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HomeMy WebLinkAbout19771121_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY IIALL NOVEMBER 21, 1977 a 0 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of October 17, 1977, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MALIBU DRIVE IN INTERLACHEN HILLS 3RD ADDITION IMPROVEMENT HEARINGS CONDUCTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded. I A. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-346 IN THE FOLLOWING: Malibu Drive iii Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition lialibu Drive in Interlachen Hills 3rd Addition B. CONSTRUCTION OF WATEWAIN IMPROVEHENT NO, P-WM-330 IN THE FOLLOWING: C. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. P-ST.S-158 IN THE FOLLOWING: D. CONSTRUCTION OFPEP-ENT STUET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-231 IN THE FOLLOWING: Malibu Drive in Interlachen Hills 3rd Addition. All improvements affecting the same properties, public hearings were coiiducted for all improvements concurrently. truction cost for Sanitary Sewer No. P-SS-346 at $14,204.85, proposed to be assessed over a three year period in accordance with the terms and conditions of a Developer's agreement along with Watermain Improvement No. P-WM-330 estimated to cost $11.931.36 and Storn Sewer Improvement No. P-ST.S-158, total cost of which is estimated at $9,491.66. Permanent Street Surfacing and Concrete Curb and Gutter is proposed to be assessed over a ten year period as a Plan C Improvement. =:is given at $710.24, for lqatermain Improvement No. P-WM-330, $596.57, for Storm Sewer Improvement No. P-ST.S-158 estimated unit cost was given at $632.78 and for Street Improvement No. P-BA-231, estimated unit cost was given at $2,330.43. Explaining that bids for the improvements had been opened on Nov- ember 19, 1977, Xr. Dunn presented tabulation of four bidders showing G. L. Con- tracting, Inc., at $47,332.70, Peter Lametti Construction Co., at $47,836.10, Q.X.S. Construction, Inc., at $50,042.00, and Orfei & Sons, Inc., high bidder at $51,404.21. bid of G. L. Contracting, Inc., while,low in total, was higher than tyo other bids for the Sanitary Sewer and suggested that the award be'divided so that the low bid could be taken for each portion of the project. the bids were tied and that they were based on the total bid. if Mr. Kenneth was not satisfied, these improvements could be abandoned and Mr. Kenneth could contract for the work himself. Mr. Kenneth said that these bids should be awarded but that in the future, bids should be taken for each separate eprovement. its adoption: ~ Mr. Dunn presented total estimated cons- -Estimated unit cost for Sanitary Sewer Inprovement No. P-SS-346 Mr. Wallace Kenneth, the developer, questioned the fact that the Mr. Dunn explained that He suggested that Councilman Courtney then offered the following resolution and moved RESOLUTION ORDERING IMPROVEMENTS BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearings to be duly published and mailed to owners of each parcel within the area proposed to be assessed 02 the following proposed improvements: 1. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-346 IN THE FOLLOWING: Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition 2. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WM-330 IN THE FOLLOWIKG: 3. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. P-ST.S-158 IN THE FOLLOWING: 4. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB ANII GUTTER IMPROVEMENT NO. P-BA-231 IN THE FOLLOWING: Ndlibu Drive 5.n Interlachen Hills 3rd Addition and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the construction of said improvenents including all proceedings which may be necessary in eminent domain for the acquj-sition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in.all subsequent proceedinw as follows: r 11/21/77 .. No. 1 Above SANITARY. SE\4ER IIIPROVEkIENT NO SS-346 No, 2 Above WATERMAIN IEE'ROVEMENT NO. WM-330 No. 3 Above STORE SEWER IMPROVEMENT NO. ST. S-€58 No. 4 Above PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IEIPROVEMENT NO. BA-231 znd the area to be specially assessed for all of the above improvements therefor shall include Lots 13 through 27, Block 1, Interlachen Hills 3rd Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: Richards Resolution adopted. Councilman Courtney then moved that the bid for the improvements be awarded to recommended low bidder, G. L, Contracting, Inc. Motion was seconded by Councilmsn Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . C-1 ZONING DENID FOR NORTHWEST QUADRANT OF FRANCE AVE. AT N. 76TH STREET. Mr. Hughes recalled that the request of Rauenhorst Corporation for a zoning change from PID Planned Industrial District to C-1 Commercial District for property located on the Northwest quadrant of France Ave. at FJ. 76th St. had been con- tinued to this meeting from September 12, 1977, so that the Planning Commission could have zizl opportunity to study potential use and conditions of special use permits €or uses other than industrial in the Planned Industrial Dkstrict and also explore the Fossibile expansion of permitted uses within the Planned Industrial District. Mr. Hughes presented 'a memorandum which analyzed the special use permit system. He advised that this memorandum, together with a memorandurn submitted-by Mr. Peter Jarvis of Bather, Ringrose, Wolsfeld, Jarvi.s and Gardner, Inc., had been reviewed by the Planning Commission 2nd that the Comission had recommended that the zoning ordinance not be amended to provide for special use permits in the Planried Industrial District. The Plianning Com- mission had also recommended that the zoning ordinance not be amended to provide additional principal uses in the Planned Industrial District. In response to questions of Mr. Jarvis, Councilman Richards recalled Council's concern abcut strip zoning for restaurants, adding that the entire industrial area is invo3.ved and not just this particular site, He also mentioned his concern that a restzur- ant at this location would compound the traffic problem in the area. Councilman Courtney spoke in favor of a conditional use pzogram, stating that it would add considergble flexibility and that this technique could be a valuable zoning procedure. mits would only crna'te arbitrary problems. whether or not C-1 zoning should be granted and recalled Ghat the Planning Com- mission has recommended that it be denied. Considerable discussion ensued, fol- lowing which Councilman Shaw moved that the zoning change be denied based on t5e reasons given by the Planning Commission at the Council Meeting of August 15, 1977, as folfows: 1) the request is inconsistent and not in conformance. with the South Edina Plan; 2) the requested C-1 zoniag provides no assurances that the property will be used only for restaurant purposes and allowable C-1 uses would be undesirable from a land use and traffic standpoint; 3) adequate sanitary smer capacity is not available for the proposed land use; and 4) the requested rezoning would set a precedent for strip commercial development on vacant land abutting France Ave. which precedent would not be in conformance with the concepts of the South Edina Plan. Schmidt. I Mayor Van Valkenburg expressed his concern that conditional use per- He said that the basic.questioc is. Motion was seconded by Councilwoman Ayes: Richards, Schmidt, Shaw, Vzn Valkenburg Nzys: Courtney Motion carried. I NOIiMANDALE PARK ADDITION PRELIMINARY PLAT APPROVAL DENIED. Based on action taken by Council denying the request for C-1 Commercial District zoning for property located on the Northwest quadrant of France Ave. at W. 76th Street, Councilman Shaw's motion that preliminary plat be denied for Nomndale Park was seconded by Councilwoman Schmidt. . Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: Courtney Motion .carried. SENIOR CITIZEN RESIDENCE DISTRICT ORDINANCE AMENDMENT 811-A106 ADOPTED. Affl- davits of Notice were presented by Clerk, approved as to form and ordered placed on file. Nr. Hughes Presented Ordinance No. 811-A106, advising that Rainbow Management Division had no objection to the ordinance and recommended that Second Reading be waived. CouncSmaii Shaw thereupon offered the following ordinance .. 11/21/77 I I I Sec. 2. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is 25 amended by adding the fol-lowing thereto : "The extent of the R-2 Multiple Residence District is reduced by removing the following property and returning to the K-1 Residential District: Lots 1 to 4, .inclusive, Block 1; Lots 1 to 4 inclusive, Block 2; Lots 1 to .4 inclusive, Block 8, Lots 1 to 4 inclusive, Block 9; Lots 1 to 4 inclusive, Block 10; Lots 1 to 4 inclusive, Block 11; Lots 1 to 4 inclusive, Block 12; Lot 1, Block 13, Outlot By all in Braemar Hills 7th Addition, except that part embraced within the plat of Braemar Hills 8th Addition." