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HomeMy WebLinkAbout19770606_regular163) MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 6, 1977 7:OO P.M. Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg . MINUTES of May 16, 1977, were approved as presented by motion of Councilman Court- ney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motiorz carried. RESOLUTIONS OF CONDOLENCE ADOPTED. lutions of Condolence which were unanimously adopted: RESOLUTION OF CONDOLENCE FOR JOHN W. WINDHORST, SR. WHEREAS, as a long-time resident of the City of Edina, John W. Windhorst, Sr., has been well known in the activities of the community and a leader in the local political scene; and WHEREAS, over the years, John W. Windhorst served as a founder and President of the Citizens' League, as President of the Citizens' Organization for Responsible Government, as Board Chairman of the Minnesota Orchestral Association from 1974 to 1976, as President of the Minneapolis Club in 1971, and as a member of the Edina Governmental Commission; and WHEREAS, as a leader of the Colonial Church of Edina and as Board Chairman of the Minnesota Conference of the United Church of Christ'from 1964 to 1969, John W. Windhorst, Sr., contributed generously of his vast wisdom and expertise; and WHEREAS, from 1950 to 1957, John W. Windhorst, Sr., as a menber of the law firm known today as Dorsey,.Windhorst, Hannaford, Whitney and Halladay of which he was later to become a senior partner, John W. Windhorst, Sr., served as Attorney for the Village of Edizla, providing the Council with sage advice during the'formative years of the Village; and WHEREAS, John W. Windhorst, Sr., passed away on May 3, 1977, at the age of 64; , NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its most sincere sympathy to the family of AND.BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies be transmitted to Mrs. Windhorst and to John W. Windhorst, Jr., and to D-r. Peter Windhorst. Mayor Van Valkenburg read the following Reso- JOHN W. WINDHORST, SR. RESOLUTION OF CONDOLENCE FOR WELLINGTON 'N. "BUD" DICKSON WHEREAS, Wellington N. llBud'l Dickson was a long time resident of the City of Edina; and WHEREAS, Wellington N. "Bud" Dickson was held in high estet98 by all who knew him and who were aware of his many civic interests; and WHEREAS, over the years, Wellington N. "Bud" Dickson served his fellow man as President of the Minneapolis Rotary Club in 1947, as President of the Minne- apolis Aquatennial in 1949, as President of the Viking Boy Scout Council in 1965, and as head of the Minneapolis Better Business Bureau; and WHEREAS, Wellington N. "Bud" Dickson was active on the political scene as a member of the Edina Good Government Group; and WHEREAS, Wellington N. "Bud" Dickson served two terms as a member of the Edina Village Council from January 1, 1957, to January 1, 1963; and WHEREAS, Wellington N. "B;d" Dickson passed away on May 4, 1977, at the age of NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its most sincere condolences to the family of at this time of bereavement; and BE IT FURTHER RESOLVED THAT a copy of this Resolution be spread upon the pages of the Minutes Book of the Edina City Council and that suitable copies be presented to Mrs. Dickson and to William R. Dickson and to Wellington N. Dickson, Jr. FLOOD PLAIN ORDINANCE NO. 815 READOPTED AS AMENDED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes advised that the City Attorney has recommended the readoption of the Flood Plain Ordinance as amendgd so that notice could be sent to all property owners within 350 feet of the Flood Plain and reviewed the Flood Plain Ordinance, that the Federal Government is now in the process of making a re-study to deter- mine if the existing flood hazard ordinance is accwate. question approximately one-third of the Miznehaha Creek corridor. 73; WELLINGTON N . "BUD" DICKSON He explained In response to a Mr. Hughes also clari- of Councilman Courtney, he explained that the public has access to I 61 6f 77 , fied that flood insurance is required by t,,e Federa Insurance Administration (and not by the City Ordinance) -only if- the dwelling is in the flood plain. Mr. Hughes further advised that the ordinance only regulates new construction in the flood plain. Asking questions concerning the relation of their property to the flood plain were Messrs. Ray Schmidt, 4528 Oxford Ave. , A. 0. Williamson, 5916 Halifax Ave., Robert Schramm, 5500 View Lane, and lis. Barbara Smith, 6901 . McCauley Trail S. tel6phone the Planning Department to determine whether or not their property is actually in the flood plain. Mr. Ray Clark, 6609 Cahill Road, congratulated Council for their enactment of the Flood Plain Ordinance, but emphasized that Council should be cognizant of the fact that many floods are caused by encroach- ment on a flood plain. No further questions being heard, Councilman Courtney offered Ordinance No. 815-A2 for First Reading with waiver of Second Reading .and moved its adoption as follows: Mayor Van Valkenburg suggested that those with questions ORDINANCE NO. 815-A2 AN ORDINANCE READOPTING ORDINANCE NO, 815, AS AMENDED THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: in its entireiy and is hereby incorporated herein by reference and made a part hereof as is fully set out herein, hearing held pursuant to published and mailed notice given as required by, Minne- sota Statutes, Section 462.357, and is adopted pursuant to the authority granted by Minnesota Statutes, Chapter 104 and Chapter 462. This ordinance shall be in full force and effect upon its passage and publication and upon the republication of said Ordirance. No. 815 as hereto- fore amended. .. Motion for adoption of the ardinance was seconded by Councilman Shaw. Section 