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HomeMy WebLinkAbout19740225_regular63 MINUTES OF THE IG3GULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON MONDAY , FEBRUARY 25 , 1974 0 CK, m w w Answering rollcall were Council Members Courtney, Johnson,Schmidt, Shaw and Nayor Van Valkenburg. Boy Scouts from Troup 62 were presented and welcomed. MINUTES of February 4, 1974, were approved as corrected by motion of Councilman Courtney, seconded by Councilman Johnson and carried. The correction was that Edina would participace in an appeal of the Court's decision upholding the Hetro- politan Sewer Board Service Availability Charges at a cost not to exceed $2,000. SPECIAL SCHOOL DISTRICT NO. 273 ELECTION OF MARCH 19, 1974, DISCUSSED. Mayor Van Valkenburg presenfed Dr. John Hoyt of Independent School District No. 273 School Board, who presented the following referendum to be referred to voteis on March 19, 1974: "Shall Independent School District No. 273 (Edina) increase its tax levy permitted by Sec. 275.125, Subd. 2a(l) and (2) by four mills multiplied by the most recent assessed valuation of the school district ($266,030,192 for the year 1973), which will result in a yield (tax increase) of approximately $1,064,120 to be collected in 1975? Dr. Hoyt's presentation was followed by statements and questions from Council members, Dr. Charles Baranaukas, 6808 Iroquois Circle, Mrs. Robert Bennett, 5612 Concord Ave., Mr. Jack Yarger, 6020 Arbour Ave., Mrs. Adelle Olson, 6825 Oaklawn Ave., Mr. George C. Hite, School Board Member, and Mr. Robert Foster. Following the question and answer period, the School Board adjourned to the Conference Room to complete its meeting. PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearings were conducted and action taken as here- inafter set forth: A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IN THE FOLLOWING : (P-BA- 198) Brookview Avenue from West 58th Street, South and Uest to West 59th Street cul-de-sac Mr. Dunn presented total estimated construction cost at $25,884.32, proposed to be assessed against 1,558.47 estimated assessab'le feet at $16.61 per assessable foot, advising that the improvement will include a 70 foot diameter cul-de-sac proposed to be constructed on I?. 59th Street. Mr. Robert Bergren, 5844 Brook- view Ave. , said that the cul-de-sac along I?. 59th Street would encourage parking in the park area and suggested that the cul-de-sac be constructed at the end of Brookview Ave. that serves Oaklawn Ave. properties also. Mr. Bergren added that the improve- ment would not improve the appearance of his property. possibility of installing curb and gutter at a later date, along with the idea of eliminating concrete curb and gutter-and using a bituminous curb instead. Mr. Bergren also said that he does want 187. 59th Street paved. Mr. I. 14. Learn, 5901 Oaklawn said that.if the improvement does not extend down W. 59th Street, he would have much more snow to plow to get out of his property. Discussion ensued as to the matter of plowing the cul-de-sac and the inability of fire trucks to turn around. Mr. Kenneth Rosland, Director of Parks and Recreation, said that construction of curb and gutter along the -park would be preferable for better park maintenance. Following considerable discussion, Councilman Johnson's motion was seconded by Councilman Courtney and carried that the matter be continued to March 4, 1974, so that property owners could meet with Mr. Ros- land and Mr. Dunn to see if a satisfactory agreement could be reached. East Frontage Road Highway 100 from Payton Court to Vest 66th Street and Sherwood Avenue Mr. Dunn pointed out that W. 59th is a public street He also suggested the B . CONSTRUCTION OF WATERMAIN IMPROVEMENT IN THE ~OLLOVIHG : (I?-F?M-287) Mr. Dunn presented presented total estimated constructidn cost at $20,995.63, proposed to be assessed against 7 assessable lots at an estimated cost of '$2,999.38 per assessable lot. Mr. Dunn said that the improvement is complicated by the fact that this area will be altered somewhat at the time T.H. 100 will be rebuilt. negotiating to acquire portions of all of the affected properties. the City is proposing to install the watermain in the properties that the State is acquiring, so that it will be out from under any future construction that the State would do. seconded by Councilman Couktney and carried continuing the hearing to April 1, 1974. Nr. Otto Byhre, 6705 Normandale Road, voiced his support of the motion. Mayor Van Vallsenburg advised Council of a call from Mr. Richard T. Cox, 6601 Normandale Road, who said that he had paid a consumer deposit. He added that the State Highway Department is now in the process of Mr. Dunn said As recommended by Mr. Dunn, Councilman Johnson's motion was Mr. Dunn said '! 64 .2/25/74 that there is one property owner at each end of the improvement who have paid consumer deposits and that they will be receiving credit toward the cost-of the improvement. C. CONSTRUCTION OF SANITARY SEWER INJ?ROVEEIENT AND APPURTENANCES IN THE FOLLOW- IXG: (P-SSA313) IJest 65th Street from 150' 2 west Df Drew Avenue to 435' 2 due west; thence south~~esterly 165' -& thence westerly to 250' kk?est of France Avenue; thence southerly to existing trunk sewer manhole. from Barrie Road to Xemes Avenue. 21r. &nn presented total estimated construction Cost of t~0 sanitary sewer relief lines showing estimated project cost at $305,681.52, Proposed to be assessed against 2,034.80 estimated number of assessable SAC units at . . $150.2268 per unit. The proposed.assessment is to be made over the benefited area using a formula based on contributions of flOk7 to the system. Nayor Van Valkenburg said, fm the record, that the hospital has indicated its support. Nr. Jack Rice, representing Dayton Development, said that his company favored the improvement. No further discusaion being heard, Councilman Courtney's motion authorizing the improvement was seconded by Councilman Johnson and car- ried. D. CONSTRUCTION OF PORTLAND CEMENT CONCRETE PAVING IN TH3 FOLLOWING:, (P-E-29) Also Correcting floxgage easterly (See Resolution Ordering Improvement later in Minutes.) Creek Valley Road cul-de-sac at East side of Edina-West High School property Nr. Dunn presented total estimated construction cost at $6,497.55, proposed to be assessed in full against the Edina School District No. 273. No objections were heard and none had been recezved prior thereto. motion was then seconded by Councilwoman Schmidt authorizing the improvement. (See Resolution Ordering Improvement later in minutes.) E. CONSTRUCTION OF IIEDIAN CUTS IN THE FOLLOWING: (P-A-173) Valley View Road for Southdale Office Centre Building No. 4 Nr. Dunn presented total estimated project cost at $14,400.74, proposed to be assessed in full against Southdale Office Centre Building No. 4. In response to a question of Council as to a possible inconsistency with a decision on a median cut for K.31.S.E Television, Mr. Dunn pointed out that this median cut had always been planned and had been recommended by Barton Aschman Associates, Inc. Centre. Mr. Pi~kliur Nelson, 6628 Brittany Road, objected that such curb cuts would present a traffic hazard. ~ Following considerable discussion, Councilman Johnson said that he could see no other alternative. He thereupon offered the following resolution and moved its adoption: Councilman Courtney's He added that there vas no alternative route to getting into the Office l33SOLUTION ORDERING IM?ROVEMENTS SANITARY SEWER IIIPROVEMENT NO. SS-313, STEEET IMPROVEBENT NOS. E-29 AND A-173 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 porposed to be assessed on the following proposed improvements : 1.