that area allegedly resulted in a sewer backup that flooded the boiler room of the apartment complex. been referred to the insurance company and to the City Attorney. D The matter has No action was ' taken." . .. WATEEIAIN DPROVE3ENT NO. mi-290 ,. STORM SEWER IMPROVEMENT NO, ST, S-142, SANITARY SEWER IKPROVDIENTS NOS. SS-319 and SS-320 ASSESSMENT APPEAL FILED. Council. was advised that ETOC Company has filed "Notice of Appeal of Special Assessments" leviea against Watermain Inprovement No, l@i-290, Storm Sewer Improvement No. ST.S-142 and Sanitary Sewer, Improvements Nos. SS-319 and SS-320. been referr ed to the City Attorney. The matter has No action was taken. ORNANENTAL STREET LIGHTING IMPROVEMENT NG. L-16 AUTHORIZED ON 100% PETITION: The City Engineer reported that a petition for ornamental street lights pla'ced on the property line between 6101 Tingdale and 5013 Clover Ridge on Clover Ridge had been received in his office on October 5, 1976, signed by all owners of Jean Nelson, Frances A. Connor and Robert McCampbell. Said petition also requested the Council to assess the entire cost against the property of such owners. Councilman Richards thereupon introduced the following resolution and moved its RESOLUTION adoption: BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: I. It is hereby found and de'termined that a petition has been filed requesthg the Council to install an ornamental street 1ightir.g improvement on Clover Ridge on the property line between 6101 Tingdale and 5013 Clover rtidge, aad to assess the entire cost against the property of petitioners, and that said peti- tion has been signed by all owners of real property abutting on said street where said improvement is to be located. 2. ordered pursuant to Minnesota.Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). Said improvement is hereby designated and shall be referked to in all subsequent proceedings as Street Lighting Improvement No, L-16. against the properties abutting on said Clover Ridge where said improvement isbto be located. Motion for adoption of the Rescltrtion ~7as seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg .- Nays: None . Resolution adopted. to be . real property abutting on said portion of Clover Ridge, viz, Gwyiine Schmidtke, .I The makkg of said improvement in accordance with said petition is hereby.. .. . The entire cost of said improvement is hereby ordered to be assessed 7' IO/ 18 f 76 NUMBER OF FIRE FIGHTERS CLARTFIED. are actually 26 fire fighters,, including CETA employees. motion acknowledging this fact was seconded by Councilman Courtney. Mr. Hydc clarified for the record that there Councilwoman Schmidt's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PARK DEPARTMENT BIDS APPROVED. As recommended by Mr. Jacobson of the Park . Department, Councilman Richards' motion authorizing the following informal bids taken by the Park Department was seconded by Councilman Shaw: tennis courts at Pamela and Cornelia School park - Action Courts, Inc., low bidder at $.4,910, Henry 0. Mikkelson Co., $7,800, Carlson LaVine, Inc., $6,520.00; Sod for soccer field at Pamela Park - Riebe Sod Company at $3,300 was the only bidder who could lay the sod at this time; Purchase of hockey rink lighting at -. Normandale and Highlands Park - Edina Electric at $2,308, Hilite Electric low Councilman Richards' motion for award to recommended low bidders, Action Courts, Inc., Riebe Sod Company, and Hilite Electric was seconded by Councilwoman Schmidt. Resurfacing .bidder at $2,300.00. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LOTS 1 AND 2, BLOCK 1, YORKTOWN SECOb ADDITION SECOND AMENDED DECLARATION OF RESTRICTIONS AND PROTECTTVE COYENANTS APPROVED. As recommended by Mr. Erickson and Mr. Luce, Councilman Shaw offered the following resolu.tion and moved its adopt ion : RESOLUTION BE IT RESOLVED that the City Council of the City of Edina does hereby release Lots 1 azld 2, Block 1, Yorktown Second Addition, according to the duly recorded plat thereof, Hennepin County, Minnesota, from the covenants and restrictions set out in paragraph 5. c of the Declaration of Restrictions and Protective Covenants filed as Document No. 1033727, files of the Registrar of Titles, Hennepin County, 3rEnnesota, as modified by the Amended Declaration of Restrictions and Protective Covenants filed as Document No. 1175306; and SE IT FURTHER RESOLVED that the foregoing resolution shall not be effective unless and until there is delivered to the City an amendment to said Declaration of Restrictions