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HomeMy WebLinkAbout19780320_regularMINUTES OF THE REGULAR NEETING OF THE EDINA CITY-COUNCIL HELD AT CITY KhLL MARCH 20, 1978 .I Answering rollcall were members Courtney. Richards, Shaw and Mayor Van Valken- burg. MINUTES of February 27, 1978, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. * *r* I. .- -.* *.~ ~ -I . Ayes: Nays: None Motion carried. .. Courtney, Richards , Shaw, Van Valkenburg -I EDINA-EAST HIGH SCHOOL HOCKEY TEAM CONGRATULATED. the following resolution‘and moved its adoption: WHEREAS, Edina’s long-standing superiority in youth hockey was maintained during the 1977-78 season by the Edina-East High School Hockey Team which climaxed its efforts by winning the MINNESOTA STATE HIGH SCHOOL HOCKEY CHAMPIONSHIP TOURNAMENT WHENUS, as representatives of the City of Edina, the members of the team continued to exemplify the highest’ standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, because of their dedication and unselfishness, for providing the leadership to the team; and WHEREAS, Edina-East’s success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina Hockey Association; NOW, m, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf OI the Citizens of Edina, that all members of the Edina-East High School Hockey Team be publicly commended and thanked for their outstanding accomplish- ments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to members of the EdinaiEast Hockey Team: Councilman Courtney offered RESOLUTION OF CONGRATULATIONS - Gary Aulik, Brad Benson, Steve Brown, Tom Carroll, John Donnelly, Mark Gagnon, Greg Hampson, Scott Hampson, Steve Ikola, Scott Johnson, Captain John Kelly, Mike Lauen, Ted Pearson, Bill Peterson, Brad Reynolds, Kent Siminons, Rocky Smith, >Eke Vicanti, Student Managers Fred Field and Rolf Jensen, Head Coach Principal Rolland J. Ring. I . . Willard Ikola, Assistant Coach Ed Zins, Athletic Director Bud Bjerken and Motion for adoption of the resolution was seconded by Councilman Richards and unanimousIy carried. PUBLIC HEARING COhUCTED FOR MORNINGSIDE AREA IMPROVEMENTS. Affidavits of Notice for improvements in the Morningside area were presented by Acting Clerk, approved as to form and orderec? placed on file. hearings were conducted and action taken as hereinafter recorded. Pursuant to due notice given, public A. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO, P-ST.S.-145A IN THE FOLLOWING: Morningside Area CONSTRUCTION OF NE37 AND REPLAC-T CONCRETE CURB AND GUTTER AND NETJ BITUMINOUS STPBET SURFACING Am PaPLACEFENT CONCmTE SIDEWALK R4€’RO\iMENT NO. P-BA-2048 IN THE FOLLOWING: All &mir,gsZde streets except I*?, 44th Street and Frame Averme . B, Mr. Rosland presented total estimated construction cost of the Storm Sewer Improvement No. P-St.S.-145A at $133,313.68, with City of Edina participation at $9,316.72 and a total to be assessed of $123,966.96 with proposed assess- - ment of ‘$20.74/per 1000 square feet per assessable unit. The total estimated construction cost of the New and Replacement Concrete Curb and Gutter and New Bituminous Street Surfacing and Replacement Concrete Sidewalk Improvement No. P-BA-204A at $2,625,658.57, with City of Edina participation at $1,350,856.70 and a total to be assessed of $1,274,801.87 with proposed assessment of $29.89 per assessable foot per assessable unit. held in 1975 on street improvements in the Morningide area had been continued indefinitely, but that a watermain project was completed last year. in-’the Morningside area have again requested that-the matter of street improvement be brought to hearing. it is proposed that minimum storm sewer extensions and upgrading of some existing lines be completed prior to construction of a permanent street surface. Street, on Morningside Road from Grimes to Crocker Avenue, on Crocker Avenue between Morningside Road and W. 42nd Street and on Lynn Avenue from-W. 42nd I Mr. Hoffman recalled that hearings Residents . -- -_- - - _. - In reexamining the storm sewer system, These are proposed on’ Grimes Avenue from lforningside Road to Branson 3 /20/78 ..-. .. . 115 1 .. .- Street to Littel Street. Mr. Hoffman stated that the assessment 'district was P determined in 1968 when the main storm sewer lines were p&+in and the proposed storm sewer imprdvement would be assessed to property owners within that district. Mr. Hoffman advised that under the street improvement proposal on streets which presently do not have them in place. surfacing would be constructed on all Morningside area streets except W. 44th Street and France Avenue with replacement of concrete sidewalk at least an one side of the street. Street, and that the cost estimates include removing elm trees on the boulevard and a reforestation program for the trees lost. that a lighting system for the area is being considered, cost of same to be paid by Community Developmefit Funds. .The estimated costs include construction of a state-aid street system on Grimes Avenue from W. 44th Street to W. 42nd Street and on W. 42nd Street from Grimes Avenue to France Avenue. posed to assess these improvements over a 15 to 20 year period. advised that he had received many letters and telephone calls from residents in the Morningside area and generally they approved the projects, but had expressed several concerns such as need for storm sewer, need for replacement of existing curb and gutter and loss of front yard footage by widening Grimes Avenue thus creating a possible traffic speeding hazard. that the proposed storm sewer project was needed to adequately handle l/2 to 2 inch rainfalls in the problem areas and would provide street drainage and prevent backup of water onto yards; that most of the existing curb and gutter would have to be replaced due to the