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HomeMy WebLinkAbout19770117_regularMINUTES OF THE FaGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT.CITY HALL JANUARY 17, 1977 49 14 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of DecemSer 6, 20 and 29, 1976 and of January 3, 1977, were approved as presented by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg PUBLIC WORFES LABOR NEGOTIATIONS DISCUSSED. Union of Operating Eagineers Local 49 had legally struck the City of Edina along Mr. Hyde recalled that the International with twenty other municipalities and expressed hope that ,there will be a settlement before long. PUBLIC HEARINGS CONDUCTED ON NUMEROUS IIbROVEMENTS . sented by Clerk, approved as to form and ordered placed on file. Due notice hav- ing been given, public hearings were conducted and action taken as hereinafter set forth. because of increasing costs and because there is no way that the..City is able to respond quickly if someone's well should go bad. serious problems with the quality of water or water tables in the area. Affidavits of Notice were pre- Mr. Dunn advised that all hearings were being conducted at this time ne emphasized that there are no I. WATEF@IAIN IMPROVEMENT NO. P-WM-314 IN THE FOLLOWING: Millpond Place from Westbrook Lane to Railroad Right-of-way Mr.Hyde presented total estimated construction cost at $5,392.86, proposed to be assessed against 5 assessable lots at an estimated cost of $1,078.57 per assessable lot. Mr. Dunn explained that the owners of 5117 and 5121 Millpond Place had expressed favor of the improvement. No further comments being heard, Councilman Courtney's motion authorizing the improvement was seconded by Councilman Shaw. (See Resolution Ordering Improvement later in Minutes.) 2. WATERMAIN IMPROVEPENT NO. P-WM-315 IN THFi FOLLOWING: Scriver Road from Blake Road to Cul-de-sac Mr. Hyde presented total estimated construction cost at $6,131.89, proposed to be assessed against six assessable lots at $2,132.03 (including connection charge'.of $1.,110.05) no access to water but that houses on the East side could connect with the water- main on Blake Road and advised that only Mr. Brian J. Mahoney, 5108 Blake Road, had any problems with his well. In response to Mr. Hyde's statement that the Veterans' Administration and F.H.A. are starting to require water connections before approv- ing mortgages, a gentleman living at 3516 W. Fuller Street said that there are problems only if water is already in the street. Mr. Remi L. Wrona, 5117 Scriver Road was assured by Mr. Dunn that he could connect to the Blake Road watermain by paying the connection charge. Mr. Mahoney expressed concern that there would not be enough pressure from the Blake Road main and in the event that Scriver Road may some day be extended, it night be more economical in the long run to install the improvement at this time. Mr. Dunn replied that Scriver Road would probably not be extended before 25 years and that there is no indication of any platting at the present time. were Messrs. Andrew N. Justus, 5116 Scriver Road, Earl T. Winget, Jr., 5112 Scriver Road and Reini L. Wrona. No further comments being heard, Councilman Richards' motion that the improvement be abandoned was seconded by Councilwoman Schmidt, with members Courtney, Richards, Schmidt and Mayor Van Valkenburg voting "aye" and Councilman Shaw voting "nay" and the motion carrieu. 3. T?A'~'JB.MAIN IMPROVEMENT NO. P-WM-316 IN THE FOLLOWING: , Mr. Dunn explained that three lots on the West side of ths road have Stating that their wells are good and objecting to the improvement Blake Road from Interlachen Blvd. to Interlachen 3lvd.; Interlachen Blvd. from Waterman Avenue to the East liize of Section 6, Township 117, Range 21. ' Mr. Hyde presented total estimated construction cost at $42,400.85, proposed to be assessed againstninelots at an estimated cost of $4,900.00 per assessable lot. Mr. Eunn explained that the notice had originally been sent out showing ten assess- able lots with an estimated assessment of $4,240.09, but that Lot 29, Auditor's Subdivision 325 had been included in error. Councilman Courtney's motion authorizbg the improvement was seconded by Council- woman Schmidt and carried. No objections were heard, whereupon (See Resolution Ordering Improvement later in Minutes.) 4. WATERMAIN I&PROVEMENT NO. P-WI-317 IN THE FOLLOWING: West Fuller Street from France Ave. to Beard Ave. Beard Avenue from West Fuller Street to W. 55th Street W. 55th Street from Seard Ave. to France Ave. Mr. Hyde presented total estimated construction cost at $119,494.96, proposed to be assessed cgainst 66 assessable lots at an estimated cost of $1,810.53 per assessable for. Note was made of a letter from Dr. Fred J. Miska, 3605 W. 55th Street, objecting to the improvement. Mr. John Brill, 3516 Fuller Street, said that he represented the Jordon Sandstone Homeowners' Association and that in -\ .- .. . .50 response to 57 letters sent out, 9 of those responding favored the improvement: while 27 expressed their opposition. quality than City water, there was no restriction as to the use of well water and no quarterly payments for its use. expressed concern about available fire hydrants and was told-that the closest hydrant is at 54th and Beard. Opposing the improvement on the grounds that it would be too costly to construct the watermain at this time, that wells in the area are good and water is of good quality and that they do not have to pay water bills to the City were Messrs. Robert Franson, 3709 W. Fuller St., William L. Krubsack, 3800 W. 55th St., Dennis Christensen, 3600 W. Fuller St., and Mr. Ted Kern, representing Mrs. Elizabeth Kelley, 3620 W. Fuller St. Objecting also were Mr. Richard Day, 3511 N. 55th St., and Mr. John Coverdale, owner of Parcel 1800, who was told that the City still has plans for one additional well and that the proposed watermain would be easily served by existing City wells. Robert J. Stanek, 3820 I?. 55th St., was told that she would not have to connect to the proposed watermain. Councilman Shaw disqualified himself from voting on the improvement, but recalled that at the time he owned the property at 3820 W. 55th Street and connected with the France Ave. watermain, he bound his assigns not to oppose water on I?. 55th Street at a later date. being heard, Councilman Courtney's motion that the project be abandoned was seconded by Councilwoman Schmidt and carried, with Councilman Shaw abstaining. He said that his well water vas of better Ms. Wilma Aufderheide, 5505 Beard Court, Mrs. No further discussion 5. WATEREI-4111 IEPROVEbENT NO. P-WM-318 IN THE FOLLOWING: Goya Lane from County Road 158 to 50' f North of cul-de-sac; Easement line from 50' 1- North of Goya-Lane to Doncaster Way; Doncaster Way from Counyy Road 158 Frontage Rd. to Croyden Lane; County Road 158 Frontage Rd. from Merritt Circle to Doncaster Way; Merritt Circle from County Road 158 Frontage Road to Doncaster Way; Ayrshire Blvd. from Doncaster Way to Glengary Parkway; Glengary Parkway from County Road 158 to Northwood Drive; Northwood Drive Northwood Drive from Mirror Lakes Dr. to Dundee Road; Dundee Road from Ayrshire Blvd. to Northwood Road; Ayrshire Blvd. from Mirror Lakes Drive to Dundee Road; South Drive from Mirror Lakes Drive to Dundee Road; Hidden Lane from Mirror Lakes Drive to Dundee Road . from Glengary Parkway to Chantrey Road; u Mr. Hyde presented total estimated construction cost at $248,815.16, proposed to be assessed against 117 assessable lots at $2,126.63 per assessable lot. Mr. Dunn recalled that hearings for watermains in the area had been conducted over the past years and that a post card survey had been made. continue to be received for water for the area. improvement were Hessrs. Robert McNeil, 5400 Glengarry Pkwy., Xilo Stinson, 5512 Circle, John Olmscheid, 5813 Hidden Lane, Mellos Zivkovich, 5801 Northwood Dr., Am0 Tremann, 5200 Glengarry Pkwy., Ben McPheeters, 5409 Doncaster Rd., Mrs. Wm. Heilig, 5501 Glengarry Plcwy., and an unidentified gentlemen, all of whom expressed satisfaction with their wells and concern about the cost of the proposed installa- . tion. Spealung in favor of the improvement were Messrs. Richard Ragatz, 5709 Ayrshire Blvd., Gary Broms, 5229 Doncaster Way, H'arold Grossman, 5605 Ayrshire Blvd., Robert Schulze, 5521 Goya Lane, John Allen, 5517 Merritt Circle, and Mr. Wm. Egekvist, 5316 Dundee Road, who said that he spoke for five of his neighbors. Also speaking in favor of the improvement was an unidcntified lady who suggested that old petitions be checked so that Council would be aware of the long-standing. need for water in the area, Mr. Charles Bredesen, 5706 Northwood Drive, was told that the City's .wells vary in depth from 400 to 600 feet and are not apt to run dq. Mr. Peter Kirkman, 5700 Northwood Drive, said that he had received no notice of the hearing. He was told by Mr. Dunn that the average water bill for a family of four would run about 20C per day. Concern was expressed by one mem5er of the audience about flouridation of the City's water. ;In unidentified gentle- men was told that the City's wells are sealed and would not become contaminated, A gentleman said that he had been told by telephone by someone at City Hall that petitions could be circulated by affected property owners after the Council had reached its decision. The Clerk advised that she was not aware of such a call be- ing received. Mr. Dunn explained that consumer's deposits are used when a pro- perty owner connects to a utility not specifically designed to serve his property, -with the understanding that he pays the assessed cost for the improvement, which cost will be credited against a future utility designed to serve his property. Some years ago, documents were signed by the property owners stating that they, or future owners, would not oppose any future improvement specifically designed to serve the property. Sumerts deposit is used, a document should be signed by the property owner in recordable form and put of record so that future buyers would be aware of the com- mitment. Letters favoring the improvement had been received from Messrs. H. W. Setzer, 5501 Merritt Circle, Stephen J. Sulentic, 5217 Doncaster Way, Richard Kelly, 5804 Hidden Lane, and from Mr, and Mrs. R, J, Ostbye, 5304 Glengarry Pkwy. He added that scattered petitions Speaking in opposition to the ' Glengarry Pkwy., Martin Raskin, 5808 Hidden Lane, James Felker, 5500 Merritt I Xr. Dunn recommended that, in the future, whenever a con- 1/17/77 * 51 No further comments being heard, Councilman Shaw's motion authorizing the improvement was seconded by Councilman Richards who said that it made economic sense to konstruct the improvement at this time and added that inasmuch as water is not an unlimited supply, regulation of use of surface and ground water may be necessary at some future time and that such control could only be feasible ' with a municipal water system. 