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HomeMy WebLinkAbout19761115_regularMINUTES OF THE REGULAR MEETING OF THE . EDINA CITY COUNCIL HETAD AT CITY HALL NOVEEBER 15, 1976 Answering rollcall were members Courtney, Richards, Schmidt and Shaw. Council- man Courtney served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. \ MINUTES of October 18, 1976, were approved as submitted by motion of Councilwoman Schmidt, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw -. N&: None Motion carried. SENIOR CITIZEN HOUSING ORDINANCE AMENDMENT CONTINUED TO DECEMBER 6, 1976. Affi- davits of Notice were presented by Clerk, amroved as to form and ordered placed I on file. Mayor Pro Tem Courtney emphasized that the ordinance under consideration is for general use for making future determinations and not specially written for the proposed development at 51sr. and-Trance Ave. Mr. Luce explained that the pro- posed ordinance was written after study of criteria for each of the other senior citizen buildings in the city and that the Rainbow proposal would have to be modi- fied in several areas to meet these criteria. He explained that the ordinance had not been written for "re-use" purposes, but rather to meet restrictions throughout new areas of the City. show requirements of various other municipalities and a comparison of all other senior citizen hoLsing developments in the City. the Council, Mr. Luce explained that the ordinance calls for community facilities xith a minimum net fluor area of 1250 square feet or 15 square feet for each &Gelling unit, whichever is greater. would include laundry rooms, meeting rooms, game rooms and other similar uses. pointed out that Rainbow plans would have to be revised to meet this requireaent as well as the requirement for one enclosed or exposed parking space for each senior citizen dwelling unit, except where a building has an entrance located vithin 500 feet of a bus stop, only one-half parkirg space is required per dwelling unit. Mr. William Phillips of The Lanterns requested that the following changes be made to Section 12 of the proposed ordinance: 1) that the third paragraph of Paragraph 13e deleted; 2) that "Liudry Rooms" be de1cte.d from th2 secoii.6 para- graph of Paragraph 5 (B) and that the following be added: Space other than coni- urunity facilities be p-rovided for laandry equipment; and Cortmunity facilities be tin a floor not occupied by enclosed parking spaces; 3) that the foilowing be added to Paragraph 6: "All parking spaces enclosed within structure will be oii a floor below and separate from any dwelling space", "Parking spaces for us8 by residents be so designated and made available to residents at no cost over established rent. served basis. "Two separate automobile entrances (or exits as the case may be) be provided to enclosed parking areas." two entrances because,he said, the City cannot be more restrictive than the State Bu.ilding Code. He added that neither can the City add Building Code requirements to the Zoning Ordinance. Mr. Luce said that he would ask the City Attorney ?GZ;ccher it would be legal to require that garages be made available without additional cost to occupants. Council generally agreed with Councilman Shaw that, in view of the fact that the requirements are a sharp reduction from the R-3, R-4 and R-5 requirements, any variance requests should be subinitted directly to Council rather than to the Board of Appeals and Adjustments. Councilman Shaw also requested that the ordinance call for 3/4 parking spaces per dwelling unit. Councilman Richards suggested that the thrust of the ordinance should be directed to the older developed areas of the City, rather than to the undeveloped areas. Mr. Luce said that people might also want to develop senior citizen hous5-r,g in undeveloped areas such as the 70th and Cahill area and in Southeast Edina. He. expressed concern that buildings in the undeveloped areas night be forced to be more compact tha3 would be desirable. Councilwoman Schmidt expressed hC=r concern that a senior citizen building might later be sold for another use. lengthy discussion , Councilman Richards * motion was seconded by Councilman Shaw that the hearing be continued to December 6, 1976, and that the Planning Depart- ment should incorporate the €&lowing revisions in a new draft of the ordinance: 1) that any proposed variances to the ordinance be submitted to the Council, rather than to the Board of ApTeals and Adjustments; 2) that there shall be no variances granted to Sections 4, 5 and 6 of the proposed ordinance; 3) that ' should address itself to "re-use" as well as to "new use"; 5) that there should be alternatives :IS to density requirements; 6) that there shou1.d be more area within the building for social use; 7) that latindry space stia1.l not 5e incl.udcd Bfr. Luce reviewed HUD criterfa and used the view-graph to In response to a question of He explained that these community facilities He Such parking spaces 3e available on a first come first Such parking spaces may not be rented to non-residents.", and a. Mr. Luce questioned whether the City could require the Following . 