soil conditions which have caused settling; and that street width itself has not been a factor in speeds of vehicles. He explained that in order to qualify for state aid funds, certain requirements must be met in regard to street width, parking and sidewalks, that approxi- mately $700,000 could be received, thus minimizing the cost to be assessed to property owners. letters from residents in the Morningside area, the majority of which were in favor of the improvements and also receipt of a petition signed by residents on. Gr2mes Avenue stating their opposition to widening of Grimes Avenue in order to meet state aid requirements. Mr. Richard Woehrle, 4234 Grimes Avenue,stated that they were opposed to any widening of Grimes Avenue, and Mr. Yoehrle further objected to assessmekt for the storm sewer project. Mr. Jim Lushine, 4166 Monterey Avenue,voiced approval of the street improvement including constructing Grimes Avenue -to state aid requirements, but stated he was opposed to putting in new curb and gutter where there had previously been none axd that he also objected to the storm sewer project. ation of curb and gutter would provide unifofmity, give controlled drainage and extend the life span of bituminous surfacing. contract for the proposed improvements would probably be let for a two-year period to one contractor to allow for weather conditions and ground settling of sewer trenches. of that assessment would'be in 1981. Mrs. William C. Ankeny, 4216 Grimes Avenue, informed Council that she, together with the other residents on Grimes Avenue had signed the petition and were 100% opposed to any widening of the street in order to obtain state aid funding. Notvik, 4200 W. 42nd Street, Mr. Hoffman advised that the policy of the City for street improvement assessment has been to base the assessment on the front yard footage, plus 1/3 of the sideyard footage for corner lots. 4120 W. 44th Street, stated he opposed the storm sewer project if the-re was no possibility of changing the boundaries for the assessment district inasmuch as his property lay in two districts. request for change of boundaries in the assessment district would have to be heard at the assessment hearing. Moderator of Calvin Christian Church, requested the Council to consider the impact that removing parking from one side of Grimes Avenue vould have on the----- -- church. Mr. Stephen Clapp, 4413 Grimes Avenue, stated that he questioned the benefit to his property and he opposed the street improveinent project. to questions raised by Mrs. Edwia Diel, 4236 Crocker Avenue So., Mr. Hoffman explained that it is proposed to construct sidewalk on one side of the narrower streets and that the walk could.be built to wind around trees that were on the right-oE-way. Mr. Peter Forsmark, 4312 Eton Place, asked if the City of Edina would lose the state aid funds if Grimes Avenue were not constructed to those requirements. Mr. Hoffman stated that the City would not lose any funds as It receives state aid funds each year and they canbe used for any improvements or traffic signals in the state aid street system. to approve the street improvement project without the use of state aid funds for Grimes Avenue. ~,vlstigg c~rb zzd guttzr t?ciAz kt yo_nIt=-aA r-----~ ---- InJ ccrt. 236 gr?tt+r ?.?&Id &.l,ed New bituminous street He explained that no sidewalk is proposed north of 42nd Mr. Hoffman further advised It is pro- Mr. Courtney Mr. Hoffman responded Mayor Van Valkenburg acknowledged receipt of a number of Mr. Tom Bridgeman, 3206 Grimes Avenue; and At Mayor Van Valkenburg's request, Mr. Hoffman explained that install- He further advised that the The assessment hearing would then be in 1980 and the first levy In response to a question of Mr. Donald Mr. Warren Horst, Mayor Van Valkenburg explained that any Mr. Dale Seubert, 4010 Morningside Road, In reply ___ -_ - -_____ ---- ---- _I- - - - -. _- . __ - - __ _. . -. Mr,. Forsrnark then urged Council . In response to several questions regarding the trees in the .Morningside area, Mr. Hoffman advised that there are about 320 elms left in the 3/20/7 8 16 area and it is estimated that 30 to 40 trees will have to be removed to construct the street improvement with the streets remaining the same widths. estimates were based on removing most of the trees, but if the trees are left it may decrease the cost somewhat. Nr. John Wile, 4011 Lynn Avenue stated lie was insfavo.- of preserving the trees in the area but opposed the widening of Grimes Avenue. adoption: The cost - Councilman* Richards' the; bf fered the fthl&&ng res%lution and movkd its RESOLUTION ORDERING IIIPROVEMENTS: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing-to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed- improvements : , I 1. 2. CONSTRUCTION OF STORM SEWER QPROVE3ENT NO. P-ST.S.-145A IN THE FOLLOWING: lforningside Area CONSTRUCTION OF NEW AND REPLACDENT CONCRETE CURB AND GUTTER AND NEW BITUMINOUS STREET SURFACING AND REPLACENkNT CONCRETE SIDEWALK IMPROVENENT NO. P-BA-204A - -IN THE FOLLOIJING: All Morningside streets except W. 44th Street and France Avenue 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 improvements as described in the published notices of said hearing except that with respect to Improvement No. P-BA-204Ay Grimes Avenue from W. 44th Street to I?. 42nd Street and I?. 42nd Street from Grimes Avenue to France Avenue will not be widened and constructed to state-aid street system requireJnents;'that staff be instructed to apply for state-aid funds requesting the granting of a variance to state-aid requirements; and that trees be preserbed wherever possible; including . all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improve- ments; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 above STORM SElJER IMPROVEMENT NO. ST.S.