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HomeMy WebLinkAbout19770418_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 18, 1977 7:OO P.M. 135 Answering rollcall were members Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of March 21, 1977, were approved as submitted 3y motion oE Councilman Shaw, secdnded by Councilwoman Schmidt. Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. RESOLUTION OF CONDOLENCE ADOPTED. suggested its adoption: Mr. Hyde read the following resolution and RESOLUTION OF CONDOLENCE MRS. BARBARA CASSELMAN WHEREAS, Mrs. Barbara Casselman was greatly concerned for the quality of the environment and of life in the world about her; and WHEREAS, Mrs. Barbara Casselman served as a mcmber of the Environmental Quality Commission of the City of Edina from March, 1974, until her death on April 15, 1977; and WHEREAS, Mrs. Barbara Casselrnan served as Chairmaa of the Environmental Quality Commission of the City of Edina from June, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman served as a member of the Recycling Commission of the City of Edina from April, 1976, until her death; and WHEREAS, Mrs. Barbara Casselman gave freely of her time as a dedicated member of the Edina Open Space Committee; and SvHEREAS, Mrs. Barbara Casselman, as a part of her great interest in the political life of her community and her country, served for =any years as an Election Judge for the City of Edina; and WHEREAS, Mrs. Barbara Casselman contir,ued to serve the City of Edina, her fellow man, and provided inspiration to all despite her failing physical health during the past months; NOW, THEREFOEE, BE IT RESOLVED that the Edina City Council extend its heartfelt sympathy to the family of during the the of their bereavement; and BE IT FURTHER RESOLVED that a copy of this resolution be spread upon the pages of the Minutes Book of the City of Edina and that a suitable copy 3e presented to her family . Mayor Van Valkenburg declared the resolution UIianimously adopted. .. MRS. BARBARA CASSELMAN RESPECT FOR LAW WEEK PROCLAIMED. proclamation: WHEREAS, crime and its effect upon the lives and property of our citizens continue undiminished, despite efforts by government, citizens' organizations and many individuals, and WHEREAS, the problems of crime touch and affect all segments of our society under- mining and eroding the moral and economic strength of our communities and their citizens, and WHEEEAS, there is still a reluctance on the parr: of many citizens to involve themselves in actions to insure the protection, rights and well being of their fellow citizens, and WHEREAS, Optimist clubs aid their members continue to sponsor and support programs aimed at combatting crime and disrespect for law through year-round efforts; now therefore be' it RESOLVED, that I, James Van Valkenburg, proclaim the week of May 1-7, 1977, as RESPECT FOR LAW WEEK, and ask all citizens of the City of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. PUBLIC HEARINGS CONDUCTED ON VARIOUS PUBLIC IMPROVEMENTS. were presented by Acting Clerk, approved as to form and ordered place on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded. Mayor Van Valkenburg issued the following PROCLAMATION , . Affidavits of Notice I 1. GRADING AND GRAVELING IMPROVEMENT NO. P-C-124 IN TdE FOLLOWING: Amundson Avenud from Cahill Road to Dewey Hill Road 2. PEXMANENT STREET SURFACING OLND*CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-226-IN THE FOLLOWING: Amundson Aveaue from Cahill Road to Dewey Hill Road Delaney Boulevard from Dewey Hill Road to West 78th Street 3. GRADING AND GRAVELING DPROVEMENT NO. P-C-3-26 IN THE FOLLOWING: 186 PERPIANENT STREET SWACING AND CONCRETE CURB AND GUTTER IMFROVEKENT NO. P-BA-227 IN THE POLLOWTXG: Delaney Boulevard from Dswey Hill Rozd to West 78th Street Grading and Graveling Improvement No. P-C-124 and Permanent Street Surfacing and Concrete Curb and Gutter Improvement No. P-BA-226 were continued from January 17, 1977, and April 4, 1977. Grading and Graveling Improvement No. P-C-126 and Permacent Street Surzacing and Concrete Curb and Gutter Improvement No. P-BA-227, affecting the same properties, public hearings were conducted concurrently. Nayor Van Valkenburg commented that the Council realized there Tcas a great deal of interest on the part of the people living in the involved area as evidenced by several petitions which had been presented and that notices of the hearings had been.sent to a bide area of property owners as well as owners of property proposed to be assessed. Mr. Hyde-recalled that it had been suggested in the January meeting that the Delaney Boulevard improvements be considered together with the Amundson Avenue improvements and that in a sezlse these are one project. Nr. Hyde presented total estimated construction cost of Improvement No. P-C-124 at $295,137.62, Improvement No. P.C-126 at $333,145.58, Improvement No. P-BA-226 at $220,548.99 and Improvement No. P-BA-227 at $105,959.34. He explained that hundson Avenue from Cahill Road to Dewey Hill Road and Delaney Boulevard from Dewey Hill Road to IJest 7Sth Street are part of the Municipal State Aid System and City policy is to assess benefited abutting single family detached residential and park property for the equivalent cost of a standard 30' wide light duty residential street. The rate established for such streets is $8.00 per front foot for grading and $12.00 per front foot for permanent street surfacing and curb and gutter, a total of $20.00 per front foot for the total improvement. For resi- dential property other than single family detached residential, the standard rates are $12.00 for grading and $18.00 for permanent street surfacing and concrete curb and gutter, a total of $30.00 per front foot. be paid from Municipal State Aid Funds. Mr. Hoffman presented graphics showing the. proposed Amundson-Delaney roadways and the cul-de-sacing of Cahill Road, and report- ed the results of a traffic survey which had been conducted on Dewey Hill Road as . relating to the proposed roadways. Mrs. Susan Johnson, 7015 Lanham Lane, indeptified herself as one of the signers of