3/4 parking spaces be required for each dwelling unit; 4) that the ordinance - -1. ~ -as 2 a "community facility"; 8) that setbacks should be rincreased to provide more open space around the building; senior citizens should be covered by the same Building Code reqairements as a hospital or nursing home. Ayes : Motion carried. all residents on the mailing list and that all questions raised at this hearing would be included as alternatives for Council's consideration. 9) that Mr. Tame check on whether a building for Courtney, Richards, Schmidt, Shaw , Nays: None C Mr. Luce assured Elr. Samuel McGowan that he would send copies of the ordinance to ORDINANCE NO. 811-A86 GRANTED FIRST WING.. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Elr. Luce presented the . petition of Frank and Jean Wheeler for zoning change for Lots 1, 2 and 3, Block 2, Eine Mile North 2nd Addition from R-1 Single Residence District to R-2 Multiple Residence District, advising that the property in question is located at 6801- 8305and 6809 Dovre Drive and that a hearing for lot division of the property will also be considered later on in this meeting. Mr. Luce stated that the Western Edina Land Use Plan identifies this area for low density attached dwelling units and advised that the Planning Commission has recommended approval. He recalled that the Planning Commission had assured Parkwood Knolls residents who had attended the Planning Commission hearing that they would never make any recommenda- tion for similar rezoning of lots-on Parkwood Lane. ances would be requiredAunless an attempt should be made to save some trees which are on the property. Nrs. Helen.E.ZcClelland recalled that a petition in opljosition had been presented to the Planning Commission opposing any further R-2 development on the North side of Dovre Drive. the Council. No objections being heard, Councilman Richards offered Ordinance No. 811-A86 for First Reading as recommended by the Planning Commission for the following reasons: 2) The proposed lots meet zoning restrictions; ad 3) The property is a transi- tional property between the single family area to the East and the industrial uses to the West: Mr. Luce said that no vari- Mr. Wheeler offered to answer any questions of 1) The proposal is in conformance with the Western Edina Plan. ORDINANCE NO. 8ll-A86 Acu ORDINANCE AMENDING THE ZOXING ORDINANCE (NO. 811) BY ADDIKG TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Paragraph 1 of Section 4 of Ordinance No. 811 of the City is mended by adding the foilowing thereto: of the following properties : Section 1. "The extent of the Multiple Residence District is enlarged by the addition LrSs 1, 2 snd 3, Block 2, Nine Mile North 2nd Addition, which is in Sub- 3istrict R-2. '' Sec. 2. and publication. LOTS I, 2 AND 3, BLOCK 2, NINE MILE NORTH 2ND ADDITION DIVISION APPROVED. 'Affi- davits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Mr. and Mrs. Frank Wheeler for divi- sion of Lot 2 and combining each half with the other two lots for two double hungalow lots in conformance with Ordinance No. 811-A86. heard, Councilman Richards offered the following resolution and moved its adoptiozl: RESOLUTION WHEREAS, the following described tracts of land are now separate parcels: This Grdinance shall be in full force and effect upon its passage No objections being Lots I, 2 and 3, Block 2, Nine Mile North 2nd Subdivision, City of Edina, Hmnepin County; and VKEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : Lot 3 and the East 60 feet of Lot 2, Nine Mile North 2nd Subdivision, City of Edina, Hennepin County; and Lot 1 and Lot 2, Except the East 60 feet thereof, Nine Mile North 2nd Subdivision, City of Edina, Hennepin County; and I WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Scbdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 aiid 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina. that the conveyance and citmership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as 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 unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council- as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Roll,call: Ayes: Courtney, Richards, Schmidt, Shaw Nans: None Resolution adopted. J RYAN'S ADDITION PRELININARY PLAT CONTINUED TO DECEMBER 6, 1976. Councilman Richards was seconded by Councilman Shaw, continuing public heakiirig on preliminary plat of Ryan's Addition to December 6, 1976. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Notion carried. Motion of FINDELL 2ND ADDITION GRAETED PRELIMINARY APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Findell 2nd Addition for preliminary approval, noting that the property is located North of the Braemar Oaks Apartments, South of IJ. 70th Street and Cahill School, East of Lanham Lane and West of Cahill Road. He explained that the owners are proposing.to divide the property into three lots and two outlots, one of which is to be dedicated for parkland purposes and that the plat also dedi- cates the remaining portion of the Amundson Avenue extension. has recommended approval for the following reasons: Southwest Edina Plan; traffic element of the Southwest Edina Traffic Study; lot B for park purposes completes the Southwest Edina park acquisition plan. Planning Commission also recommefided that the plat be contingent on the submis- sPon of the deed for Outlot B for parkland purposes. told that the lot South of Outlot B is owned by the City of Edina and will be a part of the City's park system. Mr. Youngblood spoke of opposition to the exten- sion of Amundson Road and was told by Mr. Dunn that it is expected that a public hearing will be conducted on the portion of Amundson Road between Cahill Road and the new intersection of Amundson Road and Dewey Hill Road. Councilman Richards was told that approval of this plat would not foreclose any alternatives that might be considered at the Amundson.Road hearing. Mr. Luce clarified that the property owner could put in his own road to serve his property if Amundson Road should not go through. Following some discussion, Councilwoman Schmidt offered the follow- ing resolution and moved its adoption: Planning Commission 1) It conforms with the 2) The dedication of the road is necessary to achieve the 3) The dedication of Out- The Mr. Larry Youngblood was KESCZJTION GRAGTING PFSLIliI?3ARY SPROVAL TO FINDELL 2ND ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Findell 2x5 Addition", platted by Roger Findell, and presented. for preliminary approval at the Edina City Council Meeting of November 15, 1976, is hereby granted prelim- inary plat approval subject to the dedication of Outlot B for park purposes. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. --- SCOTT LEWIS ADDITION CONTINUED TO DECEMBER 6, 1976. notice had not been given, Councilwoman Schmidt's motion continuing the hearing on preliminary plat for Scott Lewis Addition to December 6, 1976, was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. Being advised that proper CAHILL PTA REQUESTS REFERRED TO TRAFFIC SAFETY COMNITTEE. was called to a letter from the Cahill School PTA Safety Committee requesting the following: 1) A posted speed zone of 20 miles an hour during the school day; 2) A stop sign on Tracy Avenue; of the school to two hours during the school day and no parking during school hours for 65 feet West from the East exit ramp; 70th Street; West side to the East side; Council's attention 3) Limiting parking on W. 70th Street in front 4) Sidewalks on borh sides of 5) Change the crosswalk at 70th Street and Tracy Avenue from the 6) Additional sanding on 70th Street during the winter Safety Ayes : Nays : Mot ion months. Commj-ttee was seconded by Councilwoman Schmidt. Courtney, Richards, Schmidt, Shaw . None carried. Councilman Richards'motion referring the letter to the Traffic SANITARY SEWER IMPROVEMENT NO. SS-336 AND WATERMAIN IMPROVEMENT NO. 14+312 AUTHORIZED ON 100% PETITION, Mr. Dunn reported that a petition for sanitary sewer and watermain to serve Lot 2, Block 1, Deer Run had been received ir, his office on I 11/15/76 I&ember 5, 1976, signed by Mr. llichael E. ICirlcpatrick, the owner of the property. Said petition also requested the Council to assess the entire cost against the property of such owner. resolution and moved its adoption: Councilwoman Schmidt thereupon offered the following RESOLUTION ORDERING 1 SANITARY SEWER IEPROVEMENT NO. SS-336 AND WATEREfAIN IN?ROVEMENT NO. TM-3 12 UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petit& has been filed requesting the Council to construct a sanitary sewer and-watermain improvement to serve Lot.2, Block 1, Deer Run, and to assess the entire cost against the owner of said property and that the petition has been signed by all owners of said property where said . improvement is to be located. 