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HomeMy WebLinkAbout19780403_regular125 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 3, 1978 I Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. . I MINUTES of March 6, 1978, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PUBLIC HEARINGS CONDUCTED ON AMUNDSON AVEhVE AND DELANEY BOULEVARD STREET IMPROVE- MENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. ducted and action taken as hereinafter set fozth: Due notice having been given, public hearings were con- A. CONSTRUCTION OF GRADING IMPROVEMENT NO. P-C-124A IN THE FOLLOWING: Amundson Avenue from Cahill Road to Dewey Hill Road B. CONSTRUCTION OF PERMANENT.STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-226A IN THE FOLLOWING: Amundson Avenue from Cahill Road to Dewey Hill Road Delaney Boulevard from Dewey Hill Road to W. 78th Street 2278 IN THE FOLLOWING: Delaney Boulevard from Dewey Hill Road to W. 78th Street C. GRADING AND GRAVELING IMPROVEMENT NO. P-C-126A IN THE FOLLOWING: . D. PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA- The above improvements being an integral part of the overall traffic plan €or : Southwest Edina, public hearings were conducted concurrently, Advising that the proposed improvements are a continuation of the upgrading of the City.of Edina Municipal State Aid System and are part of the Southwest Edina Plan, Mr. Rosland presented the.following estimated costs: P-C-124AY $295,137.62; P-C-l26A, $33,145.58; P-BA-226AY $220,548.99; and P-BA-227AY $105,959.34. Mr. Rosland explained that City policy on the improvement of Municipal State Aid Streets is to assess benefited abutting single family detached residential and park property for the equivalent cost of a standard thirty foot wide light duty residential street. He advised that the rate established is $8.00 per front foot for grading and $12.00 per front foot for permanent street surfacing and curb and gutter, for a total of $20.00 per front foot for the total improvement. Cost for residential property other than single family detached residential property was given at $12.00 per front foot for grading and $18.00 for permanent street surfacing and concrete curb and gutter, for a total of $30.00 per front foot, with all additional costs proposed to be paid from Municipal State Aid Funds. Mr. Hoffman reviewed the history of the area, recalling that the Southwest Edina Plan, prior to adoption by the%ouncil in 1971, had called for industrial development on both sides of Cahill Road. The Plan adopted by the Council had multiple housing on the West side of Cahill Road. He then reviewed traffic patterns for the area, showing traffic counts and turning movements and projecting 5,000 vehicles per day on Dewey Hill Road when the area is totally developed in approximately 1985. Mr. Rosland recalled that the Department of Public Safety has opposed the Dewey Hill Road cul-de-sac and that 90% of all Dewey Hill Road traffic is local traffic. He recalled that the park was not in the original Southwest Edina Plan and pointed out that this fact would result in a change in the projection for traffic patterns. In view of these changes, Mr. Rosland recommended that Amundson Avenue not be constructed, and that, if Delaney Blvd. is to be conktructed, it should be assessed against all benefited properties and that it not be a part of the State Aid System. designated State..Aid. s2tree;ts. Dewey Hill Road/Cahill Road intersection could be cut off if traffic from the industrial area should become a problem in the future. Mr. Ronald Erickson representing Lanvesco agreed with the recommendations presented by Mr. Rosland, pointing out that construction of Amundson Avenue would be a serious detriment to Lanvesco's proposed development, inasmuch as they would be forced to build one large building, rather than two buildings of 60 units each. An unidentified gentleman in the audience was told that the Lanvesco clevelopment is proposed to be located just South of Braemar Oaks, North of Dewey Hill Road. The Mayor clar'ified that whPle the zoning of the Lanvesco property is not being heard at this meeting, it is an obvious part of the overall development of the area. Mr. Rosland be studied thoroughly before any action is taken, and pointed out that properties on Florence Lane would not have access to Delaney Boulevard. . Xr. Rosland recomaended that Dewey Hill Road and Cahill Road be He pointed out that industrial traffic from the . Mr. Wm. Schlatzlein and Mr. Jerome Bock, 7415 Florence Lane, urged that the proposal presented by Mr. 4 / 3/ 7 8 Hoffman explained that notices were sent to all properties abutting on proposed Delaney Blvd. or on proposed Amundson Ave., but that the abutting properties might nnt.neceszarily bc.s:sscsscp, part+i.z~larly if-thcy dld-qet hs-~e L;CCZSS o;i tp-the proposed roads. continue to favor construction of Amundson Ave. undeveloped property at the intersection of Cahill Road and 14. 78th .Streek, Said that he favors construction of Delaney Blvd. because he would have to contend with a steep grade to get access from Cahill Road to his property. A lady in the audience suggested that Mr. Haglund is asking the City to construct the road just to serve his property. A letter froin Mr. Larry Laukka, President of Laukka 6 Associates, was introduced for ihe record. in which Mr. Laukka stated as follows: "Please consider this letter our willingness to waive the time limit requirement for a notice of public hearing for the Delaney-Amundson Avenue road hearings being conducted. Delaney section of the road program being considered." Laukka, is generally located West of proposed Delaney Blvd. and is described as follows: That part of Tract D, Registered Land Survey No. 1431 files of the Reg- istrar of Titles, Hennepin County, Minnesota, lying Northerly of the following des- cribed line and its extensions: Commencing at the Southeast corner of said Tract D; thence iJorth 00 degrees 19 minutes 26 seconds West, assumed basis for bearings, 506.46 feet along the East line of said Tract D to the beginning of the line herein described; thence South 83 degrees 48 minutes 01 seconds West 885.50 feet, to an angle point on the Westerly line of said Tract D, distant 528.51 feet Northerly .