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HomeMy WebLinkAbout19840716_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JULY 16, 1984 Answering rollcall were Members Bredesen, Richards, Schmidt, Turner and Mayor Courtney. MINUTES of the Regular Council Meeting of July 2, 1984, were approved as submitted by motion of Member Turner, seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. I PRELIMINARY PLAT APPROVED FOR VALLEY VIEW 2ND ADDITION. presented by Clerk, approved as to form and ordered placed on file. presented the petition for preliminary plat approval for Valley View Heights 2nd Addition, generally located south of Valley View Road and east of Tracy Avenue. request is for a five-lot subdivision to remain zoned R-1 Single Dwelling District. The proposed lots range in area from 12,200 square feet to 21,100 square feet and comply with Zoning Ordinance requirements. that were recently approved for the Berg Addition to the east. subdiv'ision are arranged around a small cul-de-sac from Valley View Road. lot fronts on Valley View Road. reviewed the proposed subdivision at its meeting of June 27, 1984. pointed out that this plan is a modification of an earlier plan submitted by the property owner that called for a double dwelling unit development for the site. was staff's recommendation that the rezoning to R-2 should be denied. The Commission felt the modified plan conformed to past direction given for the area and recommended approval of the subdivision conditioned upon: a) subdivision dedication, b) developer's agreement that would include the relocation of the existing storm sewer at the developer's expense. No objections being heard, Member Bredesen introduced the following resolution and moved its adoption: Affidavits of Notice were Mr. Hughes ' The The lots are similar in size to the lots The fifth Lots 1 through 4 of the The Community Development and Planning Commission Mr. Hughes It RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL VALLEY VIEW 2ND ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Valley View 2nd Addition", platted by PKR Development Company and presented at the regular meeting o€ the City Council of July 16, 1984, be and is hereby granted preliminary plat approval, subject to subdivision dedication and execution of a developer's agreement. Motion for adoption of the resolution was seconded by Member Turner. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. PRELIMINARY PLAT APPROVAL FOR REPLAT OF LOT 70, MORNINGSIDE, DENIED. Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition for preliminary plat approval for Replat of Lot 70, Morningside, located at 4231 Grimes Avenue. The subject property measures 100 feet in width by nearly 200 feet in depth and is zoned R-1 Single Dwelling District. An existing single family dwelling is located on the northerly portion of the lof. The applicant requests a subdivision of the property whereby two lots measuring 50 feet-- in width would be created. dwelling and the southerly lot would be a new building site. The Zoning Ordinance requires a minimum lot width of 75 feet and therefore, 25-foot lot width variances Because these variances are requested as part of the platting process, the Community Development and Planning Commission and the City Council, rather than fie Board 05 Appeals and Adjustments, are empowered to act on them. In order to comply with the setback requirements of the Zoning Ordinance, the.applicant also proposes to remove a greenhouse attached to the existing dwelling. ,Mr. Hughes pointed out that the property is.part of the Morningside plat whicX-, together with several other plats , comprises 'a large portion of the former Village of Morningside. Although nearly all?lots within these plats originally measured 100 feet in width, most have been further subdivided to provide more than one building site. Most were subdivided prior to annexation of Morningside 'by Edina. Of the 200+ lots originally composing these subdivisions, only about 30 lots remain unsubdivided. lots have been subdivided but retain lot widths of about 100 feet. existing lots have been subdivided into 50-foot wide lots as now proposed for the subject property. been subdivided. The three lots immediately south of the subject property measure 100 feet in width and the eight lots north of the subject property measure 50 feet in width. Since annexation of Morningside by Edina, two subdivisions creating .!%-foot wide lots have been approved by the City of Edina: in 1972 a lot on Alden Drive and in 1978 a lot at Grimes and Morningside. The Commission reviewed the request at their June 27, 1984, meeting and concluded, as did staff in their report, that the character of this neighborhood is typified more by the 50-foot lot rather than the 100 foot lot. the further subdivision of lots such as this and staff concluded that the character Affidavits of The northerly lot would be retained for the existing .are also requested. About 20 other Most such pre- Mr. Hughes showed a graphic depicting the 100-foot lots that have The Comprehensive Plan contains some policies concerning 71161 84 95 and symmetry of the neighborhood will not be adversely affected and the standards maintained by other properties will be preserved. Therefore, staff recommended approval of the subdivision and variance, conditioned on subdivision dedication. The Commission adopted that recommendation with one negative vote, because of a concern that a new home would not fit into the character of the neighborhood. Mr. Hughes stated that Len Lampert, the proponent, was present to answer any questions. side of the 25 foot variances. Mr. Hughes responded that the 25-foot variances requested are tied to the plat, that no building plans have been submitted, and that a builder may come before the Board of Appeals and Adjustments asking for a setback variance. the subject lot, is an architect, and that he plans to build a house for his family that would fit into the neighborhood. be added to alleviate some of the feelings of lost green and open space expressed by the neighbors. Stafford, 4226 Grimes Avenue and