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HomeMy WebLinkAbout19750421_regular, MINUTES OF THE REGULAR MZETING OF THE .. EDINA CITY COUNCIL HELD AT CITY HALL ON APRIL 21, 1975 CD 0 Qo p3 w w Answezing rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of March 17, 1975, were approved as submitted by motion of Councilman Courtney, seconded by Councilwoman Schmidt and carried. FZRE CHIEF JAMES MC NELLIS HONORED UPON HIS RETIREMENT. read the following Resolution of Appreciation in recognition of the retirement of Fire Chief James McNellis: WHEREAS, Edha Fire Chief James McNellis was an original member of the Edina Volunteer Fire Department when it was organized in 1941; and WHEREAS, James McNellis became a member of the full-time Edina Fire Department upon its organization in 1955; and ' WHEW, James McNellis was appointed Fire Chief of the City of Edina on June 1, 1967; and WHEREAS, over the years, Chief McNellis has been known for his bravery, having risked his life on many occasions; and WHEREAS, under his very able direction, much progress has been made in the modern- ization of the Edina Fire Department and great strides have been made in fire prevention throughout the City; Mayor Van Valkenburg RESOLUPION OF APPRECIATION I ,NOW, THEREFORE, BE IT RESOLVED that the Edina City-Council commend FIRE CHIEF JAMES MC NELLIS for his outstanding accomplishments during his years of service for the City of Edina and wish him.long years of happy retirement; and BE IT FURTHER RESOLVED that a copy of this resolution be recorded upon the pages of the Minutes Book of the City of Edina and that an apprbpriate copy of this resolution be presented to Fire Chief James McNellis. Chief McNellis accepted the resolution and expressed his appreciation to the Council. BICYCLE SAFETY WEEK PROCLAMATIOUDOPTED. ing proclamation whicn was adopted by motion of by Councilman Richards and carried: As Mayor of the City of Edina, I call upon all members of this commumity to give their wholehearted support to the 10th Annual Edina Bicycle Safety Program which will be conducted Monday, April 21 through Friday, May 9 under the united efforts of the Edina Lions, Jaycees, Rotary, Scout Troops, Police Department, Greater Edina Chamber of Commerce, Optimists, Southdale Optimists, Edina Federated Junior Women's Club, League of Women Voters, The Womens Club and the PTAs and parent groups of the eight Edina Elementary Schools and three Parochial schools. The purpose of theaProgram is to reduce the hazards of bicycle riding for young bicyclists, as well as for pedestrians and motorists. our streets and highways daily increases the dangers for the careless or unskilled rider. Reports of hundreds of deaths and thousands of injuries each year through- out our nation (due to collisions between bicycles and motor vehicles alone) have alerted us to the nee6 for such a Program. By training our boys and girls, at an early age, in proper riding skills; by teaching them the laws governing bicyclists; by explaining the reasons for obeying safety rules; and by helping them to be aware of the hazards of biking -- we feel Edina is making a concerted attempt' to assure that the number of accidents does EOT keep up with the ever increasing number of bicyclists. our adults to use their bicycles as a means of transportation for short haul errands. but a vehicle to be tzken seriously; therefore we should all become thoroughly familiar with the "rules of the road" to minimize the incidence of accidents. The safety of our children cannot be relegated to a oncela-year campaign. call €or the support of every parent in carrying out this campaign all year long; and I urge every youngster to participate in this Bicycle Safety Program and then practice what he has learned -- for his own safety as well as other's. Mayor Van Valkenburg read the follow- - Councilman Courtney, seconded PROCLAMATION The growing congestion of The energy crisis may even now be creating the need for It behooves us all to remember that a bicycle is no longer just a toy I RESPECT FOR LAW WEEK PROCLAIMElE Mayor Van Valkenburg read the following pro- clamation which was adopted by motion of Councilman Courtney, seconded by Councilman Richards and carried: "RESPECT FOR LAW WEEK" PROCLAMATION WHEREAS, crime and its effect upon the lives and property of our citizens cont- inued undiminished, despite efforts by government, citizens' organizations and many individuals; and 3/21/75 WdEREAS, the problems of crime touch and affect all segments of our society undermining and eroding the moral and economic strength of our communities and their citizens; and WHEREAS, there is still a reluctance on the part of-many ci2izens to involve themselves in actions to insure the protection, rights :and well-being of their fellow citizens; and WHEREAS, Opt5mist clubs and- their members continue to sponsor. and support pro- grams aimed at combatting crime and disrespect for law through-year-round efforts; NOW, THEFSFORE, BE IT RESOLVED that I, James Van Valkenburg, proclaim the week of- May 1-7, 1975, as RESPECT 'FOR LAW WEEK, and ask all citizens of the City of Edina to join with the Optimists in carrying the message of respect for law to other citizens, and by example, exercise responsible citizenship. PUBLIC HEARINGS CONDUCTED ON VARIOUS IEffROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. having been given, public hearings were conducted