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HomeMy WebLinkAbout19780821_regularMINUTES OF THE REGTJLAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL 2361 AUGUST 21, 1978 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Msyor Van Valkenburg. Mrs. Helen McClelland of the Community Development and Planning Commission was present .. 3IINUTES of July 17, 1978, were approved as presented by motion of Councilman Courtney, seconded by Councilman Shaw. I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PUBLIC HEARINGS CONDUCTED ON PROPOSED ASSESSMENTS. Affidavits of Notice were . presented by Clerk, approved as to form and ordered placed on file. Pursuant to - -- due notice given, public hearings were conducted on the following proposed special assessments and action talcen as hereinafter recorded. A. GRADING AND GRAVELING IMPROVEMENT NO. C-127 IN THE FOLLOWING: To service 6617 Waterman Avenue Nr. Rosland presented analysis of assessment showing total construction cost of $750 proposed to be assessed againstone assessable lot at $750 per lot. objections were heard and none had bem received prior thereto. (See Resolution Ordering Assessment later in Minutes.! NO B. STREET IEiPR0VE"T NO. C-122 IN THE FOLLOWING: Noccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Kr. Rosland presented analysis of assessment showing total construction cost of $10,984.88, proposed to be assessed against 8 assessable lots at $1,373.11 per lot against estiinated assessment of $1,368.16. had been received prior thereto. Minutes .) No objections were heard and none (See Resolution Ordering Assessment later in C. WATmfAIN IXPROVDENT NO. Faf-310 IN THE FOLLOFJING: Moccasin Valley Road from South line of Moccasin Valley Addition Southerly to cul-de-sac Mr. Rosland presented analysis of assessment showing total construction cost at $8,687.68, proposed to be assessed against 8 assessable lots at $1,085.96, against estimated assessment of $1,114.92 per lot. none had been received prior thereto. in Minutes.) No objections were heard and (See Resolution Ordering Assessment later D. S-4NITARY SEWER IMPROV'EMENT NO. SS-334 IN THE FOLLOWING: Eloccasin Valley Road from the South line of Moccasin Valley Addition South- Mr. Rosland presented analysis of assessment showing total construction cost of $8,034.56, proposed to be assessed against 8 assessable lots at $1,004.32 per lot against estimated assessment of $1,169.10 per lot. and none had been received prior thereto. later in Minutes.) . erly to cul-de-sac No objections were heard (See Resolution Ordering Assessment E. WATERIWN IMPROVEMENT NO. mr-311 IN THE FOLLOWING: . Forest'Gl'en Road from'Valley VieweRoad. to cul-de-sac Mr. Rosland presented analys'is of assessment showing total construction cost of $13,218.44, proposed to- be assessed against: 4 assessable lots at $3,304.69 against estimated assessment of $3,101.56 per assessa'ble lot. heard and none had been received prior thereto. ment later in $Iinutes.) . No objections were (See Resolution Ordering Assess- F. SANITARY SEWER DPROVEMENT NO. SS-335 IN THE FOLLOFJING: Forest Glen Road from Valley View Road to cul-de-sac Nr. Rosland presented analysis of assessment showing total construction cost of $17,268.12, proposed to be assessed against 3 assessable lots at $5,756.04 against estimated assessment of $5,087.55. had been received prior thereto. Efinutes.) ' No objections were heard and none (See Resolution Ordering Assessment later in G. WATERBlAIK DPROVEXENT NO. Wf-309 IN THE FOLLOTJING: Parnell Avenue from Valley View Road to 6117 Parnell Ave. Mr. Rosland presented analysis of assessment showing total construction cost of $10,190.00 proposed to be assessed against 5 \assessable lots at $2,038.00 per lot. No objections were heard and none had been received prior thereto. Resolution Ordering Assessment later in Minutes.) (See H. WATERMAIN IEifPROVE3ENT NO. \.IEi-314 IN THE FOLLOl*7ING: 8/21 I78 236-1 Millpond Place from Westbrook Lane to railroad right-of-way \. Mr. Rosland presented analysis of assessment showing total construction cost of $6,806.31, proposed to be assessed against 5 assessable lots at $972.33, against estimated assessment of $1,078.57 per lot. lli-. F. K. Switzer, 5112 Millpond Place, objected that he already h'ad a watermain serving his property before the construction of the subject watermain and said that he was not told of this additional assessment at the time he purchased his house. a Consumer's Deposit had been paid by the owner of the property at the time the original watermain was installed, and that that fact would have been noted on the property card in the Assessor's Office. Mr. Hoffman explained that the original watermain was not adequate to serve the additional properties and that Mr. Switzer would be given credit for the $270 paid as a Consumer's Deposit toward his new assessment. received prior thereto. He was advised that No other objections were heard and none had been (See Resolution Ordering Assessment later in Minutes.) Goya Lane from Co. Rd. 158 to 50' 4- North of cul-de-sac; easement line from 50' + North of Goya Lane to Doncaster Way; of County Road 158 to Croyden Lane; Frontage Road of County Road 158 from Merritt Circle to Doncaster Way; age Road to Doncaster Way; Parkway; Glengarry Parkway from County Road 158 to Northwood Drive; wood Drive from Glengarry Parkway to Chantrey Road; Mirror Lakes Drive to Dundee Road; Dundee Road from Ayrshire Blvd. to Northwood Road; Ayrshire Blvd. from Mirror Lakes Drive to Dundee Road; South Drive from Mirror Lakes Drive to Dundee Road; Lakes Drive to Dundee Road Mr. Rosland presented analysis of assessment showing total construction cost of $247,136.84, propos.zd to be assessed against 116 assessable lots at $2,130.49 per lot against estimated assessment of $2,126.63 per lot. Council's attention was called to a letter from Mr. Robert A. McNeill, 5400 Glengarry Parkvay, object- ing that he should not have to pay for the watermain until he has connected to it. that the City has done nothing to repair it. Mr. Hoffman assured the Council had been received prior thereto. Minutes . ) J . I. WATERMAIN IMPROVEXENT NO. WM-318 IN THE FOLLOWING: Doncaster Way from Frontage Road Merritt Circle from County Road 158 Front- I Ayrshire Blvd. from Doncaster Way to Glengarry North- Northwood Drive from Hidden Lane from Mirror He also objected that his driveway was broken up during the construction and 'that the driveway would be repaired. No further objections were heard and none (See Resolution Ordering Assessment later in ,WATERMAIN IMPROVEMENT NO. WM-322 'IN THE FOLLOWING: Schaefer Road from the North line of Parkwood Knolls Addition to Idylwood Lane; Parkwood Road froQ Blake Road to Knoll Drive; Idylwood Lane from Slake Road to Schaefer Road; Knoll Drive from Blake Road to Schaefer Road; South Knoll Drive from Blake Road to Knoll Drive; wood Knolls Addition; Schaefer Circle from Schaefer Road to service Lot 7, Block 1, Parkwood Knolls 8th Addition Mr. Rosland presented analysis of assessment showing total construction cost of $221,417.44, proposed to be assessed against 83 assessable lots at $2,667.68 per lot against estimated assessment of $2,806.59 per lot. Attention was called to a letter from the attorney of Mr. Kenneth C. Joas, 6209 South Knoll Drive, object- that no improvement exists for which the property should be assessed and object- ing also that Mr. Joas had not received notice of the Improvement Hearing. was noted that Mr. Joas' name appeared on the mailing list for that hearing. It was further noted that Mr. Joas would be given credit for his Consumer's Deposit which was previously made. been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) Schaefer Road from View Lane to County Road 158; Akers