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HomeMy WebLinkAbout19840507_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 7, 1984 35 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. OFFICER MICHAEL LUTZ COMMENDED. Mr. Rosland introduced Officer Michael Lutz pointing out that he began working with the City of Edina in 1973. Mr. Rosland also advised that Officer Lutz has 37 Letters of Commendation from citizens in his personnel file, along with eleven citations for meritorious service from police supervisors. He stressed that Officer Lutz has been. instrumental in the revival of the Edina Police Reserve Program by serving as a volunteer coordinator of the program. Mr. Rosland further added that Officer Lutz has been a dedicated, dependable employee who has set an excellent example for his peers and younger officers, and he commended him for his dedication and loyal service to the City by presenting him with a silver pen bearing the City logo. also extended their appreciation and thanks. Members of'the Council MINUTES of the Regular Council Meeting of April 16, 1984, and the Special Council Meeting of April 23, 1984, were approved as submitted by motion of Member Turner, seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PUBLIC HEARING CONDUCTED/TREE TRIMMING IMPROVklMENT NO. TT-02 AUTHORIZED. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Rosland explained to Council the proposed tree trimming project noting there are 863 trees to be trimmed in Edina, 219 trees of which are considered 12" and under, and 644 trees which are 12" and over. He stated the cost of trimming the trees under 12" would be $30 per tree, trees over 12" would be $55 per tree, with an average figure of $48. Mr. Rosland indicated several residents have written letters pointing out they have had their trees trimmed recenkly, and he noted the City will call attention to these cases by having the Forester Yeview them and adjust them accordingly. Mr. Rosland was asked to reiterate what constitutes a boulevard, and he explained that a typical street has a 60-foot right-of-way, with approximately a 30-foot travelled portion curb-to-curb, and the 14 feet remaining on each side of the curb line would be considered boulevard. the responsibility of the City. Member Bredesen questioned if only elm trees were included in the trimming project. the project would include trimming all species of trees. expressed that he understood oak trees should only be trimmed in the wintertime. Mr. Kojetin confirmed that would be the City's intended time for trimming oaks. Zierman also voiced concern as one of his trees was recently trimmed, and Mr. Kojetin mentioned that the forester would investigate the matter. Place, at it. Bill South, 5325 0aklawn;informed Council of a tree damaged on his property by a storm three years ago and asked that the forester look at it also. No further comments being heard, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION ORDERING TREE TRIMMING IMPROVEMENT NO. TT-02 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be.assessed on the following proposed improvement: i Trees that are situated on these boulevards are Director of Parks and Recreation, Kojetin, clarified Walt Zierman, 5657 Woodcrest, Mr. John Warner, 5038 Bruce stated he had a tree that was ready to die and requested the forester look . TREE TRIMMING IMPROVEMENT NO. TT-02 IN THE FOLLOWING: Area bounded by Highway 100 on the West, 50th Street on the North, eastern b City boundary line on the East and the'southern City boundary.line on the South and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts, does hereby determine to proceed with said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for completion of such improvement; that said improve- ment is hereby designated and shall be referred to in all subsequent proceedings as TREE TRIMMING IMPROVEMENT NO..TT-02 and the project is proposed to be assessed against properties having one or more boulevard trees, Motion for adoption of the-Resolut.ion was seconded by Member Schmidt. Rollcall: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. ORNAMENTAL STREET LIGHTING IMPROVEMENT N0.L-25 AUTHORIZED ON 100% PETITION. Mr. Hoffman indicated that a petition for an ornamental street light had been received for 6208, 6209, 6216 and 6217-Parnell Avenue and that said petition also requested the Council to assess the entire cost against the property owners. Mr. Hoffman presented 5/7/84 36 .. -3 _. '. c f. .- . -. -< estimated cost of construction at $364, proposed to be assessed against 4 assessable lots at an estimated cost of $91 per lot. Mr. Hoffman also stated that the property owners have requested they re-sod the area themselves, of which Mr. Hoffman was in agreement with. moved its adoption: Member Schmidt thereupon offered the following resolution and RESOLUTION ORDERING ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-25 UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct an ornamental street lighting improvement to serve 6208, 6209, 6216 and 6217 Parnell Avenue, and to assess the entire cost against the property of petitioners, and that said petition has been signed by all owners of real prop- erty abutting on said street where said improvement is to be located. 2. ordered pursuant to Minnesota Statutes, Section 429:..031 (3), (Session Laws of 1961, Chapter 525, Section 2). to in all subsequent proceedings as ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-25. The entire cost of said improvement is hereby ordered to be assessed against the properties abutting on Parnell Avenue where said improvement is to be located. Motion for adoption of the resolution was seconded by Member Turner. . I The making of said improvement in accordance with said petition is hereby Said improvement is hereby designated and shall be referred Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. PRELIMINARY PLAT FOR GUSTAFSON REPLAT OF LOT 5, BLOCK 1, INDIAN HILLS, CONTINUED. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes reported that the subject property measures 141,700 square feet and is zoned R-1, Single Family Dwelling District. percent of the property is contained within the normal elevation of Arrowhead Lake. The property is developed with a single family dwelling located slightly north of the center of the lot. at the February 29 meeting of the Planning Commission. .At that time a two-lot subdivision of the property was requested with Lot 1 coGtaining 91,600 square feet, and Zot 2 containing 50,100 square feet, both of which include the area lying in Arrowhead Lake. Subsequently, Mr. Hughes explained that a modified subdivision plan has been developed that still presents two single family dwelling lots on the property, with the first lot measuring approximately 74,000 square feet, and the second lot measuring 67,700 square feet. Mr. Hughes further elaborated that it is the stated intent of the subdivider to demolish the existing dwelling and build two new single family dwellings on the'proposed subdivided lots. Mr. Hughes pointed out that at their February 29 meeting the Planning Commission recommended that this sub- division request be denied. discussed the difference in the proposed subdivision compared with the recent Peterson subdivision, indicating any unusual circumstances. Mr. Hughes mentioned staff opined in their report to the Planning Commission that t'he proposed subdivision enjoyed the same characteristics as the Peterson subdivision and likewise should be approved. Mr. Hughes pointed out that he was not in attendance at the February 29 Planning Commission meeting, however. Gustafson, was present and explained their two major objectives as 1) the two lots that would be created by the subdivision are very large lots, and 2) the distance between 5he two proposed homes is 100 feet. to lay out the plans of the proposed second site and invite City staff to look at the lot in question. He also indicated the proposed subdivision requires no variance and would not require removing any major trQes on the property. attorney representing Mr. and Mrs. John Weston of 6516 Indian Hills Road, was present and stated the opposition of the Indian Hills residents indicating the proposed sub- division would adversely impact the character and symmetry of the neighborhood. Mr. Schmid introduced Mr. John man, a planner from Howard Dahlgren & Associates, stating the Westons felt it would be helpful to have his viewpoint on the issue- Mr. Uban outlined the major issues involved in the proposed subdivision and of those in the future, being 1) the consistency of decision-making, 2) recognizing the early inten- tions of the first plats, and 3) developing guidelines. He opined that homes placed in a position to block the scenic view of Arrowhead Lake would change the character and symmetry of the Indian Hills neighborhood. subdivide property, positive support of the adjoining landowners should be required. Mr. Schmid stated there are about 30 adjoining landowners who have expressed their opposition to the proposed lot division. Mr. Orrin Haugen, 6612 Indian Hills Road, was present and stated his opposition with his specific concern being that the lot in question is only appropriate for one single family dwelling because of the steep- ness of the terrain. Nr. Richard Smith, 6600 Mohawk Trail, a builder, developer and land planner was present and stated that by permitting wholesale development and lot splits, Indian Hills could be turned into "just another community". Council's careful consideration of this subdivision as the result would have a great affect on the future of the Indian Hills area. He also concluded that the restrictive covenants are effective until December 31, 1988, and there can be no changes in the Approximately 25 Mr. Hughes noted that this request for subdivision was heard I Member Turner questioned if the Planning Commission Greg Gustafson, representative of the proponent, Jeff Mr. Gustafson stated they were willing Mr. Connor Schmid, R He further explained that in order to He asked for the 5/7/84 profile or the topography of the Indian Hills area until that time. Member Turner inquired how the 100 foot setback from Arrowhead Lake would affect the property. Mr. Hughes stated the inlet is part of Arrowhead Lake and the conservation restriction would include it. is a storm water retention area, and they are connected to each other. asked Mr. Gustafson if the lot area figures included the lake area. Mr. Gustafson replied that they did. She also asked if they had a general idea of how large the lots are not including the water. are 1 3/4 acres above the water. understanding that the small pond adjoining the lots were for the City storm sewer runoff and that it was owned by the City due to tax'forfeituFe in 1972 and the City asked it not be auctioned off. He elaborated that had the City auctioned the land off, it could have been filled and built upon. Indian Hills Pass, stated to the contrary the lot was platted as an outlot on the original plat map. Mrs. Peterson stated the pond was the only access for the area to the lake except for the lots that surround the lake. the smaller lots on Arrowhead Pass were subdivided at a later point in'time, or if they yere part of the original plat. point, adding they were replats of previously existing large lots. Mr. Haugen stated a correction to Mr. Hughes' statement that the land to the west was subdivided but was not part of the original Indian Hills plat. Mr. Schmid asked for clarification on which of the restrictive covenants were enforceable and which ones were not. Mayor Courtney reminded Mr. Schmid that Mr. Larsen, at the February 29 Planning Comm- ission meeting, stated the covenants were a private matter between homeowners. City Attorney, Erickson, concurred with that statement. Mr. Richards stated he was not clear on the size of the lot in question in relation to the other lots in the neigh- borhood. He also asked for clarification of the natural high water level of the Arrowhead Lake in relationship to the lots in the entire surrounding area. Richards then moved to have staff research the above-cited questions and present a report to Council by the next meeting. Member Turner seconded the motion. He explained that it was not part of the shoreline of the lake but Member Turner Mr. Gustafson replied the owner indicated they Proponent, Jeff Gustafson, stated it was his Dr. Roger Christgau, Lot 2, Block 1, Member Turner questioned if Mr. Hughes noted they were subdivided at a later Mr. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney '. , Motion carried. '. Discussion followed regarding setting a date for the continued hearing for May 21, 1984. Attorney Erickson pointed out that Minnesota Statute states Council must act within 120 days from the completed application date, and if they do not, it is deemed approved. Mr. Erickson clarified that the 120 days have not expired, but if need be he asked the applicants if they would- agree to an extension. agreed to whatever extension was needed for action by the Council. The applicants REZONING FOR EDINBOROUGH TO MIXED DEVELOPMENT2DISTRICT 5 GRANTED FIRST READING (Om. 825-A3); CONCEPT GIVEN APPROVAL. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Rosland recalled that the funding mechanisms of the Edinborough project were presented at the March 26, 1984 Special Meeting and they were now asking Council for concept approval of the project. Concept approval was explained as including the concept of the total layout which included the concept of the park and the financing concept (which consists of the housing revenue bonds and the second mortgage). The process was clarified for Council as first giving concept approval and First Reading on the re- zoning, second, completing the Redeveloper's Agreement, third, forwarding plans to the Planning Commission for their review, and finally, returning to Council for second reading for rezoning and approval of the Redeveloper's Agreement. Laukka introduced members of the development team as Bor-Son Construction Company, Winfield Developments, Inc., Laukka Inc., Jarvis, Inc., Henry Hyatt, Sheldon Baskin, Daniel Epstein, Thomas LaSalle and his associate, Bill Brussman. Underlying the master partnership agreement the three sub-partnership entities include the 1) elderly entity, 2) the office entity, and 3) the housing entity. graphics explaining the concept of the project which includes 1) approximately .400 townhouses/condominium residential units including approximately 600 underground private parking spaces, 2) a public park of approximately three acres, including an approximate one-acre enclosed structure, 3) approximately 200 rental units ' for elderly occupancy in one building of approximately 17 stories with related covered and surface parking, including tenant services of congregate dining facilities serving two meals a day per person, linen and housekeeping services, social programs, and 4) approximately 205,000 square feet of office space to be constructed in two phases including Phase I to consist of 107,000 square feet in a 7-story building, and Phase I1 consisting of 98,000 square feet'in a 6-8 story building, together with related covered and surface parking. mechanisms of the project in regard to mortgage bonds and tax increment bonds. He also presented graphics illustrating the development costs to be financed by tax increment bonds, the total development costs, the total repayments and benefits to the City, residual benefits to the residential unit, and the mortgage interest re- duction figures. City participation in the residential development. research was made to determine if the proposed plans would meet the elderly housing needs of Edina citizens. Mr. Larry Mr. Peter Jarvis presented Mr. Laukka presented an outline of the financial He then proceeded to explain the breakdown on the allocation of Member Turner asked what kind of Henry Hyatt outlined their research of federal programs and 5/7/84 -- - -- 38 other market rate alternatives such as cooperatives and life-care concepts, stating the proposed plan will be offering a complete service package. asked if parking would be available to the public under the elderly complex. Mr. Hyatt indicated the plans are for private parking only. Member Schmidt also expressed concern as to why the entire project wasn't only residential. Bredesen questioned if there is a present need for additional office space in Edina. Rick Martens of Winfield Developments responded that the market for office space has improved. Member Bredesen then asked how funds are transferred from the office to the residential development and where the funds originate for the building of the park. Attorney Erickson explained how the tax increment district would work. Member Richards asked what would happen if there was a shortfall in the tax increment. Attorney Erickson commented that this would be detailed in the Redeveloper's Agree- ment. Mr. Hyatt stated if the development ever required additional funding, the partnership would be responsible, not the City. Member Richards then asked Joan Lonsbury, Chairman of the Edina Park Board, what.the Park Board's view was of the proposed park development. Mrs. Lonsbury advised the Park Board felt the park should be available and of service to the entire community. Member Richards also asked about the quality of construction for the development and if a subdivision dedication fee would be required. materials that would create character in the buildings, that would provide a main- tenance-free exterior and that would be of good quality. Mr. Rosland said there would be a park dedication fee of approximately 10% of which may be left in a dedicated fund for the maintenance of the park so it would not become a burden on the taxpayers. moderate income housing and meeting the needs of the elderly; however, he'expressed concerns about the economics of the project and t'nat the following issues should be addressed. use of the park, and 3) that the public financing aspects (revenue bonds) should be closely scrutinized and monitored. concept approval of the project with the understanding that the approval would include the public financing concept. commented that the project addresses one of the items in the long range plan by attracting low and moderate income individuals into the community. voiced concern as to the extra costs of the project as p?esented, and he voiced disagreement to the public financing of the project and asked for further clarification of City costs. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. Member Schmidt Member _. Mr. Laukka then explained that they would be using Member Richards commented that he likes the.concept of low and 1) The cost and maintenance for the park, 2) assurance of -the broad Member Richards then offered a motion granting Member Turner seconded the motion, who also Member Bredesen Member Richards then offered Ordinance No. 825-A3 for first reading as follows: ORDINANCE NO. 822-M AN ORDINANCE AMENDING THE ZONING ORDINANCE (N0.825) BY ADDING TO THE MIXED DEVELOPMENT DISTRICT (MDD-5) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 6 of Ordinance No. 825 of the City is amended by adding Section 1. the following thereto: "The extent of the Hixed Development District (Sub-District MDD-5) is enlarged by the addition of the following property: That part of the West 500..5 feet of the East 859.375 feet of the .Southeast Quarter of the Southwest Quarter of Section 32, Township 28, Range 24, which lies Westerly and Southerly of the center +ine of York Avenue South, as said center line is described in Book 73 of Hennepin County Records, page 4017939, according to the Government Survey thereof, Tract 2 : That part of the West 193.875 feet of the East 358.875 feet of the North 1211.68 feet of the Southeast Quarter of the Southwest Quarter, Section 32, Township 28, Range 24, lying Southerly of the center line of York Avenue South, as said center line is described in Book 73 of Hennepin County Records, page 4017939, according to the Government Survey thereof. That part of the South half of the Southwest Quarter of Section 32, Township 28, Range 24, described as beginning at a point on the South line thereof 859.375 feet West along said South line from the Southeast comer of the Southwest Quarter of said Section 32; thence West along said South line 445.5 feet; thence North, parallel to the East line of said Southwest Quarter to the North line of the South Half of the Southwest Quarter of said Section 32; thence East along said North line 445.5 feet, more or less, to an intersection with a line drawn North parallel to the East line of said Southwest Quarter, from the point of beginning; thence South along said last described parallel line to the point of beginning, according to the Government Survey thereof. . Tract 1: - . Tract 3: ! 