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HomeMy WebLinkAbout19771205_regularOF THE EDINA CITY Answering rollcall were members Valkenburg. MINUTES REGULAR MEETING OF THE COUNCIL HELD AT CITY HALL DECENBER 5, 1977 Courtney, 'Richards, Shaw and Mayor Van LEAGUE OF WOMEN VOTERS PRESENTATION OF 1978 CALEhDARS was made to the Council by Mrs. Marion White, in.the absence of Mrs. Kay Bach, League President. Mayor Van Valkenburg asked Mrs. White to convey the Council's thanks for the calendars to the League of Women Voters and to express their apprecfation for the League's continuing service to the City. MRS. MARION WHITE COMMENDED. Mayor Van Valkenburg presented Mrs. Marioa White with a Commendation Award from the City of Edina in recognition of her faith- ful service for many years as Council Observer for the League of Women Voters. ORDINANCE NO. 811-A CONTINUED TO DECEMBER 19, 1977. Affidavit of Notice was presented by Acting Clerk. Mr. Erickson advised Council that because proper notice had not been given, Council could hear the matter but could not take action. Nr. Hughes presented the petition of Edina Cleaners and Launderers, 4500 France Avenue, to amend the Zoning Ordinance to allow laundries as a principal use in C-1 Commercial Districts.' He advised that the proponent had requested permission to expand its present dry cleaning and laundry facilities - into the rear portion of the Westgate Theater Building and had been informed that 1) the existing laundry site and theater are presently zoned C-1, that 2) laundries are not an allowable use in C-1 districts and thus the present laundry is a non-conforming use, that 3) 1aundries.are allowed in C-2 districts provided that the rooms containing the laundering process do not exceed 2500 sq. feet. It was determined that the existing establishment contains approximately 7000 square feet, with the exact area devoted to laundering processes not determined and the proposed expansion of the laundry facility would add approx- inately 3000 square feet. accomplish the required expansion, the City would have to either rezone the property C-2 or amend the zoning ordinance to allow laundries as a principle use in C-1 districts; and that if either of these actions were taken a variance would be required to exceed' the 2500 square foot limitation. . advised Council that the Planning Commission recommended an ordinance amendment which would allow laundries in the C-1 districts and that a variance be granted by the Board of Appeals. Mr. Howard Dahlgren, representing Mr. Martin Stein, owner of the Westgate Theatre and Mr. Davis Stotts, owner of the Edina Cleaners and Launderers, both being present, presented graphics of the proposed ex- pansion including improvement and landscaping of the existing parking lot and relocation of the loading area to the rear of the building. Council that businesses and residents in the area have been contacted and had signed a letter of support for the proposed expansion. expressed concern regarding the excessive variance of approximately 10,000 sq. feet which would be requested of the Board of Appeals and possible future variance requests in other C-1 districts. was made by Councilman Richards and seconded by Councilman Shaw to continue the matter to December 19, 1977, to provide proper notice and additional time to consider the matter. Staff had further advised the proponent that to Mr. Hughes He informed the Councilman Richards After considerable discussion, motion Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. RYAN CONSTRUCTION COIPANY GRANTED PRELIMINARY APPROVAL OF PRD-3 ZONING; PRELIMINARY PLAT HEARING DATE SET. had last heard this matter, the proponent was able to Lnclude an additional one acre parcel of property into the development proposal, which would bring the total number of townhouse units to 90 for low and moderate income families. He recalled that the Planning Commission in a preliminary review had recommeoded approval of the rezoning for the original 80 units and that the proposal was designed in anticipation of including the one acre parcel at a later date. granted preliminary rezoning by the Council, final plans will be submitted, to the Planning Commission for review. Mr. Hughes also advised the Council. that he had received word from Hennepin County that the tax increment district for southeast Edina, which would include the Ryan deyelopment, was accepted and certified. hearing. on the preliminary plat for the low and noderate income development. Mr. Hughes advised that since the Council If Mr. Alan Schaclcman of Ryan Construction Company was present at the He requested the Council to set a hearing date of January 16, 1978, He was 12/5/77 1 32 2 .- advised by the Couincil that the City Ordinance No. 801 requires the Planning Commission to have held a hearing on the proposed plat before the Council sets a hearing date; that the Planning Coinmission had not yet held such a hearing; that setting the hearing date now does not comply with the ordinance procedure. He was further advised that someone may object to the validity of the plat due to such noncompliance and such objection may cause difficul- ties and delays for the owner and developer. lir. Schackman, nevertheless, asked the Council to set a hearing date now. motion was seconded by Councilman Richards, setting January 16, 1978, as the hearing date for Preliminary Plat - Ryan Construction Company. Thereupon, Councilman Courtney's Ayes: Courtney, Richards, Shaw, Van Valkenburg Nzys: None Motion carried. I Councilman Courtney then offered Ordinance No. 811-A109 for First Reading as follows : ORDINANCE NO. 811-k109 . BY ADDING TO THE PLANNED RESIDENTLAL DISTRICT (PRD-3) Paragraph 4 of Sectrion 5 of Ordinance No. 811 of the City AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) THE CITY COUNCIL OF EDINA, IIINNESOTA, ORDAINS: Sectihn 1. is enlarged by adding the following thereto: "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following property: The West one-half of the East one-half of the Northeast one-quarter of the Southwest one-quarter of Section 32, Township 28N, Range 24W, and the Northerly 2/3 of the West 3/5 of the South one-half of the East one-half of the East one-half of the Northeast one-fourth of the Southwest one-fourth of Section 32, Township 28N, Range 24W of the fourth principal meridian, according to the United States Survey thereof, and situated in Hennepin County, Minnesota; and The Southerly one-third of the Westerly three-fifths of the East one- half of the Southeast one-quarter of the Northeast one-quarter of the Southwest one-quarter all in Section 32, Township 28, Range 24, Hennepin County, Minnesota (which is in Sub-District PRD-3). Sec. 2. I This ordinance shall be in full force and effect upon its passage and publication. DIVISION OF LOTS 1 AND 2, BLOCH1, BROOKVIEW HEIGHTS 3RD ADDITION APPROVED. 