and action taken as hereinafter recorded. A. PERK4NENT STREET SURFACING, CONCRETE CURB & GUTTER AND SIDEIJALK IMPROVEMENT I Due notice NO. P-SA-205 IX THE FOLLOWING: IJ. 78th Street from Cahill Road to 3300 feet 4- West Council was advised that this proj e,ct is proposed-as a cooperative improvement with the City of Bloomington and is a continuation of the upgrading of the'City of Edina Municipal'State Aid system. Mr. Hyde presented total estimated cost of $780,989.71, proposed to be assessed in accordance with the City's policy of assessing State Aid streets at $15.00 per assessable foot for the street improve- ment, with cost of the sidewalk proposed to be paid from Municipal State Aid funds. authorizing the improvement was seconded by Councilman Shaw and carried. Resolution Ordering Improvement later in Minutes.) i No obj edtions were heard from the audience, whereupon Councilman Courtney's motion f (See i B . WATER MAIN 1MPROVE)ENT NO. P-TJM-293 IN THE FOLLOWING: Parkwood Lane from North line of Parkwood Knolls 19th Addition to Parkwood' Road C. SANITARY SEWER IMPROVEMENT NO. P-SS-323 IK THE FOLLOVING: Parkwood Lane froh North Line Parkwood Knolls 19th Addition to 170' North Improvements P-WM-293 and P-SS-323 affecting the same properties, public hearings w&re conducted concurrently. Mr; Hyde presented estimated total construction cost of Water Main Improvement P-TJM-293 at $9,131.35, proposed to be assessed zt a cost of $3,043.78 per lot, and the cost of Sanitary Sexer Improvement P-SS- 323' at $3,306.35, proposed to be assessed at an estinated cost of $1,102.12 per lot. Nr. Byron Zotaly, 5504 Parkwood Lake, said that h2 spoke for Mr. Edward Powerk, 5500 Parkwood Lane, Gho was out of town and had not received his notice 2s yet. 'Mr. Zotaly said that both he and Mr. Powers would welcome the improve- ments provided the sewer could be installed deep enough to work satisfactorily. YE. Dunn assured Mr. Zotaly that there would be no problem with the depth of'-the installation and said that the additional depth would not increase the cost of the projects appreciably.. mentwas then seconded by Councilman Richards and carried. Ordering Iinprovementslater in Minutes.) I Councilwoman Schmidt's motion authorizing the improve- (See Resolution D. WATER MAIN IMPROVEMENT NO. P-W-292 IN THE FOLLOWING: Dovre Drive from Lincoln Drive to West Line Parkwood Knolls 19th Addition Dovre Drive irom Lincoln Drive to West Line of Parkwood Knolls 19th Addition E. SANITARY SEWER INPROVEIBNT NO. '2-SS-322 IN THE FOLLOIJING: - improvements Nos. P-SS-322 and P-WM-292 affecting the same properties, public hearings were collducted concurrently. Mr. Dunn presented total estimated cost of Water Main Improvement P-WM-292 at $9,171.12, proposed to be assessed at an estimated cost of $1,528.52 per lot and the total estimated cost of Sanitary Sewer iinprovement SS-322 at'$11,551.46, proposed to be assessed at an estimated cost of $1,925.24 per lot. Mr. Dunn said that these improveinents are in connect- tion with a proposed ?lat and that all of the assessments are proposed to be ' assessed against the Rauenhorst Corporation. No objections beiag heard, Council- man Richards offered the following resolution and moved its adoption: I RESOLUTION ORDERING IMPROVEMENTS NOS. STREET AND SXDEWLK INPROVEiBMT NUMBER BA-205 WATER PL4IN IEPROVEBfENTS NOS. WP1-292 AND WM-293 SANITARY SEVER IMPROVEIBNTS NOS. SS-322 AND 88-323 BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore causei notice of hearings to be duly published and of each parcel within the area proposed to be assessed on the improvements : 1. CONSTRUCTION OF PEPJ4ANENT STREET SURFACING, CONCRETE CURB .. ,.I SIDEUALK IKPROVEHENT NO. BA-205 IN THE FOLLOTKENG: mafled ot owners following proposed AND GUTTER AND Id. 78th Street from Cahill Road to 4- 3300 feet West CONSTRUCTION OF SANITARY SEVER AND APPURTENANCES IMPROVEMENT NO. SS-322 IN THE FOLLOWING : Dovre Drive from Lincoln Drive-to West line Parkwood Knolls 19th Addition 2, 4/21/75 89 3 .( 4. 5. , . and CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-323 IN THE FOLLOWING: Parkwood Lane from North line Parkwood Knolls 19th Addition to 170' North Dovre Drive from: Lincoln Drive, to West line Parkwood Knolls 19th Addition Sarkwaod Lane from North line Parkwood Knolls 19th Addition to Parkwood Road at the hearing held at the time and place specified in said notice, the CONSTRUCTION OF WATER MAIN IMPROVEMENT NO. WM-292 IN THE FOLLOWING: CONSTRUCTION OF WATER MAIN IMPKOVEMENT NO. ~~-293 IN THE FOLLOWING: 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 construc- tion of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construc- tion and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above .STREET IMPROVEMENT NO. BA-205 No. 2 Above SANITARY SEWER IMPROVEMENT NO. 88-322 No. 3 Above SANITARY SEWER IMPROVEMENT NO. SS-323 I . NO. ,4 Above WATER MAIN IMPROVEMENT NO. WM-292 No. 5 Above WATER MAIN IMPROVEMENT NO. WM-293 and the area to be specially assessed therefor shall be as follows: Street Improvement No. BA-205 - Lots 1, 2 and 3, Block 1 and Lots 1 and 2, Block 2, Nine Mile West 1st Addition; Lot 7, Block 1, Lots 5, 6 and 7, Block 2, and Outlot 1, Heath Glen Addition; Lot 4, Shaughnessey 1st Addition; Lots 2 and 3, Block 1, Windsor Addition; Outlot A, Braemar Hills 7th Addition; and Parcels 700,.3700, 3815, 4300 and 4500, Section 8, Township 116, Range 21; for Sanitary Sewer Improvement No. SS-322 and Watermain Improvement No. WM-292 - Outlot A, Nine Mile North Addition; for Sanitary Sewer Improvement SS-323 and Watermain Improve- ment No. WM-293 - Lots 8 and 9, Block 2, Parkwood Knolls 4th Addition and Lot 5, Block 2, Parkwood Knolls 2nd Addition. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution'was adopted. for STREET IMPROVEMENT NO. C-113 ASSESSMENT LEVIED. Mr. Hyde recalled that the assess- ment of Street Improvement C-113 had been continued from April 7, 1975, so that Mr. Randy Cote, one of the owners of the property West of York Avenue and South of W. 76th Street, could discuss the matter of roads in the area with Hennepin County to learn if there was any chance of State or County participation in pay- ing a portion of the cost. Mr. Cote said that the County had indicated that it would be five years before they could put any State Aid funds into roads in the area under discussion. Mr. Dunn pointed out that State Aid rules are such'that the City could not go back after the fact and pay for a project out of State Aid funds. industrial zoning for his property, he would only be contributing to paying for a road for traffic generated by Southdale and Yorktown. which he had written to Mr. Dunn on April 18, 1975, which requested that the property be given the same number of trips per acre as those properties on York Avenue North of the latest extension of York Avenue or that Southdale and Yorktown could contribute to the road cost. He suggested that this could be done by the City paying the additional cost from General Funds and recovering the cost from Southdale and Yorktown taxes at a later date. Mr. Cote's letter contended that they are paying $36,500 for their 25 acres of vacant land which needs little in services and that some of this money could be used for the road. total assessment of $237,000 is not justified and that some sort of an adjustment is needed. Mr. Dunn recalled that since the February 24, 1975, meeting, he has exhausted any ideas for alternative methods for financing the improvement and added that it has been normal City procedures that, as new roads are open, the cost is assessed against abutting properties. Discussion ensued as to the zoning of similar land in the City of Bioomington which,abuts the Freeway, with Council- man Courtney suggesting the possibility of considering similar zoning to Bloom- ington property, inasmuch as this is the only land in Edina that abuts the Free- way. Mr. Cote pointed out that Mr. Luce does not favor any zoning which would increase the traffic count in the area. Following considerable discussion, Cquncilman Courtney said that, while he sympathizes with the problem, the City cannot change its methods of assessment in mid-stream. offered the following resolution levying the assessment and moved its adoption: Mr. Cote said that unless,he is allowed a higher land use than the present He referred to a letter He said that a He thereupon reluctantly RESOLUTION ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS LEVIED ON ACCOUNT OF STRZET IMPROVEMENT NO. C-113 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment roll for the improvenicnt hereinafter referred to, and at such hearing held on April 21, 1975, has considered all orail, and written objections presented against the levy of such assessment. The City has given notice of hearing as required by law on the proposed YU 4/2 I./ 75 1 2. Each of the assessments as set forth in the assessment roll on file in , the office of the City Clerk for STREET IMPRGVENENT NO. C-113 does not exceed the local benefits conferred by said improvement upon.the lot, tract or parcel of land so assessed, and all of. said assessments are hereby adopted and con- firmed as the proper assessments on account of- said respective improvemenLto be spread against the benefited lots, parcels and tracts of land described therein. 3. installment, together with interest at the rate of 5% per annum on the entire assessment from the date hereof to December 31, 1976, to be payable with the , general taxes for the year 1975. 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this resolution and a certified duplicate of said assessments, with each then unpaid installment and interest set forth separately, to be extended on the tax lists of the County in accordance with this resolution. 5. . payable by a county, by a political subdivision or by the owner of any right- of-way, as required by Minnesota Statutes, Section 429.061, Subdivision.4, and if any such assessment is not paid in a single installment, the City Treas- urer shall arrange for collection hereof in installments, as set forth in said section. Notion for adoption of rollcall there were five ayes and no nays and the resolution was adopted. The assessments shall be payable in ten equal annual installments, the first The Clerk shall also mail notice of any special assessments which may be the resolution was seconded by Councilman Shaw and on EDINA OFFICE AND PRODUCTION CENTER (7651-97 WASHINGTON AVE. S.) UNSAFE BUILDING WARIBTG CONTINUED TO MAY 5, 1975. As recommended by Mr. Erickson, Councilman Courtney's motion continuing the hearing to determine if the Edina Office and Production Center located at 7651-97 Washington Ave. S., is "unsafe" within the nieaning of Ordinance No. 471, was seconded by Councilman Shaw and carried. EDINA ART CENTER AVARD OF BIDS CONTINUED TO MAY 5, 1975. As recommended by Nr. Eyde, Councilman Shaw's motion was seconded by Councilman Courtney and carried, continuing award of bids for the Edina Art Center to -May 5, 1975. .' J '_ . .. AEXIP! TOWER AND TRUCK BID AWARDED. by Councilman Shaw and carried, awarding bid for aerial tower and truck to Northwest Tel-e-Lect for a total cost of $27,142.00. MEWESOTA TENANTS mTION, INC., REQUEST FOR FUNDS TULED. Mr. Hyde called Coun- cil's attention to a letter requesting support of the Minnesota Tenants Union, lac., along with a request far a yearly fee of $1,063. As recommended by the Cizy Manager, Councilman Richards' motion was seconded by Councilman Shaw and czrried, that the request be tabled. 