2.- The making of said improvement in accordance with said petition is hereby ordered pursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). referred to in all subsequent proceedings as WATEREIAIN IlrlPROVENENT NO. WE-312 and SANITARY SEWER IMPROVEMENT NO. SS-336. hereby ordered to be assessed against Lot 2, Block 1, Deer Run, where said improvement is to be located. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. ~ Said improvements are hereby designated and shall be The entire cost of said improvements is CHARLES AND ILENE WRIGHT ADDITION GRANTED FINAL APPROVAL. Charles and Ilene Wright Addition for final plat approval as recommended by the Planning Commission and advised that all ordinance requirements have been fulfilled. Councilman Shaw thereupon offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF CHARLES AND ILENE WRIGHT ADDITION Mr. Luce presented BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Charles and Ilene Wright Addition", platted by Charles Wright and Ilene Wright, husband and wife, and presented at the meeting of the City Council of November 15, 1976, be and is hereby granted final plat approval. '?lotion for adoption of the resolution was seconded by Councilvoman Schsidt. Xolicall : Itays: None Resolution adopted. . I Ayes : Courtney, Richards, Schmidt , Shaw C. - BRUMAR'S HOMESTEAD ADDITION GRANTED FINAL PLAT APPROVAL, 'Mr. Luce presented Braemar's Homestead Addition for final plat approval as recommended by the Plan- lzing Commission and advised that all ordinance requirements have been met. Councilman Shaw thereupon offered the following resolution z2d moved its adoption: RESOLUTION APPROVING FINAL PLAT OF BRAFNAR' S HOEIESTW ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Braemar's Homestead Addition" platted by Wallace 0. Lilja and Marezl H. Lilja, husband and wife, and presented at the meeting of the City Council of November 15, 1976, be and is hereby granted final plat approval. Xotioa for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. I ROBERT MIDDLEMIST 2ND ADDITION GRANTED FINAL PLAT APPROVAL. Robert Middlemist 2nd Addition for final plat approval as recommended by the Plan- ning Commission and advised that all ordinance requirements have been met. man Shaw thereupon offered the following resolution and moved its adoption: Mr. Luce presented Council- RESOLUTION APPROVING FINAL PLAT OF ROBERT MIDDLEMIST 2ND ADDITION 3E IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Robert .Middlemist 2nd Addition", platted by Middlemist, Inc., and'by Elmer E. Cipera and Fern 11. Cipera, husband and wife, and by Vernis M. Wilson and-Pauline C. Wilson, husband and wife, and presented at the meeting of the City Council of November 15, 1976, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. , 11/ 151 76 tJ PURCHASE OF POND ARXA NEAR EUINA WEST FROM COUNTY AUTllORIZED. Mr. Dunn advised' that attempts to have Hennepin County deed'Parce1 No. 3 of their property sale J directly to the City for storm drainage purposes. residents have collected and deposited with the City checlcs to be used by Edina to bid on the property. As recommended by Mr. Dunn, Councilwoman Schmidt's motion authorizing Mr. Dunn to bid on the pond for the amount deposited by the Edina Wes- residents was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg. Nays: None Motion carried. He added that Edina West EASEMENT EXCHANGE WITH JERRY'S ENTERPRISES AUTHORIZED. Mr. Greg Gustafson, representing Jerry's Enterprises, Inc., requested that the City release a driveway easement to the Grandview Parking Lot in exchange for a like easement of a slightly different route. Following considerable discussion, Councilman Shaw's mopion authorizing the City Manager to furnish an affidavit to the effect that Brookside Avenue is a public street where it intersects with Eden Avenue and approv- ing release of the driveway easement in exchange for a new easement was seconded by Councilwoman Schmidt. Ayes : Courtney , Richards , Schmidt , Shaw Navs: None Motion