Richard Belfry, 4243 Grimes Avenue. Speaking in opposition to the proposed subdivision were Nancy Hanchett, 4232 Grimes Avenue; Dick Schultz, 4235 Grimes Avenue; Frank Quale, 4332 Grimes Avenue; Clarence Velgersdyk, 4238 Grimes Avenue; Mrs. John Peterson, 4239 Grimes Avenue; and Rita Eickhof f , 4234 Grimes Avenue. Concerns voiced in opposition to the subdivision included 1) that it would be detrimental to the character and aesthetics of the neighborhood, 2) that the Zoning Ordinance requires a minimum lot size of 75 feet for new construction, 3) that building plans for the house have not been submitted for review by the Council, 4) loss of open space, 5) that increased density would have a negative affect on property values, and 6) that a precedence would be set for further subdivision of other 100-foot lots in the neighborhood. asked if a subdivision dedication fee would be required. the normal procedure has.been to require a fee. is a precedence for 50-foot lot6 in the area and asked what the Council's position .would be. if.the proposed-subdivision were denied. .Attorney Erickson responded that a decision either way could be appealed by the parties interested. Precedence is one of the factors. The subdivision ordinance states factors on which variances are allowed and the findings on those are normally assumed to exist when approval is recommended by the Planning Commission. With reference to the other 100-foot lots, Member Bredesen asked if they could accommodate subdivision without destruc- tion of existing homes to make them work. but that the majority could not as most of them have larger existing homes which would make it more difficult to subdivide. Member Turner then moved preliminary plat approval based on the following policies in the Comprehensive Plan: 1) allow further subdivisions of developed single family lots if the neighborhood character and symmetry are preserved (existing 50-foot lots), 2) establish a secondary single family zoning classification that allows for reduced minimum lot requirements based on neighborhood characteristics, and 3) allow redevelopment of parcels in small lot areas according to neighborhood standards. was seconded by Member Richards. for plans and how the home would be sited on the lot. that we have planned districts in all districts except R-1 Single Dwelling Districts because it pertains to homes. lot coverage, etc. and that normally plans are not required to be submitted for subdivisions in the R-1 District. -- approval would include approval of the requested 25-foot variances. Mr. Hughes explained that if preliminary plat approval is granted,.the 25-foot variances are also granted and that if a home can be built on the lot within the requirements pertaining to setbacks, lot coverage etc. contained in the Zoning Ordinance, the City would be-obliged to issue a building permit. be acted Gpon by the Board of Appeals and Adjustments. Member Richards stated that he had seconded the motion for approval based on the expectation that the Council would see the plans before construction was started, especially in view of the fact that the lot is a departure from the 75-foot lot minimum. Attorney Erickson pointed out that if additional variances were requested of the Board of Appeals, that any approval could be appealed to the Council for decision. response to concerns about the building design, Mr. Lampert gave assurances that he would follow the normal process of review by the Building Official to ascertain compliance with setback requirements, height and compatibility with surrounding structures. on the motion. Rollcall : Ayes: Turner, Richards Nays: Bredesen, Schmidt, Courtney Motion failed. Member Schmidt asked if additional variances could be requested out- 3 Mr. Lampert, proponent, stated he is the proposed buyer of He stated that landscaping would Speaking in support of the proposed subdivision were Helen Member Schmidt Mr. Rosland stated that Mayor Courtney stated that there .. Mr. Hughes replied that some could be, Motion for preliminary plat approval Member Schmidt asked if the Council could call Attorney Erickson explained He noted that the building code prescribes setbacks, Member Richards asked if preliminary plat Any additional variances would In After further discussion, Mayor Courtney called for a rollcall vote PRELIMINARY PLAT APPROVED FOR REPLAT OF LOT 1, BLOCK 1, TAFT ADDITION. Affidavits of notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition for preliminary plat approval for Replat of Scriver Road. , Lot 1, Block 1, Taft Addition, generally located south of Blake Road and north of The subject property measures 68,772 square feet in area and is 7/16/84 - ~. 96 zoned R-1 Single Dwelling Unit District. southerly portion of the property. into two lots. would be retained for the existing home. square feet and would be a new building site. exceed ordinance minimums as well as other lot sizes recently approved in the area. The Community Development and Planning Commission reviewed the request at its meeting of June 27, 1984, and together with staff would recommend approval subject to: 1) subdivision dedication, and 2) increase in the width of the drainage and utility easement along the west property line from five feet to ten feet. that James Brook, the proponent, was present to answer questions. Neil Feinberg, 5101 Scriver Road, asked how many new lots would be created. that the existing house would be on one lot and a new house would be sited on the new lot. resolution and moved adoption: An existing dwelling is located on the The request is for a subdivision of the property The southerly lot would measure 33,417 square feet in area and The northerly lot would measure 35,355 He noted that the proposed lots far He noted . I Mr. Hughes clarified No objections being heard, Member Bredesen introduced the following RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR REPLAT OF LOT 1, BLOCK 1, TAFT ADDITION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Replat of Lot 1, Block 1, Taft Addition", platted by James A. Brooks and presented at the regular meeting of the City