-145A No. 2 above NEW AND REPLACEMENT CONCRETE CURB AND GUTTER AND . NEW BITUNINOUS STREET SURTACING AND REPLACEMEXI CONCRETE SIDEWALK IMPROVE3ENT NO. BA-ZO4A and the area to be specially assessed for Storm Sewer Improvement No. St.S-145A above shall include the area commencing at a point on the north-south 1/4 line of Sec. 7, T. 28N, R. 24W, said point being at the center line intersection of West 40th Street and Natchez Avenue; thence south along the north-south 1/4 line of said Section 7 to the south line 02 said Section 7; thence south along the north-south 114 line of Sec. 18, T. 28N, R. 24W, to the center line of Morningside Road; thence west zlong the center line of Morningside Road to a point 30 feet north of the northeast corner of Lot 16, Wooddale Heights; thence south 30 feet to the northeast corner OF said Lot 16; thence southeasterly along a line parallel to Wooddale Avenue to 2 point on the north lcne of Lot 17, Grimes Homestead; thence north- easterly ten feet along the north line of said Lot 17; thence southeasterly along a line parallel to Wooddale Avenue to a point 150 feet north of the south line of Lot 13, Gkimes Homestead, measured perpendicular to the south line of said lot; thence southwesterly 15 feet along a line parallel to the south line of said Lot 13;& thence southeasterly 58 feet along a line parallel to Wooddale Avenue; thence northeasterly 49.5 feet along a line parallel to West 44th Street; thence easterly to a point in the west line of Lot 11, Grimes Homestead, which point is 58 feet-north of the southwest corner of said Lot 11; thence easterly to a point 36 fsst from the north line of Wsst 44th Street aiid 50 feet frm ths east line of said Lot 11; thence northeasterly to a point on the east line of Lot 11, which point is .87 feet northwest of the southeast corner of said Lot 11; thence easterly to a point on the west line of Lot 15, Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead which point is 65 feet northwesterly from the north line of West 44th Street; thence northeasterly to a point 50 feet east of the west line of said Lot 15 and 100 feet north of the north line of West-44th Street; thence . easterly to a point 145 feet east of the west line of said Lot 15 and 60 feet north of the north line of West 44th Street; thence northeasterly to a point 217 feet east of the west line of said Lot 15 and 105 feet north of the north line of West 44th Street; thence southeasterly to a point 53 feet east of the west line of Lot 16, Melvin Grimes Subdivision of Lots 8,- 9 and 10, Grimes - Homestead and 60 feet north of the north line of West 44th Street; thence north- easterly to a point 103 feet east of the west line of said Lot 16 and 63 feet north of the north line of West 44th Street; thence southeasterly to a point 110 feet east of the west line of said Lot 16 and 50 feet north of the north line of West 44th Street; thence northeasterly to a point 160 feet east of the west line of said Lot 16 and 52 feet north of the nprth line of West 44th Street; thence northeasterly, parallel with the north line of West 44th Street, a distance of 80 feet; thence southeasterly, parallel with the west line of said Lot 16 to I --I 3/.20/ 7.8 ili :.; .. s.. 1.1 7 the north line of West 44th Street; thence northeasterly along the north line of West 44th Street and its extension, a distance of 190 fee?; thence north- easterly to a point on the west line of Lot 25, Riley's Subdivision of Lots 3, 4, 5, 6, 7, 30 and 31,,Grimes Homestead, which point is 52 feet north of the southwest corner of said Lot 25; chcnce easteriy EO a pvirii VIL Lhe east Iina of said Lot 25, which point is 40 feet north of the southeast corner of said Lot 25; thence northeasterly to a point on the west line of Lot 27, said Riley's Subdivision, which point is 57 feet north of the southwest corner of said Lot 27; thence southeasterly to the southeast corner of said Lot 27; thence northeasterly to the midpoint of the south line of Lot 92, Morningside Addition; thence north 60 feet along the centerline of said Lot 92; thence easterly to a point on the east line of said Lot 92, which point is 58 feet north of the southeast corner of said.Lot 92; thence northeasterly to a point: on the west line of Lot 90, Morningside Addition, which point is 96 feet north of the north line of West-44th Street; thence northeasterly to a point on the north-south centerline of said Lot 90, which point is 161 feet north of the north line of West 44th Street; thence easterly to a point on the east line of Lot 90, Morningside Addition, which point is 152 feet north of the southeast corner of said Lot 90; thence north along the east line of Lots 90, 93, and 94, Morningside, to the southeast corner of Lot 95, Morningside; thence west 100 feet along the south line of said Lot 95; thence north along a line parallel to Grimes Avenue to the center line of Morningside Road; thence east along the center line of Morningside Road to a point 45 feet east of the east line of Alden Avenue; thence north along a line parallel to Alden Avenue to the north line of Lot 41, Morningside; thence east along the north side of Lots 41, 38, and 15, Morningside, to a point 100 feet east of the east line of Scott Avenue; thence north along a line parallel to Scott Avenue to a point 50 feet north of the south line of Lot 20, Morningside; thence east along a line parallel to the south line of said Lot 20 to the west line of Lot 7, Morningside; thence south along the west line of said Lot 7 to the south line of said Lot 7; thence east along the south line of said Lot 7 to the east line of Sec. 18, T. 28N, R. 24W; thence north along the said east line of Section 18, to the southeast corner of Sec. 7, T. 28N, R. 24W; thence north