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HomeMy WebLinkAbout19780911_regular252 - -\ I 1 --.+ MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTEMBER 11, 1978 7:OO P.M. Answering rollcall were members Courtney, Richards, Schmidt , Shaw and Mayor Van Valkenburg . Mrs. Helen McClelland, representing the Community Development and Planning Com- mission, and Mr. Homer Kinney, representing the Advisory Health Committee, were present. MINUTES of August 7, 1978, were approved as presented by motion of Councilman Courtney, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 1979 BUDGET PRESENTED. State Statute, and advised that Eudget Meetings will be held at 4:30 p.m. on September 13, 20 and 21, 1979, in the City Hall Conference Room. taken. Mr. Rosland presented the 1979 Budget in accordance with No action was VICTORSEN'S TIXBERS GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hughes presented Vict- orsen's Timbers for preliminary plat approval, recalling that, at the meeting of August 7, 1978, this-plat, located on the Northeast corner of the Crosstown Highway and Gleason Road, had been referred back to the Planning Commission so that they could further study questions as to grades and slopes, traffic safety and the pos- sibility of Crossview Lutheran Church platting its property in connection with the Victorsen property. road from Indian Hills Pass and Gleason Road and provided for a new access at McCauley Trail across property owned by Crossview Lutheran Church. access to the property provides for a 12% grade and construction of additional retaining walls. Mr. Hughes advised that the Community Development and Planning Commission had recommended approval of the plat, subject to the following condi- tions: 1) that a scenic and open space easement 100 'feet upland from Arrowhead Lake be required; District be submitted; keceipt of the required subdivision dedication and 5) receipt of an executed dev- eloperts.agreement. negotiations with the church and come back to Council for final approval on October 16, 1978. lfr. Keenan, representing Mr. and"Mrs. Victorsen, noted disadvantages to the revised plat from the developer's standpoint, advised that development would be more expensive and that there are 21, rather than 22, lots. Reference was made to a letter from Efr.JHarry A. Murphy, Jr., 6508 Indian Hills Road, stating his approval of the plat if a berm is constructed with a minimum height of 6 feet between the Victorsen property, the Ted Carlson property and his own lot, and if this berm will have plantings that will give it a natural look. representing Dr. Glenn Lewis, 6328 Gleason Road, expressed concern that the eros- ion problem had not been given adequate consideration and suggested that Lot 10 be eliminated. He also requested assurance that access to his home would not be cut off during construction. and said that it would be preferable if the density for the site was aiz ehe base of the hill as had been proposed originally. Hughes dated April 26, 1978, from the Chairman of the Hennepin Soil and Water Conservation District and contended that most of the questions raised regarding erosion and water run-off were never answered. Mr. Robert Perkins, 6909 Dakota Trail, expressed concern that the developer is planning too many lots for the area. Mr. Calvin R. Kuhlman, representing Crossview Lutheran Church, said that the church membership would have to evaluate the proposal before a decision can be reached. receive credit against any future dedication if it should dedicate a portion of its land for use for a road running thru its property at this time, Councilman Richards said that the overall effect of the development would have to be studied. Expressing concern also about lot sgze, possible erosion and storm water probleros was the resident at 6501 Cherokee Trail who requested that the Victorsens submit to the Hennepin Conservation District and the staff an erosion control plan. He said that the elimination of Lot 12 would reduce the average lot size from 34,393 to 23,535 square feet. Mr. William Burke, 6409 Cherokee Trail, also expressed his concern that the Eastern side of the hill would be denuded and presented a map showing an alternative plan which he said would be more environmentally sound. Mayor Van Valkenburg said that he also has concern about the lot sizes, but that the Council does.not have the authority to require that the lots be larger than required by ordinance. He presented a revised subdivision which eliminated the access The new 2) that a grading permit from the Nine Mile Creek-Uafei?shed 3) that