Lane from Parkwood Road to North line of Park- It No further objections were heard and none had I K. WATERMAIN IMPROVEMENT NO. WM-323 IN THE FOLLOWING: Hillside Road from Valley View Road to Tracy Avenue; Hillside Road to Westridge Blvd.; sac; from Westridge Blvd. to Countryside Road; Blvd. to Crescent Drive; Crescent Drive from Crest Lane from Westridge Blvd. to cul-de- Westridge Blvd. from Valley View Road to Ridgeway Road; Crescent Drive Hunter Street from Westridge Highland Road from Westridge Blvd. to Crescent Drive. Mr. Rosland presented analysis of assessment showing total construction cost of 188,288.00, proposed to be assessed against 80 assessable lots at $2,353.60 Per lot against estimated assessment of $3,268.21 per assessable lot. Mr. Maynard Sieve, 6205 Hillside Road, recalled that he had objected to the improvement at the time of the public hearing and also objected that a special assessment search of his property did not indicate that a Consumer's Deposit had been made. He further objected that there was no benefit: to his property inasmuch as he already had City water. Mr. Ralph Campbell, 6220 Crescent Drive was assured that his driveway would be repaired within two weeks. Mr. Rosland said that he would talk to the Assessing Department to be sure that all Consumer Deposits have been put of record. thereto. No further objections were heard and none had been received prior (See Resolution Ordering Assessment later in Minutes.) 236-2 8/21/78 L. WATERMAIN INPROVDENT NO. WM-324 IN THE FOLLOWING: Doron Drive from Valley View Road to cul-de-sac Mr. Rosland presented analysis of assessment showinn total construction cost of $4,506.58, proposed to be assessed against two assessable lots at $2,253.29 per lot against estimated assessment of $1,623.20, none had been received prior thereto. in Minutes.) No objections had been heard and (See Resolution Ordering Assessment later M. SANITARY SEWER IMPROVEMENT NO. SS-338 IN THE FOLLOWING: Parkwood Road frcm Schaefer Road to Akers Lane; Road Northerly 230 feet f Akers Lane from Parkwood Mr. Rosland presented total construction cost of $20,287.08, proposed to be assessed against four assessable lots at $5,071.77 per lot against estimated assessment of $5,219.46 per lot. No objections were heard and none had been received prior thereto. (See Resolution Ordering Assessment later in Minutes.) N. SANITARY SEWER IKJ?ROVEXENT NO. SS-340 IN THE FOLLOIJING: Sunnyside Road from Tomes iioad to 240 feet f West Mr. Rosland presented analysis of assessment showing total construction cost Of $4,559.80, proposed to be assessed against 2 assessable lots at $2,279.90 per assessable lot against estimated assessment of $2,273.49 per lot. were heard and none had been received prior thereto. Assessment later in Minutes.) No objections (See Resolution Ordering 0. F~IATEREIAIN DPROVEMENT NO. WM-299 IN THE FOLLOWING: Morningside Area Mr. Rosland presented analysis of assessment showing total construction cost Of $329,589.06 proposed to be assessed against 624 lots at $534.18 per assessable lot against estimated assessment of $458.65 per lot. Mr. Dwayne Elvin, 4140 W. 44th Street, was told by Nr. Hoffman that the new watermain was intended to give better water pressure to the area because water pressure in the old pipes had been reduced because of the existence of tuberculation tn the pipes. Mr. Hoffman added that restrictions at the water meter in some houses had reduced their water pressure and added that one of the reasons for the improvement was to get improved water volume and pressure at the fire hydrants. He assured residents that he would check the complaints mentioned at this meeting. No further objections being heard, Councilman Richards offered the following resolution and moved its adoption: I RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STREET IMPROVEMENTS NOS. C-122 AND C-127 WATEREIAIN IMPROVEmNTS NOS. WM-310 , Wbl-311, WM-309, F*It1-314, SANITARY SEVER DPROVEl@:BTS $S&334, SS-338. SS-340 AND SS-335 WI-318, WM-322, WM-323, TW-324 AND TiM-299, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by law on the proposed assessment rolls for the improvements hereinafter referred to, and at such hearings held on August 21, 1978, has considered all oral and written objections presented against the levy of such assessments. 2. office of the City Clerk for Street Improvements Nos. C-122 and C-127, Watermatn Improvements Nos. IJM-310, 1fi.i-311, WM-309, 1@1-314, Tal-318, Ifif-322, Taf-323, WM-324 and IW-299, Sanitary Sewer Improvements SS-334, SS-338, SS-340 and SS-335 does"hot exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are hereby adopted and confirmed as the proper assessments on account of said respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. shall be payable in equal annual installments, the first of said installments, together with interest at a rate of 5% per annum on the entire assessment from the date hereof to December 31, 1979, to be payable with the general taxes for the year 1979. The number of such annual installments shall be as follows: Each of the assessments as set forth in the assessment rolls on file in the Except as to those parcels designated in Paragraph 4 below, the assessments I Name of Improvement Number of Installments Street Improvement No. C-127 5 Street Improvement No. C-122 10 Watermain Improvement No. TJM-310 10 Watermain Improvement No. WN-311 10 Watermain Inprovement No. W1-309 10 Watermain Improvement No. IGl-314 10 Watermain Improvement No. Vlf-318 10 Watermain Improvement No. Inl-322 10 Watermain Improvement No. W&f-323 - 10 Watermain Improvement No. TJM-324 10 Watermain Improvement No. WM-299 10 Sanitary Sewer Improvement No. SS-334 10 Sanitary Sewer Improvement No. SS-335 10 8/21/78 236-3 Sanitary Sewer Improvement No. SS-338 10 Sanitary Sewer Improvement No. SS-340 10 4. The assessments hereby made against the following p,arcels are hereby deferred pursuant to Minnesota Statutes, Sections 435.193 to 435.195, inclusive, and the resolution of the Edina City Council dated August 21, 1978, until the deferment is terminated pursuant to Minnesota Statutes, Section 435.195, with interest on the deferred assessments, from the date hereof, at the rate of 1% over the rate of interest set out in Paragraph 3 hereof: Imp rovemen t No. FJM-322 Legal Description Lot 6, B1. 2, Parkwood Knolls 8th Amount 3ef erred $ 2,667.63 FJM-322 Lot 7, B1. 2, Parkwood Knolls 8th 2,667.68 WM-322 Lot 5, B1. 2, Parkwood Knolls 8th 2,667.68 WM-322 Lot 1, B1. 2, Parkwood Knolls 2,667.68 WM-3 18 Lot 3, B1. 3, Victorsen's Addn. to Edina Highlands 2,130.49 WM-318 Lot 3, B1. 2, Victorsen's Addn. to Edina Highlands 2,130.49 FJM-3 14 Lot 6, B1. 3, Tingdale Bros. Brookside 972.33 WM-299 N. 210' of Lot 24, Grimes Homestead 534.18 5. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. Also, the City Assessor shall deliver to the County Auditor such applications and authorizations as are required by the County to effectuate the deferments nade pursuant to Para- graph 4 hereof, and to evidence those deferments of record so as to give construc- tive notice of the assessments and their deferment. 6. payable by a county, by a political subdivision or by the owner of any right-of-way as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessment is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. The City Clerk shall also mail notice of any special assessments which may be . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. A PARKWOOD KNOLLS 20TH ADDITION FINAL PLAT APPROVAL CONTINUED. Mr. Hughes, Councilman Richards' motion was seconded by Councilman Shaw, continuing Final Plat Approval for Parkwood bolls 20th Addition to September 11, 1978. As recommended by Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. 