76TH AND YORK AVENUE TRAFFIC SIGNAL REQUESTED. to a letter from Ms. Denise Iser, 7735 Xerxes Ave. S., deploring traffic condi- tzons at the intersection of York Ave. and W. 76th Street and requesting installation of a traffic signal at that location. was seconded by Councilman Shaw and carried, referring the request to the Traffic Safety Committee. COUNTY PUBLIC HEALTH PROGRAM PROGRAM DEPLORED. Tneeting to be held on April 22, 1975, at the St. Louis Park City Hall, at which a- proposal will be considered for a centralized public health system under and carried, that Councilwoman Schmidt attend the meeting and voice Edina's objections to the proposal. resolution and moved its adoption: WHEREAS, the City of Edina has had a local health program since 1962 and has devoted several hundred of thousands of dollars into the program and has continued to expand and develop the program since its beginning; and IHEREAS, House File 645 would establish a statutory procedure for the formation of a County Health Agency which could absorb or govern our local health program without municipal representation; and WEEREAS, House File 645 mandates the establishment of,an independent Health Board and Advisory Health Council which is inappropriate to the governmental structure . of the participating cities; and WHEREAS, House File 645 would allow for the infringement~upon statutory housing and redevelopment authorities and advisory committees related to public health, * environiiental health and housing; and WHEREAS, House File 645 could substantially increase the per capita cost charged €or service without providing a proportional , measurable increase in services actually provided to the City; and Councilman Courtney's motion was seconded B - Council's attention was called Councilman Courtney's motion Mr. Hyde advised Council of a . Hennepin Cowty. Councilman Courtney's motion was seconded by Councilman Shaw Councilman Shaw thereupon offered the following RESOLUTION I. 6. The Moore Property on Melody Lake should and isolated and would be more beneficial to family lots. 7. Krahl Hill should be excluded because it much of its natural character. 8. The McCauley Trail South Property should WHEREAS, the City would not be able to clearly direct the continued development and control of its program; and WHEREAS, the intent of the act is to deal with spar .ly populated, out-state counties, and not for the complex, populated counties of Hennepin and Ramsey, and the communities contained therein; NOW, THEREFORE, BE 1T.RESOLVED by the City Council of the City of Edina: 1. To oppose House File 645 to the extent that it would prohibit the City of Edina from continuing a municipal health program which it has developed and to urge that amendments be made to House File 645 to insure the continued existence and local municipal confrol. of health programs in a community or group of com- munities with an aggregate population of at least 45,000 persons. 2. To direct that copies of this resolution be transmitted to the Governor of the State of Minnesota, to members of the State Legislature representing the City of Edina, to the authors of House File 645, to the members of the House Appropri- ations Committee and to the Commissioner of Health of the State of Minnesota. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes. and no nays and the resolution was adopted. MELVIN c. GITTLEMAN RESPONSE TO VIKING HILLS HOMEOWNERS’ ASSOCIATION LETTER TO EDINA SUN NOTED. Council’s attention was called to a letter from Mr. Melvin C. Gittleman responding to a letter to the Editor of the Edina Sun which had been written by Mr. Richard Seaberg, President of the Viking Hills Homeowners Associ- ation relative to Krahl Hill. the matter is in Court. No comment was made by the Council inasmuch as OPEN SPACE REPORT CONTINLTD TO MAY 5, 1975. Mr. Hughes presented recommendations of the Open Space Committee which had been reaffirmed after review.1 by the Environmental Quality Commission, the Planning Commission and the Park Board. These recommendations 1) requested that Council approve the conclusions in their entirety; 2) requested that action by initiated to finalize purchase agreements on parcels being acquired by purchase and life estates, with such agreements being subject to approval of a bond issue; 3) requested that the South Edina Plan be revised to reflect a 12-15 acre subdivision dedication for open space; 4) requested that donsideration be given to including the monetary needs for acquisi- tion of the following properties recommended by the Open Space Committee in a bond issue with the Park Board Capital Improvements: Cahill School back lot, the Lincoln Drive Flood Plain (Wallace Kenneth property), Garden Park, McCauley Trail South, Krahl Hill, the Moore property on Mirror Lake, the Moore property on Melody Lake and tlie Rutledge House in Rutledge Park. Hughes reviewed action of the Planning Commission as follows: 1. The Hedberg property should be acquired because it is shown on the South Edina plan as parkland and is proposed to be acquired via subdivision dedication. 