*- :- from the Alice O'Connor, a resident ot Lanham Lane, reiterated her objections to the con- struction of Amundson Road. Windwood would receive no benefit from Delaney Blvd. Mr. Hoffman explahed that Delaney Blvd. would provide another access to the Windwood site. In response to Mr. Graven's contention that Delaney Blvd. would be too expensive if it is removed from the State Aid System, it was explained that the road would be constructed'at - a design strength used on lower volume streets of the Ciiy and that there would not be much difference in the proposed assessment. In response to a question of Mrs. Bock, Mr. Hughes explained that Delaney Blvd. would serve abutting propertigs other than the property at the Southerly end of the road, the +,im,e Szrrisek Additioa was zpproved, it was anticipzted that it would be served by Delaney Blvd. that the storm sewers in the area were designed to keep ponds at specified levels, with access to Delaney Blvd. in mind. Howard, Mayor Van Valkenburg recalled that Council had delayed making a decision on roads in this area pending receipt of development plans. He expressed concern over the cost of constructing roads that might not be necessary. The Mayor re- . called that roads for this area had been analyzed and discussed over a number of years and said that he believed that property owners should know definite plans on which to rely. is a duplication and not essential to the area, partly because of the safety factor and partly because of the William Wardwell Lewis Park which was not anti- cipated in the original plan. must be constructed to serve property owners who are presently land locked or inadequately served by public roads. other developments proposed for the area and emphasized that no decision is being made at this time on those proposals. recommended that ths Amundson Avenue improvements be abandoned and that the Del- aney Blvd. improvements be approved. He mentioned also the possibility of clos- ing Dewey Hill Road at Cahill Road if industrial traffic should go to the West. Councilman Richards emphasized that he believes that it is premature to make . any comments on the Lanvesco proposal and that the density and location of any .- . -buildings must yet be discussed and explored fully before any comments are made. , $e referred also to the new alignment of roads at Valley View Road and County Road 18, to the closing of Cahill School on 14. 70th Street and to the change in the interchange at T.H. 100 and M. 70th St. Councilman Richards then moved that Amundson Avenue Improvements Nos. P-C-124A and P-BA-226A be abandoned. was seconded by Councilman Courtney. Councilman Shaw referred to his concern about traffic on Dewey Hill Road but recognized the fact that Dewey Hill Road could be cut off at Cahill Road if such traffic did develop. Councilwoman Schmidt also expressed her concern about traffic on Dewey Hill Road and also about traffic volumes on Valley View Road.' An unidentified,gentleman said that residents on Dewey Hill Road Mr. Harold Haglund, owner of We will attend the hearings and will seek the development of the The property, owned by Mr. . Southwesterly corner of said Tract D, and there terminating. Mrs.. Mr. Richard Graverr of Windwood of Edina objected that He recalled that at c D -- Nr. Hoffman explained to Mr. Thomas Thompson of Florence' Lane In response to objections of Mr. William Msyor Van Valkenburg said that he thinks that AmGndson Ave. ~ Th2 Mayor said that he believes that Delaney Blvd. He mentioned the proposal of Lanvesco and With these factors in mind, the Mayor I Motion Rollcall : Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . 4/3/78 127 Councilman Richards then offered the following resolution and moved its adoption: / RESOLUTION ORDERING IMPROVEMENTS NOS. C-124A AND Bh-226A BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that this owners oE each parcel within the area proposed to be assessed on the folloGiillg proposed improvements : c22llC~~ krECCfCZC CaaScd EOtiCC Of. hearings to 5~ July puLiisileJ alld lllail& tu 1- CONSTRUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. P-C-126A IN THE FOLLOW- ING : CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-226A Iil THE FOLLOWING: Delaney Blvd. from Dewey Hill Road to W. 78th Street Delaney Boulevard from Dewey IIill Road to W. 78th Street . .. 2. and at the hearings 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 con- struction of szid improvements, with the understanding that an attempt will be made to obtain State Aid funds, notwithstanding that it is not a State Aid road, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above . GRADING AND GRAVELING IMPROVEMENT NO. C-126A No. 2 Above PERMANENT STREET SURFACING ATJD CONCRETE CURB AND GUTTER . IMPROVEMENT NO. BA-227A and the area proposed to be assessed thereEore for Improvement No. C-126A an2 for Improvement No. BA-227A shall include Lot 7; Block 1, and Outlot 1, Heath Glen Addition, Lot 1, Block 1, Lots 1, 2 and 3, Block 2, and Outlot A, Smisek's Addition; Parcels 520 and 735, Sec. 8, T. 116, R. 21; Lots 9, 10, 11 and 12, Block 1, Lyle Buchanan Addition; and that part of Tract D, Registered Land Survey No. 1431 files of the Registrar of Titles, Hennepin County, Minnesota, lying Northerly of the following described line and its extensions: Commencing at the Southeast corner of said Tract D; thence North 00 degrees 19 minutes 26 seconds West, assumed basis for bearings, 506.46 feet along the East line of said Tract D to the beginning of the line herein 'described; thence South 83 degrees 48 minutes 01 seconds West 885.50 feet, to an angle point on the Westerly line of said Tract D, distant 528.51 feet Northerly from the Southwesterly corner of said Tract D, and there terminating. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : . Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays: Courtney Resolution adopted. - Councilman Richards pointed out that lots on Florence Lane would probably not be assessed as indicated in the Resolution Ordering Improvement, inasmuch as they may not be benefited since they have access directly on to Florence Lane. was also emphasized that the assessment would include noc-abutting benefited properties. ative vote, saying that if Delaney Blvd. is to be constructed at a lower cost than that now proposed, it might be an inferior road. fact that there has been no concensus of opinion and no clear cut feelings among residents, adding that he remains unconvinced that construction of Delaney is necessary. It Councilman Courtney expressed concern, and his reason for his neg- He referred also to the RAINBOW MANAGEMENT DIVISION ZONING REQUEST REFERRED BACK TO PLANNING COMMISSION Council was reminded that Second Reading of Ordinance No. 811-A102 for rezoning of property located at the Southwest quadrant of France Ave. at W. 51st Street from R-1 Residential District to Senior Citizen Housing District had been con- tinued from January 16, 1978. Being advised by Mr. Hughes that he had heard nothing further from Rainbow Management Division as to their plans, Councilman Courtney's motion referring the matter back to the Planning Commission was sec- onded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. BRAEMAR HILLS 9TH ADDITION GRANTED FINAL PLAT APPROVAL; ORDINANCE XO. 811-A108 ADOPTED ON SECOND READING. Mr. Hughes presented Braemar Hills 9th Addition for final plat approval, along with Ordinance No. 811-8108 for rezoning of Braemar Hills 9th Addition from PRD-2 to R-1 and R-2 Residential District, recalling that this matter had been continued from March 20, 1978, so that letters of credit issued by national banks domiciled outside of Minnesota could be explored and so that a Council policy could be established. developer, advised that the developer has a letter of credit drawn on a local I4r. Greg Gustafson,. representing the 4/3/78 128 bank but that he would still prefer.to use the original letter of credit from an economic standr>oint. inal letter of credit and give an additional $1,000 for a park contribution. Councilman Courtney referred to a letter of Councilman Shaw in which he recom- mer?r',clz tllzt the city irzsgst 0l.- 1-t le~st tile corrfirmetiol.- 3y e l?n& i~l the Eme- apolis-St. Paul Metropolitan area of any letters of credit issued by a bank other than Hennepin County location, and that the Council might wTsh to go so far as to require-that the letter of credit be issued by a local bank. letter stated that this policy would make procedures much easier if there should be any default on the part of the developer. objections made in his letter, stating that if the developer should default, it would be necessary for the City to go out of town to take action against an out of town bank. letter of credit is drawn on the Northwestern National Bank is that it is the local correspondent for the !I.& I Bank in Wisconsin, and presented the new letter of credit to Mr. Erickson for his review. Mr. Erickson said that the bank is acceptable and that the letter of credit could be approved subject to approval of the language and the dollar amount. Mr. Hughes pointed out that the plat approval is acceptable, with the only change being that three lots on the preliminary plat have been identified as an outlot on the final plat. Councilman Courtney then moved that the Council accept a confirmation from a local bank of the original letter of credit and that the City Finance Director provide Council with a list of local banks which he would approve to issue letters of credit. seconded by Councilman Richards. He suggested that the developer be allowed to use the orig- Councilman Shaw's Councilman Shaw reiterated his -. I Mr. Gustafson pointed out for the record that the reason the new Motion was Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mo.tion carried. Councilman Courtney then offered the following ordinance for Second Reading azd moved its adoption: ORDINANCE NO. 8l\-Al08 . AN ORDINANCE &ENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE R-1 AND R-2 RESIDENTIAL DISTRICTS Paragraph 1 of Section 4 of Ordinance No. 811 of the City is THE CITY COTJNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition, Outlot A, Braemar Hills 7th Addition, which 2s in Sub-District R-2." Sec. 2. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto : "The extent of the R-2 Multiple Residence District is reduced by removing the following property and returning to the R-1 Residential District: amended by adding the following thereto: of the following properties : Lots 1 to 4 inclusive, Block 1; lots 1 to 4 inclusive, Block 2; .Lots 1 to.4 inclusive,. Block 8; Lots 1 50 .4 inclusive, Block 9; Lots 1 to 4 inclusive, Block 10, Lots 1 to 4 inclusive, Block 11; Lots 1 to 4 inclusive, Block 12; Lot 1, Block 13, Outlot B all in Braemar Hills 7th Addition, except that part embraced within the plat of Braemar Hills 8th Addition." Sec. 3. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the Ordinance was seconded by Councilman Richards. Rolfcall : Ayes : Courtney, Richards, Schmidt, Van .Valkenburg Nays: None City Clerko Councilman Courtney then offered the following ordinance and moved its adoption: RESOLUTIOi? GRANTING FINAL PLAT APPROVAL FOR BRAEXAR HILLS 9TH ADDITION BE IT RESOLVED by the City Council that that certain plat known as Braemar Hills 9th Addition, presented for final approval at thd Edina City Council Meeting of April 3, 1978, and platted by Edina Development Associates, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney. <- CITY OF EDINA In the Matter of the Application of EDWARD G. THERNELL for a Subdivision of Land Entitled Killarney Shores 2nd Addition. FINDINGS , DECISIONS, AND REASONS The above entitled matter was heard before the City Council, City of Edina, on February 27, 1978, and Edward G. Thernell ("Proponent") was present. The City Council, having heard and reviewed all of the facts and arguments presented by the Proponent, City Staff, and residents living in the vicinity of the proposed sub- division, and having heard and reviewed the evidence and law adduced by the Proponent and City Staff, and being fully advised, after due consideration, hereby makes the following FINDINGS OF FACT: 1. The Proponent, on December 21, 1977, submitted an application for subdivision of a 38,688 square foot tract of land described as Outlot By Killarney Shores (hereinafter referred to as the "Subject Property"). (hereinafter ref erred to as the "Proposed Subdiv5sion") delineated two R-1 Single Family Dwelling lots measuring 19,573 square feet and 19,115 - The proposed subdivision entitled Killarney Shores 2nd Addition L square feet respectively. 2. The Edina Planning Commission (hereinafter referred to as the "Planning Commission" to distinguish it from the "Community Development and Planning Conmission" which was established on February 1, 1978, and which assumed in toto the duties and responsibilities of the Planning Commission and which was designated as the "Planning Agency" of the City of Edina within the meaning of Minnesota Statutes, Section 462.351 through 462.364) reviewed the Proposed Subdivision at its January 4, 1978, meeting. The Planning Commission continued the application for subdivision to the February 1, 1978, meeting. This continuance was deemed necessary to allow sufficient time for staff of the Hennepin County Department of Transportation -i I to review the Proposed Subdivision. 