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HomeMy WebLinkAbout19770620_regularMINUTES OF THE REGULAR MEETING OF THE. EDINA CITY COUNCIL HELD AT CITY HALL JUNE 20, 1977 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of June 6, 1977, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. FATEIER LOUIS FORREY COmfENDED UPON 50 YEARS IN THE PRIESTHOOD. Mr. Hyde advised that he had presented Father Lbuis' Forrey with a city plaque .of commendation on the anniversary of his 50th. year in the priesthood. Councilman Shaw's motion of commendation to Father Forrey was seconded by Councilman Courtney and unani-. mously carried. WATERMAIN IMPROVEMENT NO. WM-314A AUTHORIZED. by Clerk, approved as to form and ordered placed on file. given, public hearing was conducted and action taken as hereinafter recorded. I * Affidavits of Notice were presented Pursuanb to due notice CONSTRUCTION OF WATERMAIN IMPR0VE"T NO. IJM-314A IN THE FOLLOWING: Millpond Place from Westbrook Lane to Railroad right-of-way Mr, Dunn recalled that public hearing on this improvement had been conducted on January 17, 1977, but that bids received on April 29, 1977, were considerably over the estimate and the contract was not awarded. the project it was discovered that two lots were omitted from the original estimate and hearing that should have been included.and. that this error %as been corrected at this hearing. Estimated-cost of the improvement was given at $9,487.00, proposed to be assessed against 7 assessable lots at an estimated cost . of $1,355.29 per connection. be approved later in this meeting if the project is authorized, came in at $1,200 per connection, he already has City water; where a consumer's deposit'was made by the builder in 1968 and that subsequent owners.were apparently not qdvised that a future payment would be due if a watermain should be installed to serve the area. He clarified that a letter had e been written to the builder, Earl Wilson, on May 2, 1968, expla-hing the situation, Er. Switzer was also told that he would not receive interest on the deposit. :Mr. Dunn advised Mr. Harold Boltzer, 5116 Millpond Place, that it would not be feas- ible to add to the one inch pipe which serves Mr. Switzer's home. was also expressed by a lady who said that she had only recently purchased her house and that the additional expense of this improvement'would force her to move. The attorney for Mr, Switzer was told that the matter of the assessment itself would be considered at the assessment hearing. 5117 Millpond Place, said that two residents are having problems with water pressure and urged that the improvement be installed as soon as possible. further discussion being heard, Councilman Courtney offered the following resolu- tion 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 published and maiied to owners of each parcel within the area proposed to be assessed for Watermain Improvement No. TJM-314AY and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons.intereated, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvement, including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement ; thzt said improvement is. hereby designated and shall be referred to in all subsequent Proceedings as and the area to be specially assessed therefor shall include Lots 7, 8, 9 and 10, Block 2 and the 'Nest % of Lot 3 and Lots 4, 5 and 6, Block 3, Tingdale Bros. Brookside Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. He advised that in reexamining Mr. Dunn added, however, that new bids which will Mr. Frank K. Switzer, 5112 Millpond Place; objected that Mr. Dunn pointed out that this is one of the cases I An objection Mr. Richard A. Yackel, No RESOLUTION ORDERING IJATERMAIN IMPXOVEMENT NO. WM-314A WATERMAIN IFZPROVEEIENT NO. IJM-3 14A Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. . CULONIAL CHURCH OF EDINA LONING, rmr AND FLOOD PLAIN PERNIT APPROVED. PUBLICA- TION OF ORDINANCE WITHIIELD. as to form and ordered placed on file. Affidavits of Notice were presented by Clerk, approved Mr. Hughes recalled that on April 18, 1977, ". 6/20/77 the City Council reviewed the proposed plans for the church and agreed that a church building would be a proper land use for the location South of'Olinger Blvd. and West of Tracy Ave., but requested that the church revise its plans with regard to the proposed parking lot, the height of the berm surrounding the park- ing lot, to submit landscaping plans in detail so as to indicate the type of the surface treatment of the entire site and the screening of parking and loading areas. ing lot has now been increased, the pond size has been increased in the Western portion of the property and additional landscaping has been placed on the berm and advised that the Planning Commission has recommended approval of the zoning, Flood Plain Permit and plat, subject to receipt of the hardshells.' Larson, 6252 Sandpiper Court; objected that no steps had been taken to screen the church from his property. ment of Natural Resources said that the pond is public water and that it would take from four to six weeks to obtain their approval to change the pond. Hughes pointed out that the pond is'public water and that the church has applied for a permit and the Nine Mile Creek Watershed District has recommended in favor. of the permit. D.N.R. and that as far as the City is concerned, all of its requirements have been met. Mr. Larry Laukka of Colonial Church advised that after the April 18 meeting the church retained a landscape architect to'develop preliminary plans and have met with the neighborhood group twice in the month of May to rebiew preliminary plans. neighbors wherever possible. used the vrewgraph to demonstrate cross sections of the berms, the type of light- ing to be installed and the effect that plantings would have in screening. pointed out that residents had expressed their desire to retain a group of aspen trees and omit the berm in one particular location. Church advised Counciima? Richards that the church does not have to install the extra parking lot until the City requests, parking lot to City standards at such time as the size of the church may be increased. parking lot with six inches of the lot at this time if it wished. he said, stands alone from the Developer's Agreement. Mr. Geer agreed to remove the word "reasonably" from the last paragraph of Section 3 of th'e Parking Agreement. Mr. Jack Herbst, 5824 Olinger Blvd., requested that-the parking lot be constructed at this time so that cars of workers will not have to park on Olinger Blvd. and so that the hockey rink traffic will have some place to park. Mr. Laukka recalled that it was agreed to widen Pilgrim Way to 30 feet to allow for parking on one side. Mr. Hughes told Mr. Herbst that the height restriction in PRD-1 is mclear and that the steeple would be considered differently from the primary structure. Mr. Hamel advised Mr. Herbst that the building itself is no more than two stories high. sign would be installed on Olinger Blvd. as soon as the initial grading is com- pleted. In response to a question of Councilman Richards, Mr. Geer said that the church would reimburse the City if the City paves the parking lot and the church later decides that it needs it.. Following lengthy discussion, Councilman Shaw's motion approving the Flood Plain Permit was seconded by Councilman Courtney. Mr. Hughes said that the berm on the North side of the park- Mr. Bert He called attention to the fact that the Depart- Mr. Mayor Van Vallcenburg pointed out that the permit is up to the He said that plans were revised in arGer to accommodate:the Mr. Richard Hammel of Hammel-Green-Abrahamson He Mr. Charles Geer of Colonial but that the church will pave the He clarified that during canstruction, it is planned to prepare the "Class 5" gravel now sc that the park could use Mr. Hyde read the Parking Lot Agrgement which, ' Mr. Laukka assured Mr. Herbst that a "No Parking" Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. Councilman Shaw then offered the following resolution for approval of preliminary . and final plat and moved its adoption: RESOLUTION GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR COLONIAL CHURCH OF EDINA FIRST ADDITION BE IT RESOLVED by the City-Council of the City of Edina that that certain plat * entitled "Colonial Church of Edina First Addition", platted by the Colonial Church of Edina, a religious corporation, and pr'esented at the Edina City Council Meeting of June 20, 1977, be and is hereby granted preliminary and final plat approval, subject to receipt of the subdivision bond and the final plat in the hard shell form, and with the understanding that any variance which might be required on the height of the structure is hereby granted. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall: Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg 6/20/77 Shaw then offered Ordinance No. 811-A62 for 'First Reading, with waiver of Second Reading and moved its adoption as follows: ORDINANCE NO. 811-A62 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO PRD-1 RESIDENTIAL DISTRICT FROM PRD-1 (PLAN CHAHGE) THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Planned Residential District (Sub-District PRD-1) is That part of Government Lot 1, and of the Northeast 1/4 of the Northwest 1/4 of Section 5, Township 116 North, Range 21 West of the 5th Principal Meridian, described as follows: line of County Highway No. 62 with a line drawn due North from a point on the South line of said Government Lot 1, distant 71 1/2 rods East of the Southwest corner of said Government Lot 1; thence due North to the North line of said Government Lot 1; thence East along the North line of said Government Lot 1 and along the North line of said Northeast 1/4 of the Northwest 1/4 to a point distant 663-feet West of the Northeast corner of said Northeast 1/4 of the Northwest 1/4; thence South parallel with the East line of said Northeast 1/4 of the Northwest 1/4 a distance of 663 feet; thence East parallel with the North line of said Northeast 1/4 of the Northwest 1/4 a distance of 663 feet to the East line of said Northeast 1/4 of the Northwest 1/4; thence South along said East line to the Northerly line of said County Highway No. 62; .thence Westerly along said Northerly line of said County Highway No. 62 to point of beginning; EXCEPT, the East 233.0 fset of the North- east 1/4 of the Northwest 1/4 of Section 5, Township 116, Range 21, Vest of the 5th principal meridian, lying North of the Northerly right-of-way line of County Highway No. 62 and South of the South line of the North 663 feet of said Northeast 1/4 of the Northwest 1/4; subject to that portion taken for Tracy Avenue and an easement for'road purposes over the North 30 feet thereof, and reserving a non-exclusive easement for road-purposes over the South 30 feet of the North 60 feet thereof (which is in Sub-District Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is enlarged by adding the following thereto: enlarged by the addition of the following property: I Commencing at the point of intersection of the Northerly PRD-1). This.ordinance shall be in full force and effect upon its passage Xollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenbur N2ys: None Ordinance adopted. ATTEST : L-- A- fL City Clerk I&. Laukka was told that Department of Natural Resources approval would be necessary before the building permit will be issued. NC CAULEY HEIGHTS 8TH ADDITION GRANTED FINAL PLAT APPROVAL; ORDINANCE 130. 801-A98 GWTED SECOND READING. final plat approval, along with Ordinance No. 801-A98 as requested by Mrs. Betty Mr. Hughes presented McCauley Heights 8th Addition for McCauley. met, Councilwoman Schmidt offered the following resolution and moved its adoption: Being advised by Mr. Hughes that all ordinance requirements had been RESOLUTION GRANTING FINAL PLAT APPROVAL FOR 11C CAULEY HEIGHTS 8TH ADDITION BE IT P3SOLVED that that certain plat entitled "McCauley Heights 8th Addition", platted by Mrs. Betty J. McCauley, a single person, and presented at the Edina City Council Meeting 02 June 20, 1977, be and is hereby granted final plat approval. Motion for adoption of the resol'ution was seconded by Councilman Shaw.. I Rollcall : .- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilwoman Schmidt then of f'erzd Ordinance No. 801-A93 for Second Reading and moved its.adoption as follows: 6 / 20./ 7 7 olb m ORDINANCE NO. 811498 AN ORDINANCE AMENDING THE ZONING ORDIIUNCE (NO. 811) BY REZONING PR9PERTY FROM R-1 RESIDENTIAL DISTRICT TO R-2 MULTIPLE RESIDENTIAL DISTRICT THE CITY COUNCIL, OF EDINA, MINNESOTA, ORDAINS: hereby amended by adding the following thereto: addition of the following property: Section 1. . "The extent of the R-2 Nuitiple Residential District is enlarged by the Lots 1, 2 and 4, Block 1, McCauley Heights 8th Addition, which is in Sub- District R-2 ". Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. Paragraph 1 of Section 4'of Ordinance Yo. 811 of the City is This ordinance shall be.in full force and effect upon its passage Rollcall : Ayes: Courtney; Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : - La-& City Clerk JAMES N. WILSON'S FIRST ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were preseated by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented James M. Wilson's First Addition for preliminary plat approval as recommended by the Planning Commission, advising that this property is located South of W. 54th Street at Zenith Ave., and that final approval would be contingent on the vacation of a portiop of Zenith Avenue, which hearing will be held on July 11, 1977. Mr. Hughes recalled that approximately one year ago the Planning Commission reviewed 2 similar request for this property then known as Erickson Addition'' and recommended approval of the plat contingent upon dedica- tion of the flood plain portion of the site but that the proponent had withdrawn his. request due to a disagreement.on the requested parkland dedication. that time, the staff and owner of the property have come to an agreement on the dedication of the area known as Outlot 1, which outlot coosists of a strip of land 100 feet uplandof Minnehaha Creek. Mr. Hughes recalled also that the Western half of Zenith Avenue from 54th Street to 120 feet Southerly had been vacated at the time the plat was originally considered. recommended approval of the plat subject to dedication of Outlot 1 to the City and with the Understanding that no fill, structures or obstructions shall be placed below elevation 853 without the issuance of a special flood plain permit from the City and the approval of the Minnehaha Creek Watershed District. proponent had also agreed that the house on Lot 1 would.be located on the front part of the site and would line up with the others in the area. question of Councilman Shm, Mr. Hughes said that it would be d'ifficult to have an additional building site on the property. Ms. Peg Thiel, 3301 W. 54th St., was told that no plans have been madeJas yet to build on the lot. Mr. Frederick Senn, 5409 Abbott Place, was told that an outlot is a lot which is.not buildable. further discussion being heard, Councilman Shaw offered the following resolution and moved its adoption, subject to parkland dedication and with the understanding that the plat be restricted to one single family dwelling: 11 Since' - Planning Commission has The In response to a No RESOLUTION GRANTING PRELIMINARY APPROVAL FOR JAMkS M. WILSON'S FIRST ADDITION BE IT RESOLVED that that certain plat entitled "James M. Wilson's First Addition", platted by James M. Wilson and presented at the Edina City Counci1,Meeting of June 20, 1977, be and is hereby granted preliminary plat approval, contingent on the dedication of Outlot 1 for park purposes and with the understanding that the plat be restricted to one single family dwelling. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Nays: None Resolution adopted.. Shaw, Van Valkenburg RUSSELL R. WILSON SUBDIVISION OF T,OT , PROSPECT BILLS FIRST ADDITIC PLAT PPROV -- L CONTINUED TO .JULY El, 1977. AfEidnvits of Notice were presented by Clerk, approved as.to form and orderid placed on file. Subdivision of Lot 6, Prospect Hills First Addition for preliminary approval, not- ing that the property is generally located West of Dublin Road and North of Kerry Road. He recalled that approximately five years ago, the Planning Commission had Mr. Hughes presented Russell R. Wilson 6/20/77 i reviewed a request for a three lot subdivision of the same property and had sug- gested that the proponent modify his request into two lots, rather than three, because of the size of surrounding lots. Mr. Hughes explained that Lot A of the subdivision, the location of the proponent's existing house, would.be 33,541 square feet, and Lot. B would measure 24,800 square feet. as characterized by rather steep slopes and being heavily wooded. also cn the liorth end of the site and added to Lot A. mended approval contingent on the dedication of parkland fees, the acquisition of the existing outlot on the north end of the subject property from the City, and on the proponent obtaining a tree cutting permit prior to construction on Lot B. Reference was made to a letter from Mrs. E. B. Eckberg, 7020 Kerry Rctad, who expressed concern that others in the area would make similar requests if this plat should be approved. built, it had been understood that some transfers of land would be made between neighbors, but that all transactions were never completed at that time. Mr. Hyde said that he now has a letter from Mr. Wilson advising that he and his wife will now prepare a deed to transfer a parcel of land to Mr. Louis Gross and to pay the agreed upon amount for transfer of 20 feet of City of Edina property lying along side the regeryoir. in Prospect Hills ran out two years ago and that there have been other proposals to divide lots which were never acted upon. Mr. Iver Johnson, 7100 Down Road, said that neighbors would like to see the development of minimum standards for subdivision in the area. Mrs. Rodney Burwell, 5916 Lee Valley Road, and an uniden- tified lady in the audience expressed their concern that this subdivision would be an "opening in the dam" and urged that an area like this should be preserved. Mayor Van Valkenburg said that he would like to have an opportunity to inspect the area, whereupon Councilman Richards' motion to continue the hearing to July 11, 1977, was seconded by Councilwoman Schmidt. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg He described the site The proponent Planning Commission has recom- will purchase an existing outlot which is owned by the City which is located . I Mr. Hyde recalled that at the time the reservoir was Mr. Hyde added that the deed restrictions placed on property Nays: None Motion carried. EDINA. INTERCHANGE 4TH ADDITION PRELIMINARY PLAT CONTINUED TO JULY 11, 1977. Affidavits of Notice were presented by Clerk, approved as to.form and ordered placed on file. Mr. Hughes presented-Edina Interchange 4th Addition for prelim- inary plat approva1:as recommended by the Planning Commission, advising that the property is generally located West of Ohms Lane and North and West of W. 74th St. in the Edina Industrial Park; He.said that-this tract of land is presently div- ided into 12 lots and that the proponent is requesting a consolidation of these lots into seven lots to facilitate their sale and development. new zoning is proposed for the site. subdivision be contingent on the proponent capping all unused sewer systems at the property lines and noted that the proponent should be aware that flood plain conditions exist on some lots abutting W. 73rd Street and that any filling or development of such lots would require a permit from the City as well as permits from the Nine Mile Creek Watershed District. In response to Mr. Hyde's suggestion that Ohms Lane be extended West to the Northern States Power Company building, Mr. Steven Gage of Garron Corporation, the local representative of New England Mutual Life Insurance Company for property management and development purposes, said that they have.construction deadlines to meet and urged that the plat'not be delayed. He said that he would prefer not to have additional traffic from Northern States Power going through the area. Discussion ensued as to the possibility of grant4 ing a thirty foot easement or an outlot, rather than extending the cul-de-sac. In response to Ffr. Gage's concern over the delay in plat'approval, Councilman Bichards suggested that perhaps both preliminary and final approval could be granted at the next meetfng. so that the matter of Northern States Power access to the South can be.studied further. I - He clarified that no Mr. Hughes recommended that approval of the He then moved that the matter be continued to July 11, 1977, Motion was seconded by Councilman Courtney. I Ayes: Couztney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA INTERCHANGE 5TH ADDITION GRANTED PRELIMIKARY PLAT APPROVAL. Affidavits of Notice were presen.ted by Clerk, approved as to form and ordered placed on file, Nr. Hughes presented Edina Interchange 5th Addition for prelimirmry plat approval, advising that the proponent is proqosing to divide the present parcel into two lots, one being 3.23 acres and the second being 2 acres in size, said property be- ing located on the Sougheast corner of Dewey Hill Rood and Cahill Road. tu a question of Councilmsa Richards; Mr. Hughes said that th plat would leave adequate right-of-way for the realignment of Callill Road and Dcwey Hill Road. No objections being heard, Councilman Courtney offered the folloving resolution and moved its adoption, contingent on the parkland dedication of 5% of the value of the raw land: In reply 6/20 f 77 '. 191 RESOLUTION GRANTING PRELIMINARY PLAT FOR EDINA INTERCHANGE 5TH ADDITION BE IT RESOLVED that that certain plat entitled "Edina Interchange 5th Addition, platted by New England Mutual Life Insurance Company, and presented at the meet- ing of the Edina City Council of June 20, 1977, be and is hereby granted prelim- ipary platyapproval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. c Rollcall : Ayes: *Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted e MUIR WOODS 2ND ADDITION GRANTED FINAL PLAT APPROVAL. Woods 2nd Addition for final plat approval, Mr. Hughes presented Muir noting that this two lot plat is located East of Comanche Court along Valley View Road and that approval is recommended with the understanding that a tree removal permit and a grading per- mit.be taken out prior to any development of the site. Mr. Roger Stageberg, . 6609 Paiute Pass, asked that the record show that there is a restrictive coven- ant pertaining to Lot 1 which prevents Lot 1 from containing inore than one residential unit. covenant. Mayor Van Valkenburg reminded Mr. Stageberg that covenants normally run for only thirty years. No further discussion being heard, Councilman Shaw offered the following resolution and moved its adoption: He added that the present proposal is 2n compliance with this CT) m r- e < RESOLUTION GRANTTNG FINAL PLAT APPROVAL FOR BE IT RESOLVED that Muir Woods Second Addition, platted by Clifford R. Fraser and Marlis J. Fraser, husband and wife, and by Marvin C. Weegman and Janet F. Weegman, husband and wife, and presented at the Edina City Council Meeting of June 20, 1977, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney. MlTIR WOODS SJICOND ADDITION a Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. . 0PJ)INANCE NO. 811-A99 ADOPTED. approved as to form ar,d ordered placed on file. Mr. Hughes presented Ordinance No. Sll-A99 'as recommended by the Planning Commission, which ordinance increases the lot coverage allowed in the R-2 Multiple Residence District. Note was made of a letter from Mr. and Mrs. Frank Wheeler; 5004 Schaefer Road, who were present at 'the meeting. No objections being heard, Councilman Courtney offered the fol- lowing ordinance for First Reading, with waiver of Second Reading and moved its adoption as follows: Affidavits of Notice were presented by Clerk, ORDINANCE NO. 811-A99 AN ORDINANCE AMENDING THE ZONING ORDINANCQ NO. 811 BY INCREASING THE LOT COVERAGE ALLOWED IN THE R-2 MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. District) is hereby amended to read as follows: "b) Lot Coverage and Floor Area Ratio (FAR) District Maximum Lot Coverage Maximum FAR Subparagraph b of Paragraph 3 of Section 4 (Multiple Residence - R-2 25% R-3 30% R-4 30% 0 - - R-5 25% 1.2 The floor area ratio is the gross floor area of all buildings on a'lot divided by the lot area." Sec. 2. age and publication. Motion for adoption of the Ordinance was seconded by Councilwoman Schmidt. This ordinance shall be in full force and effect upon its pass- Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Xays: None Ordinance adopted e ATTEST : 75L-Lu-8. City Clerk ORDINANCE NO. 803 GRANTED FIRST READING. Affidavits of Notice were presmeed hy , i ' 6/20/77 . , ,- Clerk, approved as to form and ordered placed on file. Ordinance No. 803 as recommended by the Planning Commission and the Environmental Quality Commission. Following discussion, Councilman Richards offered Ordinance No. 803 for First Reading as follows: Mr. Hughes presented ORDINANCE NO. 803 AN ORDINANCE ESTABLISHING A COMMUNITY DEVELOPMENT AND' PLANNING COMMISSION, PROVIDING FOR THE APPOINTXENTS OF c ITS MEMBERS, DEFINING ITS POWERS AEJD DUTIES, AND REPWING ORDINANCE NO. 105 AND ORDINANCE NO. 802 EXCEPT SECTION 8 THEREOF THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Development Commission of the City -of Edina is hereby established. as the planning agency within the meaning of Ninnesota Statutes, Section 462.351 through 462.364. advisory to the City Council. the City appointed by the Mayor with the consent of a majority of the members of the City Council, and shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties and responsibilities vested in and imposed upon the Commission. Nembers of the Commission shall be appointed in January of each year for terms of three years commencing on the February 1 fol- lowing their appointments, except for the first Commission appointed, which shall have three meabers with one-year terms and three members with two-year'terms. A Commission member, following expiration of his or her term, may be reappointed to thn, Commission by the Mayor with the consent of a majority of the members of the City Council. However, no Commission member shall be r$appointed to the Commis- sion if he or she has served on the Community Development and Planning Commission. for a cumulative period of twelve or more years (whether or not consecutive). Members of the Commission may resign voluntarily or be removed from office by majority vote of the Council. in the City shall automatically be removed from office. shall serve without compensation. man from among its members for a term of one year. bylaws as shall be necessary' or desirable for the conduct of its business. Commission shall hold at least twelve regular meetings every year. si02 may establish as deemed necessary permanent or temporary cornnittees for the purpose of advising the Commission. comprised wholly of Commission members or comprised of at least one Commission member together with an appropriate number of other individuals. members shall be appointed by the Chairman with the consent of a majority of the Cornnission and shall be selected on the basis of their expertise and interest in the subject work of the committee. furnished and coordinated