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HomeMy WebLinkAbout19750505_regularI MINUTES OF THE REGULAR EDINA CITY COUNCIL HELD - . MAY 5, 19 a i MXE'TING OF THE AT CITY HALJA ON 75 Answering rollcall were members Richards, Schmidt, Shaw and Courtney who served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. later in the meeting as indicated in these minutes. MINUTkS of April 7 and 14, 1975, were approved as submitted by motion of Courxil- man Richards, seconded by Councilman Shat7 and carri.ed. BICENTENNIAL SAVINGS BOND WEEK PROC?AMATION ISSUED. Mr. Warren Hinze, president. of the First Edina National Bank, presented a Bicentennial Series E Bond which had been purchased by Hayor Pro Tem Courtney, following which Hayor Pro Tem Courtney made the following Proclamation: WHEREAS, the United States Savings Bond Program has for 34 years provided inest- The Mayor arrived MINUTE MAN WEEK PROCLAXATION imable security to the citizens of the United States by encouraging the habit of thrift and by helping to fund the National debt in a non-inflationary manner; and WHEREAS, tens of thousands of Minnesotans have benefited through the Payroll Sav- ings and Bond-A-Month Plans of the Department of the Treasury; and IJIiEREkS, the Minute Man of Concord -- the symbol of Savings Bonds -- is an integral part of the national Bicentennial Celebration, marking the anniversary of our struggle Eor independence and reminding us of the roots of public parti- cipation in the financial afEairs of America; and WHEREAS, we recognize the outstandirig accomplishments of the Savings Bond Program and its valiant corps of volunteers, and acknowledge the debt we owe our fore- fathers as the Bicentennial Celebration begins; NOW, THEWFORE, I, C. Wayne Courtney, Mayor Pro Tem of the City of Ehina, Minnesota, do hereby proclaim the week of May 5 - 9, 1975, to be MINUTE MAN WEEK in Edina, Minnesota, and urge the people of our State the doctrines of democracy by the purchase of one or more Bicentennial-design Series E Bond on sale at financial institutions. FURTHERKOVE, our citizens will not only add to their personal and family sec- urity but will acquire most unusual souvenirs of the Bicentennial which will gain in value each additional year retained. . join me in rededicating - ORNAMENTAL STREET LIGHTING IMPROVEPENT L-10 AUTHORIZED. presented by Clerk, approved as to form and ordered placed on file. presented total, construction cost at an estimated $94,952.26, proposed to be assessed against 14,936.28 assessable feet at an estimated cost of $6.36 per assessable foot, Affidavits of Notice were Mr. Hyde 1 The improvement is proposed to be installed in the following: York Avenue fron W. 69th Street'to W. 74th Street Hazelton Road from France Ave. to Pork. Ave. W. 70th Street from France Ave. to Xerxes Ave. Mr. Dunn referred also to the proposed installation of overhead lighting in the Southdaie aree which wouid consist of 71 median placed wood poles with two light- ing fixtures on each pole. He said that it is expected that the system would he in operation for at least ten years and that there.would be no direct charge for the installation of the system, and that it would become part of the City's general street lighting expezlditure on an annual per unit basis. to a question. of Councilman Shaw, Mr. Dunn said that, if approved by the Council, he would hold an informal meeting to advise property owners abutting Vdley-View Road as to the details of the proposal. inquired about the type of standards proposed. No further comments being heard, Councilwoman Schmidt offered the following resolution authorizing Improvement L--1.0 In response Mr. FJarren Beck of Gabbert & Beck 'and zlloved its adoption: &SOLUTION ORDERING IMPROVEMENT NO. L- 10 BE IT RESOLVED by-the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following improvement: CONSTRUCTION OF ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. L-10 IN THE FOL.LOWING: York Avenue from W. 69th Street tG W. 74th Street Hazelton Road from France Avenue to York Avenue W. 70th Street from France Avenue to Xerxes Avenue and at Che hearing held at the time and