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HomeMy WebLinkAbout19780918_regularM INU'IIISS OF THE IIDCULAR MEI<TTNG TIKE SEPTEMBER 18, i5 ;I8 , EDINA CITY COUNCIL HELD AT CITY HALL 261 Answering rollcall were members Courtney, Ricliards , Scliniidt, Skm and. Myor Van Valkenburg. Present also were Mr. Homer Kinney, Community Health Board, Mrs. Helen McClelland, Community Development and Planning Commission and Mr. Jack Rice of the Park Board. COLONIAL CHURCH OF EDINA GRADING PLAN AMENDED. Mr. Larry Laukka, representing Colonial Church of Edina advised Council that, after grading requested 5y neighbors was complete, they have now requested that the height of the berm be reduced by 9 to 10 feet which will mean the removal of approximately 6,500 yards of dirt on the North side of the church property. Mr. Laukka said that he had met with neighbors and that the church had agreed to reduce the berm as requested. Mrs. Judy Olson, said that she was the instigator of the new proposal and that other neighbors had approved of her suggestion. Mr. Jerry Evenrud, 5520 Olinger Blvd., said that the proposed grading revision would not affect residents on the Easterly end of the berm and that they believed that this was a good compromise. Mr. Hughes also endorsed the revision. No objections being heard, Councilman Courtney's motion approving the amended grading plan for Colonial Church of Edina was seconded by Councilman Shaw . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mo t ion carried. PUBLIC HEARINGS CONDUCTED ON VARIOUS ASSESSMENTS. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered ;\laced cm file. Due notice hav- ing been given, public hearings were conducted on the following proposed assess- ments and action taken as hereinafter recorded. A. STREET IMPROVEMENT NO. BA-211 IN THE FOLLOWING: Oak Lane from Grove Street South to cul-de-sac Mr. Rosland presented Analysis of Assessment showing total construction cost of $5,950.03, proposed to be assessed against 295.58 assessable feet at a cost.of $20.13 per as,sessable foot against estimated assessment of $18.01. were heard and none had been received prior Assessments later in Minutes .) No objections thereto. (See Resolution Ordering B. SANITARY SEWER IMPROVEMENT NO. 88-347 IN THE FOLLOWING: Scriver Koad from cul-de-sac 300 feet -I- Westerly Mr. Rosland presented Analysis of Assessment showing total construction cost of $6,990.80, proposed to be assessed against four assessable lots at $1,747.70 per lot agahst estimated assessment of $1,665.49. had been received prior thereto. Minutes. ) No objections were heard and none (See Resolution Ordering Assessments later in C. bJATERMAIE IWROVEMENT NO. WM-331 IN THE FOLLOWING: Scriver Road from Blake Road to the West line of Taft's Addition Mr. Rosland presented Analysis of Assessment showing total construction cost of $24,134.76, propose6 to be assessed against 9 assessable lot at $2,681.64 per lot, against estimated assessment of $2,144.08. been reseived prior thereto. 30 objections were heard and none had (See Resolution Ordering Assessments later in Minutes.) D. SANITAFX SEWER IMPROVEMEXT NO. SS-348 IN THE FOLLOWING: To service 6017 Vernon Ave. To service 6017 Vernon Ave. E. WATEFWJN IMPROVEMENT NO. WM-332 IN THE FOLLOWING: Sanitary Sewer Improvement No. SS-348 and Watermain Improvement No. WM-332 affect- ing the szme property, hearings were conducted concurrently. Mr. Rosland pre- sented Analysis of Assessment for Sanitary Sewer Improvement No. SS-348 showing total construction cost of $2,466.32, and total'construction'cost for Watermain . Improvement No. WM-332 of $2,466.32. Mr. Hoffman advised that the owner of the property has filed for a deferrment on the assessments but that she has no object- ions. (See Resolution Ordering Assessments later in Minutes.) Vandervork Avenue from Division Street to 514 feet t North Mr. Rosland presented Analysis of Assessment showing total construction cost of $12,259.23, proposed to be assessed against 766.66 assessable feet at $15.98, against estimated assessment of $17.71 per foot. Mr. Hoffwncalled Courlcil's attention to a letter from Hrs. Theresa Blader, 4448 Vandervork Ave., objecting that she had paid for the Division Street street improvement and does not think that she should also have to pay for Vandervork. He explained that Mrs. Blader is only being assessed for one-third of her side yard and that the amount of her asscssnient is too small to qualify for a deferrment. Assessments later in Minutes.) F- STREET IMPKOVE?IENT 'NO. BA-221 IN THE FOLLOWING: (See Resolution Ordering 31 18/78 2&2 WATERMAIN IMPROVEMENT NO. WM-330 IN 11lE POJ,LOWING: Malibu Drive in Interlachen Hills 3rd Addition Mr. Rosland presented Analysis of Assessment showing total construction cost of $11,770.60, proposed to be assesscd.agnirist 3.0 assessable lots at $588.53, against estimated assessment of $596.57 per lot. No objections were heard and none had been received prior thereto. H. SANITARY SE!.JER IMPROVEMENT NO. SS-346 IN THE FOLLOWING: (See Resolution Ordering