by the Planning Department of the' City. advisory staff may be assigned to the Commission by the City Manager. keep and maintain a written record of the Commission's actions, resolutions, recommendatiens, and findings, which record shall be a public record. -.Section 1. Community Development & Planning Commission. The Community It shall.serve In such capacity, the Community Development Commission shall be a Sec. 2. Membership. The Commission shall consist of eleven residents of Commission members who discontinue legal residence Members of the Commission Sec. 3. Organization; The Commission shall elect a Chairman and Vice Chair- The Commission shall adopt The The Commis- Such advisory committees shall be either Committee Sec. 4. Staff. Staff services, including secretarial services, shall be Additional Staff shall Sec. 5. Powers, Duties and Responsibilities. The Commission shall: Prepare,' review, and make recommendations to the Council as'to the compre- (a) hensive municipal plan, or any sections thereof, including, but not limited to, a land use plan, a transportation plan, a communities facilities plan, a capital improvements program, a parks and open space plan, and a housing plan, and recom- mendations as to plan execution. (b) previously unsub-divided land and replats of platted land, in accordance with the platting regulations set forth in the Platting Ordinance (No, 801). (c) Review and make recommendations to Counckl as to all proposed amendments to the Zoning Ordinance (No. 811). (d) Review and make recommendations to the Council as to the report and recom- mendations .-of the Heritage Preservation Board regarding preservation of lands and buildings of historical, architectural, cultural, and educational signifi- cance (Ordinance No, 802). (e) permits as set forth in the Flood Plain Management Ordinance (Bo. 815)- (f) applications €or erosion and sedimentation control plans as set forth in the Soil and Sediment Control Ordinance (No. 817). (gj Review and make recommendatisns to the Council as to maL'Lers relating tomthe provision of low and moderate cost housing and which are referred to it by the. Review and make recommendations to the Council as to all proposed plats of Review and make recommendations to the Council as to all requests f,or special Review and make recommendations to the Director of Planning as to all I 6/20/77 council. (h) Develop and make recommendations to the Council for the purpose of fostering the maintenance and improvement of the City's environment, including but not limited to, such rcatters as the mitigation of air, water and noise pollution, and the enhancement and preservation of wildlife and natural areas within the City. (i) Conduct, and report to the Council on, such studies relating to the environ- mental quality in the City as the Council may request. (j) major commercial, industrial, or residential developments in the City as the Council may request. hereby repealed in its entirety and Ordinance No. 802 (Planning Commission) except Section 8 is hereby repealed, both effective on Sec. 7. and publication. LOT 15, BLOCK 1, LAKE'EDINA 3RD ADDITION UTILITY AND DRAINAGE EASEMENT VACATION APPROVED. ordered placed on file. drainage and utility easement on Lot 15, Block 1, Lake Edina 3rd Addition which was requested so that the property owner could build a swimming pool. that Northern States Power Company has advised that the property owners have agreed to pay the cost of relocating the electric lines and that Mr. Beckwith of Northern States Power Normandale Office had approved the vacation. North- western Bell Telephone Company and Minnegasco had likewise indicated their approval. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION VACATING EASEMENT FOR 1 Make such reviews and recommendations to the Council on matters relating to Sec. 6. Repealer. Ordinance No. 105 (Environmental Quality Comnission) is This ordinance shall be in full force and effect upon its passage Affidavits of Notice were presented by Clerk, approved as to form and Mr. Dunn presented the petition for vacation of a He said DRAINAGE AND UTILITY PURPOSES WHEREAS, a resolution of the City Council, adopted on May 16, 1977, fixed a date for a public hearing on a proposed vacation of easement for drainage and utility purposes ; .and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the.20th day of June, 1977, at which time all persons desir- ing to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the pu3lic that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the 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 easement area thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOW, THEREFORE, BE IT RESOLVED, by the City Council of 'the City of Edina, Hen- nepin County, Minnesota, that the following described portion of the drainage and utility easement be and is hereby vacated effective as of June 20, 1977: The East-West Drainage and Utility Easement on Lot 15, Block 1, .Lake Edina 3rd Addition, the center line of said IOo foot easement is described as follows: Commencing on the East line of said Lot 15 a distance of 130 feet North of the Southeast corner of said lot and running Southwesterly to a point on the West line of Lot 14, Block 1, Lake Edina 3rd Addition, said point being 140' Northerly of the Southwest corner of said Lot 14, except for the Easterly 10 feet of Lot 15; and the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the 'County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. , Motion for adoption of the foregoing resolution was duly seconded by Councilwoman Schmidt. Rollcall : Ayes : Courtney , Richards Schmidt Shaw, Van Valkenburg Nays: None Resolution adopted. AWARD OF INSUWCE'BIDS CONTINUED TO JUNE 27, tion of bids ior the City's itisiirance, noting the recommendation of Mr, Dalen for award TO those companies indicated by an asterisk as follows: 1977. Mr. Hyde presented tabula- 6/20/77 Horizon Agency General Liability * 58,707-H Para-Medics * 1,229-W Auto' Liability * 24,435-H Liquor Liability * 23,396-H Umbrella Liability 52,200-IN Auto Physical Damage * 7,779-H Mobile Equipment 3,833-H Fine Arts' * 32-H Business Interruption * 852-H honey & Securities 1,822-H Worker's Compensation 110.745-P * 4,548-Ap - i'"" Police H - Home Insurance Co. I- W - Western World Insurance Co. A- AP-.Appalachian Insurance Co. S- OM- Occidental Fire & Casualty & Ha- Midland Insurance Co. E- IN- Iowa National Mutual P- - Mr. Dalen said that if the bids are-awarded as .- BHK&R 2 I, 052-OM -. 4,7704 * 45-A 9 3 1-S . -.LP - Woo d-Nels on .I r- . 21,052-OM * 47,532-1 * 1,519-Ha *110,745-E Interstate Fire & Casualty Co. Ae.tna Insurance Co. St. Paul Mercury Insurance Co. Hartford Fire Insurance Co. Employers Mutual Insurance Co. Assigned Risk Pool recommended that the total premium for Horizon Agency would be $124,811 and the total premium for Wood-Nelson would be $159,796. collision. Compensation insurance was the same as that of Wood-Nelson and agreed to write the policy with Employers Insurance if the City wished. sort of arrangement be worked out whereby Horizon Agency and Wood-Nelson would share the commission. Mr. Fred Gedelman, insurance consultant retained by the City, explained that if the insurance is written by the Horizon Agency it would either be in the Home Insurance Company or in ;the Assigned Risk Pool and that if the insurance is written by the Wood-Kelson Company it would be in the Employers Insurance of Wausau thru the Assigned Risk Pool. He added that tfie Wood-Nelson quotation also recommends that the Worker's Compensation premium can be paid in installments with 50% of the premium paid as a down payment with quarterly payroll audits or with 25% of the premium as a down payment with monthly payroli audits. Mr. Gedelman also said that the Horizon Agency quotation specifies that if the -Home hsurance Company writes the Worker's Compensation irisurance 011 2 voluntary basis, the quotations for other lines of insurance on behalf of the Home InsuE- ance Company would be substantially higher and, in view of the fact that there were no other quotatlons for some of the other lines, recommended that the Worker's Compensation insurance not be written on a voluntary basis in the Home. Mr. Dale4 expressed concern that if all bids are given to one agency the 'city would not get any bids another time. the recommendation for Worker's Compensation Insurance. He also recommended that the City not carry insurance for automotive Nr. William Homeyer of Horizon Agency said that his bid for Workmen's He suggested that some Councilman Richards expressed concern about -- Ee then moved that the I award of bids be continued to June 27, 1977, SO that both companies would have an opportunity to bring in guarantees as to award to Employers Insurance of Wausau. Motion was seconded by Councilman Shaw. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Hotion carried. WILLIAN WARDWELL LEWIS PARK LOTS SALE APPROVED. the only bid received in response to Advertisement for Bids in the Edina Sun was from Aspen Construction Coinpany as follows: . Lot 1, Block 2, $23,555; Lot 2, Block 2, $17,000. Terms of the bid call for $6,000 total down payment for all ihree lots with 10% interest payable quarterly, with payment'in full to be made either upon the 24 month anniversary of the sale of upon comencement of construction, whichever is earliest. Mr. Dalen said that it is further understood that the City will pay for existing assessments but that it kll not guarantee soil conditions. of Lot 1, Block 1 and Lots 1 and 2, Block 2, Williams Wardwell Lewis Park Addi- tion, as recommended by Mr. Dalen was seconded by Councilwoman Schmidt. Mr. Dalen.-advised Council that Lot 1, Block 1, $37,760; " .I Councilman Courtney's motion for sale Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenbury; WATERMAIN IMPROVEMENT NO. WM-314A BID AWARDED. three informal bids taken for Watermain Iwprovement No. IG1-314A. showed Raymond E. Haeg Pl.umbir!o. Inc. , low bidder at :$, 310 511, ?Isyes Contract- ors, Inc., at. $7,220.00 and G. L. Contracting, Inc., at $7,900.50 against Engineer's estimate of $9,467.92. recommended low bidder was seconded by Councilwoman Schmidt. Mr. Hyde presented tabulation of Tabulation Councilman Courtney's mocioil for award to ' Ayes: Courtney, Richards, Schmidt., Shaw, Van Valkenburg Nays: None Mot ion carried. EDINA FIRE DEPARTMENT THANKED FOR ASSISTANCE TO ST. LOUIS PARK. attention was called to a letter from the Mayor of St. Louis Park expressing his appreciation for the assistance given by the Edina Fire Department in fighting a fire in St. Louis Park on May 11, 1977. No formal action was taken. AMUNDSON AVE./DELANEY BLVD. STREET IMPROVEMENTS HEARING DATE CHANGE DENIED. Council was advised 0f.a letter signed by owners of four properties requesting that the hearing date of August I, 1977, for Street.1mprovements Nos. C-124, C-126, BA-226 and BA-227 be changed to a date in September, 1977. Shawls motion that the request be denied and that the petitioners be so advise'd was seconded by Councilwoman Schmidt. Council's Councilman Ayes: Courtney, Itichards, Schmidt, Shaw, Van Valkenburg Nays: None .. Motion carried. I Qb m TRAFFIC SAFETY COMMITTEE MINUTES OF JUNE 14, 1977 APPROVED. motion 1977, be accepted and that the following action be approved was seconded by Councilwoman Schmidt: Councilman Courtney's that Sections B and C of the Traffic Safety Committee Minutes of June 14, That a CURVE sign be installed near Radisson South driveway and that a letter be sent to Radisson South requesting correction of their driveway layout. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. for Eastbound Edina Industrial Blvd. traffic a METROPOLITAN AREA ASSESSING INEQUITIES DISCUSSED. Council's attention was called . to a letter which Mr. Hyde had sent to other Hennepin County City Managers requesting their suggestions as to how to proceed to correct the inequities in property assessing practices in the metropolitan area. Mr- HYde said that he * had received a good reception to the letter and that he will bring the matter . up at the next meeting of City Managers on June 30. No formal action was taken. LOW AND MODERATE INCOME HOUSING PM PREPARATION AUTHORIZED- l4r. Hughes advised Council that some rime ago, Ryan Construction Company obtained preliminary approval from the 'Minnesota Housing Finance Agency for the construction of 80 sub- sidized family townhouse units which are proposed for a ten acre tract of land in the Northeast quadrant of York Ave. and W. 76th Street and has requested that the City of Edina participate in the project by "writing down" the cost of on which the project is proposed to be located. He said that such "write down" is necessary to provide rental costs which are below the maximum level required for low and moderate income housing. Mr. Hughes recalled that the City's Housing Assistance Plan identifies the 76th and York location as an area suitable for the construction of low and moderate income housing and notes that this area could be established as a tax increment financing district. Mr. Hughes said that, pursuant to Council's request of June 13, 1977, the staff has prepared three generalized alternatives for a tax increment district as follows: Alternative 1 - 80 unit family project, sidewalk along York Ave., traffic signals at 76th and York for a cost of $354,000 which would be paid by 1981. Alternative 2 - 80 unit family project, a 50 unit family project, a 100 unit eld- erly project, 10 acre owned site (assume no tax revenue), sidewalk along York . Ave., traffic signals at 76th and York, assessment relief for York,Ave. properties, and improvement of York Park for a cost of $1,000,000 to be paid by 1982. Alternative 3 -.80 unit family project, a 50 unit family project, 100 unit elderly project, 10 acre non-park public property, 100 acres partial control, sidewalk along York Ave., traffic signals at 76th and York, assessment relief for York Ave. improvements, Parklawn Ave. extended, France Ave. land use control, improve- ment of France Av2. signalization and acquisition and development of a park at 76th and Parklawn Ave. for a cost between $1,600,000 and $3,000,000 to be paid between 1982 and 198.9 depending on tax exempt land. Mr. Hughes said that the staff has no recommendation at this time .and requested direction of the Council as to 1) which tax increment financing district alternative should be pursued, if any; 2) should the staff. proceed with plan preparation for a particular alternative; 3) should the B.R.A. be involved with this program or wi13 the Council assume responsibilities of the H.R.A. prior to the formal establishment of the district. Mr. Hughes advised that Ryan Construction Company.ba6.retained Professional Man- agerrient Services, Inc., represented by Mr. Greg Luce, to assist in the preparation the land 6/20/77 of the tax increment district and have authorized Mr. Luce to prepare and/or assist with the preparation of plans and documents necessary to establish the district. He said that costs to the City at this time would primaFily .include' legal services and p-rinting costs. Councilwoman Schmidt expressed concern that future legislation might jeopardize newly established tax increment districts. Mr. Hyde referred to a study made by the-Minnesota Chapter of National Associ-' ation of Housing and Redevelopment which indicated that any such legislation could not he retroactive. field School District and that the Richfield School Board had no objections to the. project. agahst the property in question and that the City has already paid the property owner $80,000 for tha right-of-way .for the road, which amounts to approximately $39,000 per acre. erty is not worth more than $12,000 per acre for tax.purposes. Courtney then moved, as recommended by Mayor Van Valkenburg, that the City Council direct the H.R.A; to.proceed with the preparation of the tax increment plan as out- lined in Alternate 3. Mr. Luce said that the area in question is in the Rich- Mr. Dunn recalled that there is a $100,000 street assessment levied -.I He recalled also that the owners had declared that the prd- Councilman Motion was seconded by Councilman Shaw. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: Schmidt Hotion carried. Councilwoman Schmidt said that she would favor the plan in general, but reiter- ated her concern about possible legislation. CITY HALL PARKING LOT plans were continued to June 11, 1977, by motion of Council- man Richards, seconded by Councilwoman Schmidt. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. POLICE DEPARTMENT LABOR NEGOTIATIONS DISCUSSED. Councilman Courtney's motion was seconded by Councilwomk Schmidt, authorizing the City Manager to serve as.its representative in police negotiations with the International Brotherhood of Team- sters and the Metropolitan Area Management Assocfation. Ayes : Nays: None Motion,carried. .. Courtney, Richards ,, Schmidt ,, Shaw, Van Valkenburg * APPOINTNEXT OF BOARDS AND COMMISSIONS CONTINUED. It was informally decided to continue appointment of board and commission members to July 11, 1977. .. SALLY 'IIEMMERLEY NOTICE OF CLAIM NOTED. Council was advised of a notice of claim received relative to an accident in which Sally Hemmerley allegedly fell on the curb area leading from the driveway of Twin City Federal Savings & Loan on May 9, 1977. The matter has been referred to the insurance company and to the City Attorney.' No action was taken. COMkKlNITY HEALTH SERVICES ACT APPROVED. Council's attention was called to a memo from Ms. Arlin Maelti advising that the appointment of two or more consumer mem- bers to the Edina Advisory Health Board was.required in order to be in compliance with the Cornunity Health Services Act. Ms. Waelti also advised. that the Council is required to submit a resolution apprdving Community Health Services in the City and further advised that it is necessary to adopt a resolution establishing the Council as a City Board of Health. Towing resolutions and moved'their adoption: Councilman Shaw thereupon offered the fol- RESOLUTION WHEREAS, the City of Edina has maintained an active Health Department; and WHEREAS, it is necessary for a City Board of Health to be formed to enable the City of Edina to receive their full entitlements from the Community Health Services subsidy funds; and WHEREAS, M. S. Laws for Minnesota for 1976, Chapter 9 (the Community Health Services Act, 1976) allows the City Council to exercise authority to establish themselves as a City Board of Health; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council assume the powers and duties of the Edina Board of Health pursuant to Laws of Minnesota for 1976. I ' RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN APPLICATION FOR THE COIGlUNI~ \?HEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health of the City of Edina; and HEALTH FERVICES ACT 'SUBSIDY .. 