the proposed Erosion Control Plan be approved; Mr. Hughes recommended that the Victorsens continue their 4) The attorney Dr. Lewis requested that all lot sizes be increased He referred to a letter to Mr. . I In response to a question of Mr. Kuhlman as to whether the church would He added that he believes that there has been a great 91 11 /78 253 improvement from the originally proposed plat. Cpuncilman Courtney then moved that the plat he granted preliminary approval, sub- ject to the following conditions: acceptable to the City of Edina of a scenic and open space easement over a strip of land contiguous to Arrowhead Lake, which strip shall extend to a line 100 feet upland from Arrowhead Lake as measured from the high water mark of Arrowhead Lake. This easement shall also include the bed and water of that portion of Arrowhead Lake lying within the boundaries of the subject subdivision. Receipt of evidence by the City of Edina that a grading permit has been issued by the Nine Mile Creek Watershed District for the subject subdivision. 3) Approval by the City of Edina of an Erosion Control Plan for the subject subdivision. 4) Receipt by the City of Edina of a subdivision dedication in an amount yet to be determined by the Edina City Council; 5) Receipt by the City of Edina of an executed qeveloper's Agreement for the subject subdivision. 6) Approval by the City of Edina of deed restrictions to be imposed by the developer against all lots in the subject subdivision. that the lots as originally platted in the subject subdivision shall not be further subdivided. ent to 6508 Indian Hills Pass of a height, slope and location acceptable to the City of Edina; residence, 6328 Gleason Road, will be maintained during the construction of roadways and other improvements associated with the subject subdivision. was seconded by Councilwoman Schmidt. Councilman Richards then amended the motion to provide for the following additional provisions: the preliminary plat dated August 30, 1978, by the elimination of Lot 10 and relocation to the North of the proposed roadway in the vicinity of this lot. Public road access for the subject subdivision in the location shown on the preliminary plat shall be acquired, dedicated, platted or obtained in a way acceptable to the City of Edina from Crossview Lutheran Church without payment by the City of Edina. matter. No modification of the physical conditions of the subject property (including the removal of trees) shall be commenced prior to final plat approval. The amendment to the motion was accepted by Councilman Courtney and Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. As recommended by the Mayor, I) Receipt by the City of Edina, and in a form 2) One of these deed restrictions shall state 7) Agreement by the developer to construct a landscaped berm adjac- 8) Agreement by the developer that an adequate access to the Lewis Notion 9) Modification of 10) It is recognized that the City of Edina will assist in this 11) Members of the audience were assured that those neighbors 3whose'names were on the mailing list for this hearing would be notified before the plat comes back to Council for final approval. PARKWOOD KNOLLS 20th ADDITION FINAL PLAT APPROVAL CONTINUED TO SEPTEMBER 18, 1978. Mr. Hughes recalled that Parkwood Knolls 20th Addition had been continued from the Council Meeting of August 21, 1978, but that, while many of the conditions required by the City have been met, the hardshells and linens have still not been received. The Mayor and Mr. Elansen agreed that; the lots that-the City wants for park pro- perty motion continuing the final plat for Parkwood Knolls 20th Addition to September 18, 1978, was seconded by Councilman Shaw, 4 should have nothing to do with the plat approval. Councilman Richards' Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Fays: None Motion carried. ST. ALBANS ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Hughes presented St. Albans: Addition for final plat approval, advising that all requirements have been met, whereupon Councilwoman Schmidt offered the following resolution and moved its adopt ion : RESOLUTION GRANTING FINAL PLAT APPROVAL ST. ALBANS ADDITION BE IT RESOLVED by the Edina City Council that that certain plat known as St. Albans Addition, platted by Rudy Trones, Jr., and Joyce E. Trones, husband and wife, and by Walter G. Irwin and Karen S. Irwin, husband and wife, and by St. Albans Episcopal Church, Lavern 0. Klingensmith, Senior Warden and John 0. Wallschlaeger, Junior Warden, and presented at the Regular Meeting of the Edina City Council of