the petition circulated in January opposing the ex- rention or' hundson Road imd requested the opinion of the City Fire and Police Departments with regard to deadending Cahill Road. Mr. Hyde-responded tEat Mr. Buresh, Director of lublic Safety, felt cul-de-sacing Cahill would increase* response time over the desired maximum for emergency vehicles to the area south of West 70th Street, including the industrial park, which they have normally serviced by way of Cahill Road. Nrs. Alice O'Conner, 7iGi Lanham Lane, stated she was'opposed to the construction of Amundson Road and felt the City should consider improving Dewey Hill Road. stated she.was opposed, md 3ir. Robert Clark, 7701 Glasgow, felt the proposed exit of Delaney onto West 78th Street vould create a hazardous situation being on a curve and hill. Mr. Larry Youngblood, 7205 Lanham Lane, voiced opposition to the proposed roadxay, as did Mr. and Mrs. Gortson, 7045 Lanham Lane, who felt it would be unsafe for children to cress in order to reach the park. Mrs. Mmiel Xoss, 7150 Braemar Oaks; Mrs. Marilynne Rickenback, 7216 Lanham Lane; W. Carl Christofferson, 5701 Kearich Drive and an unidentified lady living on Lanham Lane, all voiced opposition to the Amundson-Delaney improvement. Mrs. Charlotte Burns, 5820 Dewey Hill Road, stated she supported the proposed road- w.zys as a part of the 1971 Southwest Edina Plan. Claredon Drive, stazed she felt it would reduce traffic on Dewey Hill Road there-' by providiilg more safety for children at bus stops on Dewey Hill Road. Howard, 5808 Dewey Hill Road, aad Mr. Vincent Abt of 5708 Dewey Hill Road in- dicated approval. mw of the Southwest Ed*a Traffic Task Force, urged approval as this plan had been a result of that study. Mr. Marvin Bump, 5712 Dewey Hill Road; PI. Clement Springer, 6828 Gleason Road; Ms. Nancy Oxford of West 70th Street; Mr. Clarence Lehecka, 5812 Dewey Hill Road; Mr. Dale Johnson, 5800 Dewey Hill Road, and Mrs. Judy Schueneman, 7313 Gleason Road, all voiced support of the proposed Amundson- Delaney improvement. stated that constdering the many different views expressed and the absence of Mr. Courtney, he would like the'council to have additional time to analyze the concerns presented. Hr. Shaw's motion was seconded by Mr. Richards to continue the matter until May IG, 1977. All additional costs are proposed to Mrs. V. L. Idhitaker, 7160 Cahill Road, Mrs. Alice VanGorder, 7324 Mr. Bill Xr. Darrell Boyd, 7204 Shannon Drive, who had served as Chair- I -After considerable discussion, Mayor Van Valkenburg Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Motion carried. 4. CONSTRUCTION OF SIDEi?AI,K IMPROVEMENT NO. P-S-21 IEU' THE FOLLOWING: 5. CONSTRUCTION OF SIDEiULK 3PROVEMENT NO. P-S-22 IN THE FOLLOWING: North size of West 70th Street from Hillside Lane to Antrim Road East side of Antrim Road from West 70th Street north to existing sidewalk on Antrim Road Mr . No. Hyde explained that the cost of Improvement No. P-S-21 and Improvement 137 P-S-22 would be paid from Municipal State Aid Funds with no assessable cost to abutting property owners. and constructed of Portland Cexent Concrete with alignment varied to protect existing property features to the greatest extent possible, and under present City policy, mahtenance (snow removal) of the sidewalk will be the respon- sibility of the City. Mrs. Susan Johnson, representing the Cahill PTA, urged construction of the sidewalk to provide safer access to schools for walkers. Mrs. Rita Seasly, 5604 West 70th Street, ,and Mr. Kenneth Engstrom, 5804 West 70th Street, spoke in favor of the project. Mr. Charles Lamb, 5712 West 70th Street, was opposed. All present geing heard, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly mailed to owners of each parcel within the affected area on the following proposed improvements: The sidewalk is proposed to be 5' wide RESOLUTION ORDERING SIDEWALK IMPROVEMENTS NO. P-S-21 AND NO. P-S-22 SIDEWALK IMPROVEMENT NO. P-S-21 IN THE FOLLOWING: North side of West 70th Street from Hillside Lane to Antrim Road East side of Antrim Road from West 70th Street north to existing sidewalk on Antrim Road . SIDEWALK IMPROVEMENT NO. P-S-22 IN THE FOLLOWING: 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 improvenents including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said im- provements is hereby designated and shall be referred to in all subsequent proceedings as Improvement No. P-S-21 and Improvement No. P-S-22, cost of which shall be paid from Municipal State Aid Funds. Motion for adoption of the resolution was seconded by CouncLlwoman Schmidt. Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. "MARTH COURT" NAME CHANGE APPROVED. Acting Clerk, a-cproved as to form and ordered placed on file. advised that representatives of the U.S. Postal Service had orig-inally called attention to a confusing and mail delaying situation regarding Marth Rcad, and that signed letters had been obtained from the three property owners in- volved indicating their approval of street name change to Marth Court. No objections being heard, Councilman Shaw offered Street Name Change Ordinance 9 for First Reading, with waiver of Second Reading and moved its adoption as follows : THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Affidavits of Notice were-presented by Mr. Dunn ' STREET'NAME CHANGE ORDINANCE 9 Section 1. Sec. 2. This ordinance shall be in full force and effect on Marth Road is hereby renamed "Martb Court". May 4, 1977. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : 243-u Acting City Clerk INTERLACHEN HILLS 3RD ADDITION REZONING AND PRELIMINARY PLAT APPROVAL REFERRED. TO PLANNING COMMISSION. Mr. Erickson advised that since the Council last heard this matter, the property owner has proposed certain modifications to the sub- division and resulting rezoning requests. Since'statute requires that rezoning requests begin at the Planning Commission, staff recommended that the proposed plat modification and rezoning be referred back to the Planning Commission for review. Councilman Richards's motion was seconded by Councilman Shaw, to refer the matter back to the Planning Commission with the request that it be brought back to the Council as soon as possible. Ayes: Richards, Schmidt, Shaw, Van Valkenburg ' Nays: None Motion carried: i . &%INIAL CHURCH OF EDINA REZONING, PRELIMINARY PLAT APPROVAL AND FLOOD PLAIN YERNIT REFERRED TO PLAVNING COIINISSION PIEETING OF JUNE 1, 1977. Notice were presented by ,Acting Clerk, approved as to form and ordered placed on file. Affidavits of Mr. Luce presented the request of Colonial Church of Edina, generally located south of Olinger Boulevard and west of Tracy Avenue, for rezoning from PRD-1 Planned Residential District to PRD-1 Planned Residential District (Plan Change), preliminary plat approval and flood plain permit. Iie recalled that a previous rezoning request was granted concept approval in 1975, but that the mandatory. one-year time limit for submitting final development plans, according to City Ordinances, has expired. Current plans for construction of the church are similar to the 1975 plans with modification to improve flood water storage. The average elevation of the parking lot will be lowered 5' and moved north 19', slightly reducing the berm in the northwest. corner of the site. The berm on the west side has also been reduced allowing greater exposure of the parking and loading entrance to the adjacent residences. The parking lot is designed to accomodate 220 cars with 20 additional spaces near the loading entrance. meeting hall is designed to seat 650 people on the main floor with future expan- sion in the balcony to 1000 people. height at the ridge line and the bell tower will be 120' at the peak. stated that the staff, the Planning Commission and the Environmental Quality Commission recomended approval with the following stipulations: A) The The proposed meeting hall will have a 60' Mr. Luce The final development plans include: 1) 2) 3) An improved site plan identifying and clarifying proposed grades and dimensions. Delineation of future parking to accommodate future seating. AE improved landscaping plan illustrating landscape materials in an appropriate quantity and scale for the site and buildings, surface treat- ment of the entire parcel, and screening of paracing and loading areas. B) The rezoning is contingent upon completion of the final plat and the flood plain permit. C) Submission of an approved Developer's Agreement and parkland dedication prior to approval of the final plat. Mr. Larry Laukka, Chairman of the Colonial Church Building Committee, briefly re- viewed the history of the church construction plans and presented graphics including the site plan, architecture, perspectives and landscaping. considered the nature of the community in their planning and if given preliminary approval, would again contact people living on Olinger Boulevard and in Nine Mile Village to present final plans for grading, lighting and landscaping. Eicrbs:, 5824 Oiinger Boulevard, presented the following petition signed 3y all but two property owners living in Nine Mile Village and on Olinger Boulevard and Tracy Avenue: Planning Commission not to rezone the property with boundary south of Olinger Boulevard, east of Village Nine condominums, north of Crosstown Highway 62, Vest of Tracy Avenue, for the construction of the Colonial Church of Edina. as residents and taxpayers, that the property remain zoned as is or for family residences only. We also request that the plat not be divided or used for any He stated that they had * Mr. Jack ~ "The undersigned are requesting the Edina City Council and Edina We request, other purpose than family residences both now and in the future." questioned whether proper procedure had been followed in erecting the sign on pro- posed property to be rezoned. Mr. Erickson responded that the ordinance provides * that failure to fully comply with the provisions relating to such sip shall not prevent the Planning Commission and the City Council from acting on such request. Mr. Herbst also expressed the concern of the residents on Olinger Boulevarc! 2nd Tracy Avenue with regard to the volume of traffic using those streets on Sunday mornings and the hazard ;resulting from such traffic to children and adults using nearby recreation areas. Nrs. Rosanne Michaels, Nine Mile Village, inquired about a second parking lot on the original plan". ever been planned, but there was an area provided for staff parking. Severseike, Nine Mile Village; Nr. Roger Uhr, 5812 Olinger Boulevard; Mr. Chris Koegel, 5816 Olinger 3oulevard, and Mr. John Ryden, 5804 Olinger Boulevard, expressed oppo- sition to the proposed church construction. Mr. Gary Holmes, Nine Mile Village, stated he was not opposed to the church, but was concerned that the scale of the buildings was out of proportion with the neighborhood. . questioned whether the parking lot could be located nearer.the park on the southeast part of the site. type of proposed construction, Nr. Laukka stated the buildings would be well +nsu- lated and would meet the State criteria for energy use. After lengthy discussion, Councilman Xichards moved that the matter be referred back to the Planning Commission meeting of June 1, 1977, so that adequate notice can be posted and to provide the necessary time to modify the site plans with regard to the proposed parking lot and lighting thereof, the grading of the berm on the north and west sides and to finalize the landscaping in detail, and that he was offering the motion from the position that the Council is agreed on the concept that the church development would be a proper use of that area. Mr. Herbst Mr. Laukka responded that only one parking lot had Mrs. Phyllis Mr. Jerry Dockendorf, Nine Mile Village, In response to a question by Mr. Shaw regarding energy use for the Motion was seconded by Councilman Shaw. Ayes: RicEards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried. * JI ORDINANCE NO. 811-A95 GRANTED FIRST READING. Affidavits of Notice were pre- 139 sented by Acting Clerk, approved as to form and ordered placed on file. Nr. Luce presented proponent's request to rezone this loc, from R-2 to R-1. He advised that the adjacent lots are single family, that the