5/7/84 39 . Tract 4: The South 6.565 rods of the East 21.750 rods of the Southeast 1/4 of the . Southwest 1/4 of Section 32, Township 28, Range 24, excepting and excluding therefrom a tract of land described as follows: That part of the East 21-3/4 rods of the Southeast 1/4 of the Southwest 1/4 . of Section 32, Township 28, Range 24, according to the United States Govern- ment Survey thereof, Hennepin County, Minnesota, except the North 73.435 rods thereof, which lies Easterly of a line drawn parallel with and 60 feet Westerly of the following described line: Beginning at the point of the intersection of the North line-of said Southwest 1/4 with the centerline of York Avenue South as shown on and dedicated by the plat of YORKTOWN, according to the recorded plat thereof, Hennepin County, Minnesota; thence Southerly along an extension of said said centerline 1632.47 feet; thence Southeasterly 435.9 feet along a tangential curve to the left, having a radius of 555 feet and a central angle of 45 degrees; thence Southeasterly tangent' to last described curve 451.65 feet; thence Southeasterly 435.95 feet along a tangential curve to the right, having a radius of 555 feet and central angle of 45 degrees, 00 feet, 19 minutes to a point in the Southerly extension of the East line of said Southwest 1/4, distant 1C3.43 feet South of the Southeast corner of said Southwest 1/4 and there terminating. - Tract 5 : Lot 1, Block 1, Northwestern Financial Center Sec. 2. publication. ,Motion for First Reading of the Ordinance was seconded by Kember Turner. This ordinance shall be in full force and effect upon its passage and -- . .. .- . . -- .. .- Rollcall : Ayes: Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney LOT DIVISION FOR,LOT 1, BLOCK 1, PARKWOOD KNOLLS COUGAR ADDITION APPROVED. Mr. Hughes presented the petition for division of Lot 1, Block.1, Parkwood Knolls Cougar Addition generally located east of Malibu Drive and north of Telemark Trail, advising that the proponent requests a party wall division of an existing two- family dwelling. He noted that individual utilities are provided and staff would recommend approval. No objections being heard, Member Bredesen offered the follow- ing resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : That part of Lot 1, Block 1, PARKWOOD KNOLLS COUGAR ADDITION lying north of a line running from a point in the west line of said lot therein distant 73.18 feet south of the northwest corner of said lot to a point in the east line of said lot therein distant 75.08 feet south of the northeast corner of said lot; and Lot 1, Block 1, PARKWOOD KNOLLS COUGAR ADDITION, except that part thereof lying north of a line rupning from a point in the west line of said lot therein distant 73.18 feet south of the northwest corner of said lot to a point in the east line of said lot therein distant 75.08 feet south of the northeast corner of said lot; WHEREAS, 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 825; NOW, 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. 825 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 Member Turner. RESOLUTION Lot 1, Block 1, Parkwood Knolls Cougar Addition; and I Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 5/7/84 LOT DIVISION FOR LOT , BLOCK 1, THE HABITAT APPROVED. --:. Hughes presentec petition for division of Lot 4, Block 1, The Habitat, generally located at 1 the .- 6101-03 Waterford Court, advising staff would recommend approval. being heard, Member Bredesen offered the following resolution and moved its adoption : WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners have requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : No objections RESOLUTION Lot 4, Block 1, The Habitat; and That part of Lot 4, Block 1, THE HABITAT lying northerly of a line drawn from a point on the west line of said Lot 4 distant 16.67 feet southerly as measured along said line, of the northwest corner thereof to a point on the east line of said Lot 4 distant 123.48 feet southerly of the northeast corner thereof, and reservLng easements of record; and That part of Lot 4, Block 1, THE HABITAT lying southerly of a line ' drawn from a point on the west line of said Lot 4 distant 16.67 feet southerly as measured along said line, of the northwest corner thereof to a point on the east line of said Lot 4 distant 123.48 feet southerly of the northeast corner thereof, and reserving easements of record; WHEREAS, 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 825; NOW, 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. 825 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 Nember Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. FINAL PLAT APPROVED FOR MUIR WOODS THIRD ADDITION. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes pointed out that preliminary plat approval was granted for the Muir Woods Third Addition at the March 19, 1984 Council Meeting. is generally located west of Valley View Road and west of Mark Terrace Drive extended. subdivision of the property to create one new buildable lot on the southerly portion of the property which would measure 29,428 square feet. approval of the subdivision subject to subdivision dedication. heard, Member Richards offered the following resolution and moved its adoption, subject to subdivision dedication as recommended by staff: RESOLUTION GRANTING FINAL PLAT The subject property Mr. Hughes reminded Council that the proponents are requesting a Staff recommended No objections being Ui APPROVAL FOR MIJIR WOODS THIRD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain plat entitled "Muir Woods Third Addition", platted by Edwin L. and Dorothy J. Sisam, husband and wife, and Americana State Bank of Edina, a Minnesota corporation and Norwest Bank Bloomington, National Association, a national banking association and Banco Mortgage 'Company, an Iowa corporation, and presented at the regular meeting of the City Council of May 7, 1984, be and is hereby granted final plat approval subject to payment of a subdivision dedication fee of $3,200.00. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall: Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. FINAL PLAT APPROVED FOR NORMANDALE BLUFFS. by Acting Clerk, approved as to form and ordered placed on file. Mr. Hughes recalled that preliminary plat approval was granted for Normandale Bluffs on July 11, 1983. and south of West 64th Street, and Mr. Hughes recalled that the proDonents' request was that of a simple lot division of Lot 7 whekeby the northerly 25 feet would be attached to Lot 6 and the southerly 25 feet would be attached to Lot 8. Hughes also recalled that preliminary plat approval was granted with restrictions that 1) the garage for the existing dwelling be remodeled to provide a five Affiidavits of Notice were presented The subject property is generally located west of Rolf Avenue Mr. 5/7/84 foot setback from the south lot line of Parcel A, and 2) the south 15 feet of 41 the subject property be dedicated to the City by Warranty Deed. has returned with final plat of the property indicating a 75 foot lot on the north end and a 15'foot outlot on the south end of the property for which a deed has been provided. Staff recommended approval of the final plat subject to receipt of the title opinion to accompany the 15 foot outlot grant. being heard, Member Bredesen offered the following resolution and moved its adoption, subject to receipt of the title opinion to accompany the 15 foot outlot grant : The proponent No objections RESOLUTION GRANTING FINAL PLAT APPROVAL FOR NORMANDALE BLUFFS BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain plat entitled "Normandale Bluffs", platted by Duncan B. and Karen K. Wallace, husband and wife, and Norwest Bank Minneapolis National Association, a National Banking Association, and presented at the regular meeting of the City Council of May 7, 1984, be and is hereby granted final plat approval subject to receipt of title opinion to accompany the 15 foot outlot grant. Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. FINAL PLAT APPROVAL FOR.DEWEY HILL FOURTH ADDITION CONTINUED TO MAY 21, 1984. Member Richard's motion was seconded by Member Schmidt to continue the final plat approval for Dewey Hill Fourth Addition to May 21, 1984. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PRELIMINARY PLAT APPROVAL FOR MILLER ADDITION; HEARING DATE SET. Motion of Member Turner was seconded by Member Richards, setting May 21, 1984 as the hearing date for preliminary plat approval for Miller Addition, generally located west of Dearborn Street and north of Belmore Lane. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. -i PUBLIC HEARING HELD ON STREET VACATION FOR PART OF GARDEN AVENUE; VACATION GRANTED. Affidavits of Notice were presented by Acting Clerk, approved as to form and ordered placed on file. vacation for part of Garden Avenue in that the previous legal description had posed some problems. were recommending-approval of the street vacation for part of Garden Avenue. objections being heard, Member Bredesen offered the following resolution and moved its adoption: Mr. Hoffman explained this was a re-confirmation of street Mr. Hoffman stated they had clarified the legal description and No RESOLUTION VACATING PART OF GARDEN AVENUE WHEREAS, a resolution of the City Council, adopted the 2nd day of April, 1984, fixed a date for a public hearing on a proposed street vacation for road purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 7th day of May, 1984, 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 street vacation be made; and WHERMS, the Council has considered the extent to which the vacation 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 controlling electric or telephone poles and lines', gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement are or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that the following described portion of the street be and is hereby vacated : That part of Garden Avenue as platted in Garden Park, Hennepin County, Minnesota, described as lying between a line 27 feet north of and parallel with the south line of the North half of Section 32, Township 117, Range 21 and a line 264 feet north of and parallel with said south line of the North half of Section 32. . 1 and that the City 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. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards , Schmidt , Turner,. Courtney Resolution adopted. 5/7/84 DRAINAGE AND UTILITY EASEMENT WHEREAS, a resolution of the City Council, adopted the 2nd day of April, 1984, fixed a date for a public hearing on a proposed vacation of easement for drainage and utility purposes; and XI=, two weeks' published and posted notice of said hearing was given and the hearing was held on the 7th day of May, 1984, at which timc all pcrsons dcsirinf; to be heard were given an opportunity to be heard thereon; and 1. and that the City 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. r Motion for adoption of the resolution was seconded by Member Richards. I 1 Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. I PUBLIC HEARING HELD ON STREET VACATION FOR PART OF SUMMIT AVENUE; VACATION GRANTED. Mr. Hoffman recalled that the public hearing on street vacation for part of Summit Avenue had been continued from the April 16, 1984 meeting. that after further review on the proposed vacation of Summit Avenue, staff recommends the following: strip per concept approval of the townhouse zoning, and 2) reserve easements for utility companies who have facilities on the right-of-way. He further explained reasons not to vacate the southerly portion of Summit adjacent to the service station is to preserve control of the area, particularly in light of parking restrictions that may need to be imposed. He stated staff recommends requiring the townhouse owners and association to provide routine maintenance of the southerly portion of Summit Avenue and also indemnify the City against claims, making the vacation become effective on the issuance of a building permit for the second phase of the townhouse project and receipt of the agreement. heard, Member Turner offered the following resolution and moved its adoption: Mr. Hoffman explained 1) vacate portion of Summit Avenue right-of-way and a six foot I I 9 No objections being I RESOLUTION VACATING I PART OF SUMMIT AVENUE WHEREAS, a resolution of the City Council adopted the 19th day of March, 1984, fixed a date for a pu5lic hearing on a proposed vacation of easement for road I purposes; and I WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 16th day of April, 1984, 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 street vacation be made; and WEEREAS, the Council has considered the extent to which the vacation affects existing 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 controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to continue maintaining the same, or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of Edina, Hennepin County, Minnesota, that the following described portion of the .street be and is hereby vacated: - - 5/7/84 ua Kt a3 0 m a 43 That part of Summit Avenue.as dedicated in the plat of GRAND VIEW HEIGHTS, according to the recorded plat thereof, Hennepin County, Minne- sota, described as beginning at the southeast corner of Lot 5, Block 4, GRAND VIEW HEIGHTS; thence northerly.along the easterly line of said Block 4 to the southerly right-of-way of Interlachen Boulevard (County Road No. 20); thence southeasterly to the most northerly corner of Lot 32, Block 3, GRAND VIEW HEIGHTS; thence southerly along the west line of said Block 3 to its intersection with the easterly extension of the southerly line of said Lot 5; thence westerly to the point of beginning. The west 6.00' of Lots 30, 31 and 32, Block 3, GRAND VIEW HEIGHTS, according; to the recorded plat thereof, Hennepin County, Minnesota. and that the City Clerk is authorized and directed to cause a notice of conpiction of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with Register of Deeds, in*accordance with Minnesota Statutes , Section 412.851. Motion for qdoption of the resolution was seconded by Member Bredesen. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. BID AWARDED FOR TREE TRIMMING IMPROVEMENT NO. TT-02. Mr. Rosland presented tab- ulation of bids for tree trimming of public property trees in the area bounded by Highway 100 on the West, 50th Street on tk.e North, the Eastern City boundary line on the East and the southern City boundsry line on the South, showing United Tree Service at $34,433.70, Midwest Stump at $37,450.00, and Tri-State Service at $42,285.00. Member Bredesen moved award of bid to recommended low bidder United Tree Service at $34,433.70. Motion was seconded by Member Turner. Ayes: Bredesen, Richards, Smith, Turner, Courtney Motion carried. BID AWARDED FOR AQUATIC WEED IMPROVEMENT NO. AQ-84-3. Mr. Rosland pointed out that the two bids for weed harvesting of Mirror Lake and Mill Pond had been sub- mitted with Minnetonka Seaweed Eaters' at $8,400, and Midwest Aqua Care at $9,860. Mr. Rosland advised, however, that Minnetonka Seaweed Eaters did not at the present time have theirBequipment assembled and felt it to .be inadequate for the job. Therefore, staff recommended award of bid to Midwest Aqua Care. Member Richards expressed concern as to the difference in cost between the two bids at 20% and advised he was not concerned with the present status of Minnetonka Seaweed Eaters equipment, only that it was ready at the time of the harvesting and could do the job. Mr. Rosland stated they had to be assured the job would be done on time and felt they did not have this reassurance from Minnetonka Seaweed Eaters. Mr. Hughes mentioned in the past there had been problems w2th certain contractors and felt it important to have the job done correctly and on time. motion was seconded by Member Turner for award of bid to staff recommended bidder Midwest Aqua Care at $9,860. I Member Schmidt's Ayes: Bredesen, Schmidt, Turner, Courtney Nays : Richards bfo tiQn carried. - HEARING DATE SET FOR WATER STORAGE EASEMENT VACATION. As recommended by staff, Member Bredesen offered the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON WATER STORAGE EASEMENT VACATION LOT 2, BLOCK 3, SCHEY'S PARK,VIEW THIRD ADDITION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that the following described easement for water storage purposes should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of Lot 2, Block 3, SCHEY'S PARK VIEW THIRD ADDITION described as follows: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of West, along the north line of said Lot 2, a distance of 120.00 feet to the point of beginning of the tract of land to be described; thence on a bearing of South, a distance of 30.00 feet; thence South 40 degrees 06 minutes 03 seconds West, a distance of 60.00. feet along a line which, if extended, would intersect the south line of said Lot 2 at a point therein distant 200.00 feet west of the southeast corner of said Lot 2; thence North 32 degrees 15 minutes 21 seconds West, a distance of 51.91 feet; thence North 45 degrees 00 minutes West, a distance of 9.90 feet; thence North 66 degrees 48 minutes 05 seconds West, a distance of 15.23 feet; thence North 86 degrees 17 minutes 05 seconds West, a distance of 77.16 feet; thence I 5/7/84 South-67 degrees 22 minutes 48 seconds West, a distance of 26.00 feet, to the west line of said Lot 2; thence north, along the west line of said Lot 2, a distance of 24.00 feet to the northwest corner of said beginning. .- - -- 44 I Lot 2; thence east, along the north line of said Lot 2, to the point of . 2. This Council shalk meet at the time and place specified in the forn of notice iacluded in paragraph 3 hereof for the purpose of holding a public hearing on whether such vacation shall be made in the interest of the pGblic. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: I (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 NOTICE OF PUBLIC HEARING ON PART OF LOT 2, BLOCK 3, SCHEY"S PARK VIEW THIRD ADDITION IN THE CITY OF EDINA HENNEPIN COUNTY , MINNESOTA ON VACATION OF EASENENT FOR STORAGE OF WMTR 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 June 4, 1984, at 7 p.m. , for the purpose of holding a public hearing on' the proposed vacation of the following easement for storage of water: That part of Lot 2, Block 3, SCHEY'S PARK VIEW THIRD ADDITION described as follows: Commencing at the northeast corner of said Lot 2; thence on an assumed bearing of West, along the north line of said Lot 2, a distance of 120.00 feet to the point of beginning of the tractlof land to be described; thence on a bearing of South, a distance of 30.00 feet; thence South 40 degrees 06 minutes 03 seconds West, a dgstance of 60.00 feet along a line which, if extended, would intersect the south line of said Lot 2 at a point therein distant 200.00 feet west of the southeast corner of said Lot 2; thence North 32 degrees 15 minutes 21 seconds West, a distance of 51.91 feet; thence North 45 degrees 00 minutes West, a distance of 9.90 feet; thence North 66 degrees 48 minutes 05 seconds West, a distance of 15.23 feet; thence North 86 degrees 17 minutes 05 seconds West, a distance of 77.16 feet; thence South 67 degrees 22 minutes 48 seconds West, a distance of 26.00 feet, to the west line of said Lot 2; thence north, along the west line of said Lot 2, a distance of 24.00 feet to the northwest corner of said Lot 2; thence east, along the north line of said Lot 2, to the.point of All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be -de shall be heard at said time and place. the extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on orknder the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion €or the purpose of specifying, in any such vacation resolution, the extent to. which any or all of any such easements, and puch authority to maintain, and to enter upon the area of the proposed.vacation, shall continue. I beginning. -1 The Council shall consider -I r I =._ thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, i I 1 BY ORDER OF THE EDINA CITY COUNCIL. Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 5/7/84 45 PETITION FOR ORNAMENTAL STREET LIGHT ON ASHCROFT LANE AND 63RD STREET, REFERRED TO ENGINEERING. on the corner of Ashcroft Lane and 63rd Street had been received and would be referred to the Engineering Department. by Member Schmidt to refer petition for ornamental street light at Ashcroft Lane and 63rd Street to the Engineering Department. As stated by Mr. Rosland, a petition for ornamental street light Motion by Member Bredesen was seconded Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. PETITION FOR IMPROVEMENTS FOR MENDELSSOHN 2ND ADDITION, REFERRED TO ENGINEERING. As stated by Mr. Rosland, a petition for watermain, storm sewer, sanitary sewer, graveling, and permanent street surfacing with curb and gutter for the Mendelssohn 2nd Addition had been received and would be referred to the Engineering Department. Motion by Membe,r Bredesen was seconded by Memker Schmidt to refer the petition for improvements for Mendelssohn 2nd Addition to the Engineering Department. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney ', Motion carried. FEASIBILITY REPORT 84-2, WEST 44TH STREET APPROVED; HEARING DATE SET. Hoffman presented Feasibility Report 84-2, West 44th Street, advising that the project would be state-aid funded with a special assessment to abutting property owners. Upon recommendation by Mr. Hoffman, Member Richards offered the following resolution and moved its adoption: City Engineer, RESOLUTION PROVIDING FOR PUBLIC HEARING ON PERMANENT STREET SURFACING WITH CURB AND CUTTER AND BRIDGE REPLACEMENT IMPROVEMENT NO. P-BA-262 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed StreeL%nprw.described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, May22, 1984, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than in -. suhstantially the following form: . three days from the date of said meeting, and- to mail notice to all affected properties (Official Publication) CITY OF EDINA. 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-262 S.A.P. 120-140-01 The Edina City Council will meet at the Edina City Hall, on Monday, May 21, 1984, at 7:OO P.M., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements .are estimated by the City as set forth below: ESTIMATED COST $356 , 063.23 The approximate West 44th Street - T.H. 100 to Brookside.Avenue . I. Permanent Street Surfacing with Concrete Curb and Gutter - Improvement No. P - BA - 262 The area proposed to be assessed for a portion of the cost of the proposed improve- ments includes Lot 17 and 19, Aud. Sub'd. No. 176; Lots 10 and 11, Thielen's Brookside; Lots 7 and 8, Sud. Subd. No. 176; Lots 1, 2, and 3, Block 4, Arden Park Third Addition; and Lots 1 and 2, Block 3, Arden Park 3rd Addition. Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. FEASIBILITY REPORT 8i-2, INDIANHEAD LAKE APPROVED; HEARING DATE SET. presented Feasibility Report 84-2, Indianhead Lake, advising the project would be assessed with proposed general fund contributions as in past weed harvesting projects. resolution and moved its adoption: Mr. Hoffman Upon recommendation by Mr. Hoffman, Member Richards offered the following 5/7/84 _.-_ . ~I 46 RESOLUTION PROVIDING FOR PUBLIC HEARING ON HARVESTING OF AQUATIC WEEDS AND TREATMENT OF INDIANHEAD LAKE The City Planner, havi5g submitted-to the Council a preliminary report as to IMPROVEMENT NO. P-AQ-84-3 1. the feasibility of the proposed improvements described in the form of Notice of Public Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the office of th6 City Clerk. 2. This Council shall meet on Monday, May 21, 1984, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. 3. The City Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA 4801 I?. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING HARVESTING OF AQUATIC WEEDS AND TREATMENT OF INDIANHEAD LAKE IMPROVEMENT NO. P-AQ-84-3 On Monday, May 21, 1984, the Edina City Council will conduct a public hearing to determine the necessity of undertaking a weed harvesting project as wel1,as the aeration and chemical treatment of Indianhead Lake during 1984, and if found necessary, to order undertaking of this work as an assessable project. This hearing will be held at 7:OO p.m. at the Edina City Hall, 4801 I?. 50th Street. If the project is ordered, it is expected that the total cost of harvesting,. aera- tion, and chemical treatments would be assessed against benefitted properties. Your receipt of this notice is an indication that property whose ownership is listed to you is among those properties which are considered to be benefitted. The estimated total cost of the proposed project is: Weed Harvesting $5,200 Aeration and Treatments 5,200 $10,400 Total Based upon this estimate, the total assessment per dwelling is estimated to be $315.15. The area proposed to be assessed includes all lots which are riparian to Indianhead Lake. These properties are described as follows: Lots 2-6, Block 5, Indian Hills Lots 12-19, Block 5, Indian Hills Lots 1-5, Block 1, Indianhead Crest Lots 1 and 2, Block 1, Indianhead Lake View Addition Lot 35, Auditors Subdivision No. 196 Tract A, R.L.S., No. 86 Lots 1-3, Block 1, Claudia Ridge Lots 1-3, Block 2, Sally Addition Lots 1-5, Block 1, Overholt Hills James Addition If approved, this project will be undertaken in 1984. later this year and would be due and payable in full in 1985. Please forward any comments or suggestions to the City Council in care of City Hall prior to the hearing or be present at the hearing itself. modified based upon the views expressed :to the Council. All recommendations and objections will be heard at said meeting. Assessments would be levied The project may be Marcella M. Daehn City Clerk Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. ON-SALE BEER LICENSE FOR NORMANDALE GOLF, INC., APPROVED. Council was advised of receipt of application for on-sale beer license for Normandale Golf, Inc. Turner’s motion for issuance of the license upon approval by the Police and Health Departments was seconded by Member Bredesen, Member Ayes: Bredesen, Richard, Schmidt, Turner, Courtney Motion carried. (I EVANS MEINEKE SPECIAL ASSESSMENT APPEAL, NOT GRANTED. September 19, 1983, the City held a special assessment hearing for street improvements on Grove Street; improvements that were originalZy petitioned for by Evans Meineke and James Peterson. Mr. Hoffman explained that on He stated that Mr. Meineke was not present at the assessment I .' 5/7/84 hearing and subsequently contacted the City in the early months of 1984 to appeal the assessment on Lot 2, Block 2, Warden Acres, Peterson Replat. Mr. Meineke told the staff that he felt the assessment was not proper, based partly on the fact that 45% of the lot in question is covered by an electric transmission line, and that this was the original basis for'denial of the requested R2 District rezoning in 1980. The consideration Mr. Meineke was seeking was that his measured front footage be stopped at the beginning of the cul-de-sac since he was denied the R-2 District rezoning. Mr. Meineke was present and stated he was not aware that the cul-de-sac would be placed on Grove Street until after the petition had gone in for the dev- elopment. He also stated that the cul-de-sac was not included in the original petition and he was of the understanding that the Grove Street cul-de-sac would be paid for by all the residents. he would be assessed for the cul-de-sac on Grove Street in the sum of $6,201.00. He explained that approximately 45% of Lot 