6/ 20/77 WHEREAS, the City Council is conmitted to promote, support, and maintain the health of the entire community at the hlghest level; and WHEREAS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; aad WHEREAS, a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Ser- vices; and WHEREAS, the Advisory Board of Health of the City of Edina has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council has. reviewed this selfsame plan and finds it consistent with the needs and priorities of the dommunity as determined by the Advisory Board of Health and as expressed by the citizens of Edina; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina in reg- , ular meeting assembled, that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for . the Community Health Services Act subsidy. Motion for adoption of the two foregoing resolutions was seconded by Councilman Courtney. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolutions adopted. WATER SAMPLES TO BE SUBMITTED MONTHLY TO STATE. Mr:Esse advised Council that new rules of the Minnesota Department of Health now requ'ire that all community water suppliers submit monthly water samples to an approved laboratory for bacteriological analysis.to the Minnesota Department of Health. are to be collected from the Morningside area and 44 samples from the remainder of the City. Testing will be done in the Tri-City Lab. The City is presently testing a total of thirty samples. Two samples No action was taken. LOT 1, BLOCK 1, LAKE EDINA VILLAGE REPLAT TERMS FOR CONTRACT FOR DEED*REVISED. Mr. Dalen advised Council that Mr. Gary G. Halverson who purchased.Lot 1, Block 1, Lake Edina Village Replat is a carpenter and wants to build his house him- self. so that he can start his building before the contract is paid in full. man Richards moved that the terms of the contract for deed be revised as follows: Item 4. Mr. Halverson has requested that the terms of the contract be revised Council- The party of the second part shall furnish to the party of the first . part lien waivers and/or receipts for all materials, services, and labor brought to said property by party of the second part. Notwithstanding anything herein to the contrary, the vendee's interest herein cannot be assigned or transferred; and in event vendee makes application for mortgage financing on said premises, the full amount due hereunder at the time shall be paid in full if such event shall occur prior to April 15, 1980. Item 5. Motion was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EDINA NEWS LETTER TO.BE SENT OUT. In response to a question of Mr, Hyde, the Council generally agreed that a news letter should be sent out to all residents in the near future. No formal action was taken. DUTCH ELM DISEASE REFUND POLICY ADOPTED. Council's attention was called to a memorandum from Mr. Rosland which stated that the City has identified 213 cases I of Dutch Elm Disease on private property and some 200 cases on public and boulevard properties, with a. good share of the public property cases being along Nine Mile Creek in the Londonderry Townhouse area. He explained that the State subsidy is based on a 45% return to the City of the total they spend on control of the disease. upon 45% of whatever the City will pay to the homeowner. that the City adopt the policy of refunding 50% of the cost of a prl ivate tree takedown. the cost to the City would be $55.00. Councilwoman Schmidt's motion that the policy recommended by Nr. Rosland be adopted, with the understanding that there be a $200 maximum cost OT rrrcoval per tree, was seanded by Ccuncilman Courtney. The subsidy for the private homeowner from the State is based Mr. Rosland recommended He used the example that if the cost of removing a tree was $200, Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Abstaining: Motion carried. Shaw, inasmuch as he has a tree with Dutch Elm Disease in his yard. 6/20/77 a i j AQUATIC WEED PROBLEMS NOTED. for permits to treat weeds in City ponds, but that the State is STOW in sending out the permits. SALE OF PROPERTY TO OUR LADY OF GRACE CHURCH Mr. Hyde advised Council that he had received letters from Mr, Kenneth Wanner of the Nimesota Wanner Compazly' and from Attorney Richard E. Olson concerning the interest of the Mime- sota Wanner Company in bidding on prop6rty owned by the City between the Wanner Company property and Our Lady of Grace Church. Ee recalled that the only reason the City is selling the property to tfie church is for the purpose of providing a more aesthetically pl.eesing appearance'to the area and pointed out that the City does not want additional commercial and industrial usages in this area.. Mr. Hyde said that he had advised Mr. Wanner that the City is not legally required to take bids to sell land and that the deed from the City to the Church provides that the property is to be devoted only to church purposes and that if the property ever ceases to be so used, the Church must offer the property to the City for the amount being paid by the church. Councilman Shaw thereupon offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby authorize and direct the Mayor and City Clerk to enter into Purchase Agreement with the Church of Our Lady Grace in Edina, a parish corporation, for the sale of the following described property for a cost of $22,500.00: Mr. Hyde advised Council that the City has applied No action was taken, RESOLUTION All that part of Government Lot Eight (8), in Section Twenty-Eight (28), Township One Hundred Seventeen (117) North, Range. Tweaty-One (21) West, of the Fifth Principal Meridian, according to the Government-Survey thereof, bounded and described as follows: Commencing at the point where the Easterly line of the right of way of the Minneapolis, North- field and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet southerly at right angles from the center line of the Eden Prairie Road, so-called, as 'laid out and located through said Section, which point is hsreinafter designated as Point "A", and running thence North Sixty-seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty-seven (47) minutes, with sa23 right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty-three (33) minutes East 408;5 feet to a point which is the actual place of beginning of the land hereby conveyed. Thence from said actual place of beginning South two (2) degrees, thirty- three (33) minutes East 340 feet; thence South Eighty-nine (89) degrees, Thirty-eight (38) minutes west 193.2 feet to said Easterly line of right of way; thence Northerly 340 feet along said right of way line to a point 363.7 soiltherly from said Point "A", measured along said right of way line; thence Northeasterly at an angle of Nine-four (94) degrees, Forty- eight (48) minutes with said right of way line a distance of 154.3 feet to the actual place of beginning, And also the following Two (2) Easements for road purposes over and across the following described land situated in said Hennepin CoiuZty and de- scribed as "All that part of Government Lot Eight (8), in Section Twenty- Eight (28), Township One Hundred Seventeen (117) North, Range Twenty-one (21) West, of the Fifth Principal Meridian according to the Government Survey thereof, bounded and described as follows: point where the Easterly line of the right of way of the Minneapolis, Northfield and Southern Railway as located and constructed across said section is intersected by a line parallel with and forty (40) feet south- erly at right angles from the Center line of the Eden Prairie Road, so- called, as laid out and located through said Section, which point is herein- after designated as Point "A", and running thence North Sixty-seven degrees, two (2) minutes East, along said parallel line and at an angle of One Hundred Sixteen (116) degrees, forty-seven (47) minutes, with said right of way line, a distance of One Hundred Twenty (120) feet, thence South two (2) degrees, thirty-three (33)fminutes East 408.5 .feet. Thence West 154.3 feet to said Easterly line of railway right of way at a point 363.7 feet southerly from said Point "A", measured along said right of way line, thence north along said Easterly line of railway right of way to the place of beginning, line and the center line of said road, subject to EaselrlPn.ts for road purposes; to-wit: * Commencing at the I Also the forty (40) foot strip lying between said parallel 6/20/77 199. A strip of land twelve (12) feet wide running northerly from the North line of the land hereby conveyed through or near the center of the land last a3ove described, to said Eden Prairie Road, also known as Eden Avenue. And a strip of land Seven'(7) feet wide along the