1, Ordinance No. 815, as heretofore amended, is hereby readopted Sec. 2. This ordinance is adopted in accordance with, and after public Sec. 3. Xollcall: , Ayes: Courtney, Richards, Schmidt, Shaw, Nays: None Qrdinance adopted. ATTEST : ". .. SA??ETY AWARD RECEIVED BY CITY. Mr. Hyde called Council's attention to the fact that the City has been selected-to receive the 1977 Award of Honor in Traffic Safety Education, Enforcement and Engineering, which award was presented at the Governor's Safety Award Banquet.for the second consecutive year. He advised - that this is the first time thata municipality has been so honored in winning the "triple crown". MC CAULEY HEIGHTS 8TH ADDITION CONTINUED TO JUNE 20, 1977. As recommended by Mr. Hughes, Councilwoman Schmidt',s motion was seconded by Councilman Richards for the continuation of IfcCauley Heights 8th Addition to June 20, 1977. ~ Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg No action was taken. Nays: None Motion carried. .- LOTS 7 AND 8, GRIFFIS SUBDIVISION OF BLOCK 18 MENDELSSOHN DIVISION DENIED. Mr. Hughes recalled that the division of Lots 7 and 8, Griffis Subdivision of Block 18-Mendelssohn Division, had ?been continued from May 16 , 1977, for further review of the law and of the facts concerning the combination of the two lots, Mr. Hughes referred to a letter of Mr. Erickson which opined that, although technically, the proponent is petitioning for a division of Lots 7 and'8 for tax purposes, the real question is whether the City can be compelled to issue him a building permit authorizing-the construction of a single-family residence on Lot 7, so that separate residences will be on each of Lots 7 and 8. Keefe, attorney representing Mr. Roy W. Tompkins, recalled that the building permit.had been issued subject to Council approval and said that'he had been confused as to the proper procedures. It was explained that the City could properly deny a variance if there is a reasonable basis for finding 1) that Lot, 7 has more than insignificant value as a side yard for the house on Lot 8, or.2) that construction on Lot 8 would be inconsistent with, and detrimental to, the character of the neighborhood and otherwise detrimental to the health safety or general welfare. said that he is a neighb-or of the Tompkins and would oppose any such variance. man Courtney's motion was then seconded by Councilwoman Schmidt, that the peti- tion be denied for the lot division, with the suggestion that the Tomkins now take Mr. . . Mr. George Gould, 6516 Wateman'Ave., Council- the matter to the Board of Appeals. Motion was seconded by Councilwoman 6/6/77 I Schmidt. (See addition in Minutes of August 1, 1977.) Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van, Valkenburg Nays: None Motion carried. c TRACTS A AND B, R:L.S. of Mr. Ronald Zamansky for the division of Tracts A and B, R.L.S. 1273 (6600 Normandale Road), in order to provide an additional side yard area for the dwell- ing located on Tract A. the proposed lot division, Councilman Courtney offered the following resolution and moved its adoption: 1278 LIIVISION APPROVED. Mr. Hughes presented the petition Being advised that no new buildable lot is created by RESOLUTION WHEREAS, the following described property is at present a single tract of land: Tracts A and B, Registered Land Survey No. 1278; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Tract A, R.L.S. No, 1278 and that part of Tract By R.L.S. No. 1278 lying Westerly of a line run from a point on the North line of said Tract By a distance of 40.0 feet Easterly of the Northwest corner thereof to a point on the South line of Tract By a distance of 40.0 feet Easterly of the Southwest corner thereof; and Tract By R. L.S. No. 1278 except that part lying Westerly of a line run from a point on the North line of said Tract By a distance of 40.0 feet Easterly of the Northwest corner thereof to a point on the South line of Tract By a distance of 40.0 feet Easterly of the Southwest corner thereof; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City.of Edina Ordinance NOS, 801 and 811; NOW, THEREFORE, BE IT RESOLVE6 by the City Council of the City .of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the.requirernents'and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and.conveyance thereof as separate tracts of land, but are not waived for any other purpose or as to any *other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels Gnless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council'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. JERRY'S ENTERPRISES, INC., LOT DIVISION APPROVED. request of Jerry's Enterprises, Inc., for division of parcels of land located gen- erally South and East of Vernon Avenue and West of Brookside Avenue between the grocery store and the hardware store. He explained that, despite the complexity of the division, the requested actlon conforms to the City's standards for a sitnple lot division inasmuch as no additional buildable parcels will be created. The attachment of Tract 3 to Tract B of Registered Land Survey No. 1393. No object- ions being heard, Councilman Courtney offered the following resolution and moved its adoption: Mr. Hughes presented the staff a2d Planning Commission have recommended approval contingent on the , RESOLUTION WHEREAS, the following described tracts of land constitute various separate parcels: Lots 19, 20, 21 and 22, Block 3, Grand View Heights, together with all that part of the East 1/2 of the adjoining vacated Summit Avenue lying between the extensions across it of the South lines of said Lot 19 and the North line of said Lot 22; also that part of Lot 18, Block.3, Grand View Heights lying North of a line run from a point on the West line of said Lot 18 a distance of 1.20 feet