along the east line of said Section 7 to the northeast corner of the southeast 1/4 of the southeast 1/4 of said Section 7; thence west along the south east-west 1/4, 1/4 line of said Section 7, to the point of beginning. Tiie area to 3e spezfally assessed fcr Nsv zz~d &pIzcexer;t Concrete Curb and Gutter and New Bituminous Street Surfacing and Re9lacement Cqncrete Sidewalk Improvement No. BA-204A includes Parcels 1100, 2000 and 5000, Section 7, Township 28, Range 24, Lots 1 thru 12, incl., A and B Addition Lots 1 and 3, Block 1, and Lot 1, Block 2, Arden Park Addition; Lots 7 thru" 50, incl., Auditor's Subdivision 161; Lot 11, Auditor's Subdivision 172; Lots 8, 14, and 15, Auditor's Subdivision 319; Lot 2, White Oaks 3rd Addition: Lots I thru 12 incl., Block 1, and Lots 1 thru 7, incl., Block 2, Berkeley Heights Addition; Lots 1 thru 26, incl., Block I., Lots 1 thru 26 incl.., Block 2, Lots 8 thru 14, incl., and Lot 19, Block 3, Crocker & Crowell's" First Addition; Lots 3 thru 9, incl., Block 1, and Lots 1 thru 9, incl., Block 2, Fairbairn's Rearrangement; Lots 1, 2, 11, 12, 13, 15, 16, 17 and 18, and 24 thru 29 incl., Grimes Homestead; Lots 1 thru 13, incl., Melvin Grimes Subdivision of Lots 8, 9 and 10, Grimes Homestead; Lots I, 2 and 3, Leerskov's 1st Addition; and Lots 1 thru 8, incl., Block 1 and Lots 1 thru 12, incl., Block 2, Mickelson's Re-arrangement, Morningside, Minnesota; Lots 1 thru 13, incl., Block 1, Lots 1 thru 26, incl., Block 2, Lots 1 thru 26, incl., Block 3, and Lots 1 thru 12 incl., and Lots 15 thru 26, incl., Block 4, Minikahda Vista Third Addition; Lot 1 and Lots 13 thru 82 incl., and Lots 92 thru 95 incl., Morningside Addition; Lots 1 and 2, Block 1, and Lots 1 and 2, Block 2, Morningside Manor; Lots 1, 2 and 3 and 8 thru 11, incl., Block I, Lots 1 thru 9 incl., Block 2, and Lots 1 thru 9 incl., Block 3, Morningside Oaks Addition; Tract D. R.L.S. 549; Tract A. R.L.S. 567; Tracts A, By Cy D and E, R.L.S. 650; Tract I. R.L.S. 651; Lots 1 thru 22 incl. and Lot 27, Riley's Subdivision of Lots 3, 4, 5, 6, 7, 30 and 31, Grimes Homestead; Lots 1 thru 20, incl., William Scott's Addition; Lots 1 thru 4, incl., William Scott's Addition, Peterson Replat; Lots 1 thru 10 incl., Block 1, and Lots 1 thru 7, incl., Block 2, Wooddale-Heights Addition, and Lots 1 thru 5, incl. , Wooddale Heights 2nd Addition. - . '__ - - )lo tion for adoption of the resolution, was seconded 'by Councilman Courtney,- i , - - _- - - Rollcall : Ayes: Courtizey, Richards, Shaw, Van Valkenburg, Nays: None Resolution adopted. -r* -1 3/20/78 ORDINANCE NO. 811-AI-14 GRANTED FIRST READING. Affidavits of Notice were.presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes presented petition of proponent requesting rezoning to R-2 Multiple Residence District for Crosstown Hills,. generally Zocated South of Vernon. Avenue, North of the Crosstown Highway, and West of Krahl Hill, and advised that a five lot sub- division had also been' proposed. He advised that the Coimunity Development and Planning Commission had heard both the preliminary plat and rezoning request and recommend zoning from R-1 to R-2 in that it does comply with the Western Edina P1an;but that the preliminary plat was continued to explore other alignments of the proposed road and lots. Staff concurs that rezoning to'R-2 is appropriate for this site but that the proposed subdivision should be modified to locate the new roadway between Lots 2 and 3, Block I, which would serve all the lots thereby eliminating direct access off Vernon Avenue. ordinance requires that property cannot be rezoned to a residential use without it being platted as well, but that staff recommends First Reading on the zoning request with the understanding that Second Reading would not be granted until the final plat approval has been granted. east of subject property, expressed concern regarding placement of the road ease- . ment affecting access to his land in that it would make some of the lots undesirable. He stated that it was his understanding the the Planning Commission had urged Xr. Frank Cardarelle, the proponent, to contact him in order to discuss the road easement as it affects his property, and that he had no objection to the R-2 zoning. In response to Councilman Shaw's question, Mr. Hanson stated he is contemplating developing his prapertg in the near future. With the undeptanding that Second Reading would not be granted until the matter of the roadway easement had been resolved and final plat has been approved, Councilman Richards offered Ordinance No. 811-All4 for First Reading as follows: -_ I Mr. Hughes stated that the zoning. Mr. Robert Hanson, owner of the property ORDINANCE NO. 811-All4 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY -ADDING TO THE MULTIPLE RESIDENCE DISTRICT Paragraph 1 of Section 4 of Ordinance No. 811 of the City is THE CITP COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition amended by adding the following thereto: of the following property: That part of the South 297 of the Southwest 1/4 of Sec the 5th Principal Meridian cl-l feet of the Southwest 1/4 of the Southeast 1/4 :tion 31, Township 117 North, Range 21 West of lying southeasterly of State Highway No. 169- LIL . ALSO: Township 117, Range 21, described as follows: corner of the Southeast1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 31; thence East slong the South line of said 1/4 a distance of 30 feet; thence North parallel with the West line of said Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4 to the Southerly line of Minnesota Highway No. 169; thence Southwesterly along said right of way line to a point distant 297 feet North of the South line of said Section; thence East to the West line of said Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4; thence