place specified in said notice, the Council has duly considered the views cif all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con- struction of said improvement, including all proceedings which may he necessary in elninelit domain for the acquisition of necessary easements and right; for con- structi-cn and maintenance of such improvement; that said improvement is hereby designated ond shall be referred to in ali subsequent proceedings as ORNAMENT-MA STREET LIGHTING IPPROVEMENT NO. L-10; and the area proposed to be specially - -_ f* ) asse2sed A, Regfstered Land Survey 1233; Tract >f, Registered Land Survey 629; Parcel-@., Section 32, Township 25, Range 24; Lots i thrii 5, Inclusive, Block I, Lot lss% 3lock 2, LoZs 1 through 3 inclusive, Block 3, Lot 1, Block 4, Lot 1, Block 5, Lots 1 through 4 inclusive, Block 6, Lots 1 and 2., Block 7, and Outlots A, B and C, Yorlctown Addition. Coancilxan Richards and on rollcall there were. four ayes and no naps 'and the reso- therefor shall include Tracts A and E, Registered Land. Survey 1171; Tract Motion for adoption of the resolution was seconded by lution was adopted. i: REi)lB&WT' PIANOR GRANTED PFG3LiXINARY PUT APPROVAL, sented by Clerk, approved as to form and ordered placed on file. Nr. Luce pre- sented Rembrandf lianor for preliminary plat aFproval as recommended by the 'Plan- ning Commission. som2 time ago but certain conditions had not been met st that time. that all modifications have now been made and that the developers had agreed -to pay $15,600 in lieu of park land dedication. Co1mcilman Richards thereupon offered the following resolution and moved its adoption: Affidavits of Notice were pre- I Nr. Luce recalled that the plat had been brought to Council He clarified RESOLUTION APPROVING PRELIEIINARY FLAT OF W3R3RA"f MOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota that that certain Flat entitled "Rembrandt Manor", platted by Rembrandt of Edina, Inc., Federal National 2fmtgage Association, Heritage of Edina, Volunteers of America Care Facilities, Inc., and New YorkLife Insurance Compariy, and presented at the CouncilMeet5ng of the City of Edina of May 5, 1975, be and is hereby granted preliminary plat approval, subject to payment of $18,600 in lieu of park land dedication. Xotion for adoption of the resolution was seconded by Coucihnan Shaw and on roll- call there were four ayes and no nays and the resolution aas adopted. .. , EDTNA OFFICE AND PRODUCTION CENTER HEARING ON "UNSAFE BUILDING" CONTINUED TO NAY 19, 1975. As recommended by Efr. Erickson, public hearing to determine if the Edina Office and Production Center at 7651-97 Washington Ave. S. is an "unsafe" building within the meaning of Ordinance No. 471, was continued to May i9, 1975, by motion of Councilman Shaw, seconded by Councilwoman Schmidt and carried. The matter had been previously continued from April 21, 1975. .* 4 IEEELED TNDUSTRWL TMCTOR BID AWARDED. bids showing Valley Equipment bid of $7,300.00 for a John Deere tractor and Hid- wzy Tractor at $7,295.95 for a Ford tractor. Mr. Hyde presented tabulation of two As recommended by Mr. Hyde, Council- man Sha97's motion was seconded by Councilwoman Schmidt and carried, awarding the bid to Valley Equipment, inasmuch as the Ford tractor requires nodifications to . provide the auxiliary hydraulic pump needed by the City and that that modification would cost at least $lOO,OO additional. 27,550 G.V.W. CAB Fi CHASSIS TRUCKS BID AWARBED. As reconmended by Mr. Hyde, Councilwoman Schmidt's motion was seconded by Councilman Richards and carried for purchase of two 27,500 G.V.W. cab and chassis trucks from G.X.C. at $10,311.30 each with $1,400.00 allowed for one trade-in, wzs higher than the bid received by the County in December, but that these trucks had heavy duty brakes which were not included in the County bids. BICYCLZ LICEWSE PIIOCEDURE CHANGE REFERRED TO BICYCLE SA??ETY CO~IPTEE. Council's attention was called to a letter from Mr. Leo C. Meloche arid Mr. N. G. Peacock suggesting t3at bicycle licenses be issued without charge to all Edina residents participating in the bicycle safety testing inspection