South from the Northwest corner of said Lot 18 to a point in the East line of said Lot 18, a distance of 0.70 feet South from the Northeast corner of said Lot 18 and there terminating, except the East 114.0 feet thereof; and except the West 17.5 feet thereof; also that part of Lots 13 to 15 inclusive, Block 4, l-Jing'East of State Highway No, 5, Grand View Heights, and that part of the adjacent portion of the FTest Half of vacdted Summit Avenue lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, according to the 6/6/77 ., . , .. . : plat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County; also Lots 11, 12, 13 and 14, Block 3, Grand View Heights and Lots 15, 16 and 17, Block 3, Grand View Heights, and that part of Lot 18, Block 3, Grand View Heights, lying South of a line run from a point on the West line of said Lot 18, a distance of 1.20 feet South from the Northwest comer of said Lot 18 to a point in the East line of said Lot 18, a distance of 0.70 feet South from the Northeast corner of Lot 18; all of Lots 20, 19, 18 and that part of 17 lying East of a.line drawn from the Southwest corner of said Lot to a point on the North line o'f said Lot a distance of 28 feet East- of She Northeast corner thereof, all in Block 4; all in Grand View Heights, according to,the plat thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota, together with. all of vacated Skit Avenue lying Southerly of the Easterly extension of the North line of Lot 17, Block 4 of said Grand View Heights and Northerly of the Easterly extension of the South line of Lot 20, Block 4, of said addition; also that part of Lot 16, lying East of a line drawn from a point on the South line thereof distant 28 feet East of the Southwest comer of said Lot 16 to a point on the North line of said lot distant 47 feet East of the Northwest corner thereof, Block 4, "Grand View Heights," and that part of the West half of the adjoining vacated Summit Avenue lying between the extensions across it of the North and South lines of said Lot 16, according to the plat thereof on file or of record in the office of t€ie Register of Deeds in and for said County; also Tract B, Registered Land Survey No. 1393 and that part of the adjacent portion of the East Half of vacated Summit Avenue adjoining said Tract B, lying Northerly of the Westerly extension of the North line of Lot 24, Block 3, Grand View Heights, except that portion thereof taken for highway purposes; also Lots 23 and 24, Block 3, Grand View Heights, and that portion of vacated Summit Avenue, lying Southerly of the Westerly extention of the North line of said Lot 24 and Northerly of the Westerly extension of the South line of said Lot 23, except the portion of said vacated Summit Avenue taken for highway purposes; also that part of Lots 11 and 12, Block 4, Grand View Heights, except that portion taken for highway purposes, all located in Hennepin County,.Minnesota; and WHEREAS; the owners of the above tracts of land desire to combine said tracts into-the following described new and separate parcels (herein called "Parcels"): . also . Parcel I all that part of the East 1/2 of the adjoining vacated Summit Avenue lying between the extensions across it'of the South l+es of said Lot 19 and the North line of said Lot 22; also that part of'Lot 18, Block 3, Grand View Heights lying North of a line run from a point on the West line of said Lot 18 a distance of 1.20 feet South from the Northwest corner of said Lot 18. to a point in the East line of said Lot 18, a distance of 0.70 feet South - from the Northeast corner of said Lot 18 and there terminating, except the East 114.0 feet thereof; and except the West 17.5 feet thereof; also that . part of Lots 13 to 15 inclusive, Block 4, lying East of State Highway No. 5, Grand View Heights, and that part of the adjacent portion of the West Half of vacated Summit Avenue lying between the Easterly extensions across said Avenue of the North line of said Lot 13 and the South line of said Lot 15, according to theplat thereof on file or of record in the office of the Register of Deeds in and for said Hennepin County. County, Minnesota. Parcel I1 Lots 11, 12, 13 and 14, Block 3, Grand View Heights and Lots*15, 16 and 17, Block 3, Grand View Heights, and that part of Lot 18, Block 3, Grand View Heights, lying South of a line run from a point on the West line of said Lot 18, a-distance of 1.20 feet South from the Northwest corner of said Lot 18 to a point in the East line of said Lot 18, a distance of 0.70 feet South from the Northeast corner of Lot 18; also all of Lots 20, 19, 18 and that part of 17 lying East of a line drawn from the Southwest corner of said Lot to a point on the North line of said Lot a distance of 25 feet East'of the Northwest corner thereof, all in Block 4; Grand View Heights, according to the plat thereof on file or of record in the dffice of the County Recorder, Hennepin County, Minnesota. with all of vacated Summit Avenue lying Southerly of the Zasterly extension of the North line of.Lot 17, Block 4 of said Grand View Heights and North- erly of the Easterly extension of the South line of Lot 20, Block 4, of said addition; also that part of Lot 16, lying East of a line drawn from a point on the South line thereof distant 28 feet East of the Southwest corner of said Lot 16 to a point on the North line of said lot distant 4.7 feet East of the Northwest corner thereof, Block 4, "Grand View Heights," Lots 19, 20, 21 and 22, Block 3, Grand View Heights, together with . All located in Hennepin . 0 - AI1 in Together . 