proposed house would face Indian Hills Road, and that it is a large lot and a buffer could not be accomplished on the lot. Commission reco'mmended approval of the proposed rezoning, but that the neigh- borhood should be aware that, if not built on, this lot could be rezoned back to R-2. family residence and on contacting neighbors, they had voiced approval. objections being heard, Councilman Shaw offered Ordinance No. 811-A95 for First Reading as follows: He stated that the staff and the Planning Mrs. Mary Blumer advised that they were planning on building a single No ORDINANCE NO. 811-A95 AN ORDINANCE AMENbING THE ZONING ORDINANCE (NO. 811) BY RENOVING FROM THE MULTIPLE RESIDENCE DISTRICT THE CITY CO-UNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby amended by adding the following thereto: Section 1. "The extent of the Multiple Residence District is reduced by removing the following property: Lot 2, Block 5, McCauley Heights 3rd Addition, which is in Sub-District R-1". Sec. 2. This ordinance shall be in full force and effect upon its passage Bp and publication. M br ORDINANCE NO. 811-A96 GRANTED FIRST READING. by Acting Clerk, approved as to form and ordered placed on file. called that several months ago, the Planning Commission and the Council had approved subdivision of this site and that park land had been dedicated'. developer now is proposing rezoning from R-1 and R-3 to PRD-3 and requesting approval for 40 apartment units on the south side (south of proposed,Amundson Road) and 38 townhouses on the north side. to steep slopes with large oak and elm trees. oriented to cause minimum disturbance to the steep slopes. retained following construction with the exception of those removed for placement of buildings and roadways. Xr. Luce reported that the staff, the Planning Com- mission and the Environment Quality Commission recommended approval of'the proposed rezoning with the following conditions: 1) That an easement is submitted to the City for travel across that private. easement portion of the access to the northern townhouse site. 2)' That adequate final deve1opmen.t plans be submitted. 3) That hay bale dikes be used for erosion and sedimentation control. In response to Councilman Richardsls question regarding density, Mr. Luce ex- plained that the Southwest Edina Plan allowed 12 units per acre, which was subsequently modified to 7 units per acre, but because of the topography the developer w3s requesting a little over 8 units per acre and the staff recommends approval as the site was well planned with critical surfaces preserved. being no one to be heard, Councilwoman Schmidt moved to offer Ordinance No. 811-A96 for First Reading as follows, subject to the conditions outlined by the staff report : Affidavits of Notice were presented Mr. Luce re- The. The site is characterized by moderate The townhouses proposed have been The trees will be * There ORDINANCE NO. 811-A96 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) THE CITY COUN~F THE CITY OF EDINA, MINNESOTA, ORDAINS: , Section 1. "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following properties: Lot 1, Block 1, Lot 1, Block 2, and Outlot A, Findell 2nd Addition, (which are in Sub-Dis tric t PRD-3) 'I. Sec. 2. This ordinance shall be in full force and effect upon its passage ' Paragraph 4 of Section 5 of Ordinance No. 811 of the City is hereby amended by'addhg the following thereto: .. and publication. Motion was seconded by Councilman Shaw. Ayes: Schmidt, Shaw, Van Valkenburg * Nays: Richards Motion carried. MUIR WOODS THIRD AI)DITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered place on file. Mr. Luce presented Muir Woods Third addition for preliminary plat approval, noting that this plat is generally located east of Comanche Court along Valley View Road, and that it contains steep slopes and is heavily wooded. that the proponents propose to divide the property into two homesites fronting on Valley View Road with a 25,000 to 30,000 square foot size range. He advised He advised 4/i8/ I I the staff , the Planning Commission and the Environmental Quality Commission recommended approval contingent on the following: 1) That the unplatted tract herein identified as Muir IJoods 2nd Addition be incorporated into Kuir Woods 3rd Addition as a single lot; 2) That prior to any development of the site, a tree removal permit be received; 3) That prior to any grading on the site, a grading permit be received; and 4) Parkland dedication be required prior to final plat . approval. Councilman Shaw offered the following resolution and moved its adoption: . RESOLUTION APPROVING PRELIMINARY PLAT OF MUIR WOODS THIRD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Biuir Voods Third Addition", platted by C. L. Fraser and M. Veegman and presented at the Edina City Council Meeting of April 18, 1977, be 2nd is hereby granted preliminary plat approval subject to the following contingencies: 'I 1. 2. 3, 4. Rollcall: Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. That the unplatted tract herein identified as Nuir Woods 2nd Addition be incorporated into Muir Woods 3rd Addition as a single lot. That prior to any development of the site, a tree removal permit be That prior to any grading on the site, a grading permit be received. Parkland dedication be required prior to final plat approval. - received. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. MC CAULEY HEIGHTS SEVENTH ADDITION PRELIMINARY PLAT COkL'INUED TO MAY 2, 1977. Affidavits of Notice were presented by Acting Clerk, appEoved as to form and ordered placed on file. located east of McCauley Trail, north of IicCauley Lane, and south of McCauley Circle, for preliminary plat approval. He advised that proponent is requesting the subdivi- sion of an existing lot into two lots which would back onto Arrowhead Lake. resulting lots would be over 17,000 square feet in size, however, due to the poor plmning in this area and the lack of roads, one of the lots would only be 80' wide and more than 250' deep. that lot-is useable and the lot would be over 250' deep. average of a 30' frontage on the lake for each of these lots, which would be ex- tremely meager considering the state's new shoreline regulations which require a 100' frontage onto any lake. Mr, Luce stated that the developer has appealed to the City Council as the staff and Planning Commission recommended denial of the proposed subdivision for these reasons,: 1) The lakeshore fronf-age is minimal and would cause overuse and possible pollution problems to the'lake; and 2) Faulty, piece-meal planning and arrangement has caused inadequate frontage on roads, and, if approved, this subdivision would result in elongated lots not capable of support- ing development consistent with other development on Arrowhead Lake. EcCauley, 6416 McCauley Circle, owner, stated that water and-sewer is available and since the road had been put in, that the proposed lots were buildable and that he had a house plan for an elongated lot. He also stated that the amount of lake- shore frontage should not deprive him of the sale and use of the land. Mr. Robert Naas, 6320 Post Lane, owner of property to the east of the I4cCauley property, urged approval of proponent's request. Dr. Paul Johnson, 4617 Cascade Lane, voiced support of the staff recommendation to deny prelininary plat approval. nan Richards's motion to continue the hearing to Hay 2, 1977, to enable the Council to view the proposed plat, was seconded by Councilwoman Schmidt and was unanimously carried. . Mr. Luce presented McCauley Heights Seventh Addition, generally The - The second lot would be 120' wide, but only about 80' of The lots would leave an * -I Mr. John Council- * UflDINANCE NO. 802-A16 ADOPTED; SECOND READING WAIVED. 'Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Erickson explained that the amendment to Ordinance 801 will provide that out- lots shall not be developed unless replatted into lots and blocks; that all divisions will be handled via a nonpublic hearing before the Council if no new lot is to be created; that the setting of a public hearing on the plat will be at the request of the Planner, Manager or developer and without the report and recommendation of the Planning Commission delivered to the Council; will allow conditions to be imposed by the Council on the preliminiary or final plat approval; and will allow prelimi- nary and final approval to be given by the Council at the same hearing. Councilman Shaw offered Ordinance No. 801-A16 for - first reading, with waiver of second reading and moved its adoption as follows: - ORDINANCE NO. 801-A16 , AN ORDINANCE AIENTIING THE PLATTING ORDINANCE (No. 801) TO ESTABLISH POLICY AND PROCEDURES FOR THE . PLATTING AND SUBDIVISION OF OUTLOTS: TO PROVIDE FOR THE DIVISION OF LOTS AND PLOTS: TO PROVIDE 'I FOR THE SETTING OF HEARING DATES BEFORE THE CITY COUNCIL: TO PROVIDE FOR CONDITIONS TO AND TO PROVIDE FOR GRANTING OF PRELMINARY AM) PLAT APPROVAL TO BE IMPOSED BY TI-IE CITY COUNCIL; FINAL APPROVAL OF PLATS AT THE SAME BEARING THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: '641 i Section 1. Sections 11, 12, and 13 of Ordinance No. 801 are hereby renumbered Sections 13, 14, and 15, respectively. Sec. 2. There is hereby added to Ordinance No. 801 a new Section.11, as follows: "Sec. 11. Outlots. It is the policy of the City of Edina to allow outlots on plats, replats, and subdivisions presented to the City for approval pursuant to this ordinance, but only for the purpose of simplifying the descriptions of parcels of land (i) that would otherwise be excepted from the platted area, or (ii) that are to be conveyed or dedicated to the City of Edina or other public body. Therefore, any outlots shown on a plat, replat, or subdivision approved by the City shall not be, nor be deemed to be, lots or plots as defined in Sec. 12 (Definitions) of Ordinance No. 811 of the City of Edina, nor shall any such outlots be developed by the erection or placing of improvements thereon, except, however, for improvements erected or placed by the City of Edina or other public body upon outlots conveyed or dedicated to it, unless first re- platted into lots and blocks pursuant to this ordinance, the applicable pro- visions of state law, and the provisions of Ordinance No. 811 of the City of Edina. Sec. 3. There is hereby added to Ordinance No. 801 a new Section 12 as follows : "Sec. 12. Lot Divisions. No lot or plot as defined in Sec. 12 (Definitions) of Ordinance No. 811 of the City of Edina shall be divided unless done in com- pliance with whichever of the two following procedures is appropriate: and other requirements of 0rdipance.No. 811.will be created, then the procedure shall be the same as the procedures for a plat as set out at Sec. 6 and Sec. 7 of this Ordinance 801, except that notice of the hearing before the City Council need not be published. lot area and other requirements of Ordinance No. 811 will be cxeated, then such lot division shall be deemed to be a plattizg of land and shall be processed, heard, and acted upon pursuant to the platting procedures established by this ordinance, and to the applicable provisions of state law and of Ordinance No. 811 of the City of Edina." Sec. 4. Section 7 of Ordinance No. 801 is hereby amended to read as follows: Sec. 7. Public Hearing. Upon request of the City Planner or City Nanager, . (a) If no new lot or plot that complies with the applicable minimum lot area 11 "(b) If one.or more new lots or plots that comply with the applicable minimum I1 or of the proposer of the plat, replat, or subdivision, after the Planning Com- mission has examined and considered the proposed plat, replat, or subdivision, the City Council shall set a date for hearing thereon, which shall be not later than 60 days-after .the meeting. A notice of the date, time, place, and-purpose of the hearing shall be published once in the official newspaper at least ten days befGre the date of hearing. interested persons, the Council as the Platting Authority shall make its decision at the same meeting or at a specified future meeting thereof. conditions, or with such conditions as the Council may deem necessary or desirable; or (b) grant preliminary and final approval at the same time, with or without modification, and