'Motion carried, (See Resolution Ordering Im-, povement later in Minutes.) 6, WATERMAIN IMPROVEMENT NO. P-WM-319 IN THE FOLLOWING: Oxford Ave. from Interlachen Blvd. to Hollywood Road Hollywood Road from Oxford Avenue to Rutledge Avenue Mr. Hyde presented total estimated construction cost at $53,645.00, proposed to be assessed against 28 assessable lots at an estimated cost of $1,915.89 per assessable lot. Mr. Dunn referred to a number of consumer's deposits within the area and said that, if the project is approved, these matters will have to be settled before the project is assessed. letter from Mr. George Tate, 4817 Vandervork Ave., favoring the improvement, and to letters from Mr. Roy W. Moren, 5324 Hollywood Road, and Mr. and Mrs. Louis J. Moriarty, 5305 Hollywood Road, expressing concern about the cost of the improve- ment, inasmuch as they had already connected to another watermain. referred to other hearings for watermain in the area which had been abandoned. Mr. Robert Black, 5232 Hollywood Road, objected that the watermain was not worth the cost, and asked Mr. Dunn to check to see if he could hook up to the watermain on Parkside Lane if he should need City water. He contended that he had not had adequate notice and that the improvement, if approved, could be challenged in Court. Mr. Fred. Kopff, 5216 Hollywood Road, expressed his objection to the improvement and said that the Notice of Public Hearing was confusing. Mrs. Wm. Dornbach, 5220 Hollywood Road, objected that the City should have firm bids before making a decision on the improvement and that Roberts Rules of Order had not been followed. accordance with improvement procedure laws of the State of Minnesota. bach also suggested that her house could connect to the Parkside Lane watermain. Dr. A. A. Wohlrabe, 5304 Hollywood Road, said that he would not object no matter what decision was made by the Council. Mr. Robert A. O'Connell, 5224 Hollywood Road, said that he favored the improvement, but wondered if he could connect to the Parkside Lane watermain. ized was seconded by Cauncilman :Courtney+ Ayes: Courtney, Shaw, Van Valkenburg Nays: Richards, Schmidt Motion was defeated and the project was abandoned. Council's attention was called to a Mr. Dunn CT) m 8\ a a lp$ Mr. Hyde explained that the hearing had been conducted in Mrs. Dorn- Courxilman Shaw's motion that the project be 3uthOr- ' 7. WATERMAIN IMPROVEMENT NO. P-WM-320 IN THE FOLLOWING: Merilane from Interlachen Blvd. North to cul-de-sac; Rolling Green'Parkway fron: Interlachen Blvd. North to Annaway Drive; - Bywood West from Interlachen Blvd. North to Annaway Drive; Annaway Drive from Merilane West and North to cul-de-sac; Crescent Terrace from Bywood West to Rolling Green Parkway; Mait Lane from Annaway Drive to Merilane; Interlachen Blvd. from the West right-of-way line of Mirror Lakes Drive From Merilane cul-de-sac, thence Northerly along East line of LGt 12, Block extended West to 650' West of Bywood West; 1, Gunnar Johnson's Second Rearrangement of Rolling Green to a point 10' South of the Northeast corner of said lot on said line, thence Easterly 10' South of and parallel to the North line of Block I, Walling's Addition, First Replat, to the East line of said Block, thence Easterly 85' to a point which is 5' North of the North line of Lot 1, Block 1, Hilldale LaLone Addition, thence Easterly 5' North and parallel to said Lot 1 to the West right-of-way line of Circle West, thence to Circle West cul-de- sac ; Gunnar Johnson's 2nd Rearrangement of Rolling Green to the West line of Lot 4, Block 1, Gunnar Johnson's 2nd Rearrangement of Rolling Green, thence Northwesterly along said West line to Annaway Drive From Mait Lane North parallel and 5' West of the West of Lot 7, Block 1, Hr. Hyde presented total estimated construction cost at $268,238.94, proposed to be assessed against 88 assessable lots at an estimated cost of $3,048.17 per asses- ' sable lot, and explained that the cost for this improvement is higher in cost be- cause the lots in the area are larger. Speaking in favor of the improvement were Messrs. John Bold, 4608 Merilane, Richard King, 4705 Annaway Drive, Richard Lar- son, 4820 BEwood West, David Bolander, 5809 Mait Lane, Harold Okenow,'4604 Anna- way Drive, and a lady who lives on Merilane spoke in favor of the improvement, mentioning particularly that they would have better fire protection. Speaking in opposition to the improvement were Dr. Gustaf Johnson, 4721 Annaway Drive, Robert Howell, 5725 Interlachen Blvd., and.an unidentified gentleman. Mr. E. R. Mc Glynn, 4909 Rolling Green Parkway, objected because he will have to have his well repaired before the improvement can be installed. Interlachen Blvd., expressed his concern about adequate fire protection. Mr. William Cleveland, 5920 1/17/77 -i' 52 Mr. Rosco Furber, 4805 Rolling Green Parkway, said that he previously had been * opposed to the improvement, but realizes that it provides security. Mr. William Cleveland also spoke of his concern about fire protection. Also in favor of the improvement was Mr. Steven Lieberman. man Shaw's motion authorizing the improvement was seconded by Councilwoman Schmidt and carried. No further discussion being heard, Council- (See Resolution Ordering Improvement later in Blinutes,) 8. WATERMAIN IMPROVEEBNT NO. P-WM-321 IN THE FOLLOWING:. Minnehaha Blvd. from W. 52nd Street to W. 54th Street -W.S4th Street from Minnehaha Blvd. to Halifax Avenue Mr. Hyde presented total estimated construction cost at $50,023.50, proposed to be assessed against 14 assessable lots at $3,573.11 per lot. was called to a letter from Mr. John T. Heinrich, 5241 Minnehaha Blvd., advising that neither he or his neighbors have had any trouble with their wells and do not favor the improvement. A letter from Dr. and Mrs, Richard B. Tudor was also noted inasmuch as they already have water at theirhome at 5201Minnehaha Blvd. and would object to paying another assessment, Speaking in opposition to the im- provement were Messrs . William G. McPhail, 5333 Minnehaha Blvd. , Chesley Carlson, 5225 Minnehaha Blvd., Bower Hawthorne, 5301 Minnehaha Blvd. and Robert Panchot, 5321 Minnehaha Blvd. Mrs. Ralph Larson, 5313 Minnehaha Blvd., was told by Mr. Dunn that the watermain is proposed to be installed in the boulevard on the West side of the street. notion that the improvement be abandoned was seconded by Councilman Shaw and unanimously carried. Council's attention - I No further discussion being heard, Councilman Courtney's 9. WATERMAIN IBPROVEMENT NO. P-IW-322 IN THE FOLLOWING: Westwood Court from Schaefer Road to Schaefer Road; Schaefer Road from'the North lfne of Parkwood Knolls Addition to Idylwood Schaefer Road.from View Lane to County Road 158; Parkwood Road from Blake Road to Knoll Drive; Idylwood Lane from Blake Road to Schaefer Road; Knoll Drive from Blake Road to Schaefer Road; South Knoll Drive from Blake Road to Knoll Drive; Akers Lane from Parkwood Road to North line of Parkwood Knolls Addition; Schaefer Circle from Schaefer Road to Semlce Lot 7, Block 1, Par'mood Lane; Knolls 8th Addition. I Mr.'Hyde presented total estimated construction cost at $263,819.46, proposed to be assessed against 94 assessable lots at an estimated cost of $2,806.59 per lot. Sate wss made of a telqhone call from Mr. Edmond Taylor, 6244 Kncll Drive, ex- pressing his endorsement of the watermain, and of a letter received by the Mayor. Mr. James Moran, 6312 Westwood Court, objected to the improvement and asked for a delay in Council's action so that he could poll his neighsors to find out . ghether or not they favor the improvement. Err. Robert E. Fraser, 622.9 Idylwood Lane, said that his son had taken a simple poll that indicated that residents favored water. He said that he would be in favor of the improvement even though he had just had his pump replaced. Mr. Elliot Hoffman, 6228 Idylwood Lane, also expressed his approval of the project. Mr. Bernard H. Rottinghaus, 6233 Idylwood Lane, spoke in opposition to the watermain. Mr. Dunn advised Mr. Robert Jepson, 6208 Parkwood Road, that he would check the possibility of installing the main in the boulevard. Councilman Shaw's motion approving the proposed watermain - except Westwood Court, and continuing the hearing on the Westwood Court portion of the improvement until February 7, 1977, was seconded by Councilman Courtney and unanimoasly carried. 3.0. WATERMAIN fMPROVEMENT NO. P-WM-323 IN TEfE FOLLOUING: Zillside Road from Valley View Road to Tracy Avenue; Crescent Drive from Hillside Road to Westridge Blvd.; Westridge Blvd,, from Valley View Road to Ridgeway Road; Crescent Drive from Westridge Blvd. to Countryside Road; Hunter Street from Westridge Blvd. to Crescent Drive; Highland Road from Westridge Blvd. to Crescent Drive; Arbour Lane from Tracy Ave. to Arbour Ave. Mr. Hyde presented total estimated construction cost at $292,338.87; proposed to be assessed against 90 assessable lots at an estimated cost of $3,248.31 per assessable lot. Note was made of a letter from Mr. Maynard L. Sieve, 6205 Hill- -side Road, objecting to his"proposed assessment in view of the fact that he has had City water since 1964. -Council was also advised of a call from Er. Spencer Turner, 6208 Hillside Road, expressing his endorsement of the improvement. Speak- ing in favor of the improvement were Messrs. William Crawford, 6128 Westridge Blvd., who said that he opposed installation of City water at a previous hearing but that he now considers it good insurance, Donald Hanson, 6219 Westridge Blvd., James Ryan, 6213 Hillside Road, Herbert F. Kraemer, 6104 Crescent Drive, Robert Wenger, 6220 Westridge Blvd., and fifrs. Arthur A. Sehlin, Sr., 6209 Crest Lane, who also inquired about the possibility of deferred payments for senior citizens. ' Crest Lane from Westridge Blvd. to cul-de-sac; S - I. . . 