and Protective Covenants, duly signed by the o-mer and all claim- ants of an interest in said Lots 1 and 2, and in recordable form, reimposing upon said Lots 1 and'2 the'following restrictions: 1. (i) The buildhgs on Lots 1 and 2, Block 1, Yorktown Second Addition, con- Lsaining dwelling units may be of varying heights comprising any combination of 3, 4, 5 or 6 stories. xegetative areas on the lot shall not cover, in the aggregate, more than sixty (60%) percent of the area of.the lot. 2. City of Edina and may be released as to Lots 1 and 2, Block 1, Yorktown Second Addition, by the City of Edina at any time from time to time by its sole act. Any such release shall be done by resolution of the Edina City Council and shall be effective only upon the recording of such resolution in the same office in which said Amended Declaration of Restrictions and Protective Covenants has been . (ii) Buildings, parking areas, driveways, and other hard-surfaced, non- The covenants and restrictions herein contained may be released only by the 1.- recorded; and BE IT FURTHER RESOLVED that the foregoing resolutions shall supercede those resolutions adopted April 19, 1976, with respect to Lot 4, Block 6, Yorktown, now replatted as Lots 1 and 2, Block 1, Yorktown Second Addition, and- the resolutions adopted September 20, 1976, as to Lots 1 and 2, Block I, Yorktown Second Addition. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Cotrrtney, Richards, Schmidt? Shaw, Van Valkenburg Nays: None Resolution adopted. COUNTY EMERGENCY MEDICAL SERVICES COUNCIL AGREENENT APPROVED. Mr. Hyde advised Council that $320,000 ir, grant funds is available for radio equipment for Hennepin County, and that if the City wishes to be a member of the radio system, it.will be necessary to formally join the Emergency Medical Services Council created by the I-Iennepin County Board of Commissioners. no immediate cost, there may be a future cost of approximately $150 per month for . rad.io maintenance, Mr. John Luce explained that one of the main functions of the Council will be to look at the cost allocations of the radio portion of .the radio services system. attract-funds to Hennepin County and to participating municipalities through He explained that, while there is He clarified. that this is one of the free systems jn the courtt'ry as Ear as services to residents are concerned. Mr. Luce added that thLs will 10/18/76 federal sources such as H.E.W. and is not unlike the law enforcement assiscance programs of which the City is a part. Mr. IIyde said that he and Chief Buresh . have read the plan and that the City would not be bound by kt. by Mr. Hyde, Councilman Courtney offered the following resolution and moved its adopt ion : BE IT RESOLVED that the Nayor and City Flanagef are hereby authorized to'enter into cooperative agreement with the Hennepin County Emergency Medical Services Council. Motion for adoption of the resolution was seconded by Councilwoman Sehmidt. * " . As recommended RESOLUTION t Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg DEPARTMINT OF PUBLIC SAFETY RECONNAISSANCE STUDY FINDINGS AND RECONHENDATIONS DISCUSSED. ing the findings and recommendations made in the Reconnaissance Study of the Department of Public Safety made by Cresap, blcCormiclc and Paget and discussed plans which are being carried out to impliment recommended changes. that he will keep Council apprised of his developments. No action was taken. Mr. Hyde advised Council that various staff members hzve been study- He advised I FEDERAL PUBLIC WORKS GRANT APPLICATIONS TO BE SUBMITTED. Hyde, Councilman Courtney offered the following resolution and moved its adoption: As recommended by Mr. RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the City Engineer, the Director of Parks and Recreation and the City Planner to work as a team to the Marningside Area improvements and for the addition to the South side muni- cipal parking ramp. i Motion for adoption of the resolution was seconded by Councilman Richards. submit a2plications for Federal Public Works Grant Applications for park shelters, 2. Rollcall : Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolutian adopted. I I CITY Hm?S LETTER TO BE SENT OUT. has been pqleted and,will be SciIt out chis week. Mr. Hyde advised Council that the News Letter Ki('0 action was taken. ROBERT C. DUNN APPOINTED ACTING CITY MANAGER. that he will 3e sbsent from the office while recuperating from surgery, Councihan Richards offered the following resolution and moved its adoption: BE IT RESOLVED