3Ir. Hughes presented the petition for division of Lots 1 and 2, Block 1,. Brook- view Heights 3rd Addition, to realign the lot line between the two lots to allow a structure to be constructed on' Lot 2 without variances. being heard, Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, the following described tracts of land are now separate parcels: Lots 1 and 2, Block I, Brookview Heights 3rd Addition, Jacobson Replat; and WHEREAS, the owners of the above tracts of land desire to combine said tracts ineo the following described new and separate parcels (herein called "Parcels") : Lot I except that part lying Easterly of the following described line: Commencing at the Northeast corner of Lot 1, thence Southerly along the East line of Lot 1 a distance of 126.72 feet to the.point of beginning, thence Southwesterly to a point on the South line of Lot 1, said point .,bekg 12.0 feet Northwesterly of the Southeast corner of Lot I, as measured along the South line of Lot 1, Block 1, Brookview Heights 3rd Addition, Jacobson Replat and there terminating; and Lot 2 and that part of Lot 1 lying Easterly of the following described line: Commencing at the Northeast corner of Lot 1, thence Southerly along the East line of Lot 1 a distance of 128.72 feet to the point of beginning, thence Southwesterly to a point on the South line of Lot 1, said poiat being 12.0 feet Northwesterly of the Southeast corner of Lot I, as measured along the South line of Lot 1, Block I, Brookview Heights 3rd Addition, Jacobson Replat and there terminating; and No objections RESOLUTION . I WHER?3AS, it has been determined that'compliance with the Subdivision and Zoning Regulations of the City of Edina nil1 create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and the ownership of said Parcels as separate tracts of land 12 /5 / 77 ishereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance 811 iire hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None . Resolution adopted. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended Councilman Courtney moved that the following matters be set for December 19, 1977: 1. Subdivisions by Mr. Hughes, hearing on a. Brookview Heights 5th Addition - Generally located East of Cahill Road and Nine Mile Creek, West of M.N. & S. Tracks and North of W. 70th Street (an extention of Limerick Lane); Edina Interchange 6th Addition - Generally located East of Metro Boulevard, West of T.H. 100 and North of Edina Industrial Boule- vard; Dewey Hill Addition (Schuster Property) - Generally located North of W. 78th Street, West of Braemar Park and South of Dewey Hill Road ' b. c. 2. Rezoning and Subdivision a. Banco Properties, Inc., - Northwestern Bank Addition - Planned Industrial District to 0-1 Office District - Generally located at Washington Avenue and Valley View Road; and setting January 16, 1978, as hearing date on: .l. Southwest Edina Plan Amendment. Motion was seconded by Councilman Shaw. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. WILSON PROSPECT HILLS DIVISXON FINAL PLAT APPROVED. Mr. Hughes presente6 Wilson Prospect.Hil1.s Division for final plat approval, and advised.Counci1 that approval is recommended subject to parkland dedication. No objections . being moved BE IT heard, Councilman Courtney- offered- the following resolution and its adoption: RESOLUTION APPROVING FINAL PLAT OF WILSON PROSPECT HILLS DIVISION ICESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Wilson Prospect Hills Division", platted by Russell R. and Katharine E. Wilson, and presented at the Edina City Council Reeting of December 5, 1977, be and is hereby granted final plat approval, subject to receipt of parkland dedication. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. RYAN'S ADDITION'FINAL PLAT APPROVED. Mr. Hughes presented Ryan's Addition, located at the Northeast corner of Limerick Lane and Brook Drive, for final plat approval, advising Council that preliminary appl-mal was granted on December 6, 1976 for this subdivision and according to City ordinance, if the plat is not granted final approval within one year of the date of pre- liminary approval, then the subdivision is automatically rejected. Although hardshells and linens for the subdivision have not been submitted, the proponents have requested final plat approval at this time to prevent reject- ion of the plat. of hardshells and linens and a deed for Outlot A. Councilman Courtney offered the following reso,lution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF Staff recommended final plat approval subject to receipt Following discussion, RYAN'S ADDITION BE IT RESOLVED by the.City Council of the City of Edina, Minnesota, that that certain plat entitled "Ryan's Addition",-platted by John E. Ryan and Ifary A. Ryan, and presented at the Edina City Council Meeting of December 5, 1977, be and is hereby granted final plat approval, subject to receipt of hardshells and linens and a deed for Outlot A. 34 Mo ion for adoption / Rollcall: 12/5/7 7 f th resol ition as seconded by Councilman Richards. L Ayes : Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. LETTER CONCERNING EiELODY LAKE/T.H. 100 DISCUSSED. Mr. Rosland advised Council that a letter had beenreceived from the Eiinnesota Department of Transpor- tation in response to property owners’ concerns and the Resolution adopted by the Council on August 15, 1977, concerning the present condition of Nelody Lake. Mr, William Crawford, District Director, stated in the letter that they had investigated the physical and chemical quality of Melody Lake in relation to the reconstruction of T.H. 100 and enclosed the findings of this investigation. 3ir. Lou Opperman, 5713 Melody Lane, was present and a copy of the letter and findings .were given to him. directed the staff to study the findings and report back to the Council on December 19, 1977, as to their recommendations. Mayor Van Valkenburg DALE JOHNSON BUILDERS , GLEN GROVE AND RICHARD ‘MCNAMARA SUIT FILED. Gdvised Council that a suit has been filed against the City by Dale Johnson Builders, and Messrs. Glen Grove and Richard IIcNamara to recover expenses incurred for hookup to sewer and water connections at homes at 7405 and 7424 Byde Park Drive, and that the matter has been referred to Counsel and the insurance company. MR. AND IfRS. THOETAS 0. WILLETT NOTICE OF CLAD1 FILED. Council was advised of the filing of a Notice of Claim by Nr. and Mrs. Thomas 0. Willett for damages to their property at 5809 Beard Avenue South in.the storm of August 30, 1977. The matter has been referred to the insurance company and to the City Attorney. No forinal action was taken. 