Loading...
HomeMy WebLinkAbout19770228_regularMINUTES OF THE'REGULAR MEETING OF THE EDINA CITY COUNCIL I-IELD AT CITY '&LL 7:OO P.M. FEBRUARY 28, 1977 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg . SANITARY SEWER IMPROVEMENT NO. P-SS-343 ABANDONED, Mr. Dunn recalled that Sani- tary Sewer Improvement No. P-SS-343 had been continued from the Council Meeting of January 17, 1977, so that the Engineeiing Department could study the proposal further for sanitary sewer improvement in the following: Zenith Ave. from 210' 4- North of centerline at W. 62nd St, to W. 62nd St. W. 62nd Street from Zef;ith Ave. to Abbott Avenues Abbott Ave. from W. 62nd Street to 240' I- North Mr. Dunn advised that 6129 Abbott Ave. is already hooked up to a manhole on Abbott Ave. and that the cost for the remaining five connections would be increased to approximately $6,000 for the original proposal which included the lift station. He added, however, that it would be possible for the individual property owners to install private pumps and lines to the existing sewers. Mr. Dunn made refer- ence to letters opposing the improvement from Mr. Clayton Spranger, 6124 Zenith Ave,, and from Mr. John F. Gross, 6121 Zenith Ave., both of whom said that their present systems were very adequate. Mr. Spranger was also in attendance at the meeting and advised that three residents on Zenith Ave. have also expressed their opposition to the improvement. No further discussion being heard, Councilman Courtney's motion that the project be abandoned was seconded by Council- man Shaw. a (9 P Qg =s a Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ODINANCE NO. 811-A88 ADOPTED ON SECOND READING. Councilman Courtney'offered Ordinance No. 811-A88 for Second Reading and moved its adoption: AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811). ORDINANCE NO, 811-A88 TO EXTEND THE EXPIRATION DATE OF THE AMENDMENT YdEXEXQ WE IN ORDINANCE NO. 811-AGO - THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTAy ORDAINS: Section 1. Subparagraph (c) of Paragraph 3 of Section 10 of Ordinance No. 8L1 (Temporary Retail Sales) is hereby amended by deleting from sentence (9) thereof the date "December 31, 1976", and inserting in lieu thereof the date "Dec- ember 31, 1977". Sec. 2. This Ordinance shall be in full force and effect upcn its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. Rol.lcal1: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : '/ City Clerk ORDINANCE NO. 811-A89 ADOPTED ON SECOND READING. Councilwoman Sc'hmidt offered Ordinance No. 811-A89 for Second Reading and moved its adoption as follows: ORDINANCE NO. 811-AS9 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE HISTORIC PRESERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Section 11 of Ordinance No, 811 of the City of Edina is hereby amended by adding the following thereto: "Sec. 9. Boundaries of Heritage Preservation District. The boundaries of the Heritage Preservation District shall include the following described property: That land lying North of Eden Avenue, West of Grange Road and East and South of Minnesota Trunk Highway No. 100 and the 50th Street Exit Ramp, commonly referred to as Frank Tupa Historical Park," and other lands which are hereuIter added to this paragraph by arnendrnents tb this ordinance. publication. Sec. 2. This ordinance shall be in full force and effect upon its passage and 2/28/77 90 Motion for adoption of the ordinance was seconded by CounqLlman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg. Nays: None Ordinance adopted. EBENEZER SOCIETY PLAN MODIFICATION FOR 7500 YORK AVE. S. APPROVED. Affidavits of Notice were presented by the Clerk, approved as to form and ordered placed on file. Mr. Luce presented the proposal of the Ebenezer Society to modify its Planned Residential Development at 7500 York AVe. S. from their earlier approved three, 12-story buildings to one 8-story building with a lobby, as recommended by the Planning Commission. It was clarified that all other statis- tics such identical to the originally approved plan, and that the plan is well within ordinance requirements except for parking restrictions. etect representing Ebenezer Society, showed drawipgs of the revised plans, advis- ing that they included a delicatessen, workshops, laundries and lounges on each floor. No further discussion being heard, Councilman Courtney's motion approv- ing the plans as modified was seconded by Councilwoman Schmidt. as the number of units, parking, enclosed parking, etc., remain' Mr. James Norris, arch- Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. WILLIAM WARDWELL LEWIS PARK ADDITION GRANTED PRELIMINARY PLAT APPROVAL. davits of Notice were presented by Clerk, approved as to form and ordered placed on file. -ary plat approval as proposed by the City of Edina, advising that the plat is generally located at the Northwest corner of Dewey Hill Road and Cahill Road. He advised that property on the Vest side of Amundson Ave. will be used for single family homes and storm sewer ponds and that Outlot A would be for storm sewer holding ponds with Outlot B proposed to be used for park purposes and for some ponding at the extreme Southern end. It was brought out that none of the lots will require use of Amundson Ave. Courtney offered the following resolution and moved its adoption: Af f i- Mr. Luce presented William Wardwell Lewis Park Addition for prelimin- No objections being heard, Councilman RESOLUTION ADOPTING PRELIMINARY PLAT APPROVAL FOR WILLIAM F?ARDWELL LEVIS PARK ADDITION YE IT RESOLVED.thzt the Edhs. City Council that that certain plat zntitled "William Wardwell Lewis Park Addition", platted by the City of Edina and pre- sented'at the Edina City Council meeting of February 28, 1977, be and is hereby grantkd ireliminary plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shav, Van Valkenburg Nays: None .Resolution adopted. DAYTON DEVELOPMENT CONPANY REGISTERED LAND SURVEY CONTINUED TO MAXCH 21, 1977;. Affidavits of Notice were presented by Clerk, approved as to for= and ordered placed on file. of the hearing, Councilman'Courtney/s motion continuing the matter to March 21, 1977, was seconded *by Councilwoman Schmidt. Eeing advised that Mr. Jack Rice had requested the continuation ' Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA SCHOOL DISTRICT 273 FLOOD PLAIN PERMIT CONTINUED TO MARCH 21, 1977. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the request of the Edina School District 273 €or a Flood Plain Permit for the Edina West Campus Ball Field, advising that the Watershed Drstrict and the Planning Commission have recommended approval of the new grading of the baseball field and of the practice field for the follow- ing reasons: The proposed flood plain encroachment is necessary to upgrade the athletic field complex; 2) Adequate.flood water storage volume has been provided on the site; 3) The proposed encyoachment is in conformance with the Watershed District's policies and regulations. >fr. Luce added that approval of the permit is conditioned upon the following: 1) All proposed elevations showing the grading plan must be lowered by .2 feet; 2) All disturbed areas mist be adequately re-vegetated within three months after construction; and Sj Haybale dikes a other suitable temporary erosion control measures must be implemented along the Northerly drainage swale to prevent truction. 1) erosion during cons- Letters expressing concerns and requests regardin>; proposed develop-. 2/28/77 ment of the athletic fields were submitted by a nunibcr of neighbors in the area. 91 i I .. .. 1' .; They stated that their primary concern is the saEety of their children during the construction period and requested that 1) all workmen be required to park in a high school parking lot; 2) that trucks hauling dirt to the area be required to travel at a speed no greater than 15 miies per hour; 3) that contractors be required to carry insurance which would protect property owners froin any damages that could be proven to be a direct result of the heavey trucks hauling dirt on Creek Valley Road; and 4) that safety measures be taken which would dis- courage children from entering the construction area or going near the equipment. Speaking in regard to concern for the safety of children in the area were Mrs. Th0ma.s M. Soller, 6604 Nordic Drive, Mr, John 0. Swanson, 6424 Nordic Circle, Mrs.'John Erlamson, 6501 Nordic Drive, and Mrs. Ruben H. Anderegg, 5848 Creek Vall&y Road, who also suggested that perhaps the fields would not be needed inas- much as the School District is considering charging students who participate in sports programs. when the School District is trying to curtail its budget. was told that the area South of the present path will not be taken, F. Buenz, 5533 Creek Valley Road, was told that there would be more water storage for the area. Mr. Donald Brauer of Brauer & Associates, assured an unidentified gentleman in the audience that theSe will be no change in the ground water table. He said also that bids could be postponed if necessary. Councilman Courtney sug- gested that it would be reasonable for workers to park in the school parking lot and that speed of trucks be restricted to 15 miles per hour. He then moved that the matter be given preliminary approval at this time, with the understanding that the matter be referred to the Traffic Safety Committee and with the recommendation that the School Board react to the safety problem and that the matter be continued to the meeting of March 21, 1977. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg. Nays: None Motion carried. Mr. Swanson also questioned the expenditure of money at a time Mr. William B. Tarp Mr. Walter Motion was seconded by Councilman Shaw. Residents were told that they would be welcome to attend the Traffic Safety Com- mittee Meeting which will be held in the City Hall Conference Room at 9:30 a.m. on March 15, 1977. DAHLQUIST ADDITION REPLAT GK4NTED PRD-1 ZONING AND PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition for PRD-1 Planned Residential District zoning for Dahlquist Addition Replat, located generally North of Mark Terrace Drive and East of Valley View Road at the South end of Bror Road. explained that preliminary approval had been granted previousiy for a four lot plat, but that the owners discovered that the cost of constructing a.public would be prohibitive because of the grade of the hill. construct a private road leading to the proposed four lot Flat. 4970 Mark Terrace Drive, was told that four one family dwelling units would be built. Mr. Richard Reeves, 7029 Valley View Road, explained that property owners Courtney offered the following resolution and moved its adoption: He It is now proposed to Mr. Thomas Brennon, ,will pay for upkeep of the private road. No objections being heard, Councilman RESOLUTION APPROVING PRELIMINARY PLAT OF DAHLQUIST ADDITION REPLAT BE IT RESOLVED by the Edina City Council that that certain plat known as Dahlquist Addition, platted by Builtwell Construction, Inc., and presented at the Edina City Council Meeting of February 28, 1977, be and is hereby granted preliminary plat approval. Motion for. adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . . Resolution adopted. Councilman Courtney then offered Ordinance No. 811-A90 for First Reading as follows: ORDINANCE NO .' 