Council of July 16, 1984, be and is hereby granted preliminary plat approval, subject to subdivision dedication and increase in width of easement. Motion for preliminary plat approval was seconded by Member Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. FINAL SITE PLAN APPROVED FOR PROFESSIONAL PLAZA, 5108 INDUSTRIAL BOULEVBRD. presented the request for final site plan approval for the Professional Plaza, 5108 Industrial Boulevard. Southdale's detached banking facility which has been closed for several months. The applicant proposes to remove the drive-up canopy and other appurtenant equipment and to construct a one-story 10,247 square foot addition to the existing 2,669 square foot building. Surface parking would be provided on the site to support the proposed use for office purposes. District to POD-1, Planned Office District in connection with the adoption of the new Zoning Ordinance in March, 1984. to buildings so rezoned are subject to final development plan approval process. explained that the proposed expansion conforms with the requirements of the Zoning Ordinance in tenus of parking quantity, setbacks, lot coverage and so forth. The proposed building materials are the same as the existing building. The applicant proposes to preserve the existing curb cuts on Metro Boulevard and Edina Industrial Boulevard. Mr. Hughes advised that the final site plan was reviewed by the Community Development and Planning Commission at its June 27th meeting and the Commission would recommend approval subject to: 1) signing of the Edina Industrial Boulevard driveways to designate one-way traffic movement, and 2) modification of the Metro Boulevard curb cut to align with the proposed parking layout. In response to Member Schmidt's concern regarding the congested traffic at that corner, Mr. Hughes stated that plans are to signali-ze that corner this Fall. introduced the following resolution and moved adoption: - Mr. Hughes He noted that the subject property is improved with First Mr. Hughes recalled that this property was rezoned from 0-1 Office I The new ordinance requires that significant additions He No objections being heard, Member ScWdt RESOLUTION .BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the Final Site Plan for Professional Plaza, 5108 Industrial Boulevard, presented at the regular meeting of the City Council of July 16, 1984, be and is hereby approved. Motion for approval was seconded by Member Turner. . Rollcall : Ayes: Bredesen, Richards, Schmidt, Turner, Courtney .. Resolution adopted. I PUBLIC HEARING ON VACATION OF TJETLAND EASEMENT,-LOT 6, BLOCK 1, THE HABITAT, CONTINUED TO AUGUST 6, 1984. Member Turner, to continue the public hearing on the proposed vacation of wetland easement on Lot 6, Block 1, The Habitat, to the Council Meeting of August 6, 1984. As recommended by staff, Member Schmidt's motion was seconded by Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. NOISE ORDINANCE AMENDMENT DISCUSSED. noise complaint by Bernard Gershin the Council had recently discussed amending the noise ordinance to improve procedures for enforcement of the ordinance. that &. Gershin was present to comment. of the complaint by Mr. Gershin, steps have been taken to improve equipment and to review procedures. Changes proposed in the ordinance include: 1) restoring the loudspeaker permit request, 2) instituting a formal complaint process, and 3) issuing citations to participants after warning. Mr. Gershin stated that the proposed amend- ments to the noise ordinance would seem to satisfy the problem. that the proposed amendment to the noise ordinance would be brought to the Council Mr. Rosland recalled that Zn response to a He noted Mr. Bernhardson advised that since receipt Mr. Rosland advised ... 7/16 / 84 at its next meeting for review. BID AWARDED FOR CONCRETE RESTORATION-PARKING RAMP IMPROVEMENT NO. P-1A CONTRACT #84-4. Mr. Rosland advised that staff would recommend concrete repairs to the north muni- cipal parking ramp on 50th Street. He presented tabulation of bids showing Western Waterproofing at $148,400.00, George F. Cook Construction at $150,602.07, Abhe & Svoboda at $150,706.00, Arcon Construction at $155,977.00, Cy-Con, Inc. at $165,705.00, D. H. Blattner & Sons, Inc. at $169,820.50, and Roadway Specialties, Inc. at $177,331.00. Mr. Rosland advised that the recommended low bid is within I the amount budgeted for this item, of which approximately $15,000 per year is derived from parking sticker fees. Turner for award of bid to recommended low bidder, Western Waterproofing at $148,400.00. No formal action was taken. Member Schmidt's motion was seconded by Member Ayes: Motion carried. Bredesen, Richards, Schmidt, Turner, Courtney Member Bredesen commented that he felt that the cost of maintenance of the parking ramps for the 50th and France shopping area should be borne by the people who shop there rather than by all the residents of the City through their tax dollars, and suggested that the Council discuss this concept at some point in the future. TRAFFIC SAFETY COMMITTEE MINUTES OF 7/10/84 APPROVED. Member Bredesen's motion was seconded by Member Turner to approve the following recommendation of the Traffic Safety Committee as stated in Section A of the Traffic Safety Committee minutes of July 10, 1984, after evaluation of the West 70th Street and Cornelia Drive intersection: 1) 2) West 70th Street traffic lanes should be striped. 3) 4) 5) 6) 7) The four-way stop should be maintained at West 70th Street at Cornelia Drive. Appropriate "NO PARKING-ANYTIME" zones should be established. Public Works should improve snow removal at the intersection. Steps should be taken to relocate the existing mailbox at the intersection. The use of adult school crossing guards should be maintained. The "STOP" sign recommendation on West 70th Street at West Shore Drive should be dealt with as a separate issue. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. KEGA/EDINA GYMNASTICS ASSOCIATION LOAN FROM CITY APPROVED. Mr. Rosland advised that over the years the KEGA/Edina Gymnastic Association, Inc. has been the one athletic group that has been unable to find a "home" and since 1982 had been going through some dramatic changes. a private gymnastic association, but will be identified as Edina Gymnastic Assoc- iation. residents on the Board of Directors. School District to use one of the huts next to the Edina Community Center for classes. Mr. Rosland pointed out that they now have a tremendous shortage of equipment as most of the equipment they were using belonged to KEGA. They are seeking a loan from the City in the amount of $13,500.00, payable in 30 months without interest. The Edina Park Board recommends approval of the loan with the provision that the equipment purchased with the loan would be the property of the City until the loan is repaid and then would be turned over to the Association. Council Members discussed the issues of an interest free loan, the Association's ability to repay the loan, the philosophy that each athletic organization should pay their own way, and the partial subsidy by way of maintenance to the playing fields for other sports. amount of$13,500.00 to the Edina Gymnastic Association, without interest, payable in 30 months.. They are no longer are associated with KEGA, Changes have been made to their bylaws to allow a majority of Edina Arrangements have been made with the Edina Member Turner then moved approval of a loan in the Motion was seconded by Member Richards. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. REPORT GIVEN ON CABLE TV BY ROGERS CABLESYSTEMS. prior to the presentation.) Mr. Rosland introduced Gary Mizga, Regional Manager, and Jim Crawford, Operations Manager, of Rogers Cablesystems. Mr. Mizga stated he would report on the financial condition of the company, new economic realities of the cable industry and the restructuring proposal. Since 1980 conditions have changed in the cable industry which have dramatically impacted Rogers cost of doing business, and have resulted in reduced basic subscriber penetration thus affecting revenues. In spite of these changing conditions, the system was constructed ahead of schedule. In many instances, Rogers exceeded service commitments to the cities. They have weathered the changing economic conditions by implementing an agressive cost control program and effectively marketing premium services to subscribers. that Rogers has only been partially successful in offsetting the impact of these changes and now find that a multifaceted approach to financial problems is necessary to meet financial commitments and ensure the system's viability. the cooperation and participation of the cities in this effort. new economic realities have affected Rogers Southwest suburban system in four (Member Richards left the meeting Mr. Mizga noted Rogers requests He noted that the 7/16/84 - .. 98 general areas: a) increased capital expenses, b) increased operating expenses, c) fewer basic service subscribers, and d) slow development of use for full bi- directional capability. a) is still borrowing money to cover operating expenses including interest pay- ments, b) is experiencing and will continue to experience cash shortfalls, c) would not be able to meet our initial principal payment in 1986 under the bank loan agree- ment, and d) would have to infuse significant amount of additional capital starting in 1989 for plant and equipment replacement. hensive approach to the current financial situation including increasing revenues through higher subscriber rates, increased operating efficiencies, rescheduling of the bank loan and deferring the purchase of some fixed assets and temporarily reducing certain expenditures required under the franchises. Mr. Crawford briefly outlined Roger's marketing efforts to increase the subscriber pentration from 42% to 50% in Edina. decrease expenses and is working with the SWSCC and the consultant retained by the Commission to look at forecasts so that the company can meet the initial principal payment in 1986 on the bank loan. He indicated that the report was brought to the Council for their information, that he would keep them informed and would be back in the weeks and-months ahead with specific proposals. appreciated the report, but that his concern is not about projections or how the company runs its business, but rather the process by which Edina as a community gets to express its reaction to proposals before decisions are made by the SWSCC. In response Mr. Rosland stated that he and Mayor Courtney, as Edina's representatives on the Commission, would try to bring these to the Council before recommendatidns are made by the SWSCC. PUBLIC HEARING DATE SET FOR NUMEROUS SPECIAL ASSESSMENTS. Member Turner introduced the following resolution and moved its adoption: The current financial picture indicates that Rogers: Rogers is proposing a balanced, compre- I Mr. Mizga summarized that Rogers is attempting to increase revenues and Member Bredesen stated he No action was taken. (Member Richards returned to the meeting.) As recommended by staff, RESOLUTION PROVIDING FOR SPECIAL ASSESSMENT HEARINGS FOR GRADING IMPROVEMENT NO. C-140 MAINTENANCE IMPROVEMENT NO. M-84 AQUATIC WEED IMPROVEMENT NO. AQ-84-3 STREET LIGHTING IMPROVEMENT NO. L-24 STORM SEWER IMPROVEMENT NO. ST.S-172 SANITARY SEWER IMPROVEMENT N0.S SS-364, SS-367 ALLEY IMPROVEMENT NO. E-31 WATERMAIN IMPROVEMENT NOS. WM-349, IJM-350, WM-351 * STREET IMPROVEMENT NOS. BA-254, BA-256, BA-257, BA-258, BA-259, BA-260 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The Clerk and Engineer having calculated the proper amounts to be assessed for the improvements set forth in the Notice of Hearing form hereinafter recorded, and the amounts proposed to be assessed against the respective lots, places and parcels of land within the districts affected by said improvements, and said proposed assess- ments having been filed with the Clerk, the same are hereby approved and the Clerk shall keep the same on file in her office and open to public inspection pending hearings thereon as herein provided. 