carried. Mr. Gustahon also asked the City of Edina for a letter agreeing to obtain ease- ments for public road for Brookside Avenue and to take necessary court action to confirm the existence of a public road on Brookside Avenue. concern as to who would pay for the court action and did not authorize the issu- ance of that letter. Council expressed ' VACATION OF OLD COUNTY ROAD 62/COUNTY ROAD 18 LEGAL DISCRIPTION AMENDED. Mr. Dunn recalled that on September 15, 1976, the Council had approved the vacation of a portion of County Road 18 and Old County Road 62. had been made by Rauenhorst Corporation in the legal description and advised that Mr. Erickson had indicated that it would be appropriate to correct the description without an additional hearing. Councilman Richards thereupon offered the follow- ing resolution and moved its adoption: He clarified that an error - RES OLUT ION UkIEEEAS-, the description used in the resolution adopted by the Edina City Council on September 15, 1976, was erroneous; and WHEXEAS, there has been no change ir, the lntent of the street vacat5Dn as presented to the Council on September 15, 1976; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby re, 00 g nize that the proper legal description of the portion of Old County Road 62 and County Road 18 vacated on September 15, 1976 should have read as follows: That part of the Southwest Quarter of Section 31, Township 117, Range 21, lying Southerly of the Easterly extension of the Northerly line of Lot 1, Block 1, DATA 100 1ST ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota, and lying West of a line drawn parallel with and 33.00 feet East of the following described line: Beginning at a point on the West line of said Soutt,west Quarter of Section 31, distant 1287.80 feet North of the Southwest corner thereof; thence South along said West line of the Southwest Quarter a distance of 258.92 feet and there terminating; And that part of said Southwest Quarter of Section 31, lying Easterly of the West line of said Southwest Quarter of Section 31 and lying 33.00 feet on each side, as measured at right angles to and parallel with the following described line : Beginning at a point on said West line of the Southwest Quarter of Section 31, 1028.88 feet North of the Southwest coiner thereof; thence deflecting Southeasterly from said West line of the Southwest Quarter of Sectiog 31, on a tangential curve having a radius of 381.97 feet (delta angle 41 a distance of 276.89 feet; thence tangent to said curve for a distance of 3.89 feet; thence deflect right along a tangential curve having a radius of 383.15 feet (delta angle 44 20') for a distance of 296.47 feet; thence tangent to said curve for a distance of 162.41 feet; thence deflect right along a tangential curve having a radius of 122.36 feet (delta angle 98 18") for a distance of 209.64 feet; thence tangent to said curve €or a distance of 50 feet more or less to the West line of said Southwest Quarter of Section 31 and there terminating. 32') for 10' The side lines of the above described land are to be lengthened or shortened as to terminate on said West line of the Southwest Quarter of Section 31. Motion for adoption of the resolution was seconded by Comcilman Shaw. Rollcall: Ayes : Courtney, Richards , Schmidt, Shaw Nays: None Resolution adopted. 11/15/76 TRAFFIC SAFETY CONMITTEE MINUTES OF NOVEMBER 9 , 1976, APPROVED, Councilman Shawts motion was seconded by Councilman Richards, accepting the Traffic SaEety Committee Ninutes of November 9, 197.6, and approving the fo.l.lowing actions of the Committee: 1) Installation of PLAYGROUND signs at Arden Park; 2) Requesting the City of Minneapolis to consider placing temporary traffic signals at 51st and France in lieu of a &way STOP until the permanent signals are installed. 3) Removal of the NO PARKING 8 AM-4 PM, SCHOOL DAYS in front of 4629 I?. Woodland Road; Installation of STOP signs for Florence Lane as it enters Dewey Hill Road and for Fox Meadow Lane as it enters Blake Road. I Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. HEALTH COIBfITTEE APPOINTMENTS CONTINUED TO NEXT MEETING. Because of the absence of Nayor Van Valkenburg, Councilman Richards' motion continuing appointment of the Edina Health Committee to December 6, 1976, was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Notion carried. 4) I HEALTH SERVICES CONTRACT WITH CITY OF BLOOMINGTON DISCUSSED. Mr. Melexn advised that discussions with the City of Bloomington are still under way as to Edina's Health Services Contract. He will continue to negotiate. No action was taken. 