- CONSTRUCTION OF SANITARY SEWER DSPROVEEIENT NO. SS-313 IN THE FOLLOIIING: Vest 65th Street from $50' 2 west of Drew Avenue to 435' southwesterly 165' -I-; thence westerly to 250' 2 west of France Avenue; thence southerly to existing trunk sewer manhole. easterly from-Barrie Road to Xefxes Avenue 2. CONSTRUCTION OF PORTLAND CEBENT CONCRETE PAVING INPROVEmNT NO. E-29 IN THE FOLLOTJING : Creek Valley Road cul-de-sac at east side of Edina-Nest High School property 3. CONSTRUCTION OF PiEDIAN CUTS Ibb?ROVElJENT NO. A-173 IN THE FOLLOWING: Valley View Road for Southdale Office Centre Building No. 4 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 the cons- truction of said improvements, including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all'subsequent proceedings as follot7s : due west; thence Also cor&ecting flowage No. 1 Above SANITARY SEWER IIIPROVEfYIENT NO. SS-313 No. 2 Above STREET II14E'?10VEEIEhTI EO. E129 No. 3 Above STREET IPPROVEMENT NO. A- 17 3 and the area to be specially assessed for Sanitary Sewer Improvement No. SS-313 shall include Lot 1, Block 1, Southdale Acres; dale Acres; Lots 1 thru 5 incl., Block 4, Southdale Acres; Lots 1 thru 5 incl., Cassin's Outlots; Tracts A, B and C, R.L.S. 81214; Tract A, R.L.S. #1234; Tracts A and B, R.L.S. f'1310; Parcel 5610 and Parcel 5210, Section 29, Town- shiP.28, Range 24; Lots 1 and 2, Block 1, Town Realty's Edina Terrace 3rd Lots l'and 2, Block 3, South- 2/25/74 65 &- Q 00 83 w 1 9 Addition; Lot 1, Block 2, Town Realty's Edina Terrace 3rd Addition; Lots 1 and 2 and 3, Block 1, Cassin's Replat; Lots 1 thru 9 incl., Block 2, Cassin's Replat; Parcel 7600, Section 29, Township 28, Range 24. The area proposed to be assessed for Street Improvement No. E-29 shall include Parcel 1800, South 1/2 of Section 5, Township 116, Range 21. Street Improvement No. A-173 includes Parcel No. 3245, Section 30, Township 28, Range 24. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolution was adoptzd. The area proposed to be assessed for ORDINANCE NO. 811-A47 ADOPTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Pursuant to due notice given, public hearing was conducted and action taken as hereinafter set forth. Nr. Luce prsented the petition for rezoning of Outlot 2, Southdale Office Park, Hennepin County, from PRE-5 Planned Residential District and C-3 Commercial District to PRD-5 Planned Residential District. He recalled that, because of an error in the legal description at the time the rezoning of the property had been approved by Council by Ordinance No. 811-A34, only the green space ease- ment had been rezoned. hearing, as well as all documents, information, surveys and reports presented at that time, would be the same. received approval by the Department of Natural Resources in the fall of 1973. Mr. James Hirsh, 6805 Point Drive, President of the Homeowners' Coalition, Mr. Arthur Nelson, 6628 Brittany Road, and Mrs. Virginia Scott, 6613 Southcrest Drive indicated that they had not changed in their opposition which had been expressed at previous hearings. Village Attorney Erickson said that the developers would have one year from the date of the net7 hearing in which to commence development of the property. Following some discussion, Councilman Johnson said that, although he opposed- this project at the time it was originally approved, he did not believe that Council should stand on a technicality. Councilmag Couffney then offered the ordinance for First Reading, with waiver of Second Reading and moved its adopt- ion with the understanding that all documents, information, surveys and reports presented at the meeting of June 18, 1973, in connection with this property are incorporated into this motion and hearing by reference and made a part hereof: He advised that the plans presented at the previous He recalled also that the proposal had In reply to a question of Councilman Johnson, ORDINANCE NO. 811-A47 AN ORDINANCE &ENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED RESIDENTIAL DISTRICT (PRD-5) TJ3E CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto: "The extent of the Planned Residential District (Sub-District PRD-5) is enlarged by the additioL of the following described property: Outlot 2, Southdale Office Park, Hennepin County." Sec. 2. and publication. Motion fo; adoption of the ordinance was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the ordinance was adopted. response to a question of Council, Zhe attorney representing the Ericksons advised that the Erickson sons are now the developers who are joint venturing the project with another group. Paragraph 4 of Section 5 of Ordinance No. 811 of the City is This ordinance shall be in full force and effect upon its passage In NOTOR STREET VACATION CONTINUED INDEFINITELY. As recommended by Mr. Dunn, Councilman Courtney's motion was seconded by Councilman Shaw and carried continuing the vacation of that part of Motor Street described as follows indefinitely: That part of Motor Street lying between the Southerly extension of the West line of Lot 2, Block 4, Arden Park Third Addition, and the North- erly extension of the East line of the West 191 feet of Lots 27 and 28, Brook- side Terrace * WORIWN' S COMPENSATION INSURANCE AWARDED. Mr. Dunn presented tabulation of bids received in response to Advertisement for Bids published in the Edina Sun on January 24, 1974, from Brandow, Howard, Kohler and Rosenbloom, Inc., Roger Hennessy Agency, Inc., M. E. Lane, Inc., Mutual Agency, Schadow Agency, P. M. Endsley Company, Chalgren-Dah1 AgencyY-N6rdstrum-Larpenter Agency, Marquette Agency, and Employers Insurance of Wausau. Councilman Johnson's motion was seconded by Councilman Courtney and carried