2. f om hereinafter contained , to pass upon said proposed assessments and the Clerk ' s action in publishing notices of said hearings in the official newspaper in accord- ance with law is hereby approved. This Council shall meet at the time and place specified in the Notice of Hearing Notices being as follows: - .. (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA HEARING FOR ASSESSMENTS . NOTICE OF PUBLIC & Alley Improvement No. E-31. r Grading Improvement No. C-140. Maintenance Improvement No. M-84. Aquatic Weed Improvement No. AQ-84-3 Street Lighting Improvement No. L-24. Storm Sewer Improvement Nos. ST.S-172. Sanitary Sewer Improvement Nos. SS-364; SS-367 .- Watermain Improvement Nos. WM-349 ; WM-350; Ifif-351.- Street Improvement Nos. BA-254, BA-256, BA-257, BA-258, I BA-259, BA-260. EDINA CITY COUNCIL will meet at the City Hall, 4801West 50th Street, Edina, Minnesota, on Monday, September 17, 1984, at 7:OO P.M. to hear and pass upon all objections, if any to the following proposed assessments. These assessments are now on file in the office at the Edina City Clerk and open to public inspect- ion. interest on the entire assessment at the rate of 11% per annum from the date of the resolution levying the assessment to December 31, 1985. Assessment on the following will be payable in one equal installment with 1. CONSTRUCTION OF MAINTENANCE IMPROVEMENT NO. M-84. District description: 50TH STREET AND FRANCE AVENUE BUSINESS DISTRICT. 7/16/84 99 The area proposed to be assessed for said improvement is as follows: Lot 21, 22 and South 42% feet of Lot 20 and North 7% feet of Lot 23, except road; that part of Lot 24 lying South of the North 37 feet of Lot 24; Lot 25 and North 147 feet of Lot 29 and East 1 foot of North 147 feet of Lot 30; Lot 26 thru 28 and South 3 feet of Lot29 also West 65 feet of South 119.9 feet of Lot 30 and East 1 foot of South 133 feet of Lot 30 except street; West 119.9 feet of Lot 33; South 126 feet of Lot 34 and East 13 feet of Lot 35; West 28 feet of East 41 feet of South 90 feet of Lot 35; commencing at a point in South line of Lot 35 distance 41 feet West from South- east corner thereof thence North 90 feet thence East 28 feet thence North 36 feet thence West to East line of West 74.2 feet of Lot 35, thence North along said East line to North line of South 160.3 feet of Lot 35 thence West along North line to West line thereof thence South to Southwest corner thereof thence East to beginning also that part of South 150.3 feet of Lot 36 lying Easterly of a line running from a point in South line thereof distance 21.9 feet West from Southeast corner thereof to a point in North line thereof distance 21.45 feet West from Northeast corner thereof; East 85 feet of West 120 feet of East 172 feet of South 150 feet of North 1/2 of Lot 36 except street; that part of South 150.3 feet of Lot 36 lying Westerly of a line running from a point in South line distance 21.9 feet West from Southeast corner thereof to a point in North line thof distance 21.45 feet West from Northeast corner thereof except street; that part of the following described premises lying below the elevation of 899 feet mean sea level 1929 adjustment: the South 43.5 feet of North 166.5 feet of West 54 feet of East 60 feet of Lot 43, Auditor's Subdivision No. 172 and the South 2 feet of East 6 feet of North 166.5 feet of Lot 43 and that part of Lot 43 lying South of North 166.5 feet thereof and East of Registered Land Survey 1426 and Northerly of a line drawn from the most Southerly and Easterly corner of Tract A, Registered Land Survey 1426 to a point o~f- the East line of West 107 feet of Lot 44, Auditor's Subdivision No. 172 distance 181.05 feet North of South line thereof also that part of Tract A, Registered Land Survey 1426 lying South of North 123 feet thereof; Tract A, Registered Land Survey 1426 and the North 166.5 feet of East 60.feet of Lot 43, Auditor's Subdividion No. 172 and that part of Lot 43 lying South of North 166.5 feet thereof and East of Registered Land Survey 1426 and Northerly of a line drawn from the most Southerly & Easterly corner of Tract A, Registered Land Survey 1426 to a point on East line of West 107 feet of Lot 44, Auditor's Subdivision No. 172 distance 181.05 feet North of South line thereof except that part of the above described premises lying below the elevation of 899 feet mean sea level 1929 adjustment described as follows: the South 43.5 feet of North 166.5 feet of West 54 feet of East 60 feet of Lot 43 and the South 2 feet of East 6 feet of North 166.5 feet of Lot 43 and that part of Lot 43 lying South of North 166.5 feet thereof and East of Registered Land Survey 1426 and Northerly of a line drawn from the most Southerly & Easterly corner of Tract A, Registered Land Survey 1426 to a point on the East line of West 107 feet of Lot 44 distance 181.05 feet North of South line thereof also that part of Tract A, Registered Land Survey 1426 lying South of North 123 feet thereof; West 107 feet of North 120 feet of Lot 44; that part of Lot 45 described as commencing at a point in Northwest comer of Lot 47 thence South to Southwest corner thereof thence West 13:9 feet thence South 1.1 feet thence West 36.1 feet thence South 2.4 feet thence West to a point 7 feet East from West line of Lot 45 thence North 134.75 feet thence West 4 feet thence North to South line of West 50th Street thence East 87 feet thence South to be- ' ginning; South 70 feet of East 150 feet of Lot 45 and North 2 feet of Eas€ 1/2 of Lot 49; North 102 feet of East 1/2 of South 1/2 of Lot 49 except road; commencing at a point in East line of Lot 49 distance 2 feet South from Northeast corner thereof thence South 40.16 feet thence West to a point in West line of East 1/2 of Lot 49 distance 43.3 feet South from Northwest corner thereof thence North 41-3 feet to a point 2 feet South from North line of said Lot thence East to beginning; 'South 177.5 feet of Lot 31 except street; South 177 1/2 feet of Lot 32 and that part of the North 1/2 of Lot 34 lying East of West 14.75 feet thereof and South of Allatas 1st Addition except street; thence West 49 feet of Lot 47 and that Part of the East 51 feet of Lot 47 lying North of the South 2.45 feet thereof; the North 113 feet of .the South 183 feet of