at Edine schools during Bicycle Safety Week. The letter was referred to the Bicycle Safety Conmi'ttee by motion of CGuncilman =chards, secozlded by Councilwoman Schmidt and carried. Xr. Hyde explained that the price PETITIONS RECEIVED. Engineering Department for processing: 2) 3) The following petitions were received',and referred to the I Ornamental Street Light at the intersection of W. 56th Street and Oakland he.; Permanent Street Surfacing and Curb for the Parkwood Knolls 19th Addition; Permanent Street Surfacing and Curb €or Grove Street from Tracy he. to John- son Drive. VALLEY VIEW ROAD STREET VACATION *HEARING DATE SET. for the vacation of Valley View Road from I?. 64th Street to the Crosstcm Highway, Councilman Shaw's motllon 17as seconded by Councilwomaa Schmidt and carried, setting hearing date for June 3, 1975. Upon receiving a petition \ .. STRICTER ORDINAHCE ENFORCEMENT REQUESTED. ail anoqmous letter complaibing about "trailers, boats and broken do%m fences in Mr. Hyde called Council's attention to - front yards" Mr. Hyde.said that he too had noticed widespread violation of the ordinance relating and requesting that the orditmnces be more strictly enforced. +. I CLS 0 06 p3 w w b 5/5/75 to recre&tional vehicles and trucks,. as well as illegal signs, and said that, if Council wished, he would instigate a rigid enforcement program. erally agreed that violators would be warned before tickets are issued. LOT 41, ROLLING GREEN AND LOT 1, BLOCK 1, BECKSTROM ADDITION DIVISION APPROVED. Being advised by Xr. Luce that the proposed division of Lot 41, Rolling Green and Lot 1, Block 1, Beckstrom Addition, would not create a buil.dable lot, and that the Planning Commission had recommended division of the property, Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, the following described tracts of land are now separate parcels: ' WHEREAS, the owners of the above tracts of land desire to subdivide said tracts into the following described aew and separate parcels (herein called "parcels") : It was gen- RESOLUTION Lot 1, Block 1, Beckstrom Addition and Lot 41, Rolling Green; and That part of Lot 41, "Rolling Green, Hennepin County, Minn." which lies Southerly of a line bearing North 83O 52' East from a point in the North- easter].~ line of Lot 1, Block 1, Beckstrom Addition distant 122.28 feet Southeasterly from the most Northerly corner of said Lot 1, except that part thereof lying Southeasterly of a line drawn at a right angle to the Southwesterly line of said Lot 41 from a point therein distant 290 feet Northwesterly of the Southwesterly corner of said Lot 41, which corner is the Northeast corner of the Southwest 1/4 of the Southeast 1/4 of the Northwest 1/4 of Section 29, Township 117, Range 21; and Lot 1, Block 1, Beckstrom Addition, except that part thereof which lies North- .. erly of a line bearing South 83O 52' West from a point in the North- easterly line of said lot distant 122.28 feet Southeasterly from the most Northerly corner of said lot. the Northeasterly line of Lot 1, Block 1, Beckstrom Addition is assumed to bear South 380 04' East; and Lot 41, "Rolling Green, Hennepin County, Minn., except that part thereof which lies Southerly of a line bearing North 83' 52' East from a point in the Northeasterly line of Lot 1, Block 1, Beckstrom Addition distant 122.28 feet Southeasterly from the most Northerly corner of said Lot 1; and that part of Lot 1, Block 1, Beckstrom Addition which lies North- erly of a line bearing South 830 52' West from a point in the North- easterly line of said lot distant 122.28 feet Southeasterly from the most Northerly corner of said lot. the Northeasterly line of Lot I, Block 1, Beckstrom Addition is assamed to bear South 38O 04' East; and For purposes of this description, For purposes of this description, WHEREAS, it has been determined that compliance with the S'ubdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the pur- poses of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinances Nos. 801 and 811; NOW, THEREFORE, BE IT XESOLVED by the City Council of the City of Edina, that the conveyance-and ownership of hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division anc onveyance thereaf as separate tracts of land but are cot waived for any other purpose or as to any other.provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Council.