50TH AND FRANCE COMMERCIAL AREA SANITATION DISTRICT HEARING was set for December 6, 1976, by motion of Councilman Shaw, seconded by Councilman Richards. Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw T.H. 100/BENTON AVENUE INTERCHANGE PUBLIC HEARING SET FOR JANUARY 10, 1976. Mr. Dunn recalled that at a meeting on September 28, 1976, t5e City staff had made recommendations concerning the Benton Avenue South access to T.H. 100 as follows: 1) that the interchange should be left as constructed; 2) if the South access is to be provided, the folded diamond (MHD Alt. 2A)is preferred. 3) NHD Alt. 1, Sketch #2 would have the best chance of being constructed. Mr. Dum- reviewed the various options open for the intersection and recalled that since the meeting called by Senator Bang in-December, 1975, very few calls have been received. Follewing considerable discussion, Councilmn Shzw's motion settbg a pu3lic hear- ing on the T.H. lOO/Benton Avenue Interchange for January 10, 1975, and thet the School District be consulted as to their needs, was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None It was generally decided that Edina's Senators and Representatives should be invited to attend the hearing. I x 3lETROPOLIhX WASTE CONTROL CONMISSION DISCUSSED; COST TO BE INCREASED. Mr. Dunn called Council's attention to a letter from the Xctropolitan Waste Control Commission indicating their desire to continue the'. Joint Use Rental Agreement No. 146 between the City of Edina and the Metropolitan Waste Control Commission under which agreement the Commission pays the City $7,878 per year. agreement was executed in 1971, while the City's 1977 Estimated Cost Allocation had gone up to $856,000 from a cost of $131,000 in 1971. discussion, it was generally decided that Mr. Dunn should advise the Commission that the fee for the Rental Agreement will be increased in the same percentage as the 1977 Estimated Cost Allocation. 1977 3r3INT USE REHTAL AGREEMENT Mr. Dunn pointed out that this fee has not increased since the .Following considerable No formal action was taken. 6509 NAVAXO TRAIL STORM SEWER EASEMENT VACATION HEARING DATE SET. As recommended by Mr. Dunn, Councilman Shaw offered the following resolution and moved its adoption: I PLESOLUTION CALLING FOR PUBLIC HEARING ON VACATION OF EASEMENT FOR STORM SENER PURPOSES BE IT RESOLVED by the City Council of thecity of Edina, Hennepin County, as. follows : 1. of land affected thereby that the following described easement for storm sewer purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of Lot 9 and that part of Lor 10, Block 1, Cherokee Hills, lying Southerly of a line drawn from the Southeast corner of said Lot 10 to a point in the Westerly line of said Lot 10, distant 25 feet Northerly of the It is hereby found an4 determined after receipt of the petition of the owners I 11/ 15/76 .- Southwest corner thereof lying within a 20 foot wide strip of land, the center- 7 line of which is described as follows: ) Beginning at a point on the West line of'said Lot 10, which point is 33 feet North of the Southwest corner of said Lot 10; thence Southeasterly to a point on the South line of said Lot 10, which point is 70 feet West of the South- east corner of said Lot 10; thence Southeasterly to a point on the East line of Lot 8, Block 1, Cherokee Hills, which point is 37 feet South of the North- east corner of said Lot 8. ! -\ 2. ice on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the,' Edina Sun, being the official newspaper of the City the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14, days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.852. This Council shall meet at the time and place specified in the form of not- included in paragraph 3 hereof for the purpose of holding a public hearing Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR STORM SEWER PURPOSES IN THE CITY OF EDINA HENNEPIN COUNTY, M.INNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4810 W. 50th Street, on December 20, 1976, at 7:OO o'clock p.m., for the purpose of holding a public hearing on the proposed vacation of the following easement for storm sewer pur- poses : That part of Lot 9 and that part of Lot 10, Block 1, Cherokee Hills lying Southerly of a line drawn from the Southeast corner of said Lot 10.to a point in the Westerly line of said Lot 10, distant 25 feet Northerly of the Southwest corner thereof lying within