0RDINAN.CE NO. 811-A120 GRANTED FIRST READING. Clerk, approved as to form and ordered placed on file. Affidavits of Notice were presented Mr. Hughes presented the request of Braemar Associates to rezone property generally located on the North corner of W. 78th Street and Cahill Road from R-1 Residential District to PRD-3 Planned Residential District to allow construction of 41 townhouse units and advised that Planning Comission had recommended approval subject to the following condi- tions: 1) Accgrate topography for the site must be provided; 2) Complete grad- ing and utility plans and all other materials must be provided !.for final'approval; 3) Unit 17 (access for which appears to have access difficulties and is very close to the anticipated roadway to Delaney Blvd.) should be eliminated; thru 17 should be arranged in two 5 to 6 unit buildings rather than in one 12 unit building; length somewhat to reduce encroachment into the ponding area. Mr. Jack Barron, the developer, assured Council that the buildings would be set behind the hill to separate it from I?. 78th Street and to save a substantial number of trees. No further discussion being heard, Councilman Shaw offered Ordinance No. 811-A120 for 4) Units 6 5) Units 38-41 and possibly units 1-5 should be decreased in First Reading as THE CITY COUNCIL Section 1. follows : ORDINANCE NO. 811-A120 AN ORDIIWNCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-3) OF EDINA, MINNESOTA, ORDAINS: Paragraph 4 of Section 5 of Ordinance No. 811 of the City is ,enlarged by adding the following thereto: enlarged by the addition of the following property: "The extent of the Planned Residential District (Sub-District PRD-3) is That part of the East one-half of the Southwest one-quarter of the Southeast one-quarter of Section 8, Township 116, Range 21, lying South of the North 236-4 8/21/73 and 20 rods thereof and North of the center line of State Highway No. 5 as it now exists and \?est of the center line of County Road No. 28 as it now exists, according to the plat thereof on file and of record in the office of the Register of Weds in and for Hennepin County, Minnesota. Sec. 2. This ordinance shall be in full force and effect upon its passage publication. THE KERR COMPANIES ZONING REQUEST REFERRED BACK TO PLANNING COMMISSION. vits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the request of the Kerr Companies to rezone, pro- perty located immediately South of Perkins Restaurant on Eden Ave. from R-1 Single Family Residential District to 0-2 Office District. Mr. Hughes recalled that this 3.25 acre site was granted First Reading in 1969 for a 14 story apart- ment building but denied Second Reading when the proponents increased their request for a 20.story apartment. the site and to its extreme exposure to T.H. 100. Mr. Hughes advised that the proposed office building contains five stories and a large surface parking lot and explained that, because of the triangular shape of the lot, staff believes that the proposal would probably require front yard setback and parking variances. Referring to a traffic impact analysis submitted by the proponents, Mr. Hughes said that the development will generate approximately 1100 trip ends per day, but disagreed that 90% of the generated traffic will use T.H. 100 and 10% will use such streets as Vernon Ave. and 50th Street. of the traffic generated will approach from streets other than T.H. 100. Hughes said favorably upon building setback variances due to the unique shape of the parcel, it would not recommend F.A.R. variances, parking requirement variances or parking setback variances inasmuch as these variances relzte primarily to the intensity of use of the site rather than to site conditions. Mr. Robert Martin- son and Mr. David F?amer, representing The Kerr Companies, reviewed their pro- posal and explained their traffic impact study. were sent to 75 adjacent neighbors, but that few attended a meeting held last week. The proponents plan to meet with members of Our Lady of Grace Church and of the Edina Country Club in the near future. posed development were Dr. Harry Hall, 4902 Lakeview Drive and Mr. Newel1 Gasa- delen. would be generated iqould nake'.up Zor putting up ,a five istory building on the si.te, ad that, while he recognizes that the o\;v71er is entitled to develop the property, he believes that the proposed use is eo0 intense for the site. He ! expressed concern about the praposed variances and concurred with the Mayor that more must be known about possible changes in road patterns for access to the build- ing and whether additional sewer and watermains would be needed. that the matter be referred back to the Planning Commission for additional input from others in the community, to study the impact on the existing sewer and water systems, to get additional facts on the Willson Road traffic and to determine if a single access to the building will be appropriate. Councilwoman Schmidt. Affida- l He referred also to serious soil problems on He estimated that perhaps 25% that, while the staff would encourage the Board of Appeals to look Mr. Council was advised that letters Expressing opposition to the pro- Councilman Richards said that Ee did not believe khat any tax base which He then moved Notion was seconded by Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: Eone lotion carried. OFBINANCE NO. 811-AI21(GITTLE" CORPORATION) GRANTED FIRST READING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the request of the Gittleman Corporation for zoning property generally located at the Southwest quadrant of Cahill Road and Dew@ Hill Road from R-1 Single Family Residential District to PRD-3 Planned Residential District, advisicg that it 5s proposed to construct three condominium build5ngs contain- ing 159,units (7 units per acre) on this 24 acre tract of land. Plr. Hughes recalled that the Court affirmed the action of the City in 1975 denying a proposal to construct two 5 story buildings on the site. Commission has recommended approval inasmuch as the proponents have done an exceptional job irr responding to many of the objections and concerns of the City and neighbors as follows: 1) Tine total number of units has been reduced from 276 to 159. have been given preliminary approval for two other multiple residential develop- ments in Southwest Edina; in conformance with the Southwest Edina Plan; been primarily located on the Eastern portion of the site to provide a buffer for single family homes to the Vest; 4) Surface parking has been located away from the ponding areas and is well hidden from properties to the West; 5) The access road to Dewey Hill Road is located as far as possible from single family residences and maintains an adequate dis tance from the Cahill Road/Dewey Hiil Road intersection. as-possible to eliminate the possibility of headlights shining into homes on I Council was advised that the Planning The proposed density of 7 units per acre is below the densities which 2) Building height has been reduced to three stories . 