Assessments later in Minutes.) Malibu Drive in Interlachen Hills 3rd Addition Mr. Rosland Presented Analysis of Assessment showing total construction cost of $21,638.20, proposed to be assessed against 20 assessable lots at $1,081.91 per lot against estimated assessment of $710.24 per lot. Councilman Courtney, Kr. Hoffman explained that the estimate of <he improvement had been too low. (See Resolution Ordering Assessments later in Minutes.) In response to a question of No objections were heard and none had been received prior thereto. I. STORM SEWER IB'ROVENENT NO. ST.S-158 IN TBE FOLLOWING: Easement lines between Lots 23-24 and Lots 26-27, Block 1, Interlachen Hills 3rd Addition Mr. Rosland presented Analysis of Assessment showing total construction cost of $9,166.95, proposed to be assessed against 15 assessable lots at $611.13 per lot, against estimated assessment of $632.78. No objections were heard and none had been received prior thereto. utes .) (See Resolution Ordering Assessments later in En- J. STREET IMPROVEMENT NO. BA-218 IN THE FOLLOWING: Malibu Drive and Lincoln Drive in Edina Green Mr. Rosland presented Analysis of Assessment showing total construction cost of $28,959.67, proposed to be assessed against 16 residential lots st $1,113.75 and against one Planned Industrial District lot at $11,139.67, against estimated assess- ment of $1,364.43 per residzntial lot and $13,665.64 per Planned Industrial District lot. Jr., to Edina Realty, Inc., saying that he does not feel any responsibility for the assessment and that Edina Realty and/or Cramer-Weir should "straighten this out with the City of Edina". should be determined between the buyer and seller of the property. ments were heard and no objections had been received prior thereto. tion Ordering Assessments later in Minutes .) Council's attention vas called to a copy of a letter from Mr. TJ. H. Gordon, It was pointed out that payment of this assessment No further com- (See.Resolu- R. STREET IMPROVEHELTC NO. BA-223 IN THE FOLLOWING: Beard Avenue from W. 59th Street to 14. 60th Street Mr. Rosland presented Analysis of Assessment showing total construction cost of $15,057.82, proposed to be assessed against 1060.41 assessable feet at $14.20 per foot, against estimated assessment of $18.57. had been received prior thereto. Enutes . ) L. STREET l3lPROVEMENT NO. BA-222 IN THE FOLLOWING: Coveitry Way from Dewey Hill Road South to cul-de-sac Mr. Rosland presented Analysis of Assessment showing total construction cost of, $13,886.14, proposed to be assessed against 1312.49 assessable feet at $10.50 per foot, against estimated assessment of $12.57 per foot. Mr. Robert Edelson, 7100 Coventry Way, was told that the seal coat had just been completed, and also that it is between objections were heard 2nd none had been received prior thereto. (See Resolution Ordering Assessments later in Minutes.) No objections were heard and none (See Resolution Ordering Assessments later in him and the seller as to who pays the assessment. No further M. STREET IMPROVEMENT NO. BA-217 IN THE FOLLOWING: Fox Meadow Lane from Blake Road East to cul-de-sac Mr. Rosland presented Analysis of Assessment showing total construction-cost of $7,868.15, proposed to be assessed against 417.63 assessable feet at $18.84 per foot or agai-ilst 4 1/3 lots at $1,815.77 per assessable lot. had been given at $16.43 per assessable foot or against 4 1/3 lots at $1,584.84 per lot. Councilman Courtney's motion that the assessment be ordered on a per foot basis was seconded by Councilman Shaw and unanimously carried. Assessments later in Minutes.) N. WATERHAIN IMF'ROVEbBNT NO. WM-320 IN THE FOLLOWING: Estimated assessment No objections were heard and none had been received prior thereto. (See Resolution Ordering Merilane from Interlachen Blvd. North to cul-de-sac Rolling Green Parkway from Interlachen Blvd. North to Annaway Drive Bywood Nest from Interlachen Blvd. North to Annaway Drive Annaway Drive from Merilane West and North to cul-de-sac Crescent Terrace from Bywood West to Rolling Green Parkway Mait Lane from Annaway Drive to Merilane -1nterlachen Blvd. from the West right-of-way line of Mirror Lakes Drive ex- tended Westerly to 650' 'West of Bywood West From Merilane Cul-de-sac , thence ::ortherly along the Fast line of Lot 12, Bloclc 1, Gunnar Johnson's Second Rearrangement of Rolling Green to a point 10' -* 9 I 1.81 78 263 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, Walling's Addition, First Rcplat, to the East line of said Block; thence Easterly 85' to a point which is 5' North of thc North line of Lot 1, Block I, Hilldale LnLoiie Addition; 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-ac. From Mait Lane North parallel and 5' West of the West line 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 Northwest- erly along said West line to Annaway Drive. Mr. Rosland presented Analysis of Assessment showing total construction cost of $251,987.12, proposed to be assessed against 88 assessable units at $2,863.49, against the estimated assessment of $3,048.17 