1/ 17/ 77 I Opposing the improvement were Dr. Richard Petrowski, 6213 Crescent Dr., and Mes &!3 . Bruce Fritzberg, 5512 Hunter St., Richard Wiese, 5509 Hunter St., Maynard Sieve (who is already connected to water), J. A. Catlin, 6223 Westridge Blvd., Lyle \ Cogan, 5504 Hunter St., arrd C. P. Gibson, 5508 Hunter St., who said that residents had been misled as to cost at a previous.watcrmain hearing for the area. Roger Rothe, 6105 Arbour Lane, presented a petition representing six out of nine residents on Arbour Lane, requesting that Arbour Lane be excluded from the improve- ment. In response to a question, Mr. Hyde said,that the existence of City water does not necessari1.y increase the value of a house. that Hunter Street could not be separated from the whole project, Councilman Richards' motion authorizing the improvement, but excluding Arbour Lane, was seconded by Councilman Courtney and carried. (See Resolution Ordering Improvement. later in Minutes.) Mr. Being advised by Mr: Dunn 11. WATERMAIN IMPROVEMENT NO. P-WM-324 IN THE FOLLOWING: Doran Drive from Valley View Road to Cul-de-sac Mr. Hyde presented total estimated construction cost at $3,246.40, proposed to be assessed against two assessable lots at an estimated cost of $1,623,20 per lot, Mr. Dunn referred to a letter from Mr. John P. Carroll, 5616 Doran Drive, who stated that'while he will be glad to have City water, he believes that a third lot on Doran Drive should also be assessed for this improvement. by Mr. Dunn, Councilman Shaw's motion to continue the hearing to February 7, 1977, so that the water connection for the new house can be checked, was seconded by Councilman Richards and carried. As recommended 12. WATERMAIN IMPROVEXENT NO. P4M-325 IN THE FOLLOWING: Ryan Avenue from W. 62nd Street to Crosstown Service Drive Crosstown Service Drive from Ryan Avenue to Parnell Ave. at W. 63rd Street Mr. Hyde presented total estimated construction cost at $4,260.56, proposed to be assessed against 4 assessable lots at an estimated cost of $4,260.56 per lot. 13. SANITARY SEWER IMPROVEMENT NO. P-SS-341 IN THE FOLLOWING: Easement line from Parnell Ave. to mid block between Parnell Ave. and Ryan Between W. 62nd Street and W. 63rd Street. Ave . Mr. Hyde presented total estimated construction cost at $13,510.96, proposed to be assessed against 4 assessable lots at an estimated cost of $3,377.74 per lot. Improvements P-WM-325 and P-SS-341 listed under 12 and 13 affecting the same pro- perties, hearings were conducted concurrently. Mr, Dunn advised Council that all but one lot affected by this improvement are owned by Mr. E. M. Kleven, 6201 Ryan LIVE., and that Mr. Kleven is opposed- to the improvement, eve9 though he is aware that no building permit can be issued without sanitary sewer. As recommended by Mr. Dunn, Councilman Shaw's motion that the projects be abandoned was seconded by Councilwoman Schmidt and carried unaniLously. 14. WATERMAIN IMPROVEMENT NO. P-WMr326 IN THE FOLLOWING: Easement line from W. 44th Street North thru Lots 1-7, Auditor's Sub. 176 Brookside Terrace from Motor Street to W. 44th St. Easement line from W. 44th street North to Lot 1, Auditor's Subdivision 176. 15. SANITARY SEWER IXPROVEMENT NO. P-SS-342 IN THE FOLLOWING: Watermain Improvement No. P-Wm-326 and Sanitary Sewer Improvement No. P-SS-342 listed under 14 and 15 above being for the same area, public hearings were con- ducted concurrently. Mr. Hyde presented total estimated construction cost for Watermain 1m;rovement No. P-WM-326 at $9,619.29 , proposed to be assessed against 5 assessable lots at an estimated cost per lot of $1,923.86. The City Manager presented total construction cost estimated for Sanitary Sewer Improvement No. P-S-342 at $24,236.54, proposed to be assessed against 6 assessable lots at an estimated cost of $4,039.42. for the one lot which is not serviced by Sewer and Water. said that he represents the owner of the vacant lot on the block who has been unable tosell the lot for the last 15 years because sewer or water were not.- available to the property. Reference was made to a sanitary sewer on W. 44th Street, but it was noted that parties .with privatesewer will not let anyone else connect to it. Mrs. Alice Simpson, 5120 W. 44th Street, spoke in opposition to the improvements. Mrs. Ann R. McAllister, 4363 Brookside Ave., referred to a petitition opposing both sewer and water, and said that she would lose her pro- perty if the improvements were installed. Mr. Dunn suggested that the improve- ments could be constructed to serve only one lot, whereupon Councilman Richards' motion continuing Vatermain Improvement No. P-WM-326 and Sanitary Sewer Improve- ment No. P-SS-342 to February 7, 1977, for further study was seconded by Council- woman Schmidt and unanimously carried. He advised that no building pernlt could be issued Mr. N. W. Joubert - 16. WATERMAIN IMPROVEMENT NO. P-WM-327 IN THE FOLLOWING: Woodland Road from Woodland Road North to Cul-de-sac Mr. Hyde presented total estimated construction cost at $14,455.71, proposed to be assessed against 5 assessable lots at an estimated cost of $2,891.14 per assessable lot. Speaking in,opposition to the improvenent were Messrs. L. G. Truesdell; 111, 9 Woodland Road, and Richard E. John, 10 Woodland Road, and Mrs. 1/17/77 $4 ruce Linderholm, 8 Woodland Road, who said that she already has City water, Mr. Tim Miller, representing his father, Sterling A. Miller, 6 Woodland Road, asked .. that the hearing be continued until his father?s return to the City. Councilman Richards' motion that the project be abandoned was seconded by Councilwoman Shaw . and carried unanimously. Summit Ave. from Interlachen Blvd. to the North line of Lot 4, Block 4, Grandview Heights Addition Summit Ave. from Interlachen Blvd. to County Road 158 17. SJATERMAIN IMPROVENENT NO. P--WM-328 IN THE FOLLOWING: 18. SANITARY SELJER IHPROVEXENT NO. P-SS-339 IN THE FOLLOWING: Improvements Nos. P-Wi-328 and Sanftary Sewer Improvement No. P-SS-339 affecting the same properties, public hearings were conducted concurrently. Mr. Hyde pre- sented total estimated construction cost for Watermain Improvement No. P-WM-328 at $5,956.18, proposed to be assessed against 3 assessable lots at an estimated cost of $1,985.39 per assessable cost for Sanitary Sewer Improvemcnt No. PmSSr339 at $10,586.78, proposed to be assessed against 4 assessable lots at an estimated cost of $2,646.70 per lot. John Metcalfe, non-resident owner of 5000 and 5004 Summit Ave., objected to the proposed improvement because 5000 Sammit already has sewer and water and 5004 could be hooked up across 5000. He said that he would grant an easement to the City- Councilman Shaw's motion that F-134-328 and P-SS-339 be abandoned was seconded by Councilwoman Schmidt and unanimously carried. 19. MI-. Hyde presented total estimated construction cost at $6,820.46, pronosed to be assessed against 3 assessable lots at $2,273.49 per asSessable lot- No coYents~-sere heard, whereupon Councilman Courtney's motfon authorizing the improvement was sec- onded by Councilman =chards and unanimously carried. lot. He presented total estimated construction Nr. SANITMY SEIJER IMPROVEMENT NO. PrSSr340 IN THE FOLLOWING: Sunnyside Road from Tome Road to West 24OV + . (See Resolution Ordering Improvement later in finutes.) . -- 20. SANITARY SEWER IMPROVENENT NO. P-SS-343 IN THE FOLLOWING: Zenith Ave. from 210' + North of centerline at W,.62nd St, to W. 62nd St. TJ. 62nd Street from ZeKith Ave, to Abbott Avenues Abbott Ave. from W. 62nd St. to 240' + North Mr. Hyde presented total estimated construcFion cost at $30,120.75, proposed to be assessed against 6 assessable lot at an estimated cost of $5,020.13 per lot. Mr. Xobert E. Norris spoke in opposition to the improvement and referred to a letter which he had written to the Council also expressing his opposition,-.advising that reszdencs should not bear the cost of the lift station. He suggested that if the proposed sewer is really.needed,it should have been installed with the sewer which was constructed previously. Mr. Kenneth Esse, City Sznitarian, said that there is no k-ay to iastall a.drain feeld,. 'two of the lots should be included in the improvement, Councilman Shawls motion continuing the matter to February 28, 1977, so that the engineers could review the proposal was seconded by Councilman Courtney and carried unanimously. I - There being some discussion as to whether 21. SANITARY SEWER IMPROVEMENT NO. P-SS-338 IN THE FOLLOWING: Parkwood Road from Schaefer Road'to Akers Lane; Akers Laae from Parkwood Road Northerly 230 feet + . . Xr. Hyde presented total estinated construction cost at-$20,877.82, proposed to be assessed against 4 assessable lots at an estimated cost of $5,219.46 per lot. objections being heard, Councilman Courtney's motion authorizing the improvement . was seconded by Councilman Shaw and carried. (See Resolution Ordering Improvement later in minutes,) No 22. GRADING AND GRAVELING IMPROVEMENT NO, P-C-122 IN THE FOLLOWING: Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Moccasin Valley Road from South line of Moccasin Valley Addition Southerly'to cul-de-sac 224 IN THE FOLLOWING: Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac 23. WATERMAIN IMPROVEMENT NO. P-LPI-310 IN THE FOLLOWING: 24. SANITARY SEWER IElPROVEMENT NO. P-SS-334 IN THE FOLLOWING: *I 25. PERNANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IHPROVDIENT NO. P-BA- :-. Improvements Nos. P-C-122, P-WM-310, P-SS-334.and P-BA-224 listed as numbers 22 thru 25 above affecting the same properties, public hearings were conducted concur- rently. Mr. Hyde presented total estimated construction cost for Sanitary Sewer hprovement No, P-SS-334 at $9,352.76, proposed to be assessed against 8 assessable lots at an estimated cost of $l,l69,10 per lot. He presented the estimated con- struction cost of Grading and Graveling Iinprovement No. P-C-122 at $10,945.27, pro- posed to be assessed against 8 assessable lots at an estimated cost of $1,094.53 per lot. . Estimated construction cost of Watermain Improvement No. P-WM-310 was U' 1/17/77 53 given by Mr. Hyde at $8,918.84, proposed to be assessed against 8 assessable lots at $1,.114.92 per assessable lot. Estimated construction cost for Permanent Street Surfacing with Concrete Curb and Gutter Improvement No. BA-224 was given at $8,241.56, proposed to be assessed against 8 assessable