3) The proposed buildings have The access road to 3elaney Road is located as far South 237 I I Coveiitry Way, to avoid encroachment into ponding areas, and to provide adequate sight distance for Delaney Rlvd. discourage through traffic; The internal roadway system is designed to facilitate the future inclusion of the five acre parcel which fronts on Cahill. Road aiid is not controlled by the propon- ents. inary approval with the suggestion that the following items should be considered in the preparation of final plans for the project: must be maintained at the intersection of Cahill Road and Dewey Hill Road; surEace parking lot Northeast of Building 3 should be modified to facilitate the future incorporation, if warranted, of the Easterly parcel not owned by the pro- ponent; 3) Signs for the development must be in conformance with the Sign Ord- inance; 4) Final zoning is contingent upon final plat approval for the site. Mr. Me1 Gittleman, the developer, reviewed plans for the development and advised that he has negotiated with Mr. Foster Green for land to the East of the site which he will ixorporate with his overall development. He added that 71% of tha site will be left in open space. Mr. Garfield Lovaas, 7409 Coventry Way, referred to the petition of neighbors to vacate the portion of Delaney Blvd. from Dewey Hill Road to 800' South and suggested that this hearing is premature in view of the fact that action has not been taken on the petition. Discussion ensued as to the possibility of developing an R-1 lot on the Southeast corner of Coventry Way and Dewey Hill Road. lot at the time the plat is brought to Council. the following ordinance for First Reading, emphasizing that land to the West of Delaney Blvd. is included in the zoning: The internal roadway system is also designed to 6) The steep slopes located on the Southwesterly .portion of the site are preserved and should provide an excellent buffer; 7) Based on the above factors, the Planning Commission recommended prelim- 1) Adequate sight distance 2) The Mr. Hughes said that a decision should be made on this Councilman Richards then offered ORDINANCE NO, 811-AI21 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY AEDING TO THE PLANNED RESIDENTIAL DISTKICT (PRD-3) THE CITY COUNCIL OF THE CITY OF EDINA, NINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto : "The North thirty (30) acres of the Northwest Quarter of the Southeast Quarter .of Section 8, Township 116, Range 21, according to the Government Survey thereof; except the Easterly 440 feet of the Southerly 550 feet thereof. Sec. 2. publication. Paragraph 4 of Section 5 of Ordinance No. 811 of the CZty is This ordinance shall be in full force and effect upon its passage and NODMNDALE CARR REPLAT GUTTED FINAL PLAT APPROVAL. Mr. Hughes presented Norman- dale Carr Addition for final plat approval, advising that all ordinance require: ments had been met. No objections being heard, Councilman Shaw offered the fol- lowing resolution and moved its adoption: RESOLUTION GEANTING FINAL APPROVAL OF NORVANDALE CARR REPLAT 8 . BE IT RESOLVED by the Clty Council of the City of Edina. that that certain plat known as Normandale Carr Replat, platted-by Irving-J. Carr and Catherine A. Carr, husband and wife, and presented at the Edina City Council Meeting of Aug- ust 21, 1978, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resoltuion adopted. MORINE' S ADDITION GRANTED FINAL PUT APPROVAL. Addition for final plat approval, advising that all ordinance requirements had been met. and moved its adoption: Mr , Hughes presented ldorine's No objections being heaid, Councilman Shaw offered the following resolution RESOLUTION GRWTING FINAL APPROVAL OF BE IT RESOLVED by the City Council of the City of Edina, that that certain plat known as "Marine's Addition", platted by John H. Morine, Jr., and Carol V. Moriiie, husband and wiEe, and presented at the Edina City Council Meeting of Aug- ust 21, 1978, be and is hereby granted final plat approval. Eotion for adoption of the resolution was seconded by Councilman Richards. MORINE S ADDITION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted, MARK NELSON FIRST ADDITION FTNAL -PT,AT APPROVAL CONPIP24ED. Mark Nelson First Addition had been granted final plat approval approximately one Mr . Hughes recalled that -- year ago but that the plat had not been fi:Led at the County at that time. Sib- 8/21/78 23s - - .. \ sequently the parties to the plat have changed and the proponents have requested that a new resolution of approval be adopted. features of the plat have not changed, Councilwoman Schmidt o€fered the follow- Being advised that the physical _- Llg rescilution and iiit-~ed its adoption: RESOLUTION GMNTING FINAL PLAT APPROVAL TO MARK NELSON FIRST ADDITION BE IT RESOLVED by the City Council of the City of Edina, that that certain plat known as "Nark h7elson First Addition", platted by Florence M. Stucki, widow and Mark B. Nelson, Interior Desigq, Inc., a Minnesota Corporation, and presented at the Edina City Council Meeting of August 21, 1978, be and is hereby approved. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted, PEAR IV URBAN HENNEPIN COUNTY COENUNITY DEVELOPMENT BLOCK GRANT APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. be conducted on the amendment of the Year IV Urban Hennepin County Community Development Block Grant Application and that the amendment would designate the Morningside School acquisition and redevelopment project as an eligible Year IV Community Development Block Grant Activity. He advised that it has been deter- mined that such a request 'for release of funds will not constitute actions signi- ficantly affecting the qualfty of che human environment and, accordingly has pre- pared an Environmental Impact Statement under the National Environmental Policy Act of 1969 (PL 91-190) inasinuch as 1) no significant adverse effects have been identified; and 2) the proposal will beneficially expmd recreational opportun- ities in the Morningside Area of Edina. Courtney offered the following resolution and moved its adoption: Nr. Hughes explained that the law requires that a public hearing No objections being heard, Councilman RESOLUTION APPROVING ANENDMENT OF YEAR IV URBAN HENNEPIN COUNTY CObDlUNITY DEVELOPMENT BLOCK GRANT APPLICATION BE IT RESOLVED that the Edina City Council does hereby grant approval for the anendment of the Year IV Urban Hennepin County Community Development Block Grant (PL 93-383) to be used for the Morningside School Acquisition and Redevelopment P-roject,and that said project will be a multi-year Community Develo ment Project. Motion for adoption of the resolution was seconded by Councilman SRaw. Rollcall : Ayes : CourJney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BID ASJARI)ED FOR LAKE EDIflA PAKL BALLFIELD FENCING. Mr. Rosland presented tabula- tion of t3~0 bids received for fencing for the dugout and back stop repair €or the Lake Edina Park Ballfield. Tabulation showed Crown Iron Works low bidder at $1,940 ... 00 and Century Fence at $2,907.00. recommended low bidder, Crown Iron Works, igas seconded by Councilman Richards. Councilnian Shaw's motion for award to Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BID AWARDED FOR ART CESTER AIR CONDITIONING AND VENTILATION. tabulation of ~WO bids received for air conditioning and ventilation for the Edina Art Center showing Iloov-Aire, Inc., low bidder at $9,885.00 and Rouse Mechanical at $10,835.00. Councilman Richards' motion for award to recornended low bidder, Hoov-Aire, fnc., was seconded by Counci1~;roman Schmidt. Mr. Rosland presented Ayes : Courtney, Richards , Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. HISTORIC PARK RESTORATION BIDS APPROVED. Mr. Rosland presented tabulation of four bids received for the restoration of the Grange Hall and Cahill School at Tupa Historic Park. Tabulation showed Socon, Inc., low bidder at $28,096.00, C. 0. Field Co., at $39,750.00, Frana & Sons, $42,308.00 and Carlson-LaVine at $49,250.00. Socon, Inc,, was seconded by Councilwoman Schmidt. Councilman Richards' motion €or award to recommended low bidder, Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Motion carried. RENTAL OF PRENTICE TRUCK AND LOADER BID AWARDED. Mr. Rosland =called that, in m effoat Lo speed up the.remova1 OE diseased trees, the Council had been polled 7 by telephone E or rental of a Prentice Loader; Councilwoman Schmidt's motion con- 8/21/78 239 firming approval by the Council to rent a Prentice Loader from B. L. Leasing for - _- $2,800 