per assessable unit. The Council's attention was called to a memorandum from Mr. Hoffman recalling that, in 1969, Watermain Improvement No. WM-169 was installed on Cooper Circle and the residents at 13 and 14 Paddock Lane were allowed into the watermain project but that they were not guaranteed that they would not have to pay an additional assessment if watermain should be constructed on Paddock Lane. He recalled further that in 1977, Watermain Improvement No. WM-320 was installed on Paddock Lane with a fire hydrant being placed mid-block for fire protection but that individual house services were not provided for the 13 and 14 Paddock Lane properties. Mr. Hoffman referred also to letters from Mr. A. R. Schultze, 14 Paddock Lane, objecting to the assessment against his property and also a copy of a letter to Mr. Dunn from Mr. Connor F. Schmid confirming their understanding that the fire hydrant was a necessity. Mr. Hoffman advised Council of three alternatives for assessment of the project as follows: action will increase the assessments to the remaining 86 lots from $2,863.49 to $2,930.08; 2) Assess the difference between the amount'paid in 1969 and the 1977 assessment (approximately $2 , 300 for the fire service line provided on Paddock Lane; Green Area per 1969 comments in the City Council Minutes. Mrs. A. R. Schulze, 14 Paddock Lane, said that Mr. Dunn had assured her that there would be no assessment for watermain against her property. Mrs. Gladstone Stenson, 4811 Bywood West, suggested that Paddock Road should be divided off when the area to the North is developed and complained that their street was narrowed at the time of the improve- ment. She was assured by Mr. Hoffman that the City would repave the area in quest- ion if 'it was not replaced properly during construction of the Watermain. Council- man Richards pointed out that, under Alternate 2, Lots 13 and 14 $ould.'nave a reduction of $533, with the assessment for those lots being $2,341.24 and all other lots being assessed at $2,875.63. Councilman Shaw's motion continuing the hearing to October 2, 1978, for a more complete breakdown of costs was seconded by Councilwoman Schmidt. 1) Eliminate the two lots from the benefited area which 3) Assess the full assessment based on providing water to the Rolling Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. : Grove Cikcle 0. STREET IMPROVEMENT NO. BA-228 IN THE FOLLOWING: Mr. Rosland presented Analysis of Assessment showing total construction cost of $13,478.08 proposed to be assessed against 4 assessable lots at $3,369.52 per lot against estimated assessment of $2,070.17 and recammended that this hearing be continued to October 2, 1978, as requested by the owner, Mr; Robert Eliddlemist. Councilman Richards' motion continuing Street Improvement No. BA-228 Assessrrent Hearing to October 2, 1978, was seconded by Councilman Shaw and carried unani- mously. its adoption: Councilman Richards thereupon offered the following resolution and moved RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF SANITARY SEWER IEIPROVEMENTS NOS. SS-347, SS-348, SS-346 WATERMAIN IMPROVEMENTS NOS FTM-331, WM-332, WM-330 STREET IMPROVEMENTS NOS. BA-211, BA-221, BA-218, BA-223, BA-222, BA-217, STORM SEWER IMPROVEMENT NO. ST.S-158 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearings held on September 16, 1978, has considered all oral and written objections pre- sented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for Sanitary Sewer Improvements Nos. 5s-347, SS-348, SS- 346, Idacemain Improvements Nos. WM-331, W-332, WM-330, Street Improvements Nos. BA-211, BA-221, BA-218, BA-223, BA-222, BA-217 and Storm Sewer Tmnrovemmt NO. ST.S-158 does not exceed the local benefits conferred by said improvements upon the lot, tract or parcel of land so assessed, and all of said assessments are The City has given notice of hearings as required by law on the proposed 9/18/78 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 1ar.d described therein. 3. Except as to those parcels designated in Paragraph 4 below, the assessnents. shall be payable in equal annual installments, the first of said installments, together with interest at the rate oE 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. follows : The number of such' annual installments shall be as Name of Improvement Number of Installuients Sanitary Sewer Improvement SS-347 3 Years Street Improvement No. BA-211 10 Years Watermain Improvement No. WN-331 10 Years Sanitary Sewer Improvement No. SS-348 10 Years Watermain Improvement No. IM-332 10 Years Street Improvement No. BA-221 10 Years Watermain Improvement No. WM-330 10 Years Sanitary Sewer Improvement No. SS-346 10 Years Storm Sewer Improvement No. ST.S-158 10 Years Street Improvement No. BA-218 10 Years Street Improvement No. BA-223 10 Years Street Improvement No. BA-222 10 Years Street Improvement No. BA-217 10 Years 4. defe.rred pursuant to Minnesota Statutes, Sections 435.193 to 435.195, inclusive and the resolution of the Edina City Council dated September 18, 1978, until the deferment is terminated pursuant to Ninnesota 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: Improvement Amount The assessments hereby made against the following parcels are hereby No. - '33-348 Legal Description Lot 6, Block 1, McGary Addition Deferred $2,465.32 1-332 Lot 6; Block 1; McGary Addition 2,466.32 5. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a cerfified 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. Assessor shall deliver to the County Auditor such applications and authorizations as are required by the County to effectuate the deferments made pursuant to Para- graph 4 hereof, and to evidence those deferments of record so as to give cons- tructive notice of the assessments and their deferments. 6. The City Clerk shall also mail notice of any special assessments which may be 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 lor adoption of the resolution was seconded by Councilman Courtney. . Also, the City Rollcall : Ayes: Courtney, Rlchards, Schmidt, Shaw, Van Valkenburg Nays: None ' Resolution adopted. PARKTJOOD KNOLLS 20TH ADDITION GRANTED FINAL PLAT APPROVAL. Mr. Hughes presented Parkwood Knolls 20th Addition for final plat approval, recalling that this hear- ,! l/ ing has been continued from the Council Meeting of September 11, 1978, pending receipt of executed Developer's agreement and parkland dedication. He advised that Mr. Erickson has examined the deeds and letter submitted by the Harksens who have agreed to pay taxes on the property for the second half of 1978. Councilman Shaw then offered the following resolution and moved its adoption, subject to clearance of the title opinion by the City Attorney: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR PARJWOOD KNOLLS 20TH ADDITION BE 'IT RESOLVED by the Edina Cjty Council that that certain plat known as Park- wood Knolls 20th Addition, platted by Carl M. Hansen and Helen M. Hansen, husband and wife, and presented at the Edina City Council Meeting of September 18, 1978,. be 2nd is hereby granted final.plat approval, subject to clearance of title problems set forth in the title opinion of the City Attorney. 3iotion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Nays : Richards Resolution adopted. Ayes: Courtney, Schmidt, Shaw, Van Valkenburg .. 9/18/78 KERR COMPANIES REZONING REQUEST CONTINUED TO OCTOBER 2, 1978. were presented by Clerk, approved as tn foi-18* and ordered placed on file. Affidavits of Notice Mr. Hughes presented the petition of the Kcrr Companies for rezoning of property located at Willson Road and Eden Ave. behind Perkins Restauralif- from R-1 Residential District to 0-2 Office Building District and recalled that, at the City Council Meeting of August 21, 1978, this matter had been referred back to the Community Development and Planning Commission. on.September 6, 1978, and approval reaffirmed by a vote of 7 to 3. Mr. Robert Martinson, representing the Kerr Companies introduced Messrs. Norman Kerr and Donald and David Halla, and made a slide presentation of an historic over-view of the site which had been acquired by the Hallas in 1948. Mr. Gustafson referred to the 1975 Hedberg litigation in which it was held by the Court that R-1 zoning was a holding zone in which the use has not been determined, He.presented a map showing commer- cial and office9centers in the City, with special emphasis on the tliree block area adjacent to the site in question and advised that the property is appropriate for office use because of easy access to T.H. 100, the good view overlooking the golf course, access to good restaurants, because the property is void of trees and because noise from T.H. 100 traffic would not be condusive for other uses, Recall- ing that a previous request for R-5 zoning had been denied by the Council, Mr. Mart- inson said that the site would not be acceptable for a medical office building or housing for the elderly, leaving only a small retail center, a market rate apart- ment building or the office building as desirable uses for the property. He added that Our Lady of Grace Church had indicated that they would prefer the property to be used for housing for the elderly. Mr. Robert Bell, representing the proponents, advised that it is anticipated that the office building would generate 980 trips per day, which would add 120 cars on W. 50th Street and 290 cars on T.H. 100 dur- ing peak traffic hours. saying that she had a pqssible. conflict-of interest.) In response to a question of that none of the Halla property was taken on the West side for T.H. 100, and clari- fied that the building would be five stories above the parking level. Mr. Hughes advised that it is':anticipated that 80% of the site would be covered with hard surface under the proposed plans. Mr. Hoffman said that drainage would go into the T.H. 100 storm sewer and that, while storm water might be a problem for'the site itself, it would not have any impact on surrounding properties. advised that &embers of the Community Development and Planning Commission who had voted in favor of the proposed rezoning