1978 C0N”ITY HEALTH SERVICES CONTRACT WITH BLOOIIINGTON CONTINUED. Mr . Rosland advhed Council that the .1978 Community Health Services Contract with Blooming- ton provides for a six percent increase over the 1977 contract cost, with no other major changes, and that the services provided have been very satisfactory. Upon Mr. Rosland’s recommendation, Councilman Shaw’s motion was seconded by Councilman Richards to refer it to the Advisory Board of Health for review and bring it back to Council at the December 19, 1977, meeting for formal action. The aotion was unanimously carried. Mr. Rosland No formal action was taken. .. I FLTNDING.OF SOUTH HENNEPIN HUMAN SERVICES COUNCIL DUSCUSSED. Hr. Roslan6 reported that he and and Mayor Van Valkenburg had met with representatives of Hennepin County in regard to 1978 funding of South Hennepin Hman Services CouncilIand that there would be additional hearings on this matter. action was taken. No formal MXTROPOLITAN WASTE CONTROL COMNISSION JOINT USE RENTAL AGREEMENT FOR 1978 APPROVED. Hr. Rosland called Council’s attention to a letter from the Metro- polifan Waste Control Commission indicating their desire to renew the Joint Use Rental Agreement No. 146 between the City of Edina and the 31etropoEZa-n TJaste Control Commission, under the same terms and conditions which are presently in force. Courtney to renew the Joint Use Rental Agreement for 1978 with the Metro- politan Waste Control Commission. Councilman Shaw’ s motion was seconded by Councilman Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. I DICKEY/SIIERIDP,N EASEMENT RELEASE APPROVED. Mr. Dunn advised Council that a port5on of the Dickey property at 50th and France had.been inadvertently . included in the legal description of an easement dated June 30, 1975, given by the Sheridans to the City of Edina, and that the release of this easement was in order. its adoption: BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and Clerkato execute a quit claim deed for: . Councilman Courtney offered the following resolution and moved RESO~UTION The North 10 feet of the South 20.5 feet of the South 60.5 feet of the East 9 feet of the West 19 feet of Lot 24, Auditors Subdivision No; 172, Hennepin County, Minnesota, .12/5/77 35 for purposes of releasing the easement granted to the City of Edina in qnd over the above described property by that certa-in easement dated June 30, 1975, filed July 8, 1975, in the fknnepin County Recorder's office as Document No. 4150502, in which the above described parcel had been mis talcenly included; provided, however, that the property described in the easement, other than that above described, is not released from, but shall remain subject to, said easement. Motion for adoption of the resolution-was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. HUMAN RELATIONS COMMISSION APPOINTMENTS APPROVED. Van Valkenburg, motion was made by councilman Richards and seconded by Councilman Courtney to appoint the following additional members to the Human Relations Commission: Messrs. Richard P. Mahoney and Lee B. Otis. As recommended by Mayor Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion adopted. INFORMATIONAL MEETING SCHEDULED DECEMBER 10, 1977. Mr. Rosland invited Council to an informational meeting open to the public to be held on December 10, 1977, at 9 a.m. in the.Conference Room at City Hall. Planning Department staff will , explain the Community Block Development Grant process and housing programs in existence now and will also report on recent housing assistance provided to residents of Edina. VOLUNTEER SERVICES COORDINATOR POSITION ESTABLISHED. Mr. Rosland reported to the Council that'a previous CETA position had been converted to that of Volunteer Services Coordinator and that Ms. Cecelia Smith has been appointed to fill the coordinator position. RESIGNATION OF ROBERT DUNN NOTED. Dum, Director of Public Works and Engineering, has tendered his resignation effective January 6, 1977, and has accepted a position as a private consultant. Mayor Van Valkenburg wish Mr. Dunn success in his new position. YEAR-END MEETING DATE SET FOR DECEMBER 29, 1977, at 4:30 p.m. as recommended by Mr. Rosland, was approved by motion of Councilman Courtney and seconded by Councilman Richards. Mr. Rosland advised Council that Mri Robert Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. HEARING ON INDUSTRIAL REVENUE BONDS SET FOR JANUARY 16, 1978. Mr. Rosland recommended that the subject of industrial revenue bonds be heard on January 16, 1978, to allow preliminary discussion in regard to concept and philosophy. participate who could provide unbiased information. Motion of Councilman Shaw was seconded by Councilman Richards to set January 16, 1978, as the hearing date. Mayor Van Valkenburg suggested that presentors be invited to Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. GARBAGE AND REFUSE COLLLCTION BID AWARDED. Tabulation of bids received for garbage and refuse collection for Morningside, City properties and the 50th and France Commercial District, showed Able Sanitation at $49.95/residence in Morningside for once a week collection or $69.85/residence for twice a week collection; $12,742.85 for City properties; and $l.O7/cubic yard for the 50th and France Commercial District. Service quoted $58.93/residence in Morningside for once a week collection, with no bid for twice a week collectton; $16,288.56 for City properties; and $1.35/cubic yard for the 50th and France Commercial District. Courtney's motion for award to recommended low bidder, Able Sanitation for once a week collection in Morningside at $49.95/residence; $12,742.85 for City properties and $1.07/cubic yard for the 50th and France Commercial . District, was seconded by Councilman Richards. Bid submitted by Woodlake Sanitary Cpuncilman Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. 12/5/77 .- USED CIRCLE AND DRAWBAR FOR ROADGRADER BTD ANUUIED.' Nr. Rosland recommended bid be awarded to Tri-State Nachinery for a used circle and drawbar for a Kuber 6D-2 Roadgrader at $1,250, this being the only bid submitted for used- equipment, which is as good as new. Councilman Courtney's motion for award of bid to Tri-State Machinery was seconded by Councilman Shaw. 36 Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. .BID AWARDED FOR CITY OF EDINA VEHICLE LOGOS. Nr. Rosland advised Council that Vernon Company's bid of $1,593.50 for City of Edina vehicle logos was the only bid received; that Lyle Signs had been asked for a quote but could not compete for the bid since Vernon Company had already done the origirral art work. Upon motion of Councilman Shaw, seconded by Councilman Richards, award of bid was made to Vernon Company. . Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. , AERIAL SURVEY MAPS PURCHASE CONTINUED. Nr. Dunn advised Council that as professional services, bids are not required for purchase of aerial survey maps, but that two quotes had been obtained: at $20,835.00 and Aero-Motive Engineering at $23,985.00. He recalled that $20,500 had been received from the bonding company in settlement for the unsatisfactory aerial maps taken by the Harry S. Johnson Company. Valkenburg inquired if new maps were really necessary and if so, whether or not maps.of this type could be obtained from other state agencies. motion of Councilman Shaw, seconded by Councilman Richards, the matter was continued to December 19, 1977, to allow staff time to check other possible sources to minimize the cost. Eiark Hurd Aerial Surveys, Inc. Hayor Van Upon . Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. HURIEG DATE SET FOR OERTEL CONSTRUCTION COMPANY'S APPEAL OF BOARD OF &PEALS . DECISIOH FOR LOT 6, AUDITOR'S SUBDIVISION 259. was seconded by Councilman Shaw setting January 16, 1978, as hearing date . for the appeal of Oertel Construction Company of a Board of Appeals decision on construction of a dvelling on Lot 6, Auditor's Subdivision 259. Councilman Richard's motion Ayes: Courtney, Richards, Shaw, Van Valkenburg Rays: None Motion carried. TAX FORFEITED LANDS DECLARED "NON-CONSERVATION AND FOR SALE"; ONE PARCEL TO BE ACQUIRED BY CITY. September 14, 1977, of tax forfeited non-conservation kind, together with the Mr. Rosland-presented Hennepin County' list, dated - recomwndation that the City acquire one parcel. the question of whether the City notifies adjacent property owners when such land is for sale, and if not, suggested that this be done whenever such notification is received from Hennepin County. offered the following resolution and moved its adoption: IHEREAS, the City Council of the City of Edina, Hennepin County, Hnnesota, has received from the County Finance Division Nanager of Hennepin County, Minnesota, a list of lands in said City which became the property of the State of Ninnesota under the provisions of law declaring the forefeiture of lands . to the State for non-payment of taxes, which said lis? is dated September 14, 1977; and IHEREAS, each parcel. of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation-land and the sale thereof has heretofore been authorized by said Board of Commissioners; NW, THEREFORE, BE IT RESOLVED, by said City Council, acting pursuant to llinnesota Statutes, 1957, Section 282.01, Subd. 1, that the said classification by said Board of County Commissioners.of each parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the same is hereby approved. Hotion for adoption of the Resolution was seconded by Councilman Shaw. Mayor Van Valkenburg raised Councilman Courtney then RESOLUTION I Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. 12/5/77 l p. 5 a 5 I .. 37 t Councilman Courtney then offered the following resolution and moved its adoption approving acquisition of tax forfeited land as iisted in Henilepin County Finance Division Manager's list dated September 14, 1977: RESOLUTION APPROVING ACQUISITION OF TAX FORFEITED LAND BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be authorized and directed to file, "Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin County Finance Division Manager's list dated September 14, 1977, said property to be used by the City of Edina as hereinafter set forth: Plat 73972, Parcel 4020 (1954) - That part of Lot 17 in the lake and lying North of North line of Lot 4, Block 1, Indian Hills - for Water Storage. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. HEARING DATE SET FOR VARIOUS IMPROVEMENTS. As recommended by Mr. Dunn, Council- man Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON SANITARY SEWER IMPROVDENT NO. P-SS-347 WATERMAIN IMPROVEMENT NO. P-WM-331 AND PEFXANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER NO. P-BA-232 1. 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 improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. Edha City Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3. and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The City Engineer, having submitted to the Council a preliminaryreport as to . 2. This Council shall meet on Monday, December 19, 1977, at 7:OO p.m. in the The Clerk is hereby authorized and directed td cause notice of the tLme, place (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE 0F.PUBLIC HEARING SANITARY SEWER IMPROVEMENT NO. P-SS-347 PERMANENT STREET SURFACING (INCLUDING BASE) WITH CONCRETE CURB AND GUTTER . WATERMAIN IMPROVEMENT NO. P-WM-331 ZMPROVEMENT 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. .The approximate cost of said improvements are estimated by the City as set forth below: ESTIMATED- COST 1. Sanitary Sewer A. Improvement No. P-SS-347 Scriver Road in Taft's Addition 2. Watermain A. Improvement No. P-TJM-331 Scriver Road from Blake Road to the West line of Taft's Addition 3. Permanent Street Surfacing (Ineluding Base) with Concrete Curb and Gutter A. Improvement No. B-BA-232 $ 6,661.97 21,440.83 16,271.50 , Scriver Road in Taft's Addition 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. The area proposed to be assessed for the cost of the proposed 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 Lots 1 and 2, Block 2, Taft's Addition. Florence B. Hallberg City Clerk . I 12/5/77 Notion for adoption of the resolution was seconcIz4 Courtney, Richards, Shaw, Van Valkenburg Rollcall : Ayes : Nays: None Resolution adopted . by Councilman Richards. LIQUOR FUND as of October 31, 1977, was reviewed and ordered placed on file by motion of Counci.lman Shaw, seconded by Councilman Courtney, and unanimously carried. CLAIMS PAID. Notion of Councilman Shaw was seconded by Councilman Courtney for payment of the following claims per pre-list: Revenue Fund, $311,776.00; Park Fund, $26,634.69; Art Center, $6,593.79; Park Construction, $16,298.45; Park Sinking Fund, $322,362.79; Swimming Pool, $1,519.99; Golf Course, $2,104.08; Arena, $6,606.85; Gun Range, $714.00; Water Works, $12,592.22; Sewer Fund, $1,567.75: Liquor Fund, $432,176.82; Construction, $146,796.07; PIR, $4,572.00; IBR, $2,947,134.22; Total, $4,817,112.44. + f. I General Fund, $577,362.72; Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. Council's agenda having been covered, Councilman Courtney's motion for adjourn- ment was seconded by Councilman Shaw. Adjournment at 8:55 p.m. Acting City. Clerk I 49 MINUTES OF *WE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY €?ALL DECEMBER 5, 1977 Answering rollcaI3. were members Courtney, Richards, Shaw and Nayor Van Va lkenbur g . 'LEAGUE'OF WOMEN T&S PRESENTATION OF 1978 CALENDARS was made to the Council by Mrs. Marion Mite, in the absence of Mrs. Kay Bach, League President. .