pcr.inonth was seconded by Councilman Courtney, Ajws : Courtney> Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. GARDEN PARK SOD BID.AWARDED. Mr. Rosland presented tabulation of two bids for for Garden Park and the drainage area's soccer field showing Kiebe Sod Company bidder at $3,000.00 and Lawn King, Inc., at $3,200.00. Councilwoman Schmidt's motion for award to recommended low bidder, Riebe Sod Company, was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. sod low TRAFFIC SAFETY COHMITTEE MINUTES OF AUGUST 15, 1978, APPROVED. Councilman Court- : ney's motion accepting Sections B and C of the Traffic Safety Committee Ninutes of August 15, 1978 and approving the following recommendation was seconded by Council- man Shaw: Avenue east to Barrie Road be removed and basis at this same location to allow parking from 2:30 p.m. to 11:30 p.m. ing would be temporary for six months and reviewed at the February, 1979 Traffic Safety Committee Meeting. Continued use of W. 65th Street on-street parking after this date would be contingent upon the hospital administration providing the Committee with professional plans and schedules for sol-Ting their parking problems including incentives to employees for using public transportation, formation of car pools, and the possibility of the hospital providing a shuttle bus service for its employees. That the NO PARKING signs on both sides of W. 65th Street from Drew that signs be installed on a temporary The sign- a p. I\. a 4 a Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. OSCAR ROBERTS COMPANY SUIT FOR FLOOD DAMAGE REFERRED TO INSURANCE COMPANY. Rosland called Council's attention to a suit against the City by Oscar Roberts Mr. I Company for damage caused by water damage. insurance company and to the City Attorney. TRACT A, R.S.S. 1365 PROPOSED COMMERCIAL USE REFERRED RACK TO PLANNING COMNISSION. Mr. Rosland referred to a memorandum from Mr. Hughes with reference to the pro- posed commercial use of the Easterly portion of Tract A, R.L.S. 1365, located East of the Junior Achievement Building on 69th St. and Valley View Road. Council was reminded that when the Council granted a lot division for the subject tract in March, 1977, for the construction of the Junior Achievement Building, concern was expresed about the potential use of the zenlaining 45,000 square foot parcel , and that Dayton-Hudson Corporation,, the property owner had pledged that the parcel would bemarketed for only.non-commercial uses. Dayton-Hudson has recently entered into a purchase agreement for the parcel with Spa Petite, which company proposes to construct a two story building on the site with a health spa on the first level and its corporate offices on the second level. The health spa would be open from 9:00 a.m. to 9:00 P.m. and would serve approximately 200 ?atrons daily. Mr, Hughes pointed out that, while the site is zoned C-3, the health spa use is less intense than most uses allowed in the C-3 District, and expresed concern that the health spa could vacate the building and a much more intense use could be established greatly expanded (creating a more intense use) and still be in conformance with the zoning ordinance. Mr. Emmet Albergetti, representing Dayton-Hudson, confirmed Mr. Hughes' statement that Dayton-Hudson and Spa Petite have agreed to enter into a deed restriction regulating the re-use of the proposed building in the event of its vacation and also regulating future expansions to the building. LUso urg- ing that the proposed commercial use be approved for the site was a represeatative of Spa Petite. Road should be notified of a hearing on the matter. Councilman Richards also sug- gested that no action should be taken until a decision is made relative to a bank which is proposed to be located on the Southeast corner of the Southdale Office Building site. Councilman Richards then moved that the matter be referred back to the Planning Commission and that notices be sent to Southdale Road residents. Motion was seconded by Councilwoman Schmidt. . Ayes : Courtney, Richards, Schmidt, Shaw Van Valkenburg- The matter has been referred to the No formal action was taken. Mr. Hughes adfised that and tlie size of the building Concern was expressed by the Council that residents on Southdale Nays: None Motion carried, WOODWINDS APARTMENTS SURVEY CORRECTION ORDERED REMOVED FROM AGENDA. Being adviscd that nothing liar1 been heard relative to the correction in the Windwoods Apart- ments survey correction since the matter had been continued from the Council Meet- 8/21/78 240 ing of August 7, 1978, Couiicilman Courtney's motion that the matter be removed from the agenda was seconded by Councilman Richards. Ayes : Courtney, Richards , Schmidt, Shaw, Van Valkenburg Notion carried. Nzys: N9ne I, DE LARIA'S RESTAURANT FOOD ESTABLISHMENT LICENSE DISCUSSED, Mr. Rosland advised Council that DeLaria's Restaurant has not been brought up to code as dir- ected by the Health Department. Mr. William Westerhoff, owner of the restuarant, said that he had not anticipated the problems when he purchased the restuarant and that it- was difficult to wcrk out a solution. Assistant Sanitarian;. David Velde, advised that nothing had been done to abate violations in the lower level and that only about 40% of the violations had been corrected in the upper level. Councilman Courtney's motion was seconded by Councilwoman Schmidt ordering Mr. SJesterhoff to submit a schedule to correct the violations within two weeks and to have all violations corrected no later than November 1, 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LE BISTRO APPLICATION FOR WINE LICENSE DENIED. Mr. Rosland advised Council that an application for a Wine License for Le Bistro had been received. Recalling the referendum held a few years ago in which Edinaxesidents had voted against on-sale liquor, as well as a similar request for a Wine License by another restaurant which had been denied more recently, Councilman Courtney's motion to deny the request was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. DELANEY BLVD. VACATION HEARING DATE SET. petition, signed by residents on the East side of Coventry Way, requestirrg Council was advised of receipt of a the vacation-of the North 800 feet of Delaney Boulevard. Mr. Rosland qecalled that the City had been filling the roadway with dirt that had been made avail- able to the City at a very reasonable price, but that, because of objections of Coventry Way residents, the work had been stopped. that there have been numerous hearings regarding this area at which everyone con- cerned had .zn ample opportunity to be heard and that he had considered the matter resolved. Mr. Garfield Lovaas, 7409 Coventry Way, said that the petition 57as jurisdictional and that a hearing is mandatory. Following some discussion, Councilwoman Schmidt offered the following resolution and moved its adoption: BE IT RESOLVED by the City Council of the City of Edina,,Hennepin County, Minne- sota, as follows: 1. It is hereby found and determined that the following described street should be considered for vacation, in accordance with the provisions of Minnesota Stat- utes, Sections 412.851 and 160.29: 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether such street vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the the, 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 con- spicuous places within the City as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: Councilman Richards said RESOLUTION CALLING PUBLIC €EARING ON STREET VACATION ,That portion of Delaney Boulevard from Dewey Hill Road to 800' South This Coancil shall meet at the time and place specified in the form of notice (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, NINNESOTA 55424 NOTICE OF PUBLIC HBIRING ON VACATIOhT OF ROADWAY IN THE CITY OF EDINA, HENNEPIN COUNTY , MINNESOTA FOR PORTION OF DELANEY BOULEVARD NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 14. 