3. On January 27, 1978, staff members of the City of Edina met with staff members of the Hennepin County Department of Transportation for the purpose of reviewing the Proposed Subdivision. County staff expressed concern about the potential adverse traffic safety impacts resulting from access to dwellings which would be constructed on the Subject Property 'as a result of the Proposed Subdivision. At that time, Hennepin Hennepin County staff noted that due to the terrain of the site, the curvature of Gleason Road, and enforceable speed limits on Gleason Road, adequate sight distances were not possible to ensure safe access to and from dwelling units which would be constructed on the Subject Property. Hennepin County staff noted, however, that if the Proposed Subdivision were approved, by the City of Edina, the County would issue permits for dr5veway curb cuts on Gleason Road for both lots of the Proposed Subdivision. In conjunction with such permits, Hennepin County staff indicated that a) driveway curb curs should be located at the northerly extreme of lot 1 and at the southerly extreme of lot 2 of the Proposed Subdivision b) driveways should intersect Gleason Road at an angle of not less than 60 degrees and c) driveways should include a "turn around" to prevent vehicles from backing onto Gleason Road. 4. The Edina Community Development and Planning Commission reviewed the Proposed Subdivision at its February I, 1978 meeting. Community Development and Planning Commission recommended approval of the application for subdivision with the following conditions and modifications: The i. driveway curb cuts must be placed at the northerly extreme of lot 1 and at the southerly extreme of lot 2 ii. driveways must intersect Gleason Road at an angle of not less than 60 degrees driveways must inc'lude a "turn around" iii. - 2- iV . V. vi. an approved grading plan, soil erosion plan control plan with the required bond, and a tree cutting permit subdivision dedication in the amount of $1100.00 provisions for adequate storm water damage in the ditch located at the base of the hill on the Gleason Road right-of-way 5. On February 9, 1978, the Hennepin County Department of Trans- portation submitted to the City of Edina written comments regarding the Proposed Subdivision. These comments were as follows: i. Dedicate an additional 7 feet of right of way for a total of 40 feet from and along the centerline of CSAH 158. We are very concerned about access location for this plat. curvature of CSAH 158 adversely affect access by 11 ii. The plats terrain combined with the horizontal 4 . severely restricting sight distance. The developer iii. iv. V. vi. should contact Don Murphy, Traffic Division, 935-3381 for assistance in determining a suitable access location before receiving final plat approval from the City. The developer must apply for and receive an approved entrance permit before beginning access construction. Please inform the developer that entrance permit forms are available from our Traffic Division. Provisions to control drainage and soil erosion during and after construction should be required. The developer must also receive approval from the County Engineer before beginning any other work within County right of way. This includes, but is not limited to, drainage and utility construction (utility permits required), trail development, and landscaping. The developer must restore all areas within County right of way disturbed during construction." - 3- 6. On February 6, 1978, at the request of' the City Planner, the I Edina City Council scheduled a hearing for February 27, 1978, .for the purpose of considering the Proponent's Application for Subdivision of the Subject' Property. ' 7. On February 27, 1978, the Edina City Council conducted a public hearing regarding the Proponent' s Application for Subdivision. At that hearing, the City Council reviewed the recommendation of the Community Development and Planning Commission, the comments' of the Hennepin County Department of Trans- portation, the reports of the Edina Police Department, and testimony of residents living in the vicinity of the Subject Property. did not testify. The Proponent was present but The City Council, thereupon, directed'city staff to prepare necessary findings and reasons based on matters set out in the report from the Community Development and Planning Commission, the Hennepin County Department .of Transportation, and City staff, and on the information brought before the A' Council at its February 27, 1978, meeting and such other information as may be appropriate, and directing that such findings and reasons be presented to the City Council for further review on April 3, 1978. I 'F 8. The Subject Property is owned by the E. G. Thernell Trust (also known as and hereinafter referred to as the Everth G. Thernell Trust to distinguish same from Edward G. Thernell, the Proponent). 9. In July, 1967, Everth G. Thernell applied for the subdivision of a 61.40 acre tract of unplatted land located in west central Edina. May 20, 1968, the City Council granted preliminary plat approval for the Owner's proposed subdivision entitled, Killarney Shores. On June 3, 1968, . the City Council granted final plat approval for Killarney Shores (with the On exception of Lot 1, Block 1, which was not granted final approval due to the potential realignment of this lot due to.the alignment of Gleason Road. August 5, 1968, the City Council again granted final plat approval for On -_ T -4- - --.@?. . Killarney Shores including Lot 1, Block 2 in that a deed restriction in favor of the City had been executed which adequately regulated development on Lot 1, Block 1). delineated 63 single family lots and two outlots, Outlot A and Outlot B The preliminary plat and final plat of Killarney Shores (i.e. the Subject Property). Outlot A was subsequently purchased by the . City for park purposes. 