- Mayor Van Valkenbmg asked Mrs. White to convey the Council's thanks for the calendars to the League of Women Voters and to express their appreciation for the League's continuing service to the City, .MRS. MARION WHITE COMNENDED. Mayor Van Valkenburg presented Mrs. Marion White with a Commendation Award from the City of Edina in recognition of her faith- ful service for many years as Council Observer for the League of Women Voters. ORDINANCE NO. 811-8 CONTINUED TO DECEMBER 19, 1977. Affidavit of Notice was presented by Acting Clerk. Mr. Erickson advised Council that because proper notice had not been given, Council could hear the matter but could not take action. Mr, Hughes presented the petition of Edina Cleaners and Launderers, 4500 France Avenue, to amend 'the Zoning Ordinance to allow laundries as a principal use in C-1 Commercial Districts. requested permission to expand its present dry cleaning and laundry facilities into the rear portion of the Westgate Theater Building and had been informed that 1) the existing laundry site and theater are presently zoned C-1, that 2) laundries are not an allowable use in C-1 districts and thus the present laundry is a non-conforming use, that 3) laundries are allowed in C-2 districts provided that the rooms containing the laundering process do not exceed 2500 sq. feet. It was determined that the existing establishment contains approximately 7000 square feet, with the exact area devoted to laundering processes not determined and the proposed expansion of the laundry facility would add approx- imately 3000 square feet. accomplish the required expansion, the City would have to either rezone the property C-2 or anend the zoning ordinance to allow laundries as a principle use in C-1 districts; and that if either of these actions were taken a variance would be required to exceed the 2500 square foot limitation. advised Council that the Planriing Commission recommended an ordinance amendment which would allow laundries in the C-1 districts and that a variance be granted by the Board of Appeals. owner of the Westgate Theatre and Mr. Davis Stotts, owner of the Edina Cleaners and Launderers, both being present, presented graphics of the proposed ex- pansion including improvement and landscaping of the existing parking lot and relocation of the loading area to the rear of the building. Council that busbesses and residents in the area have been contacted and had signed a letter of support for the proposed expansion. expressed concern regarding the excessive variance of approximately 10,000 sq. feet, which would be requested of the Board of Appeals and possible future variance requests in other $-1 districts. was made by Councihan Richards and seconded by Counciimzn Shaw to continue the Eatter to December 19, 1977, to provide proper notice and additional time to consider the matter. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. He advised that the proponent had Staff had further.advised the proponent that to Mr. Hughes Mr. Howard Dahlgren, representing Mr. Martin Stein, He informed the Councilman Richards After considerable discussion, motion RYAN CONSTRUCTION CONl?A.NY GRANTED PRnIMINARY APPROVAL OF PRD-3 ZONING; PRELIMINARY PLAT HEARING DATE SET. Mr. Hughes advised that since the Council had last heard this matter, the proponent was able to include an additional one acre parcel of property into the development proposal, which would bring the total number of townhouse units to 90 for low and moderate income families. He recalled that the Planning Comission in a preliminary review had recommended approval of the rezoning for the original 80 units and that the proposal was designed in anticipation of including the one acre parcel at a later date. granted preliminary rezoning by the Council, final plans will be submitted to the Planning Commission for review, Mr. Hughes also advised the Council that he had received word from Hennepin County that the tax increment district for southeast Edina, which would include the Ryan development, was accepted and certified. hearing. on the preliminary plat for the low and moderate income development. If Mr. Alan Schackman of Ryan Construction Company was present at the He requested the Council-to set a hearing date of January 16, 1978, He was -. - Iz/b;Jl - :;; 58 .. advised by the Council that the City Ordinance No. 804 requires the Planning Commission to have held a hearing on the proposed plat before the Council sets a hearing date; that the Planning Commission had not yet held such a hearing; that setting the hearing date now does not -comply with 'the ordinance procedure. of the plat due to such noncompliance and such'objection may cause difficul- ties and delays for the owner and devgloper. asked-the Council.to set a hearing date now. motion was seconded by Councilman Richards, sett'ing Ja'nuary 16, 1978, as the hearing date for Preliminary Plat - Ryan Construction Companyo He was further advised that someone may object to the validity Mr. Schackman, nevertheless, Thereupon, Councilman Courtney's . Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. 1 Councilnan Courtney then offered Ordinance No. 811-A109 for First Reading as follows : ORDINANCE NO. 811-A109 AN ORDINANCE AMEMDING THE ZONIRG ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) TEIE CITY COUNCIL OF EDINA, MIhTNESOTA, ORDAINS: Section 1. is enlarged by adding the following thereto: "The extent of the Planned Residential District (Sub-District PRD-3) is enlarged by the addition of the following property: The West one-half of the East one-half of the Northeast one-quarter of the Southwest one-quarter of Section 32, Township 28N, Range 24W, and the Northerly 2/3 of the West 3/5 of the South one-half of the East one-half of the East one-half of the Northeast one-fourth of the Southwest One-fQWth of Section 32, Township 28N, Range 24W of the fourth prhcipal meridian, according to the United States Survey thereof, and situated in Hennepin County, EEmesota; and' The Southerly ooe-third of the Westerly three-fifths of the East one- half of the Southeast one-quarter of *the Northeast one-quarter of the Southwest one-quarter all in Section 32, Township 28, Range 24, Hennepin County, Minnesota (which is in Sub-District PRD-3). Sec. 2. Paragraph 4 of Section 5 of Ordinance No. 811 of the City ~ 1 I This ordinance shall be in Zull force and effect upon its passage and publication. Y. DIVISION OF LOTS 1 AND 2, BLOCK 1, BROOKVIEW HEIGHTS 3RD ADDITION APPROVEB. Nr. Hughes presented the petition for division of Lots 1 and 2, Block 1, Brook- . view Heights 3rd Addition, to realign the lot line between the two lots*to _ . allow a structure to be constructed on Lot 2 without variances. being heard, Councilman,Courtney offered the following resolution and moved its adoption: w'B%EAS, the following described tracts of land are now separate parcels+* and WEEREAS, the owners of the above tracts of land desire to combine said tracts into the following described--new and separate parcels (herein called "Parcels") : Lot1,except that part*lying Easterly of the following described line: Codemirig at the Northeaht corner of Lot 1, thence Southerly alorig the East line of Lot 1 a distance of 128.72 feet