50th Street, on Sept- ember 18, 1975, at 7:OO p.m, for the purDose of hoiding a public hearing on the proposed vacation of a portion of Dclancy Boulevard, described as follows: All persons who desire to be heard with respect to the question of whether or not the above proposed street vacation is in the public interest and should That portion of Delaney Boulevard from Dewey Hill Road to 800' South 8/21/78 241 be macle, shall be heard at said time and place, The Council shall consider the extent to which such proposed street 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 own.iiig or contrnll-ing electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, 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 street vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL, Florence B. Kallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. 14. 54TH STREET DUST CONTROL REQUEST REFERRED TO ENGINEERING DEPARTMENT. attention was called to a letter signed by residents of 5346 and 5344 Xerxes Ave. So., requesting that the City take action.to alleviate dust on the portion of W. 54th Street West of Xerxes Ave., paralleling Minnehaha Creek. Mr. Rosland sug- gested that the road could be Qiven a coat of oil and sealed with sand. ter was referred to the Engineering Department for processing by motion of Council- man Shaw, seconded by Councilwoman Schmidt. Council's The mat- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. U. S. WOMENS' PUBLIC GOLF ASSOCIATION TOURNAMENT REFERRED BACK TO PARK BOARD. Mr. Rosland advised Council that the City has been asked to host the U. S. Womens' Public Golf Association National Tournament between June 25 and July I, 1979, at Braemar. He explained that the Park Board had voted to deny the request by a vote of 4 to 2, with one member stating that the staff should make the decision. The, potential loss of revenue was discussed, as well as the fact that the golf course might be torn up because of the irregation system which was recently approved. Council was advised that the Braemar Men's Club, the Women's Group and the Presi- dent of the Braemar Women's Club had indicated their approval of the tournament. It was pointed out' that some $2,000 has already been raised by the association, which funds would be used to defray any loss in green fees. Following consider- able discussion, it was informally decided to refer the matter back to the Park Eoard to get their reasons for denial in writing, meeting of the Park Board and ask Mrs. Kay Roe to represent the association at that meeting. representing the Minnesota Golf Association. Mr. Kojetin will call a special Speaking in favor of hosting the tournament was Mrs. Dee Ulsaker, FAMILY RENEWAL CENTER TO LEASE CAHILL SCHOOL. Mr. Rosland called Council's atten- tion to a letter from Mr. George Hie, Chairman of the Edina Board of Education, advising the Council of the decision of the School Board to lease a portion 02 Cahill School to the Family Renewal Center in accordance with action taken by the Council on August 7, 1978. Mr: Rosland 'advised that Fairview Southdale Hospital will be expending approximately $100,000 just to get ready for their first year at Cahill School and that he had warned hospital officials that they should consider this move very carefully. No action was taken, HEPATITIS REPORT MADE. Mr. David Velde advised Council that the State Health Department will advise the Edina Country Club tomorrow, after blood samples of club employees have been studied, whether or not it can open at that time. No action was taken. POLLING PLACES ACCESS BY ELDERLY AND HANDICAPPE!J DISCUSSED. Council v7as advised that a new Minnesota Statute provides that any curb adjacent to the main entrance to a polling place shall have curb cuts or temporary ramps, any stairs necessarily used to enter the polling place shall have a temporary handrail and ramp. DiscuS- sion ensued as to the potential danger to all voters in using temporary ramps, as well as to the cost of constructing the ramps. seconded by Councilman Shaw authorizing construction of temporary ramps for poll- ing places as necessary. I Councilman Courtney's motion was Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None No tion carried, The Clerk was requested to contact the League of Minnesota Cities to ask them to 8/ 21/78 242 lobuy for legislation which would allow the liand,capped and infirm to vote at one or two designated polling places which would not require temporary ramps. Councilman Richards also requested that letters be sent to any known handicapped p~pk zskhg tkt the;. vote by absentee ballot. SOUTH HENNEPIN HUMAN SERVICES COUNCIL PIEETING - NOTED, -- Councilwoman Schmidt advised Council of a meeting to discuss the future role of South Hennepin Human Services Council, which meeting will be held on August 24, 1978, at 8:OO a.m. at the Ramada Inn. No action was taken. I EDINA RESCUE SQUAD COMMENDED. a letter from Nrs. Rolla H. Parker, 3505 14. Fuller St., complimenting and thank- ing the Edina Rescue Squad for assisting her following an accident in her home. No action was taken. Mayor Van Valkenburg called Council's attention to PELRA COMPULSORY BINDING ARBITRATION LAWSUIT BY CITY OF RICHFIELD SUPPORTED. As recommended by Mr. Rosland, Councilman Courtney offered the following resolu- tion and moved its adoption: RESOLUTION SUPPORTING CITY OF RICHFIELD LAlJSUIT CONTESTING PELRA CO>PULSORY BINDING ARB ITRATION PROVISION IJHEREAS, the City of Richfield has initiated a lawsuit contesting the compulsory binding arbitration provisions of PELRA (City of Richfield VS. Local No. 1215, International Association of Fire Fighters and State of Minnesota, Intervenor); and WHEREAS, this lawsuit is currently under appeal to the Minnesota Supreme Court; and EHEREAS, the PELRA binding arbitration provisions delegate fundamental decisions regarding the kind, extent and cost of governmental services to private poli- tically unaccountable individuals; and WHEREAS, cities in Minnesota have generally had poor experience with these binding arbitration provisions in that decisions have been unfair, inflationary and detrimental to the collective bargaining process; and WHEREAS, other viable, more fair and just alternatives do exist to the PELRA binding arbitration provisions ; NOI?, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minne- sota as follows: 1. I That this City supports the City of Richfield in this lawsuit and directs that a copy of this resolution of support be filed with the League of! Mirnesota Cities. That the sum of $100 is hereby authorized to be paid to the League of Minne- sota Cities to assist in financing the cost pf appealing this lawsuit to the 2. . Minnesota Supreme Court. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PRINARY ELECTION JUDGES APPOINTED. resolution and moved its adoption: BE IT RESOLVED that the following Election Judges be appointed to serve on the Election Boards for the Primary Election to be held on September 12, 1978, and that the City Clerk be and is hereby authorized to make any substitutions or addi- tions that she may deem necessary: Precinct No, 1 - Mmes, Genie TJilliams, Lois Hallquist, Barbara Anderson, Rosity 'Barber and Helen Donovan, Alternate; Precinct No, 2 - Mmes. Joyce Akason, Chair- man, Naomi Johnson, Emily Scudder, Betty Jenson and Kay Tate, Alternate; Precinct No. 3 - Mmes. Jane Hawthorne, Chairman, Linda Smith, Sherrill Estensen, Louisa Gerstenberger and Patricia Lang, Alternate: Precinct No. 4 - Morningside Bldg. - Hmes. Shirley Dibble, Chairman, Alice Rose, Rachel Schoening, Jeanette Lushine and Kathryn Stamp, Alternate; Precinct No. 5 - Pimes. Henrietta Bartlett, Chair- man, Phyllis Cooper, Jill Ragatz, Sue Bonoff and Carol PfcPheeters, Alternate; Precinct No. 6 - lclmes . Jane Bains , Chairman, Catherine Swanson, Hope Eilers , Claire MacLennorl and Eileen Black, Alternate; Precinct No. 7 - Mmes. Bess Brudelie, Chairman, Helen Peterson, Naomi Ward, Barbara Matheson and Dorothy Stock- dal?, Alternate; Precinct No. 8 - Mnies. Xargaret Kinney, Chairman, Maxine Sanders, Constance Ryan, Florence Preudenthal and Jane Moran, Alternate; Xrnes. Yvonne Pord, Chairman, Ray Each, Elaine Olson, Annette Horton and Margaret TJodrich, Alternate; Precinct No. 10 - Mmes. Lynn Billings, Chairman, Virginia Bodine, Natalie Rudin, Pat Preerlcs and Margaret ElcLellan, Alternate; Precinct Councilman Richards offered the following RESOLUTION _Precinct No. 9 - P 8/21/78 No. 11 - Mmes. Geneva Smith, chairman, Anna Taggatz, Elinor Thornton, Gloria Thor- burn, and Bonnie England, Alternate; Precinct No, 12 - Nnes. Adele Olson, Chairman, Mary McDonald, Diane Greensweig, Doris Van Campen and Phyllis Taylor, Alternate; Precinct No. 13 - Mrnes. Margaret Delaney, Chairman, Mavis DeLanibert , Narie Crask, Marilyn Person and Edna Thomsen, Alternate; Precinct No. 14 - Mrnes. Mary Jane Platt, Chairman, Ruth Volk, Jeanette Lund, Esther Olson and Louise Carlson, Alternate; .Precinct No. 15 - Mmes, Charlotte Burns, Chairman, Patricia Olander, Virginia Burke, Helen Rumsey and Carol Hanson, Alternate: Precinct No. - 16 - Mmes. Judith Sotebeer, Chairman, Dona Monke, Ruth Fitzmaurice, Pat Halvor- son and Noreen Flynn, Alternate; Precinct No, 17 - Mrs. Lucille Russ, Chairman, Claire Ready, Ann Matula, Dode Thompson and Margaret Carlson, Alternate; - Pre- cinct No. 18 - Mmes. Betty Doolittle, Chairman, Signe Bjornson, Jean McDermid, Mary Ryan and Cynthia Elmquist, Alternate; Precinct No. 19 - Mmes. Sue Holden, Chairman, Helen McClelland, Sarah Taft, Angie Speliopolis and Phyllis Wohlrabe, Alternate. Notion for adoption of the resolution was seconded by Councilwoman Schmidt. 243 i Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. HEARING DATE SET FOR NUMEROUS ASSESSMENT HEARINGS. As recommended by Mr. Dalen, Councilman Richards offered the following resolution and moved its adoption: a (3 e 0 m RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR STORM SEWER IMPROVEMENT NO. ST.S-158 SABITARY SEWER IMPROVEMENTS NOS. SS-346, 88-347, SS-348 WATERMAIN IMPROVEMENTS NOS. WM-320, WM-330, WM-331 AND WM-332 STREET IMPROVEMENTS NOS. BA-2 11 , BA-2 17, BA-2 18 , BA-22 1, BA-222, BA-223 and BA-228 BE IT RESOLVED by the City Council of the City of Edina, Ninnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed €or the improvements set forth in the Notice of Eearing forms hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assessments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. This Council shall meet at the time and place specified in the Notice of Hearhg forms hereinafter contained, to pass upon said proposed assessments and the Clerk's action in publishing notices of said hearings in the official news-- paper in accordance with law is hereby approved. Notices being as follows: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING FOR ASSESSMENTS STORM SEWER IMPROVEmNT NO. ST.S-158 SANITARY SEWER IMPROVEMENTS NOS. SS-346, SS-347, SS-348 WATERMAIN IMPROVEMENTS NOS. STREET IMPROVEMENTS NOS . WM-320, WM-330 , T@f-331 AND 1.1-332 BA-2 1 I , BA-2 17, BA-2 18, BA-22 1, BA-222, BA-223 and BA-228 EDINA CITY COUNCIL will meet at the City Hall, 4iOl W. 50th Street, Edina, Plinne- sota, on Monday, September 18, 1978, at 7:OO p.m. to hear and pass upon all ob- jections, if any, to the following proposed assessments. These assessments are now on file in the office of the Edina City Clerk and open to public inspection. Assessment on the following will be payable in three equal installments over a period of three (3) years with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1979: 1. CONSTRUCTION OF SANITARY SEWER IMF'ROVEMENT NO. SS-347 Scriver Road from cul-de-sac 300 feet t Westerly. and 3, Block 1, Lots 1 and 2, Block 2, Taft Addition -The area proposed to be assessed for said improvement is as follows: Lots 2 Assessments on the following will be.payable in ten equal installments over a period of ten (10) years with interest on the entire assessment at the rate of 5% per annum from the date of the resolution levying the assessment to December 31, 1979. 2. CONSTRUCTION OF SANITARY SEWER NO. SS-346 Malibu Drive in Interlachen Hills 3rd Addition The area proposed to be assessed for said improvement is as follows: 13 thru 20, Block 1, Lots 22 thru 27, Block 1, Interlachen tIills 3rd Addition Merilane from Interlachen Blvd. North to cul-de-sac; Rolling Green Parkway Lots 3. CONSTRUCTIOH OF WATERMAIN NO. 320 8/21/78 244 4. 5. 6. 7. 8. 9. 10. 11. 12. from Interlachen Blvd north to Annawy Drive. BZvd north to Annamy Drive. cul dc-sac. Mait Lane from Annaway Drive to Merilanc. right of way line of Pfirror Lakes Drive extended west to 650' wcst of Bywood West. FromMerilsne cul-de-sac; thence northerly along the east line of Lot 12, Block 1, Gunnar Johnson's Second Rearrangement of Rolling Green to a point IO' south of the northeast corner of said lot on said line; thence easterly 10' south of and parallel to the north line of Block 1, IJalling's Add'n, First Replat to the east line of said Block; thence easterly 85' to a point which is 5' north of the north line of Lot 1, Block 1, Hilldale LaLone Add'n.; thence easterly 5' north and parallel to said Lot 1 to the west right of way line of Circle West; thence to Circle West cul-de-sac. From Mait Lane north parallel and 5' west of theqwest of Lot 7, Block 1, Gunnar Johnson's 2nd Rearrangement of Rolling Green to the west line of Lot 4, Block 1, Gunnar Johnson's 2nd Rearrangement of Rolling Green; thence northwesterly along said west line to Annaway Drive. The area proposed to be assessed for said improvement is as follows: Twp. 117, Range 21, Parcels 0830 and 0840; Lots 1 and 2, Block 1, Beckstrom Addition; Lots 1 thru 3 and Lots 6 thru 8, Block 1, Carlsons Park Addition; Lots 1 thru 6, Block 1, Gilwood Addition; Lots 1 and 2, Block 1, Interlachen View Addition; Lots 1 thru 5, Block 1, Gunnar Johnsons Rearrangement, Rolling Green Addition; Lots 1 thru 12, Block 1, Gunnar Johnsons Second Rearrangement, Rolling Green Addition; Lot 1, Block 1, Replat of part of Gilwood Addition; Lot 1, Block 1, Replat of part of Lot 6, Rolling Green Addition; Lots 1 and 2, Block 1, Replat of Lot 30, Rolling Green Addition; Lot 1, Replat of Lot 31, Rolling Green Addition; Lots 5 thru 12, Lots 14 thru 16, Lots 18 thru 29, Lots 31 thru 36 and Lot 41, Rolling Green Addition; Lat 1, Block 1, Rolling Green- Bush Replat AddZtion; Lots 46 thru 54, Lots 59 and 60, Rolling Green Section Two Additiolr; Lots 1 thru 3, Block 1, Walling's Addition-First Replat. COEISTXUCTIOX OF WATERNAIN NO. 330 Iilalibu Drive in Interlachen Hills 3rd Addition. The area proposed to be assessed for said improvement is as follows: Lots 13 thru 20, Block 1, Lots 22 thru 27, Block 1, Interlachen Hills 3rd Addition. CONSTRUCTION OF I.JATERMI1IN NO. 331 Scriver Rpad from Blake Road to the west line of Taft's Addition. The area proposed to be assessed for said improvement is as follows: Lots 1 & 2, Block 1, Hyland Acres also that part of Lot 37, Atlditors Sub- division #325 lying northerly of Hyland Acres; Lot 3, Block 1, Hyland Acres Addition; Lots 2 and 3, Block 2, Hyland Acres Addition; Lots 2 and 3, Block 1; Lots 1 and 2, Block 2, Taft Addition. CONSTRUCTION OF WATERNAIN IMPROVEMENT NO. 332 To service 6017 Vernon Avenue. The area proposed to be assessed for said improvement is as follows: Lot 6, Block 1, NcGary Addition. CONSTRUCTLOX OF