East 150 feet of Lot 45, Auditor's Sub- division No. 172 except that part thereof below the elevation of 897 feet above mean sea level and lying North of a line described as follows: the Northeast corner of said South 183 feet thence on an assumed bearing of 50 degrees 20 minutes 20 seconds along the East line of Lot 45 a distance of 4.15 feet to the point of beginning of the line being described thence West 48.18 feet thence Westerly 49.02 feet along a tangential curve to the left with a radius of 101.29 feet thence South 62 degrees 16 minutes 17 seconds West to a distance of 32.39 feet thence Southwesterly 43.93 feet along a tangential curve 'to the left with a radius of 50 feet to the West line of the East 150 feet of Lot 45 and there ending; East 52 feet of South 150 feet of North 1/2 of Lot 36 except street, all in Auditor's Subdivision No. 172; Lot 8, Lund Kruse Addition; Tract Cy Registered Land Survey 1426; Lot 1 and the West 35 feet of East 172 feet of South 150 feet of North 1/2 of Lot 36, Auditor's Subdivision No. 172 except street; Replat Lot 6, Block 1, Lund Kruse Addition; Lot 1, Block 1, Steven's First. ' Commencing at 7/16/84 2. CONSTRUCTION OF STREET LIGHTING IMPROVEMENT NO. L-24. District description: The area proposed to be assessed is as follows: 13 and that part of the unplatted portion lying between the West line of Muir Woods and the East line of Iroquois Hills 3rd Addition which lies between the extension of the North and South lines of said Lot 13; Lot 14 and that part of the unplatted portion lying between the West line of Muir Woods and the East line of Iroquois Bills 3rd Addition which lies between the extension of the North and South lines of said Lot 14; Lot 15 and that part of the unplatted portion lying between the West line of Muir Woods and the East line of Iroquois Hills 3rd Addition which lies between the extension of the North and South lines of said Lot 15, Block 1, ,Iroquois Hills 3rd Addition. BETWEEN 7142 VALLEY VIEW ROAD AND 7005 COMANCHE COURT. Lots 3 thru 6; Lot 12;'Lot 3. CONSTRUCTION OF AQUATIC WEED IMPROVEMENT NO. AQ-84-3. District description: The area proposed to be assessed is as follows: All lots which are riparian to Indianhead Lake. Lots 2 thru 6, Lots 12 thru 19, Block 5, Indian Hills Addition; Lots 1 thru 5, Block 1, Indianhead Crest Addition; Lots 1 and 2, Block 1, Indianhead Lake View Addition; Lot 35, Auditor's Subdivision No. 196; Tract A, Registered Land Survey No. 86; Lots 1 thru 3, Block 1, Claudia Ridge Addition; Lots 1 thru 3, Block 2, Sally Addition; Lots 1 thru 5, Block 1, Overholt Hills James Addition. Assessment on the following will be payable in three equal installments over a period of three 11% per annum from the date of the resolution levying the assessment to December 31, 1985. (3) years with interest on the entire assessment at the rate of '4. CONSTRUCTION OF WATERMAIN IMPROkNT NO. WM-349. District description: The area proposed to be assessed is as follows: Lots 2 thru 5, Block 1, MARTH COURT FROM WEST 78TH STREET NORTH TO CUL DE SAC (WEST SIDE). I. Braemar Hills 11th Addition. 5. CONSTRUCTION OF WATERMAIN IEPROVEMENT NO. WM-350. District description: The area proposed to be assessed is as follows: EVANSWOOD LANE TO SERVICE 6219 AND 6221 EVANSWOOD LANE. Lots 1 and 2, Block 1, Zuppkewood Addition. 6. CONSTRUCTION OF SANITARY SEWER NO. SS-364. - District description: MARTH COURT FROM WEST 78TH STREET NORTH TO CUL DE SAC (WEST SIDE). Braemar Hills 1lthAddition. The area proposed to be assessed is as follows: Lots 2 thru 5, Block I, 7. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-367. District description: The area proposed to be assessed is as fallows: Lots 1 and 2, Block 1, EVANSWOOD LANE TO SERVICE 6219 AND 6221 EVANSWOOD LANE. Zuppkewood Addition. Assessment on the following will be payable in ten equal installments over a period of ten (10) years with interest on the entire assessment at the rate of 11% per annm from the date of the resolution levying the asseSAment to December 31, 1985. 8. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-349. District description: The area proposed to be assessed is as follows: South 148.6 feet of Narth - 981.6 feet of the West 224 feet of Southeast 1/4 of Southwest 1/4, Section'8;' Township 116r Range 21 (08-116-21-34-0005); Lot 1, Block 1, Warren Hanson Addition; Lots 1-thru 3, Block 1 and Outlot 1, Vinsor'Addition. MARTH COURT FROM FJEST 78TH STREET NORTH TO 3 * CUL DE SAC (EAST SIDE) . .. 9. CONSTRUCTION OF WATERMIIN IMPROVEBENT NO. IJM-351. District description: The area proposed to be assessed is as follows: Lots 1 thru 4, Block 2, YORK AVENUE, WEST 54TH STREET TO 200 FEET SOUTH TO SERVE 5400, 5406 and 5408 YORK AVENUE. - Seely's First Addition. 10. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-364- CUL DE SAC (EAST SIDE). 981.6 feet of the West 224 feet of Southeast 1/4 of Southwest 1/4, Section 8 Township 116, Range 21 (08-116-21-34-0005); Lot 1, Block 1, Warren Hanson Addition; Lots I thru 3, Block 1 and Outlot 1, Winsor Addition. District Description: The area proposed to be assessed is as follows: MARTH COURT FROM WEST 78TH STREET NORTH TO South 148.6 feet of North 11. CONSTRUCTION OF ALLEY IMPROVEMENT NO. E-31. District description: The area proposed to be assessed is as follows: Lots 1 thru 23, Block 5, ALLEY BETWEEN ABBOTT AVENUE AND BEARD AVENUE AND WEST 59TH STREET AND WEST 60TH STREET. Harriet Manor Second Addition. I 7/16/ 84 101 12. CONSTRUCTION OF STORM SEWER IMPROVEMENT NO. ST. S-172. District descriprion: The area proposed to be assessed is as follows: MCCAULEY TRAIL FROM GLEASON ROAD TO EAST LINE OF LOT 1, THE TIMBERS ADDITION. the Northwest 1/4 of Northeast 1/4 of Section 6, Township 116, Range 21 and South of Highway, Auditor's Subdivision No. 196; Lots 22 and 23, Block 1, The Timbers. That part of Lot 24 lying in 13. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-254. District description: MARTH COURT FROM WEST 78TH STREET NORTH TO CUL-DE-SAC. The area proposed to be assessed is as follows: Lots 1 thru 5, Block 1, Braemar Hills 11th Addition; South 148.6 feet of North 981.6 feet of the West 224 ' feet of Southeast 1/4 of Southwest 1/4, Section 8, Township 116, Range 21 (08-116- 21-34-0005); Lot 1, Block 1, Warren Hanson Addition; Lots 1 and 2, Block 1, Winsor Addition. 14. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-256. District description: The area proposed to be assessed is as follows: GLEASON COURT FROM GLEASON ROAD TO CUL-DE-SAC. Lots 1 thru 14, Block 1, Gleason Court Addition. 15. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-257. District description: .N(TB HILL DRIVE IN OAK RIDGE OF EDINA. The area proposed to be assessed is as follows: Lots 1 thru 6, Block 1, Lots 2 thru 5, Block 2, Oak Ridge of Edina. 16. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-258. District description: The area proposed to be assessed is as follows: BROWNDALE AVENUE, COOLIDGE AVENUE, BROOK AVENUE, MACKEY AVENUE, FROM WEST 44TH STREET TO-NORTH EDINA CITY LIMITS. Lots 8 thru 12, Block 7; fract. Lot 8, Lots 9 thru 16 and South 25 feet of Lot 17, Block 8; fract. Lot 8, Lots 9 thru 15 and fract. Lot 16, Block 9; fract. Lot 8, Lots 9 thru 13 and fract. Lot 14, Block 10; fract. Lot 14 and 15, Block 11, all in Browndale Park Addition. 17.CONSTRUCTION OF STREET IMPROVEMENT NO. BA-259. District description: LINCOLN DRIVE FROM VERNON AVENUE TO LONDONDERRY DRIVE. The area proposed to be assessed is as follows: Gleason Third Addition; Lot 1, Block 1, Gleason First Addition; Lot 11, Block 4, Gleason Second Addition; Lots 1 thru 3, Block 1; Outlots A & By Gleason Fifth Addition; Lots 1, 2, 10, Block 1, Viking Hills Addition; Lot 1, Block 1; Lot 12, Block 2, Viking Hills 2nd Addition; Lots 1 and 13, Block 1, Walnut Ridge Addition; Fountain Woods Condominium, Apt. Ownership No. 287; North 426.5 feet of Outlot Cy Walnut Ridge 3rd Addition; commencing at the Southeast corner of Southeast 1/4 of Southwest 1/4 thence North to center line of State Highway No. 169 thence South- westerly along center line to a point 30 feet East measured at right angles from West line of East 1/2 of Southeast 1/4 of Southwest 1/4 thence South to South line thereof thence East to beginning ex road, Section 31, Township 117, Range 21(31- 117-21-34-0002); Lots 1 thru 8, Block 1, Hanson-Martinsen 1st Addition; Lots 1 thru 3, Block 1, Crosstown Hill; Lots 1, 5, 6, 13, 14, Block 1, The Habitat; Edina West, A Condominium-Apt. Ownership No. 29; That part of the West 824.94 feet of the Southwest quarter of the Southwest quarter, Section 31, Township 117, Range 21, Hennepin County, Minnesota, lying South of a line extending from a point on the West line of said Southwest quarter of the Southwest quarter distance 529.68 feet North from the Southwest corner of said Section 31 to a point on the East Iine of the West 824.94 feet of said Southwest quarter of the Southwest quarter distance- 528.12 feet N orth, measured along said East line from the South line af said Section 31; which lies Northeasterly of a line drawn parallelwTth and 40.00 feet Northeasterly from the following described line: of Section 6, Township 116, Range 21; thence South 87 degrees, 24 minutes, 02 seconds E5st (assuming the West line of the Northwest quarter of said Section 6 as bearing North 4 degrees, 19 minutes, 05 seconds West) a distance of 693.43 feet to the beginning of the line to be described; thence North 46 degrees, ,21 miqutes,' 27 seconds West a distance of 648.13 feet; thence Northwesterly along a tangential' curve to the right.having a radius of 954.93 feet a distance of 200.00 feet and there terminating (31-117-21-33-0414); Manor Homes of Edina, Condominium-No. 294; That part of Tract A lying Southeasterly and Easterly of Registered Land Survey 1378 ex road, Registered Land Survey 1145 (31-117-21-32-0002); Tract A, Registered Land Survey 1378 (31-117-21-32-0003); Tract By Registered Land Survey 1378 (31-117- 21-32-0004). 18. CONSTRUCTION OF STREET IMPROVEMENT NO. BA-260 VERNON AVENUE FROM GLEASON ROAD TO LINCOLN DRIVE; Lots 1 thru 4, Block 1, ' Commencing at the Northwest corner District description: The area proposed to be assessed is as follows: GOLF TERRACE FROM WOODDALE AVENUE WESTERLY 2100 FEET?. Lots 1 thru 6, Block 1; Lots 1 thru 6, Block 2; Lots 1 thru 7, Block 3; Lots 1 thru 7, including adjacent part of Concord Avenue vacated, Block 4, Hansen and Parks First Addition; That part of Lot 1 lying West of a line running at right angles from North line of 19-028-24 at .a point distance 135 feet West from Northwest corner Lot 1, Block 3 including part of streets vacated, ex street, Block 2; That part of Lot 1 lying East of a line running South at right angles from the North line of 19-028-24 at a point distance 135 feet West from the Northwest corner of Lot 1, Block 3 including that part of adjacent street lying West of West line of Lot 1, Block 3, extended Southerly; Lot 2, except street, Lots 3 and 4, 8 and 9, Block 2; Lots 1 thru 4, Block 3; LO~S 2 and 3, Block 4, Golf Terrace Heights Addition. 7/16/84 19. CONSTRUCTION OF GRADING IMPROVEMENT NO. C-140. District description: CUL DE SAC. The area proposed to be assessed is as follows: Lots 1 thru 5, Block 1, Braemar Hills llth Addition; South 148.6 feet of North 981.6 feet of the \Jest 224 feet of Southeast 1/4 of Southwest 1/4, Section 8, Township 116, Range 21 (08-116- 21-34-0005); Lot 1, Block 1, Warren Hanson Addition; Lots 1 and 2, Block 1, Ninsor Addition. First payment of these assessments will be payable with the taxes for the year 1984 collectible in 1985. same rate for one year on all unpaid installments. assessed for the above improvements may pay the whole of the assessment without interest to the City Treasurer on or before November 15, 1984, or make payment with accrued interest to the County Treasurer. the District Court pursuant to Minnesota Statutes, Section 429.081, by serving notice of the appeal upon the Mayor or Clerk of the City of Edina within thirty (30) days after the adoption of the assessment by the City Council, and by filing such notice with the District Cdurt within ten (10) days after service upon the Mayor or Clerk. However, no appeal may be taken as to an assessment unless a written objection signed by the affected property owner is filed with the Clerk of the City of Edina prior to the hearing or presented to the presiding officer at the hearing. Pursuant to Minnesota Statutes, the City of.Edina has adopted standards and guide- lines for deferring special assessments against homestead property owned by persons 65 Years of age Or older for whom payments would be a hardship. To obtain deferment, application must be filed with the City Assessor's office by the close of business on the last business day before the City Council meeting set out in the first paragraph of this notice. For further information and application forms, please call or visit the City Assessor's office. 