awarding 17orkmen's Compensation insurance to Employers Insurance of t7ausau for lietro, Elan D 11. AS recommended by Hr. Dalen, AIR CONDITIONING CONTRACT AWARDED TO GENERAL SHEET METAL.. Mr. Dunn presented tabulation of four bids for City Hall Air Conditioning as follows: General 66 2/25/74 She t Netal t $32,600.00 Thomas Air Conditioning, $34,574.00; H. konrad $Ianufacturing, $34,127 .OO; Domestic Mechanical, $35,015 .OO, against estimated cost of $30,000. Councilman Courtney's motion was then seconded by Council- woman Schmidt and carr-i-ed for award to recommended low bidder, General Sheet Metal. CITY HALL ELECTRICAL WORK BIDS APPROVED. Mr. Dunn presented tabulation of bids t'ece5ved fofielectrical work for the Edina City Hall. Hr. Dalen recommended that the City staff purchase materials direct. He presented tabulation of bids Tihich showed United Electric low bidder for materials and fixtures at $1,862.09. Edina Electric was low bidder for labor at $4,398.00 and at $1,638.00 for 1,000 amp service. Electric and Northland Electric. Council Johnson's motion was seconded by Councilman Shaw and carried, awarding the contract for labor and 1,000 amp service to Edina Electric and materials to United Electric as recommended by , Hr. Dalen. I Others submitting bids were Pierson TJilcox Electric, Industrial CONSTRUCTION OF FUEL STORAGE TANKS BID A17ART)ED. bid received €or construction of Lnc., in the amount of $17,199.00. to Pump and lleter Service, Inc., as recommended vas seconded by Councilwoman Schmidt and carried. Nr. Dunn presented the only fuel storage tanks from Pump and Meter Service, Councilman Shaw's motion awarding contract GRANDVIEW LIQUOR STORE REMODELING CONTRACT CONTINUED. Dalen, consideration of bids for remodeling the Grandview Liquor Store was continued to Narch 4, 1974, by motion of Councilman Shaw, seconded by Council- man Johnson and carried. VALLEY VIEW ROAD CUL-DE-SAC REFERRED TO NEIGHBORHOOD CONNITTEE. Mr. Dunn called Council's attention to a letter from Elr. Darrell H. Boyd, 7204 Shannon Drive, in which Blr. Boyd suggested th?t Valley View Road be cut off from County Road 18 hetween Sally Lane and McCauley Trail. Councilman Johnson recalled that Council had approved the report of the Committee only in principle and directed that Mr. Dunn work out a meeting with Blr. Boyd and a group from the Indian Foothills Association.and from residents in the immediate area. ICRAHL HILL TREE .REMOVAL DISCUSSION CONTINUED TO MARCH 4, 1974. Council's attention to a letter from Mrs. Carolyn Dencker, Vice President of Viking Hills Homeowners Association, which stated that Nr. Karl Krahl is tag- ging and cutting trees on Krahl Hill, even though only Preliminary Approval has been given for single family'development. Nrs. Dencker had urged that Council request that no destruction take place on the hill before a "solid approved committment for construction has been granted'!. the record if 1) Mr. Krahl, with only Preliminary Approval, of his plat can start construction of the road or if construction should be delayed until plans have been finally approved; mentation, and if so, has this been approved by the Environmental Quality Com- mission; road'for the proposed multiple plan presented by llr. Gittleman seem to be in the same location; unfair advantage over residents of the community; 5) since Nr. Krahl is not the owner or taxpayxon record and since taxes are in arrears on the property, Bas the owner of record consented to removal of the trees and construction of the road-at this time. Mr. Dunn said that the minutes did indicate that the grading plan, the street profile and lot grading would be reviewed by the City but added that there is no way the hill can be developed into twenty single family building lots without destroying 213 of the natural veggtation. reply to a question of the Council, Mr. Erickson said that, at present, the only law available is the Minnesota Environmental Bill of Rights which allows prevention of private action on private property if it has an off-site effect. He pointed out that it is an action available to municipalities, private parties or homeowners' associations; but that violation of the statute would have to be proven. Nr. ,EricIcson advised that the Environmental Quality Com- mission is presently reviewing an ordinance which would prohibit indiscrimin- ate tree cutting which would give limited control over removal of trees on the hill. Nr. Erickson added that Ordinance No. 821 prevents excavation pits without permits and Hr. Kxahl, therefore, could not excavate unless he hadan approved plat with a subdivision agreement. I&. Krahl that he needs final plat approval or a mining permit and an excava- tion permit from the Nine Mile Creek TJatershed District. request that the Clerk provide Council with a verbatim minutes of the August 20, 1973, Preliminary Plat Hearing was noted along with his suggestion that Mrs. As recommended by Blr . Mr. hnn called The letter asked for 2) if Mr. Krahl has provided the City with docu- 3) iseit planned that the road on the single-family plat, and the 4) Does Nr. Krahl ha& information which would give him In llr. Dunn said that he had advised Councilman Johnson's "-~ ____- .._- , . . . .I . . . . . . .... _. I.--. .. ....,_I . I .dZna City of - 4801 WEST FIFTIETH STREET EDINA. MINNESOTA 55420 927-886 1 RES OLUT I or? VHEPEAS, the City of Edina has adopted Ordinance No. 112-AI which authorizes the election in 1976 of three Council members and, one ?4ayor, and also authorizes the staggering of the terms of Council. members with the two receiving the highest number of votes to serve a term of four years and the one receiving the third highest number of votes to serve a tern of two years; and 'XHEREAS , the ized, though fJ€EREAS , the and staggering of those terms is not specificalPy author- it is im?liedly allowed.by the State Statutes; and Xayor can yet be elected for a tern of ody two years; 'VJHEXEAS, it is desirable to clearly authorize the stagger&g of the 'Council's terms and to authorize the Hayor to serve a four year tern: XOW, THEREFORE, i3E IT ?ZS!ILED by the City ComyiL of the City of . Edina that the ayplicable State Statute be amended to specifically authorize the staggering of Council members' terms in the manner set ' ' forth in Edina Ordinance No. 112-Al and to authorize the Mayor to be elected for a four year tern. . STATE OF MITNESOTA ) CObXTY OF HEITNEPIN ) SS CITY OF EDINA 1 CERTIFICATE OF CITY CLEX I, the undersigned duly aipointed and acting City Clerk for Che City of Edina, do hereby certify that the attached and foregoing resolu- tion was duly adopted. by the Edina City Council at its meeting of Feb. 25, 1974, and as recorded in the Minutes of said meeting.. 