without conditions, or with such conditions as the Council may deem necessary or desirabie; or "(c) further investigation and report to the Council at a specified future meeting thereof; or After hearhg the oral or written views of all It may by resolution: "(a) grant preliminary approval, with or without modification, and without 11 refer the plat to the appropriate City officers or departments for "(d) reject the plat." Sec. 5. Section 9 of Ordinance No. 801 is hereby amended to read as follows: Sec, 9. Final Approval of Plat. When a plat has been given preliminary approval by the Council and the required improvements have been completed, or subdivision financing agreement executed by the City and the person or persons who filed such plat, and security furnished and land set aside and dedicated or equivalent cash contribution made, and the conditions imposed by the Council at the time of granting preliminary approval have been fully met and complied with, . all as herein required, the City Manager or City Planner shall submit a supple- mentary report thereon with the plat to the Council for final approval, which shall be given by resolution. by the Council at the same hearing, all of the foregoing requirements for final approval shall have been then met and complied with. conditions in any grant of final approval, then the officers of the City shall I1 In order to obtain prelimiaary and final approval If the Council imposes 1 I.. . I-... 4, LO! I i 14& sign such plat, nor shall the City'Clerlc issue any certified copy of the resolution of the City Council giving such final approval, until such conditions are met and complied with. ha.re been met and complied with, to issue a certified copy of the resolution of the City Council giving such final approval, without reference to such conditions." This ordinance shall be in full force and effect upon its adoption and publication, and when effective, shah be filed with the office of the County Recorder,, Hennepin County, Minnesota. ?lotion for adoption of the Ordinance was seconded by Councilwoman Schmidt. The City Clerk is authorized, once such conditions Sec. 6. Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. I ATTEST: Acting City Clerk , Y ORDINANCE NO. 8ll-A94 ADOPTED; SECOND READING WAIVED. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Erickson explained that the amendment to Ordinance No. 811will revise the method - by which the Council sets hearing dates on zoning amendments, by providing for the hearing dates to be set at the request of the City Planner, Manager, or petitioner and without having in hand the report and recommendation of the Planning Commission. Councilman Shaw offered Ordinance No. 811-A94 for First Reading, with waiver of Second Reading and moved its adoption as follows: ORDINANCE NO. 811-A94 AN ORDINANCE AMEWDING THE ZONING ORDINANCE (No. 811) TO PROVIDE FOX SETTING OF HEARING DATES BY THE CITY COUNCIL THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA; ORDAINS: Section 1. Ordinance No. 811 is hereby amended to read as follows: "(g) Upon request of the City Planner or City Manager, or of the petitioner, after the Planning Commission has conscdered a proposed amendment to this ordinance, or after filing an appeal to .the City Council from a decision of the Board of Appeals and Adjustmerrts, the City Council shall set a date for hearing thereon, which shall be not later than GO dsys aft,er the meet-hg. A notice of the date, time, place and purpose of the hearing on any amendment to this ordinance shall be published in the official newspaper of the City at least ten days before the date of hearing. transferring land from one district to another shall be mailed not less than ten days before the date of hearing to each owner of affected property and property situated wholly or partly within 350 feet of the property to which the amendment relates, insofar as the nane and address of such owners can be determined by the Clerk from record's available to the public. of all interested persons, the Council shall make its decision at the same meeting or at a specified future meeting thereof." This ordinance shall be in full force and-effect upon its passage and publication. Motion for adoption of the Ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes': Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. Subparagraph (9) of Paragraph 6 of Section 14 (Administration) of Hearing and Decision by the Council. I A similar notice of hearing on any amendment After hearing the oral or written views Sec. 2. ATTEST: "nz&.%#L%.&L Acting City Clerk WILLIAM WARDWELL LEWIS PARK ADDITION FINAL PLAT APPROVED. Filliam Wardwell Lewis Park for final plat approval. 'No obj.ections being heard, Councilman Shaw offered the following resolution and moved its adoption: Mr. Luce presented RESOLUTION APPROVING FINAL PLAT OF WILLIAM NARDWELL LEWIS PARK ADDITION BE IT RESOLVED by the City Council of the City of Edha, Minnesota, that that certain plat entitled "Nilliam Wardwell Lewis Park Addition", platted by the ,City of Edina, and presented at the Ivleeting of the City Council of April 18, 1977, be and is hereby approved. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there Kere four ayes and no nays and the resolution was adopted. 