that Robert C. Dunn be appointed to serve as Acting City Manager Being advised by the City Manager RESOLUTION during the forthcoming absence of Mr. Motion for adoption of the resolution Rollcall: Ayes: Courtney, Kichards, Schmidt, Nays: None Resolution adopted. Hyde . was seconded by Councilwoman Schmidt. Shaw, Van Valkenburg CITY TO JOIN BLOOXINGTOW PUBLIC HEALTH SERVICE;. SUBUIisAN PUBLIC HEALTH.NURSING SERVICE PAXTICIPATION TEREiINATED . the possibility of joining Health Service. $79,000 an& that the cost of the Bloomington service would be $1.56 per capita, or approximately $65,000 arumally for more than twice the services which are now available through .the Suburban Health Nursing Service. Councilwoman Schmidt * I_ then moved that-the City purchase the Bloomington Health Service for the year 1977. Councilwoman SGhmidt and Mr . Hyde discussed It was brought out that the City is elegible for a sybsidy of with the City of Bloomington in a combined Public Motion was seconded by Councilman Shaw. I. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None, Motion carried. Couzzcilwoman Schinidt then offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby terminate its agreement for participation in the Suburban Public Health Nursing Service program as of January 1, 1977. Notion for adoption of the resolution t7as seconded by Councilman Shaw. RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Kays: Nohe Resolution adopted. i iO/18/75 NEW k?ENNEPIN COUNTY EMERGENCY COMMUNICAT'IOMS ORGANIZATION AGREEbENT TO BE SIGNED q --- Mr. Hyde recalled that the CiFy had entered into agreement with the Hennepin County Emergency Com~iunications Organization and advised that a committee made up of Managers representing twelve independent municipalities have worked out a new joint agreement which does not require the Sheriff's signature to make the agreement effective. Councilman Courtney thereupon offered the following resolution and moved its adoption: RESOLUTION EE IT RESOLVED that the Edina City Council does hereby enter into "Hennepin Emergency Communication Organization Joint and Cooperative Agreement" with Hen- nepin County, said Agreement being approved by the Public Safety Communications Interim User Board on October 12, 1976, and does hereby name Robert J. Buresh as Director and Warren C. Hyde as Alternate Director in accordance with Article IVY Section 4 of the new HECO Agreement. lotion for adoption of the resolution was seconded by Councilwoman Schmidt. --- Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I GRANDVIEW CEMETERY SETTLEMENT TO BE CONSIDERED. that the City has been required to go to the Supreme Court for a pre-trial City Attorney Erickson advised determination to see if the Grandview Cemetery matter can be settled out: of court as suggested by the Justice. He said that data will be gathered for presentation to Mr. Hyde and the staff and that the Council should plan to meet to consider the staff's recommendations so that a report can be sent to the Court by October * cio t- m 29, 1976. No action was taken. w W ORDINANCE NO. 402-A3 GRANTED SECOND READING. Councilwoman Schmidt offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 402-A3 AN ORDINANCE AMENDING ORDINANCE NO. 402 TO ALLOW WAIVER OF SEWER AND WATER CONNECTION REQUIREMENTS THE CITY COL'NCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : sion, 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 requirement 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 mans or methods. Also, the Commission, in granting any waiver of water or sewer connect- ions 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 Ordtnance No. 431." Sec. 2. its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Section 1. Section 8 of Ordinance No. 402 is hereby amended to read as "See. 8. May Waive Requirements. In considering any appeal, the ComrLs- This ordinance shall be in full force and effect immediately upon . Rollcall: J Ayes : Courtney, Richards , Schmidt, Nays: None Ordinance adopted. ATTEST / City Clerk OKDINANCE NO. 431-A2 GRANTED SECOND READING. Councilwoman Schmidt offered the following ordiaance for Second Reading and moved its adoption: ORDINANCE NO. 431-A2 AN ORDINANCE AMENDING ORDINANCE NO. 431 TO NZQUIRE CONNECTIONS TO THE SANITARY SEWER SYSTEM AND WATER SYSTEM AND TO PERMIT WAIVER OF THE CONNECTION REQUIRE3ENT THE CITY COUNCIL OF 1XE CITY OF EDINA, NINNESOTA, ORDAINS: Section 1. Sections 9, 10, 11 and 12 of part 3 of Ordinance No. 431 are Connections Required eo Sewer and Water