2/25/74 Dencker's questions be answered in a letter. man Johnson's motion that the matter be continued to March 4, 1974, was then seconded by Councilwoman Schmidt and carried. Following some discussion, Council- ACTING MANAGER APPOINTMENT CONFIRMED. Acting Manager in the absence of Mr. Hyde, was confirmed by motion of Council- The appointment of Mr. Robert Dunn as man Courtney, seconded by Councilman Johnson and carried. TRAFFIC SAFETY COMMITTEE MEETING MINUTES OF FEBRUARY 13, 1974, APPROVED. EDINA COURT PARKING DISCUSSED AT LENGTH. As recommended by the Traffic Safety Com- mittee, Councilman Johnson offered the following resolution and moved its adoption : BE IT RESOLVED that.the Edina City Council request the Minnesota Department of Highways to install manual signal control devices on the traffic signals at the intersection 0f.T.H. 100 and Valley View Road. resolution v7as seconded by Councilman Shaw'and'carried on rollcall, 0i)fscussion ensued relative to a letter from property owners on Edina Court which was sent to the Traffic Safety Committee which urgently requested that some change be made to alleviate the "serious parking problem in front of our homesgE. Mrs. B. E. Taylor, 8 Edina Court, told of conditions caused by church parking in front of homes on Edina Court which prevented adequate snowplowing , blocked driveways and caused negative comments from prospective home buyers. She requested the installation of "No Church Parking" signs on the street. An unidentified lady in the audience referred.'to a maintenance truck belonging to the church which parks on Edina Court, even though they have complained to the church. Council- man Courtney mentioned the action taken by the Traffic Safety Committee in which it recommended a discussion of the parking problem with St. Stephens. Church staff members and proposing as an alternate parking facility the parking lot adjacent to the Edina pump house and tennis courts in Utley Park,-since the Traffic Safety Committee would prefer to resolve the parking problem without imposing on-street parking restrictions. Mrs. Taylor said that she did not believe, -in view of past events, that this action would be successful. Mr. Kenneth Rosland suggested use of a City-owned lot on the Northeast corner of Wooddale Ave, and 50th Street. Mrs. Taylor said that she did not believe that would be acceptable, even if adequate screening were provided. Following considerable discussion, Councilman Courtney's motion was seconded by Council- man Johnson and carried that the Traffic Safety Minutes be approved, including the resolution regarding the installation of manual signal control devices on the traffic signals at the intersection of T.H. 100 and Valley View Road, and with the understanding that Captain Merfeld will talk to St. Stephens Church personnel to see if agreement can be reached for use of other parking facilities by the church, and that, if problems still exist after thirty days, some other action will be taken. Councilman Shaw left the meeting at this point. RESOLUTION Motion for adoption of the UNITED 2ELEVISXON, INC. (K.M.S.P. TELEVISION) SUIT NOTED. Mr. Erickson called Council's attention to the suit of United Television, Inc. (K.M.S.P. Television) in which the City's refusal to provide a median cut for a U-turn from the cious and unreasonable". - . South bound lane of York Ave. at I?. 70th Street was termed "arbitrary, capri- NOTICES OF CLAIMS were brought to Council's attention for Walter McLaughlin, Mary K. Gochie and~David K. Cassidy. The matters have all been referred to the insurance company and to the City Attorney. MINNEHAHA CREEK WATERSHED DISTRICT EZGISWYION ENDORSED. Mr. Dunn called Council's attention to a letter from ~r. Larry Icelley requesting support of special legislation 'for the Minnehaha Creek Watershed District. some discussion, Councilman Johnson offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council support special legislation relative to Minnehaha Creek Watershed District known as Senate File 2870, which will increase the Administrative Levy to $125,000, and Senate File 2961which pertains to the Water .lJays Maintenance Levy. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were four ayes and no nays and the resolution was adopted. Following RESDLUTION CLUB LIQUOR LICENSES APPROVED for 'i974/75. Councilman Courtney's motion was seconded by Councilman Johnson and carried for approval of Club Liquor Licenses far Interlachen Country Club and Edina Country Club for the year 1974/75. 68 , 2/25/74 MINNESOTA HIGHWAY DEPARTMENT SIGNAL AGREEMENT CONTINUED to March 4, 1974, by motion of Councilman Courtney, seconded by Councilwoman Schmldt and carried. SUPERAMERICA OFF-SALE BEER LICENSE APPROVED. Councilman Johnson's motion was seconded by Councilman Courtney and carried for transfer of an Off-sale Beer License'to new management of Superamerica at 5205 Vernon Ave. BICENTENNIAL COlBlISSION TO BE ESTABLISHED. Councilman Johnson's motion was seconded.by Councilman Courtney and carried authorizing the Historical Society to act as an impetus to form an American Revolution Bicentennial Commission and recommend names of members to Council for approval. As recommended by Mr. Rosland, SAL% OF ROBERTS PROPERTY CONTINUED TO APRIL 1, 1974. Nr. Erickson advised Council that Our Lady of Grace Church is not anxious to purchase the Roberts property under the conditions offered by the City, under which Edina would retain the roadway easement over the Balfanz property. church has indicated that it wants to have control over the development of the property. Mr. Erickson clarified that purchase agreements have been drafted by the church and by the City but that nothing has yet been signed. gested by Council that the church be told that the only alternative to its pur- chase of the property subject to conditions set forth by the City would be that the tentative buyer of the Balfanz property should come in with a plan which would be satisfactory both to the City and to ttrd church. of a satisfactory plan, the easement would be relinquished. of Brokers Exchange said that the prospective buyer of the Balfanz property had indicated that he could not bring in a plan in the immediate future, but that he should be able to bring in a conceptual plan that would exclude the easement from the middle of the property within thirty days. son's motion was then seconded by Councilwoman Schmidt and carried that the matter be continued until April 1, 1974. He said that the It was sug- Upon receipt 11s. Helen Brooks Councilman John- OUTLOT B, SOUTHDALE YORK ADDITION ACCEPTED FOR PUBLIC ROAD EASEMENT. As recom- mended by Nr. hnn, Councilman Johnson offered the following resolution and moved its adoption, accepting Southdale Circle (Outlot B, Southdale York Addi- tion) from Dayton Development as a pu%licl street: RESOLUTION BE IT RESOLVED that the Edina City Council hereby accepts the dedication of Outlot B, Southdale York Addition for public street purposes. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. SENIOR CITIZENS HIGH RISE COMMUNITY CENTER CONTRACT REFERRED TO ATTORNEY. Rosland recommended that the Senior Citizens' High Rise Community Center Contract under which Edina Senior Citizens would be allowed to use the Yorktown High Rise facilities be referred to the City Attorney for review. Councilman Johnson's motion approving the request of Mr. Rosland was 'then seconded by Councilwoman Schmidt and carried. Mr. SENIOR CITIZENS'HIGH RISE CHAIRS TO BE PURCHASED. As recommended by Mr. Ros- land, Councilman Courtney's motion authorizing expenditure of $1,200 .OO for 200 chairs from General Office Products was seconded by Councilwoman Schmidt and carried. Mr. Dalen mentioned the need for contributions for the facility. FRANK LTJNDEERG POST 282 BINGO LICENSE RENETJED FOR SIX MONTHS. Courtney's motion was seconded by Councilman Johnson and carried approving the renewal for another six months of the Frank Lundberg Post 282 Bingo License at the Edina American Legion Hall. Councilman $ERROR LAKES PLAT #2 FINAL APPROVAL CONTINUED TO MARCH 4, 1974. Mr. Luce pre- sented Mirror Lakes Plat #Z. for final approval but pointed out that a 100 foot easement required by the City had not been received and recommended that the plat be held until the required documents have been received. representing Rauenhorst Corporation, urged that the plat be approved subject to receipt of the easement. Nr. Ray Drake, Following considerable discussion, Councilman John- son assured Mr. Drake that the plat is approved in principle that the matter be continued to the March 4, 1974, meeting. onded by Councilwoman Schmidt and carried. COUNCILMAN COURTNEY APPOINTED MYOR PRO TEM. As recommended burg, Councilman Courtney was appointed as Mayor Pro Tem for and then moved Motion was sec- by Mayor Van Valken- the year 1974. 2/25/74 69 ATTENDAbJCE REQUIREEBhTS TO BE IIADE FOR ALL COI4MISSIONS AIiD CCvI?WS. Mayor Van I Vallcenburg recalled that the Planning Commission and Park Board have a require- ment that three consecutive absences or four absences in any one year are automatic groudds..€or removal of a member. be made uniform for all committees and boards. Councilman Johnson's motion was then seconded by Councilwoman Schmidt and carried that ordinaxes estab- lishing all boards and committees be amended to reflect that three consecutive absences or four absences in any one year would be grounds for removal from the committee without any further action by the Council. He recommended that this provision BOAPD AND COIGiISSION IIEIBERS APPOINTED. Councilman Courtney's motion was seconded by Councilman Johnson and carried for the following appointments: Courtney, Council Representative; Nr. David Runyan, Planning Commission Repres- entative, Mr. Lawrence Rixe and Mr. Frederick K. Hauser, Jr., Alternate. These appointments were made with the understanding that any member of the Council or Planning Commission could serve as an alternate member in the absence of the regular appointed member; Erickson and George C. Hite for terms to expire 2/1/76, Councilwoman June Schmidt (replacing Mayor Van Valkenburg) and Mrs . Sue Bonoff (replacing Mr. Richard Nissen) for terms to expire 2/1/75; Messrs. Quint A. Collins and Eugene P. Palmer for terms to expire on 2/1/77. Mrs. Heredith Hart, Chairman of the Human Relations Commission, asked about the appointment of a secretary for her commissim. that he wuld check on this question. Planning Commission whose terms are expiring had indicated that they would like to continue to serve. As recommended by Mayor Van Valkenburg , Board of Appeals and Adiustments - Councilman South Hennepin Human Services Council - Messrs. Kirby Building Construction Codes Commission - Mayor Van Valkenburg said Mr. Luce reported that all members of the ORDINANCE NO. 802-A1 ADOPTED ON SECOND READING. Councilman Courtney offered the following ordinance €or Second Reading and moved its adoption, noting that since First Reading, the membership has been changed to nine: ORDINANCE NO. 802-A1 AN ORDINANCE ANENDING ORDINANCE NO. 802 DELETING REFERENCE TO A NON-VOTING SCHOOL BOARD MEXBER OF THE PLANNING COMMISSION Section 1. Planning Commission Membership. ' THE, CITY COUNCIL OF THE CITY OF EDINA, E.IINNESOTA, ORDAINS: Section 2 of Ordinance 802 is hereby amended to read as follow: .'%Set. 2. tiembership. .. The Commission shall consist of nine residents of the City appointed by the Mayor with the consent of a majority of the members of the City Council, one of whom shall be a member of the Park Board. Nembers of the Commission shall be appointed in January of each year to serve for three years beginning on the first day of February in the same year, and the terms of such members shall be staggered so that the terms of two members shall expire in each year. Every member, before taking office, shall take an oath that he will faithfully discharge the duties of his office.b* Sec. 2. and publication. Motion for adoption of the ordinance was s rollcall there were four ayes and no nays ATTEST : This ordinance shall be in full force and effect upon its passage d/ {L,. GDL City Clerk ORDINANCE NO. 112-A1 ADOPTED ON SECOND READING. following ordinance for Second Reading and moved its adoption: Councilman Courtney offered the AN ORDINANCE AMINDING ORDINANCE NO. 112 TO FIX T€E DATE OF THE REGULAR CITY ELECTION, EXTENDING THE TEN4 OF THE COUNCIL MEMBERS F?HO WOULD STAND FOR ELECTION IN 1975, AND PROVIDING FOR STAGGERED TERMS OF THE COUNCIL PIEMBERS ELECTED AT THE 1976 ELECTION THE CITY COUNCIL OF THE CITY OF EDINA, I.II"ESOTA, ORDAINS: Section 1. Section 1 of Ordinance No. 112 is hereby amended to read as follows: Section 1. held biennially on the first Tuesday after the first Monday in Nov- ember in every even numbered year, beginning with the election to be held in 1974. Date of Election. The regular City election shall be Sec. 2. Ordinance No. 112 is hereby amended by adding thereto a Section 2 as follows: 70 2/25/74 Sec. 2. Extension of Terms of Council Nembers and Mayor. The terms of the mayor and the two council members whose current terms will expire in the year when there is no election to be held, i.e., 1975, are hereby extended up to, but not including, the first business day in January, 1977, and those offices shall be filled at the election to be held in 1976. Sec. 