10. The Subject Property measures 38,688 square feet in area. The Subject Property is crescent-shaped and is bordered on its eastern, curvelinear boundary by Gleason Road. The western, linear boundary is bordered by single family lots. . The eastern boundary,' which abuts Gleason Road along its entire length, measures 596 feet. measures 537 feet. right angle from Gleason Road is 120 feet. The western boundary The maximum depth of the' Subject Property as measured at a 11. Gleason Road is classified as a "Minor Arterial Roadway" according to the Functional Classification System for Roadways prepared by the Metropolitan Council. The'portion of Gleason Road lying north of C.S.A.H. 62 and in the vicinity of the Subject Property is also classified as a County State Aid Highway. Road is 40 MPH. speed limit of Gleason Road. 12. The enforceable speed limit for this'section of Gleason The City of Edina cannot unilaterally reduce the enforceable . According to City of Edina traffic volume data, that portion of Gleason Road north of C.S.A.H. 62 and on which the Subject 'Property fronts carried approximately 500 vehicles daily in 1967 when the then Owner made application for the subdivision entitled, Killarney Shores. 13. According to Hennepin County traffic volume data, said portion of Gleason Road carried approximately 6500 vehicles daily in 1976. 14. Staff of the Hennepin County Department of Transportation have indicated that the projected year 2000 traffic volume for said portion of Gleason Road is approximately 12,000 vehicles per day. -5- 15. According to standards adopted by the American Association of State Highway Officials, the minimum recommended sight. distance along Gleason Road from a driveway access to allow vehicles to enter Gleason Road safely is 440 feet for Lot 1 and 530 feet for Lot 2 of the Proposed Subdivision. These Ir - recommended sight distances are based upon an enforceable 40 MPH speed limit , 1" on Gleason Road. 16. Due to the curvature of Gleason Road'and the topography of .. c the Subject Property, staff of the Hennepin County Department of Transportation have determined that the maximum available sight distance for Lot l'is 260 feet ~ and for Lot 2, 320 feet. below recommended minimum standards. is 210 feet below recommended minimum standards. The available sight distance for Lot 1 is 180 feet The available sight distance for Lot 2 17.' The Edina Police Department has documented that for the period from January 1, 1975 through March 1, 1978, 20 vehicular accidents involving property damage were reported to have occurred on Gleason Road in proximity to the Subject Property. of these reported accidents involved personal injuries to 9 people. The Edina Police Department reported thag this number of vehicular accidents and personal The Edina Police Department further reports that five injuries is unusually high for a street in a residential area of Edina. Residents living in the vicinity of the Subject Property have also stated at the February 27, 1978, meeting of the Edina City Council that numerous vehicular mishaps not involving significant property damage have been witnessed at this location and presumably not reported to the Police. 18. 19. The average slope of the Subject Property is 26%. According to the Soil Survey of Hennepin County prepared by the Soil Conservation Service, the soil of the Subject Property is classified as a L "Heyder Complex" having slopes of 18 to 35 percent. indicates that such soils have severe limitations for residential developments due to high potential for erosion and sedimentation. The Soil Survey further *w The Soil Survey also - 6- indicates that such soils are "better suited to uses that enhance the beauty I of the area than to most other uses." 20. The Metropolitan Council, in the Protection Open Space section & of the Metropolitan Development Guide, has determined that slopes in excess of 12 percent are susceptible to severe erosion and should be protected as permanent open space. The Metropolitan Development Guide therefore adopted a 'policy which states, "slopes which because of .their surficial soil type are I susceptible to severe erosion should be maintained in a natural state". 21. In 1976, the rear yard of a single family lot located at 6136 Arctic Way,(Lot 2, Block 2, Viking Hills 2nd Addition) experienced a lateral down-slope slippage of the surface soil layer which exhibited slopes of app,roximately 40 percent. This lot together with other single family lots with similar rear yard slopes are adjacent to and upslope from the Subject Property. 22. The SubditTision Ordinance of the City of Edina (Ordinance No. 801) states that any outlots shown on a plat, replat, or subdivision approved by the City shall not be, nor be deemed to be; lots or plats, nor shall any such outlots be developed by the erection or placing of improvements thereon unless first replatted into lots and blocks in accordance with the Subdivision Ordinance. The Subdivision Ordinance also states that all proposed subdivisions shall be reviewed with regard to the suitability of the proposed subdivision from the standpoint of community planning. Therefore, based on the foregoing Findings, The City Council does hereby make the following . DECISION: I. That based upon all facts and circumstances, the City Council denies the Proponent's application for the subdivision entitled Killarney Shores 2nd Addition. . -7- h *. . 1. ... REASONS : A. Gleason Road in the vicinity of the Subject Property presently exhibits an unusually high rate of vehicular accidents. and future projected increase in traffic, together with the extremely inadequate sight distances for driveway accesses to dwellings which would be constructed on the Subject Property, would adversely increase the potential for vehicular accidents and personal injury and death and would be deleterious to the public health, safety and welfare. B. The present traffic The steep slopes of the Subject Property have severe limitations for residential development. Development as contemplated by the Proposed The above Decision is made for the following Subdivision would greatly increase the potential for soil erosion and sedimentation. The lateral slippage of the surface soils of a lot adjacent to the Subject W Property in 1976 further indicates the instability of such slopes which could potentially damage properties and present a public health and safety hazard. -8- 4/3/78 _" .b . Rollcall : Ayes : Courtney Richards, Schmidt , Van Valkenburg Nays: None Abstaining: invoived) . . Rgsolution adopted. Shaw (on the grounds that the bank for which he is employed is KILLARNEY SHORES 2ND ADDITION DENIED. 