did so because they believed that it was a difficult slte to develop. because it would set a precedent for land use East of T.H. 100. Mr. Hughes also clariffed that a sidewalk could be constructed on the site if it should be needed. W. Newell Gaasedelen, 4818 Golf Terrace, spoke in opposition to the proposal, stathg that only the North end of the property had been used for commercial pur- poses over the years, with the Southern portion being used for growing nursery stock. for office building zoning for the site of the high school parking lot North of the school and on the East side of the T.H. 100 Service Road, and that even one of the schools might be zoned for office use should, they not be needed by the School District. Mr. Gaasedelen also said that an office building would add subskan- tially to the responsibilities of the Police Department. Dr. Harry Hall, 4902 Lakeview Drive, also spoke in opposition to the proposed office building. Coxern was expressed that traffic generated by an office building would filter thru resi- dential districts to the East of T.H. 100. office building is the best use for the land were Mr. Charles Brown, 6205 Ash- croft Lane, Dr. J. R. Ault, 4906 Lakeview Drive and the resident who lives at 5600 Sherwood Ave. Mr. Martinson advised Council that it is anticipated that taxes for the proposed office building would be between $125,000 and $140,000, with $77,000 of these taxes remaining in the City. He disagreed that there would be a traffic problem at the intersection of Willson Road and Eden Ave. motion for.approva1 of 0-2 Office Building District zoning died for lack of a second. consideration had been given to construction of a four story building on the site, rather than the five story building. ing be continued until October 2, 1978, so that the proponents could explore the aconomics of a less intensive use of the site. Shaw . He advised that the matter had been reviewed by that body (At this point Councilwoman Schmidt left the meeting, Councilaan Richards, Mr. Greg Gustafson, attorney for the proponents, said Council was Those who had voted against the proposal did so He expressed concern that, at some future date, there might be a request Stating that they believe that an Councilman Courtney's in response to a question of Councilman Shaw, Mr. Gustafson said that no Councilman Richards then moved that the hear- Motion was seconded by Councilman Ayes: Nays: None Motion carried. Courtney, Richards, Shaw, Van Valkenburg Councilwoman Schmidt returned to the meeting at this point. COIIMERCIAL USE OF EASTERLY PORTION OF TRACT A, R.L.S. 1365 APPROVED CONDITIONALLY. Mr. Hughes presented the request of Dayton Hudson Properties for commercial use of the easterly portion of Tract A, R.L.S. 1365, generally located East of the Junior Achievement Building on Valley View Road West of France Ave., recalling 9/18/78 { 266 -. that on August 21, 1978, the City Council had reviewed this request and referred the matter to the Conlmunity Development and Planning Commission for its recorn- mendation. Mr. Hughes recalled that in March, 1977, the Council granted a lot division to the subject property in order to facilitate the construction of the . Junior Achievement Building at 69th Street and Valley View Road. At that time, the Council expressed concern about the potential use of the 48,000 square foot parcel lying East of the Junior Achievement site, feeling that, although this parcel was (and is) zoned C-3, a commercial use would be undesirable. He recalled further that Dayton-Hudson Corporation, the owner of the property, was not willing to rezclne the parcel at that time, but did pledge that the parcel would be marketed for only non-commercial uses. >Ire Hughes further recalled that Spa Petite, a women's health spa,now proposes to construct a two story building on the site which t70Uld contain a health spa on the first level and its corporate offices on the second level and that the spa would be open from 9:00 a.m. to 9:OO p-m. and serve approximately 200 patrons daily. Mr. Emmett Albergetti of Dayton Hudson Corporation urged that the commercial use be approved, advising that the health spa would not draw as much traffic as an office building, and also assueed euuncil that Daytons would place on file a deed restriction which would assure the City that they would revert to office use if the spa should move. In response to Councilwoman Schmidt's concern about density in the area and about storm water runoff, tfr. Hoffman said that if the building is constructed it should be graded to drain away fromthe Southdale Road drainage area. Councilmaa Rich- ards was told that the proposed use should generate between 200 and 300 vehicle trips per day, The Manager of the Spa Petite said that the number-of customers ranged from 62 on September 16 to 183 on September 13, 1978, and that there might be 35 employees in the future. Mr. Thomas Tautges, an agent involved in the sale of the property, urged that the commercial use of the property be permitted. Rice, Chairman of the Park