8 11-A90 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO PRD-1 RESIDENTIAL DISTRICT FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, IIINNESOTA, ORDAINS: enlarged by adding the following thereto: Section.1. Paragraph 4 of Section 5 or' Ordinance No. 811 of the City is "The extent of the Planned Residential District (Sub-District PRD-I) is *%" . enlarged by the addition of the following property: Lots 1 and 2, Block I., Dr;hlquist Addition, (v1iic.h .is in Sub-I)istrict PKD-I). Sec. 2. and publication. e. .. This- ordinance shall be in full force and effct L: upon its passage 2/28/77 LOTS 25 P ?D 26, IORNINGSIDE, DIVISION APPROVEI). Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr; Luce pre- sented the request Esr division of Lots 25 and 26, Morningside, as recommended by Planning Commission, advising that the resultant lots would be consistent with other lots in the area. offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: Lot 25 and the South 35 feet of Lot 26, MORNINGSIDE, according to the plat thereof on file and of record in the office of the Register of Titles, Hennepin County, Minnesota; and No objections being heard;Councilman Courkney- RESOLUTION WHEREAS, the owner of the above tract of land desires to subdivide said tract into the following new and separate parcels (hereinafter called "Parcels") : Lot 25 and the South 35 feet of Lot 26, MORNINGSIDE, except the West 1.00 feet thereof, according to the plat thereof on file and of record in the office of the Register of Titles of Hennepin County, Minnesota; and The West 100 feet of Lot 25 and the Nest 100 feet of the South 35 feet of Lot 26, MORNINGSIDE, according to the plat thereof on file and of record in the office of the Register of Titles of Hennepin County, Ninnesota; and TGTEREAS, it has been determined that compliance with the Subdivision 2nd 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 Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos.. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Counci.1 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. SO1 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 ordznances of the City of Edina or with the prior approval of this Counci-l as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall ; Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. STREET EAW CHANGES COhTINUEB IhTDEFINITELY. Councilwoman Schmidtrs motion con- tinuing indefiG5tely the public 'hearings- on Street Name Changes as follorqs : - I) Florence -Lane to "Eirkaldy Court", 2) Doran Lane to "Doron Lane" and 3) Glehson - mad to "Gleeson Road".' Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CIVIL DEFENSE WARNING SIRENS BIDS REJECTED. defense warning system were considerably higher than estimate and the anount that had been budgeted, Councilman Courtney's motion rejecting the bids and to re- advertise after a new siren location site has been selected and a determination is made as to how much of the electrical service work can be done by the City elecztrician, was seconded by Councilwoman Schmidt. Being advised that bids for a civil . Ayes: Courtney, Richards, Schmidt, Skaw, Van Valkenburg Hays: None Eotion carried. POINT OF FRANCE CONDO COACH LICENSE APPROVED. Being advised of an application for a Taxi License having been received from Point of France for its "Condo Coach", Councilman Shaw's motion was seconded by Councilman Courtney, authorizfng issuance of the license, subject to receipt of a certificate of insurance and evidence that a licensed driver will operate the Condo Coach. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MUNICIPAL FINANCE STUDY PROPOSAL REJECTED. Council's attention was called to a resolution adopted by the City of Brooklyn Park requesting Edina's participation in an expansion of a local govc-rnment fiscal study by the State Pjanning Agency. Following discussion, Councilman Shaw ' s motion was seconded by Coancilman Richards directing the Finance Director to write to the Mayor of Brooklyn Park advising him League of Minnesota Cities' Committee in this matter. . that Edina believes that the City will be better served by working through the Ayes: Courtney, Ri.chsrds , Scliiiiidt , Shaw, Van Vn Lkcnburg Nays: None. Motion carritdd. 