Syzyems; Discharges hereby amended to read as follows: I' "Part 3. into Sewer System Regulated. "Sec. 9. Connection Required. "(a) Sanitary Sewer Connections. "(1) Whenever 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 lhes in such house or building with such mains in such street or alley, and every dwelling house or business building now located 011 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 street or alley, and every dwelling house or business 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.disposai lines in the dwelling house or business building on such property drain shall overflow, back up or otherwise fail. residence in any R-2 District, as determined 3y 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. Ordi- nance No. 811, or (iii) now existing and conconforming but is hereafter destroyed or damaged to such an extent that it is required to conform to all restrictions" 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 conform- ing but is hereafter destroyed or damaged to such an extent that, if it were a nonconforming building as 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 is on property that abuts upon any public . street or ailey in which sanitary sewer mains have been constructed, shall have the sewage disposal lines in each dwelling unit as defined in Ordinance Na. 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. "(3) Each townhouse, as defined 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 individcal toyahouses or individual lots, and as a part of such constructLon, recoostructioiz or placing or as a part of such platting or subdivision, as the case may be, shzll have the sewage disposal lines within that townhouse connected directly, and separately from any other townhouse, to the sanitary sewer mains serving such L "(2) In addition to the requirements of subparagraph (1) above, every I . ~ townhouse. "(b) Water Connections. "(1) Whenever property abuts upon any public street or alley in which -- water mains have been constructed, the owner of a& 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. "(2) No. 811, that is required by Subparagraph (2) of paragraph (a) of this Section 9 to have separate and independent 'sanitary sewer connections for each dwellkng unit within such residence, and that is located on property that abuts any public street or alley is which water mains have been constructed, shall also, at the same time, mdce a separate. and independent connection of the water lines in each such dwelling unit with the water mains in such street or alley. "(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 tbwnliouse to the water mains serving such Every residence in the R-2 District, as determined by Ordinance townhouse. "Sec. IOJ. Failure to Comply; Notice; Withholding of Approval of Plat or Subdivision; Waiver of Connection Requirement. Any person required by Section I 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 connection 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 placcd 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 Manager. If iuch connections are required because of the 10/18/76 ... subdivision of a lot in the it-2 District, or ,ecause of p itting or subdivision of property to permit sale of individual townhouses or individual lots, such connections shall be mde in connection with such platting or subdivision, and approvabof such plat or subdivision by the City Council may be conditioned upon and wi-thhcld 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 thzt 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 hndS or improvenients in the neighborhood of the property. Also, as 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 2nd 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 a water and sewer services to such property or properties pursuant to Ordinance No. 1111, even though such discontinuance will affect property in addition to "Sec. 11. Connection by City. Whenever any owner or occupant shaxl fail I that or' the persons causing the delinquency. . -. 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 benefitted. - "See. 12. Assessment and Collection. After such installation and connec- .<$$on is completed by order of the Council, the City Clerk shall serve a 1- 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 If such assessment is not paid within ten days, . --. charged by the City in connection with special assessment-s." -. - - Set. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtn.ey. This ordinance shall be in full force and effect upon its passege Rollcall : Nays: Noen Ordinance adopted. Ayes: Courtney, Richards, Schmidt, Shaw, ATTEST : City d. Clerk &u&-./ ORDINANCE NO. 1101-A6 ADOPTED ON SECOND READING. Councilwoman Schmidt offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 110 1-A6 AN ORDINANCE AMENDING ORDINANCE NO. 1101 TO ESTABLISH CHARGES FOR CONNECTION TO THE MUNICIPAL SANITARY SEWER SYSTEM AND TO REPEAL THE REQUIREMENT FOR CONNECTION CHARGES TJHEN R-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows : made for each connection made or required to be made to the City ssnitary sewer Section 1. Section 5 of Ordinance No. 1101 is hereby amended to read as "Sec. 5. Policy Regarding Connect ion Charges. A connection charge shall. be IO/ 18/ 76 . system, even though the connection requiremcnt is waived pursuant to Ordinance No. 431. may give consideration to all costs of the establishmctn 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 cost of the system which has beer! paid by assessment against the premises to be connected, or required to be connected, in comparison with other premises using the system, ir, addition to the cost of making or supervising the connection. Such charge shall be determined by resolution of the City Council at the time a connection is made or is to such connection being made, or the requirement therefor being waived, or it may be made payable in installments, as determined by the Council. 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 application. charge shall be payable by the owner. If the charge is made in connection with a plat or subdivision approved pursuant to Ordinance No. 801, the charge may be macle 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 iaprovements. Also, any connection charge or installment 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 mzy 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." follows : 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 kevt if 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 connection requirement is waived pursuant to Ordinance No. 431; the remaining cost (referred to hereinas 'trunk cost') being assessed, so far as considered equitable, upcn all properties deemed capable of connection with the trunk main either directly or through laterals. nine +aches 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, adopeed 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 trdc 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, maktenance, depreciation, and necessary replacements of the system, and of improvements, enlargements, and extensions necessary to serve the City adequateLy , incl.uding 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. 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 unpaid from time to the shall bear interest at a rate determined in the same manner as set out at 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 coimection charges so received shall be creditied to the fund of the trunk sewer main improvement involved or, if Sudi improvement has been financed by che issuance of bonds, to the 1-mprovement; Bond Redemption Fund, or shall be used to pay for maintaining and operating such tru& sewer main and the-City's sznitary sewer system," In deternliiirlng the amount and reasonablcness of the charge, the Council required to be made, and shall be payable in full prior I If payable in The - Sec. 2. Section 6 of Ordinance No. 1101 is hereby amended to read as ''Sec. 6. Connections to Trunk Sewer Mains. It is the policy of the City In the case of trunk sewer I Lateral sewer mains are normally Int . In determining the amount and reasonableness of the charge, Such charge shall be pay- .- ._ .. I Section 5 above, and shall- be payable by the .person, and may be certified to .. lfi/18/76 See, 3. Section 7 of Ordinance No. 1101 requiring connection charges when . Sec. 4. This ordinance shall be in .full force and effect upon its passage lot? in 'the 11-2 District ar2 subdivided is liereby repealed. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Rol.lcal1: I ORDINANCE NO. 801-A14 ADOPTED ON SECOND READING. Councilwornm Schmidt 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, EIINNESOTA, ORDAINS: 3 of Ordinance No. 801 the following provisions: of the lot to be subdivided shall make a separate and independent 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 connection charges therefor, if any, all as required by Ordinance No. 431, 1101 and 1111, and after such conditions are met aDd complied with, the City Clerk shall give a certified copy of the Council reso- lution approving such subdivision. Sec. 2. (e) , as follows: "(e) built 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 conditions are met and complied with, the City Clerk shall give a certified copy of the Council resolution approving such plat or subdivision." 