to the point of beginning, thence Southwesterly to a point on the South line of Lot 1, said po-int being 12.0 feet Northwesterly of the Southeast corner of Lot 1, as measured along the South line of Lot 1, Block 1, Brookview Heights 3rd Addition, Jacobson Replat and there terminating; and Lot 2 and that part of Lot 1 lying Easterly of the following described line: Commencing at the Northeast corner of Lot 1, thence Southerly along the East line of Lot 1 a distance of 128.72 feet to the point of begbning, thence Southwesterly to a point on the South line of Lot 1, said point being 12.0 feet Northwesterly of the Southeast comer of Lot 1, as measured along the South line of Lot I, Block 1, Brookview Heights 3rd Addition, Jacobson Replat and there terminating; pd :WHEREAS, it has bFen determined that compliance with the Subdivision and Zynhg Regrllations of the City of Edina will ,create an unnecessary hardship and Said Parcels as separate traets of land do not interfere with the purposes of the a Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW THERJ3FORE, it is hereby resoived by tie City Co&cil of the City of Edina that the conveyance and the ownership,of said Parcels as separate tracts of land No objections RESOLUTION Lots 1 and 2, Block 1, Brookview Heights 3rd Addition, Jacobson Replat; - I . . I. I .. 12; 5 /7 7 " 51 is hereby approved and the requirements and provisions of Ordinance No. 801 andtordinance 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but arc not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with-the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes : Nays: None Resolution adopted. Courtney, Richards, Shaw,' Van Valkenburg HEARING DATES SET FOR VARIOUS PLAIWING MATTERS. Councilman Courtney moved that the following matters be set for hearing on December 19, 1977: 1. Subdivisions As recommended by Mr. Hughes, a. Brookview Heights 5th Addition - Generally located East of Cahill Road and Nine Mile Creek, West of M.N. & S. Tracks and North of W. 70th Street (an extention of Limerick Lane); Edina Interchange 6th Addition - Generally located East of Metro Boulevard, West of T.H. 100 and North.of Edina Industrial Boule- vard; Dewey Hill Addition (Schuster Property) - Generally located North of W. 78th Street, West of Braemar Park and South of Dewey Hill Road b. C, 2. Rezoning and Subdivision a. Banco Properties, Inc., - Northwestern Bank Addition - Planned Industrial District to 0-1 Office District - Generally located at Washington Avenue and Valley View Road; and setting January 16, 1978, as hearing date on: 1. Southwest Edina Plan Amendment. Motion was seconded by Councilman Shaw, Ayes: Courtney, Richards, Shaw, Vari Valkenburg Nays: None Motion-carried. WILSON PROSPECT RILLS DTVISION FINAL PLAT APPROVED. Wilson Prospect Iiills Division for final plat approval, and advised Council that approval is reco&ended subject to parkland dedication. No objections being heard, Councilman Courtney offered the foliowing resolution and moved its adoption: Mr. Bughes presented RESOLUTION APPROVING FINAL PLAT OF . WILSON PROSPECT HILLS DIVISION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Wilsoil Prospect Hills Division", platted by Russell R. and Katharine E. Wilson, and presented at the Edina City Council Meeting of December 5, 9977, be and is hereby granted final plat approval, subject to receipt of parkland dedication. Motion for adoptfon of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: , None Resolution adopted. RYAN'S ADDITION 'FINAL PLAT APPROVED. Mr. Hughes presented Ryan's Addition, located at the Northeast corner of LFmerLck Lane and Brook Drive, for final , plat approval, advising Council that preliminary approval was granted on December 6, 1976 for this subdivision and according to City ordinance, if the plat is not granted final approval within one year of the date of pre- liminary approval, then the subdivision is automatically rejected. hardshells and linens for the subdivision have not been submitted, the proponents have requested final plat approval at this time to prevent reject- ion of the plat. Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION APPROVING FINAL PLAT OF RYAN' S ADDITION Although Staff recommended final plat approval subject to receipt , of hardshells and linens and a'deed for Outlot A. Following discussion, I BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitles "Ryan's Addition", platted by John E. Ryan and Mary A. Ryan, and presented at the Edina City Council Meeting of December 5, -1977, be and is hereby granted final plat approval, subject to receipt of hardshells and linens and a deedYor Outlot A. iii5f I7 52 .. Motion for adoption of the resolution was,. .seconded by Councilman Richards. Rollcall : -. Ayes: Courtney, Richards, Shaw, Van Valkenburg - . - *,+ Nays: None Resolution adopted. % LETTER CONCERNING NELODY LAKE/T.H. 100 DISCUSSED. that a letter had been received from the Minnesota Department of Transpor- tation in response to-property owners' concerns and the Resolution adopted by the Council on August 15, 1977,,concerning the present condition of Melody Lake. Mr. William Frawford, District Director; stated in the letter that they had investigated the physical and chemical quality of Nelody Lakk in relation to the reconstruction of T.H. 100 and enclosed the findings of this investigation. Mr. Lou Opperman, 5713 Melody Lane, was present and a copy of the letter and findings were given to him. directed the staff to study the findings and report back to the Council on December 19, 1977, as to their recommendations. Mr. Rosland advised Council D Mayor Van Valkenburg .- DALE JOHNSON BUILDERS, -GLEN GROVE AND RICHARD IKNAMARA SUIT FILED. .advised Council that a suit has been filed against the City by Dale Johnson Builders, and Messrs. Glen Grove and Richard McNamara to recover expenses 'incurred-for hookup to sewer and water connections at homes at 7405 and 7424 Hyde Park Drive, and that the matter has been referred to Counsel and the insurance company. MR. AND MRS. THOMAS 0. WILLETT NOTICE OF CLAIM FILED. Council was advised of the filing of a Notice of Claim by Mr. and Mrs. Thomas 0. Willett for damages - to their property at 5809 Beard Avenue South in the storm of August 30, 1977. The matter has been referred to the insurance company and to the City Attorney- No formal action was taken. Mr. RoS1-d No formal action was taken. 1978 COMMUNITY HEALTH SERVICES CONTRACT WITH BLOOMINGTON CONTINUED. Mr. Rosland zdvised Council that the 1978 Community Health Services Contract with Blooming- Eon provides for a six percent increase over the 1977 contract cost, withpo other major changes, and that the services provided have been very satisfactory. Upon Mr. Rosland's recommendation, Councilman Shaw's motion was.seconded by Councilman Richards'to refer it 'to-the Advisory Board of,Health for review and 3ring it back to Council at the December 19, 1977, meeting for formal action. Tie motiorr was unanimously carried. .. *% FUNDING OF SOUTH HENNEPIN HTJMAN SERVICES COUNCIL DUSCUSSED. 