lots at an estimated cost of $1,030.20 per lot. Mr. Dunn called Council's attention to a letter from Mr. Dan O'Grady, 6939 Valley Vfew Road, approving construction of sanitary sever and watermain improvements as proposed, but objecting to the proposed method of assessing Grading and Graveling Improvement No. P-C-122 and Permanent Street Surfacing and Concrete Curb and Gutter Improvement No. P-BA-224. Mr. O'Grady contended that these street improvements should be assessed on a per foot basis' inasmuch as he is the only property owner involved who is not involved in the development of the property, determined at the Assessment Hearing. man Shaw's motion authorizing Improvements Nos. P-C-122, P-WM-310, P-SS-334 and P-BA-224 was seconded by Councflman Courtney and unanimously carried. Resolution Ordering Improvement later in Minutes.) It was noted that the method of assessment would be No further comments being heard, Council- (See 26. WATERMAIN IMPROVEMENT NO. P-WM-311 IN THE FOLLOWING: Forest Glen Road from Valley View Road to Cul-de-sac Forest Glen Road from Valley View Road to Cul-de-sac 27. SANITARY SEWER IIPROVEMENT NO. P-SS-335 IN THE FOLLOWING: Watermain Improvement No. P-WM-311 and Sanitary Sewer Improvement No. P-SS-335 listed above under numbers 26 and 27 affecting the same properties, public hear- ings were conducted concurrently. cost of against 4 assessable lots at an estimated cost of $3,101.56 per lot. construction cost of Sanitary Sewer Improvement No. P-SS-335 was given at $15,262.64, proposed to be assessed against 3 assessable lots at $5,087.55 per lot. No objections being heard, Councilman Courtney's motion authorizing the improvement was seconded by Councilwoman Schmidt and unanimously carried. .Resolution Ordering Improvement later in Minutes.) Mr. Hyde presented total estimated construction Watermain Improvement No. P-WIf-311 at $12,406.24, proposed to be assessed Estimated (See 28. GRADING IMPROVEMENT NO. P-C-124 IN THE FOLLOWING: 29. Amundson Avenue from Cahill goad to Dewey Hill Road PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMl3NT NO. P-BA- 226 IN THE FOLLOWING: Amundson Avenue from Cahill Road to Dewey Hill Road Grading Improvement No. P-C-124 and Permanent Street Surfacing Improvement and Concrete Curb and Gutter Improvement No. P-EA-226 affecting the same properties, public bearings were cocducted concurrently. Mr. Hyde presented tot21 estimated construction cost of Improvement No. P-C-124 at $295,137.62 ard the total estimated cost of Improvement No. P-EA-226 at-$220,548.99. It was explained that inasmuch as Amundson Avenue fron Czhill Road to Dewey Hill Road is a Municipal State Aid Street, it is proposed to assess benefited abutting single family detached residential and park property for the equivalent cost of a standard 30' wide light duty residential street in accordance .with City policy. for such streets is $8.00 per front foot for grading and $12.00 per front foot for permanent street surfacing and concrete curb and gutter, a total of $20.00 per front foot for the improvement. family detached residential, the standard rates are $12.00 for grading and $18.00 for permanent street surfacing and concrete curb and gutter, for a total of $30.00 per front foot, State Aid Funds. signed by numerous residents of Southwest Edina opposing ths constxuction of any extension of Amundson Avenue West of Cahill Road in a Southerly direction to Dewey Hill Rozd at this time and recommending the following steps: 1. That the City maintain the reservation of right-away, but hold off on build- ing said road for a period of years so that the traffic flow can be studied more thoroughly. 2. That the City build both segments of said road, North and South of Dewey Hill Road at the same time. 3. pleted, which include West access off of Bush Lake Road and the 494/County Road 18 interchange. 4. from the Industrial Park East of Cahill Road into the residential area. 5. being Cahill Road, with an unnecessary new road running parallel to the existing road. 6. That the City consider the environmental impact of disturbing the natural wetlands in this area to build said road. 7, That the City again confer with the Fire and Police Departments about the problems'.they will face if Cahill Road is dead-ended. A letter signed by Messrs. and Mesdames Larry Johnson, Robert O'Connor, Lary Youngblood, Robert Pierce and Duane Delcgard accompanied the petition, The rate established For residential property other than single All additional costs are-proposed to be paid from Municipal Mayor Van Valkenburg called Council's attention to a petition That the City wait until all the access ramps to the 494 Freeway are com- That the City consider other alternatives to stopping the flow of traffic That the City consider the expense of replacing a good existing road, that 1/17/77 SA(itention was also called to a letter-from Mr. J. M. Barron stating that "....Amundson Road does very little 50 alter the traffic flow, and-does a great deal to harm a charming wild Tife area& Dewey Hill Road could be alleviated by raising Dewey Hill Road at less cost than the construction of a new road." served as Chairman of the Southwest Edfna Traffic Task Force, recalled the recom- mendation of the Task Force that a Cul-de-sac be constructed on CahiT1 Road' . South of Amundson Ave. because traffic will be forced on to W. 70th Street past Cahill and Creek Valley Schools. A resident at 5812 Dewey Hill Road commented that people had purchased their homes in reliance on the Western Edina Plan..: Mr. Lawrence Youngblood, 7.205 Lanham Lane, expressed concern about saving the wetlands if the proposed road is constructed and also expressed concern about getting traffic from the area on to Interstate 494, adding that the only way to go West is through Braemar Park to County Road 18, Mrs. Charlotte Burns, 5820 Dewey Hill Road, inquired why residents who live on Fleetwood Drive should have signed the petition opposing the improvement. An unidentikied gentleman'in the audience referred to new traffic studies which are available and urged that a definite decis2on be made. motion that the matter be continued to the ffrst meeting in April, 1977, with the understanding that the Engineers, the Trafflc Safety Committee, .the Task Force and the Planning Department review the problem and bring the Council up to date on their findings was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Ti1 addition, the flood problems on - Mr, Darrell Boyd, 7204 Shannon Drive, who had Following lengthy discussion, Councllman Shaw's -- I Nays: None Motion carried. Mrs. Larry Johnson was told that new who had worked on the.petition would 30, PERMANENT STREET SURFACING WITE BA-222 IN THE FOLLOWING: notices would go out and that the committee be notified of the meeting. CONCRETE CURB AND GUTTER IXPROVEMENT NO. P- .e Florence Lane from Dewey Hill Road South to Cul-de-Sac Mr- Hyde presented total estimated construction cost at $16,453.33, proposed to be assessed against 1,309.3 assessable feet at an estimated cost of $12.57 per ai foot. No objections being heard, Councilman Courtney's motion authorizing the improvement was seconded by Councilman Shaw and unanimously carried. tion Ordering Improvement later in Minutes.) 31. CONCRETE CURB AND GUTTER WITH BITUMINOUS OVERLAY IMPROVEMENT NO. P-BA-223 IN (See Resolu- I THE FOLLOWING: Beard Avenue from TJ. 59th Street to W. 60th Street Mr, Hyde presented total estimated construction cost at $19,620.56, proposed- to be assessed against 1056.41 assessable feet at an estimated cost of $18.57 per foot. Mr. D~nn advised that this improvement had been petztioned and expressed concern that'the overlay necessitated by installing the curb and gutter made the improvement cost rather high. prior hereto. Councilman Courtney and carried, ,with Councilwoman Schmidt voting "Nayf*. man Courtney thereupon offered the following resolution and moved its adoption: No objections were heard and none had been received Council- Councilman Shaw's motion authorizing the Zmprovement was seconded by RESOLUTION ORDERING DPROVEMENTS 1 WATERMAIN DPROVEMEXTS NOS. WM-3 10, WM-3 1 I , WM-314, -1M-316, WM-318, WM-320, WM-323, SANITARY, SEi?ER IMPROVEWNTS NOS. SS-334, 'SS-335, SS-338, SS-340, SS-343, GRADING AND GRAVELING DPROVEXENT NO. C-122 PZRMANENT STREET SURFACING WITH CONCRETE CURB & GUTTER NO. BA-222, BA-223, BA-224 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of.each parcel within the area proposed to be assessed on the following proposed improvements : 1. 2. 3. 4. 5. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. i4M-310 IN TW FOLLOIJING: Xoccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Forest Glen Road from Valley View Road to cul-de-sac Millpond Place from Westbrook Lane to railroad right-of-way Blake Road from Interlachen Blvd. to Interlachen Blvd; 3 Interlachen Blvd. from Waterman Avenue to the East line of Section 6, Township 117, Range 21 Goya Lane from County Road 158 to 50' 3- North of cul-de-sac; Easement line from 50' + - North of 'Goya-Lane to Doncaster Wsy Doncaster Way from Co. Rd.158 Frontage Road to Croyden Lane Co. Rd. 158 Frontage Rd. from Merritt Circle to Doncaster Way CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-311 IN THE FOLLOWING: CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. \@I-314 IN THE FOLLOWING: CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-316 IN THE FOLLOWING: CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. 1m-318 IN THE FOLLOWING: Merritt Circle Ayrshire Blvd. from Co. Rd. 1.58 Frontage Rd. to Doncaster from Doncaster Way to Glengarry Parkway Way 1/17/77 57 Glengarry Parkway from-County Road 158 to Northwood Drive Northwood Drive from Glengarry Parkway to Chantrey Road Northwood Drive froin Mirror Lakes Drive-to Dundee Road Dundee Road from Ayrshire Blvd. to Northwood Road Ayrshire Blvd. from Mirror Lakes Drive to Dundee Road Hidden Lane from Mirror Lakes Drive to Dundee Road . Merilane from Interlachen Blvd. North to cul-de-sac Rolling Green Parkway from Interlachen Blvd. North to Annaway Drive Bywood West from Interlachen Blvd. North to Annaway Drive Annaway Drive from Merilane West and North to cul-de-sac' Crescent Terrace from Bywood West to Rolling Green Parkway Mait Lane from Annaway Drive to Merilane Interlachen Blvd. from West right-of-way line of Mirror Lakes Drive extended From Merilane cul-de-sac, thence Northerly along East line of Lot 12, Block . ' South Drive from Mirror Lakes Drive to Dundee Road. 6. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-320 IN THE FOLLOWING: West 59 650' West of Bywood West 1, Gunnar Johnson's Second Rearrangement of Rolling Green to a point 10 feet South of the Northeast corner of said lot on said line, thence Easterly 10' South of and parallel to the North line of Block 1, Walling's Addition, First Replat, to the East line of said Block, thence Easterly 85' to a point which is 5' North of the North line of Lot 1, Block 1, Hilldale LaLone Addition, thence Easterly 5' North and parallel to said Lot 1 to the West right-of-way line of Ci-cle West, thence to Circle West cul-de-sac; Gunnar Johnson's 2nd Rearrangement of Rolling Green to the West line of Lot 4, Block 1, Gunnar Johnson's 2nd Rearrangement of Rolling Green, thence Northwesterly along said West line to Annaway Drive From Mait Lane North parallel and 5' West of the West of Lot 7, Block 1, 7. CONSTRUCTION OF WATERHAIN IMPROVEMENT NO. 323 IN THE FOLLOWING: Hillside Road from Valley View Road to Tracy Avenue Crescent Drive from Hillside Road to Westridge Blvd. Crest Lane from Vestridge Blvd. to cul-de-sac Westridge Blvd. from Valley View Road to Ridgeway Road Crescent Drive from Westridge Blvd. to Countryside Road Hunter Street from Westridge Blvd. to Crescent Drive Highland Road from Westridge Blvd. to Crescent Drive Arbour Lane from Tracy Ave. to Arbour he. Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Forest Glen Road from Valley View Road to cul-de-sac Parkwood Road from Schaefer Road to Akers Lane Akers Lane from Parkwood Road Northerly 230' + CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NOT SS-340 IN THE FOLLOWING: Sunnyside Road from Tomes Road to West 240' 4- CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NOT SS-343 IN THE FOLLOWING: Zenith Ave. from 210' + North of centerline of W. 62nd Smeet to W. 62nd St. W, 62nd Street from Zezith Ave. to Abbott Ave. Abbott Ave. from W. 62nd Street to 240' + North Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac IN THE .FOLLOWING: Florence Lane from Dewey Hill Road South to cul-de-sac PERMANENT STRl3ET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. Beard Avenue from W. 59th Street to W. 60th Street CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER Moccasin Valley Road from the South line of Moccasin Valley Addition Southerly to cul-de-sac and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, except that Arbour Lane shall be deleted from Watermain Improve- ment No. WM-323, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and mainten- ance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: 8. CONSTRUCTION OF SAruITARY SEWEX IMPROVEMENT NO. SS-334 IN THE FOLLOWING: 9. CONSTRUCTION OF SANITARY SEWR IMPROVEMENT NO. ss-335 IN THE FOLLOWING: - IO. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-338 IN THE FOLLOWING: 11. 12. 13. CONSTRUCTION OF GRADING AND GRAVELING IMFROVEMENT NO. c-122 IN THE FOLLOWING: 14. PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT BA-222 15. BA-223 IN THE FOLLOWING: 16. IMPROVEMENT NO. BA-224 IN THE FOLLOWING: 1/17/77 ' . (58 No. 1 Above WATEIiElAIN DPROiTEENT NO. IW-3 10 -- No. 2 Above WATERMAIN IMPROVEIIENT NO. IW-311 No. 3 Above WATERMAIN IEPKOVEMENT NO. WIG314 *. No. 4 Above WATERMAIN IMPROVEMENT NO WM-316 No. 5 Above WATEKEIAIN IIPROVEMENT NO. I@f-3 18 No. 6 Above NATEDIAIN IEIPROVEMENT NO. WM-320 No. 7 Above WATERMAIN IMPROVEMENT NO. 1-1-323 No. 8 Above WATERMAIN IMPROFIIENT NO. IJM-334 No. 9 Above SANITARY SEWER IMPROVEMENT NO. SS-335 No. 10 Above SANITARY SEWER IMPROVEMENT NO. SS-338 No. 11 Above SANITARY SEWER IMPROVEMENT NO. SS-340 No. 12 Above SANITARY SEWER IMPROVEEENT NO. SS-343 No. 13 Above GRADING & GRAVELING NO. C-122 No. 14 Above STREET IMPROVEMENT NO. BA-222 No. 15 Above STREET IMPROVEMENT NO. BA-223 No. 16 Above STREET IMPROVEMENT NO. BA-224 and the area to be specially assessed for tary Sewer Improvement No. SS-334, Grading and Graveling Improvement No. C-122 and Street Improvement No. BA-224 includes Lots 1 and 3, Block I, Charles & Ilene Wright Addition, Lot 1, Block 1, Braemar Hill-a-Way Addition, and Lots 1 thru 5, inclusive, Braemar's Homestead Addition; the area proposed to be assessed for Watermain Improvement No. WM-311 includes Lots 1 through 4, inclusive, Block 1, Dahlquist Addition Replat; Improvement No. WM-314 includes Lots.7 and 8, Block 2, and the Nest 1/2 of Lot 3 and Lots 4, 5 and 6, Block 3, Tingdale Bros. Brookside Addition; the area pro- posed to be assessed for Watermain Improvement No. WM-316 includes Lot 1, Block 1, Conn Heights Addition, Lots 4, 5 and 6, Block 1, Mirror Lake View, Lots 29 and 32, Auditor's Subdivision 325, and Parcels 4800 kd 5200, Sec. 30, T. 117, R. 21; the area proposed to be assessed for Watermain Improvement No. iJM-318 includes Lots 1 thru 8, inclusive, Danijohn's Addition; Lots 1 thru 12, inclusive, Block 1, Lots 1 thru 11, inclusive, Block 2, Lots 1 thru 10, inclusive, Block 3, Victorsen's Addition to Edina Highlands; Lots 2 thru 5, inclusive, Block 2, Rosendahl's 2nd Addition to Edina Highlands; Lots 1 thru 4, inclusive, Block 1, . John E. Anderson's 2nd Addition to Edina Highlands, Lots 1 thru 9, inclusive, Block I, And Lots 4 thru 13, Block 2, John E. Andersen's Addition to Edina Highlands, Lots 1 thru 11, inclusive, and Lots 36 and 37, Rosendahl's Edina Highlands, Lots 10 thru 15, inclusive, Block 2, Lots 1 thru.9, inclusive and Lots 11 and 12, Block 3, Lots 1 thru 9, inclusive, Block 4,Lots 1, 2 and 3, . Block 7, and Lots 1 thru 7, inclusive, Block 8, Mirror Lakes in Edina; Lot 1, Block 3, Yund's Addition to Edina Highlands, Lots 1 and 2, Block 1 and Lot I, Block 3, Mirror Lakes Meadow-\hod Addition to Edina Highlands; the area proposed to be assessed for Watermain Improvement No. 320 includes Lots 5, part of Lot 6, part of Lot 7, Parcel1000 (Part of Lot 8), Parcel 1101 (Part of Lot 8), Parcel 1400 (Part of Lot 9), Lots 10 thru 16, inclusive, Lots 18 thru 29, inclusive, Lots 31 thru 36, inclusive, and Lot 41, Rolling Green, Lot 1, Block 1, Rolling Greb, Bush Replat, Lots 46 thru 54, inclusive, and Lots 59, 59A, 60 and 60A, Rolling Green, Section Two, Lots 1 and 2, Block 1, Xeplat of Lot 30, Rolling Green, Lot 1, Block 1, Replat of Part of Lot 31, Rolling Green, Lots 1 thru 5, iaclusive, Block 1, Gunnar Johnson's Rearrangement, Rolling Green, Lots 1 thru 12, inclusive, Blocl? 1, Gunnar Johnson's Second Rearrangement , Rolling Green, Lots 1, 2 and 3, Block 1, Nailing's AdditLon, First Replat; Lots 1, 2, 3, 6, 7 and 8, Block 1, Carlsen's Park, Lot 1, Block 1, Replat of Part of Lot 6, Rolling Green, and Lots 1 thru 6, inclusive, Block 1, Gilwood Addition; the area proposed to be assessed for Watermain Improvement No. WM-323 includes Lots 8 thru 11, inclusive, Block 1, Lots 1, 2, 3, 7 and 8,, Block 2, Lot 8, Block 3, Lot 1, Block 4, Lots 6 thru 13, inclusive, Block 6, Lots 4 thru 12, inclusive, Block 7, Lots 5 thru 13, inclusive, Block 8, and Lots 1 thru 12, inclusive, Block 9, -, Countryside Addition, Lots 2, thru 7, inclusive, Block 1, Lots 1 thru 5, inclus- ive, Block 2, Lots 2 thru 20, inclusive, Block 3, Lots 1 thru 4, inclusive, Block 4, and Lots 1 thru 9, inclusive, Block 5, Valley View Heights; the area proposed to be assessed for Sanitary Sewer Improvement No. SS-335 includes- - Lots 1, 2 and 3, Dahlquist Addition Replat; the area proposed to be assessed for Sanitary Sewer Improvement No. SS-338 includes Lot 1, Block 1, Lots 1 and 2, Block 2, and Lot 2, Block 4, Parkwood Knolls; for Sanitary Sewer 1mproven;ent No. SS-340 includes Lot 2, White Oaks 3rd and Lots 14 and 15, Auditor's Subdivision 319; the area proposed to be assessed for Sanitary Sewer Improvement No. SS-343 includes Lots 15, 16 and 17, Block 3, Lot 16, Block 4, part of Outlot 1, Town Realty's Edina Terrace, Parcel 6600, Sec, 20, T. 28, R. 24 and Lot 1, Block 1, Anderson's Edina Terrace; proposed to be assessed for Street Improvement No. BA-222 shall include Lots 1 I thru 14, inclusive, Block I, Buchanan Addition; the area proposed to be assessed for-Street Improvement No. BA-223 shall include Lots 14 thru 23, inclusive, Block 5, Harriet Manor 2nd Addition, and Lots 6 thru 9, inclusive, Auditor's Sub- division 312. Watermain Improvement No. WM-310 Sani- the area proposed to be assessed for Watermain I . the area proposed to be assessed the area 1/17/77 Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt (except as to Street Improvement BA-223), Shaw (except as to Watermain Improvements Nos. WM-325 and WM-317) VanValkenburg Shaw as to Watermain Improvements Nos. WM-315 and WM-317 Schmidt as to Street Improvement No. BA-223 Nays: Resolution adopted. 59 i ORDINANCE NO. 811-A87 GRANTED FIRST READING. ing of Ordinance No. 811-A87 had been continued most recently from the meeting of December 1, 1976, and advised that, as directed by Council and requested by residents in the area, the ordinance as revised had been mailed out for review and comments of residents. Courtney offered Ordinance No. 811-A87 for First Reading and moved its adoption: Mr. Luce recalled that First Read- . No objections or comments being heard, Councilman ORDINANCE NO. 811-A87 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO ESTABLISH THE SENIOR CITIZEN RESIDENCE DISTRICT AND STANDARDS AND RESTRICTIONS FOR THE DISTRICT, AND ADDING DEFINITIONS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 811 is hereby amended by renumbering Section 12 (Definitions) and Section 13 (Administration) to Section 13 and Section 14, respectively. Sec. 2. Section 2 of Ordinance No. 811 is hereby amended by adding a new district to the list of districts therein contained, as follows: "Senior Citizen Residence District (Section 12) .I1 Sec. 3. Ordinance No. 811 is hereby amended by adding a new Section 12, as "Sec. 12. Senior Citizen Residence District "1. Purpose and Intent. follows: . The City Council of the City of Edina finds that there is a need in the City of Edina for affordable housing for elderly citizens, and that the increasing population of elderly residents should have available to them pleasant, safe, and economical housing in the City of Edina designed to satisfy the special social and physical needs of this segment of the population. Therefore, the Senior Citizen Residence District is hereby established to accom- modate