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.
.. . -' .._- -
.-