Board, recalled that the property had been a constant source of problems for Southdale and recalled also that a verbal.commitment. had been made not to develop the property opined that there is grave doubt about the enforcibility of deed restrictions and Cathy Russian, attorney for Dayton Hudson Corporation, said that she thinks that deed restrictions would hold up in court. The resident at 6912 Southdale Road expressed his concern about drainage and was told by Mr. Hoffman that the proposed building would not add to his problem. request for commercial use of the property be approved, subject to the following conditions: That drainage be worked out to the satisfaction of the City'. Engineer; That Dayton-Hudson Corporation and Spa Petite enter into a deed restriction regulating the re-use of the proposed building in the event of its vacation and as to future expansions to the building; the City Attorney draw up the agreement between the City and Dayton-Hudson Corp- oration and Spa Petite: 4) That the City be reimbursed or held harmless 5y the owner of the property for any expenses which might be-incurred in the enforcement; of the agreement; That the City be furnished data, prior to approval becom- ing absolute, by Spa Petite than an assumption of an office building wikh'a 18,000 square foot maximum build- ing size. llr. Jack for commercial use. City Attorney Erickson ' said that he would be more comfortable if the property would be rezoned. Ms. Councilman Richards then moved thatthe 1) 2) I 3) That someone other than 5) showing that traffic under this use would be less Motion was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Richards also said that he would hope that Dayton Hudson Co'rporation would search their records to find and give to the City information regarding the development of the Southdale Office Center complex. TUPA WOODS GRANTED FINAL PLAT APPROVAL. erly known as Gross/Fraser-Prospect Hills) Addition for final plat approval, Irir. Hughes presented Tupa Woods (form- advising that all ordinance requirements have been met. Councilman Richards offered the following resolution and moved its adoption: RESOLUTION GRANTING FINAL PLAT qPPROVAL FOR TUPA WOODS No objections being heard, BE IT RESOLVED by the Edina City Council that that certain plat known as Tupa Woods, platted by Mrs. Louis Gross and Mr. Don Fraser and presented at the Edina City Council Meeting of September 18, 1978, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. SOUTHWEST, SOUTH AND WESTERN EDINA PLAN AMENDMENT CONTINUED TO DECEMBER 4, 1978. 9/18/78 267 0 i As recommended by Mr. Hughes, Councilman Shawls motion was seconded by Councilman Courtney, cont;,dng the public hearing on the Southwest, South and Western Edina Plan until December 4, 1978, said hearing having been continued to this meeting from July 17, 1978. Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg PLANNED RESIDENTIAL DISTRICT ORDINANCE AMENDMENT' (ORDINANCE NO. 811-A11'5) CON- TINUED TO DECEMBER 4, 1978. As recommended by Mr. Hughes, Councilwoman Schmidt's motion continuing First Reading for Ordinance No. 811-All5 (Planned Residential District Ordinance Amendment) which had been continued from July 17, 1978, until December 4, 1978. Ayes: Courtney, Richards, Schmidt , Shaw ,Van Valkenburg Nays: None Motion carried. DEWEY HILL CONDOMINIUMS GRANTED PRELIMINARY PLAT APPROVAL AND SECOND READING FOR BRDINANCE NO. 8lbA121.Mr. Hughes presented Dewey Hills Condominiums for prelimin- ' ary plat approval and for Second Reading of Zoning Ordinance No. 811-A121, and advised that all ordinance requirements had been met. Mr. Melvin Gittleman, the developer, was iIz attendance and assured Council that there have been no encroach- ment on the ponds by the roadway to the West. No objections being heard, Council- man Richards offered the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMINARY APPROVAL FOR DEWEY HILL CONDOMINIUMS BE IT RESOLVED by the Edina City Council that that certain plat known as "Dewey Hill Condominiums" platted by Gittleman Corporation and presented at the Regular Meeting of the Edina City Council of September 18, 1978, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Councilman Shaw, . Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilman Richards then offered Ordinance No. 811-A121 for Second Reading and moved its adoption as follows, with publication to be withheld pending plat approval: ORDINANCE NO. 811-A121 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PED-$ THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto: "The North thirty (30) acres of the Northwest Quarter of the Southeast Quarter of Section eight (81, Township One hundred sixteen (116), Range Twenty- one (21) according to the Government Survey thereof; except the Easterly four hundred forty (440) feet of the Southerly five hundred fifty (550) feet thereof. and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is Sec. 2. This ordinance shall be in full force and effect upon its passage Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ATTEST : 