143 GREG LUCE'S WOPIK RECOGNIZED. Mayor Van Valkenburg extended the Council's+ appreciation and thanks to Mr. Luce for the work he has accomplished as City Planner and wished him success in his new position. HEARING DATE SET FOR LOT DIVISION. As recommended by Mr. Luce, Councilman Shaw's 4 motion was seconded by Councilwoman Schmidt, setting May 16, 1977, for hearing 9 date for: 1) Lots 7 and 8, Griffis Subdivision of Block 18, Mendelssohn - 527-529 Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Arthur St. Lot Division. Motion carried. CIVIL DEFENSE WARNING SIREN PURCHASE AUTHORIZED. Mr. Hyde recommended award to low bidder, Electric Service Company, for a total of $4,500.00 for the purchase and installation of a civil defense warnring siren. He recalled that this was a rebidding for the siren whose bids were rejected by the Council on February 28, 1977, as being considerably over the estimated cost due to location and install- ation of electrical power to the site, and that the Council had requested a new site location. St. Alban's Church at Gleason Road and Valley View Road has been selected for the relocation as it provides the best coverage for the Southwest. quadrant of the City and is adjacent to NSP power lines. motion authorizing purchase and installation of the siren from Electric Service Company, for a total cost of $4,500.00, was seconded by Councilwoman Schmidt. Councilman Shaw's Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SUBMERSIBLE ELECTRIC MOTOR AND CABLE PURCHASE AUTHORIZED. Mr. Hyde recommended award to Layne-Minnesota, for a total cost of $12,075.00 for the purchase of the submersible electric motor and cable. He explained that though they were above the low bidder for cable, thsy'would not guarantee the assembly if another cable supplier is used. Councilman Shaw's motion authorizing purchase of submersible electric motor and cable from Layne-Ninnesota, for a total cost of $12,075.00, was seconded by Councilwoman Schmidt. Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL 12, 1977, APPROVED. Councilman Shaw moved acceptance of Sections B and C of the Traffic Safety Committee Minutes of April 12, 1977, and approval of the following Committee recommendations: 1. Enforcement of state law prohibiting riding of bicycles on sidewalks in business districts. 2. Letter to Hennepin County requesting consideration of installation of permanent traffic signals at TJ. 70th Street and York Avenue sooner than the mid-to-late 1978 date as now scheduled. Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Motion was seconded by Councilwoman Schmidt. LEAGUE OF MINNESOTA CITIES NOHINATIONS FOR OFFICERS AND DIRECTORS. Mr. Hyde reported that he had received a request from the League of Minnesota Cities Nominating Committee to advise them of proposed candidates for the office of President, Vice President and four Directors to be elected at the annual meeting to be held June 9, 1977, in Rochester. He will forward any names the Council May suggest. No action was taken. POLICE ARBITRATION AWARD DISCUSSED. Arbitration Award in the contract between Minnesota Teamsters Local 'No. 320 and City of Edina, that t.he City had lost a significiant point with regard to longevity pay. that the constitutionality of such awards should.be tested. objection from the Council, Mr. Hyde will pursue the posssibility and report back to.the Council. Mr. Hyde informed the Council that in the He stated that there is a growing feeling among several cities There being no VETERANS' PREFERENCE PANEL AWARD REPORTED. Mr. Hyde advised the Council that * the City was upheld by the Veterans' Preference Panel on termination of a fireman from the Fire Department. LEGISLATION SESSION SUMMARY REPORTED. prepared to update the Council on the status of pending legislation and that no action was necessary. Mr. Hyde stated that the report had been EHAHA CREEK WATERSHED IMAGERS ' TERMS DISCUSSED. Nr. Hyde reported that Mr, Lawrence Kelley, who was one of the founders of the Minnehaha Creek Watershed District, was not reappointed to the Board, and suggested the Council by resolution express their thanks to Nr. Kelley for the years served; further, that a copy of the resolution be sent to the County Board expressing regret that Mr. Kelley was not reappointed. WHEREAS, Lawrence E. Kelley, served as a member of the Board of Efanagers of the Minnehaha Creek Watershed District from 1967 until April, 1977, and WHEREAS, Nr. Kelley was President of the Board of lianagers during the last four years of his service, akd WHEREAS, Mr, Kelley gave unstintingly of his time to the important work of the District and dealt effectively with the problems of the District as a whole and cooperated closely with the City of Edina on mutual problems concerning Minnehaha Creek, NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Edina that Lawrence E. Kelley be commended and thanked for his efforts, and that regrets be expressed that his term on the Board has ended. Motion was seconded by Councilwoman Schmidt', Councilman Shaw moved adoption of the following resolution: RESOLUTION OF APPRECIATION T' I 3 Ayes: Schmidt, Shaw, Van Valkenburg Nays: Richards Resolution adopted. PURGEUSE OF H.R.A. PARKING AREA APPROVED. Mr. Luce advised that certain require- ments established by HlJD must be met in order for the City to acquire the parking area property, located generally south of 49% Street and east of Halifax Avenue, from the Housing and Redevelopment Authority with Community Development Funds. He reported that an appraised value of $84,000 had been established by an inde- pendent real estate appraiser and that staff would recommend confirmation of the fair market value of $84,000. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE FAIR MARKET VALTJE AND AUTHORIZATION TO MAKE OFFERS FOR ACQUISITION WHEREAS; the City of Edina is required by the Secretary of HUD to certify the existence of certain facts and issue certain proclaims in connection with the City's use of Community Development Funds; and %??IREAS, the City of Edina, through its staff, has received sn appraisal, received the recommendation of the appraisal review committee, and the recommendation of the Finance Director for the parcel described as: . All that part of the South Half of Lot 35, Auditor's Subdivision Number 172, Hennepin County, Minnesota, according to the recorded plat thereof, lying West of the East13 feet thereof, except that part thereof lying Sovth of a line drawn parallel with and 126.0 feet North of the South line of said Lot 35 and except that part of the Westerly 74.20 feet thereof lying South of a line drawn parallel with and 160.30 feet North of the South line of said Lot 35. Also, all that part of the East 22 feet of the South Half of Lot 36, Auditor's Subdivision Number 172, lying North of a line drawn parallel with and 150.30 feet North of the South line of said Lot 36. Subject to easements for street purposes over the North 25.0 feet thereof, NOW, THEREFOXE, BE IT lZESOLVED by the Edina City Council: 1) That the recommendation of the Finance Director is hereby adopted. 