South along said West line to the point of beginning. Lot 4, in Auditor's Subdi-ision Number 196, Hennepin County, Minnesota, .except the East 16.5 feet from the most Easterly boundary of said Lot measured at right angles to the said Easterly boundary and exce?t the North 16.5 feet of said Lot measured at right angles to the North line of said Lot and except that part of said Lot which lies Southwesterly of the following described Line 1 and Northeasterly, Northerly and North- westerly of a line parallel.with and 40.0 feet Southwesterly, Southerly, and Southeasterly of the foiiowing descri'oed Line 2 an5 measured at right angles thereto : Line 1: Beginning at the East 1/4 corner of Section 6, Township 116, Range 21 thence North 00 degrees 09 minutes 27 seconds East along the East line of said Section 6 a distance of 1807.59 feet; thence North 78 degrees 48 minutes 33 seconds West a distance of 1070.37 feet; thence . North 81 degrees 13 minutes 33 seconds West a distance of 3402.95 feet to a point hereby designated as "Point A"; thence North 08 degrees 46 minutes 27 seconds East a distance'of 240.0 feet to the actual point of beginning of Line 1; thence South 81 degrees 13 minutes 33 seconds East a distance of 600.0 feet and there terminating. Line 2: 13 minutes 33 seconds East a distance of 552.95 feet; thence South 08 degrees 46 minutes 27 seconds West a distance of 135.0 feet to the actual point of beginning of Line 2; thence North 81 degrees 13 minutes 33 seconds That part of the Southeast 1/4 of the Southwest 1/4 of Section 31, Beginning at the Southwest I . Beginning at the aforedesignated "Point A"; thence South 81 degrees 3/20//8 West a distance of 223.93 feet; thence along a 10 degree curve to the left (delta angle 60 degrees 03 minutes 23 seconds tangent distance' 331.17 feet') a distance of 600.56 feet and there terminating, according of Deeds in and for said County. The boundaries of the premises are marked by Judicial Landmarks Numbered 1 to 7 set pursuant to Torrens Case No. 12605 as shown on the plat of the Survey on file in Torrens Case No. 12605." Sec. 2. } '+- CY 5x2 plat thzrccf cz filc'cr c!f recsrr! ir, the office cf the Reg5stf.r This ordinance-shall be in full force and effect upon its passage and publication. LOT 2, BLOCK 5, MC CAULEY HEIGHTS 3RD ADDITION ZONING BQUEST REFERRED TO . PLANNING COMMISSION. approved as to form and ordered placed on file. Lot 2, Block 5, McCauley Heights 3rd Addition was platted in 1967, it was zoned for R-2 Multiple Residence District but that in 1977 the subject lot was rezoned to R-1 Single Family Dwelling District and the new owner is now re- questing it be zoned R-2. Staff recommends approval of the rezoning in that: 1) it conforms to the Western Edina Plan, 2) the lots lying immediately north and south of the subject lot are zoned R-2, and 3) the lot meets minimum size requirements for R-2 zoning. and Planning Commission has recommended approval with the condition that prior to final reading the City and proponent enter into an agreement specifying that 1) one unit should have access of McCauley Trail and 2) the second unit should have access off.1ndiar.t Hills Road to conform with the single family character of the area and to be similar to other double residences in the . about the access restriction in that it would limit choice of design for the structure and that he had not been able to attend the Planning Commission hearing to present his argument. matter back to the Community Development and Planning Cormnission to allow Mr. Gesnmer to present his. objection to the access restriction was seconded by Councilman Shaw. Affidavits of Notice were presented by Acting Clerk,. Mr. Hughes recalled that when Mr. Hughes advised that the Community Development 'vicinity. Mr. Brian Gensmer, owner of subject property, stated-he was concerned Councilman Richards' motion 20 refer the Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. NORMANDALE-CARR REPLAT GRANTED PREL-NARY PLAT APPROVAL. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that in 1973 the Planning Commission had reviewed a four lot subdivision OG ths property located north of W. 66th Street and east of Parnell Avenue. subdivision provided some revisions were made to the lot lines. was then dropped and the subdivision never received final approval. ponent has now submitted a new subdivision plat in conformance with the Planning Commission's past request. The west line of Lots 3 and 4 has been moved westerly by approximately 10 feet and the south line of Lot I has been moved southerly by approximately 20 feet to provide improved building sites. Staff reported that the Community Development and Planning Commission recommends plat approval with the following conditions: 1) Developer donate $2,100 as a fee in lieu of land, 2) Utility easement must be provided over Lot 3 for exist- ing services to the structure on Lot 2, and 3) A drainage easement may be necessary over the swale on Lot 9. Eo objections bsiiig heard, Couacilman Courtney offered the following resolution and moved its adoption, subject to the conditions set forth by the Planning Commission: At that time, the Planning Commission approved the requested The proposal The pro- RESOLUTION APPROVING PRELIMINARY PLAT FOR NORMANDALE-CARE REPLAT ' BE IT RESOLVED by the Edina City Council that that certain plat entitled "Normandale-Carr Replat", platted by Irving Carr and presented at the Edina City Council Meeting of March 20, 1978, be and is hereby granted preliminary plat approval, subject to the following conditions: 1) Developer donate $2,100 as a fee in lieu of land, 2) Utility easement must be provided over Lot 3 for existing services to the structure on Lot 2, and Motion for adoption of the resolution was seconded by Councilman Shaw. '. 