these needs and to promote 'the general health, safety, and welfare of the residents of Che City. "The standards contained herein are intended to permit residences that have a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Sectim 4 of Ordinance No. 811. "When considering petitions for the transfer of land to the Senior Citizens Residence District, the Edina Planning Commission and Council shall consider the then most recent Housing Assistance Plan approved by the Council, and only those properties that are designated by or shown on such plan as possible locations for senior citizen residences shall be considered for transfer to, or transferred to, the Senior Citizen Residence District. "It is not the purpose and intent of the Senior Citizen Residence District to allow, and there shall not be allowed in the Senior Citizen Residence District, convelescent, nursing, rest, boarding care, or similar types of resi- dences, homes, or facilities. "2. Senior Citizen Residence District Boundaries. The Senior Citizen Residence District hereby established shall be further subdivided into subdistricts designated as District SR-3, District SR-4 and District SR-5, and shall be located as shown by amendments hereafter made to this paragraph. General Standards. Restrictions and requirements set out in Section 4 (Multiple Residence District) of Ordinance No. 811, in paragraph 3 (Restrictions on Lot Area, Building Bulk and Setbacks), paragraph 4 (Building Design and Cons- truction), paragraph 5 (Distance Between Buildings), paragraph 7 (Accessory Build- ings), and paragraph 7 (Parking), relative to the R-3, R-4 and R-5 Districts, shall apply to the SR-3, SR-4, and SR-5 Districts, respectively except as speci- fically modified by this Section 12, and in every case the most restrictive applicable standard set out in said paragraphs shall govern unless specifically modified by the provisions of this Section 12, in which case the provisions of this Section 12 shall govern. The following uses are permitted when a building permit 2nd occupancy certificate have been approved by the Plan- ning Director and issued by the Building Inspector, and no person shall erect, alter, enlarge, move, demolish, use, occupy, or maintain any building, structure, improvement, or prem5ses without first having obtained such permits: . "3. "4. Specific Uses Permitted in Districts. (a) Principal Uses. "District SR-3: "(1) Senior citizen residences containing not less than three nor more than 12 dwelling units, all but one of which shall be senior citizen dwell- ing units and occupied by a single individual 62 years of age or over, or two 1/17/77 -j 64 in ividuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. "Districts SR-4 and SR-5: "(I) Senior citizen residences containing five or more dwelling 7 - units, all but one of which shall be .senior citizen dwelling units and occupied by a single individual 62 years of age or over, or two individuals one of whom is 62 years of age or over, and the other dwelling unit shall be designed for and used by the caretaker or resident manager of the senior citizen residence. In addition t,o those subordinante sues that are clearly and customarily incident to the principal uses, such as driveways, park- ing areas, and garages, the community facilities required by paragraph 6 of this section will be permitted on the lot occupied by the principal use. "(b) Accessory Uses. "5. Restrictions on Lot Area, Building Bulk, and Setbacks. "(a) Required Lot Area. The minimum lot areas, the maximum allowances, and schedule of allowances set out in paragraph 3 of Section 4 of Ordinance No. 811, used in the calculation of required lot area, will be applicable to Districts SR-3, SR-4, and SR-5, respectively, and, in addition, the following allowances are hereby added to to the schedule of allowances: "District Basis and Amount of Allowance "SR-3 For each senior citizen dwelling unit; . "SR-4 and SR-5 subtract 1500 sq. ft. For each senior citizen dweLling unit; subtract 1000 sq. ft. "(b) Lot coverage and Floor Area Ratio (FAR). .-. v "District Plaximum Lot Coverage Elaximum FAR -- "SR-3 ad SR-4 35% "SR-5 30% "(c) Useable Lot Area. 1.2 .. - "6. 'ing m.itd shall' be "District Square Feet Per Senior Citizen Dwelling Unit "SR-3, SR-4, and SR-5 Area is designed, constructed, and equipped for (for 5 and 6 story dence.and their guests. buildings) '200, provided a minimum of 25% of the Useable Lot recreational use of the occupants of the resi- . SR-5 (for 100, provided a minimum of 25% of the Useable Lot recreatfonal use of the occupants of the resi- . buildings Area is designed, constructed; and equipped for over 6 stories) dence and their guests. Floor mea. Building Design and Construction. "(a) The minimum net floor area of a senior citizen dwell- shall be not less than 550 square feet, and the maximumnet floor area not more than 650 square feet. "(b) Community Facilities. Senior citizen residences shall provide recreational, service, and meeting facilities for the use and enjoyment of the resTdents of the building and their guests, with a minimum net floor area of 1250-square feet or 15 square feet for each senior citizen dwelling -sit, which- ever is greater. occupancy all year. They may consist of meeting rooms, hobby rooms, game rooms, swimming pools , exercise facilities , group kitchen facilities , and similar uses. outdoor areas, laundry rooms, storage areas, mechanical rooms, hallways, foyers, office, commercial or any circulation space or purely ornamental areas shall not be included to satisfy this requirement. "(c) Laundry Facilities. Adequate laundry facilities and equipment, including automatic clothes washing and drying machines, laundry tubs, and counter space shall be provided in each senior citizen residence, in a separate room with a minimum floor area of 120 square feet. "7" Parking. Senior citizen residences shall provide parking that conforms to the setback, screening, surfacing, and size requirements for multiple family -- residences set out in paragraph 7 of Section 4 of Ordinance No. 811, except as' modified by the following standards: for each non-senior citizen dwelling unit. One enclosed or exposed parking space is required for each senior citizen dwelling unit; provided, however, one-half enclosed or exposed parking space is required per senior citizen dwell- ing.unit in a senior citizen dwelling unit in a senior citizen residence that has an entrance located within 500 feet of a public bus stop that has a minimum of 20 scheduled busses per day. for each vehicle okmed by the management or stored on the-site, and one exposed parking space is required for each employee who is not a resident of the senior citizen residence. "The facilities shall be indoor space furnished and conditioned for . "(a) One completely enclosed and one exposed parking space is required "(b) In addition, one completely enclosed parking space us required 1/17/77. "(c) A minimum of 75% of the parking required herein for senior titi- . ,,f zcn residences must be totally enclosed within the principal building or an asscs'sory building. senior citizen residence.artd their guests and visitors. They may, nowever, also be used on a temporary basis by others while making deliveries to an occupant or while doing work on the residence or site." Sec. 4. Section 13 (Definitions) of Ordinance No. 811 is hereby amended to add the following definitions: It buildings specifically designed for use by individuals 62 years of age or over, provided the following criteria are satisfied: "(1) "(2) unit are single 62 years of age or over, or two individuals one of whom is 62 years of age or over. living and storage space, the net floor area ahich shall be not less than 550 square feet nor more than 650 square feet, and specifically designed for occupancy by a single individual 62 years of age. or over." its passageand publication. "(d) All parking spaces shall be used only by the occupants of the 'Senior Citizen Residence' -- A multiple dwelling unit building or group of The site is within an SR-3, SR-4, or SR-5 district All dwelling units other than the caretaker's or resident manager's citizen dwelling units and are occupied by a single individual I' 'Senior Citizen Dwelling Unit' -- A one-bedroom apartment with a kitchen, Sec. 5. This ordinance shall be in full force and effect immediately upon LOT 8, BLOCK 2, MENDELSSOHN HEIGHTS DIVISION APPROVED. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr. Luce recalled that there had been a proposal to plat.this property which was denied by Council on December 6, 1976, because it would have created two buildable lots. He explained that at that time it had been discovered that a lot in the area had been sold and said that the proposed lot division would merely confirm that division. Mr. Luce emphasized that the division would not create an addi- tional buildable lot and that Planning Commission had recommended approval. Mr. Ed Zatarga, 6324 Waterman Ave., was told by an unidentified lady representing Mrs. Emma England, owner of property at 604 Blake Road, that the previous Scot.: Lewis plat has been dropped and that there will be no attempt to extend Waterman Avenue West of Blake Road. No further discussion being heard, Councilman Courtney offered the following resolution and moved its adoption: P a a a RESOLUTION WHEREAS, the following described tracts of land are now separate parcels: Lot 8, Block 2, Mendelssohn Heights; and That part of Lot 29, Mendelssohn, and part of vacated Waterman Avenue and Main Street described as follows: Beginning at the Judicial Monument at the Northeast corner of El Rancho Addition; thence Southerly along the East line of said El Rancho Addition to an intersection with a line parallel with and 396 feet North of the South line of said Lot 29; thence East along said parallel line and its extension to the West line of Mirror Lake Terrace as now laid out and monumented; thence Northerly along said West line to the Southwesterly line of Blake Road; thence Northwesterly along said South- westerly line to an intersection with a line parallel with and 20 feet South of the South line of Block 2, Mendelssohn Heights, as now laid out and monumented; thence West along last said parallel line to an intersection with the Northerly extension of the East line of said El Rancho Addition; thence Southerly along the extension of said East