6/6/77 167 ) CBB m and that part of the West half of the adjoining vacated Summit Avenue lying between the extensions Across it of the North and South line's of said Lot 16, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County, all located in Hennepin County, Miqnesota. Parcel 111 adjacent portion of the East Half of vacated Summit Avenue adjoining said Tract By lying Northerly of the Westerly extension of the North line of Lot 24, Block 3, Grand View Heights, except that portion thereof taken for high- way purposes; also Lots 23 an$ 24, Block 3, Grand View Heights, and that portion of vacated Sumxiit Avenue, lying Southerly of the Westerly extension . of the North line of said Lot 24 and Northerly of the Westerly extension of the South line of said Lot 23, except the portion of said vacated Summit Avenue taken for highway purposes; also that part of Lots 11 and 12, Block 4, Grand View Eeights, except that portion taken for highway purposes, all located in Hennepin County, Minnesota; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning PeguLations as contained in the City of Edina Ordinance Nos. 801 and 811; Tract By Registered Land Survey No. 1393 and that part of the . . NOW, THEREFORE, BE IT RESOLVED by the City Council qf the City oi Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements' and provisions' of Ordinance NO. 801 and Ordinance No- 811 are hereby waived to allow said division and conveyance Or as to any other Provision thereof, and subject, however, to the provision that 40 further subdivision be made of said Parcels unless =de in aompliance with the Pertinent ordinances of the City of Edina 01: with the prior approval of this Council as may be provided for by those ordinances. Motibn for adoption of the resolution was seconded by Councilwoman Schmidt. as separate tracts of land but are not waived for any other purpose . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. LOTS 2 AND 3, BLOCK 8, LA BUENA VISTA DIVISION APPROVED. Mr. Hughes presented the petition for division of Lots 2 and 3, Block 8, LaBuena Vista, so that the owners of Lot 3 could build a garage without obtaining a variance, being heard, Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : That part of Lots 2 and 3, Block 8, LaBuena Vista, Hennepin County, Minnesota, lying Northerly of a line run from a point on the Easterly line of said Lot 2, a distance of 9.0 feet Northerly of the Southeast corner of .said Lot 2, to a point on the Westerly line of said Lot 3, a distance of .9.0 feet Southerly of 'the Northwest corner of said Lot 3; and That part of Lots 2 and 3, Block 8, LaBuena Vista, Hennepin County, Minne- sota, except that part lying Northerly of a line run from a point on the Easterly line of said Lot 2, a distance of 9.0 feet Northerly of the South- east corner of said Lot 2, to a point on the Westerly line of said Lot 3, a distance of 9.0 feet Southerly of the Northwest corner of said Lot 3; and No objections RESOLUTION Lots 2 and 3, Block 8, LaBuena Vista, Hennepin County, Minnesota; and WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; . NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent * I. 6/6/77 -== ordinances of the City of Edina or with the prior apgroval of this Council as may be provided for by those ordinances, Motion for adoption of the resolution was seconded by Councilman Courtney. 0 Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Res'ohtion adopted. -1 16* - -f . HEARING DATES SET FOR VARIOUS ZONING MATTERS. Councilman Shaw's motion was seconded by Councilman Courtney, setting June 20, 1977, as hearing date for the following zoning matters: 1. Colonial Church of Edina (generally located South of Olinger Blvd.; West of Tracy Ave. and North of the Crosstown Highway) - Rezoning (plan approval) Subdivision and Flood Plain Permit; James M. Wilson's First Addition (located S. of 54th St. at Zenith Ave) - Preliminary Plat; Russell R. Wilson Subdivision of Lot 6, Prospect Hills First Addition (gen- erally located West of Dublin Road and North of Kerry Road) - Preliminary Plat ; Edina Interchange 4th Addition (located West of Ohms Lane and North and West of W. 74th St.) - Preliminary Plat Edina Interchange 5th Addition (located East of Cahill Road and South of Dewey Hill Road) - Preliminary Plat R-2 Lot Coverage Ordinance Amendmeat; Ordinance Consolidating Planning Commission and Environmental Quality Commission. 2. 3. 4. 5. 6. 7. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. .AWARD OF INSURANCE BIDS CONTINUED TO JUNE 20, 1977. Courtney was seconded by Councilworan Schinidt, continuing award of insurance bids to June 20, 1977. Motion of Councilman Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. DR. W;ID MRS. L. C. PROSRER LETTER PLACED ON FILE. Motion of Councilwoman Schmidt was seconded by Councilman Courtney, placing the letter of Dr. and Mrs. L. C. Proshek relative to the Dewey Hill Road Plans on file to be considered at the next hearing on those improvements. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried MILLPOND PLACE WATERMAIN PETITION RECEIVED. a petition for watermain road tracks. ing by motion of Councilman Courtney, seconded by Councilman Shaw. *.. Council was advised of receipt of on Iwlpond Place between Westbrook Ave. and the rail- The petition was referred to the Engineering Department for process- * . Ayes: Courtney, Richards,'Schmidt, Shaw, Van Valkenburg Nays: None W motion carried. HEARING DATE SET FOR WATERMAIN IMPROVEXENT NO. P-WM-314-A. Dunn, Councilman Courtney offered the following resolution and moved its adoption: As recommended by Mr. RESOLUTION PROVIDING FOR PUBLIC HEARING ON WATERMAIN IMPROVEMENT NO. P-WM-3 14-A The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Wateknain described in the form of Notice of Hearing set' forth below, and as to the estimated cost of such improvements, 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, June 20, 1977, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvement. 