1 /*L u iL fu City Clerk PORTION OF DELAIIEY BLVD. STREET VACATION HEARING HELD. Affidavits of Notice were presented by Clerk, approved.as to form and ordered placed on file. Mr. Rosland presented the petition €or vacation of that portion of Delaney Blvd. from Dewey Hill Road to 800' South, which had been signed by residents living on Coventry Way. Mr. Rosland referred to a letter from Mr. Garfield E. Lovaas, 7409 Coventry Way, advising that he represents certain Edina residents who are concerned with the proposed construction of Delaney Blvd. askink whether or not the City of Edina has filed an Environmental Assessment Worksheet which he claimed was mandatory. Mr. Lovaas' letter stated that "until such time as an EAW has been filed and all other statutory matters have been exhausted, it would appear that any hearing per- taining to Delaney Boulevard would be premature and should be continued until such time as all the statutory and regulatory requirements have been complied with". Mr. Rosland said that Mr. Hughes. has contacted the Minnesota Environmental (luality I 9/18/78 / Board and ..as received a Ztter from them stating that they "have determined that this project should not eliminate or significantly alter such a wetland. fore, preparatim of an EM is not required". western Bei1 has advised that they desire to maintain a buried telephone cable on Delaney Blvd. and that Northern States Power have advised that they will require an easement for future cable routing. Mr. Hoffman recalled the history of the area and advised residents that the road pattern in this area had been planned to separate the industrial area from the residential area, and recalled that a portion of Amundson Xoad had recently been vacated as a modification to this plan. He advised also that Storm Sewer No. ST.S-140B has been constructed to drain into this area and pointed out that it is difficult at this time to redevelop the ponds into which the storm waters will: drain. Mr. Lovaas said that neighbors could see no need to connect Dewey Hill Road with proposed Delaney Blvd. liam Wardwell Lewis Park would have to watch for East-West traffic, as well as for traffic from the South. Mr. Lovaas also said that if belaney Blvd. is not vacated as requested, it will add to traffic on Dewey Hill Road and that there is sufficient North-South access on Cahill Road and a good East-West road on W. 78th Street. He said that it is still his opinion that an Environmental Assessment Worksheet should be required and that they will be looking further into the matter. Mr. Lovaas said that Mr. Gittleman had said that he had no objection to the pro- posed vacation, providing that it did not increase his costs or require him to build a wider and stronger road. Unit Development he contemplatea privately owned road which will be the main drive- way connecting the proposed Delapey Blvd. to Dewey Hill Road and that he would have no particular objection to the proposed vacation provided that his privately held road does not become a public road or an extension of Delaney Blvd. thru his pro- Delaney Blvd., said that development of Dewey Hill 2nd Addition was dependent on Council's action in approving Delaney Blvd. granted in April of this year. advised that he now has 48 homesites under development which will rely on the extension and development of Delaney Blvd. yet this fall. Mr. Laukka explained that the oniy other access to his plat is a circuitous route west to Gleason Road which would not be satisfactory from a public safety standpoint for serving a contained neighborhood. be vacated and still retain the utility easements. He said that he can speak for ilorthwestern Bell Telephone Company and that they are not interested in the ease- ments. He quoted fron.rules and regulations of the Minnesota Environmental Qual- ity Board which stated that "It may be stated as a general rule that one whose property does not abut on the closed section has no right to compensation for closing or vacation of a street if he has reasonable access to the general system of streets". Mr. Lovaas said that, while he has been referring to MCAR 3.0124, Mr. Hughes and Mr. Richards have been referring to DNR, which is under Chapter 105 and that what has been done in the past is entirely irrelevant and that if the City has all of the facts it should not be afraid to submit an Environroental Assessment Worksheet for approval at this time. Mrs. Jerry Bock, 7415 Coventry Way, expressed concern that the grade of Delaney Blvd. would be higher than her house and, therefore, reduce'the value of her property. Mr. Hoffman explained that the height of the finished roacl'is approximately four feet above the existing peet and said that the City has been offered fill for the road at this time at a very low cost. Mr. Jerry Bock also spoke in favor of the vacation, stating that the road will run thru a beautiful wild life area and that it is an unnec- essary expense. Director of Public Safety, Robert Buresh, said that he would not want to count on using a private road in case of an emergency and explained that the prizary einergency route to reach the area would be to go on Cahill Road to Dewey Hill Road and then to the South. concerned both about the families living on Coventry Way and the families that will be living in the area to the South. 