2/28/77 ' 93 GRADING IMPROVEMENT NO. C-125 AUTHORIZED ON 100% PETITTON. -- Being advised that a petition for grading of Delaney Boulevard in Smiselc Addition had been received- on February 14, 197'7, signed by alL owners of real property abutting on safd portion of Delaney Boulevard, viz. Enterprise Properties by J. Segal, partner. Said petition also requested the Council to assess the entire cost against the property of such owners. resolution and moved its adoption: Councilman Courtney thereupon offered the following RESOLUTION ORDERING GRADING IMPROVEMENT NO. C-125 UPON PETITION THEREFOR BE IT RESOLVED by the Council of the City of Edina, Minnesota, as follows: 1. the Council to construct a grading improvement on Delaney Boulevard in Smisek Addition, and to assess the entire cost against the property of petitioners, and that said petition has been signed by all owners of real property abutting on said street 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). Said improvement is hereby designated and shall be referred to in all subsequent proceedings as GRADING IMPROVEMENT NO. C-125. The entire cost of said improvement is hereby ordered to be assessed against the properties abutting on said Delanky Boulevard in Smisek Addition where said improvement is to be located. Motion for adoption of the resolution was seconded by Councilman Shaw. It is hereby found and determined that a petition has been filed requesting I a m 92 a e Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None e Resolution adopted. HYDE PARK -2ND ADDITION GRANTED FINAL-PLAT APPROVAL. ;Mr. Luce presented Hyde Park 2nd Addition tor fina1 plat approval; advising that all ordinance requirements have been met, whereupon Councilman Courtney offered the following resolution and moved its adoption:' RESOLUTION GRANTIEG FINAL PLAT APPROVAL FOR HYDE ?ARK 2ND ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Hyde Park 2nd Addition, platted by Hyde Park Development Co., a Minnesota Corporation, and preseEted at the Edlna City Council Meeting of February 28, 1977, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. It was emphasized that a 15 foot right-of-way had been dedicated to allow con- nection to the Schuster dedication to the East. TRAFFIC SAFETY COMi4ITTEE MINUTES OF FEBRUARY 22, 1977, APPROVED. Mr. Dunn pre- sented the Traffic Safety Committee Minutes of February 22, 1977, advising that residents had requested that the request for a 3-way STOP sign at Sally Lane and Paiute Pass which the Committee had recommended denial be disregarded. No other comments being heard, Councilman Courntey's motion was seconded by Councilman Richards, axcepting the Traffic Safety Comnittee Minutes of February 22, 1977, with the exception of the portion dealing with Sally Lane and approving the folkowing actions of the Committee: 1) Installation of a TNO HOUR PARKING, 8 AM-4 PM, MON-FRI zone on the West side of Sandell Ave. from W. 70th Street to the driveway . of 7000 Sandell Ave.; 2) Installation of a Northbound YIELD sign for St. John's Ave. at Oak Drive in order to define the right-of-way and provide control on the approach with limited visibility; 3) Installation of a NO PARKING ANY TINE sign oh the West side of France Avenue for 200 feet North of TJ. 69th Street; Affirm the Council action taken on February 12, 1977, allowing three temporary . parking spaces on France Ave. between W. 49;s Street and W. 50th Street and seven temporary parking spaces on France Ave. between W. 50th Street and W. 51st Street and to continue the evaluation of the temporary parking. 4) Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. Mayor Van Valkenburg suggested that merchants on the Minneapolis side of Prance Avenue should be talking to their Alderman. Councilman Richards asked Mr. Luce to write letters to merchants on both sides of France Ave. advising them of the action taken so that there will be no misunderstanding. SENIOR CITIZEN SRECIAL ASSESSMENT DEFERMENT GUIDELINES ADOPTED; RESOLUTION TO BE DRAFTED BY CTTY ATTORNEY. Council's attenti.on was called to a memo from Mr. Dunn - II_-- -i 94 2/28/77 k listing guidelines for senior citizen special assessment deferment guidelines sug- gested by the staff. the following poljcy and directing the City Attorney to draft an appropriate reso- lution was seconded by Councilwoman Schhidt: Following discussion, Councilman Richards ' motion adopting 1) 2) 3) : 4) 5) 6) 7) 8) Residents should be 65 years of age or older as per State law: $15,000 maximum income per Minnesota Circuit Breaker definition of income; First year installment of new assessment would cause special assessment tota1:for next-!calendar year to exceed 2% of income; Interest on deferred portion 1% more than current rate on assessments, not to exceed maximum allowed by law; Application to be on standard form supplied by County and City; Applicant need not make personal appearance before City Council for approval of deferment; City Assessor's office will receive and process applications and handle When notices of assessment hearings are mailed out, a statement explaining deferment policy will be sent along. before hearing instead of two weeks. to City Assessor's office by 4:30 p.m. of the last working day before the day of the assessment hearing. . recording process with Register of Deeds office. Notices will be sent out 30 days Application for deferment must be made Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLUB LIQUOR LICENSES APPROVED BY COUNCIL. Club Liquor Licenses for Edina Country Club and for Interlachen Country Club was seconded by Councilman Courtney. I Councilman Shaw's mot-on approving Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA CITIZENS