3. Ordinance No.ll2 is hereby amended by adding thereto a Section 3 . -__L__ . __ as follows: Sec. 3. Staggering of Terms. Two council members shall be elected at each biennial city election. To effectuate this transition, the one council member to be elected in the 1974 election shall be elected for a term of four years, and, of the three council members to be elected in the 1976 election, the two receiving the highest number of votes shall serve for terms of four years each and the one receiving the lowest. number of votes ;hall serve for a term of two years. There- after, each council member elected shall serve for a term of four years. ' Sec. 4. This ordinance shall be in full force and effect upon its pass- age and publication. Notion for adoption of the ordinance was seconded by Councilman Johnson and on rollcall there were four ayes and no ATTEST : City Clerk TREE CUTTING AND SOIL EROSION 0RDINA;NCES TO BE CONSIDEmD ON MARCH 4, 1974. Being advised by the City Attorney that the Environmental Quality Commission has now reviewed and approved the proposed ordinances on Zree cutting and soil erosion, Councilman Courtney's motion that the ordinances be set for hearing on Ifarch 4, 1974, was seconded by Councilwoman Schmidt and carried. PARK DEPARTltlENT HALF-TON PICI. TRUCK PURCHASE APPROVED. Mr. Dalen presented tabulation of five quotes for the purchase of the Park Foreman's Half-Ton Pickup Truck as follows: Iten Chevrolet Company, $3,183.04; Southdale Ford at $3,278.57; Jordan Ford, Inc., $3,208.00; Baldwin Chevrolet, $3,267.80; Freeway Ford, $3,320.85 to low bidder, Iten Chevrolet Co. at $3,183.04 was seconded by Councilman Court- ney and carried. 8 As recommended by Nr. Dalen, Councilman Johnson's motion for award TOPOGRAPHIC NAPS PURCHASE CONTINUED TO NARCH 4, 1974, as recommended by 3ir. Dunn by motion of Councilwoman Schmidt, seconded by Councilman Courtney and carried. LIQUOR FUND AS OF December 31, 1973, was presented by Mr. Dalen, reviewed and ordered placed on file by motion of Councilman Johnson, seconded by Council- xioman Schmidt and carried. PARK DEPARTMENT CALEHDARS PURCHASE AUTHORIZED. As recommended by Mr. Dalen, Councilman Courtney's motion approving purchase of Park Department Calendars from'Paul Foss Printing for a cost of $3,740.00 was seconded by Councilman John- son and carried. CLAIHS PAID. Notion of Councilman Johnson was seconded by Councilman Courtney and carried for payment of the following claims as per Pre-List: $224,987.73; Construction Fund, $9,320.25; Par, Funds, $14,818.41; Water Fund, $16,908.50; Liquor Fund, $14,793.21; Sewer Fund, $2,628.81; Improvements $833.70; PIR and Poor, $46.60; Total, $284,337.21; and for confirmation of pay- ment of the following claims: General Fund, $16,537.55; Construction Fund, Fund, $50.54; Total, $187,442.97. The Council's agenda having been covered, Councilman Johnson's motion for adjournment was seconded by Councilwoman Schmidt. General Fund, ' $3,750.00; Parks, $853.80; Water Fund, $16.51; Liquor Fund, $166,234.27; Sewer Adjournment at 9:45 p.n. I I Board of Directors Greater Edina Chamber of Commerce Gent lemen : The undersigned, whom you have appointed as a committee to study the feasibility of creating a Housing and Redevelopment Authority for the Village of Edina, respectfully submits its report. This report is not exhaustive in its study of the factors involved; that would require more time and expertise than any of the undersigned possess. Hopefully, the report will, however, present you with a broad overview of some of the problems and areas involved. SCOPE OF REPORT. In determining whether, in the committee's opinion, creation of a Housing and Redevelopment Authority (hereafter referred to as "HRA") for the Village of Edina should be supported by the Greater Edina Chamber of Commerce, the committee is specifically not approving directly or inferentially any plan that may be in the process of submission for the redevelopment and up- grading.of the 50th and France area or any other specific area in the Village. The basis of our inquiry has been that, assuming there is no plan for redevelopment anywhere in the Village at this time, would creation of a Housing and Redevelopment Authority be advisable on general principles? PURPOSE OF AN HRA. Minnesota statutory law authorizes municipalities to create an HRA under Laws 1947, Chapter 487, and commonly cited as the "Municipal Housing and Redevelopment Act" (M.S.A. 462.411 et seq.). To the layman, the connotation is that the .Act applies only to public housing for low-income groups, but this is erroneous. The scope is much larger. In fact, the statutory statement of purpose recites that the Act is to make possible the "clearance, replanning, reconstruction. and neighborhood rehabilitation" of certain urban and rural areas where sub-standard, unsafe and unsanitary conditions exist in buildings and structures "used or intended to be used for living, commercial, industrial, or - other purposes, or any combination of such uses, which by reason of and technological changes, dilapidation, obsolescence, overcrowding arrangement or design of building and improvements , lack of public facilities , ventilation, light and sanitary facilities, excessive land coverage or deleterious land use or obsolete layout, or any combination of these and other factors are injurious to the health, safety, morals and welfare of the citizens of this state, cause an increase and spread of crime, juvenile delinquency, and disease, inflict --' - . blight upon the economic value of large areas, and, & impairing the value of private investments, threaten the source of public revenues while decentralizing communities to areas improperly planned and not related to public facilities, and require many persons of low income to occupy unsafe, unsanitary, and overcrowded dwellings ." (Underlining supplied .) Such Housing and Redevelopment Authorities have been used in the past for updating and revitalizing of commercial areas in other municipalities in the area where ownership is so widely spread that concerted private action is difficult (examples are Minneapolis and Hopkins in the immediate area). using its HRA to redevelop some industrial land, the so-called "Creosote property." Robbinsdale is in the process of formulating a project for redevelopment of a large area of its commercial district under an HRA. St. Louis Park is BASIS FOR NEED. The underlying need for an HRA is based on the fact that the charters of most Minnesota municipalities do not confer power to take the action that is necessary to reverse long-term trends of obsolescence and deleterious land use in specific areas of the municipality. be able to condemn