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Councilman Courtney then offered the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT FOR BRAEMAR HILLS 9TH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as Braemar Hills 9th Addition, presented for preliminary approval at the Edina City Council Meeting of November 21, 1977, and platted by Edina Development Associates, be and is hereby granted preliminary approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Reso.lut ion adopted . TAFT ADDITION GWTED PRELIMINARY PLAT APPROVAL. sented by Clerk, approved as to form and ordered placed on file. sented Taft Addition for preliminary approval, advising that it is proposed to develop this 4.5 acre tract of land located West of Scriver Road and South of Blake Road into 5 single family lots, with a 1% acre lot being retained for the existing dwelling on the northerly portion of the site. The four new lots which would be created would range in size from 19,000 to 52,000 square feet and would have access from the westerly extension of Scriver Road, along with and drainage easement around the small pond on the southerly portion of the property. Mr. Iiughes advised that the plat is in .general conformance with the "Blake- SchaefeFplans which were presented for this area in 1973, and that Planning Com- mission has recommended approval of the proposed subdivision for the follo~ii~g reasons: The single family residential development proposed is compatible with surrounding development; on Scriver Road; 3) The subdivision and road alignment are in conformance with the unofficial "Blake-Schaefer" plans; and 4) Provision of an open space and drainage easement should protect the natural character of the pond on the site. Planning Commission recommended approval, subject to submission by the developer of a drainage 2nd open space easement and the developer's agreement. In response to a question of an unidentified lady who Eves on Scriver Road, the Mayor and staff explained that water must be installed and that a public hearing is proposed to be held on the watermain on December 19, 1977, along with the final hearing on the plat, Mr. Neil Feinberg, 5101 Scriver Road, inquired about the length of the cul- de-sac and was told by Mr. Hughes that the owner of property to the West must make a proposal before anything definite can be determined. Dr. Elmer Salovich, 5125 Schaefer Road, Dr. John Kyllo, 5201 Schaefer Road, and Mr. John Connolly were told by Council that owners of vacant property have the right to develop their land in conformance with City ordinances. Mr. Hyde explained that the Metropolitan Council has already said that Edina's lot sizes are too large, recommending instead that lots be restricted to 6,000 square feet. Dr. Kyllo and Mr. Franz Metger, 5021 Schaeffer Road, were assured that their names would be included on _any mailing lists for public hearings that would affect property in their area. Courtney then offered the following resolution and moved its adoption: Affidavits of Notice were pre- Mr. Hughes pre- . open space 1) 2) The proposed lot sizes are generally similar to lots Councilman RESOLUTION GWTING PRELIMINARY APPROVAL FOR TAFT ADDITION BE 'IT RESOLVED by the Edina City Council that that certain plat entitled "Taft Addition", platted by David D. Taft, and presented at the Edina City Council Meet- ing of November 21, 1977, be and is hereby granted preliminary approval, based on the following reasons: The single family residential development proposed is compatable with surrounding developments; 2) Proposed lot sizes are generally similar to lot sizes on Scrfver Road; 3) The subdivision and road alignment are in conformance with the unofficial Blake-Schaefer plans; 4) The provision that an open space and drainage easement should protect the natural character of the pond on the site; and 5) that the plat conforms to'orilinance requirements; and tliat the plat be granted preliminary approval as recommended by the Planning COP.- mission Qith the conditions and modifications that an executed drainage and open space easement as well as an executed developer's agreement be submitted. Motion-for adoption of the resolution was seconded by Councilman Shaw. 1) 11/21/77 Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Resolution adopted. (See Resolution Setting Hearing Dotes later in Minutes.) DECICAS ADDITION GRANTED FINAL PLAT APPROVAL. located South of Vernon Ave. and West of Olinger Road, for final plat approval, advising that all ordinance requirements had been met. offered the following resolution and moved its adoption: Plr. Hughes presented Deckas Addition, Councilman Courtney then - RESOLUTION APPROVING DECKAS ADDITION .. 1 .BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that . certain plat entitled "Deckas Additicn", platted by Peter C. Deckas and Evelyn E. Deckas, husband and wife, and by Donald F. Sheldon and Monica A. Sheldon, husband and wife, and presented at the Edina City Council Meeting of Hovember 21, 1977, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. YEAR IV COMElIINITY DEVELOPMENT BLOCK GRANT PROGRAM HEARING DATES SET. As recom-. . mended by Mr. Hughes, Councilwoman Schmidt's motion setting December 19, 19.77, and January 9, 1978, for hearing dates for Year IV Community Development Block Grant Program Hearing was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Kotion carried. EELODY LAlcE CONDITIONS DISCUSSED. Mr. Lewis Opperman, 5713 Melody Lane, expressed disappointment that no.action has been taken on correcting conditions of Melody Lake. >fr. Hyde recalled that he and Mr. Dunn had met with Minnesota Highway personzlel and that Mr. lJilliam Crawford had promised that a copy of the State's findings would be received fairly soon. He advised Mr. Opperman that the City . . could take no action until this report has been received and that he would send a copy to Mr. Opperman. No formal action was taken. TRPiFFIC SAFETT' COBINITTEE MIhWTES OF NOVEMBER 15, 1977, REVIEWED. Councilman Courtr . ney moved that Section B of the Traffic Safety Committee Minutes of November 15, 1977, be accepted and that Council approve the following: 1. That the existing YIELD sign on Eastbound Londonderry Drive at Lincoln Drive be chsnged to a STOP sign; 2. 'That three PERMIT P-ING ONLY, 8 AM-8 PM, spaces and six MUSEUM PAWING ONLY, 8 -4M-8PM spaces be installed at the Historical Park; .3. Ramp for consistency with the North Ramp. Motion was seconded by Councilman Shaw. . That the existing 4-hour parking limit be changed to 3-hour parking in the South Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I?. F. PEPPER' NOTICE OF CLAIM REFERRED TO INSURANCE COMPANY. Council was advised of receipt by the Clerk of a Notice of Claim from Mr. 1.1. F. Pepper, 4529 Tower Street, for reimbursement of a bill from Ninnegasco in the amount of $139.76 for damages to his property caused by the August 30, 1977, rainfall. The claim has . been referred to the hsurance company and to the City Attorney. taken. No action was COMMUNITY HEALTH SERVICES SUBSIDY AGREEMENT WITII HEh-EPIN COU" APPROVED. As recommended by Ms. Waelti, Councilman CouFtney offered the following resolution and moved its adoption: I XESOLUTION APPROVING COMMUNITY HEALTH SERVICES SUBSIDY AGREEMENT WITH HENNEPIN COUNTY BE IT RESOLVED that the Edina City Council does hereby approve the Community Health Services Subsidy Agreement with Eennepin County for the year 1978, and does hereby authorize the Mayor and 3anager to enter into said Agreement. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Nays: None. . Resolution aqopted. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg MUNICIPAL WATER SUPPLY DISCUSSED. Mr. Hyde advised Council that lie had met with members of the P.C.A. and numcrous other public officials in regard to the 11/21/77 . 24A for First Reading, with waiver of Second Reading and moved its adoption: ORDlXANCE NO. 811-A106 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811.) TO PROVIDE THAT TRANSFERS TO THE SENIOR CITIZEN RESIDENCE DISTRICT BE DONE PURSUANT TO PARAGRAPH 8 OF SECTION 5 (PLANNED RESIDENTIAL DISTRICT) OF ORDINANCE NO. 811 The second paragraph of paragraph 1 of Section 12 of Ordinance THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: No. 811 is hereby amended to read as follows: a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance No. 811, and that have been planned, and the plans approved, pursuant to the provisions of paragraph 8 of Section 5 of Ordinance No. 811." paragraph 8, as follows: district to the Senior Citizen Residence District shall be done only pursuant to the procedure set out in paragraph 8 of Section 5 of this Ordinance No. 811, and any revisions or changes in the Overall Development Plan approved pursuant to said paragraph 8 shall be made as porvided in said paragraph 8." Sec. 3. and publication. Section 1. :'The standards contained herein are intended to permit residences that have Sec. 2. Section 12 of Ordinance No. 811 is further amended by adding a "8. Procedure for Rezoning and Subsequent Development. Rezoning from any I This ordinance shall be in full force and effect upon its passage ,Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : d" * ah City Clerk MINBOW MANAGEMENT DIVISION ZONING REQUEST FOR SOUTHWEST QUADRANT OF 51ST AND - FIL4NCE CONTIhWED TO JANUARY 16, 1978. Mr. Hughes recalled that Second Reading of Ordinance No. 811-A102 and the appeal of Rainbow Developaenr Company of the Board of Appeals and Adjustment decision had been continued from October 1, 1977, so that the Planning Commission could develop a Planned Residential District concept for the Senior Residence District. Councilman Shaw's motion that the matter be further continued to January 16, 1978, wzs seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. RYAN CONSTRUCTION COMPANY PRD-3 ZONING CONTINUED TO DECEMBER 5, 1977. Affidavits. of Notice were presented by Clerk, approved as to form and ordered placed on file. As requested by Ryan Construction Company, Councilman Shaw moved that the request for zoning change from R-1 District to PRD-3 Planned Residential District zoning for the area East of York Avenue, West of Xerxes Avenue, North of W. 76th Street and South of W. 74th Street extended be continued to December 5, 1977. Motion was seconded by Councilman Richards. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg - ORDINANCE NO. 811-A107 ADOPTED WITH WAIVER OF SECOND READING. were presented by Clerk, approved as to form and ordered placed on file. Hughes presented the request for Heritage Preservation District zoning for Dwight Williams Park (Edina Mills) located on W. 50th Street at Browndale Ave. Mr. Foster Dunwiddie, Chairman of the Heritage Preservation Board, endorsed the zoniqg :change, stating that this property is the most historical site in the entire City. also expressed the hope that the rezoning might force a review of possible canoe portages. Mr. Paul Magnuson, 4909 Browndale Ave., was assured that residents in the area would be advised of any proposed change for the property. Courtney thereupon offered Ordinance No. 811-A107 for First Reading, with waiver of Second Reading and moved its adoption as follows: Affidavits of Notice Mr. He Councilman ORDINANCE NO. 811-A107 AN ORDINANCE AMENDING THE ZONING ORRINANCE (NO. 811) BY ADDING TO THE HISTORIC PRESERVATION DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, OiWAINS: . '. . .. .. 24B 11/21/77 Section 1. Section 11 of Ordinance No. 811 of the City of Edina is hereby ) amended by adding the following. thereto: - -/ "See. 9. Baundaries of Heritage Preservation District. The boundaries of the Heritage Preservation District shall include the following described property: That part of the Northeast 1/4 of the Southwest 1/4 of Section 18, Township 28, Range 24, described as lying North of W. 50th Street (Old State Aid Road No. 20), lying Southeasterly of Browndale Avenue (Old County Road No. 2), lying Easterly of Minnehaha Creek, and lying Westerly of the Southerly extension of the West line of Lot 2, Block 16, Country Club, Brown Section, and other lands which are hereafter added to this paragraph by amendments to this ordinance. " Sec. 2. and publication. . This ordinance shall be in full force and effect upon its passage ?lotion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Nays: None Ordinance adopted. ATTEST : BRAE= HILLS 9TH ADDITION GRANTED PRELIMINARY PLAT A?? ZONING .CHANGE. Affi- davits of Notice were presented by Clerk, approved as to'form and ordered placed t on file. approval and zoning change from PRD-2 to R-1 and R-2 Residential Districts, recallingthat four years ago the prnperty was rezoned to PRD-2 Planned Resid . dential District to allow the construction of 132 units. date, 4 quadraminhms and a recreation building have been constructed and that the surrounding property has been platted as Braemar Hills 8th Addition. Mr. Hughes advised that 29 lots of the 45 lot plat are proposed to be zoned R-2 and 16 lots would be zoned R-2, with the 3.56 acre Outlot A to be dedicated to the City. cash dedication for parkland was made at the time the 132 units were approved. In response to a question of Councilman Richards, Mr. Gustafson said that the Outlot would provide access to Braemar Park. Following discussion, Councilman Courtney offered the following Ordinance No. 811-A108 for First Reading and PreljiuiEary plat approval for Braemar Hills 9th Addition, based on the follow- ing reasons: 1) the proposal conforms to the Southwest Edina Plan; 2) the heavily wooded steep slopes on the site are adequately protected; realignment of Tanglewood Court is desirable; existing and planned quadramiums are maintained; and subject further to the fol- lowing conditions and modifications: identified as an outlot to facilitate the Easterly extension of Stonewood Court, if warranted; portions of Lots 1, 2, 4, 5 and 6, Block 4; Edina for Outlot A; removals and re-sealing of existing storm sewers, water services, 2nd sewer services per the Engbeer's preliminary report; 6) dedication of a 15 foot wide strip of land on the North edge of Lot 14, Block 4; suitable landscape plan for Braemar Hills 8th Addition; relahg to the landscaping and snow removal business located on Blocks 5 and 6 must be terminated and all equipment, materials and su?plies removed prior to final plat approval for any portion of the subject property; 180 days following final plat approval for Blocks 5 and 6, all dwellings and structures located on Blocks 5 and 6 must be satisfactorily removed. performance bond in the amount of $5,000 will be required at the time of final plat approval to assure removal of such structures; 10) submission of an eros- ion control plan: Mr.Hughes presented Braemar Hills- 9th Addition for preliminary plat He clarified that to Mr. Gregory Gustafson, attorney for the developer, said that a 3) the 4) adequate setbacks from I) Lots 8, 9 and 10, Block 4, must be 2) a storm water storage easement must be dedicated on 3) an executed deed to the City of 4) an executed developer's agreement; 5) relocation, 7) submission of a I 8) all activities i 9) within A ORDINANCE NO. 811-A108 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY A?IDING TO THE R-1 AND R-2 RESIDENTIAL DISTRICTS THE CiTY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition Outlot A, Braemar Hills 7th Addition, which is in Sub-District R-2." Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: of the following properties: 1 11/21/77 27 allegation that a portion of .Edinars water has been contamhated. the condition of the water ts considered a "potential threat" and that tests have been made and are being compared with tests ,made in previous years. Council will be advised as soon as the results are analyzed. No formal action was taken. He said that: IIECO AND 911 SUPPORT APPROVED. Council's attention was called to a uiemo from Mr. Rosland advising that the City's'share for I-IECO (Hennepin Emergency Communi- cations Organization) and the 911 telephone service is $4,400. Mr. Rosland advised that he has asked Chief Buresh to be totally involved in the study and recommended that the City demonstrate its commitment to improving communications by underwriting the start-up costs of th'is project by paying.its share. of $4,400 t7as seconded by Councilman Shaw. public safety Councilman Courtney's motion approving the payment of dues in the amount: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. POLICE PHYSICAL FITNESS DECISION DISCUSSED. City has received a favorable decision from the Court upholding the City's right Mr. Hyde advised Council that the to require police officers to take physical fitness tests at the City's time and expense. No action was taken. PARA TRANSIT AND SUBSIDIZED TAXI SERVICE DISCUSSED. Mr. Hyde advised Council . that he had attended a meeting with Yellow Cab, Richfield and Bloomington i . officials on para transit and subsidized taxi service. He said that no definiie action had been taken but that the group will meet next week to develop forms to be considered for final approval. No formal action was taken. - EDINA FOUNDATION ORGANIZATIONAL MEETING HELD. Edina Foundation had held its organizational meeting and that some funds have already been received. It was generally agreed that a notice describing the Foundation be sent out with the homestead forms.the first of the year. action was taken.. Mr. Hyde advised Council that the. No formal 1978 NEWSLETTER TO BE PUBLISHED. should be sent out after the first of the year. No action was taken formally. RESPREAD OF METROPOLITAN LEVIES DISCUSSED. Mr. Hyde noted that the papers had given credit for respreading metropolitan tax levies to the Commissioner of Revenue of the State of Minnesota, and had not mentioned that the action had been started in Edina and other municipalities and had been taken over by Commissioner Richard Kremer.and the Hennepin County Assessor. No action was taken. It was generally agreed that a newslktter ,. HUMAN RELATIONS COMMISSION MWERS APPOINTED. confirming the Mayor's recommendation for the appointment of Mr. Raymond Councilman Courtney's motion O'Connell-and Mrs, Pat Llona to the Human Relations Commission was .seconded by Councilman Shaw. Both appointments are Council recommendations with Mr. O'Connell's term running to February 1, 1979 and Mrs. Llona's term running to February 1, 1980. Ayes: Courtney, Richards, Schmidt, Shaw, Vm Valkenburg Nays: None Motion carried. ART CENTER PURCHASE OF CHAIRS APPROVED. Mr. Hyde presented tabulation of three Tabulation showed Miller Davis.10~ bidder at $18.45 each, for a total cost of $1,107.00, Globe Office Interiors at $18.50 eacn, and Minnesota Supply Company at $21.91 each. Councilman Richards' motion for award to recommended low bidder, Miller Dwis Company was seconded by Councilman Shaw. , bids for stacking chairs for the Edina Art Center. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PRE-CAST CONCRETE ROOF FOR EDINA ART CENTER APPROVED. tion of two b,ids for a pre-cast concrete roof for the Edina Art Center, showing Spancrete Midwest Coinpany low bidder at $2 , 175.00, with Prestressed Ccncrete, Inc., bidding $2,626.00. Councilman Shaw's motion for award to recommended low bidder, Spancrete Midwest Company, was seconded by Councilman Richards. Mr. Hyde presented tabula- - Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 11/21/77 1 GARBAGE COLLECTION BIDS CONTINUED TO DECENBER 5, 1977, by motion of Comcilman -Courtney, seconded by Councilman Shaw. Ayes : Coartney, Richards , Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. COMPACT CARS TO BE BID WITH COUNTY. County for six compact cars was seconded by Councilwoman Schmidt. Councilnian Courtney's motion to bid with the Ayes: Courtney, Richards, Schmidt,- Shaw, Van Valkenburg Nays: None I Motion carried. ORDINANCE NO. 761 ADOPTED ON SECOND READING, Councilwoman Schmidt offered Ordin- aEce 761 for Second Reading and moved its adoption as follows: \I ORDINANCE NO. 761 AN ORDINANCE PROVIDING FOR THE LICENSING AND AND PRESCRIBING A PENALTY INSPECTION OF HOTELS, LODGING AND BOARDING HOUSES, THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: hotel, lodging house, and boarding house shall be given.in Minn. Stat. 157.01, as amended. "Board" as used in Hinnesota Health Department regulations MHD 151 and 152, adopted by reference, shail mean the City of Edina operating a hotel, lodging house, or boarding house within the City of Edina unless a license has been obtained from the City of Edina. houses and boarding hoixses shall'be as follows: Section 1. Definitions. Whenever used in this ordinance, the definitions €or Sec. 2. License Required. No person shall operate or engage in the business of Sec. 3. Required License Fee. The annual license fee for hotel.^, lodging (1) (2) . If a kg house Sec . Minnesota Hotels, one (I) to fifty (50) rooms $100.00 1.00 Lodging and Boarding Houses, per location 50.00 bozrding house is required to have a food establishment license, the board- license fee sh'all be one half of the.required fee under this section. 2or each additional room over fifty 4. Regulations. There is hereby adopted and incorporated by reference State Board of Health, Chapter Nine: Lodging Establishments, at least one copy of which shall be marked as "official I MHD 151 - 160 Requirements for - . copy" and fiied 'for use and examination by the public in -the office of the 'city Clerk. No. 141 of the City, including the penalty provisions thereof, shall apply to all licenses required by this ordinance and to the holders of such licenses. Sec. 6. public at ion. Motion for adoption of the ordinance was seconded by Councilman Richards. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenb Nays: None Ordinance adopted. Sec. 5. License Procedure or Control: Penalties. The provisions of Ordinance This ordinance shall be in full force and effect upon its passage and ATTEST : 9L B. ik City Clerk COLONIAL CHURCH OF EDINA FIRST ADDITION DOCUMENTS APPROVED; COLONIAL WAY EST- ABLISHED. ing resolutions and moved their adoption: BE IT PSSOLVED that the Edina City Council authorize the appropriate City offi- cials to execute and deliver the Colonial Church Parking Lot Agreement and, further, that the Edina City Council does hereby accept the quit claim deed . . releasing the easement over the Fire Station property in favor of the Church. As recommended by Mr. Erickson, Councilman Courtney offered the follow- RESOLUTION RESOLUTION ESTABLISHING PORTION OF COLONIAL WAY ImREAS, the City of Edina is the fee owner of the folloiqing described premises: Tract A: The East 693 feet of the South 30 feet of the North 693 feet of the NE 1/4 of the NW 1/4 of Section 5, Township 116, Range The South 30 feet of the North 60 feet of that part of the East 233 feet of tho, NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota, lying South of the North 663 feet thereof; and 21, Hennepin County, Minnesota; and Tract 33: 11/21/77 WHEREAS, said Tract B is subject to an easement for purposes oE ingress and egress established by Document No, 414489 on Iile in the office of the Hennepin County Recorder in favor of the Colonial Church of Edina, a Minnesota non-profit corporation, as fee owner of Lot 1, Block 2, Colonial Church of Edina First Addition; and WHEREAS, said Tract A and Trace B are contiguous to Colonial Way, as dedicated in the plat of said Colonial Church of Edina First Addition, and provide access thereto from Tracy Avenue; and. I WEREAS, The Colonial Church of E.dina ha5 offered to release its easement over and across said Tract B if the City will dedicate-said Tract A and Tract B to the public for street pruposes;' NOW, THEREFORE, BE IT RESOLVED that the City of Edina does hereby accept the quit claim deed from the Colonial Church of Edina of the above described Tract B for purposes of releasing the Easement of Ingress and egress established by Document No. 414489 on file in the office of the Hennepin County Recorder; and BE IT FURTHER RESOLVED that the above described Tract A and Tract B are hereby dedicated to the public for street purposes, said premises to be known as ' "Colonial Way". Motion for adoption of the resolution Rollcall : Ayes: Courtney, Richards, Schmidt, Nays: None Resolution adopted. was seconded by Councilman Shaw. Shaw, Van Valkenburg HEARING DATES SET FOR SCRIVER ROAD PUBLIC IMPROVEMENTS As recommended by Mr. . Dunn, Councilman Shaw offered the following resolution and moyed its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON VARIOUS IMPROVEMENTS 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such impfovements, 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, December 19, 1977, at 7:OO P.M. in the Edina City Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once B week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all . affected properties in substantially the following form: (Official Publication) CITY OF EDINA HELTEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING WATERMAIN IMPROVEMENT NO. P-WM-331 SANITARY SEWER IMPROVEMENT NO. P-SS-347 PERMANENT STREET SURFACING (INCLUDING BASE) WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-232 EDINA CITY COUNCIL WILL MEET at the Edina City Hall on Monday, December 19, 1977, at 7:OO p.m. to consider the following proposed improvements to be.constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: 1. SANITARY SEWER IMPROVEMENT NO. P-SS-347 The approximate ESTIMATED COST $6,661.97 $21,440.83 Scriver Road in Taft's Addition Scriver Road from Blaka Road to the West Line of Taft's Addition AND GUTTER Scriver Road in Taft's Addition . 2. WATERMAIN IMPROVEMENT NO. P-WM-331 3. PERMANENT STREET SURFACING (INCLUDING BASE) WITH CONCRETE CURB $16,271.50 The area proposed to be assessed for the cost of the proposed Sanitary Sewer under No. 1 above (Improvement No. P-SS-347) and Permanent Street Surfacing (including base) with Concrete Curb and Gutter under No. 3 above (Improvement No. P-BA-232) includes Lots 2 and 3, Block 1 and Lots 1 and 2, Block 2, Taft's Addition. Watermain under No, 2 above (Improvement No. P-WM-331) includes Lots 1, 2, 3 ind 5, Block 1, Lots 1, 2 and 3, Block 2, Hyland Acres, Lots 2 and 3, Block 1, and Lots 1 and 2, Block 2, Taft's Addition. BY ORDER OF THE EDINA CITY COUNCIL. The area proposed to be assessed for the cost of the proposed Florence B. Hallberg City Clerk 11/21/77 30 , ._ .. Hotion Cor adoption of the resolution was seconded by Councilwoman Schmidt . Rollcall : Ayes : Nays: None Resolution adopted. \ Courtney , Richards, Schniid t, Shaw, Van Valkenburg ER. DALEN COMMENDED ON DUTIES AS DEPUTY REGISTRAR. Mayor Van Valkenburg compli- . mented Mr. Dalen upon his letter received Erom the Department of Public Safety of the State of Minnesota, commending him on the outstanding manner in which he executes his duties as a Deputy Registrar. CLAIHS PAID. for paynent of the following claims as per Pre-List: General Fund, $55,124.89; Park Fund, $3,535.69; Art Center, $1,796.27; Park Construction, $2,126.72; Golf . Course, $2,463.52; Arena, $4,092.95; Gun Range, $495.50; Water Works, $3,959.16; Sewer Fund, $72,824.87; Liquor Fund, $354,501.87; Construction $139,877.17; IBR, $1,250.00; Total, $642,048.37. I Motion of Councilwoman Schmidt was seconded by Councilman Richards No further business appearing, Councilman Courtney's motion €or adjournment was seconded by Councilman Shaw. Adjournment at 9:50 p.m. 3 , . .. I , -* '39 -L. 7 d L 2% PY . MINUTES OF THE REGULAR MEETING OF *rm i EDUA CITY COUNCIL HELD AT CITY HALL NOVEMBER 21, 1977 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of October 17, 1977, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MALIBU DRIVE IN INTERLACHEN HIELS 3RD ADDITION IMPROVEMENT HEARINGS CONDUCTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as hereinafter recorded. A. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-346 IN THE FOLLOWING: Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition B. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WM-330 IN THE FOLLOWING: C. CONSTRUCTION OF STORM SEWER IMPROVEPENT NO. P-ST.S-158 IN THE FOLLOWING: D. CONSTRUCTIOW OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER NO. BA-231 IN TKE FOLLOWING: Malibu Drive in Interlachen Hills 3rd Addition. AI1 improvements affecting the same properties, publfk hearings were conducted for all improvements concurrently. Mr. Dunn presented total estimated cons- truction cost for Sanitary Sewer No. P-SS-346 at $14,204.85, proposed to be assessed over. a three year period in accordance with the terms and conditions of a Developer's agreement along with Watermain Improvement No. P-WM-330 estimated to cost $11.931.36 and Storm Sewer Improvement No. P-ST.S-158, to.tal cost of which is estimated at $9,491.66. and Gutter is proposed to be assessed over a ten year period as a Plan C Improvement. was given at $710.24, for Watermain Improvement No. P-WM-330, $596.57, for Storm Sewer Improvezent No. P-ST.S-158 esthated unit cost was given at $632.78-. and €or Street Improvement No. P-EA-232, estimated unit cost was given at $2,330.43. Explaining that bids far the improvements had been opened on Nov- ember 19, 1977, Mr. Dunn presented tabulation of four bidders showing G. L. Con- tracting, inc., at $47,332.70, Peter Lametti Construction Co., at $47,836.10, Q.R.S. Construction, Inc., at $50,042.00, and Orfei & Sons, Inc., high bidder at $51,404.21. bid of G. L. Contracting, Inc., while low in total, was higher than two other bids for the Sanitary Sewer and suggested that the award be divided so that the low bid could be taken €or each portion of the project. the bids were tied and that they were based on the total bid. if Mr. Kenneth was not satisfied, these improvements could be abandoned and Mr. Kenneth could contract for the work himself. Mr. Kenneth said that these bids should be awarded but that in the future, bids should be taken for each separate improvement. its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council . heretofore caused notice of hearings to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : .: Permanent Street Surfacing and Concrete Curb Estimated unit cost for Sanitary Sewer Isprovement No. P-SS-346 Mr. Wallace Kenneth, the developer, questioned the fact that the Mr. Dunn explained that He suggested that Councilman Courtney then offered the following resolution and moved RESOLUTION ORDERING IMPROVEMENTS I. CONSTRUCTION OF SANITARY SEWER IM?ROVEMENT NO. P-SS-346 IN THE FOLLOWING: Malibu Drive in Interlachen'Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition Malibu Drive in Interlachen Hills 3rd Addition Illl?ROV~ENT NO. P-EA-23 1 IN THE FOLLOWING : halibu Drive in Interlachen Hills 3rd Addition 2. CONSTRUCTION OF WATERMAIN IMPROVmNT NO. P-WM-330 IN THE FOLLOWING: 3. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. P-S'll.S-158 IN THE FOLLOWING: 4. CONSTRUCTTON OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER and at the hearing field at the-time and place specified in said notice, the Council 'has duly considered the views of all persons interested, and being fully advised o'f the pertinent facts does hereby determine to proceed with the construction of said improvements including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction' and mainxenance of such improvements; thar said improvements are hereby designated and shall be referred to ia aLL subsequent proceedings as follows: l .. .. 1 1JZ I(' 7 7 40 No. 1 Above SANITARY SEWER IIPROVEMENT*NO. 86-346 y j - No. 2 Above WATERMAIN DPROVEMEIPT NO. fJM-330 No. 3 Above STORM SEWER IMJ?ROVEMENT NO. S'2.S-158 , NO. 4 Above PERMANENT STREET SURFACING AND CONCRETE CURB and the area to be specially assessed for all of the above improvements therefor shall include Lots 13 through 27, Block 1, Interlachen Hills 3rd Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. AND GUTTER IMPROVEMENT NO. BA-231 Rollcall : Ayes: Courtney, Schmidt, Shaw, Van Valkenburg t Nays : Richards Resolution adopted. Councilman Courtney then moved that the bid for.the improvements be awarded to recommended low bidder, G. L. ContractiDg, Inc. Motion was seconded by Councilman Sfiaw, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Jfotion carried. C-1 ZONING DENIED FOR NORTIITJEST QUADRANT OF FRANCE AVE. AT W. 76T'd STREET. Mr. Hughes recalled that the request of Rauenhorst Corporation for a zoning change - . -. from ?ID Planned Industrial District to C-l Commercial District for property located on the Northwest quadrant of France Ave. at I?? 76th St. had been con- tinued to this meeting from Septewber 12, 1977, so that the Planning Commission could have an opportunity to study potential use and conditions of special use permits for uses other than industrial in the Planned Industrial District and also explore the possibile expansion of permitted uses within the Planned Industria?. District. special use permit system. He advised that this memorandum, together with a . memorandum submitted by Mr. Peter Jarvis of Bather, Ringrose, Wolsfeld, Jarvis and Gasdner, Inc., had been reviewed by the Planning Commission and that the Commission had recommended that the zoning ordinance not be amended to provide for special use permits in the Planned Industrial District, The Plianning Com- mission had also recomended that the zoning ordinance not be amended to provide additional principal uses in the Planned Industrial District, In response to ' . questions of Mr, Jarvis, Councilman Richards recalled Council's concern about . strip zonisg for restaurants, adding that the entire industrial area is involved and not just this particular site, He also mentioned his concern that a restaur- ant at this locgtion would compound the traffic problem in the area. Councilman Mr. Hughes presented :a memorandum which analyzed the -.. Courtney spoke in favor of a conditional use program, stating that it would add . procedure. - considerable fldbility and that this technique could be a valuable zoningr Mayor Van Valkenburg expressed his concern that conditional use per- mits would only create arbitrary problems. whether or not C-1 zoning should be granted and recalled that the Planning Com- mission has recommended that it be denied. lowing which Councilman Shaw moved that the zoning change be denied based on rhe rezsons given by the Planning Commission at the Council Meeting of August -15, 1977, as follow&: I) the request is inconsistent and not in conformance .with the South Edina Plan; 2) the requested C-l zoning provides no assurances Ghat the property will be used only for restaurant purposes and allowable C-l uses would be undesirable from a land use and traffic standpoint; 3) adequate sanitary sewer capacity is not available for the proposed land use; and 4) the requested rezoning would set.a precedent for strip commercial development on vacant land abutting France Ave, which precedent would not be in conformance with the concepts of the South Edina Plan. ScWdt . Be said that the basic question is Considerable discussion ensued; fol- Motion was seconded by'Councilwoman Ayes: Richards, Schmidt, Shaw, Van Valkenburg . Nays: Courtney Motion carried. .- I?O€&ANDALE PARK ADDITION PRELIMINARY PLAT APPROVAL DENIED. by Council denying the request for C-1 Commercial District zoning for property located on the Northwest quadrant of France Ave. at W. 76th Street, Councilman Shawls motion that preliminary plat be denied for Normandale Park was seconded by Counc2lwoman Schmidt. Based on action taken Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays : Courtney 3forion tarried. I SENIOR CITIZEN RESIDENCE DISTRICT ORDINANCE AMENDMENT '811-AlO6 ADOPTED. davits of Notice were presented by Clerk, approved as to form and ordered placed 'on file. Management Division had no objection to the ordinance and recommended that Second Reading be waived. Aff i- Mr. Hughes presented Ordinance,No. 811-AlO6, advising that Rainbow Councilman Shaw thereupon offered the following ordinance . . - .n__ - -- .. 11/21/77 41 €or First Reading, with waiver of Second Reading and moved its adoption: ORDINANCE NO., 811-A106 AK ORDINANCE AMENDING THE ZONING ORDINANCE (NO.-611) BE DONE PURSUANT TO PARAGRAPH 8 OF SECTION 5 (PLANNED 'TO PROVIDE TEIAT TRANSFERS TO THE SENIOR CITIZEN RESIDENCE DISTRICT RESIDENTIAL DISTRICT) OF ORDINANCE NO. 811 THE ~ITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: .. Section 1. .The standards contained herein are in~ended to permit residences that have The second paragraph of paragraph 1 of Section 12 of Ordinance No. 811 is hereby amended to read as follows: a mass and intensity of activity that is similar to multiple family residences with the same numerical identification defined in Section 4 of Ordinance NO. 811, and that have been planned, and the plans approved, pursuant to the provisions of paragraph 8 of Section 5 of Ordinance No. 811." Sec. 2. Section 12 of Ordinance No. 811 is further amended by adding a paragraph 8, as follows: "8. Procedure for Rezoning and Subsequent Development. Rezoning from any district to the Senior Citizen Residence District shall be done only pursuant to the procedure ser out in paragraph 8 of Section 5 of this Ordinance No. 811, and any revisions or changes in the Overall Development Plan approved pursuant to said paragraph 8 shall be made as provided in said paragraph 8." Sec. 3. and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. 