SAFETY CO-UNCIL HEIlBER TO AFPOINTED TO TRAFFIC SAFETY COMEIITTEE. Mayor Van Valkenburg announced that he would appoint a member of the Edina Citi- zens Safety Council to the Traffic Safety Committee. HYDE PARK 2ND ADDITION EX3ENENTS RELEASED. ezssments are'no longer necessary after Hyde Park 2nd Addition has keen filed, Councilman Shaw offered.the following resolution and moved its adoption: BE IT IlESOLVED that after Hyde Park 2nd Addisioii has been filed, the Edina City Council does release the +following easements: 1) Easement for Public Road Purposes filed as No. 3789578 for that part of the Vest 13 acroes of the East 60 acres of the North 1/2 of the Sourhwest 1/4 of Sec- tion 8, Township 116, Range 21, except road, described as fo~~ows: Beginning at a point on the center line of Dewey Hill Road, which is the Northeast corner of Hyde Park as platted in Hennepin County, Ninnesota; thence East aiong the center of Dewey Hili goad a distance of thirty feet; thence Southerly, parallel to and thirty feet East of the East line of Hyde Park, a distance of four hundred feet to a point of curve to the left with a radius of three hundred thirty feet and a central angle of 22'37 ' 14"; thence Southeasterly along said curve a distance of one hundred thirty and twenty-nine hundredths feet; thence Southwesterly to a point on the East line of Hyde Park, which point is five hundred fifty and one hundredth feet South of the Northeast corner of Hyde Park; thence Northerly to the point of beginning ; 2) Northwest Quarter of the Southwest Quarter, Section 8, Township 116, Range 21, lying West of the East 1569.92 feet of the Southwest Quarter of said Section 8 and lying East of the East line of Hyde Park Addition which lies within the Eollowing described tracts of land: A 60 foot wide strip of land, the center line of which begins at a point which is the intersection of the centerline of Bonnie Brae Drive and the East line of Hyde Park Addition; thence Easterly along an exten- sion of the centerline of Bonnie Brae Drive a distance of 80 feet to a point of curve to the left with a central angle of 90 degrees and a radius of 70 feet; thence Northeasterly along said curve a distance of 109.96 feet and there termin- ating; 3) Document No. 4147465 for that part of the Northwest Quarter of the Southwest Quarter, Section 8, Township 116, Range 21, lying West of the East 1569.92 feet of the Southwest Quarter or' said Section 8 and lying East of the East line of Hyde Park Addition which is described as follows: Beginning at the Southeast corner of the above described tract; thence Westerly, along the South line of said tract, a distance 0; 202.11 feet; thence Northeasterly, deflection 124°46t031' No formal action was taken. I Being advised by Mr. DUM that certain RESOLUTION RET,EASING EASEMENTS Easement for Storm Sewer purposes filed as No. 4147466 for that part of the Easement for Drainage, Flowage and Storage of Surface Waters purposes filed as 2 /28 / 77 to the right, a distance of 150 feet; thence Northeasterly a distance of 240 feet to a point 85 feet West of the East iine of said tract as measured at right angles to said East line; thence Easterly to a point on the East line of said tract, which point is 368.25 feet North of the Southeast corner of said tract; therxe Southerly to said Soctheast corner which is the point of beginning. 4) Easement for Storm Sewer filed as Document No. 4147464 for that part of the Northwest Quarter of the Southwest Quarter, Section 8, Township 116, Range 21, lying West of the East 1569.92 feet of the Southwest Quarter of said Section 8 and lying East of the East line of Hyde Park Addition which lies within the following described tracts of land: Beginning at a point which is the inter- section of the centerline of Bonnie Brae Drive and the East line of Hyde Park Addition; thence Easterly, along an extension of the centerline of Ronnie Brae Drive, a distance of 150 feet; thence Northerly, deflecting 90 degrses to the left, a distance of 64.5 feet; thence Southeasterly, deflecting 120 06'18" to the right, a distance of 31.97 feet to the actual point of beginning of the center- line of a 15 foot wide strip of land; thence Southeasterly along the Southeasterly extension of the last described line, a distance of 150 feet and there termina- ting. Also a temporary construction easement, 20 feet in width, lying on each side of the above described 15 foot wide easement. Said temporary construction easement shall terminate on December 31, 1975. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BENTON AVENUE/T .H. 100 INTERCHANGE CONTINUED INDEFINITELY. Mr . Dmn advised Council that he would recommend the "folded diamond" type of interchange for Benton Ave. at T.H. 100, based on the recommendation of the Metropolitan Council. Mayor Van Valkenburg said that it appeared that there is no chance of the inter- change being approved and that further discussion at this time would be a waste of everyonere time, Councilman Richards' motion continuing action indefinitely was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. STORM SEWER IMPROVEMENT BO. ST.S-132 ABANDONED. Er. Dunn advise2 CGunci.1 that residents had talcen no action as suggested when Storm Sewer Improvement No. ST.S-132 on Juanita Ave. was reviewed by the Coum5l on February 3, 1975, and