SANITARY SEWER NO. 348 To sewice 6017 Vernon Avenue. The area proposed to be assessed for said iiaprovement is as follows: Lot 6, Block 1, McGary Addition. Easement lines between Lots 23-24 and Lots 26-27, Block 1, Interlachen Hills 3rd Addition. The area proposed to be assessed for said improvement is as follOt7s: Lots 13 thru 20, 22 thru 27, Block 1, Interlachen Hills 3rd Addition. CONSTRUCTIOY OF STREET IMPROVEMENT NO. BA-211 Oak Lane from Grove Street south to cul de-sac. The area proposed to be assessed for said improvement is as fo~lows: Lots 1 and 2 Rep la t . CONSTRUCTION OF STREET IMPROVJNENT NO. BA-217 fox Meadow Lace from Blake Road east to cul-de-sac. The area proposed to be assessed for said improvement is as follows: Lots 2 thru 6, Block 1, Whiteman Addition. CONSTRUCTION OF STREET IMPROVEMENT NO, BA-218 Malibu Drive and Lincoln Drive in Edina Green. The area proposed to be assessed for said improvement is as follows: Lots 1 thru 12 Block 1, Lots 1 thru 4, Block 2, and Lot 1, Block 3, Edina Green. Vandervork Avenue from Division Street to 514 ft f north. Lots 3 thru 26, Block 14, Lots 1 thru 9, Block 15, Cleveland's Sub- Rywood West from Interlachen hnnawny Drive from Hcrilane wcst and rrorth ta Crcsccnt Tcrrnce from I3ywuod West to Rolling Grecn Pnrlcmy. Interlachen l3lvd from the wcst Sec. 29, CONST~UCTIOX OF STORM SEWER IHPROVENEHT NO. 158 Block 1, Lots 3 and 4 ex rd, Block 2, Warden Acres-Austin CONSTRUCT1 ON OF STREET IEIPROVEMENT NO. BA- 22 1 + division of Emma Abbott Park Addition. Florence Lsnc from Dewey Hill Road south to cul-de-sac. The. area proposed to be assessed for said improvement is as follows: Lots 1 thru 14, Block 1, Lyle Buchanan Addition. Beard Avenue from West 59th to West 60th Street. The area proposed to be assessed for said improvement is as follows: Lots 14, 15 & S25' 16, 17 & N25' 16, 18 thru 23, Block 5, Harriet Manor Second Addition and Lots 6 thru 9 inclusive, Auditor's Subdivision No. 312. Grove Circle. The area proposed to be assessed for said inprovement is as follows: Lots 1 thru 4, Block 1, Robert Middlemist Second Addition. 13. CO?JSTRUCTIOP? OF STREET TPlPROVE?IENT NO. BA-222 1.4. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-223. 15. CONSTRUCTION OF STREET IMPROVEPIENT NO. BA-228 First payment of these assessments will be payable with the taxes for the year 1978, collectible in 1979. interest at the same, rate for one year on all unpaid installments. of the property assessed for the above improvements may pay the whole of the assessment without interest to the City Treasurer on or before November 15, 1975, or make payment with accrued interest to the County Treasurer. Any owner may appeal the assessment to the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of Edina within twenty (20) days after the adoption of the assessment by the City Council, and by filing such notice with the District Court within ten (10) days after service upon the Mayor or Clerk . Pursuant to Minnesota Statutes, the City of Edina has adopted standards and guidelines for deferring special assessments against homestead property owned by persons 65 years of age or older for whom payment would be a hardship. To obtain deferment, application must be filed with the City Assessor's office by the close of business on the last business day before the City Council meeting set out in the first paragraph of this notice. and application forms, please call or visit the City Assessor's office. BY ORDER OF THE CITY COUNCIL To each subsequent installment will be added The owner For further inforination Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ROY W. TOMPKINS SUIT NOTED. Nayor Van Valkenburg advised that he had been served with papers today for a suit brought by Nr. Roy W. Tompkins because of the Council's action in denying Mr. Tompkins' request for a building permit. He requested that the matter be turned over to the'City Attorney. No formal action was taken. - EDEN IJRAIRIE ROAD STREET NAPE CHANGE DISCUSSED. Mayor Van Valkenburg said that he had been approached again by Mr. Sam Schneider relative to changing the name of Eden Prairie Road to "Whitehall Road". It was generally agreed that Mr. Schneider's request be denied inasmuch as a number of res5dents on the street had recently objected to the name change. No formal action was taken. J?hIRVIEW-SOUTHDALE BILLING DISCUSSED. view-Southdale Hospital had been advised that they would be charged for any staff or Council time spent in considering industrial revenue bonds, and asked Council and the staff to compute any time which they spent in regard to this matter. No formal action was taken. H.R.A. FINANCIAL STATEMENT BEING PREPARED. Mayor Van Valkenburg advised Council tliat Mr. Dalen is working on the H.R.A. financial statement and that it should be ready before too long. No formal action was taken. HUMAN RELATIONS COMNISSION DISCUSSED. concerned that the Human Relations Commission is duplicating Project CHarlie but that in meeting with the chairman of the group, he found that this was not the case. He said that the Commission is-working on their budget as well as the Youth Action budget and will be bringing information to Council at budget time. action was taken. The Nayor also asked Council for recommendations for a replace- ment for Mr. I,ce Otis who has missed five meetings and is no longer on the Coinmis- sion. Council without such a long delay. Mayor Van Valkenburg recalled that Fair2 Mayor Van Valkenburg said that he had been No The Mayor also requested that the Commission minutes be submittcd to the 0/21/ 78 .. 246 ART CENTER AC'I'IVITY DISCllSSED. Mayor Van Vallcenburg advised that he noted from the Art Center Plinutcs that the Center is considering a connection with Rick Fesler Tours, arid said that no activity should be undertaken rlrhicl? would have any commercial conno tation. No ac!:ion was .taken. EOARD OF APPEALS TINE LIMIT DISCUSSED. The Mayor expressed his concern about the length of time the Board of Appeals and Adjustments Commission meetings have been lasting. time of these meetings. No action was taken. He requested that some action be talceii by the staff to limit the YOUTH ACTION SUPPORT DISCUSSED. Councilwoman Schmidt advised Council that the Xetropolitan Council Health Board has expressed interest in the fact that the City is supporting Youth Action and feels that it is a worthwhile endeavor. No action was taken. LEAGUE OF MINNESOTA CITIES TAX INCREMENT MEETING DISCUSSED. Mr. Rosland referred to a meeting at Alexandria, Minnesota, which he and the Mayor attended relative to Tax Increment Financing. Information on the meeting will be sent out to the Council. No forinal action was taken. 50TH AND FRANCE BUSINESS EXPANSIONS DISCUSSED. Mr. Hughes advised that the Board of Appeals had requested the guidance of the Council in regard to parking problems in the 50th and France business district and spoke specifically of the request of Frank Kreiser Real Estate, Inc., for a parking variance in connection with the enlargement of their building. Mayor Van Valkenburg asked Mr. Hughes to work out a policy regarding business expansion and the need for additional parking stalls €or Council consideration at a later date. No formal action was taken. CLAI>lS PAID. payment of the foll.owing claims as per Pre-List: Fund, $3,313.03; Art Center, $4,003.57; Park Construction, $7,855.12; Swiming Pool, $4,028.18; Golf Course, $10,653.25; Recreation, $3,583.78; Gun Range, $998.31; Water TJorks, $1,543.42; Sewer Rental, $94,214.79; Liquor Fund, $186,766.53; Construction, $421,585.34; Total, $980,910.58. Motion of Councilman Shaw was seconded by Councilman Courtney for General Fund, $242,365.26; Park Np further business appearing, the Mayor declared the meeting adjourned at 11:20 p.m. City Clerk