3) A drainage easement may.be necessary over the swale OR Lot 1. - -_ Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Resolution adopted. BRAEMAR HILLS 9TH ADDITION FINAL PLAT APPROVAL CONTINUED TO APRIL 3, 1978. Mr. Hughes recalled that final plat approval had been continued from March 6, 1978, that the subject property-is located East of Gleason Road and North 3 / 20/78 z of W. 78th Street, and that prcliminary plat approval had been granted subject to various conditions and inodifications recommended by staff. He advised that all the conditions and modifications have been met and the staff recommends advised that Lots 8, 9 and 10, Block 4, have been reserved as an Outlot to facilitate the easterly extension of Stonewood Court if warranted. reminded Council that in the Developer's Agreement a letter of credit had been given by the M & I Northern Bank of Milwaukee which should be approved by Council. Councilman Shaw informed Council that this bank is a creditable national bank. credit issued by national banks domiciled outside of Minnesota should be explored and that a Council policy be established after conferring with the City Attorney. After further discussion,.Councilman Richards' motion to continue final plat approval to April 3, 1978, was seconded by Councilman Shaw. =-.---I ------.- LLtxaL opyuLvvCrl. t Iii ~SS~XZSS t~ CGG~~C~I~ES~~ Xfdisrt'g ++es~?tii, ?kS II-t&es - ~ Mr. Rosland Councilman Richards suggested that the matter of letters of Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. METROPOLITAN COUNCIL CANDIDATES INTRODUCED. City Manager inviting Hetropolitan.Counci1 candidates to present their viewpoints on this important position to the City Council, Roland Amundson, Hrs. Meredith Hart, Mrs. Alison Fuhr and Dirk DeVries were pre'sent and addressed the Council. Mrs. Hart read a statement expressing her objection to the Council's actioa of hrch 6 in supporting Councilman Courtnq for the vacancy prior to the March 21, 1978, Legislative Committee hearing. for the candidates' time and effort in appearing before the Council. action was taken. In response to a letter from the Mayor Van Valkenburg expressed appreciation No formal TlUFFIC SAFETY COMTTEE MINUTES OF FEBRUmY 14, 1978, APPROVED. Councilman Courtney's motion that Sections B and C of the Traffic Safety Committee Minutes of February 14, 1978, be accepted and that the following action of the committee be approved was seconded by Councilman Shaw: I. That a curve sign and advisory speed limit sign of 25 MPH be installed on westbound Benton Avenue at Josephine Avenue. 2. That a Council resolution be sent to Hennepin County and the Minnesota Depart- Eent of Traxsportatior, requesting a lower speed 1Wt 02 Gleason Road between Crosstown Highway #62 and Vernon Avenue. Notion was 'carried unanimously . Councilman Courtney then offered the following resolution and moved its adoption: WHEREAS, the nmber of trafEic accidents has increased significantly on Gleason Road (County Road 158) between Vernon Avenue and Crosstown Highway 62 because ,of excessive speeds of motorists on the curves of said xaadway; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council requests that the Hennepin County Board authorize and request a traffic engineering speed study . be conducted by the Minnesota Department of Transportation to determine if a lower speed limit can be established on said road. Motion €or adoption of the resolution was seconded by Councilman Shaw. RESOLUTION . Rollcall : Ayes: Courtney, Richards, Shaw, Van Valkenburg . Nays: None Resolution adopted, BEER AND CLUB LIQUOR LICENSES APPROVED. Mr. Rosland advised Council that all applications for On-sale and Off-sale Beer Licenses together with Club Liquor and Sunday Liquor Licenses have been checked by the Police Department and authorization is recommended. licenses be approved : On-sale Beer: Braemar Golf Course, The Brothers , Cicero' s, Daytons Valley View Room, Donaldsons Fifth Floor, Inc., Edina American Legion Post 471, Edina Country Club,* The Empress Restaurant, Gus Youngrs Biltmore Lanes, Interlachen Country Club, Jake's Pizza of Edina, Inc., LeBistro, Inc., Normandale Golf,Inc,, Rigotto's Pizza, Southdale Bowl; Off-sale Beer: Applebaums' Food Market, Byerly Foods of Edina, Inc., Dennison's Dairy Store, Edina Superette, Inc., Jake's PZzza of Edina, Inc., Jerry's Foods, Kenny's Market, Q Petroleum.Corp., Red Owl Stores, Inc., SuperAmerica 4047; Club Liquor and Sunday Liquor: Edina Country Club, Interlachen Country Club. . Councilman Richards moved that the following I .. Motion was seconded by Councilman . Courtney, Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. .3 / 201 7 8 .. 121 PARKLAND DEDICATION POLICY TO BE REVILWED. Mr. Rosland advised Council that the Parkland Dedication policy has been developed by staff and that the Edina Park Board and Community Development and Planning Commission have been asked to rcx-ie:; ft, aftar >?hick it will bc sc?m.itttd t:: Ccnacil fcr q~zcxzl. formal action was taken. >?z ADVANCED LIFE SUPPORT AMBULANCE SERVICE IN SUBURBS DISCUSSED. Valkenburg expressed concern over a recent article in the Edina Sun that the City would be required to subsidize Advanced Life Support ambulance service for other suburbs in Hennepin County in addition to maintaining the present ALS ambulance service provided by the City for its residents. advised that Public Safety Director Buresh.is representing Edina on this matter and will attend the hearing on the proposed ordinance to be held April 3, 1978, before the.Ways and Means Committee of Hennepin County. He stated that we are defending our position of providing independent ALS ambu- lance service to City residents through our very effective and excellent paramedic