2. The Rutledge Park House should be acquired by life estate and should be a Park Board responsibility and not necessarily a part of an open space acquisition plan. 3. The Moore Property on Mirror Lake, proposed to be purchased for recreational open space, shouldibe excluded because it is quite narrow and is adjacent to the water and single family homes and is, therefore, of questionable value as active parkland. 4. The Wallace Kenneth Property (South of Lincoln Drive) will remain as open space and probably be dedicated to the City whether or not it is included in the open space report inasmuch as only 20 percent of the flood plain can be filled and developed. 5. Garden Park should be extended to Grove Street and the railroad tracks since that would be a logical extension of an existing park. The Hedberg property, the Mr. not be acquired as it is too s,mall the City if developed as single . could be developed and still retain be excluded because the land is low and swampy and would not be appropriate for active recreation open space. 9. The Cahill School site should be acquired inasmuch as it is the open space buffer provided in the Southwest Edina Plan and w’ill-further accomplish the over- all land use.system. Mr. Rosland said that, at the present time, the Park Board does not want to tie Space proposals. property, the Cahill School back lot, the McCauley Trai Moore property on Mirror Lake and the Rutledge House are park oriented and extremely desirable acquisitions for park property. Mr. Vincent McConville and Mrs. Virginia Scott, members of the Open Space Com- mittee, and Mrs. Alison Fuhr, Mayor Van Valkenburg suggested that Messrs. Hyde, Dalen and Rosland analyze the ideas and recommendations of the Park Board and of * its Capital Improvements program to a bond issue which would include the Open He said that the Park Board feels very strongly that the Hedberg South property, the In response to questions of 4/21/75 the open Space Commission and that the matter be placed on the May 5, 1975, agenda, along with the Park Board Capital Improvements program. Councilman Snaw's teotion was then seconded by Councilman Courtney and carried that the report of the Open Space Coromittee be continued to the meeting of May 5, 1975,.and considered along- with the Capital Improvements program of the Park Board at that time. M.A.M.A. 49 NEGOTIATIONS AUTHORIZED. negotiating with the I.E.O.E. Local 49 for 1976, Councilman Courtney offered the fol- lowing resolution and moved its adoption: Being advised by Nr. Hyde that the City is now RESOLUTION < z APPROVING CONTINUED JOINT REPRESENTATION IN REGARD TO I.U.O.E. LOCAL NO. 49 .I BE IT RESOLVED by the Council of the City of Edina, that the Metropolitan Area Xanagers Association Eanagement Bargaining Committee is hereby designated as the representatives of the City of Edina in negotiations until a settlement or impasse is reached for the 1976 contract year with I.U.O.E., Local No. 49. 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 adopted. HEARING DATE SET FOR LIGHTING IMPXOVENENT NO. P-L-10. As recommended by Mr. Dunn, Councilwoman Schmidt offered the following resolution and moved its adoption: RISSOLUTION PROVIDING FOR PUBLIC HEARING ON ORNAMENTAL STREET LIGHTING IMPROVENENT NO. P-L-IO The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Ornamental Street Lighting Improvement descrzbed in :he form of Notice of Hearing set forth below, and 2s to the estimated cost of such improvement, said report is hereby approved and directed to be placed on file in the office of the City Clerk. 2. Hall, to consider in public hearing the views of all persons interested in said improvement. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: I. .C. ._ This Council shall meet on Monday, May 5, 1975, at 7:OO p.m. in the Edina City B (Official Publication) CITY OF RDINA HENNEPIE COUNTY , IILNNESOTA NOTICE OF PUBLIC HEARING ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-10 Tie Edina City Council will meet at the Edina City Hall on Monday, May 5, 1975, at 7:OO p.n. to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvement is estimated by the City as set forth below: ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L-10 $94,952.26 The approx5mate 1 ESTIMATED COST York Ave. froml?. 69th Street to W. 74th Street Hazelton Road fron France Avenue to York Avenue W. 70th Street from France Avenue to Xerxes Avenue The area proposed to be assessed for the cost of the proposed improvement includes Tracts A 2nd E, Registered Land Survey 1171; Tract A, Registered Lznd Survey 1233, Tract M, Registered Lane Survey 629; Parcel 425, Section 32, Township 28, Range 24; Lots 1 through 5, inclusive, Block I, Lot 1, Block 2, Lots 1 through 3 inclusive, Block 3, Lot 1, Block 4, Lot 1, Block 5, Lots 1 through 4 inclus2ve, Block 6, Lots 1znd 2, Block 7 and Outlots 8, B aad Cy Yorktown Addition. Florence B . Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. STOm SEWR IMPROVEMENT NO. P-ST.S-143 DISCUSSED. Mr. Dunn advised Council that he is trying to get affected property owners together to work out some settlement in regard to' Storm Sewer Improvement No. P-ST.S-143 and will report back to Council at the next meeting. BICEFiTE~71AL COMMISSION REQUEST FOR PARK DEDICATION FUNDS CORTINUED TO MAY 5, 1975. As recommended by Mr. Ray Bechtle, Chairman of the Edina Bicentennial Commission, Councilwoman Schmidt's motion was seconded by Councilman Richards and carried, continuizlg the request for funds for the dedication of Frank Tupa Psrk-Edina Eiistorical Center on Jane 15, 1975, to the Council Heeting of May 5, 1975. HISTORIC 3IARKER mTNDS APPROVED. Edina Bicentennial Conmission, Councilman Courtney's motion was seconcted by . , As requested by Nr. Ray Bechtle, Chairman of the w w Councilman Richards and carried, authorizing a request of a grant for federal 'funds for a long range program for.an historic Markers Project. pointed out that the City must agree to place twenty of these markers by October, 1975, and.that, under the grant, $775 would come from Federal Funds and $2,200 would be raised by the *Commission. be appropriate to honor Pioneer John Kyte in this connection. Mr. Bechtle Councilwoman Schmidt suggested that it would JOHN PHILIP SOUSA MEMORIAL BAND GRANT REQUEST AUTHORIZED. Bechtle, Councilman Courtney's motion was seconded by Councilman Richards and carried, authorizing a request of a grant for Federal funds for the John Philip Sousa Memorial Band tour troughout the State. on the tour. As recommended by Mr. The band exp cts to raise funds EDINA BICENTENNIAL COMMISSION MEMBERS APPROVED. Being advised by Mr. Bechtle of the- resignation of Mmes. Bernice Kenkel and Rosemary Gubrud from the Edina Human Relations Commission, Councilman Shaw's motion was seconded by Councilwoman Schmidt and carried, appointing Mmes. Katy Sullivan and Carolyn Dencker to.serve as members of the Bicentennial Commission. FINDINGS AND ORDER FOR BILTMORE' LARES APPROVED. been continued from April 7, 1975, Mr. Erickson presented Findings and Order for repair of dangerous or substandard building pursuant to Ordinance No. 471 for Gus Young's Biltmore Lanes, located at 5109 W. 50th Street, which Findings con- cluded that a sprinkler system be completely installed and operative by July 1, 1976. its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council accept the Findings and Order for Biltmore Lanes as drawn by the City Attorney and that certain portions of the order, being paragraphs 3 and-4 on page 6 thereof are to be completed not later than May 21, 1975 and the sprinkler system shall be completely installed and operative no later than July 1, 1976. Motion for adoption of the resolution was seconded by Councilman Shaw and on roll- call there were five ayes and no nays and the resolution was adopted. Recalling that this matter had Councilwoman Schmidt thereupon offered the foliowing resolution and moved SOUTHDALE BOWL LICENSES ISSUED FOR MECHANICAL AMUSEMENT DEVICES AND BINGO MACHINES. As recommended by the City Manager, Councilman Richards moved that the licenses be approved for ;he pinball machines at Southdale Bowl, with the condition that they not maintain more machines than they had last year, and that the machines would be maintained in an area under the supervision of the adult manager of Biltmore Lanes. BOARD OF REVIEW DATE SET FOR JUNE 11, 1975,'AT 4:OO P.M. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried, setting Board of Review tor June 11, 1975, at 4:OO pem, in the Council Room, DEFERRED COMPENSATfON RETIREMENT PLAN APPROVED FOR EDINA EMPLOYEES, advised Council that, as of March, 1975, fourteen Minnesota citiecplus the Mr. Hyde Association of Minnesota Counties, the League of Minnesota Municipalities and . the Metro Transit Commission were participants in the International City Manage- ment Association Retirement Corporation to provide a deferred compensation retire- ment plan for their employees, Thirteen national organizations, including the National League of Ctties and the National Institute of Municipal Law Officers 'are sponsors of the non-profit system. The plan must be made available to all employees to have any amount of his or her total salary paid to the Retirement Corporation to be held in trust and invested until the time of his or her retire- ment. yearly fee to its investment agent, American Security and Trust Company of Washington, D, C,, of from 1/2 of 1% to 1/10 of 1%, depending on- the balance in each of the three funds maintained. Mr, Hyde further explained that, by Fed- eral law, the emp1oyer;whose assets are not subject to taxation, must be the owner of the deferred compensation and all of the income earned from its invest- ment until the employee becomes eligible for its receipt, that it is important to be sure that employees are aware that this is an invest- ment on their part and that it is not guaranteed. Councilman Richards offered the following resolution and moved its adoption: WHEREAS, the City of Edina has in its employ certain personnel; and WHEREAS, said employees are and will be rendering valuable service to the City; and WHEREAS, the City of Edina has considered the establishment of a Deferred Comp- Mr, Hyde explained that the handling charge of the ICMA plan is 3% of all 'funds when they are received and, in addition, the Retirement Corporation pays a Councilman Shaw said Following some discussion, RESOLUTION XY 4 4/2 1135 ensation Plan for the said