September 11, 1978, be and is hereby granted final plat approval. Motion for adoption-of the resolution Rollcall : Ayes: Courtney, Richards, Schmidt, Nays: None Resolution adopted. . was seconded by Councilman Shaw. Shaw, Van Valkenburg TUPA WOODS ADDITION (GROSS/FRASER-P~OSPECT HILLS FINAL PLIlir CONTINUED. AS recom- 9/11/78 254 mended by Mr. Hughes, Councilman Richards' motion was seconded by Councilwoman Schmidt, continuing final plat approval for Tupa Woods Addition (formerly known as Gross/Fraser-Prospect IIills) to Septernbe:: 18, 1978. Ayes: Courtney, Richards, Schmidt, Show, Van Valkenburg Nays: None No tion carried. I HEARING DATES SET FOR VARIOUS PLANNING MATTERS. Councilmasl Shaw's motion was seconded by Councilman Courtney, setting the follow- ing hearing dates for Planning matters: 1. Kzrr Companies - R-1 Residential District to 0-2 Office District.- Located at 4917 Eden Ave. - September 18, 1978 2. Gittleman Corporation - Preliminary Plat Approval - Located at the Southwest quadrant of Cahill Road and Dewey Hill Road - September 18, 1978 3. Dayton Hudson Properties - Proposed commercial use of the Easterly portion of Tract A, R.L.S. 1365 - Located East of the Junior Achievement Building - September 18, 1978 As recommended by Mr. Hughes, I 4. Frank Kreiser Real Estate Company - Appeal of Board of Appeals and Adjustments decision for 29 car parking variance - Part of Lot 49, Auditor's Subdivision 172 - October 2, 1978 Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MC GARY ADDITION EASEPENT VACATION APPROVED. by Clerk, approved as to form and ordered placed on file. Mr. Hoffman presented Affidavits of Notyce were presented the petition-for vacation of the West 5 feet of Lots 1, 2, 3 and 4, and the East 5 feet of Lot 5, Block 1, McGary Addition, advising that no objections had been received from the utility companies. No objections being heard at the meeting, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION VACATING EASEMENT FOR UTILITY AND DRAINAGE PURPOSES TviBEXEAS, a resolution of the City Council, adopted the 7th day of August, 1978, fixed a date for a public hearing on a proposed vacation of easement for utility and drainage purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 11th day of September, 1978, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said easement vacation be made; and LTHEREAS, the Council has considered the extent to which the vacatioa.affects exist- ing easements within the area of the vacation and'the extent to which the vacation affects the authority of any person, corporation, or municipality owning or control- ling electric or telephone poles and lines, gas and sewer lines, or water pipes, maim and hydrants on or under the area of the proposed vacation to continue main- taining the same, or to enter upon such easement area or portion thereof vacated to mintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the following described portion of the utility and drainage easement be and is hereby vacated effective as of September 12, 1978: The West 5 feet of Lots 1, 2, 3 and 4, and the East 5 feet of Lot 5, all in Block 1, McGary Addition, Hennepin County, Minnesota and that the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. MotLon for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. I HOPKINS MAILING ADDRESS FOR EDINA RESIDENTS QUESTIONED. Mrs. Eloyse Walcher, 6401 Mendelssohn Lane, asked Council for the City's support in her endeavors to have the Northwest area of the City (now served by the Hopkins Post Office under the . zip code of 55343) included in the Minneapolis Zip Code Book and addressed as Edina, rather than as Hopkins. She recalled that in 1973, the lriinneapolis Post- master, Mr. M. E. Layer, had agreed that all Edina residents whose mailwas pre- viously addressed "Hopkins 55343" should use "Edina 55343". that their mail is often delayed because their zip code is not included in the zip code book and emphasized that people living in Edina should have their mail add- ressed to Edina. Mr. Walcher referred to a-questionnaire sent out by Mr. Layer which' gave residents the option of using "Minneapolis 55436" or "Edina 55436" as opposed to "Hopkins 55343" but did not give the option of "Edina 55343". Speak- Mrs. Walcher advised 9/11/78 255 ing in support of Mrs. Walcher were Mrs. Jane Clifford, 421 Kresse Circle and Mrs. Lorraine Ctinningham, 6305 Maloney he., along with another unidentified lady. Nr. Rosland said that he would meet with Mr. Layer and see what could 5c done in regard to the situation. No formal action was taken. EDEN PRAIRIE ROAD STREET