Easterly line of the-land last described from the North line of the land herein conveyed, to said Eden Prairie Road., It is agreed that the Easement first above described shall be in force and effect only until the land described in the second Easement above de- scribed shall be fully opened up, graded and made passable as a road for ingress and egress from the land herein conveyed to said Eden Avenue. And also the Easements for'road purposes contained in the deed recorded in Book 1143 of Deeds, Page 184, in the office of the Register of Deeds for said county. Motion for adoption of the resolution was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None i Resolution adopted. PRIVATE PARAMEDIC SERVICE PARTICIPATION DISCUSSED. Chief Buresh had met with the staff of Fairview Southdale Hospital, Methodist Hospital and Smith Ambulance and they are still asking 38c per capita for the balance of this year, starting immediately, for their private paramedic ambu- lance service. Mr. Hyde advised that he and No action was taken. ORDINANCE NO. 101-A1 CONTINUED TO JULY 11, 1977. It was informally agreed to continue First Reading of Ordinance No. 101-A1 in regard to the order of busi- ness for Council Meetings to July 11, 1977. ORDINANCE NO. 311-A9 GRANTED FIRST READING. Mr. and Mrs. . Lundgren, 5828 Olinger Blvd., were present'to object about the unsanitary condition of a dog enclosure next to their home at 5824 Olinger Blvd. ance No. 311-A9 for First Reading which, he said, resulted from the numerous complaints that have been received about the placement and maintenance of dog enclosures. He listed five locations which are presently 2x1 an unsanitary con- dition and advised that such enciosures place an unreasonable burden on adjoining property opmers. He reqiiested that the ordinance amendrnezlt be retro-. active so that it will not be necessary to determine whether a non-complying enclosure was constructed prior to the adoption of this amendment. In response to Councilman Richards' concern that dog owners should have a grace period since this ordinance would necessitate making a co,nsiderable expenditure, Mrs. Lund- gren said that the health of her..familyis more important than the cost to her neighbor fcr moving his enclosure. Councilwoman Schmidt thereupon offered the following ordinance for First Reading: Mr. Velde presented Ordin- ORDINANCE NO. 311-A9 AH ORDINANCE AMENDING ORDINANCE NO. 311 PROVIDING FOR DOG ENCLOSURES, THE PICKETING OF DOGS, AND . SANITATION OF DOG'ENCLOSURES AND PICKETING AREAS 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 having 11 an area less than 1500 square feet. "Rear yard" shall have the meaning as defined in Ordinance ho. 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, both existing and hereafter constructed, shall be placed in the rear yard no closer than 20 feet from any property line. The area must be screened from view of adjacent property by dense vegeta- tion or fencing of 90 percent opacity. yard may be enclosed for the purpose of keeping the dog. noise or odor to adjacent property. area closer than 20 feet of a property line. "(g) The owner shall regularly clean yards, dog enclosures, both existing and hereafter conscractcd, and areas in which Gogs are picketed, and shall not permit feces, food scraps, or other odiferous materials to remain for more than 24 hours. . In the alternative, the entire rear (f) No dog shall be picketed in such a manner as to create a nuisance by I1 No dog shall be picketed to occupy the 6120177 Sec. 3. This ordinance shall be in full force and effect upon its passage .. and publication. I .? Councilman Richards again expressed his opposition to the ordinanci?, stating tEat -' people should solve their own problems inasmuch as they have a legal recourse. He added that such ordinances tend to create more bureaucracy in government. TESTING EQUIPMENT TO BE PURCHASED FOR HEALTH LAB. to a memo from the Director of the Tri-City Public Health Laboratory advising that a new meter is needed to meet Environmental Protection Agency standards for analysis of flouride under the new Federal and State drinking water stanCards which go into effect July I, 1977. * Councilman by Councilman Shaw authorizing pyrchase of an Orion IC901.because of its reliabi- lity, accuracy, versatility and labor savings from Fisher Scientific Company for a total cost of $1,601.95. The bid of Curtin Matheson Scientific, Inc., for the same items was $1,930.00. Council's attention was7called Courtney's motion was seconded Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried. . Nays: None BIDS TO BE TAKEN FOR SIDEWALK IMPROVEMENTS S-21 ANI S-22. Dunn, Councilman Richards offered the following resolution and moved its adoption: As recommended by-Mr, RESOLUTION APPROVING PLANS AND SPECIFICATIONS ' FOR PROPOSED IEPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR SIDEWALK IMPROVEEENTS NOS. S-21 AND S-22 BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. letin the following notice for bids for improvements: The plans and specifications for the proposed improvements set forth in <. . . The Clerk shall cause to be published in the Edina Sun and Construction Bul- ' (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 . I ADVERTISEMENT FOR BIDS -CONTRACT NO. 77-7 (ENG) SIDEWALK I2.IPROVEMENTS NOS. S-21 AND S-22 - - BIDS CLOSE JULY 15, 1977.i SEALED BIDS will be received and opened in the Council Chambers in the Edina City - Hall, 4801W. 50th St., at 11:OO a.m., Friday, July 15, 1977, and the Edina City Council will meet at 7:OO p.m., Monday, July 18, 1977, to consider said bids for the construction of concrete sidewalk, quantities of major items: The following are approximate IMPROVEMENT NOS. S-21 AND S-22 14,600 S/F, 4" thick Concrete Walk 1,565 S/F, 6" thick Concrete Walk 2,590 S/Y, Sod 1,225 S/F, Lannon Stone Drywall 352 S/Y, 6" thick Concrete Driveway Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids should be addressed to the City Engineer, City of . Edina, 4801 W. 50th St., Edina, Minnesota 55424, and may be mailed or submitted personally to the City Engineer. Bids received by the City Engineer, either through the mail or.by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifi- cations on file in the office of the City Clerk. available for a deposit of $10.00 (by check).+ Said deposit to be returned upon return of the plans and specifications with a bona fide bid. considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10 percent)of amount of base bid. The City Council reserves the right to reject any or all bids. .BY ORDER OF THE EDINA CITY COUNCIL. Plans and specifications are No bids will be 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. . *- 5/20/77 I I i 281' IIEAJXING DATE SET FOR NUMEROUS ASSESSMENT HEARINGS. Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR As recommended by Mr, Dalen, SANITARY SEWEK IMPROVEMENTS NOS. SS-307, SS-317-A, SS-326, SS-327, SS-328, SS-330; SS-331 AND SS-336, TJATERMAIN IMPROVEMENTS NOS. FM-281, FM-297, WM-301, WM-302, WM-303 AND WM-312 STORM SEWER IMPRGVEXENTS NOS. ST 3-146, ST S-147 AND ST S-148 STmEET IMPROVEMENTS NOS, C-118, C-120, C-121 AND BA-213 ORNAMENTAL STREET LIGHTING IIPROVEMENT L-16 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth ih the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. This Council shall meet at the time and place specified in the Notice of Hearing forms hereinafter contained, to pass upqn said proposed assessments and the Clerk's action in publishing notices of said hearings in the official newspaper in accordance with law is hereby approved; Notices being as follows: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC I '2. a rn' P- e HEARING FOR ASSESSMENTS . WATERMAIN IMPROVEMENTS NOS. 281, 297, 301, 302, 303 AND 312 STOm SEWER.IMPROVEMENTS NOS. 146, 147 AND 148 STREET IMPROVEMENT NO. BA-213 a SANITARY SEWER IMPROVEMENTS NOS. 307, 317-A, 326, 327, 328, 330, 331, 336 GRADING & GRAVELING IMPROVEMENTS NOS. C-118, (2-120 AND C-121 ORNAMENTAL STREET LIGHTING NO. L-16 EDINA CITY COUNCIL will meet at'the City Hall, 4801 W. 50th Street, Edina, Minne- sota, on Monday, July 18, 1977, at 7:OO p.m. to hear and pass upon all objections, if any, to the following proposed assessments. file in the office ofathe Edina City Clerk and open to public inspection. Assessments on the following will be payable in ten equal installments over a period of ten (10) years with interest OR the entire assessment at the rate of 5% per annum from the date of the resolution levying the Assessment to December 31, 1978: 1. CONSTRUCTION OF SANITARY SEWER NO. 307 These assessments are now on West Frontage Road T.H. 100 from Normandale Court to 360' South The area proposed to be assessed includes Tract C, Registered Land Survey #294, after highway taking Easement line from Lot 5, Block 1, Whiteman Addition to South of cul-de-sac on West Highwood Drive The area proposed to be assessed includes Section 29, Township 117, Range 21, Plat 73729, Parcel 4000, and Whiternan Addn., Lot 7, B1. 1 & Lots 2 thru 4, B1. 2. Easement line from W. 74th Street.to W. 75th Street between Xerxes Avenue and York Terrace The area proposed to be assessed includes York Hills Addition, Lots 7 thru 13. 