line to the point of beginning; and 1 WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels") : Lot 8, Block 2, Mendelssohn Heights and that part of Lot 29, Mendelssohn, and part of vacated Materman Avenue and Main Street, described as follows: Beginning at the Judicial Monument at the Northeast corner of El Rancho Addition; thence Southerly along East line of said El Rancho Addition to an intersection with a line parallel with and 396 feet North of the South line of said Lot 29; thence East along said parallel line and its exten- sion to the West line of Mirror Lake-Terrace as now laid out and monu- mented; thence Northerly along said West line to the Southwesterly line of Blake Road; thence Northwesterly along said Southwesterly line to an intersection with a line parallel with and 20 feet South of the South line of Block 2, Mendelssohn Heights as now laid out and monumented; thence West along last said parallel line to an intersection with the Northerly extension of the East line of said El Rancho Addition; thence Southerly along the extension of.ssid East line to the point of beginning except that part lying Easterly of the Southerly extension of the Easterly line of said Lot 8, Block 2, Mendelssohn Heights; and 1/ 17/77 That part of Lot 29, Mendelssohn, and part of vacated Waterman Avenue and Main Street except that part described as follows: Beginning at the Judi-T cia1 Monument at the Northeast corner of El Rancho Addition; thence South- erly along the East line of said El Rancho Addition to an intersection with a line pa,rallel with and 396 feet North of the South line of said Lot 29; thence East along said parallel line and its extension to the West line of Mirror Lake Terrace as now laid out and monumented; thence Northerly along said West line to the Southwesterly line of Blake'Road; thence Northwesterly along said Southwesterly line to an intersection with a line parallel with and 20 feet South of the South line of Block.2, Mendelssohn Heights as now laid out and monumented; thence West along last said parallel line to an intersection with the Northerly extension of the East line of said El Rancho Addition; thence Southerly along the extension of said East line to the point of beginning except that part lying Easterly of the Southerly extension of the Easterly line of said Lot 8, Block 2, Mendelssohn Heights; 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 Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and Sll; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL of the City of Edina that the conveyance and ownership 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 Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Resolution adopted. FIRE STATION BEDS BID AWARDED. Mr. Hyde presented tabulation of bids taken in rgsponse to Advertisement for Bids in the Edina Sun and Construction Bulletin, advising that the only bid received was from Sic0 Corporation in the amount of" $9,404.48 installed for 16 beds. motion awarding bid to Sic0 Corporation was seconded by Councilwoman Schmidt. No comments being heard, Councilman Courtney's *. Ayes : Nays : Richards 'Motion carried. Courtney, Schmidt, Shaw, Van Valkenburg ANIMAL CONTROL VEHICLE PURCHASE AUTHORIZED. Mr. Hyde recalled that the animal control vehicle had been included in bids for other vehicles taken a few weeks ago. In view of the fact that the present vehicle has been driven over 90,000 miles, he recommended purchase of a new vehicle from Freeway Ford at $5,349, if the bid is still available. Councilman Courtney's motion authorizing the pur- chase of a new animal control vehicle was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Yalkenburg Nays: None Motion carried. f INDIAN HILLS ARROIGEAD 2ND ADDITION FINAL PLAT COhTINUED INDEFINITELY. advised by Mr. Luce that no developer's agreement has been received for Indian Hills Arrowhead 2nd Addition, Councilman Courtney's motion continuing the plat indefinitely was seconded by Councilman Shaw. Being Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. FRANK TT2B HEMORIAL PARK ZONING HEARING DATE SET. setting February 7, 1977, for hearing date for Frank Tupa Park, 4924 Eden Ave., for Heritage Preservation District zoning was seconded by Councilwoman Schmidt. Councilman Richards' motion Ayes : Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. LOT 12, GRIFFIS SUBDIVISION OF BLOCK 18 DIVISION APPROVED. that'a dispute exists as to the property line of Lot 12, Griffis Subdivision of Mr. Erickson advised Block-18 and recommended division of the lot to clarify the lot line.' Mr. Donald Ardery, request representing Donald Tomplcins, one of the fee owners, was present to the division. No objections being heard, Councilman Richards offered 1/17/77 the following resolution and moved its adoption:. WHEREAS, the following described tracts of land are now separate parcels: - RESOLUTION Lot 12. Griffis' Subdivision of Block 18, except the North 15 feet -63 i .. thereof and the North 112 of vacated Waterman Avenue; and Lot 9, Block 1, "Schwantes' Addition" and the South 1/2 of vacated Waterman Avenue; and WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described new and separate parcels (herein called "Parcels"): Lot 12, except the North 15.0 feet thereof, Griffis' Subdivision of Block 18, Mendelssohn; and that part of vacated Waterman Avenue lying South of and adjacent to said Lot 12, and lying North of the following described line: Commencing at the Northeast corner of Lot 9, Block 1, "Schwantes' Addition"; thence North on the extension of the East line of said Lot 9, 16.0 feet, to the actual point of beginning of the line to be described; thence West, and parallel to the North line of said Lot 9, 117.88 feet; thence Northwesterly, 30.54 feet more or less, to a point on the East line of Arthur Street, said point being 27.67 feet North of the North line of said Lot 9, as measured along the East line of Arthur Street, and there termininating; and Lot 9, Block 1, "Schwantes' Addition"; and that part of vacated Waterman Avenue lying North of and adjacent to said Lot 9, and lying South of the following described line: Commencing at,the Northeast corner of said Lot 9, Block 1, "Schwantes' Addition"; thence North, on the extension of the East line of said Lot 9, 16.0 feet, to the actual point of beginning of the line to be described; thence West, and parallel to the North line of said Lot 9, 117.88 feet; thence Northwesterly, 30.54 feet more or less, to a point on the East line of Arthur Street, said point being 27.67 feet North of the North line of said Lot 9, as measured along the East line of Arthur Street, and there termininating; and 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 Subdivision and Zoning Regulations as contained-in the City of Edina Ordinance Nos. ,801- and ,811; NOTJ, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby zpprovec! and the requfrzments an< provisions of Ordinance Xo. 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 pro- visiosl thereof, and subject, however, to the provision that no further sub'divi- sion be made of said Parcels unless made in compliance with the pertinent ordin- ances 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 tfie resolution was seconded by m rn 4 a P a Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. I LOT 12, GRIFFIS? SZTBDIVISION OF BLOCK 18, MENDELSSOHN EASEMENT RELEASED. As recom- mended by Mr. Erickson in connection with the lot division of Lot 12, Griffis' Subdivision of Block 18, except the North 15 feet thereof and the North 1/2 of vacated Waterman Avenue and Lot 9, Block 1, "Schwantes' Addition" and the South 1/2 of vacated Waterman Avenue, Councilman Richards offered the followinglresolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and Clerk to execute "Partial Release of Easement" .approving release of that portion of the Sanitary Sewer easement lying directly under the dwelling located at 545 Arthur Street (Lot 12, Griffis' Subdivisfon of Block 18, Menclelssohn), and that ehe staff be directed to ascertain the exact.lega1 ilescription of'such easement. &tion fbr adoption of the resolution was seconded by Councilman Shaw. : Bo 11 caL$ ; Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. TEMPORARY RETAIL SALES IN PUNNED INDUSTRIAL DISTRICT CONTINUED. that proper notice had not Gee; given, Councilman Shaw's motion continuing the public hearing on the extension of the date of temporary retail sales in the Planned Industrial District to February 7, 1977, was seconded by Councilman Richards and carried. Being advised 1/17/77 64 . HOME IMPROVEMENT LOAN PROGRAM GUIDELINES CONTINUED 790 "FEBRUARY 7 1977. Mr . Luce j, nresented a modification .of guidelines for, the City's. Home Improvement Loan -Pro-. ' iram for the areas East .of France Avenue, North of Maloney Ave. , and for the NoA- ingside area under which a grant could be made for a maximum of $2,000, depending on income and size of the family, Mr.-Luce proposed that the loan would be inter- est free and would not have to be repa2d unless the property is sold or trans- ferred within seven years. conjunction with the Ninnesota Housing Finance Agency's Home Improvement Loan Pro2 gram and that loans would be secured by a recorded lien on the property. Council questioned the reason-why intekest would not be paid and suggested that the pro-: gram be revised so that interest would be required and so that the loan would have to be repaid whenever the property is transferred to someone other than a surviv- ing spouse. reflect the intent of the Council and continuing the matter to the meeting of Febru- ary 7, 1977, was seconded by Councilman Richards. He explained that this program is being 0perated.b I Councilman Shaw's motion that Mr. Luce revise the guidelines to Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, TRAFFIC SAFETY MINUTES OF JANUARY 11, 1977, REVIEWED, Councilman Courtney moved that Section B of the Traffic Safety Committee Minutes of January 11, 1977, be - accepted and.that Council approve the following: 1. side of W. 70th Street from Tracy Avenue to the East driveway of Cahill School (not the driveway to the parking lot); 2. 3. end of the North lower level of the North parking ramp to be used jointly by handi- capped employees and shoppers. Motion was seconded by Councilwoman Schmidt. --- That NO PARRING, SCHOOL DAYS, 8 A.M.