'ough discussion and analysis of the area and expressed his concern about the environmental and safety factors. are not being changed in violation of any rules and regulations and also that the Nine Mile Creek Watershed District has reviewed and apsroved the plan. The Mayor emphasized that the Council must look at the wider picture of the City than just one street, even though he appreciates the views of the Coventry Road residents. As recommended by the Majror, Councilman Shaw then moved that the City not obtain an Environmental Assessment Worksheet and that the street vacation be denied was seconded by Councilman Courtney. There- Council was advised that North- Minnegasco had no objection to the vacation. He expressed concern that children going to Wil- Mr. Melvin. Gittleman said that in his Planned 'perty. Mr. Larry Laukka, developer of Dewey Hill 2nd Addition, located West of He Mr. Lovaas then added that there is no way the road can I) Mayor Van Valkenburg said that he is He referred to the years spent in thor- . Nayor Van Valkenburg noted that the wetlands Rollcall : Ayes: Courtney, Richards, Schnidt, Shaw, Van Valkenburg Nays: None Motion carried. UNDERGROUND CABLE TEST EQUIPMENT BIDS AWARDED. Recalling that award of Sids for underground cable rest equipnent had been continued from the Council Meeting of 9/18/78 269 September 11, 1978, Mr. Rosland presented tabulation of informal bids taken which showed $1,075.00 as the bid of Radar Engineers, advising that this unit is recom- mended by Northern States Power Company as the model that is significzntly :;2ttcr than other styles of cable break locators. Councilman Richards' motion for award to Radar Engineers as recommended by the City Manager was seconded by Councilman Courtney . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. UNDERBODY SCRAPERS BID AWARDED. Mr. Rosland presented tabulation of two bids for two underbody snow plow blades, including hoses and by-pass valve. Tabulation showed McMullen Company low bidder at $3,400 and Itasca Equipment Company at $8,785.00. seconded by Councilman Courtney. Councilman Richards' motion for award to recommended low bidder was Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Not ion carried. ELECTRICAL SERVICES FOR RAMP BID AWARDED. two bids for new electrical service from the Northern States Power transformer to the electrical service panel in the 51st Street Ramp. Electric at $1,175.00 against bid of Collins Electric at $1,746.00. Richards' motion for award to recommended low bidder, Edina Electric, was seconded by Councilman Shaw. Mr. Rosland presented tabulation of Tabulation showed Edina Councilman 03 , Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. a 5 TRAFFIC SAFETY COMMITTEE MINUTES OF SEPTEMBER 12, 1978, REVIEWED. Mr. Rosland presented Traffic Safety Committee Minutes of September 12, 1978. No objections being heard, Councilman Courtney moved that an ordinance.be drafted which would require that permits be issued for driveways entering an State Aid Streets as recommended by the Traffic Safety Committee. woman Schmidt. Motion was seconded by Council- Ayes : Courtney, Schmidt Nays: Richards, Shaw, Van Valkenburg Motion losf. 10% REVERSE REFERENDUM DISCUSSED. Mr. Rosland recalled that at the Council MeetE*.. ing of July 10, 1978, a resolution was passed authorizing an increase in the levy lhit by up to 10% as permitted by M.S. Chapter 275. This resolution was subject to a referendum if a petition was received within thirty days following the date of publication. to the State Revenue Department to complete the process. No petition having been received, a letter is being submitted No action was taken. EOARn VACANCIES DISCUSSED. for two members to serve on the Human Relations Commission and one member for the South Hennepin Human Services. Mayor Van Valkenburg requested suggestions from Council No action was taken. CABLE T.V. STATUS DISCUSSED. Councilman Courtney advised that he and Mr. Rosland would be attending a meeting on Cable T.V. and that a report will be made to the Council at a later date. NO action was taken. H.B.A. AUDIT RECEIVED. advised that Council's comments will be heard at the next Council Meeting. No action was taken. Mayor Van Valkenburg referred to the H.R.A. Audit and CLAIMS PAID. payment of the following claims as per Pre-List: Fund, $4,333.42; Art Center, $177.37; Park Construction $12,942.31; Swimming Pool, $1,172.58; Golf Course, $9,243.52; Water Works, $1,239.25; Sewer Rental, $94,840.87; Liquor Fund, $50,658.06; Construction, $269,579.58; Recreation Center, $616.34; Total, $536,574.52. ' No further business appearing, the Mayor declared the meeting adjourned at 11:30 Eotion of Councilman Shaw was seconded by Councilman Courtney for General Fund, $91,771.22; Park I n p.m. I City Clerk