11 This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg I Nays: None Ordinance adopted. ATTEST: Mayor City Clerk RAINBOW MANAGEMENT DIVISION ZONING REQUEST FOR SOUTHWEST QUADRANT OF 51ST AND - "PRANCE CONTINUED TO JANUARY 16, 1978. Mr. Hughes recalied that Second Reading of Ordinance No. Sll-A102 and the.appea'l of Rainbow Developnient Company of the Board of Appeals and Adjustment decision had been continued from October 1, 1977, so that the Planning Commission could develop a Planned Residential District concept for the Senior Residence District. Councilman Shawls motion that the matter be flirther continued to January 16, 1978, was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. RYAN CONSTRUCTION COMPANY PRD-3 'ZONING CONTINUED TO DECEMBER 5,'1977. Affidavits: cf Notice were presented by Clerk, approved as to form and ordered placed on file. As requested by Ryan Construction Company, Councilman Shaw moved that the request for zoning 'change from R-1 District to PRD-3 Planned'Residential District zoning for the area East of Yofk Avenue, West of Xe'rxes Avenue, Worth of $f. 76th Street and South of W. 74th Street extended be continued to December 5, 1977. Motion was seconded by Councilman Richards. ~ Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 4" ORDINANCE NO. 811-A107 ADOPTED WITH WAIVER OF SECOND READING. were presented by Clerk, approved as to form and ordered placed on file. Williams Park (Edina Mills) located on W. 50th Street at Browndale Ave. Nr. Foster Dunwiddie, Chairman of the Heritage Preservation Board, endorsed the zoning :change, stating "that ihis property is the most historical site in the entire City. also expressed the hope that the rezoning might force a review of possible canoe portages. Mr. P&l Maf&usori, 4909 Erohdale Avd., was assured that residents in the area would be advised of any proposed change for the property. Courtney thereupon offered Ordisancc No. 811-A107 for First Redding, with waiver of Second Reading and moved its adoption as EoUows: Affidavits of Notice Mr. ,,+ Hughes presented the request for Heritage Preservation District zoning for Dwight He Councilman ORl32I\TANCE NO. 811-A107 ~ AN ORDINANCE AMENDING THE ZONING OKDiNANCE (NO. 811) BY mDING TO THE HISTORIC PRESERVATION DISTEICT TBE'GITY COUNCIL OF THE CITY OF EUfNA, MINNESOTA, ORDAINS: i ' . .- 11/21/77 r*.- Section 1. '"Sec, 9. That part of the Northeast 1/4 of the Southwest 1-/4 of Section 18, Townshfp 28, Range 24, described as lying North of W. 50th Street (Old State Aid Roadr No. 20), lying Southeasterly of Browndale Avenue (Old County Road NO. 2), lying Easterly of Minnehaha Creek, and lying Westerly of the Southerly extension of the West line ofLot 2;Block 16, Country Club, Brown Section,-_- and other lands which are hereafter added to this paragraph by amendments to this ordinance. " Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw, Section 11 of Ordinance NO. 811 .of thi City o€ Edina is hereby Boundaries of Heritage Preservation District. I The boundaries of 1. 42 amended by .adding the r'ollawing thereto : the Heritage Preservation District shall include the following described property:. -. I Tinis ordinance shall be in full force and effect upon its passage Rollcall: . - % -* Ayes: Nays: None Ordinance adopted. Courtney, Richards, Schmidt., Shaw, Van-Valkenburg -. 9 --* ATTEST : Mayor * City Clerk I BRAEMAR HILLS 973 ADDITION GRANTED PRJSLIMINARY PLAT AND ZONING CHANGE. Affi- davits of Notice were presented by Clerk, approved as to form and ordered placed on fae. approval and zoning change from PRD-2 to R-1 and R-2 Residential Districts, recalEugthat four. years ago the .property was rezoned to 2RD-2 Planned Resid dential District to allow the construction of 132 units. date, 4 quadraminiums and a recreation building have been constructed ' and that the sarrounding property has been platted as Braemar Hills 8th Addition. Mr. Hughes advised that 29 lots of the 45 lot plat are proposed to be zoned R-2 and 16 lots would be zoned R-2, with the 3;56 acre Outlot A to be dedicated to the City. cash-dsdication for parkland was made at the time the 132 units were appoved, Outlot would provide 'access-to Braemar Park. Followin'g discussion, Councilman Courtney offered the%foLlow&g Ordinance No. 811-A108 for First Reading and .Prelimiaary plat approval for Braemar Hills 9th Addition, based on the follow- heavily wooded steep slopes on the site are adequately protected; realignment of Tanglewood Court is desirable; 4) adequate setbacks from existing and planned quadramiums are maintained; and subject further to the fol- Lots 8, 9 and 10, Block 4, must be, identffied as an outlot to facilitate the Easterly &tension of Stonewood Court, if,warranted; 2) a storm water storage easement must be dedicated on . pprtions of Lots 1, 2, 4,-5 and 6, Block 4; $kina for Outlot A; 5) relocation, )r removals and re-sealing of existing storm sewers, water services, and sewer services per the Engheer's preliminary report; 6) dedication of a 15 foot . -wide strip of land on the North edge of Lot 14, Block 4; suitable landscape plan for Braemar Hills 8th Addition; * relating to the landscaping and snow removal business located on Blocks 5 and to final plat approval for any portion of the subject property; structures located on Blocks 5 and 6 must be satisfactorily removed. performznce bond in the amount of $5,000 will be xequired at the time of final .,.' plat approval to assure removal of such structures; 10) submission of an eros- ion control plan: Mr.Hughes presented Braemar Hills 9th Addition for preliminary plat ' . He clarified thaF,to . - Mr. Gregory Gustafson, attorney for the developer, said that a .. z+x-5 In response to a question of Councilman Richards, Mr. Gustafson said that the - +Ang reasons: 1) the proposal conforms to the Southwest Edina Plan; 2) the 3) the - . lowing- conditions and modifications: 1) 3) an executed deed to the City of 4) an executed developer's agreement; 7) submission of,a 8) all activities 51 6 must- be terminated and all equipment, materials and supplies removed prior 180 days following final plat.*approval for Blocks 5 and 6, all dwellings and k 9) within j A -I . h 1.X ORDINANCE NO. 8 11 -A108 .. .- J . AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO, 811) BY ADDING. TO THE R-1 AND R-2. RESIDEmIAL DISTRICTS I THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS:' amended by adding the following thereto: Section 1. "The extent of the Multiple Residence District is enlarged by the addition Outlot A, Braemar Hills 7th Addition, which is ib Sub-District R-2." Paragraph 1 of Section 4 of Ordinance No.-811 of the City is, ~ ' -of the following properties: .-. .* '. l Sec. 2. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is 43 amende'd by 'ad'ding the following theleto: "The extent of the R-2 Multiple Residence District is reduced by removing tke :following property and returning to the R-1 Residential District: Lots 1 to 4, inclusive, Block 1; Lots 1 to 4 inclusive, Block 2; Lots 1 to 4 inclusive, Block 8, Lots 1 to 4 inclusive, Block 9; Lots 1 to 4 inclusive, Block 10; Lots 1 to 4 inclusive, Block 11; Lots- 1 to 4 inclusive, Block 12; Lot 1, Block 13, Outlot B, all in Braemar Hills 7th Addition, except that part embraced within the plat of Braemar Hills 8th Addition." Sec. 3. - This ordinance shall be in full force and effect upon its passage and publication. - Councilman Courtney then offered the following resolution and. moved its adoption: RESOLUTION GRANTING PRELIMINARY PLAT FOR BRAEMAR HILLS 9TH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as Braemar Hills 9th Addition, presented for preliminary approval at the Edina City Council Meeting of November.21, 1977, and platted by Edina Development Associates, be and is hereby granted prelfminary approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes : Nays: None Reso.lut ion adopted. Courtney; Richards, Schmidt, Shaw, Van Valkenburg TAFT ADDITION GMTED PRELIMIhRY PLAT APPROVAL. sented by Clerk, approved as to form and ordered placed on file. ' sented Taft Addition for preliminary approval, advising that it is proposed to develop this 4.5 acre tract of land located West of Scriver Road and South of Blake Road into 5 single family lots, with a 1% acre lot being retained for the existing dwelling on the northerly portion of the site. The four new lots which would be.created would range in size from 19,000 to 52,000 square feet and would have access from the westerly extension of Scriver Road, along with and drainage easement around the small pond on the southerly portion of the property. Mr. Hughes advised that the p1at is in.genera1 cdnformance with the "Blake- Schaefe?'plans which were presented for this area in 1973, and that Planning Com- mission has recommended approval of the proposed subdivision for the following reasons: The single family residential development proposed is compatible with surrounding development; 'od Scriver Road; 3) The subdivision and road alignment are in conformance-with the unofficial "Blake-Schaefer" plans; and 4) Pravision of an opsn space and drainage easement should protect the natural character of the pond on the site, Planning Commission recommended