property for use as a street or other public use, but without the creation of an HRA would lack the power to condemn private property as part of a redevelopment program. An HRA would also enable a municipality to restore or acquire properties of historic or architectural value. For instance, a municipality might GENERAL NATURE AND EUNCTION OF AN HRA. Organization. If the creation of the Authority is approved by the 8 Village Council, a five-man commission will be appointed which will serve for rotating terms of five years each. No public officer or employee is eligible to serve as a commissioner, and the commissioners serve without pay except they may receive $25.00 per meeting, not to exceed $1,500.00 per year. Any redevelopment project proposed by the Authority must receive the approval of the municipality's governing authority, which in Edina would require hearing before the Planning Commission and hearing and approval by the Village Council. Cost. An Edina HRA would be authorized to levy up to a 1.1 mill tax. However, in practice, all administrative, planning and engineering costs are assigned to the specific projects and borne by whatever financing method is used. the only tax levy needed would be to defray those initial planning costs assigned to projects which were not approved. Currently, a one-mill levy would produce $312,000.00. Therefore, Assuming the HRA staff would use reasonably good judgment as to the merit of the proposed projects it submitted to the Council, it seems very unlikely that anything more than a small fraction of the authorized levy would ever need to be imposed. It is even likely that in case of small projects involving rehabilita- tion or removal of individual structures, that the specific project would be self- financing. Therefore, the tax burden on the City as a whole seems to be either non-existent or nominal. SURROUNDING COMMUNITIES . Edina is bound by Bloomington , Richf ield, Minneapolis, St. Louis Park, Hopkins, Eden Prairie, and Minnetonka. All of these municipalities except Eden Prairie and Richfield have created Housing and Redevelop- ment Authorities. Therefore, these municipalities would have power, through the respective local Authority, to undertake revitalization of specific areas. Edina does not have that power. To the extent that revitalization of areas which Edina may share with its neighbors becomes necessary in the future, Edina, having no HRA, -5 - .r u it experience a lack of comparable flexibility in being able to work with its neighboring municipalities, Along this strip are two aging commercial areas, namely, 44th and France and 50th and France, plus a "filling station corneF at 54th and France. In the first two named areas, the majority of the buildings are over 25 years of age, and a substantial number of them are 40 years and older. Edina shares France Avenue with Minneapolis. The France Avenue strip also includes some aging housing, especially along the North end of that strip. other hand, Edina shares one of the most actiye and valuable business areas in the State with Bloomington at the intersection of Highways 494 and 100. shares a smaller service and commercial district with Richfield at 66th and Xerxes. The latter -two are, of course, new areas and still under development. areas are shared with Minnetonka and Eden Prairie, and Hopkins has an industrial area abutting an Edina residential neighborhood. On the It also Industrial 8 SUB-STANDW HOUS MG Dilapidated Housing. The first impression of your committee was that an HRA could have no application in Edina to the eradication of sub-standard housing because none existed in the Village. is no sub-standard housing of which your committee is personally aware, but it did visually observe a very few structures which are even now dilapidated and detrimental to the value of the surrounding real estate. larger number of houses which, from external observation, indicate that in a few years will further deteriorate so as to also unfavorably affect surrounding private investments of real estate. housing, but they do exist. be supported by the 1970 census reports, which show 19 owner-occupied dwellings with market value of less than $10,000 and 141 owner-occupied residences with market values under $15,000. The report also shows 61 units without complete plumbing facilities , that is, hot running water, flush toilet, and tub or shower. While it Basically, this premise is correct. There More important, there are a considerably These houses comprise only a limited sector of Edina Your committee's conclusion in this respect appears to -4- is not fair to conclude that lower-priced dwellings of this nature or even houses which appear dilapidated are necessarily sub-standard, it does appear to be an indication that there is a significant number of housing units that may become "rundown" or dilapidated in the future and have a depressing effect on surrounding property values. In addition, the Edina officials have reported that in the last five years, two or three residences have been condemned as being unfit for habitation. Age of Housing. Your committee did not think it sufficiently helpful to spend the time and effort to classify and collate. the age of Edina homes. visual examination reveals that there are clusters of aging homes in both the Northwest corner and the Northeast corner of Edina. Some of these are small, some are large, and most of them appear to be well maintained. However, thereis no reason to believe that in future years houses and neighborhoods of this age will not begin to experience problems akin to those being experienced by Minneapolis. In other words, while no part of Edina appeared to be comparable to the Minneapolis areas such as Lake Street, Broadway or even Kenwood, neither does there appear to be anything inherent in the Edina community that would prevent these latter types of areas from developing in Edina if nothing were done to combat the inevitable changes in housing patterns and land use caused by the passage of time. Although the problem of abandoned housing does not yet Our 8 Abandoned Housing. appear to be a great problem in the Minneapolis area, and certainly not a problem in Edina, it is a problem in other parts of the country. years to come will inevitably bring this problem to Edina. Robbinsdale reports that that city has used its Housing and Redevelopment Authority as a vehicle for acquiring about 40 structupes, perhaps not abandoned but not functionally suitable for human habitation. must wait until the structure deteriorates to the extent that it can be condemned as being unfit for occupancy. It is likely that the The city planner for Without such a vehicle, the