3. The Clerk is hereby authorized and directed to cause notice of the item, place and purpose of 'said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days frtm the date of said meeting, and-to mail notice to all affected properties in substantially the following form: . , '." ^._ .. .. 6/6/77 169 (Official Publication) . CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING WATERMIIN IMPROVEMENT NO. P-WM-314-A THE EDINA CITY COUNCIL will meet at the Edina Clty Hall on Monday, June 20, 1977, 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: 1. WATERMAIN IMPROVEMENT NO. P-WM-314A ESTIMATED COST The approximate Millpond Place from Westbrook Lane to Railroad right-of-way $9,487.00 The area proposed to be assessed for the cost of the proposed Watermain Improve- ment No. P-WM-314-A under 1-A above includes Lots 7, 8, 9 and 10, Block 2, and the West % of Lot 3 and Lots 4, 5 and 6, Block 3, Tingdale Bros. Brookside Addi- tion. Florence B. Hallberg City Clerk I Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg a* . . Nays: None m Resolution adopted. MORNINGSIDE SCHOOL PROPERTY TO BE ACQUIRED. Mr. Hyde recalled that the land on '. which the Morningside skating and hockey rinks are located is actually on School District property which is proposed to be sold. purchase this portion of the school property for a compromise price of $7,500. Mr. Paul Reynolds, 4222 Grimes Ave., was advised that the Council would have to approve any rezoning which might be requested for the remainder of the land. Mr. Don Pryor, Assistant Superintendent for Business Services for the School District, said that it is hoped to isell the property for another school, but that, in any event, the property would be sold for single family dwellings, rather:than apartments. Followlng discussion, Councilman Shaw of.fered the following resolution and moved its adoption: F 5 4 et He recommended that the City RESOLUTION BE IT RESOLVED thzt the Eciina City Coumil does hereby avthorize the purchase of 'that portion of the Morningside School property which, over the years, has been used for hockey and skating rinks, for a total cost of $37,500 to be financed from Capital Improvement Funds, without interest, at a rate of $7,500 per year, said property is described as follows: The North 225 feet of that part of the SE Quarter of the NE Quarter described as beginning at' the SW corner, thence East 439.75 feet along the South line of the SE Quarter of the NE Quarter, thence North 660 feet, thence West 439.63 feet to the West line of the SE Quarter of the NE Quarter, thence South 660 feet to the place of beginning except the North 125 feet thereof, Section 7, Township 28, Range 24. . Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Resolution adopted. , WATERMAIN IMPROVEMENT NO. WM-127 CONNECTION CHARGE APPROVED. Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the connection charge against Lot 1, Block I, Barold Hargrove 1st Addition, over a period of six years at 5%, said connection charge being in the amount of $900.00. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Nays: None Resolution adopted., Courtney, Richards, Schmidt, Shaw , Van Valkenburg TENNIS COURT RESURFACING APPROVED. have been received concerning the resurfacing of the Tennis Courts at Highlands Park: Action Courts, $3,Q00.00; C & H Construction $3,380.00; Tennis West Ltd., 3,366.00. Action Courts was seconded by Councilman Richards. Mr. Hyde reported that the following quotations Councilwoman Schmidt's motion for award of bid to recommended low bidder, Ayes: Courtney, Richards, Schmidt, Shaw Van Valkenburg Nays: None Resolution adopted. 1 SPECIAL ASSESSMENT HEARING DATES SET. dates for special assessments would be set for July 18 and August 15, 1977. Mr. Dalen advised Council that hearing No formal action was taken. CITY HALL PARKING LOT CONTINUED to June 20, 19.77 , as recommended by Mr. Dunn, by motion of Councilwoman Schmidt, seconded by Councilman Richards. kyes: . Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. BOARDS AND COMMISSIONS CONTINUED TO JUNE 20, 1977, by motion of Councilman Shaw, seconded by Councilman Richards. -. Ayes: Itays: none .Resolution adopted, * Courtney, Richards, Schmidt , Shaw, Van Valkenburg SALE OF FORMER OSCAR ROBERTS PROPERTY TO CHURCH OF OUR LADY OF GRACE APPROVED. Mr. Hyde recalled dsscussion about three years ago relative to the sale of the farmer Oscar Roberts property to the Church of Our Lady of Grace, and said that once again the matter has come under discussion, with the following understand- ing having been reached between the Church and the City with respect to the fol- lowing points: 2) Total cash payment would be $6,000; 3) The sum of $16,500 would be paid in two equal annual installments of $6,000 each, with a third payment of $4,500; 4) .The.unpaid principal balance would be secured by a contract for deed and be guaranteed by Robert E. Short; 5) The unpaid principal balance due under the contract will bear interest at the rate of 7% per annum, commencing when the City has removed the gravel and other debris presently on the property; zoning as the adjacent property owned by the Church; 7) The City rxi.11 give only a limited warranty deed to the property on payment of the contract; tract will call for acceleration of the debt Gpon any default, and will require the due under the contract for deed; for the Church to the effect that the purchase has been duly approved by allnec- essary church bodies and that' the documents have been duly executed and are bind- ing upon the Church; assessments commencirrg with those payable in 1974. Mr. Robert Short, 8 Eferilane, assured the Council that the basic need €or acquiring the property was to beautify the entrance to the church, tliat they had no intention of building on the pro- perty or selling it and that they needed the easement only for the entrance to the parking lot. storage yard at Braemar for its gravel. . Courtney's motion authorizing the City Attorney to draft a purchase agreement (which would stipulate that the City would not remove the cement blocks or the pile of hardened cement) was seconded by Councilwoman Schmidt. 