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 Eennepin County, Minnesota. Mation for adoption of the ordinance was seconded by Councilman Courtney. Section 1. "Provided, that as conditions to the approval of such subdivision, the owner There is hereby added at the end of subparagraph (c).of Section There is hereby added to Section 3 of Ordinance No. 801 a new section As conditiom to the approval of any plat or subdivision of previously I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORDINANCE NO. 11 11-A4 ADOPTED ON SECOND READING. following ordinance for Second Reading and moved its adoption:, AN ORDIUNCE AMENDING ORDINANCE NO, 1111 . Councilwoman Schmidt offered the - / 1 I.\ ~ ORDINANCE NO. llll-A4 TO ESTABLISH CHARGES FOR CONNECTION TO THE THE REQUIREMENT FOR CONNECTION CHARGES WHEN MLTNICIPAL WATER SYSTEM AND TO REPEAL P.-2 DISTRICT LOTS ARE SUBDIVIDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: 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 No. 431. 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 therefar, and may, in its digcretion, fix the charge .by reference to the portion .I of the laterai cost of the system which has been paid by assessment against the premises to be connected, or required to be con- nected, in comparison with other premises using the system, in addition to cost of making or supervfslng the connection, Such charge shall be determined by resolution of the City Council at the time a connection is made or 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 install- ments, as determined by the Council. If payable in Anstallments, 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 application. The charge shall be payable by the owner. If the chargecis mzde in connection with a plat or sub- division approved pursuant to Ordiaance Na. 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. 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." follows : to levy special assessments on properties abutting upon lateral water mains for payment of the entire cost of such 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 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; 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. six inches in diameter, and trunk mains include all of larger diameter. 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 prenises to the trunk water main. the Council may give consideration to all costs of the establishment, operation, Eaintenazlce, 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 bg 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 spch connection being made, or the requirement therefor being waived, or it nriy 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 2bove, and shall be payable by the person, and may be certified to the County Aaditor 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 involved or, if such improvement has been financed by the isstlance 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.'' Section 7 of Ordinance No. 1111 requiring connection charges Tqhen lots in the R-2 District are subdivided is hereby repealed. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Also, any connection charge or installment thereof, or interest Sec. 2. Section 6 of Ordinance No. 1111 is hereby amended to read as - ''Sec. 6. Connection to Trunk Water Mains. It is the policy of the City In the case of trunk water mains place (referred to herein as 'lateral cost') to be paid either by the levy I. 1 - the remaining Lateral water mains are normally In I In determining the amount and reasonableness of the charge, Such charge shall be payable in - received shall be credited to the fund of the trunk water main improvement ." *. Sec. 3. Sec. 4. Rollcall : .- 101 18/ 76 . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valke Nays: None Ordinance adopted. ATTEST : NO ACTION TAKEN ON COUNCIL SALARIES FOR 1977. Mr. Erickaon reminded Council that any changes to be made in their salaries for 1977 must be acted upon before the November 2, 1976, election. No action was taken. REGIONAL GOVERNMENT OPPOSITION CONTINUED. Mayor Van Valkenburg called Council's attention to a letter from the Mayor of the City of Shakopee requesting that action be taken in opposition to the "drift toward regional government in Minne- sota. Mayor Van Valkenburg will bring the matter back to Council at a later date. No action was taken. YORK AVENUE FROMW. 