2nd Addition. a two lot Dlarlocated on the West side of Gleason Road North of Mr . Hughes recalled that Killarne? Shores the Crosstown Highway had been cont'inued from February 27, 1978, so that the staff could prepare findings and prospective decisions to be brought back for Council's review and further. consideration, based on what these findings might show. Mr. Hughes presented Findings;Decisions and Reasons in the Matter of the Application of Edward G. Thernell for a Subdivision of Land Entitled Killarney Shores 2nd Addition, a copy of which is attached hereto and made a pa,rt of these Minutes. Council was advised that the Findings recommended denial of the plat, based on the probability of future auto accidents at the site and the adverse impact upon the steep slopes of the property. Thernell come back with a new plat for one single family home lot. Courtney's motion that the Findings, Decisions and Reasons be approved as presented vas then seconded by Councilwoman Schmidt. The suggestion was made that Mr. Councilman Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. HEARING DATES SET FOR VARIOUS PLANNING MATTERS. As recommended by Mr. Hughes, Councilman Shaw's motion setting April 17, 1978, for hearing date for the follow- ing Planning matters was seconded by Councilman Courtney: 1) Brian Gensmer - R-1 Single Family District to R-2 Multiple Residence District - 6813 Indian Hills Road (with the understanding that answers be furnished to questions set forth in a letter from Dr. Robert R. M. Gifford, 6809 Indian Hills Road, as to the type of dwelling proposed to be erected and the reason why the property was previ'ously . rezoned.from R-2 to R-2; into the problem of the number of cars and vans parked at double bungalows on McCauley Trail as indicated in snapshots presented by Dr. Gifford); 2) -The - Northland Company - Regional Medical District to Office Building District - South- dale Acres - between Drew Ave. and Barrie Road and between W. 65th and W. 66th Streets; Edina Baptist Church - R-2 Residential District to R-1 Single Family Residence District - 5234-5242. Prace ,&we. ; 4) Lantto Stiildizg & Sevelopment - R-1 Single Family District to R-2 Multiple Residential Eistrict - Warden Acres (North of Benton Ave. and West of MN&S Tracks); 5) Crosstown -- Hills - Preliminary Plat Approval; 6) Gross/Fraser-Prospect Hills - Preliminary Plat Approval; 7) Nine Mile West Third Addition - Preliminary Plat Approval; 8) Revised Planned Residential District Zoning Ordinance; 9) South, Southwest and Western Edina Plan Amendments. Councilwoman Schmidt also requested that the City look 3) Ayes : Courtney , Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. FLORENCE LANE STREET NAME CHANGE TO "COVENTRY WAY" APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Rosfand presented the petition for change of Florence Lane to "Coventry Way'', alang with objections to the name change submitted by Mr. Jeff Gustafson of ,Florence Lane and the developer, Mr. Lyle F. Buchanan. Mr. Buchanan urged that, if it is absolutely necessary that the name be changed, it be changed to something that would have a prefix or suffix using the word Glen or Brae whj-ch might be appropriate since Edina is a derivation of Edenburgh, Scotland. Dr. Robert Edel- son, 7400 Florence Lane, suggested that any name change should not be just a "whim" of residents. Mr. Greg Gustafson, speaking for Mr. Jeff Gustafson, urged that the street name not be changed. Councilman Courtney noted the connotation of "Cov- entry" given in the dictionary. signed the petition requesting the street name change, Councilman Richards offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: Noting that the majority of property owners had STREET NAME CHANGE ORDINANCE 10 THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 2. This ordinance shall be in full force and effect on May 1, 1978, and Florence Lane is hereby renamed "Coventry Nay". upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilwoman-Schmidt. Rollcall : Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays : Courtney * !rdinance adopted. 4/3/78 ATTEST : CORNELIA SCHOOL TRAFFIC CONDITIONS REFERRED TO TRAFFIC SAFETY CONNITTEE. attention was called to a letter from Mrs. Pamela Keating, Cornelia PTA Community Relations Committee, expressing concern about traffic on 14.' 70th Street adjacent motion was seconded by Councilman Shaw referring the letter to the Traffic Safety Committee. Council's - -_ I ' to Cornelia School. Councilman Richards Ayes : Nays: None . Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg - TAX REVENUE INPACT OF LOW AND MODERATE INCOME HOUSING REPORT NOTED. Mr. Rosland recalled that a rcport on "Tax Revenue Impact of Low and Moderate Income Housing" had been continued from the meeting of February 27, 1978, for further study by Council. Councilman Richards requested that the report be distributed to members of the Community Development and Planning Commission. BOARD OF REVIEW DATE SET FOR JUNE 8, 1978, by motion of Councilman Courtney, seconded by Councilwoman Schmidt. City Hall Council Chambers and continued to future dates as necessary. No formal action was taken. The meeting will be held at 4:OO p.p. in the Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Hotion carried. LOT 4, BLOCK 1, KENNEY ADDITION EASEMENT VACATION HEARING DATE SET. mended by Hr. Hoffman, Councilwoman Schmidt offered the following resolution and As recom- moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON EASEEiENT VACATION FOR PUBLIC PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- . sota, as follows: 1. of land affected thereby that the following described easement for utility pur- poses should be considered for vacation, in accordance With the proxrisions of IYlinnesota Statutes, Sections 412.851 and 160.29: I It is hereby found and determined after receipt of the petition of the owners That part of the East 10 feet of the West 30 feet of Lot 4, Block 1, Kenney Addition, lying South of the North 5 feet and North of the South- easterly 5 feet of said Lot 4: This.Counci1 shall meet at the time and place specified in the form of notice - 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and cons- picuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR UTILITY PURPOSES IN THE CITY OF EDINA HENNEPIN COUNTY, EIINNESOTA That part of the East 10 feet of the West 30 feet of Lot 4, Block 1, Kenney Addition, lying South of the North 5 feet and North of the South- easterly 5 feet of said Lot 4 NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin Counry, Ninnesota, will meet at the Edina City Hall, 4801 W. 50th Street, on May 1, 1978, at 7:OO o'clock p.m. for the purpose of holding a public hearing on the proposed vacation of the following easement .for utility purposes: " That part of the East 10 feet of the West 30 feet of Lot 4, Block 1, Kenney Addition, lying South of the North 5 feet and North of the Southeasterly 5 feet of said Lot 4. 