1) Sale price would be $22,500; . . -%;- 6) The City may rezone the property sold to the same 8) The con-' Church to keep the property free of liens while there is any unpaid principal 9)Edina will receive an opinion from the counsel . 10) The Church will pay all unpaid installments of special Mr. Dunn pointed out that the City would need to build a new Following discussion, Councilman Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. METROPOLITAN SYSTEMS STATEMENT ACCEPTED; 494/GLEASON ROAD INTERCIIANGE INCLUSION REQUESTED. received its preliminary Metropolitan Systems Statement from the Metropolitan Mr. Hughes advised Council that approximately one month ago the City Council, which draft is- the f6rst step in the metropolitan land planning process mandated in 1976. He advised that the Statement is divided into sections on population, employment and housing projects, in addition to analysis of metro- politan facilities, including transportation, airports, waste management and open space. and recommended that such revisions be included in the final Statement to be pre- pared by the Metropolitan Council. He said that there is no basis to disagree- with the revised forecast which estimates that Edina will peak out at a popula- tion of '50,000 with a maximum total of 20,400 housing units and included recom- mendations concerning highways, transit and open space. Councilwoman Schmidt's motion that the repott of the staff be accepted with the inclusion of the 494/ Gleason Road Inteschange as recommended in the D.M.J.M. Report was seconded by Councilman Shaw. 9 Mr. Hughes noted several revisions and corrections to the-Statement Ayes: Nays: None 1-lotion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg LEAGUE OF CITIES CONFERENCE NOTED; PROPOSED DUES INCREASE OPPOSED. Note was made of the League of Minnesota Cities Conference to be held the week of June 13, 1977. Following informal discussion, Councilman Courtney, Edina's voting delegate to the 6/6/77 suggest the possibility that additional revenues*be raised on a "use" basis. Conference, was instructed to oppose the proposed increase in annual dues and formal act ion was taken. No Q PUBLIC WCIRKS GRANT APPLICATIONS TO BE RESUBMITTED, applications submitted last year for Public Works Grant funds to be used for a Mr. Hyde recalled that possible fourth level on the- South ramp and for park shelters had been denied, He advised that it is now possible to resubmit grant applications. Councilman Courtney's motion authorizing the Manager to submit new applications for funds for*.the ramp and' park shelters was' seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PRIVATE PARAMEDIC SERVICE PARTICIPATION DISCUSSED, Mr, Hyde advised Council that Fairview Southdale Hospital, Methodist Hospital and Smith Ambulance have requested that the Cities of Edina, St. Louis Park and Bloomington be assessed 38~ per capita for the remainder of 1977 and 58~ per capita for 1978 their ambulance service at its present level. Mr, Hyde afted the fact that the Edina Fire Department responded to 1,550 calls in 1976 and that Smith Ambulance responded to only 52 calls to Edina resident's and questioned why Edina residents should be assessed for this additional service when they are already paying for the service furnished by fts own paramedics and ambulance. instructed to attend another meeting with the hospitals and Smith Ambulance and advise them Of Edina's reservations in participating in the proposal.. action was taken. CITY TAX RATE DISCUSSED. the Minneapolis Tribune which showed Edina's assessment ratio:-at 94.6%. these figures, which compared tax.rates':of municipalities in the metropolitan . area,were from a Citizens' League study of state tax departments and based on limited, rather than market, values.: information for Council's information before the Board of Review Meeting on June 13, 1977. No formal action was taken. to continue 03 Mr. .Hydewas No formal m Ba a 4 Mr. Hyde called Council's attention to an article in a He said that The Assessor's office will submit additional XERXES AVENUE SPRINKLER SYSTEM REPAIRS AUTHORIZED. Richfield constructed the Xerxes Avenue .street improvements last year, they destroyed sprinkling systems of the Southdale Tennis Club and of Hennepin County Library. He presented three quotations for repair of the damages, cost of which w'ill be assessed against the properties, and advised that Aqua Engineering was motion authorizing award to recommended low bidder, Aqua Engineering, was sec: onded by Councilwoman Schmidt. ,I . Mr. Dunn advised 'that when qlow bidder at $1,310 for repair of both locations. Councilman Courtney's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. . METROPOLITAN TRANSIT COMMISSION APPOINTMENTS DISCUSSED. Mr. Hyde advised Council of a change in the terms of office of the Metropolitan Transit Commission and said that he understands.that Mr. Loring Staples, Jr., is about to be replaced on the Commission by Mr. William Cooley. sibility of talking to Mr. Robert Short in opposition to Mr. Cooley's appointment. No action was taken. Council informally discussed the pos- .. . MC CAVLEY HEIGHTS 4TH ADDITION PROPERTY ACCEPTED CONDITIONALLY BY CITY.. Mr. Rosland called Councilts attention to a letter from Mr. John J. McCauley, 6416 McCauley Circle, offering to donate Parcel 1727, Plat 73972, District 24, Auditors Subdivision 196, to the City. He advised that this parcel in McCauley Heights 4th Addition is totally in Arrowhead Lake and has been appraised-by the Assessor at $3,300. Councilman Courtney's motion that the City accept the property if there is no cost involved was seconded by Councilwoman Schmidt. Mr. Rosland said that the Park Board has agreed to accept the land. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: Shaw Motion carried. I SALE OF LOT 6, BLOCK 1, LAKE EDINA VILLAGE REPLAX APPROVED CONDITIONKLLY. Mr. Hyde advised Council that the City has had an offer of $11,100 for Lot 6, Block 1, Village Replat. per annum on the unpaid balance from date of sale to the date of closing, said interest to be paid at the date of closing. Councilman Richards' motion approving the sale of the following described property, contingent on the buyer's ability to qualify for and obtain mortgage money for the purchase Price Of the Purchaser agreed to pay $1,110.00 down and 8% interest 6/6/77 home to be constructed on said property by September 1, 1977, was seconded by councilman Shaw: Lot 6, Block 1, Lake Edina Village Replat and that part of Lot 5, Block 1, Lake Edina Village Replat lying Southeasterly of a line running from a point on the Northeasterly line of said Lot 5, which point is 10 feet Northwesterly of the most Easterly corner of said Lot 5, to a point on the Southwesterly line of said Lot 5, which point is 20 feet Northwesterly of the most South- erly corner of said Lot 5, as measured along said Southwesterly line. 1 *- i w2 .> Ayes: Nays: None Notion carried.' Courtney, Richards, Schmidt, Shaw, Van Valkenburg -. I WATERMAIN IEPROVEMENT NO. IJ'kI-299 CONSTRUCTION CHANGE NOTED. Mr. Dunn advised that both the City of Edina and the City of St. Louis Park are installing water- main on W. 40th Street between Grimes an4 Kipling and recommended that the plans be amended so that the two pipes could be installed side by side in the same trench. He clarified that the price charged by the St. Louis Park contractor is somewhat less expensive and that Edina's contractor is agreeable to deleting this portion of the project from the contract. Councilman Courtney's motion approving Mr. Dunn's recommendation that Northern Contracting be retained to install the two watermains in the same trench on V. 40th Street between Grimes and Kipling Avenues was seconded-by Councilwoman Schmidt. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried.' * Nays: None - ORDINANCE NO. 101-AI. CONTINUED TO JUNE 20, 1977. Councilman Shaw's motion to continue First Reading of Ordinance No. 101-A1 to June 20, 1977, for further study was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried. Nays: None . 1. ORDINANCE NO; 311-A9 GRARI"D2I'IIST"REPiDING. Mr. Hyde advised the Council that Mr. Velde has been having complaints about dog enclosures and presented Ordinance No. 311-A9 for Council's consideration. Mayor Van Valkenburg said that he had recently received calls complaining of the additional cost for dogs that have not been neutered and also about the fact that owners must prove chae their dogs have been neutered. Following discussion, Councilwoman Schmidt offered the ' following ordinance for First Reading: ORDINAXCE NO. 311-A9 AN ORDINANCE &ENDING ORDINANCE NO. 311 PROVIDING SANITATION OF DOG ENCLOSURES AND PICKETING AREAS FOR DOG ENCLOSURES, THE PICKETING OF DOGS, AND THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1, Section 1 of Ordinance No. 311 is hereby amended by adding the following : * Dog enclosure" means any enclosure used for the keeping of dogs and SI having an-area less than 1500 square feet. "Rear"yard" shall have the meaning as defined in Ordinance No. 811. "Picket" shall mean to restrain a dog by means of a chain, leash, or other , .. - -- attachment to a fixed object, thereby confining the dog to a determined area. Sec. 2. Section 17 of Ordinance No. 311 is hereby amended by adding the following : "(e) A dog enclosure hereafter constructed shall be placed in the rear yard no closer than 20 feet from any property line. be screened from view of adjacent property by dense vegetation or fencing of 90 percent opacity.. . enclosed for the purpose of keeping the dog. by noise or odor to adjacent property. the area closer than 20 feet of a property line. "(g) The owner shall regularly clean yards, dog enclosures, both exist- ing and hereafter constructed, and areas in which dogs are picketed, and shall not permit feces, food scraps, or other odiferous materials to remain for more than 24 hours. Sec. 3. This ordinance shall be in full force and effect upon its passage The area'must In the alternative, the entire rear yard may be No dog shall be picketed in such a manner as to create a nuisance (f) I1 No dog shall be picketed to occupy and publication. ROBERT C. DUNN APPOINTED PERSON IN CHARGE OF EDINA PLANNING DEPARTMENT. Mr. Hyde advised that he has appointed Mr. Dunn as the person in charge of the Edina Plan- ning Department and that he is, thereby, the Executive Director of the Housing and Redevelopment Authority. Mr. Ericlcson said that the H.R.A. should make Mr. Dunn's appointment official at its next meeting. 6/6/77 173 POLICE DEPARTMENT SALARY RESOLUTION AMENDED. As recommended by Mr. Hyde, Councilman Courtney offered the following resolution amending the Salary Resolu- tion for the Police Department and moved its adoption: r RESOLUTION BE IT RESOLVED 6y the Edina City Council that patrolmen and detectives employed as-of April 1, 1977, who choose to not participate in the Educational Incentive Plan, shall receive, in accordance with Arbitration Award, Case No. 76-PN-829A, an additional $25.00 per month if they have at least six years of service; and BE IT FURTHER RESOLVED that, after fourteen years of service, such employees shall be paid $25.00 per month more, or a total of $50.00 per month for longevity; and BE IT RESOLVED FURTHER that no-employke shall be eligible to receive both Educa- tional Incentive pay and longevity pay and that the above amounts shall be retroactive to January 1, 1977. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. METROPOLITAN TRANSIT COMMISSION CONTRACT FOR SHELTERS TERMINATED. Mr. Hyde 'advised Council that the Metropolitan Transit Commission has requested the term- ination, rather than the suspension of Contract 76-49-33 for proposed passenger waiting shelters in the 50th and France Business District because of objections raised by property owners regarding the installation of the shelters. Council- man Courtney thereupon offered the following resolution and moved its adoption: RE SOLUTION TERMINATING THE M.T.C. CONTRACT #76-49-33 PASSENGER WAITING SHELTER COOPERATIVE AGREEMENT M.T.C:SHELTER SITE #617 & #618 WHEREAS, on July 20, 1976, the City of Edina and the Metropolitan Transit Commis- sion entered into a Cooperative Agreement for the installation of two (2) pass- enger waiting shelters as part of the redevelopment of West 50th Street in the City of Edina; and WHEREAS, the City has determined that it no longer desires to install the two (2) passenger waiting shelters as part of the redevelopment project; NOW, T'dXREFOP-E, BE IT RESOLVED that the Cooperative Agreement, M.T.C. Contract #76-49-33, be hereby terminated effective May 15, 1977, in accordance with Section 6 of the Cooperative Agreement, said termination to be made without prejudice to the City of Edina, the Metropolitan Transit Commission or any second parties. Motfon for adoption of the resolution was seconded by Councilman Richards. . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. LIQUOR REPORTS AS OF JANUARY 31, FEBRUARY 28, MARCH 31 AND APRIL 30, 1977, were presented by Mr. Dalen, reviewed and ordered placed on file by motion of Council- woman Schmidt, seconded by Councilman Richards. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg LOW INCOME HOGSING ARTICLE DISCUSSED. in the Minneapolis Star cbncerning the lack of low to moderate cost housing in the'City. The matter was tabled to June 20, 1977, so that a proper response can be made. Nd formal action was taken. Mayor Van Valkenburg referred to an article MANAGER'S COMMITTEE REPORT was made by the Mayor who advised that 126 resumes have been received and the Council will have summaries of each resume for.its study and review. No formal action was taken. HEALTH BOABa LETTER APPROVED. he had sent to the new Health Board whereupon Council expressed its informal Mayor Van Valkenburg referred to a letter which approval. STREET VACATION HEARING DATE SET. offered the following resolution and moved its adoption: As recommended by Mr.-Hughes, Councilman Shaw RESOLUTION CALLING PUBLIC HEARING ON STREET VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota: 6/6/77 1. be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 214.851 and 160.29: It is hereby found and determined that the following described street should The West one-half of Zenith Avenue lying South of a line 153 feet South of and parallel to the central line of West 54th Street and Northerly of the Easterly extension of the Southerly linepf Lot A, White Investment Coinpany's Hidden Valley, Hennepin County, Minnesota -2. This Council shall meet at the time and place specified in the form of A notice included in paragraph 3 hereof for the purpose of holding a public hear- ing on whether such street vacation shall be made in the interest of the public. 3. 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, least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing on at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. The Clerk is authorized and directed to cause notice of the time, place the first publication at Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET VACATION IN THE CITY OF EDINA HENNEPIN COUNTY, MINNESOTA The West one-half of Zenith Avenue lying South of a line 153 feet South of and parallel to the central line of West 54th Street and Northerly of the Easterly extension of the Southerly line of Lot A, White Investment Company's Hidden Valley, Hennepin Couaty, Minnesota NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall in the City, 4801 W. 50th Street, on July 11, 1977, at 7:OO p.m. for the purpose of holding i? public hearing on the proposed vacation of the following street: The-West one-half of Zenith Avenue lying South of a line 153 feet South of and parallel to the central line of West 54th Street and Northerly of the Easterly extension of the Southerly line of Lot A, White Investment C0qz.q)~ Hidden Valley, Henneph Comty, Minnesota ,411 persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should be made shall be-heard at.said time and place. extent to which such proposed street vacation affects existing easements within. the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all . of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. ' The Council shall_ consider the BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . Resolution adopted. 0 I CLAIMS PAID. payment of the following claims as per Pre-List: Fund, $18,795.35; Park Fund, $2,975.20; Park Construction, $16.90; Park Sinking, $25,453.50; Swimming Pool, $2,544.45; Golf Course. $17,973.78; Recreation Center, $1,758.56; Gun Range, $84.27; Water Works, $12,791.01; Sewer Rental, $4,331.56; Liquor, $158,250.79; Construction, $13,162.25; IBR Fund, $95,710.10; Advance Funding, $643,232.03, Motion of Councilman Courtney was seconded by Councilman Shaw for General Fund, $420,504.81; Poor - The agenda having been-covered, Councilman Courtney's motion for adjournment was seconded by Councilman Shaw and carried. Adjournment at 9:30 p.m. . .' -> City Clerk0