NAME CHANGE HEARING DISCUSSED. Council was advised that Mr. Sam Schneider has once again requested that a hearing be conducted to change the name of Eden Prairie Road. Mr. Rosland should advise Mr. Schneider that, in view of the fact that a hearing had recently been held, there would be a $200 charge to hold another hearing. formal action was taken. Following discussion, it was informally determined that No PLAYGROUND EQUIPMENT BIDS AWARDED. Mr. Rosland presented tabulation of bids for playground equipment showing a total bid from Miracle of $5,681.00 for a swing set (2 swan seats and 2 ponies), Natureville I Climber, Kangaroo Hop (2 ponies), Tornado Slide and 2 Saddlemates, and advised that $2,319.00 will be paid out of community development funds. Mr. Rosland also presented tabulation of bids for playground equipment showing a total bid of $4,036.00 from Gametime for a Wood Climber, Super Bee - Buck About, Auto Mate - Coil Spring, Two Back Hoes and a swing set (4 horses, 2 tot seats), and advised that $451.00 of this cost will be paid out of community development funds. recommended low bidder in each case was seconded by Councilman Richards. Councilman Shaw's motion for award to Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. UNDERGROUND CABLE TEST EQUIPMENT CONTINUED. As recommended by Mr. Rosland, Council- man Shaw's motion cantinuing award of bid for underground cable test equipment to November 18, 1978, was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Hotion carried. SUITS AND NOTICES OF CLAIMS AGAINST CITY DISCUSSED. Council was advised that the suit filed by Robert and Sharon Laurent and Dorothy Kaup for water damage caused by heavy has been referred to the City Attorney. An additional suit for water .daqage due rains exceeds the coverage of the primary carrier and that this suit to heavy raim have been filed against the City by David & Karen Wendt and Alvin and Judith Brown. and Lois M. Duff for damage to their property allegedly caused by flooding of Lake Cornelia. Council's attention was called to :a suit by Rolland J. Duff. Council was apprised also of a suit of Douglas Mosiman. .These matters have all been referred to the insurance company and to the City Attorney along with a suit against the Council brought by Roy W. Tompkins, d/b/a Prestige Realty. No formal action was taken. CITY NEWSLETTERS TO BE SENT OUT. Mr. Rosland advised Council that he has been working with Dr. Lieber, Superintendent of the Edina School District-and that they are proposing that three newsletters go out each year at specific times so that all people involved in putting newsletters together and the various volunteer boards would know the times and be able to gather their information. One letter. is to go out the latter part of September, one with the homestead exemption applications around the first of the year, and one will go out approximately the 1st of April as the preliminary to the Recreation Program. that the cost would be approximately $1,400 if the school print shop does the printing and approximately $2,000 if the printing is done by a private firm. cost would be shared by the School District and the City. he would work with Councilwoman Schmidt to include information from the Health Board with the mailing. to cooperate with the School District in sending out newsletters as recommended was seconded by Councilwoman Schmidt. ' Nays: None Mr. Rosland advised '. The Mr. Rosland said that Councilman Courtney's motion authorizing the City Manager Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Motion carried. COLONIAL CHURCH OF EDINA IZEVISED GRADING PLAN TO BE CONSIDERED. representing Colonial Church said that , aEter grading on 'the Northwest corner of the Colonial Church of Edina sire had been completed according to plan, resi- dents now think that the berm is too high and want to have it modified. Mr. Lauklca said that the church is agreeable to amending the grading plan, but will need Council's approval and hope to have the work completed this year. City Attorney Erickson said that the Planned Residential District Ordinance allows amendments if approved by Council action. councilman Shaw's motion Was set- Mr. Larry Laukka, 9/11/78 1 onded "y Councilman RicLaards that t..e Church be brought back to Council at its neet-lng of September 18, 1978. hearing on revised grading plans for Colonial Ayes: Courtney, Richards, Schmidt, Shag, Van Valkenburg Nays.: None Mot ion carried. 1 .