4/3/78 m 131 All persons who desire to be heard with respect to the question of whether or not the above proposed P,asement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area .of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation <o continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair; replace, remove, or otherwise attend chereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such.easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE CITY COUNCIL. i Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. STEUET IMPROVEMENT NO. BA-209 SUIT NOTED. Council's attention was called to the fact that a Summons and Complaint was served on the Clerk, with the City of Edina, Bury & Carlson, Inc., and the American Casualty Company of Reading, Penn- sylvania as defendants relative to construction of Improvement No. BA-209. The matter has been referred to the City Attorney, F II\. a a d No formal action was taken. SOUTH HENNEPIN HUMAN SERVICES COUNCIL FUNDING DISCUSSED. Councilwoman Schmidt offered.the following resolurLon and moved its -adoption: .. RESOLUTION WHEREAS,' this City Council is in fLl1 support of the .activities and leadership provided by the.South Hennepin Human Services Council; and WHEREAS, this Council feels that these activities have had a positive impact on the development and delivery of human services in our community; and 'WHEREAS, this activity has been delegated to Hennepin County by State legislation and has been responsibly and effectively carried out through community planning boards ; NOW, THEREFORE, BE IT RESOLVED by the Gity Council of the City of Edina that: 1. This Council recommends that a strong human services board be maintained; 2. That the most appropriate funding mechanism is through Hennepin County; 3. That this Councii urges the County Board to dontinue funding as they have in the past. Motion for adoption of the resolution was seconded by Councilman Shaw. . - I, Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. MUNICIPAL EPPLOYEES DEFERRED COMPENSATION PLAN DISCUSSED. advised Council of the fact that the Internal Revenue Service is proposing to do away with deferred compensation plans which have been available for local and state government employees. lution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor be authorized to cor- respond with appropriate governmental officials to oppose any change which would eliminate deferred compensation plans which have been available for local and state government employees. Motion for adoption of the resolution was seconded by Councilman-Courtney. Mayor Van Valkenburg Councilman Richards then offered the following reso- Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. METROPOLITAN TRANSIT COMMISSION VACANCY DISCUSSED. that there is now a vacancy on the Metropolitan Transit Commission for Edina's area. He referred to a list of names furnished him by the League of Women Voters of persons who had an interest in transit and recommended that these people, along with any others who are interested, be invited to the next Council. meeting to express their interest so that Council might, if it so desired at that time, make a recommendation for appointment of a particular person to the Commission. No formal action was taken. Mayor Van Valkenburg advised ' -1 132 4/3/78 -- BKICH ACT SUPPORT EXPRESSED. Mayor Van Valkenbur advised that he had learned of proposed legislation which would weaken the Hatch Act and recommended that Council take action in opposition to this legfslation. offered the following resolution and moved its adoption: KI~SULUTIUN '- BE IT RESOLVED that the Mayor be authorized to write to appropriate governmental officials to express the opposition of the Edina City Council to any action which would weaken the Hatch Act. plotion for adoption of the resolution was seconded by Councilwoman Schmidt. Councilman Courtney then -.., I - __. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. .. EMERGENCY MEDICAL SERVICES DISCUSSED. Mr. Rosland advised that he had attended a meeting at which Abbott/Northwestern Hospital, Olson Ambulance and Smith Ambulance were represented, at which emergency medical services were discussed. He explained that the County is considering setting rates for emergency services and that Edina Personnel is being trained by the County. Mr. Rosland said that,.at this time, Edina will continue to operate its emergency ambulance service as in the past. No formal action was taken. MINNESOTA ENERGY CONFERENCE NOTED. Mr. Rosland called Council's attention to the Fourth Annual Minnesota Energy Conference and Exhibits which will be held on April 19 and 20, 1978, at the Radisson South Hotel. The City will be represented. No formal action was taken. . EDINA LOGO USE CONSIDERED. Mr. Rosland advised that Korst Jewelry Co..had asked if they could make use the Edina logo on jewelry which they make and sell. &e clarified that the logo is a registered trademark and recommended that, if the request is granted, an agreement be- developed which would set forth certain condi- tions for its use. It was generally decided that the City Manager explore methods by which some agreement could be developed under which a fee could possibly be charged. ENERGY PICTURES DISCUSSED. energy pictures which would indicate.heat loss throughout the City. advised that this action is being considered and that it will be brought to Council along with the 1979 budget. No action was taken. . Eo formal action was taken. Councilman Courtney suggested that the City take Kr. Rosland - -LIQUOR STORELibiDVERTISING TO BE DISCUSSED AT FUTURE DATE. Mr. Rosland recommended that approximately $2,000 be spent to advertise the new liquor store in the Edina Sun and in one of the Minneapolis papers. Rosland get costs for newspaper ads and that plans be developed for announcement of the opening of the new store in a news letter. 