municipality -5- DECLINING FAMILY SIZE. In figures made available through the cooperatio of the Edina School Administration, kindergarten through 6th-grade en&ollment in Edina has declined from 5,521 in the fall of 1970 to 4,808 in the fall of 1973, or approximately 12%. The high school and junior high school enrollments have shown a very slight increase in that period of time, but as indicated by the decrease in the lower grades, the trend in Edina, as well as nationally, appears to be toward smaller families. This trend is almost certain to have some impact on patterns of housing use and occupancy, but the extent and nature is unknown. Presumably the trend could, when coupled with the possible shortage of heating energy, result in lower demand for larger homes and consequent reduction in their values. On the other hand, the trend to smaller families may also create pressures to subject these larger homes to uses which are different from that of a conventional single-family dwelling. ENERGY SHORTAGE. However, a11 suburban land use is subject to the unkno ramifications that may arise from a possible prolonged energy shortage. The living habits and life styles of most Edina residents seem to require two-car families, or at least heavy dependence upon private automobile transportation. be forced to operate its own intra-city bus system. This committee simply lacks the expertise to know how an acute gasoline and energy shortage might affect the demand and use of property in Edina, and it is also unable to determine what additional effect, if any, a municipalIj+operated busline might have on adjacent housing and on commercial areas which have been designed and oriented for auto- mobile use. One apparent result is visible, however, even now, and that is the continued vacancy of a closed, boarded-up gas station at 54th and France Avenue and a similar closed station on 43rd and France on .the Minneapolis side. Edina may LOW-COST HOUSING. housing and social problems of the core cities, neighboring suburbs may be requir It is distinctly possible that in order to meet the in the future to furnish more low-cost housing than in the past. If such a -6- *- -1 requirement did arise, the existence of an HRA would give the municipality more control over planning and creation of such housing than it would otherwise have. The committee does not feel that the mere existence or creation of an HRA wahld 0 make such housing either more or less likely, and the committee takes no position either for or against such housing. ALTERNATIVES. The citizens of no community in the State are probably more committed to private enterprise than those in Edina. For that and other reasons, the concept of an HRA will probably be unappealing to many. mittee has attempted to look at possible alternatives. Your com- Can private enterprise be used? The answer is TTyes,l* if the proposed area or project is under unified ownership and control or if effective cooperation is possible among different owners. In fact, private enterprise is probably the most effective and certainly the most widely used method of development. difficulty arises when the area to be rehabilitated is owned by many different persons owning various-sized parcels. impossible because good planning dictates not only consensus as to the plan, but also often requires elimination or combination of the identity of some of these parcels. The Effective cooperation becomes almost 8 Can rehabilitation be carried out by use of conventional methods of bonded indebtedness and special assessments? If rehabilitation involves installation of municipal services or construction of municipal structures, the answer is again ITyes, it can be." But such improvements are subject to the difficulty of spreading the assessments equitably; also, such assessments, when added to the normal real estate tax load, can create an annual payment greater than the income-producing capacity the property can carry. Furthermore, special assessments of this nature would presumably be part of the bonded indebtedness of the municipality and includible within the meaning of any constitutional or statutory debt limitation or restriction. Bonds issued by an HRA would not be so included. Finally, when -7- I' r- - such assessments are paid by the private owners, they constitute improvements to the premises and are not deductible for income tax purposes as taxes. point becomes important if the improvements are made by an HRA and financed by This latter tax increment financing. following statement as a legal opinion, it appears to the committee that if such Although your committee obviously does not submit the improvements were financed by tax increment financing, the payments would be regarded and identified as taxes and, as such, subject to deduction for income tax purpo se s . Other devices may be available in lieu of an HRA. One of these would be the use of a development corporation under M.S.A. 301.71 et seq. Such a corporation could carry out area rehabilitation, but since it lacks power of eminent domain, its effectiveness would be greatly curtailed. As indicated, there may be other devices available or Itin the wings" as pending Legislation, but your committee is not familiar with them. CONCLUSION. In summary, your committee believes that there are circum- stances and factors that now exist, which, if allowed to develop in the normal course of time, will create areas where redevelopment will be desirable in the best interests of Edina residents. An HRA appears to be a flexible vehicle to use in meeting those needs. It cannot be arbitrary in its operation, inasmuch as it must obtain the approval of the Edina Planning Commission and Council. costs to the taxpayers in general will either be negligible or zero. Its Its creation at this time would constitute sort of an "observation post1* to observe and keep track of changing trends and conditions in Edina, and this, in turn, should permit its members and staff to develop skills in "preventive planning" that would prevent maturing problems from becoming acute. Such action seems preferable to the more expensive and drastic "remedial planning" that would otherwise probably be requir in the more distant future. been mentioned briefly above, your committee feels that, on balance, the creation Taking into consideration the factors which have -8- Y. e of a Housing and Redevelopment Authority for the City of Edina would be in the best interests of the community and recommends that the Greater Edina Chamber of Commerce support the creation of such an Authority. Respectfully submitted, s/ Dr. Ronald Peterson, Chairman s/ Jim Dale s/ Ray Rauch s/ Rod McKenzie s/ Hosmer Brown - 9-