66TH STREET TO N. 78TH STREET REVOKED AS STATE AID STREET. As recommended by Mr. Dunn, Councilman Richards offered the following resolution and moved its adoption: WHEREAS, !-t appears to the City Council of the City of Edina that the road hereinafter described should be revoked as a Municipal State Aid Street under the provisions of Minnesota Laws: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the road described as follows , to-wit : __ - s4 RESOLUTION REVOKING MUNICIPAL STATE AID STREET . % u 0 York Avenue from W. 66th Street to W. 78th Street (All segments of municipal State Aid Section 120-155) be and hereby is, revoked as a Municipal State Aid Street of said City, subject to the approval of the Commissioner of Highways of the State of Minnesota; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two' certified copies of this resolution to the Commissioner of Highways for his consideration. Motdon for adoption of the resolution was seconded by Councilmza Courtney. Rollcall : Ayes : Nays: None Resolution adopted, Courtney, Richards , Schmidt, Shaw, Van Valkenburg .. YORX AVENUE SOUTH FROMW. 65TH STREET TO W. 78TH STREET REMOVED FROM CITY OF EDINA MUNICIPAL STATE AID SYSTEM. Councilman Richards offered the following resolution and movedl its adoption: RES OLUT ION APPROPRIATION OF MUNICIPAL STATE-AID FUNDS FOR SIDEG7ALK WORK CONSTRUCTED ON M"IC1PAL STATE-AID STREET THAT HAS BEEN RENOVED FROM SYSTEM WHEREAS, the City of Edina has expended $112,936.74 to construct sidewalk on York Avenue South (Municipal State Aid Segment 120-155-02) between W. 69th Street and'W. 74th Street; and WHEREAS, Hennepin County is in the process of designating York Avenue South from W. 65th Street to W. 78th Street as C.S.A.HI 31, thereby removing it from the City of Edina Municipal State AidSystem; NOW, THEREFORE, BE IT RESOLVED: That the City does hereby appropriate from its Municipal State-Aid Street Funds the amount of $112,936.74 to pay for this sidewalk construction and requests the Commissioner of Highways to approve this authorization. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. H.R.A. LEVY CANCELLATION APPROVED. offered the following resolution and moved its adoption: As recommended by Mr. Dalen, Councilman Richards RESOLUTION CANCELLING GENERAL OBLIGATION REDEVELOpmNT BONDS OF 1975 (HOUSING AND REDEVELOPmNT AUTHORITY AI, VALOUM TAXES COLLECTIBLE: WITH 1977 GENERAL PROPERTY TAXES WHEREAS. the City Council of the City of Edina has, by resolution adopted November 3, 1975; levied H special ad valoremtax for the payment of principal and interest 10/ 18/ 76 of its General Obligation Redevelopment Bonds of 1975 (Housing and Redevelopment Authority) Fund; said ad valorem tax in the amount of $2,200,000 being collectible with and as a part: of other general taxes for the year 1977; and TJHEhAS, Ninnesota Statutes, Section 475.61 , permits the cancellation of said levies providing moneys are on hand for payment of principal and interest for said bond issue; and it has been determined by this Council that the required moneys are on hand for the payment of said principal.and interest; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that those ad valorem tax levys made by resolutionbof this Council, adopted November 3, 1975 and collectible with and as a part of other general property taxes in said City for the year 1976, be Snd are hereby cancelled; and BE IT FURTHER RESOLVED that the County Auditor of Hennepin County, Minnesota, be authorized and directed to cancel the above described ad valorem tax levys and to delete said levys from taxes to be spread for the year 1977. Motion for adoption of the resolution was seconded by Councilman Courtney. - 4 1 . I Rollcall: Ayes : Nays: None Resolution adopted. Courtney , Richards , Schmidt , Shaw, Van Valkenburg CLAIMS PAID. Motion of Councilman Shaw was seconded by Councilman Courtney for payment of the following claims as per Pre-List: Fund, $3,940.31; Park Construction, $3,02.98; Pool Fund, $1,049.43; Golf Fund, $9,009.18; Arena, $3,343.38; Gun, $528.19; Water, $26,220.90; Sewer, $63,667.92; Liquor, $67,587.94; Construction Fund, $48,848.86; Total, $527,710.08. General Fund, $200,310.99; Park Council's agenda having been covered, Councilman Shawls motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 10:45 p.m. .. . -' .._- - .-