1978 LEAGUE OF MINNESOTA CITIES CONFERENCE NOTED. Efr. Rosland called Council's attention to the 1978 League of Minnesota Cities Conference which will be held at the Radisson Hotel Downtown on June 6 thru June 9. No action was taken. Hayor Van Valkenburg suggested that Mr. No formal action was taken. I SS-347 AND FJM-331 BIDS AWARDED. received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin. Luxe Construction at $42,601.75, against Engineer's estimate of $44,252.50. Councilnan Richards' motion for award to recommended low bidder, G. L. Contracting, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of two bids' Tabulation showed G. L. Contractiiig low bidder at $36,971.50 and De Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ho tion carried. I STUMP REMOVAL BID AI?ARDED. taken for removal of stumps. Tabulation showed Stumps, Inc., low bidder at 33C per inch, Daves Stump Removal Service at 84~ per inch and Conrad's Tree Stump Removal at 42~ per inch. Councilman Richards questioned limiting the amount. of the bid to $1,500. $2,000 to recommended low bidder, Stumps, Inc., Notion was seconded by Council- man Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. Mr. Rosland presented tabulation of informal bids He then moved award of bid for an smountl up to BRAEMAR GOLF COURSE CASH REGISTER BID AWARDED. 0f.informalbids talcen for a new cash register at Braemar Golf Course. Mr. Rosland presented tabulation Tabula- . -. 4/3/78 133 i tion showed NCR Corporation at $2,780.65, Delta Systems at $2,709.00 and Victor ERC Systems .at $3,695.00. ).ow bidder, Delta Systems, was seconded by Councilman Shaw. Ayes: Courtzley, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Courtney's motion for award to recommended CARPETING AT BRAEMAR GOLF COURSE BID AWARDED. Mr. Rosland presented tabulation of three informal bids received for carpeting at Braemar Golf Course. Tabula- tion showed Noah Williams & Associates, Incl. , low bidder at $2,457.40, Tome Carpet Co. at $3,422.00 and Karagheusian Rugs at $3,946.60. Councilman Shaw's motion for award to recommentled low bidder, Noah Williams and Associates, Inc., was seconded by CounCilman Richards. Ayes:. Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SALE OF FIRE TRUCK AND MONITORS CONTINUED TO NEXT MEETING. Mr. Rosland that no bids have been received for the monitors and that only two bids had been received for the fire truck, Councilwoman Schmidt's motion that the matter be continued to April 17, 1978, was seconded by Councilman Courtney. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Being advised by Nays: None Motion carried. LIGHTWEIGHT PORTABLE DEFIBRILLATOR BID AWARDED. Mr. Rosland presented tabulation of three bids received for a lightweight portable defibrillator showing American Optical Pulsar 4 at $4,420.00, Physio-Control Life Pak IV at $4,475.00, Physio- Control Life Pak V at $5,950.00, Hewlet Packard 78620A Defibrillator at $5,015.00 and Hewlet Packard 78620A with recorder at $6,640. purchase of Life Pak V because of its light weight. questioned if the weight requjcrement had been added-after the quotes had'been ' received. Mr, Rosland explained that it was felt that the difference in weight should be a decermining factor. Councilman Courtney's motion for award to Control for the Life Pak V at $5,950.00 was seconded by Councilwoman Schmidt. Mr. Rosland recommended Mayor Van Valkenburg . Physio- Ayes: Courtney, Richards, Schmidt, Shaw Nays : Van Valkenburg Motion carried. PURCHASE OF IjfEDIUM CAPACITY COPIER PURCHASE APPROVED. lation of three informal quotes received for a'medium capacity copier. showed the Xerox 4000 at $7,125, the Minnesota Mining & Manufacturing Co. Secretary 111 at $9,245 and the IBM Copier I1 at $12,420. motion for purchase of the Xerox.4000 at-$7,125.00 as recommended was seconded by Councilman Shsw. Mr. Rosland presented tabu- Tabulation Councilman Courtney's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PUBLIC OFFICIALS' LIABILITY INSURANCE BID CONTINUED TO NEXT MEETING. Mr. Rosland presented tabulation of bids received from Forum Insurance Co., Unimark-McDonald and International Surplus for public officials' .liability insurance, which had been developed by.Mr. Bernhardson with assistance from Mr. Fred Gedelman, Insur- ance consultant. Following general review of the tabulation, Councilman Rich- ards' motion that the matter be continued until April 17, 1978, so that alter- natives could be weighed was seconded by Councilman Shaw, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Motion carried, PURCHASE OF GOLF COURSE TRACTOR APPROVED. Mr. Rosland presented tabulation of three quotes received for an industrial tractor with loader for use at Braemar Golf Course. Valley Equipment Co. at $9,167.00 and A & M Industrial Tractors, Inc., at $8,948.00. award to recommended low bidder, Long Lake Ford Tractor, at $7,197.00. Tabulation showed Long Lake Ford Tractor low bidder at $7,197.00, Councilman Shaw's motion was seconded by Councilman Richards for Ayes: Courtney, Ricliards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PURCHASE OF BATTERIES FOR GOLF CARTS APPROVED. of bids for 126 golf cart batteries showing Cushman Motor Company, Inc., low bidder at $4,011.84 and Stegner Golf Cars at $4,047.12. Mr. Rosland presented tahulation Councilnian Shaw's 4/3/78 motion for award to recommended low bidder, Cushman Motor Co., Inc. , was seconded by Councilman Richards. . Ayes: Courtney, Richards, Schmidt, Sliaw, Van Valkenburg Nays: "It? I -. i. I r. *' Motion carried. % 1 TRANSFER OF FUNDS APPROVED. As recommended by Mr. Dalen, Councilman Shaw's motion approving the following transfer of funds was seconded by Councilman $ 79,132.66 ' Sanitary Sewer No. 53 - To General Fund 42,892.94 Total $122,025.60 Richards : .. Advance Funding Highway Bond Fund - To General Fund Park Sinking Fund (Reserve for Land Acquisition - To. park Construction Fund to cover cost of purchase of Niller Property: Relocation $ 500.00 Rosiayn Niller 99,500.00 Real Estate Tax 2,995.33 Legal Costs To tal 722.00- $103,717.33 Ayes: Nays: None Notion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg CLAIMS PAID. and carried for payment of the following Claims as per Pre-List: $.62,087.58; Park Fund, $16,242.12; Art Center, $4,699.89; Park Construction, $2,192.53; Pool, $25.95; Golf, $5,863.38; Arena, $5,532.09; Water Fund, $7,973.95; Sewer Fund, $13,367.50; Liquor Fund, $1,994.95; Construction, $4,413.52; Total, $124,393.51.. Motion of Councilman Richards was seconded by Councilman Courtney General Fund, . . Ayes:' Courtney, Richards, Schmidt, Snaw, Van Valkenburg .Flays: None _. ._ .. . i3otiop carried. Council's agenda having besn covered, Councilman Shaw's motion for adjournment was . 7.