approval, subject to submission by the developer , of a drainage and open space easement and the developer's agreement. to a question of an unidentified lady who lives on Scriver Road, the Mayor and staf€ explained that water must be installed and that a public hearing is proposed to be held on the watermain on December 19, 1977, along with the final hearing on the plat. Mr. Neil Feinberg, 5101 Scriver Road, inquired about the length of the cul- de-sac and was told by Mr. Hughes that the owner of property to the West must make a proposal before anything definite can be determined. Schaefer Road, Dr,: John Kyllo, 5201 Schaefer Road, and Mr. John Connolly were told by Council that owners of vacant property have the right to develop their land in conformance with City ordinances, Mr. Hyde explained that the Metropolitan Council has already said that Edina's lot sizes are too large, recommending instead that lots be restricted to 6,000 square feet. Dr. Kyllo and Mr. Franz Metger, 5021 Schaeffer Road, were assured that their names would be included on any mailing lists'for public hearings that would affect property in their area. Courtney then offered the following resolution and moved its adoption: Affidavits of Notice were pre- Mr. Hughes pre- open space 1) 2) The proposed lot sizes are generally similar to lots In response Dr. Elmer Salovich, 5125 Councilman RESOLUTION GRANTING PRELIMINARY APPROVAL FOR . TAFT ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Taft Addition", platted by David D. Taft, and presented at the Edina City Council Meet- ing of November 21, 1977, be and is hereby granted preliminary approval, based on the following reasons: The single family residential development proposed is compatable with surrounding developments; 2) -Proposed lot, sizes are generalSy in conformance with the unofficial Blake-Schaefer plans; 4) The provision that -an open space and draimge easement should protect the natural character of the pond 011 the site; ant: 5) tht;t the plat conforms to Ordinance requirements; and that the plat be granted preliminary approval as recommended by the Planning Cor- mission with the conditions and modifications that an executed drainage and open space easement as well as an executed developer's agreement be submitted. Motion for adoption of the resolution was seconded by Councilman Shaw. 1) simil&'r.to lot siz&s on Sckiver Ro&; 3) The suljdivision and road alignment t are . 11/21/77 :. .. 44 RollCali: Ayes : Courtney, Richards ,' Schmidt ;* SKaw , Van '$alkPnbbrg ' Hays: None Resolution adopted. (See Resolutibn Setting Hearing Dates later in lfinutes,) DECKAS ADDITION GRANTED FINAL PLAT APPROVAL. Nr. Hughes presented Deckas Addition, , located South of Vernon Ave. and West of Olinger Road, for 'final plat approval, advising that all ordinance requirements had been met. offered the foilowing resolution and moved its adoption: BE IT RESOLVED by the City Council of the City df Edina, Minnesota,' that that certain plat entitled "Deckas Addition", platted by Peter C. Deckas and Evelyn E. Deckas, husband and wife, and by Donald F. Sheldon an&Monica A. Sheldon, husband and wife, and presented at the Edina City Council Meeting of November 21, 1977, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilwoman Schmidt. Councilman Courtney then 1. RESOLUTION APPROVING DECKAS ADDITION . I t- Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resdlution adopted. F YEAR IV COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM HEARING DATES SET. As recom-! _. =- - mended by Mr. Hughes, Councilwoman Schmidt's motion setting December 19, 19.77, and January 9, 1978, for hearing dates for Year IV Community Development Block Grant Program Hearing was seconded by Councilman,Shaw. ' Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. " MELODY LAKE CONDITIONS DISCUSSED. Mr. Lewis Opperman, 5713 Melody Lane, expressed disappointment that no action has been taken on correcting conditions of Melody Lake. personnel and that Xr. William Crawford had promised that a copy of the State's findings would be received fairly soon. could take no action until this report has-been received and'that he would send a copy to Mr. Opperman. Bo'formal action was taken, TRAFFIC SAkETY COBNITTEE MINUTES OF NOVEMBER 15, 1977, REVIEWED, 'ney-moved that Section B of the Traffic Safety Committee Minutes of November IS, 1977, be accegted and that Council approve the following: 1:'Tnat the existing YIELD sign on Eastbound Londonderry Drive at Lincoln Drive be chanced to'a STOP sign; r 2; ' That three PERMIT PARKING ONLY , 8 AM-8 PM, spaces and sik MLTSEUH PARKING ONLY, 8 .AM-8PM spaces be installed at the Historical Park; 3. Ram? for consistency with the north Ramp. Mution"wa& seconded by Councilman Shaw. Mr. HGde recalled that he and Mr. Dunn had met with Minnesota Highway ' He advised.Mr. Opperman that the City Councilman Court- ~ - . That the existiag 4-hour parking limit be changed to 3-hour parking in the South * Ayes-: Courtney, Richards, Schmidt, Shaw, Vzn Valkenburg Nays: None I Motion carried. .- 1 W. F. PEPPER NOTICE OF CLAIM REFERRED TO INSURANCE COMPANY. Council was advised of receipt by the Clerk of a Notice of'claim from Mr. W. F. Pepper, 4529 Tower Street, for reimbursement of a bill fromMinnegasco in the amount of $139.76 for "damages to his property caused'by the August 30, 1977, rainfall, been referred to the insurance'company aad to the City Attorney. Eaken, COMMUNITY HFALTH SERVICES SUBSIDY AGREEMENT WITH HENNEPIX COUNTY APPROVED. AS recomeaded by Ms. Waelti, Councilman Courtney offered the following resolution and moved its adoption:' The claim has No actionwas -- .. I RESOLUTION APPROVING COMMUNITY REALTH SERVICES SUBSIDY AGREEMENT WITH HENNEPIN COUNTY . BE IT PaSOLVED that the Edina City Council.does hereby approve the Community . Health Services Subsidy Agreement with Hennepin County for the year. 1978, and - does hePeby authorize the Mayor and Nanager to enter. into said Agreemedt, . . . . Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcaii : Ayes : Nays: None. .- . . Resolution adopted. '. -_ Courtney, Richards, Schmidt,. Shaw, Van .Valkenburg 1- I" .. .v * MGNk'IP-AL .WATER SUPPLY DISCUSSED. meinbers of the P.C.A. and nuruerous other public officials'in regard to the Mr. Hyde advised Council that he had met with .- . ._ . ., .. . . . .. .. 11/21/77 45 alregation that a portLon of Edina's wafer has been contaminated. the condieion of the water is considered a "potential threat!; and that tests will be advised as soon as the results are analyzed. HECO AND 911 SUPPORT APPROVED. Council's attention was called to a memo from c;ltions Organization) and the 911 telephone service is $4,400. advised that he hes asked Chief Buresh to be totally involved in the study and recommended that the City. demonstrate its commitment to improving communications by underwriting the start-,up costs of this proje,ct,by paying its shar-e. of $4,400 was seconded by Councilman Shaw. He said that .have been made and are being compared with tests .made itn previous years. Council No formal action was taken. * .<.Mr. Rosland advising that the City's share for HECO (Hennepin Emergency Communi- Mr. Rosland public safety Councilmzln Courtne$'_s motion approving the payment df dues in th& amount Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried. POLICE PHYSICAL FITlVESS DECISION DISCUSSED. City has received a favorable decision from the Court upholding the City's right to require police officers to take physical fitness tests at the City's time and expense. No action was taken. PARA TRBNSIT AND SUBSIDIZED TAXI SERVICE DISCUSSED. that he had officials on para transit and subsidized taxi service. He said that no definite action had been taken but that the group will meet next week to develop forms to be considered for final approval. Mr. Hyde advised Council that the .i Mr. Hyde advised Council i 00 e3t a b P attended a meeting with Yellow Cab, Richfield and Bloomingtoh No formal action was taken, . EDINA FOUNDATION ORGANIZATIONAL MEETING HELD. Edina Foundation had held its orgaxxkational meeting and that some funds have Mr. Hyde advised Council that the. already been received. .Foundation be sent out with the homestead forms.rhe first of the year. ,action .was taken., . 1978 NEWSLETTER TO BE PUBLISHED, should be sent out after the first of the year. :RkPREAD OF METROPOLITAN LEVIES DISCUSSED. givencredit for respreading metropolitan tax levies to the Commissioner of been started in Edina and other munlcipalities and had been taken over by .Commissioner Richard Kremer- and the Hennepin County Assessor. taken . It was generally agreed that a notice describing the No formal I .i It was generally agreed that a newslktter No action was taken formally. Mr. Hyde noted that the papers had $ ...R evenue.of the..State of Minnesota, and had not mentioned that the action had- ._ No action was HU",RELATIONS COMMISSION MEMBERS APPOINTED. confirming the Mayor's recommendation for the appointment of Mr. Raymond Councilman Courtney's motion O'Connell-and Mrsi Pat Llona' to the Human Relations Commission was seconded by Councilman Shaw. Both appointments are Council recommendations with Mr. O'Connell's term running to February 1, 1979 and Mrs. Llona's term running to February 1, 1980. Ayes: Courtney, Richards, Schaidt, Shaw, Van Valkenburg Nays: .