personnel and will continue to maintain that posture. Mayor Van. Mr. Rosland SPECIAL COUNCIL MEETINGS DISCUSSED. Mr. Rosland advis6d Council that the special Council meeting scheduled for March 22, 1978, with the Park Board and Community Development and Planning Commission has been postponed due to the absence of many of the commission members. He affirmed the special Council meeting date of April 1, 1978, at which Assessing Department staff would explain assessing procedures, and that Mayor Van Valkenburg has requested that Council meet with the Human Relations Commission. agreed that the joint meeting with the Human Relations Commission would be on March 29, 1978, at 4:30 p.m. It was informally SAND, BITUMINOUS MATERIAL, ROCK AND WATER TREATMENT CHEMICALS BIDS AWARDED. Mr. Rosland presented tabulation of bids received in response to Advertisement for Bids in the Edina Sun and Construstion Bulletin. Tabulation for Concrete . Sand per ton delivered showed Northwestern Aggregates, Inc. low bidder at $2.22, W. G. Pearson at $2.85 and J. L. Shiely Company at $3.42. Tabulation for _I -- Buck ,Shot per ton delivered showed W. k. Pearson low bidder at $3.60 and North- western Aggregates, Inc. at $3.67. showed W, G. Pearson, hc. low bldder at $2.25, Northwestern Aggregates, Inc. at $2.67, Bury & Carlson, Inc. at $2.99, Edward Kramer & Sons, Inc. at $3.25 and J. L. Shiely Company at $3.56. Tabulation for CA-5 Limestone per ton delivered showed Bryan Rock Products, Inc. low bidder at $2.35, Edward Kramer Tabulation for Gravel Base per ton delivered h Sons, Inc. at $3.90 and J. L. Shiely Company at $5.30. Coat Chips per ton delivered showed Midwest Asphalt Corporation low bidder st $8.45 and Bryan Dresser Traprock at $8.75. Tabulation for Ready Mix Bituminous Materials per ton picked up showed Bury & Carlson, Inc. at $10.40, Commercial Asphalt Company at $8.75 and Midwest Asphalt Corporation at $10.50. Tabulation for Cut-Back Asphalt per gallon delivered showed Koch Refining as sole bidder at $0.362. Tabulation for Hydrofluosilicic Acid in 30 gallon containers showed Van Waters Rogers low bidder at $7.21 cwt., Hawkins Chemical, Inc. at $7.70 cwt., and Jones Chemical, Inc. at $7.75 cwt. Tabulation for Liquid Chlorine per 150 pound cylinders showed Van Water Rogers low bidder at $17.09, Hawkins Chemical, Inc. at $18.85 and Jones Chemical at $23.925. Recommendation for awards to responsible low bidders was as follows: for Concrete Sand to North- western Aggregates, Inc. at $2.22 per ton delivered; for FA-4 Buckshot to W. G. Pearson, Inc. at $3.60 per ton deiivered; for Gravel Ease to W. G. Pearson, Inc. at $2.25 per ton delivered; for CA-5 Limestone to Bryan Rock Products, Inca at $2.35 per ton delivered; for Seal-Coat Chips to Midwest Asphalt Corporation at $8.45 per ton delivered; for Ready Mix Bituminous to Bury and Carlson, Inc. at $10.40 per ton picked up (based on shortest haul); for Cut-Back Asphalt to Koch Refining Compzny at $0.3620 per gallon delivered; for Hydrofluosilicic Acid to Van Waters & Rogers at $7.21 per cwt. for 30 gallon containers; for Liquid Chlorine to Van Waters & Rogers at $17.09 per 150 lb. cylinders. In response to question of Councilman Courtney as to amounts to be purchased, Yx. Hoffman explained that the bids establish a base price for one year and materials are purchased as' needed within the budget limit. Councilman =chards' motion for award of bids as recommended by the staff was seconded by Councilman Courtney. Tabulation for Seal- Ayes:' Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried, WATER TOIJER CLFSLNING, SF&ING, INSPECTION, PAINTING AND STERILIZATION RID AJARDED. Mr. Rosland recalled that award of bid to Schumann Bros, Inc., as low bidder for water tower cleaning, seaiing, inspection, painting and sterilization, had been continued from the meeting of March 6, 1978, so that Council could 3/20/78 review letters from other customers of the firm and to confer, with Blr. Schumann regarding his work schedule. Yf. Schumann who has assured that the work can be completed on schedule and as sprcifieci, and thz? 1.e has. also .contacted. the City o? Xinrretonka who reporteci satisfaction with the quality of work done by Schumann Bros., Inc. With these assurances, Mr. Hoffinan now recommends award of bid to Schumann Bros., Inc. In response to question of Councilman Richards, Mr. Hoffman stated that normally 10% of the contract price is retained until satisfactory completion of work. man Richards then moved to award bid for water tower cleaning, sealing, inspection, painting and sterilization to Schumann Bros., Inc., as lower biclder at $46,700, with the condition that 30% of the contract payment be retained until the project has been completed and approved. .Motion was seconded by Councilman Shaw. He advised that Mr. Hoffman has talked with Council- Ayes: Courtney,' Richards, Shaw, Van Valkenburg Nays: None Motion carried. 50% STREET LIQUOR STORE FIXTlTRE PURCHASE AUTHORIZED. that the new 50th Street Municipal Liquor Store is nearing completion and will be open for business soon, but that some revision of wine racks and checkout counters is.necessary. He presented quotes as follows: R. C. Smith Company at $4,700 for 11 wine racks and 2 checkout counters and Country Cabinets and Killwork at $4,800 for 6 wine racks and 2 checkout counters revised, with a credit of '$2,500 to be deducted from final payment to the original contractor. Award is recommended to R. C. Smith Company, Councilman Richards' motion to authorize Liquor Store fixture purchase from R. C. Smith Company at $4,700 was seconded by Councilman Courtney, Mr. Rosland informed Council - Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. DRIVING RANGE GOLF BALLS PURCHASE APPROVED. Mr. Rosland presented tabulation of quotes for 1000 dozen range golf balls, showing Spaulding at $3.95/dozenY P.G.A. at $3.75/dozen and Jim Werre Associates at $2.50/dozen based on consolidated purchase with City of Golden Valley. Shaw's motion authorizing purchase of 1000 dozen range golf balls at $2.50/dozen from Jim Werre Associates based on consolidated purchase with City of Golden Valley As recommended by Mr. Kojetin, Councilman - -TI was sezoildsd sy Ca-acilmz Co'lirtzsy . Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: None Motion carried. COIQENDATION LETTER TO POLICE DEP-ARTMENT NOTED, attention to a letter received from the Office of District Attorney, Milwaukee . County, Wisconsin, addressed to Chief Swanson commending the work of the Edina Police 5n connection with the investigation of the Thomas Ponchik case. Mayor Van Valkenburg suggested a copy of the letter be given to the Edina Sun reporter. &. Rosland called Council's INTERLACEEN HILLS 3RD ADDITION EASENENT CLAXIFICATION AUTHORIZED. Mr. Rosland advised that the City Attorney had prepared an Affidavit to clarify the legal description of an easement for utility and drainage purposes in Interlachen Hills 3rd Addition, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED, that the Edina City Council authorize the Mayor and City Clerk to RESOLUTION -execute an Affadavit to-wit: "That the City of Edina is the grantee of that certain easement deed for utility and drainage purposes recorded in the office of the Hennepin County Register of Deeds as Dorime~lt No, 2674644 contahizlg the follcwing legal descrfption: The North 35 feet of that part of Lot I, Block 1, Interlachen Hills 2nd Addition lying East of the West 144 feet thereof; and That there is no plat known as Interlachen Hills 2nd Addition; and That the parties intended said easement to cover the same area in Interlachen Hills 3rd Addition which has a platted easement in the same location; and That the City of Edina did not intenci to secure any easement over any part of the plat of Interlachen Hills (without any. addition designation) by- said deed __ documcnt 3674644." Motion for adoption of the.resolution was seconded by Councilman Shaw. - Rollcall: Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: . Xone Resolution adopted. 3/20/78 123 AMLJNDSON AVENUE AND DETANEY BOULEVARD IMPROVEMENTS HEARING DATE SET. As re- commended by Mr. Hoffman, Councilman Slim offered the following resolution and moved its adoption: * ?.EcnLl?JTIc!?? ???nT!IEI??!C- FCE D9RLI6 uE,@.X>?C- Q?! PUBLIC 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 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, April 3, 1978, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. .. 3. place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: The Clerk is hereby authorized and directed to cause notice of the time, (Official Publication) 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING GRADING AND GRAVELING IMPROVEMENT NO. P-C-124A GRADING AND GRAVELING IME'ROVWNT NO. P-C-126A PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-226A . CITY OF EDINA PERMA~ENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-227A EDIIA CITY COUNCIL will meet at the Edina City Hall on Monday, April 3, 1978, 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: The approximate 1. GRADING AND GRAVELING IMPROVEMENT NO. P-C-124A . ESTIMATED COST Amundson Avenue, Cahill Road to Dewey Hill Road $295,137.62 Delaney Boulevard from Dewey Hill Road to W. 78th Street 2. GRADING AND GRAVELING IIPROVEMENT NO. P-C-126A ' except Smisek Addition graveling only. $333,145.58 3. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPRO'OEMENT NO. P-BA-226A Amundson Avenue from Cahill Road to Dewey Hill Road $220,548.99 4. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER * -1 IMPROVEZENT NO. P-BA-227A Delaney Boulevard from Dewey Hill Road to W. 78th Street $105,959.34 The area proposed to be assessed for the cost of the proposed Grading and Graveling '(Improvement No. P-C-1248) and.the proposed Permanent Street Surfacing with Concrete Curb and Gutter (Improvement No. P-BA-224A) includes Lots 1 and 2, . Block 1, and Block 2, Findell 2nd Addition. Braemar Oaks; Parcels 250, Sec. 8. T.116 R21; and Lots 1 and 2, Block 2, Outlot A and Outlot By William Wardwell Lewis Park Addition. The area proposed to be assessed for the cost of the proposed Grading and Graveiing (improvement NO. P-c-i26Aj and the proposed Permanent Street Surfacing with Concrete Curb and Gutter (Improvement No. P-C-227A) includes Lot 7, Block 1, and Outlot 1, Heath Glen Addition. and Outlot A, Smisek's Addition; Parcels 520 and 735, Sec. 8, T. 116, R21; Lots 9, 10, 11 and 12, Block.1, Lyle Buchanan Addition. Motion for adoption of the resolution was seconded by Councilman Courtney. Lot 1, Block 1, and Outlot A, Lot 1, Block 1, Lots 1, 2 and 3,-Block 2 Florence B. Hallberg, City Clerk Rollcall : Nays: None Resolution adopted. Ayes: Courtney, Richards, Shaw, -Van Valkenburg - -- - ~ -- - L ~ - ._ - - LIQUOR DISPENSARY h as of December 31, 1977, was reviewed. and ordered placed on file by motion of Councilman Shaw, seconded by Councilman Courtney, and unanimous 1 y carried . CLAIMS PAID. for payment of the following claims per pre-list: General Fund, $76,984.58; Park, $11,123.11; Art Center, $310.62; Pool, $58.63; Golf Course, $1,132.76; Motion of Councilman Shaw was seconded by Councilman Richards d !, . 3 / 20/ 78 $ Arena, $12,113.24; Gun Range, $684.53; Water, $12,694.48; Sewer, $3,049.24; Lfquor, $246,369.13; Total, $364,520.32. Ayes: Nzys: >?lor,z Motion. carried. Courtney, Richards, Shaw, Van Valkenburg Council's agenda having been covered, Councilman Richards? motion for adjourn- ment was seconded by Councilman Shaw. Adjournment at 1O:lO p.m. -%&%A LLL Acting City Clerk