* 1978 - 320 IBT/POLICE CONTRACT APPROVED. and appendices for the 1978 police settlement which is the result of the arbitra- tion award and subsequent negotiations between MAMA and the union to work out specific contract language to implement the atribrator's award. He explained the principal changes from the 1977 contract with regard to education-longevity, position differential, uniforms, injury on duty, insurance and wages and clari- .fied that it is now proposed that the top patrol salary be increased 8.57% from $1,400 per month to $1,520 per month, with the requirement that other rates be similarly adjusted, and, further, that Edina reduce from 48 to 36 months the length of time it takes to reach top patrol salary. moved by Councilman Courtney and seconded by Councilman Richards that the contract be approved with the exception of the section which would increase the starting patrol salaries. Mr. Rosland presented the master contract Following discussion, it was Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. VOTIEG MACHINE CANVASSERS APPOINTZD. As recommended by the City Clerk, Councilman Richards' motion was seconded by Councilman Shaw appointing the Voting Machine Canvassing Board for the September 12, 1978, Primary Election as follows: Messrs. Patrick Scott, W. Ralph Hines, Mark Bernhardson, Ralph Campbell, 111, Hilding Dahl, Glenn Harmon, Sam Mobley and Robert Wynkoop. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. DE TLARIA'S RESTAURANT DISCUSSED. Council was advised by Mr. Velde that he still has not received a schedule from DeLaria's Restaurant relative to correction of. ordinance violat'ions. unless the schedule is received on September 12, 1978. taken. I Mayor Van Valkenburg told Mr. Velde to close the restaurant No formal action was BELLBOY CORPORATION TO BE GIVEN LETTER OF CREDIT BY CITY. Mr. Rosland advised . Council that Bellboy Corporation is a new liquor supplier which has offered to sell liquor to the City at $1.00 per case over cost if the City will furnish them with a Letter of Credit. a Letter of Credit without any cost. Councilman Courtney's motion that the City draw a Letter of Credit for Bellboy Corporation was seconded by Councilman Shaw. Mr. Dalen said that the bank has agreed to give the City Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 1978 AUDITORS APPOINTED. Company, requesting appointment to conduct the City's 1978 audit at a cost of $10,500. Being advised that this will be the lkst of a three year commitment made when George M. Hansen Company was originally retained, Councilman Courtney's mDtion for its appointment as recommended by Mr. Rosland was seconded by Council- woman Schinidt . Mr. Rosland presented a >letter from'George .M.: Hansen Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I MORNINGSIDE AREA GARBAGE COLLECTION will be discussed at the October 2, 1978 Council Meeting. No formal action was taken. COXMUNITY HEALTH SERVICES ACT SUBSIDY REQUESTED. following resolution and moved its adoption: Councilwoman Schmidt offered the A RXSOLUTION APPROVING THE PLAN FOR PROVISION OF COM?AUNITY HEALTH SERVICES IN THE CITY OF EDINA AND THE SUBMISSION OF AN APPLICATION FOR THE COMMUNITY - HEALTH SERVICES ACT SUBSIDY I*?€IEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health of the City of Edina; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire community at the highest level; and 9/11/78 0 m WHEREAS, the Community Health Services Act provides for subsidies in support of 257 1 public health services on the local level tbrcughout the State of Minnesota; and WHEREAS, P special needs ctudy has been made and a special public meeting held relative to the needs and priorities of the community for Commxity Eezlth Ser- vices; and WHEREAS, the Advisory Board of Health of the City of Edina has reviewed the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council has reviewed this selfsame plan and finds it consistent with the needs and priorities.of the community as determined by the Advisory Board of Health and as expressed by the citizens of Edina; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA IN REGULAR MEETING ASSWLED, that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for the Com- munity Health Services Act subsidy. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BIDS TO BE TAKEN FOR PUBLIC IMPROVEMENTS. As recommended by Mr. Hoffman, Council7 woman Schmidt offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FJR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS SANITARY SEWER IMPROVEMENTS NOS. SS-349, SS-350 AND SS-351 WATERMAIN IMPROVEMENTS NOS. WM-33.1, WM-334 AM) WM-335 STORM SEWER IMPROVEMENT NO. ST.S-160 GRADING AND GRAVELING IMPROVEMENTS NOS. C-128 AND C-129 STREET IMPROVEMENT NO. BA-333 (base only) 6ka33 BIDS CLOSE SEPTENBER 29, 1978 3w SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street, at 11:OO a.m., Friday, September 29, 1978, and the Edina Cit? Council will meet at 7:OO p.m. on October 2, 1978, to consider said bids for the construction of Sanitary Sewer, Watermains, Storm Sewer and Grading and Graveling. The following are approximate quantities of the major items: 1500 C/Y, common excavation 1900 Ton, gravel base 600 L/F 8" and 10" D.1.P Sanitary Sewer 565 L/F 8" V.C.P. Sanitary Sewer 1170 L/F 6" and 8" D.I.P. Watermain 416 L/F 15" and 12" R.C.P. Storm Sewer 35 Trees, Cleared, Grubbed and Removed Bids shall be in a sealed envelope with a statement thereon showing the work cov- ered by the bid. 4801 W. 50th St., Edina, Minnesota 55424, and may be mailed or submitted through the mail or by personal submission. ing them my be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. (by check). Said deposit to be returned upon return of the plans and specifica- tions with a bona fide bid. No bids will be considered unless sealed and accom- panied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Bids should be addressed to the City Engineer, City of Edina, Bids received after the time set for receiv- Plans and specifications are available for a deposit of $25.00 The City Council reserves the Florence B. Hallberg 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. HEARXNG DATES SET FOR VARIOUS ASSESSMENTS, As recommended by Mr. Dalen, Council- man Shaw offered the.following resolution and moved its adoption: RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR STOFQI SEWERiIMPROVENENT NO. ST.S-124 SIDEWALK IMPROVEMENT NO. S-8 STREET IMPROVEMENT NO. BA-195 CURB AND GUTTER IMPROVEMENT NO. B-85 CONCRETE DRIVEWAY APPROACH IMPROVEMENT NO. E-28 BE IT RESOLVED by the City Council of the City .of Edina, Minnesota, as follows: 9/11/78 .. 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing forms hereinafter recorded, and the amounts proposed to be z,-sessed against the rcspective lots, places and parcels of land within the districts affect& by said improvenents 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 ofEice and open .to public inspection pending hearings thereon 2. This Council shall meet at the time and place specified in the Notice of Hearing 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. 2 as herein provided. Notices being as follows: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING>FOR ASSESSMENTS STORM SEWER IMPROVEHEIST NO. ST.S-124 SIDEWALK IMPROVEMENT NO. S-8 STREET IMPROVEMENT NO, BA-195 CURB AND GUTTER IMPROVEMENT NO, B-85 COHCRETE DRIVEWAY APPROACH IMPROVEMENT NO. E-28 EDINA CITY COUNCIL will meet at the City Hall, 4801 W. 50th Street, Edina, Minne- sota, on Monday, October 2, 1978, at 7:OO p.m. to hear and pass upon all objections, if any, to the following proposed assessments. in the office of the Edina City Clerk and open to public inspection. on the following will be payable in ten equal installments ovtr 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. 1. CONSTRUCTION OF STOPX SEWER IMPROVEMENT NO. 124 These assessments are now on file Assessment Highway 100 from North City Limits to Crosstown Highway. The area proposed to be assessed for s2id improvement is as follows: Parcel 2200, Sec. 18, TGp. 28, Range 24; Parcels 4930, 5100, Sec. 19, Twp. 28, Range 24; Parcels 0400, 0610, 0620, 1010, 1020, 1030, 1040, 1100, 1160, 1165, 3401, 3403, 5050, 5400, 6400, 6600, 6800, 7500, Sec. 28, Twp.. 117, Range 21; Parcels 0110, 0264, 0265, 1410, 1525, 1551, 1600, 1700, 2873, 5300, 5400, 5500, 7500, Sec. 33, Twp. 117, Range 21; Lots 5 thru 7, Block I, Lots 1 and 2, Block 2, Arden Park Third Addition; Lots 12, 34 and 17, Auditor's Subdivision No. 259; Lots 6 thru 14, Block 1, Lots 9 thru 15, Block 2, Lots 8 thru 11, Block 7, Lots 7 thru 18, Block 8, Lots 1 thru 24, Block 9, Brookside Heights +ddition; Lot 12, Block 7, Browndale Park Ad- dition; Lots 1 thru 3, Blk 1, Clover Lane Add; Lot.1; BLock 1, Lots 1 ,& 2 .' Block 2, Clover Lane Addition Second Unit; Lots 4 thru 9, Block 1, Clover Lane Addition Third Unit; Lots 1 thru 3 and Lot 5, Block 1, Code Avenue Addition; Lots 3 thru 5 and Lot 24, Block 1, Lots 1 thru 3 and Lots 10 t'nm 12, Block 2, Lots 1 and 2, Block 3, Codes Highview Park Addition; Lots 3 thru 7, Block 3, Country Club District, Brown Section; Lot 1, Block 1, Donatelle's Terrace Addition; Lot 4, Block 1, Donna Ridge Addition; Lots 1 thru 7, Block 1, Lots 5 thru 8, Block 2, Edenmoor Addition; Lots * 1 thru 12, Block 1, Lots 1 thru 12, Block 