employees made available to the City and to said employees by the International City bfanagement Association Retirement Corpora- tion; and I.JHEREAS, said employees of ten are-unable to acquire adequate retirement security under other existing and available retirement plans due to the contingencies of employment mobility; and WHEREAS, the City of Edina receives benefits under said plans by being able to assure reasonable retirement security to said employees, by being more able to attract competent personnel to its service; and by increasing its flexibility in personnel management through-elimination of the need for continued employnent.for the sole purpose of allowing an employee to qualify for retirement benefits, NO\?, THEREFORE, BE IT RESOLVED that the City of Edina establish said Deferred Compensation Plan for said employees and hereby the Deferred Compensation Plan with the International City Nanagement Assodiation Retirement Corporation; and IT IS FURTHER RESOLVED that the City Manager may, on behalf of the City, execute all Joinder Agreements with said employees and other eligible officials and officers which are necessary for said persons participation in the plan, except that any Joinder Agreement for said designated official shall be executed by the Mayor. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopted. GOVERIQIENTAL COMMISSION/COTJNCIL MEETING .. DATE will be determined after Mr, Kermit Wilson returns to the City. A.B.C. REAL ESTATE TAX TO BE STUDIED. the A.B.C. House has made its petition to be exempt from real estate taxes. Hayor said that he has reviewed their articles and esemptions from income taxes and asked Mr, Hyde and the City Attorney to discuss the matter with Mr, Swanson and make a recommendation in the matter. involved, saying that the request goes to the Assessor and then to the County Board and that the Council has nothing to say in such c B authorizes its Mayor to execute .. -. .. Mayor Van Valkenburg advised Councfl that .- I. The Mr. Hyde clarified the procedure a determination, ' PLANTING PLANS APPROVED FOR COUNTY ROAD 18/VALLN VIEW ROAD, As recommended by Mr. Rosland, Councilman Courtney offered the following resolution approving planting plans for the County Road 18/Valley View Road Interchange (which plans have been approved by the Park Board) andpoved its adoption: T?HEREAS, the City of Edina Park Board has been aware of the County's highway plans for some five years; and IEREAS, their total park plan has taken into consideration the taking of this land for right-of-ways- and I?HEW4S, a portion of this land with the roadways and bike ways services as a , major park egress and ingress, and . WEEREAS, the planting plans, as approved by the Park Board, show the necessary I RESOLUTION tree replacsment; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina approve the planting plan for County Road 18 and Valley View Road Interchange service road and bike ways, as amended and approved by the Edina Park Board. Motion for adoption of the resolution was seconded by Councilwoman Schmidt knd on rollcall there were five ayes and no nays and the resolution was adopted: TP?FIC SAFETY AGJAPJ> TO BE PRESENTED TO EDINA. tion to the fact that the City of Edina has been selected to receive the 1974 Outstandhg Achisvernent Award in Traffic Safety Enforcement. accept the award to be made at the Governor's Safety Award Banquet on May 13, 1975. Councilman Courtney thereupon offered the following resolution and moved its adoption: RFSOLUTION TvXEREAS, the City of Edina has been selected to receive the 1974 Outstanding Achisvernent Award in Traffic Safety Enforcement; and ITiEREAS, the prGsentation of this award to t'nc City.of Edina reflects the high standards, along with the outstanding efforts and accomplishments of the Traffic Safety Division of the Edina Police Department; HOW, THEREFORE, BE IT RESOLVED that the Edina City Ccuncil highly commends the Edina Police Department, under the very able direction Gf Chief Wayne W. Beniiett, for its outstanding record in the enforcement of traffic safety and for its receipt of .the 1974 Outstanding Achievement Award in Traffic Safety enforceinent. Notion for adoption of the resolution was seconded 3y Councilman Shaw and unani- mously carried, -I Mr. Eyde called Council's atten- Mr, Hoffman will I ... t t ! CD 0 06 p3 u W SOUTHDALE AREA LIGHTING CC!NTINUED TO MAY 5, 1975. Mr. Dunn advised that he will haveiinforrnation on a proposal for lighting in the Southdale area by May 5; 1975. SOUTHEALE CENTER BUS ROUTING PROBLEMS TO BE STUDIED. Mr. Hyde recalled that at the time the Metropolitan Transit Commission took up the Edina Transportation Survey reports and requests, it was brought out that, with some 400 trips per day, considerable congestion exists at the Southdale Shopping Center Bus Terminal and that some action must be taken to get the busses in and .out more quickly. Mr. Hyde said that'he has been working with the Police Department and the Transit Operating Division of M.T.C. and will be working with Mr. Jack Rice of Dayton Development and will be making recommendations after the problem has been thoroughly studied. RAILROAD PROPERTY TAX STUDY TO BE MADE. Councilman Courtney's motion was seconded by Councilwoman Schmidt and carried, that the City Manager study the proposed Railroad Property Tax and report back to Council on May 5, 1975. SUBURBAN HENNEPIN COUNTY MUNICIPALITY