2 is buildable and that the rest remains on easements, and he felt it unfair that he had to pay for the assessment. He con- cluded that he would be forced to obtain legal advise on the issue if Council did not grant him relief of the assessment. Mr. Peterson was also present and spoke on behalf of Mr. Meineke stating he felt it unfair that Mr. Meineke be assessed for the project. He elaborated that the notice sent to the property owners was cancelled and a rescheduled hearing notice was never issued. Mr. Hoffman stated the hearing was held as scheduled and was not cancelled. Member Richards asked Mr. Hoffman if the City had followed its customary procedure for this type of project, Mr. Hoffman stated they did. He also asked who would pay for the portion of Mr. Meineke's assessment if he did not pay for it. made on the assessment, the City would not have the right to re-assess the project, and that the monies then would have to come out of the general funds. Mr. Erickson advised the courts have allowed moral obligations as a basis- for proper expenditures of public monies, but explained that moral obligations usually arise out of harm to the person or the property. Member Bredesen moved to support staff's decision that no relief be granted to Mr. Meineke for reasons stated that he was given ample time to state his request for special relief at the public hearing. Mr. Meineke stated further that he did not understand Mr. Hoffman clarified that unless there had been an error He noted that this situation does not pertain to that category. Member Turner seconded the motion. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. EDINA EXPO '85 NOTED. Member Turner indicated that a date has been scheduled for April 20 and 21 for Edina Expo '85. gratefully accepted. She suggested any additional ideas would be PAINTING OF FENCES DISCUSSED. the painting-of fences. to require the painting of fences. No formal action was taken. Member Bredesen stated he received a call regarding The question arose as to whether the City has an ordinance Staff responded that there is no such ordinance. PAIRING PROJECT FOR PEACE DISCUSSED. requesting local mayors to pair up and correspond with Soviet Union cities of Mayor Courtney stated he received a letter similar size in an effort to seek peace. in rough draft form and asked Council if they advised him to send the letter. Member Richards voiced that he was not in favor of sending the letter in that it might be construed that the City was taking a particular stand on the issue. No 5ormal action was taken. He mentioned that he had composed a letter SIXTH ANNUAL ALL-VOLUNTEER AWARDS RECEPTION NOTED. Mr. Rosland reminded Council of the Sixth Annual All-Volunteer Awards Reception at the Interlachen Country Club on May 8, from 5-7 p.m. and encouraged their attendance. PRIVATE SALE OF LOT 1, BLOCK 6, WESTCHESTER KNOLLS GRANTED; RESOLUTION ADOPTED. Mr. Rosland stated that the property in question, Lot 1, Block 6, Westchester Knolls, is tax-forfeited land that the City does not desire to control. He further ex- plained that the Council must pass a resolution in order for the State to issue the parcel of land for private sale. Member Schmidt then offered the following resolution and moved its adoption: RESOLUTION WHEREAS, the lot described as PINS No. 33-117-21-22-0067, Lot 1, Block 6, Westchester Knolls, is a lot for which the City of Edina does not desire to control, and WHEREAS, that parcel has been listed by the County as tax-forfeited property owned by the State of Minnesota, and WHEREAS, the parcel cannot be developed but is properly attached to the land of abutting property owne,rs, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the County of Hennepin place this parcel of land on private sale, and that the sale of that land be limited to abutting property owners for attachment thereto. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 5/7/84 .. 48 BIDS TO BE TAKEN FOR PUBLIC IMPROVEMENTS. Schmidt offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER/SIDEWaK As recommended by Mr. Hoffman, Member IMPROVEMENT NWBERS BA-137, S.A.P. 120-151-08 AND BA-261 AND MISCELLANEOUS PARK WORK BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. the following notice of bids for improvements: The plans and specifications for the proposed improvement set forth in the I The Clerk shall cause to be published in the Edina Sun and Construction Bulletin (Official Publication) CITY OF EDINA 4801 W. 50th Street Edina, Minnesota 55424 ADVERTISEMENT FOR BIDS CONTRACT 84-3 (ENG) PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER, CONCRETE SIDEWALK, GRADING, AND STORM SEWER IMPROVEMENT NUMBERS P-BA-137, S.A.P. 120-151-08, P-BA-261 AND MISC. PARK WORK BIDS CLOSE MAY 31, 1984 SEALED BIDS will be received and opened in the City Council Chambers in the Edina City Hall, 4801 West 50th Street at 11:OO A.M., Thursday, May 31, 1984 to consider said bids for Grading and Graveling, Permanent Street Surfacing with Curb and Gutter, and Concrete Sidewalk. The following are approximate quantities for the major items: 110 Each, Trees Cleared, Grubbed and Removed 21,.400 C/Y, Excavation 11,800 Tons, C1. 2 Gravel 4,255 Tons, Bituminous Minn. D.O.T. 2331 and' 2341 1,402 L/F, Storm Sewer 12" and 15" 10,420 L/F, Concrete Curb and Gutter 15,000 S/F, 4" Concrete Sidewalk I 36 Each, Trees F & I 11,400 S/Y, Sod .. 36 Each, Shrubs F & I 5,215 S/F, Wood and Stone Retaining Walls Bids shall be in a sealed envelope with a statement thereon showing the,work covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 West 50th Street, Edina, MN, 55424, and may be mailed or submitted personally to the City Engineer. submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. Plans and specifications are available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to City Clerk in the amount of at least ten (10) .percent of amount of base bid. The City Council reserves the right to reject any or all bids. check for $5.00 made payable to the City of Edina to cover handling and postage. BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Member Turner. Bids received by the City Engineer, either through the mail or by personal All requests to mail plans and specifications must be covered by a separate Marcella M. Daehn, City Clerk Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. I CLAIMS PAID. Motion of Member Richards was seconded by Member Schmidt for payment of the following claims as per Pre-List dated May 7, 1984: General Fund $133,851.75, Park Fund $20,645.27, Art Center $8,976.46, Swimming Pool Fund $7,940.00, Golf Course Fund $28,357.33, Recreation Center Fund $3,702.26, Gun Range Fund $99.99, Waterwork Fund $20,919.27, Sewer Rental Fund $1,250.39, Liquor Dispensary Fund $12,455.55, Construction Fund $1,884.81, Total $240,083.18. There being no further business, Mayor Courtney declared the meeting adjourned at 12:02 a.m. 4& K, me Acking Citd Clerk .. ~ ..