recommended that the improvement be abandoned. Councilman Shaw's motion to abandon Storm Sewer Improvement No. ST.S-132 as recommended by Mr. Dunn was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. HEARING DATE SET FOR WATERMAIN IMPROVEMENT NO, P-WM-319B. Mr. Dunn that new petitions have been received for watermain on Oxford Ave., Van- dervork Ave. and Hollywood Road, Councilman Courtney offered the following Being advised by . resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON WATEF3LAIN IMFROVEi?I%NT NO. P-WM-3 1913 The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed watermain described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improveinent, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, March 21, 1977, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in. said improvements. 3. for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice tb all affected properties in substantially the f ollowirig form: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING WATERUIN , The Clerk is hereby authorized and directed to cause notice of the time, place *and purpose o€ said meeting to be published in the official newspaper once a week IMPROVEGNT NO. i'-w~-319 (B) EDINA CITY COUNCIL will meet at the Edina City Hall, on MJnday, March 21, 1977., 2/28/77 I at 7:OO p.m., to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvement is estimated by the City as set forth below: The approximate 1. WATERHAIN ESTIMATED COST ' . A. IlIPROVEPENT NO. P-TJM-3 19B $53,645.00 Oxford Ave. from Interlachen Blvd. to Hollywood Rd. ; Hollywood Rd. from Oxford Ave. to Rutledge Ave., Vandervork Ave. from Interlachen Blvd. to Hollywood Rd. The area proposed to be assessed for the cost of the proposed Matermain (Improvement No. P-LQf-319B) under 1 above includes Lots 1 through 6, Block 1; Lots 1, 2 and 3, Block 2; Lots 1 and 2, Block 3; Lots 1 through 7, inclusive, and parts of Lots 5 and 9, Block 4; and Lots 1 through 4, inclusive, and parts of Lots 5 and 6, Beverly Hills; Lot 1, Block 1, Beverly Hills 2nd Addn.; and Lots 1 through 9, inclusive, Limback Addn. Florence B. Hallberg City Clerk Hotion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. CHANGE IN USE OF TAX FORFEITED LAND CONTINUED TO MARCH 7, 1977. Mr. Dunn recalled that some time ago the City had acquired a small lot on the South shore of Lake Cornelia and,at that time, had indicated that the intended use was for park purposes. He said that the County has now said that the land is not being used in the manner as hdicated, but, rather, for ponding purposes. As reconk:..-- mended by the Mayor, Councilman Shaw's motion continuing the matter to March 7, 1977, so that he could talk to the City Attorney was seconded by Councilman . Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg I Nays: None Motion carried, .. MINNESOTA DEPARTMENT OF TRANSPORTATION PLANNING DSSCUSSED. referred to a letter which he had received from the Minnesota Department of Mayor Van Valkenfsurg Transportation advising that they are required by law to prepare a comprehen- sive bransportation plan by July, 1975, which will respond to the needs and interests of all Minnesotans and requesting that the City make recommendations on what issues it thinks should be included in the plan. It was generally agreed that the requested response should be made by th4 .staff; -No .formal: arction was taken. MORNINGSIDE WATER CONNECTION CHARGE APPROVED. As recommended by Mr. Dunn, Councilman Shaw's motion was seconded by Councilwoman Schmidt, approving the payment of $22,581.09 to the City of Minneapolfs for newxonnections for the Morningside area to Minneapolis water. Ayes: Richards, Schmidt, Shaw, Van Valkenburg . Nzys: Courtney Xotion carried, METROPOLITAN COUNCIL HEARING OW PROPOSED RULES GOVERNING MATTERS OF METROPOLITAN SIGNIFICANCE. Note was made of a notice of public hearing from the lfetropolitan Council on March 16, 1977, at 1:30 p.m. in the Metropolitan Council Chambers in the matter of the proposed adoption of rules of the Metropolitan Council governing the review of proposed matters of metropolitan significance. man Courtney advised'that there should.be no reason for a representative of the City to attend the meeting. No action was taken. 'D Council- - MANAGER SELECTION GUIDELINES DISCUSSED. Mapr Van Vallcenburg advised that he had met with the Manager Selection Committee and that they had asked for com- ments from the Council on salary guidelines as well as educational arid experience qualifications. $500 for advertising and related matters. Following considerable discussion, it was generally agreed that the requested funds be allowed and that the salary be negotiable. Mayor Van Valkenburg also requested authority to spend up to No formal action was taken. (See correction in minutes of 4/4/77.) BOARD MJD COMMISSION RECOMMENDATIONS CONTIlJUED TO MARCH 7, 1977. Councilman Richards' motion that discussion of recommendations for boards and commissions be continued to March 7, 1977, was seconded by CouncLlman Sliaw. 2 / 2 3 / 7 7. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA FOUNDATION STATUS REPORT GIVEN. Mayor had met with school officials in an effort to work out initial details for preparation of a charter and legal work for an Edina Foundation which is pro- posed to be established jointly with the School District with the understanding that all moneys received would be used for educational programs benefitting Edina students and for programs of the City of Edina. to submit names of residents in the community who could be representatives of the City on the Foundation and also to submit the names of persons who would be capable fund-raisers. Councilman Shaw reported that he and the The Mayor asked Council No formal action was taken. ORDINANCE NO. llll-A5 ADOPTED, Councilman Richards offered Ordinance No. llll-A5 for First Reading, with waiver of Second Reading and moved its adoption as follows : ORDINANCE NO, llll-A5 AN ORDINANCE AMENDING ORDINANCE NO. 1111 TO CHANGE THE WATER RATES AND CNARGES FOR THE MORNINGSIDE AREA AND THE BEARD AVENUE, ABBOTT PLACE AREA THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTAy ORDAINS: Section 1. to read as follows: "(a) following rates: described as (2) and (3) below, the rate per 100 cubic feet shall be: Paragraph (a) of Sec. 3 of Ordinance No. 1111 is hereby amended Water consumed will be charged on the basis of meter readings at the "(1) For all consumers within the City of Edina, except the areas Net - Gross First 3,000 cu. ft. 22c 2oc Next 3,500 cu. ft. 21c 1% Excess over 6,500.~~. ft. 2OC i8c "(2) For all consumers with'in the area formerly known as the Village of Morningside, the rate shall be 55c per 100 cubic feet effective as of January For all consumers in the area described as the East side of ' 1, 1977, and 60c per 100 cubic feet effective as of January 1, 1978. "(3) Beard Avenue from 54th Street to Fuller Street and both sides of Abbott Place from 54th Street to Beard' Avenue, the rate shall be 55q per 100 cubic feet effective as of January 1, 1977, and 60~ per 100 cubic feet effective as of January 1, 1978. ' purchased by the City of Edina from the City of Minneapolis, and the Council has duly considered all pertinent facts and finds that the higher rates for those two areas are fair and reasonable. bill is paid within the discount period, in whichcasethz net rates shall apply." and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. "(4) The areas described at (2) and. (3) above are served with water "(5) The gross rates set out at (1) above shall apply unless the Sec. 2. This ordinance shall be in full force and effect upon 9ts passage Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: Courtney Ordinance adopted. LAKE EDINA VILLAGE REPLAT EASEMENT VACATION HEARING DATES SET. by Mr. Dunn, Councilwoman Schmidt offered the following resolution and moved its aodption: As recommended BSOLUTION CALLING PUBLIC HMRING ON VACATION OF EASEMENTS FOR UTILITY PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: easementsshould be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: The Southeasterly 5 feet of Lot 4, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Northwesterly 5 feet of Lot 5, Block 1, Lake Edina Village Replat, except the Northeasterly. 10 feet and the Southwesterly 5 feet thereof; and The Southeasterly 5 feet of Lot 5, Block 1, Lake Edina Village Replat except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Northwesterly 5 feet oC toi 6, l3lor.k 1, Lake Edina Village Rcplat except the Northeasterly 10 feet and the Southwesterly 5 feet thereof# 1. It is hereby found and determined that the following described utility 2/28/77 2. This Council shall meet at the time and place specified in the form of notice included in paragrnph 3 hereof for the purpose cE holding a public hear- ing 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 suchhearing 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 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 I NOTICE IS HEREBY GIVEN that the Edina City Council will meet at the Edina City Hall, 4801 W. 50th Street on April 4, 1977, at 7:OO p.m. for the purpose of holding a public hearing on the proposed vacation of the following easements for utility purposes: The Southeasterly 5 feet of Lot 4, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Northwesterly 5 feet of Lot 5, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Southeasterly 5 feet of Lot 5, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof; and The Northwesterly 5 feet of Lot 6, Block 1, Lake Edina Village Replat, except the Northeasterly 10 feet and the Southwesterly 5 feet thereof. . All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the publi'c interest and should.be made shall be at said place and time. The Council shall consi'der the extent to which such proposed easement vacations affect existing easemsnts within the area of' the proposed vacation and the extent to vhich the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, cr water pipes, mains, and hyd- rants on or under the area of the proposed vacation, to continue maintaining the sane or to enter u?on such easement are8 of portion thereof vacated Lo naiii@i%n, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation relolution, the extent to which any or all of any such easements, and such autlimity to naintain and enter upon the area o€ the proposed vacation shall continue. BY ORDER OF THE EDINA CITY COUNCIL. Florence B . Hallberg City Clerk Notion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None. Resolution adopted. COUXTY ROAD 18/COUNTI' ROAD 3 PLAN APPROVAL CONTINUED