2, Edina Heights Addition; Lots 4 thru 25, Block 1, Lots 1 thru 8, Block 2, Edina Park Addition; Lots 2 thru 12, Block'l, Lots 1 thru 9, Block 2, Edina Ridge Addition; Lots 2 thru 5, Block 1, Lots 1 thru 4, Block 2, Lots 1 thru 7, Lots 13, 14, 15, Block 3, Edinbrook Addition; Lots 1 thru 3, Block 1, Enroth's Fir-st Ad- dition; Lot 3, Block 1, Golf Terrace Heights Addition; Lots 1 and 2, 4 thru 8, Block 1, Lots 2 thru 22, Block 2, Lots 7 thru 24, Block 3, Lots 11 - Block 1, Grandview Plateau Addition; Lot 1, Block 1, Herman Terrace Ad- dition; Lot 4, Block 1, Jonas Addition; Lot 1, Block 1, Kessler-Hilltop Addition; Lots 1 thru 6, Block 1, Melody Knolls First Addition; Lots 1 and 2, Block 1, Lots 1 thru 11, Block 2, Lots 1 thru 6, Block 3, Melody Knolls Second Addition; Lots 1 thru 3, Block 1, Lots 1 thru 14, Block 2, Lots 1 thru 7, Block 3, Lots 1 thru 3, Block 4, Lot 1, Block 5, Melody Knolls Third Addition; Lots 1 thru 8, Block 1, Lots 1 thru 6, Block 2, Lot 1, Block 3, Melody Knolls Fourth Addition; Lots 1 thru 4, Block 1, Melody Knolls Fifth Addition; Lots 1 thru 5, Block 1, Lots 1 thru 7, Block 2, Lots 2 thru 15, Block 3, Melody Knolls Sixth Addition; Lots 1 thru 4, Block 1, Melody Knolls Seventh Addition; Lot'l, Miller's Rearrangement of Lots 13, 14, Block 1, Edina Park Addition; Lot 1, Block 1, Normandale Lutheran Church Addition; Lots 4 and 5, Block 1, Lots 2 thru 6, Block 2, Normandale Court Addition; Lots 1 and 2, Block 1, Normandale Court-Ryrnes Replat; Lots 1 thru 14, Nylund's Place Addition; Tracts A, B, C, D, Registered Land Survey No. 5; Tract A, Registered Land Survey No. 212; Tracts A and B, Registered Land Survey No. 228; Tract C, Registered Land Survey No. 294; Tracts A, B, C, D, Registered Land Survey No. 390; Tracts 15, Block 4, Grandview Heights Addition; Lots 1 thru 3, and Lot 12, ! I D ! . ' 9/ 11/78 259 2. 3. 4. I so A and Bs Rc~ist~red L:ind Survey .NO. 1021; Tr:icts A, n, c, Rcpisterpd itInd SUrvcY No- 1393; Lot 1, Flock 1, Rt;~1~t of Lot 6 (2, :-fie €/2 of ~ot 5, codlls !!iS!'-*JiCw Par!< Addition; ~ots 1 thru 6, RZOCI~ I, Lots 1 thru 6, I%locIc 2, Replat Of Part Of Grandview Plateau Addition; Lots 1 thru 21, ~l~,~l~ 1, Lots 1 and 2, Block 1, Lots 4 thru 8, Block 2, Sagar Square Addition; Lot 4, Block 2, School Manor Addition; Lots 2 thru 23, Stow's Yvonne Terrace Addition; Lots 1 thru 12, Block 1, Lots 1 thru 12, Block 2, Lots 1 thru 12, Block 3, Lots 1 thru 7 and that part of Lots 9 thru 12 lying North of HWY 5, also Pt Lot 13, Block 4, Tingdale Brothers Brookside Addition; Lots 1, 2, 17, 18, Block 5 and North 125' of Lot 18, Block.6, Sunnyslope Section, Country Club Dist., Lots 2 thru 17, Block 7, Lots 1 thru 7, Block 8, Tillgdale Brothers Brookside Addition also Lot 1, Blk 2, Grand View Heights and the E 90 ft of Lots 21 & 22 of the N 30 ft of Lot 20 and the s 30 ft of E 40 ft of Lot 20, Blk 2, Grand View Heights incl adj, vac st ex rds. Lots 1 thru 4, Block 1, Town's First Edina Addition; Lots 2 thru 6, Block 1, Victorsen's Addition to Normandale Court; Lots 1 thru 3, Block 1, Wanner Addition; Lots 7 thru 33, Block 1, Lots 1 thru 7, Block 2; Lots 1 thru 6, Block 3, Lots 1 thru 5, Block 4, Lots 1 thru 3, Block 5, Lots 1 thru 5, Block 6, Lots 1 thru 3, Block 7, Westchester Knolls Addition; Lots 2 and 3, Block 1, George'A. Willson's Addition. East Frontage Road of Highway 100 from Benton Avenue to South View Lane. The area proposed to be assessed for said improvement is as follows: Sec. 19, Twp. 28, Range 24: Parcel 5100. West 70th Street from Minneppolis, Northfield and Southern Railroad tracks to Rabun Drive. West Frontage Road Highway 100 from West 70th Street to 174 feet South. West Frontage Road from West 70th Street to Metro Blvd. The area proposed to be assessed for said improvement is as follows: Sec. 8, Twp. 116, Range 21, Parcel 1210 and 2200; Sec. 9, Twp. 116, Range 21, Parcels 1610, 1620, 2625, 3505; Lot 8, Block 7, Lots 22 thru 28, Block 7, Brookview Heights Second Addition; Lot 19, Block 3, Brookview Heights Third Addition; Lots 1 thrtl 3, Block 1, Brookview Heights Third Addition-Jacobson Replat; Lot 8, Block 1, Duggan's Homestead Additon; Lots 1 and 2, Block 1, Lots 2 thru 5, Block 2, Lots 2 thru 6, Block 5, Lots 1 thru 3, Block 6, Edina Interchange Center Addition; Lots 13 and 14, Block 1, Lots 16 thru 22, Block 1, Outlot A, Edina Interchange Center Third Additon; Lots 1 thru 6, Block 1, Outlot A, Edina Interchange Center Fourth Addition; Lots 1 thru 6, Block 1, Lein's Edina Addition; Lot 1, Block 1, and Parcel 9000, Metram First Addition. CONSTRUCTION OF CONCRETE CURS AND GUTTER