a 20 foot wide strip of land, the centerline of which is described as follows: Beginning at a point on the West line of said Lot 10, which point is 33 feet ' North 0: the Southwest corner of szid Lot 10; thence Southeasterly to a poiat on the South line of said Lot 10, which point is 70 feet West of the South= east corner of said Lot 10; thence Southeasterly to a point on the East line of Lot 8, Block 1, Cherokee Hills, which point Ls 37 jfeet South of the Northeast com'er of said Lot 8. All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. extent to which such proposed easement affects existing easements within the area of the proposed vacation on the extent to which the vacation affects the authority of any errson, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all or any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE CITY COUNCIL. The Council shall consider the . Florence B . Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Roll call : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. STORM SEWER IMPROVEMENT 1\10. ST.S-150 BID AWARDED. Mr. Dunn advised that informal bids have been taken for Storm Sewer Improvement No. ST.S-150 and presented tabu- lation showing Raymond Haeg low bidder at $1,752, G. L. Contracting at $2,100 and Metro Sewer & Water at $2,281. Councilwoman Schmidt's motion for award to recommended low bidder, Raymond Haeg, was seconded by Councilman Richards, Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. 1 1/ 1 !i/ 7'6 &TROPOI,ITAN INIESTNENT PRAMEWOIUC MBEIIINC, NOTED. Mayor Pro Tem Courtney called Council's attention to a meet-ing to be held on December 8, 1976, at 7:30 in the Commissioners Meeting Raom and on December 9, 197G, at 1:30 in the Metropolitan Council Chambers to consider a draft of a new Metropolitan Development Guide Chapter -- the Netropolitan Investment Framework. He and Mr. Dalen will attend. one of the meetings. No action was taken. ~ CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Shaw for payment of the following claims as per Pre-List: General Fund, $130,426.87; Park, $6,490.18; Park Construction, $7,461.33; Park Sinking, $25,453.50; Pool, $62.32; Golf, $48,013.76; Arena, $5,552.65; Gun, $385.30; Water, $62,701.89; Sewer, $65,874.13; Liquor, $107.762.73; Construction, $13,179.33; IBR, $806,196.38; Total, $1,279,560.37. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. BIDS TO BE TAKEN FOR STORM. SEWER IMPROVEMENT NO. ST. S-140B. As recommended by Hr. Dunn, Councilman Richards offered the following resolution and moved its adoption : RESOLUTION APPROVING PI&S AND SPECIFICATIONS AND DIRECTING ADVERTISENENT FOR BIDS FOR STORM SEWER INPROVEEIENT NO. ST. S-140B BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the. following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. letin the following notice for bids for improvements: The Clerk shall cause to be published in the Edina Sun and Construction Bul- (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA ADVERTISEMENT FOR BIDS STORM SEWER AND STORM PONDS IMPROVEMENT NO. ST.S-140B . CONTRACT 76-8 BIDS CLOSE DECEMBER 3,1976 SEALED BIDS will be received and opened in the Council Chambers in the Edina City Hd.3, 4SO1 W. 58th Street, at 31:OO a.m., Fridsy, DacemSer 3, 1975, arid the Edina City Council will meet at 7:OO p.m., Monday, December 6, 1976, to ' consider said bids for furnishing and installing said storm sewer and storm water holding poods. The following are approximate quantiries of major items: IMPROVEMENT NO. ST. S- 140B 158,600 C/Y Pond Excavation 22,000 Tons Granular Fill 240 D4 & D6 Dozer Time T 4,500. Tons Clay Fill 3,668 L/F 54" C.M.P. to 12" R.C.P. 1,226 S/F Steel Sheet Piling Blds shall be in a sealed envelope with a statement thereon showing the work covered by the bid. 4801W. 50th Street, Edina, Minnesota, 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specffications on file in the office of the City Clerk. are available for a deposit of $25.00 (by check). upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certi- fied check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. BY ORDER OF THE EDIMA CITY COUNCIL. Bids should be addressed to the City Engineer, City of Edina, Plans and specifications Said deposit to be returned I The Council reserves the right to reject any or all bids. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. The agenda having been covered, Councilman Shaw's motion for adjournment was sec- onded by Councilman Richards. Adjournment at 10:40 p.m.