TO MARCH 7, 1977, by motion of Councilmn Shaw, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. STORM SEWER DPROVEEIENT NO. ST.S-14OB COST SHARING AGREEMENT APPROVED WITH NINE MILE CREEK WATERSXED DISTRICT. As recommended by Mr. Dunn, Councilwoman Schmidt offered the following resolution and moved its adoption: BE IT RESOLVED that the Nine Mile Creek Watershed District for lands generally located in Southwest Edina in the Cahill Road and Dewey Hill Road area for Storm Sewer Improvement No. St.S-l40B, total cost for which is estimated to be approximately $500,000 of which Edina is to pay for the overall suxface water management project, including the construction of the water control structures and wildlike habitat improvements, Motion for adoption of the resolution was seconded by Councilman Shaw. -- I RESOLUTION * Mayor and Manager are hereby authorized to enter into Cooperative Agreement - Southwest Edina Storm Water Management Project" with the I1 Ayes: Courtney, Schmidt, Shaw, SlanVallcenburg Nays: None Abstaining: Richards Resolution adopted. 2/28/77 i lUNIFORM ELECTION LAW OPPOSED BY ---- COUNCTL. ate Pile No. 350 (Uniform Election Law) under which the first Tuesday after the first Monday in November in odd numbered years would be designated the regular election day for officers in cities, counties, school districts, judges of county and municipal courts, and the elective officers of every other political subdivision (soil conservation districts, for example). The law also provides for a primary election to be held on the second,Monday in September twice the number of persons to be elected file for that office. is the requirement that the' State will pay each city $I for each person who voted, or $100, whichever is greater. Councilman Shaw recalled his support for an odd-year election. Following discussion, it was generally agreed that Councilman Courtney would convey the Council's opposition to the bill to its elected officials. No formal action was taken. Council's attention was called to Sen- in odd-numbered years for any nonpartisan office when more than Also included MORATORIUM ON TAXING HOME IMPROVEMENTS OPPOSED, Council's attention was called to Senate File 103 which provides that increases in value resulting from improvements to residential homestead property more than five years old will not be added to assessed value, so long as the improvement did not increase the square footage of living space. that Mr. Swanson write a letter to Edina's elected officials expressing opposi- tion to the bill was seconded by Councilman Shaw. Councilwoman Schmidt's motion . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SCHOOL DISTRICT CHANGES OPPOSED BY COUNCIL. seconded by Councilman Courtney .that the Council oppose the consolidation of school districts. Mr. Dunn is to write to the City's elected. repr.esenta- tives expressing its opposition. No formal action was taken. Councilwoman Schrnidt'a motion was TAX INCREMENT FINANCING AMENDMENTS OPPOSED. to amend the law on tax increment financing. Luce will testify at the hearing and urge that no change be made. action was taken. Council was advised of a bill Mayor Van Valkenburg said that Mr. No formal LOCAL NO: '49 CONTK4CT APPROVED. and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council approve the lebor contract between the International Union of Operating Engineers.Loca1 No. 49 and the City of Edina for the years 1977 and 1978. Motion for adoption of the resolution was seconded by Councilman Richards. Councilman Shaw offered the foilsqing resolution Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. SENIOR CITIZEN VOLUNTEER TRANSPORTATION AND HEALTH PROGRAM REPORTS were made by Councilwoman Schmidt who reported that approximately twenty calls are being received each month from senior citizens in need of transportation. She reported also that the EdiEa Womens' Club has donated funds for the Senior Citizen Center to spend as they wish and that the Rotary Club has contrinuted money to bus senior citizens to the Bloomington Health Service. be made especially aware of the immunization program at Bloomington. taken. Councilwoman Schmidt suggested that the schools No action was 50TH AND FRANCE BUSINESS AREA IMPROVEMENTS ASSESSMENT HEARINGS SET, As recommended by Mr. Luce, Councilman Richards' motion was seconded by Councilwoman Schmidt, set- ting April 4, 1977, for hearing date for special assessments which have been installed in the 50th and France Business District. .* Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLAIMS ?AID. payment of the following claims as per pre-list: General Fund, $66,623.15; Park Fund, $5,706.50; Swimming Pool, $26.05; Golf Course, $267.52; Arena, , $2,776.56; Gun Range, $123.96; Water Works, $8,468.71; Sewer Fund, $642.08; Liquor Fund, $105,711.83; Construction, $52,282.09; Total, $242,628.45; and €or confirmaLion of payment of the following claims: Park Fund, $1,043.64; Swimming Pool, $4.97; Golf Course, $965.07; Arena, Councilman Courtney's motion was seconded by Councilman Shaw for General Fund, $47,035.74; 1100 $7,654.10 ; Water Works, 2/28/ 77 .78; Sewer, $214.61; L-quor, $110,734.44; Total, Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg No further business appearing, the Mayor declared the meeting adjourned at 10~05 p.m. cd” I) City Clerk