IMPROVEMENT NO. B-85 East and West Frontage Roads of Highway 100 from Willson Road to Valley View Road. The area proposed to be assessed for said improvement is as follows: See. 28, Twp. 117, Range 21, Parcel 7500; See. 19, Twp. 28, Range 24, Parcel 5100; Lcts 2 and 3, ex hwy, Block 1, Edina Ridge Addition; That part of Lot 3 and of Cherry Lane vacated lying Sly of N 174 ft thereof and N of S 15 ft thereof, Block 1, Lot 4 and hT 174 ft of Lot 3 incl that part of Cherry Lane vac lying N of a line par with and dis 174 ft S from the N lines of Lots 3 and 4 ex hwy, Block 1, Golf Terrace Heights Addition; Lots 2 thru 6, Block 1, Golf Terrace Heights First Addition; Tract Cy Registered Land Survey No. 294; Lots 1 and 2 ex hwy, Replat of part of Block 1, Golf Terrace Heights Addition; Lot 8 ex hwy, Block 2, Sagar Square Addition. West Frontage Road of Highway 100 from Willson Road to Valley View Road The area proposed to be assessed for said improvement is as follows: Sec. 28, Twp. 117, Range 21, Parcel 7500; Lot 3 ex hwy, Block 1, Edina Ridge Addition. Lots 1 thru 16, 3lock 2, Lots 1 thru 6, Block 3, Lot 1, Block 4, Richmond Addition; Lots 1 thru 12, Lot 16, Richmond Hills Third Addition; CONSTRUCTION OF CONCRETE SIDEWALK IMPROVEMENT NO. S-8 CONSTRUCTION OF STREET IMPROVEMENT NO. BA-195 . e' . CONSTRUCTION OF CONCRETE DRIVEWAY APPROACHES IMPROVEMENT NO. E-28 First payment of these assessments will be payable with the taxes for the year * 1978, collectible in 1979. To each subsequent installment will be added interest at the same rate for one year on all unpaid installments. The owner 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, 1978, or make payment with accrued interest to the County Treasurer. Any owner may appeal the assessrnenl: to the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon 9/11/78 260 the Mayor or Clerk of the City of Edina within twenty (20) days after the tion of the assecment by the City Council, and by filing such notice with the District Court Tithin ten (10) days after service upon the Nayor or Cl-crk. Pursnant to Minnesot;! Statutes, the City ef Edina has adopted standards and guide- lines for deferring special assessments against homestead property owned by persons 65 years of age or older for whom payment would be a hardship. 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. . application forms, please call or visit the City Assessor's office. BY ORDER OF THE CITY COUNCIL. adopt- To For further information and Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg LOT 33, AUDITOR'S SUBDIVISION 172 DIVISION APPROVED. As recommended by the Plan- ning Commission and the Planning staff, Councilman Courtney offered the following resolution and moved its adoption for division of the former 50th and France Liquor Store site: RESOLUTION WBEXEAS, the following described property is at present a single tract of land: Lot 33, Auditor's Subdivision No. 172, according to the map or plat thereof on file and of record in the office of the County Recorder within and for Hennepin County, Minnesota; and WHEXEAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : The South 119.9 feet of Lot 33, Auditor's Subdivision No. 172; and All that part of Lot 33, Auditor's Subdivision No. 172 except the South 119.9 feet thereof; and VHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOi?, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision * that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilman Shaw. . * Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. . LIQUOR REPORT AS OF JULY 31, 1978, was submitted by Mr. Dalen, reviewed and ordered placed on file by motion ,of Councilman Richards, seconded by Councilman Courtney. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg CLAIMS PAID. payment of the following claims as per Pre-List: General Fund, $111,389.70; Park Fund, $10,398.79; Edina Art Center, $186.20; E.ark Construction, $14,429.00; Swimming Pool, $7,579.67; Golf Course, $4,824.75; Recreation, $3,825.57; Gun Range, $453.16; Water, $3q444.84; Sewer Fmd, $4,306.13; Liquor Fund, $4,262.16; Construction Fund, $5,625.65; Total, $197,727.62; and for confirmation of pay- ment of the following claims: General Fund, $16,761.68; Art Center, $17.78; Swimming Pool, $370.09; Golf Course, $4,404.04; Recreation Arena, $8.77; Gun Range, $25.15; Water Fund, $636.49; Sewer Fund, $677.67; Liquor Fund, $137,439.45; Total I .$160,34 1.2 1. Motion of Councilman Courtney was seconded by Councilman Shaw for No further business appearing, the Mayor declared the meeting adjourned. ment at 9:35 p.m. Adjourn- &* City Clerk