~~oman Schmidt and on rollcall there were fotrr ayes and no nays and the resolution was adopted. said Parcels as separate tracts of land is LOT 1, BLOCK l., GLEASON FIFTH ADDITION LOT DIVISION APPROVED. Being advised by Mr. Luce that the division of Lot 1, Block 1, Gleason Fifth Addition would not result in an additional buildable lot and that the Planning Commission had recom- mended division of the property, Councilman Shaw offered the following resolu- tion and moved its adoption: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owners of the above tract into the following descri3ed new and separate parcels (herein called "Parcels") : RESOLUTION Lot 1, Block I, Gleason Fifth Addition; and of land. desire to subdivide said tract That part of Lot 1, Block 1, Gleason 5th Addition, HennepinCounty, lying Northeasterly of the foliowing descrLbed line: 55.0 feet Northeasterly of the mose' Westerly Lot comer, said point being on the Northwesterly lot 1in.e; thence Southeasterly parallel to the Southwesterly lot line, 155.0 feet to the Southeasterly iot iine and there terminating; and Commerxing at a point: . p .d . uu 5/5/iS Lot 1, Block 1, Gleason 5th Addition, Hennepin lying Northeasterly of the following descr5-bed County, except that part line: Commencing at a ?,aint -- 55.0 feet Northeasterly of the most Westerly lot corner, said point being on the Northwesterly lot line; thence Southeasterly parallel to ths South- westerly lot line, 155.0 feet to the Southeasterly lot line and there tern- bating; and WHEREtlS, it has been deterrnined that compiisnce with the Subdivision and Zoning 2egulations of the City of Edina will create sit unnecessary hardship and the Parcels as separate tracts of land do not iiicerfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edina Ordinance Nos, 801 and 811; NOV, TEEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts of land is hereby zpproved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof iis separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Coilncil as may be provided for by those ordinances. Hotion for adoption of the resolution was seconded by Councilwornan Sclxnidt and on rollcall there were four ayes and no nays and the resolution was adopted. I PARWOOD KNOLLS 19TH ADDITIO'N GMXTED FINAL APPROVAL. wood Knolls 19th Addition for final plat approval, noting that all ordinance Nr. Luce presented Park- requirements had been met and that the Planning Comission had recormended approval. to be granted for the Parkwood Knolls area, Mr. Luce pointed out that Parkwood Knolls 19th Addition is in the Southern part of the area and that the floating deed is €or property in the Northern part of the area. Councilman Shaw there- upon offered the following resolution and moved its adoption: In response to a question of Mr. Richards concerning the floatiag deed RESOLUTION APPROVING FINAL PUT OF PARKWOOD KNOLLS 19th ADDITION BE IT'RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Parkkood Knolls 19th Addition", platted by Carl 14. Hansen and presented at the Edina City Council tfeeting of Hay 5, 1975, be and is hereby granted final plat approval. Hotion 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. .a . l3EAXING DATES SET FOR PRELIMINARY PLAT APPEOVALS. Motion of Councilman Shaw was seconded by Councilwoman Schmidt and carried, setting Nay 19, 1975, as hearing date for preliminary plat of Don Byerly Registered Land Survey and Edina Green, and setting June 2, 1975,,for hearing date €or Whitman Addition and Shadow Hill Center. HFARiNG DATE SET FOP, ZOI?II?G ORDINANCE AME8DMENT. As reconmended by Mr. Luce, Councilman Richards' motion was seconded by Councilwoman Schmidt and carried, setting May 19, 1975, for hearing date on a Zoning Ordinance amendment which would allow of€-street parking in the Comercial District, under certain condi- tions. I - HEARINS DATES SET FOR VARIOUS ZONING MATTERS. Motion of Courxilman Shaw was seconded by Councilwoman Sc-hmidt and carried, setting May 19, 1975, as hearing date for the following zoning changes: 1) Village DeTelopment Co. (Edina Green) - R-l Residential District to R-2 Milltiple ResideDtial District and PID Planned Industrial District for property gerierally located East of County Road 18 and. South of Malibtr Drive. 