- None Mdiion carried , ART CENTER PURCHASE OF CHAIRS Ai?PROVED. Tabulation showed Miller' Davis low bidder at $18.45 each, for a total cost of $1,107.00, Globe Office a Interiors at $18.50 each, and Minnesota Supply Company at $21.91 each. Councilman Richards' motion for award to recommended low bidder, Miller Davis Mr. Hyde presented tabulation of three .. bids for stacking chairs for the Edina Art Center. ~ Co.mpany was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Motion carried. PRE-CAST CONCRETE ROOF FOR EDINA ART CENTER APPROVED. tion,of tw? t@ds for a ?re-cast e-!. concrete I i + roof f0.r the Edfna,Art,CFtef,,shoying SpaAcrete Midwest Chmhany low bidder -at $2,175 .O'O , with PrsStressed Concrete, Inc., bidding $2,626.00. Councilman Shaw's motion for award to recommended low bidder, Spancrete Midwest Company, was seconded by Councilman Richards. Mr. Hyde presented tabula- 1'. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None . ;Hotion carried. z * I*, ' .- - If. , L - - ** ., I. .. ** 11/21/77 ' 46 GARBAGE COLLECTION BIDS CONTINUED TO DECDBERr5, 1977, by motion of Councilman -Courtney, seconded by CouncFlman~"Shaw.. Ayes: Nays: None L Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Motion carried. COMPACT CARS TO BE BID VITH COUNTY. County for six compact cars was seconded by Councilwoman Schmidt, Councilman Courtney's motion to bid with the Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg ~ Nays: None Motion carried. c I ORDINANCE NO. 761 ADOPTED ON SECOND READING. ance 761 for Second Reading and moved its adoption as follows: Councilwoman Schmidt offered Ordin-. - I ORDINANCE NO. 761 AN ORDINANCE-PROVIDING FOR THE LICENSING AND INSPECTION OF HOTELS, LODGING-AND BOARDING HOUSES, AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF ,EDINA ORDAINS: Section 1. Definitions. Whenever used in this ordinance, the definitions for hotel, lodging house, and boarding house shall be given in Minn. Stat. 157.01, as amended. "Board" ~s used in Minnesota Health Department regulations MHD 151 and 152, adopted by reference, shall 'operating a hotel, lodging house, or boarding house within the City of Edina unless mean the City of Edina Sec.b2. License Required. No person shall operate or engage in the business of a license has been obtained from the City of Edina. houses and boarding houses shall'be as follows: Sec. 3. Required License Fee, The annual license fee for hotels, lodging (1) Hotels, one (1) to fifty (50) rooms $100.00 For each additional room over fifty 1000 , - (2) Lodging and Boarding Houses, per location 50;OO If a boarding house is required to have a food establishment license, the board- 'ing house license fee shall'be one half of the-required fee under this section. -I Sec. 4. Regulations. There is hereby adopted and incorporated by refFrence Minnesota State Board of Health, Chapter Nine: Lodgiag Estzblishments,. at least one copy 3f which shall be marked as "official I MEID 1517,160 Requirements for & *Y-- -'*copy" and filed for use and examination by the.-public in the office of the City Cle.6~ Sec, 5. 'License Procedure or Control: Penalties. The provisions of Ordinance I No, 141 of the City, includillg the penalty provisions thereof, shall apply to all . This ordinance shall be in full force and effect upon its passage and licenses required by this ordinance and to the. holders of such licenses. Sec. 6. publication. Motion €or adoption of the ordinance was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinaoce adopted, ATTEST: ' Mayor = . .. . . -- - 6 City Clerk COLONT-BL CHURCH OF EDINA FIRST ADDITION DOCUMENTS APPROVED; COLON~AL-WAY EST-. ABLISHZD. ing resolutions and moved their adoption: . RESOLUTION BE IT RESOLVED that the Edina City Council authorize the appropriate City offi- cials to execute and deliver the Colonial Church Parking Lot Agreement and, further, that the Edina City Council does hereby accept the quit claim deed releasing the-easement over the Fire Station property in favor of the Church. As recommended by Mr . Erickson, Councilman -Courtney offered the f ollo'w- - * -- . f rf' RESOLUTION ESTABLISHING PORTION OF .I . I. . % ., COLONIAL WAY WIB&, the. City of Edina is the fee owher of the fbllowing described premises: Tract A: The East 693 feet*of the South 30 feet of the North 693 feet of the NE 1/4 of them 1/4 of Section 5, Township 116, Range The South-30 feet of the North 60 feet of that part of the East 233 feet of tho- NE 1/4 of the NW 1/4 of Section 5, Township 116, Range 21, Hennepin County, Minnesota, lying South of the North 663 feet thereof; and 21, Heanepin County, Minnesota; and 1 Tract B: .. .. . .. .. .. . 5 . 11/21/77. 47 .*WIEREAS, said Tract B is subject-to an easement for purposes of ingess and egress established by Document No. 414489 .on file in the office of thg Hermepin 'County Recorder in-favor of the Colonial Church of Edina, a Minnesota non-profit corporation, as fee owner of Lot 1, Block 2, Colonial Church of Edina First Addition; and WHEREAS, said Tract A and Trace B are-contiguous to Colonial Way, as dedicated in the plat of said Colonial Church of Edina First Addition, and provide-access thereto from Tracy Avenue;;.and WHEREAS, The Colonial Church of Edina has offered to release its easement over and across said Tract B if the City will dedicate said Tract A and Tract B to the public, for street pruposes; . NOW, THEREFORE, BE IT RESOLVED that the City of Edina does hereby accept the ' quit claim deed from the Colonial Church of Edina of the above descrtbed Tract B for purposes of releasing the Easement of Ingress and egress established by DocGent No. 414489 on file in the office of the Hennepin County Recorder; and BE IT FURTHER RESOLVED that the above described Tract A and Tract B are hereby dedicated to the public for street purposes, said premises .to be known as "Colonial Way". Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. HEARING DATES SET FOR SCRIVER.ZOAD PUBLIC IMPROVEMENTS Dunn, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON As recommended by Mr. VARIOUS IMPROVEMENTS 1. The City Engineer, having submitted to the Council a preliminary report as I to the feasibility of the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such impfovements, said report is hereby approved and directed to be placed on file in thi? office 2. asted in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper odce B week €or two successive weeks, the second of which publication is to be not -less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: ' of the City'Clerk. 'Edina City Hall, to consider itn public hearing the views of all persons inter- This Coun-cil shall meet on Monday, December 19, 1977, at 7:OO P.M. in the ',. .' (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA I. *1: NOTICE OF PUBLIC HEQING SANITARY SEWER IMPROVEMENT = NO. P-SS-347 PERMANENT STREET SURFACING (INCLUDING BASE) WATERMAIN IMPROVEMENT NO. P-WM-331 L WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-232 EDINA CITY C.OUNCIL WILLMEET at the Edina City Hall on Monday, December 19, 1977, at 7:OO p.m. to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: 1. SANITARY SEWER IMPROVEMENT NO. P-SS-347 The approximate EST TED . COST \ _I Scriver Road in Taft's Addition $6,661.97 2. WATER'MAIN IMPROVE?.ENT NO. p-m-331 Scriver Road from B'lake Road to the West line of Taft's .Addition AND GUTTER Scriver Road in Taft's Addition $21,440.83. 3. PERMANENT STREET SURFACING (INCLUDING BASE) WITH CONCRETE CURB ~ rr- $16,271.50 . The area proposed'to be assessed for the cost of the proposed Sanitary Sewer under No. 1 above (Improvement No. P-SS-347) and Permanent Street Surfacing (including base),with Concrete Curb and Gutter under No. 3 above (Improvement No. P-BA-232) includes, Lots 2 ani!-3, Block 1 and Lots 1 and 2', Block 2, Taft's *.? Addition. . Watermain under No.'2 above (Improvement No. P-WM-331) includes Lots 1, 2, 3 and , .; 5, Block.1, Lots 1, 2 and 3, Block 2, Hyland Acres, Lots 2 and 3, Block 1, and r Tde area.propbsed to be assessed for the cost of the proposed Lots 1 and 2, Block 2, Taft's Addition. , BY 0RI)ER ,OF THE EDINA CITY COUNCIL. . Florence B. Hallberg City Clerk .( 11/21/77 Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg - .. Nays: None Resolution adopted. MR. DALEN COMMENDED ON DUTIES AS DEPUTY REGISTRAR. mented Mr. Dalen upon his letter received from the Department of Public Safety of the State of Minnesota, commending him on the outstanding manner in which he executes his duties as a Deputy Regkstrar. CLAIMS PAID. for payment of the following claims as per Pre-List: General Fund, $55,124.89; Park Fund, $3,535.69; Art Center, $1,796.27; Park Construction, $2,126.72; Golf Course,, $2,463.52; Arena, $4,092.95; Gun Range, $495.50; Water Works, $3,959.16; Sewer Fund, $72,824.87; Liquor Fund, $354,501.87; Construction $139,877.17; IBB, $1,250.00; Total, $642,048.37. No further business appearing, Councilman Courtney’s motion for adjournment was seccmded by Councilman Shaw. Mayor Van Valkenburg compli-..- .. I Motion of Councilwoman Schmidt was seconded’ by Councilman’ Richards Adjournment at 9:50 p.m. City Clerk f 1. .. .I .. .- m. . .- .. .I , _. . ..