3fr. Rosland reported that he and and Mayor Van Valkenburg had met withrepresentatives of Hennepin County in regard to 1978 funding of South Hennepin Htm,a Services Cowcil and that there would be additional hearings on this matter. action was taken. METROPOLITAN WASTE CONTROL COMMISSION JOINT USE RENTAL AGREEXIWC FOR 1978 APPROVED. Mr. Rosland called Council's attention to a letter from the Metro- poliCm Waste Control Commission indicating their desire to renew the Joint Use*Rental Agreement No. 146 between the City of Edina and the Metropolitan kste Control Commission, under The sane terms and conditions which are -i presently in force. Councilman' Shaw's motion was seconded by Councilman , Courtney to renew the Joint Use Rental Agreement for 1978 with the Netro- politan Waste Control Commission. No.formal 5' 2 f. I& Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion.carried, t I DICKEY/SHERIDAN EASEMENT RELEASE APPROVED. Mr. Dunn advised Council that a portion of the Dickey-property at 50th and France had been inadvertently included in the legal description of an easement dated June 30, 1975, given by the Sheridans to the City of Edina, and that the release of this easement was'in order. Councilman Courtney offered the following resolution and moved .. '*- its adoption: c *I , ,I ~ESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the Xayor and Clerk to execute a quit claim deed for: The North 10 feet of the South 20.5 feet of the South 60.5 feet of the East 9 feet of the West 19 feet of Lot 24, Auditors Subdivision No. 172, Hennepin County; Minnesota, I.* .. .., . 12/5/77 53 fb? iiurpdses of releaging the easement granted to the City of Edina- iri and over the above described property by that certain easement dated June 30, 1975, filed July 8, 1975, in the Henriepin County Recorder's office as 'Docum& No. 4150502, in wliich the above described parcel had been mistakenly included; provilled, however, that the property described in the easement, other than that :above described, is not released from, but shall remain subject to, said easement. Motion for adoption of the resolution was seconded by Councilman Shaw, Eollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. HUMAN REIATIONS COMMISSION APPOINTMENTS APPROVED. Van Valkenburg, motion was made by Councilman Richards and seconded by Councilman Courtney to appoint the following additional members to the Human Relations Commission: Messrs. Richard P. Mahoney and Lee B. Otis. As recommended by Mayor Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion adopted. I 'INFORMATIONAL MEETING SCHEDULED DECEMBER 10, 1977. Mr. Rosland invited Council to an informational meeting open to the public to be held on December 10, 1977, at 9 a.m. in the Conference Room at City Hall. explain the Community Block Development Grant process and housing programs in existence now and will also report on recent housing assistance provided to Planning Department staff will b- e a residents of Edina. "VOLUNTEER SERVICES COORDINATOR POSITION ESTABLISHED. Mr. Rosland reported to the Council that a previous CETA position had been converted to that of -. I *y :. : Volunteer Services Coordinator and that Ms. Cecelia Smith has been appointed to fill the coordinator position. RESIGNATION OF ROBERT DUNN NOTED. Mr. Rosland advised Council that Mr. Robert Dtmn, Director of Public Works and Engineering, has tendered his resignation kffective January 6, 1977, and has accepted a position as a private consultant. Mayor Van Valkenburg wish Mr. Dunn success in his new position. YEAR-END MEETING DATE SZT DECEMBER 29, 1977, at 4:30 p.m. as recommended by Mr. Rosland, was approved by motion of Councilman Courtney and seconded by Councilman Richards, t ..*a Ayes: Courtney, Richards, Shav, Van Valkenburg Nays: None Motion carried. HEARING ON INDUSTRIAL REVENUE BONDS SET FOR JANUARY 16, 1978. Mr. Rosland recommended that the subject of industrial revenue bonds be heard on ' January 16, 1978, to allow preliminary disczrssion in regard to concept and phi3osophy. participate who could proyid*e unbiased information. Motion of Councilman Shaw was seconded by Councilman Richards to set January 16, 1978, as the hearjag date. Mayor Van .Vaikenburg suggested that presentors be invited to 3 -,. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. GARBAGE AND REFUSE COLLECTION BID AWARDD. Tabulation of bids received for garbage and refuse collection for Morningside, City properties and the 50th and France Commercial District, showed Able Sanitation at $49.95/residence 2n Morningside for once a week collection or $69.85/.residence for twice a week collec'tion; $12,742.85 'for City properties; and $1.07/cubic-yard for the 50th and France Commercial District. Service quoted $58,93/residence in Morningside for once a week collection, and $1.35/cubic yard for the 50th and France Commercial District. Courtney's motion for award to recommended low bidder, Able Sanitation for City properties and $l.O7/cubic yard for the 50th and France Commercial District, was seconded-by Councilman Richards. Bid submitted by WoodlakeSanitary -' wZtIi no bid for twice a week collection; $16,288.56 for City properties; Councilman I '* once a week'collectinn in Morningside at.$49.95/residence; $12,742.85 for Ayes: Courtney, Richards, Shaw, Van Valkenburg e, Nays: None Motion carried. 54 USED CIRCLE AND DRAWBAR FOR ROADGRADER BID AWARDED. bid bc'awarded to Tri-State Machinery for a used-circle and drawbar for a Mr. Rosland recommended Huber 6D-2 Roadgrader at $1,250, this being the only bid submitted for used equipment, which is as good as new. Councilman Courtney's motion for award of bid to Tr*i-State tfachinery was seconded by Councilman Shaw. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. BID AWARDED FOR CITY OF EDINA VEHICLE LOGOS. that Vernon Company's bid of $1,593.50 for City of Edina vehicle logos was Mr, Rosland advised Council .- I -the only bid received; that Lyle Signs had been Asked for a quote but could Upon motion of Councilman Shaw, sec6nded by Councilman Richards, not compete for the bid.since Vernon Company had already done the original art work. award of bid was made to Vernon Company. Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. AERIAL SURVEY MAPS PURCHASE CONTINUED. Mr. Dunn advised Council that as professional services, bids are not required for purchase of aerial survey maps, but that two quotes had been obtained: at $20,835.00 and Aero-Motive Engineering at $23,985.00, He recalled that $20,500 had been. received from the bonding company in settlement for the unsatisfactory aerial maps taken by the Harry S. Johnson Company. Valkenburg inquired if new maps were really necessary and if so, whether or not maps.of this type could be obtained from other state agencies. motion of Councilman Shaw, seconded by Councilman Richards, the matter was continued to Deceniber 19, 1977, to allow staff time to check other possible sources to minimize the cost. Mark Hurd Aerial Surveys, Inc. Mayor Van Upon Ayes:. Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. HEARING DATE SET FOR OERTEL CONSTRUCTION COMPANY'S APPEAL OF BOARD OF APPEkLs DECISION FOR LOT 6, AUDITOR'S SUBDIVISION 259. was seconded by Councilman Shaw setting January 16, 1978, as hearing date for the appeal of Oertel Construction Company-of a Board of Appeals decision .. cn construction of a dwelling on Lot 6, Auditoi's Subdivision 259. Councilman Richard's motion . - I ...A 1 - Ayes: Courtney, Richards, Shaw, Van Valkenburg Nzys: None Motion carried. TAX FORFEITED LANDS DECLARED "NON-CONSERVATION AND FOR SALE"; ONE PARCn TO BE ACQUIRED BY CITY. Septeniber 14, 1977, of tax forfeited non-conservation land, together with the rscommendation that the City acquire one parcel, Nayor Van Valkenburg raised the question of whether the City notifies adjacent property owners when such land is for sale, and if not, suggested that this be done whenever such Mr. Rosland presented Hennepin County'. list, dated . I notigication is received from Hennepin County. Councilman Courtney then _offered the followhg resolution and moved its adoption: RESOLUTION WgEREAS, the City Councfl of the City of Edina, Hennepin County, Minnesota, has received from the County Finance Division Manager of Hennepin County, Minnesota, a list of lands in said City which became the property of the State of Minnesota under the provisions of law declaring the forefeiture of lands to the State for nonypayment of taxes, which said list is dated September 14, 1977; and WHEREAS, each parcel of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota as non-conservation lmd and the sale thereof has heretofore been authorized by said Board of Commissioners; NOW, TEIEREFORE, BE IT RESOLVED, by said City Council, acting pursuant to Minnesota Statutes; 1957, Section 282.01, Subd. 1, that'the said classification +'- .. - by said Board of County Commissioners of each parcel of'land described in said list as non-conservation land b-e and-the same is hereby approved and that the sale of ,each,Such parcel of land be and the same is hereby.approv&-;:--. Motion for adoption of the Resolution was seconded by Councilman Shaw. I I - - . Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards , Shaw, :Van Valkenburg ., n L uncilman Courtney thm offer 55 3 the following resolution and moved it ,. adoptlon approving- acquisition of tax forfeited land as listed in Henn+in County Finance D-ivisPon Manager's lisr dated September 14, 1977: RESOLUTION APPROVING ACQUISITION OF TAX FORFEITED LAND BE IT RESOLVED by the City,Council of the City of Edina tliat the-City Attorney be authorized and directed to file "Application by Governmental Subdivision for Conveyance of Tax Forfeited Lands", for the following described property contained in Hennepin^County Finance Division Manager's list dated September 14, 1977, said property to be used by the City of Edina as hereinafter set forth: Plat 73972, Parcel 4020 (1954) - That part of Cot 17 in the lake and lying North of North line of Lot 4, Block 1, Indian Hills - for Water Storage. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted . HEARING DATE SET FOR VARIOUS IMPROVEMENTS. As recommended by Mr. Dunn, Council- man Shaw offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON WATEWIN IMPROVEMENT NO. P-WM-331 SANITARY SEWER IMPROVEMENT NO. P-SS-347 AND PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER NO. P-BA-232 1. 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 improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk.. 2. This Council shall meet on Monday, 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.' hnd purposek of said meeting to be published in the official newspaper once a week-for two successive weeks, the second of which publication is to be not less than three days from the date of said-meeting, and to mail notice to all affected properties in substantially the following form: The City Engineer, having submitted to the Council a preliminary report as to The Clerk is hereby authorized and directed to cause notice of the time, place . (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING SANITARY SEWER IMPROVEMENT NO. P-SS-347 WATERMAIN IMPROVEMENT NO. P-WM-331 WITH CONCRETE CURB AND GUTTER PERMANENT STREET SURFACING (INCLUDING BASE) ' IMPROVEMENT NO. P-BA-232 EDINA CITY COUKCIL 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 Minnespta Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: 1. Sanitary Sewer . The approvimate ESTIMATED COST A. Improvement No. P-SS-347 $ 6,661.97 A. Improvement No. P-WM-331 * 21,440.83 ScFiver Road from Blake Road to the West line of Taft's Addition Permanent Street Surfacing (Including Base) with Concrete Curb and Gutter. A. Improvement No. P-BA-232 16,271.50 Scriver Road in Taft's Addition 2. Watermain 3. ~ Scriver Road in Taft's Addition The area proposed to be assessed for the cost of the proposed Sanitary Sewer under base) with Concrete Curb and Gutter under No. 3 above, (Improvement No. P-BA-232) includes Lots 2 and 3, Block 1 and Lors.1 and 2, Block 2, Taft's Addition. The area proposed to be assessed for the cost of the proposed 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 Lots 1 and 2, BJ.ock 2, Taft's Addition. -"No. 1 above (In-iprovement No. P-SS-347) and Permanent Street Surfacing (including Florence B. Hallberg City Clerk -5 - LL7ZIi / r, L?..* 4 %%- -+ .\ - .. ..., J Motion for adoption of the resrulut5cm was seconded by Councilman Richards. 56 Rollcall: Ayes: Nays: None Resolution adopted. Courtney, Richards, Shaw, Van Valkenburg LIQUOR FTJND as of October 31, 1977, was reviewed and ordered plat-ed on file by motion of Councilman Shaw, seconded by Councilman Courtney, and unanimously carried. CLADS PAID. Motion of Councilman Shaw was seconded 3y Councilman Courtney for payment of the following claiks per pre-list : Revenue Fund, $311,776.00; Park Fund, $26,634.69; Art Center, $6,593.79; Park Construction, $16,298.45; Park Sinking Fund, $322,362.79; Swimming Pool, $1,819.99; Golf Course, $2,104.08; Arena, $6,606.85; Gun Range, $714.00; Water Works, $12,592.22; Sewer Fund, $1,567.75: Liquor Fund, $432,176.82; Construction, $146,796.07; PIR, $4,572.00; IBR, $2,947,134.22; General Fund, $577,362.72; ** Total, $4,817,112.44. JX *.zI Ayes: Nays: None >lotion carried. Courtney, Ri-chards, Shaw, Van Valkenburg Council's agenda having been covered, Councilman Courtney's motion for adjourn- msntwas seconded by Councilman Shaw. Adjournment at 8:55 p.m. Acting City Clerk -. . , P 5