ORGANIZATION ENDORSED. Council's attention was called to a letter from the Mayor of Brooklyn Park recommending that suburban communities in Hennepin County organize to protect themselves against paying an indiscriminate share of the tax burdens of the City of Minneapolis. some discussion, Councilwoman Schmidt offered the following resolutiori and moved its adoption: z* -1 I Following - - RESOLUTION WHEREAS, Hennepin County and Minneapolis elected officials have both presented legislative programs to the Minnesota Legislature; and WHEREAS;nfany of the items contained in these proposals will have the effect of having suburban communities absorb additional Minneapolis tax burdens; and WHEREAS, Minneapolis now enjoys the position of having suburban taxpayers sub- sidizing a sizeable part of their present tax burdens; and WHEREAS, an end must be put to indiscriminate sharing of Minneapolis tax burdens throughout Hennepin County; and WHEREAS, it is in the best interest of all Hennepin County Suburban Municipalities to organize and present a united front to insure that this practice is not con- tinued; and WHEREAS, it is also in our best interests to keep a watchful eye on Hennepin County legislative proposals and day to day operations; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that: 1. 2. 3. The Edina City Council endorse the idea that an organization of suburban Hennepin County municipalities should be given further consideration. We hereby appoint C. Wayne Courtney to represent Edina in the discussions necessary to determine the next step to be taken. A copy of this resolution is to be sent to Jim Krautkremer, Mayor of Brooklyn Park. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there-were five ayes and no nays and the resolution HOUSE FILE NO. 1405 PROGRESS REPORT GIVEN. Mr. Hyde advised File No. 1405 which relates to the establishment of terms of and Council has now passed ia Committee and will be going to resentatives ,for further action. ? was adopted. Council that House office of the Mayor the House of Rep- METRbPOLITAN DEVELOPWZNT PLANNING BILL DISCUSSED. a summary of the Metropolitan Development Planning Bill and urged that Council fzmiliarize themselves with the provisions of the Bill. Councilman'Courtney took a stand favoring the Bill, while other members of the Council generally expressed some opposition. of the date of a meeting on the Metropolitan Development Planning Bill which will be held in the next week or so. No action was taken. Later in the meeting, Councilman Courtney again briefly reviewed the Metropolitan Develop- ment Plan for Mrs. Helen McClelland. Councilman Courtney presented ' Councilman -Courtney said that he would advise Council * TRAFFIC SAFETY COMMITTEE MINUTES OF APRIL 15, 1975, APPROVED IN PART; ST. STEPHENS CHURCH PARKING TO BE STUDIED FURTHER. Traffic Safety Committee Minutes of April ~~~ - __ - -. - __ - ___ - 15, 1975, were presented. Church, protested the denial by the Traffic Safety Committee of the request of the church to.remove the NO PARKING 7-9 A.M. signs on the East side of Wooddale Avenue from Wooddale Lane to W. 50th Street. llr. Schwarz said that these signs pose tremendous burdens 02 the church for its early morning meetings and also pointed out that it is dangerous to walk in the street along Wooddale Avenue, particularly in winter. that twQ lanes are essential on Wooddale Avenue South of 50th Street and reminded Mr. James Schwarz, a member of the Vestry of St. Stephens Mr. Dum said that the Traffic Safety Committee'feels -. 4/21/75 Mr. Schwarz that cars could park at the pump house on the West side of Utley Park. Following considerable discussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried, that the staff investigate to see if something could be done to improve the situation. Councilinan Courtney then rnoved approval of the following : 1. 2. A STOP sign on Parklawn Court at Parklawn Avenue; A NO PARKING ME TItE EXCEPT SUNDAYS' AND HOLIDAYS restriction on the South side of Heritage Drive from Xerxes Avenue to Barrie Road, and denial of the two-hour parking restriction; 3. A directional arrow for Northbound Parklawn Ave. on 17. 76th Street; 4. Renoval of NO LEFT TULU restrictions on W. 50th Street from Halifax Ave. tG France Avenue during construction of the H.X.A. development; . 5. Sidewalk construction of York Avenue and Hazelton Road. Notion was secoaded by Councilman Shaw and carried. accepting the remaiader of the Traffic Safety Committee Minutes of April 15, 1975, was then seconded by Councilman Shaw and carried. Councilrnan Courtney's motion GOLF COURSE RANGE BALL BID AWARDED. Courtney's motion was seconded by Councilmm Richards and carried, awarding bid for 300 dozen range golf balls with yellow covers imprinted with "property of Braeaar" for Uniroyal, Inc., at $1,110.00. Bid of Nornung's Sales at $1,680.00 was also noted. As recommended by IIr. Rosland, Councilman CLAIMS PAID.- Motion of Councilman Courtney was seconded by Councilman Shaw and carried €or payment of the following claims as per pre-list: Sharing, $87,505.15; Construction Fund, $447.67; Park Funds, $22,976.26; Water Fund, $11,715.55; Liquor Fund, $226,015.79; Sewer Fund, $2,014.90; Total, $350,675.32. No further business appearing, Councilman Shaw's motion for adjournment was seconded by Councilwoman Schmidt and carried. General and Revenue Adjournment at 9:55 p.m. City Clerk ."d-A,w. b.4 i . -