2) That the identity of the above-referenced parcel is certified to be accurate and the fair market value is $84,000 and is hereby adopted. 3) That the appraiser's report, Appraisal Review Committee's report, and the Fizance Director's recommendation as well as a11 other pertinent information re- garding the value of the above-referenced acquisition be kept on record in the Planning Department. 4) That the City Manager is hereby authorized to acquire the subject properties by purchase, donation, or proceedings in eminent domain, if necessary. 3iotion was seconded by Councilwoman Schmidt. Ayes: Iiichards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. EElERGENCY SANITARY SEIJER REPAIR ON HYDE PARK DRIVE AUTHORIZED. that emergency repairs to the sanitary sewer were needed as a one and one-half foot sag in the sewer had been discovered on Hyde Park Drive. to low bidder, G. L, Contracting, Inc., for a total of $20,769. motion authorizing repair to the sewer by G. G. Contracting, Inc., at a cost of $20,769, was seconded by Councilwoman Schmidt. Mr. Dunn reported Mr. Hyde recommended award Councilman Shaw's Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None 3fotion carried. 4/18/77 ' 145 PURCHASE OF TRACTOX AND MOWER APPROVED. bidder, Goulds, for a Jacobson tractor and 7 gang mower for a total of $8,700.00 Motion was made by Councilwoman Schmidt and seconded by Councilman Shaw authorizing purchase of tractor and mower from Goulds at a cost of $8,700.00 Mr. Hyde recommended award to low Ayes : Richards', Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 101-A1 FIRST READING CONTINUED. Mr. Hyde requested First Reading of Ordinance No. 101-AI. regarding changixg order of business for council meetings be continued. It was informally agreed to continue First Reading to May 2, 1977. POLICE DEPARTMENT APPLICATION FOR FUNDS APPROVED. Councihan Shaw offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council hereby appoints Craig Swanson, Chief of Police for the City of Edina, as the duly constituted agent for the City of Edina for the purpose of making application for reimbursement funds to defray the cost of salaries, expenses and substitute expenses during the basic train- ing of Peace Officers of the City of Edina who have:attended a certified train- ing course approved by the Minnesota Peace Officers Training Board. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. As recommended by Mr. Hyde, RESOLUTION . rn a < U m Rollcall : P Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. LEGISLATION SUPPORTED RELATING TO WATERSHEDS. As recommended by Mr. Hyde, Councilman Richards offered the following resolution and moved its adoption:. RESOLUTION IN SUPPORT OF HCUSE FILE NO. 609, SENATE FILE NO. 522, RELATING TO WATERSHEDS WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina; and WHEREAS, the City Council in regular meeting reviewed and discussed the proposed legYslation which is embodied in House File No. 609, Senate File No. 522; and ' WHEREAS, the City Council understands that the bill provides for the managers of the Ennehaha Creek Watershed District, the Nine Mile Creek Watershed District, and other watershed districts to finance water management related improvements with bonds to be issued by the County Board, which bonds would be paid for from either special assessments or the.watershed district tax levy; and WHEREAS, the City Council understands that the passage of the bill is necessary to complete desirable and beneficial water management projects in the Minnehaha Creek Watershed District and the Nine Mile Creek Watershed District which are pending or underway; NOW, THEREFORE, BE IT RESOLVED that the City Council of.the City of Edina supports passage of the proposed legislation of House File No. 609, Senate File No. 522; BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Legis- lature, to the President of the Minnehaha Creek Watershed District Board of Managers, and to the President of the Nine Mile Creek Watershed District. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. 0 ADDITIONAL HEALTH BOARD HEFIBERS APPOINTED. motion was made by Councilwoman Schmidt and seconded by Councilman Richards to appoint the following additional members to the Board of Health: Bjerlce and Beverly Harris and Dr. James Cardle. As recommended by Mayor Van Valkenburg, Mines. Linda Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. HALVORSON CONTRACT FOR DEED DISCUSSED. in the original contract for deed for Lot 5, Block 1, Lake Edina Village Replat, but recommended a clause be inserted requiring Gary G. Halverson to pay the contract for deed in full before building on the property. the clause should b'e included in the contract. Mr. Dalen reported there was no change It was agreed that SALE OF LOTS IN WILLIAM WARDWELL LEWIS PARK ADDITION AUTHORIZED. Mr. Dalen requested approval to sell the single family lots in the William Wardwell Lewis Park Addition and proposed this be done through advertising for bids. Motion 4/26/71 by Councilman Shaw to approve sale of Lot 1, Block 1 and Lots 1 and 2, Block 2 of William Wardvell Lewis Park Addition as proposed , was seconded by Councilwoman Schmidt and unanimously carried. . CLAINS PAID. 1Iotion.of Councilman Shaw was seconded by Councilwoman Schmidt for payment of the following claims as per List A: General Fund, $22,434.87; Park, $1,592.89; Swimming, $20.70; Golf Course, $4,931.89; Recreation, $389.65; Water Fund, $1;161.61; Sewer Fund, $72,252.00; Liquor, $30,875.02; Construction $56,340.15; IBR, $65.20; Total, $190,063.98; and as per List B: General Fund, $99,081.47; Park, $6,652.11; Park Construction, $78.46; Swimming, $28.56; Golf Course, $1,573.08; Recreation, $5,290.11; Gun Range, $311.54; Water Fund, $5,515.40; Sewer Fund, $2,203.58; Liquor Fund, $95,388.02; Construction, $151.34; -Total, $216,900.67; Total List A and List B, $406,964.65. Council's agenda having been covered, Mayor Van Valkenburg declared the meeting adjourned at 12:55 a.m. Notion was unanimously carried. Acting City Clerk .. . .. 1