-4 P.M. signs be placed on'the South ' That YIELT) signs on Country Club Road at Browndale Avenue be installed; That two additional handicapped ,parking.spaces be established on the East Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ON-SALE BEER LICENSE LOCATIONS DISCUSSED. Council reviewed a memorandum which indicated the location of the various establishments having On-sale Beer Licenses and which noted that ten out of the fifteen licencees were located within 500 r'ee?:of residential faxtliiy 4wellings. Foiiowing discussion, Councilman Richards; motion ever a new appllcation for On-Sale.Beer License is gubmitted, as well as before Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I that notices be sent to residents within 500 feet of a proposed site when- stne license is rsnewed for the first time vas seconded by Councilman Shaw. HOSEK PROPERTP ACQUISITION CONTINUED TO FEBRUARY 7, 1977. DUM, Councilman Shaw's motion that the acquisition of the Hosek property be continued to February 7, 1977, was seconded by Councilman Courtney. As recomnended by Mr. Ayes: Courtney, Richards, Schmldt, Shaw, Van Valkenburg Nays: None Xotion carried, POPPY LQNE PROPERTY TO BE SUBNITTED FOR BIDS. Councilman Courtney's motion authorizing advertising for bids for the Poppy Lane property owned by the City was seconded by Councilman Snaw, with the understand- ing that ininhum prices be established and that Council will determine the inter- est rates to be charged. As recommended by Mr. Dalen, Ayes: Courtney, Richards, Schmidt, Snaw, Van Valkenburg Nays: None I CRIMINAL JUSTICE OPEN FORUM CONSIDERED; NO ACTION TAKEN. Nr. Hyde advised that after discussing the need for an open forum on criminal justice with the Dixector of-public Safety and with the Police Chief, he decided that there was no need for the open forum which had been recommended by the Hennepin County Attorney. action was taken. No ADDITIONAL 1977 PUBLIC DPROVEMENT PROGRAM CONTINUED TO FEBRUARY 7, 1977. man Shaw's motion continuing discussion of additional 1977 public improyements to February 7, 1977, was seconded by Councilman Richards. Council- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . *. t 1/17/77 '65 SENIOR CITTZEN ASSESSMENT .DEFERMENTS CONTINUED TO FEBRUARY 28, 1977. Mr, Dunn recalled that Council had previously discussed the possibility of deferred assessments for senior citizens as now allowed by State lxw,'and recommended that some guidelines be established. Manager, the Assessor and the City Attorney work together to determine some guide- lines to be discussed at the meeting of February 28, 1977, was seconded by Council- woman Schmidt. Councilman Courntey's motion that the City Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, USE-OF SCANNERS'FOR ELECTIONS DISCUSSED. The Clerk recalled that Senator Steven Keefe is proposing legislation banning the purchase of any new voting system except for scanners to be used in conjunction with paper ballots. be kept informed on the progress of this bill. No action was taken. Council will I I SOUTHDALE LIQUOR STORE FIRE-PROOFING AUTHORTZED, Mr. Hyde presented a tabulation of two quotations received for fire-proofing the Southdale :Liquor *.Store as required by the Fire Department. Tabulation.showed quotations of Custom Drywall, Inc., for $1,200 and Olympic Wall Systems for $1,120 for drywall construction and of Industrial Coatings for $1,266 for Ure-K Spray-on Coating. award .to Industrial Coatings in view of the fact that Ure-K can be applied in a few hours with little disruption of the store activities, whereas the Drywall will take from 2 to 4 days. Councilman Shawvs motion awarding bid to Industrial Coatings for $1,266 was seconded by Councilwoman Schmidt. Mr. Hyde recommended Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. VARIOUS HEALTH DEPARTMENT LICENSE.FEES TO BE RAISED. Councilman Courtney offered the following ordinances for First Reading as As recommended by Mr. Esse, follows : ORDINANCE NO. 434-B AN ORDINANCE AMENDING ORDINANCE NO. 434 ESTABLISHING LICENSE FEES FOR PUBLIC OR SEMI-PUBLIC . SWIMMING POOLS THE CITY COUNCIL OF, THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Section 27 (f) of Ordinance No. 434 is hereby amended to red as follows : (f) "The fee for the license required by this section shall be $150 per .anmm for each swimming pool which is enclosed part or all ~3 the year and $80 per annum for each outdoor swimming pool which is not enclosed at any the. enses hereunder shall expire on April 1 following the date of issue;" Sec. 2. and publication. Lic- This ordinance shall be in full force and effect upon its passage ORDINANCE NO. 731rA2 ESTABLISHING LICENSE FEES FOR FOOD ESTABLISHMENTS AN ORDINANCE AMENDING ORDINANCE NO, 731 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: license fees for food establishments, is hereby amended to read as follows: Sec.. 5. License Fees. Fees for licenses issued hereunder shall be as follows : $150 per annum, plus $25 for each additional facility on the same premises, as set forth above with respect to food establishments, except that food establishments in which the.preparation and sale of food is secondary to the principal business operated on the premises and which provide no sit-down facilities for the consumption of food 011 the premises shall pay a fee of $50 per annum." Sec. 2. March 31, 1977. Sec. 3. and publication. SUBURBAN RATE AUTHORITY DIRECTOR AND ALTERNATE DIRECTOR DESIGNATED FOR 1977. Councilman Courtney offered the following resolution and moved its adoption: Section 1. The first paragraph of Set. 5 of Ordinance No. 731,relating to I1 "Food Establishment: This ordinance shall apply to all licenses issued or renewed after This ordinance shall be in full force and effect upon its passage RESOLUTION DESIGNATING DIRECTOR AND ALTERNATE DIRECTOR TO SUBURBAN PATE AUTHORITY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: Mr. J. N. Dalen is hereby designated as a director of the Suburban Rate Authority, and Xr. Russell Hedlund is hereby designated to serve as alternate director of the Suburban Rate Authority for the year 1977 and until their successors are appointed. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. 1 66 . 1/17/77 L Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Resolution adopted. 50TH AND FRANCE OFFICE BUILDING PARTNERSHIP AGREENENT TERMS REVISED. As recommended by Mr. Erickson, Councilman Courtney offered the following resolution revising terms of the 50th and France Office Building Partnership agreement with the City and moved its adoption: WI-IEWS, the City of Edina has heretofore entered into a certain Real Estate Agree- ment dated December 6, 1976, with the 50th s( France Office Building Partnership ("Partnership") relating to the construction by said Partnership of a building located on 50th Street in the City of Edina ("Project"), a portion of which Project when completed will be purchased by the City; and WHEREAS, it has become necessary to revise the terms of said Real Estate Agreement so as to increase the purchase price to the Partnership of the City's land, to increase the purchase price to the City of the portion of the Project to be pur- chased by the City, to defer payment by the Partnership of a portion of the pur- chase price for the City's land, which deferred payment is to be secured by a second mortgage on that portion of the project which is to be retained by the Partnership, and to make certain other changes; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina, Minne- sota, does hereby authorize and direct the Mayor and the City Manager to execute and deliver to the Partnership that certain revised Real Estate Agreement dated January 17, 1977, pertaining to the Project, and to execute and deliver to the Partnership, and to such other persons as may be appropriate or necessaq, all instruments and agreements referred to therein, and to execute and deliver such other documents, and to do all such other acts and things, as may hereinafter be- come necessary in order to carry out the intention of said Real Estate Agreement. Motion for adoption of the resolution was seconded by CouncilmyI Shaw. RESOLUTION ' -- Rollcall: Ayes: Courtney, fichards, Schmidt, Shaw, Van Valkenburg _. Nays: None Resolution adopted, I comclL's ing Ordinance ion : ESTABLPSmD FOR 1977- COuncflman Richards offered the follow- . 2irst Beading, with .- Waiver of Second Reading and moved its adopt- ORDINANCE NO. 12443 AN ORDINANCE ESTABLISHING SALARIES FOR ELECTED OFFICIALS FOR YEAR 1977 THE CITY COZmCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: follows for the year 1977: Section 1. The salaries of members of the Edina City Council shall be as James Van Valkenburg, Mayor $3,900 Annually C. Wayne Courtney, Councilman . 2,600 Anyually Frederick S . Richards, Councilman 2,600 Annually June A. Schmidt, Councilwoman. 2,600 Annually Willis F. Shaw, Councilman 2,600 Annually This ordinance shall be in full force and effect immediately upon its Sec. 2. passage and pcblication, Motion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Nays: None Ordinance adopted. ATTEST : I. 8LA- YL, City Clerk SPECIAL COUNCIL MEETING TO BE HELD FEBRUARY 12, 1977. called Council's attention to a suggested format for a Special Council Meeting to be held on February 12, 1977, from 8:OO a.m. to 3:30 p.m. Department heads would be invited, as appropriate, chairpersons of each Commission, the Legisla- . tors, Messrs. Short and Kremer, various neighborhood groups and the League of Women Voters. and said that he would formalize the format. Mayor Van Valkenburg The Mayor requested that the Edina Sun publicize the meeting NG formal action was taken. MINNESOTA HIGHWAY DEPAR'WiT GAP II4PROVIGIENT PROJECT AGREEMENT CONTINUED to Febru- ary 7, 1977, by motion of Councilman Courtney, seconded by Councilman Shaw and carried. 1/17/77' CLAIMS PAID. Councilman Shaw's motion was seconded by Councilman Courtney and' ' 67 carried for payment of the following claims as per pre-list: $97,198.87; Park Fund, $5,830.64; Park Construction, $18,755.30; Swimming Pool, $261.88; Golf Course, $999.66; Arena, $8,509.77; Gun Range, $449.91; Water Works, $9,634.00; Sewer Rental, $74,550.73; Liquor Fund, $75,113.37; Construction, $188,305.21; Total, $479,609.34. General Fund, Ayes: Courtney, Richa'rds, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. The agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 12:40 a.m. c