4. CONSTRUCTION OF SANITARY SEWER NO. 336 Deer Run Addition, Lot 2, Block 1 The area proposed to be assessed includes Deer Run, Lot 2, Block 1 5. CONSTRUCTION OF WATERMAIN NO. 281 West Frontage Road of T.R. 100 from Normandale Court to 470' South The area proposed to be assessed includes Registered Land Survey #294, Tract C, after highway taking. 6. CONSTRUCTION OF WATERMAIN NO. 301 Easement line West 75th and West 74th Streets from York Ave. to York Terrace; York Terrace from W. 74th Street to W. 75th Street. 10, 11, 12 and. 13. 7 7. CONSTRUCTION OF WATERMAIN NO. 312 Deer Run Addition, Lot 2, Block 1 The area proposed to be assessed includes Deer Xun, Xerxes Ave. from W. 66th St. to Washburn Circle The area proposed to be assessed includes Lyndale Builders Addition, Lots 1 thru 5; Meadow 2. CONSTRUCTION OF SANITARY SEWER NO. 517-A 3. CONSTRUCTION OF SANITARY SEWER NO. 330 The area proposed .to be assessed includes York Hills Addition, Lots 7, 8, 9, -7 Lot 2, Block 1, 8. CONSTRUCTION OF STREET IbPRClI'EMENT NO. BA-213 La. 2nd Acldition, Lots 1 thru 10, B1. I, R.L.S. 11629, A 6/20/77 Tract B, Parcel 0810; Tract F, Parcels 3610, 3630;3650 and 3670; Tract M,- Parcels 6410 and 6450; York Hills, Lots 1 thru 6; Yorlc Terrace, Lots 1 thru 5, Block I; Lots 1 thru 8, Block 2; Yorktownt Lot 1, Block 4,) and Ontlots C and D; 202 Section 32, Township 28, Range 24, Parcels 0425, 5610 and 7610. Assessments on the following will be payable in three equal installments over a period of three (3) years with interest on the entrre assessment at the rate of 5% per annum from the date of the, resolution levying the assessment to December 31, 1978. i 9, CONSTBUGTION=' OF SANITARY. SEWER NO. 326 Oak Lane from Grove St. South to cul-de-sac Block 1 and Lots 3 and 4, Block 2. Blake Road from 250 feet North of the South line of Brownswood Addition to 319 feet North The area proposed to be assessed includes Registered Land Survey f1404, Tract A and Tract B, Lots 1 and 2, B1. 1, Whiteman's Addition. 11. CONSTRUCTION OF SANITARY SEWER NO. 328 Whitman Addition, Lot 6, Block 1 The area proposed to be assessed includes Whiteman Addition, Lot 6, Block 1. Malibu Drive in Edina Green Addition The area proposed to be assessed includes Edina Green, Lots 1 thru 12, Block '1; Lots 1 thru 4, Block 2; Lot 1, Block 3; and Outlot A. Oak Lane from Grove Street South to cul-de-sac Block 1 and Lots 3 and 4, Block 2. West Highwood Drive from Blake Road to cul-de-sac at existing West Highwood Drive 500 feet -l- North of Pine. Gfove Road * The area proposcd to be assessed includes Lots 3, 4, 5 and 6, Block 1 and Lot 1, Block' 2, Whiteman's Addition Malibu Drive, Lincoln Drive and easements in Edina Green Addition The area proposed to be assessed includes Edina Green, Lots 1 thru 12, Block 1; Lots 1 thru 4, Block 2; Lot 1, Block 3, and Outlot A. I *The area proposed to be assessed includes Warden Acres'Austin Replat, Lot 2, 1'0. CONSTRUCTION OF SANITARY SEWER NO. 327 12. CONSTRUCTION OF SANITARY SEWER NO. 331 13. COESTRUCTION OF WATERMAIN NO. 297 t . The area proposed to be assessed includes Warden Acres Austin Replat, Lot , 14. CONSTRUCTION OF WATERMAIN NO. 302 15. CONSTRUCTION OF WATERMAIN NO. 303 ' I 16. CONSTRUCTION OF STOBI SEIm NO. 146 * Oak Lane from Grove Street South to cul-de-sac The area proposed to be assessed includes Warden Acres Austin Replat, Lots 1 and 2, Block I, and Lots 3 and 4, Block 2. West Highwood Drive from 269 feet East of Blake Road to Mirror Lake The area proposed to be assessed includes Whiteman Addition, Lots 1 thru 7, Block 1; and lots 1 thru 6, Block 2. Malibu Drive and easements in Edina Green Addition The area proposed to be assessed includes Edina Green Addition, Lots 1 thru 12, Block 1; Lots 1 thru 4, Block 2; Lot 1, Block 3, and Outlot A. Oak Lane from Grove Street South to cul-de-sac The area proposed to be assessed includes Warden Acres Austin Replat, Lots 1 and 2, Block 1, and Lots 3 and 4, Block 2. West Highwood Drive from Blake Road East to cul-de-sac The area proposed to be assessed' includes Whiteman Addition, Lots 2 thru 6, Block 1. Malibu Drive in Edina Green Addition The area proposed to be assessed includes Edina Green Addition, Lots' 1 thru 12, Block 1 and Lots 1 thru 4, Block 2. 17, CONSTRUCTION OF STORM SEWER NO. 147 18, CONSTRUCTION'OF STORM SEWER NO. 148 . 19. CONSTRUCTION OF STREET IMPROVEMENT NO. C-118 20. CONSTRUCTION OF STREET IMPROVEMENT NO. C-120 21- CONSTRUCTION OF STREET IMPROVEMENT NO. C-121 I . Assessments on the following will be payable in one (1) installment with interest on the entire assessment at the rate of 5% per annum from the date of resolution levying the assessment to-tecember 31, 1978. 22. CONSTRUCTION OF ORNAMENTAL STREET LIGHT NO. L-16 . - Clover Ridge The area proposed to be assessed includes Clover Lane Third Addition, Lots 3 and 4, Block 1, and Lots 1. and 2, Block 2. To each subsequent iilstallment will be added interest First payment of these assessments will be payable with the taxes for the year 1977, collectible in 1978. at the same rate for one year on all unpaid installments. property assessed for the above improvements may pay the whole of the assess- ment without interest to the City Treasurer on or before November 15, 1977, or The owner of the 6/20/77 make payment with accrued interest to the County Treasurer, Any owner may appeal the assessment to the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of Edina within twenty (20) days after the adoption of the assessment by the City Council, and by filing such notice with the District Court within ten (10) days a.fter service upon the Mayor or Clerk. Pursuant to Minnesota Statutes, the City of Edina has adopted standards and guidelines for deferring special assessments against homestead property owned by persons 65 years of age or older for whom payment would be a hardship. To obtain deferment, .application must be filed with the City Assessor's office by the close of business on the last business day before the City Council meeting set out in the first paragraph of this notice. application forms, please call or visit the City Assessor's office. BY OFDER OF THE CITY COUNCIL. Florence B. Hallberg City Clerk For further information and Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PORTION OF MALIBU DRIVE VACATED. that the plat of Interlachen Hills 3rd Addition cannot be filed until an easement for public road purposes which lies between the South cul-de-sac of Lincoln Drive and.the North cul-de-sac of Malibu Drive is vacated. Mrs. Helen McClelland, 5717 Continental Drive, expressed her concern about the Northerly access to the Parkwood Knolls area. Councilwoman Schmidt thereupon offered the following resolution and moved its adoption: WEREAS, the record owner of that part of the West half of the Southwest Quarter of Section 30, Township 117, Range 21, lying West of the East 400.10 feet thereof, and lying South of the North line of Interlachen Hills and the same extended East; except that part thereof embraced within the plat of Interlachen Mills has requested the vacation of the following described Easement for Public Road Purposes; and WHEREAS, the City Council deems it to be in the best interest of the City and of the publlc that said Easement for Public Road Purposes be vacated; NQW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described Easement for Public Road Pur- poses be and is hereby vacated effective June 20, 1977: Mr. Hughes stated that the City has been advised RESOLUTION A sixty foot (60') strip of land in the Southwest 1/4 of Section ' 30, Township 177, Range 21, the center line of which is described as follows : . Beginning at a point in the South line of the Southwest 1/4 of Said Section 30, distant one hundred eighty-five feet (185' ) West of i3e Scuthwest corner of Parkwood Knolls 15th Addition; thence North parallel with the West line of said Addition one thoussnd fifty-six and five hw-drcdths feet (1056.05') ; thence Northmsterly two hundred seventy-eight and sixty-five hundredths feet (278.65') along a tmgential curve to the left, having a radius of three hu-n-dred sixty and thirty-nine hundredths feet (360.39'); thence Northerly +hree hundred thirty-four and eighty-one hundredths feet (334.81') along a reverse curve, having a radius of three hundred four and fifty-nine hundredths feet (304.53'); thence Northeasterly along a line tangent to last described curve and along the center line of Lincoln Drive as platted in InterLachen Hills, a distance of one hundred feet (100') and there terminating. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Shaw for payment of the following claims as per pre-list: Park Fund, $8,540.44; Park Construction, $7,956.00; Swimming Pool, $1,709.85; Golf Course, $10,182.20; Recreation Center, $5,27C.03; Gun Range Fund, $111.91; Water Fund, $30,222.03; Sewer Fund, $74,806.70; Liquor Fund', $195,763.41; Con- struction, $283,394.96; Total, $696,626.76. General Fund, $78,661.23; 6/20/ 77 204 Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None &tion carried. k -1 - *- Council's agenda having been covered, Councilman Shaw's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 11:35 p.m. .