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 : Resolution adopted. MARTH COURT FROM WEST 78TH STREET NORTH TO To each subsequent installment will. be added interest at the I The owner of the property Any owner may appeal the assessment to Bredesen, Richards , Schmidt , Turner, Courtney HENNEPIN COUNTY COMMUNITY ACTION AGENCY DISCUSSED. Member Turner advised that the Hennepin County Board of Commissioners had recently passed a resolution indicating its intent to designate a Community Action Agency for suburban and rural Hennepin County. Comment from the public and municipal officials will be received through August 14, 1984. Human Services Council, was present to give some background information on the subject. Minneapolis, is proposed to be included in the area served by the Agency. They also designated a commission to set up an interim board for the purpose of initiating the Community'Action Agency and establishing by-laws. The Agency would be the means through which a pool of Federal funds are distributed to low income people. shall consist of 27 members: nine elected officials, nine private section representa- tives, and nine low-income persons. the information provided regarding the Community Action Agency and to take, possible action at the Special Council Meeting scheduled for Monday, July 23, 1984. She stated that Robert Emerson, an appointee to South Hennepin Mr. Emerson advised that all of Hennepin County, except for the city of The Board Following discussion, it was agreed to review - JOINT COUNCIL/COMMUNITY DEVELOPMENT AND PLANNING COMMISSION MEETING DISCUSSED. -- Member Schmidt commented that she would like to have the Council meet with the Com- munity Development and Planning Commission to discuss the controversial issues that have come before the Council and will likely continue to appear on agendas, so that the Commission would understand the logic used by the Council Members in making their decisions. Commission members for their efforts whenever the occasion arose. DISEASED TREE REMOVAL DISCUSSED. diseased trees, stating that he has received calls from residents who were concerned that diseased trees were not being removed promptly. a tree is identified as diseased, the ground is treated with a chemical to stop root grafting. 14 days in order for the treatment to be effective and to insure that the chemical is absorbed by the diseased tree. are standing which are marked as diseased. 1 I Mr. Rosland stated he felt it was important that the Council thank No action was taken. Member Bredesen asked for an update on removal of Mr. Kojetin explained that when The diseased tree is isolated and must remain standing for a period of . He noted that as of this date approximately 40 trees No action was taken. VIRGINIA SHAW APPOINTED AS CDPC REPRESENTATIVE TO THE EDINA PARK BOARD. advised that Leonard Ring, who has been the CDPC representative to the Edina Park Board, is unable to continue in that position due to health problems. Mayor Courtney Mayor Courtney 7/16 / 84 103 suggested that Virginia Shaw be appointed as CDPC representative to the Park Board. He added that Bill Lewis, chairman of CDPC, also recommends Mrs. Shaw. Mayor Courtney then moved that Virginia Shaw be appointed as CDPC representative to the Edina Park Board. Motion was seconded by Member Schmidt. Ayes: Bredesen, Richards, Schmidt, Turner, Courtney Motion carried. LONG RANGE PLANNING/FIRE DEPARTMENT DATA NOTED. attention to a memorandum prepared by the Director of Public Safety regarding long range planning for the Fire Department, and also a Fire Service Delivery Report' prepared by a Local Affairs Task Force of the Greater Minneapolis Chamber of Commerce. He asked the Council Members to review the data and to call Nr. Buresh if they had questions. No formal action was taken. Mayor Courtney called the Council's CITY MANAGER'S SECRETARY INTRODUCED. Mr. Rosland introduced Susan Wohlrabe, advising that as secretary to the City Manager she would also serve as Acting City Clerk in the City Clerk's absence. LUTHERAN CHURCH OF THE MASTER APPROVED AS POLLING PLACE FOR PRECINCT 18. As recommended by the City Clerk, Member Schmidt introduced the following resolution and moved its adoption: RE SOLUTION BE IT RESOLVED by the Edina City Council that the polling place for Precinct No. 18 in the City of Edina be changed from the Southdale Y.M.C.A. to the Lutheran Church of the Master, 7128 France Avenue South. Motion for adoption of the resolution was seconded by Member Turner. Rollcall: Bredesen, Richards, Schmidt, Turner, Courtney Resolution adopted. 1983 AUDIT REPORT FOR CITY OF EDINA PRESENTED. of Edina was presented by Mr. Dalen for Council's review. that a synopsis be given the Council. The 1983 Audit Report for the City Member Bredesen asked No action was taken. CLAIMS PAID. Motion of Member Schmidt was seconded by Member Turner for payment of the following claims as per.Pre-List dated 7/16/84: Park Fund $16,585.99, Art Center $6,891.91, Swimming Pool Fund $16,838.14, Golf Course Fund $21,942.29, Recreation Center Fund $953.13, Gun Range Fund $184.63, Waterwork Fund $10,161.53, Sewer Rental Fund $1,090.63, Liquor Dispensary Fund $104,144.01, Construction Fuad $116,797.06, IMP Bond Redemption #2 $7,561.96, Total $418,033.89. General Fund $114,882.61, There being no further business on the agenda, Mayor Courtney declared the meeting adjourned at 9:53 p.m. City Clerk ...