2) Residential District €or property located generally North of the Crosstown High- way, South of Olinger Blvd., East of Rredesen Park and Village 9 an& West of The motion also set hearzng date for JuneZ,. 1975, for the following zoning changes : 1) Robert E. Hanson (Shadow Hill Center) - R-1 Residential District to PD2 and PCl(4) Planned Commercial Districts for property generally located -at the North- east corner of the Crosstown Highway and County Road 1s. 2) Lowry Hill Enterprises, Inc. - R-l Residential District to PRD-5 Planned Residential District for property located generally on the Southwest comer .of Dewey Will, R0a.d 2nd Cahill Road. . Colonial Church of Edina - FRD-2 Planned Residential District to PD-1 Planned I Countryside Park and the Edina Fire Scation. -* HEARING DATE SET FOR VACATION OF PORTIGS OF -- LINCOLN DRIVE. Motion of Councilman Shaw t7as seconded by Councilwoman Schmidt and carried, setting June 2, 1975, for hearing date for vacation of Lincoln Drive in groposed Edina Green. -. . .. 5/5/75 I 101 OPEN SPACE, PARK CAPTTAL IMPROVEMENTS AND MINI-ART CENTER BIDS CONTINUED TO PQIY 19, 1975. Pir. Hyde recalled that, at the Council Meeting of April i4, 1375, he and Mr. Dalen had been requested to analyze rerjr-tests received from the Park Board, r 1 the Open Space Committee, the Environmenh Quality Conimission and the Planning Commission, which propose the acquisition of additional land and the improve- ment of both present and €future park areas, so that a sound financial program could be presented to Council. He reviewed the history of park development in the City, explaining that during the past several years, park developments and acquisitions have been financed primarily on a "pay-as-you-go" basis, with the principal source of capital a share of the profits of the liquor stores. Mr. Hyde recalled that grants from the County, State and Federal governments were used as part of the financing to acquire Bredesen Park and recalled also the dona- tion of the Arneson property which has a value which would now approximate one million dollars. Mr. Hype reviewed the various properties considered by the Open Space Commission, the Planning Commission and the Park Board and pointed out that the Park Board feels that maintenance and acquisition costs of pure "Protection Open Space" should not be charged against "Parks". Mr. Hyde pre- sented the following proposal which he and Mr. Dalen believe should be submitted to the voters in a three-part bond referendum: 1) Acquisition of Cahill School back lot (part by dedication), Lincoln Drive property (part by dedication), Garden Tark, Krahl Hill, and the Moore property on Melody Lake to be acquired primarily as open spa,ce at a cost of approximately $450 , 000; 2) Acquisition of the Hedberg property (part by dedication), the Hansen property (part by dedication), McCauley Trail property, the Moore property on Mirror Lakes and Rutledge House for park land at a cost of approximately $500,000; 3) Mr. Hyde proposed that the bonds, totalling $2,950,000 would be general obliga- tion, payable from property tax levy, with a total life of 15 years. Interest, based on present and foreseeable market conditions, is estiriated at 6 percent. This would produce a levy of $325,000, or not more than 1 mill per year, which levy would cost the owner of a home valued at $40,000 about $14.20 per year. Hyde also recommended that the mini-art center bids be re-bid and the center included in the bond issue after more work is done to lower the cost. Mr. Hyde presented an analysis of the Park Board's Capital Improvements program and reviewed areas in which it is difficult to determine maintenance costs and sub- sidies. In response to a question of Mrs. Robert J. Schramn, 5800 View Lane, Mr. Hyde recalled the history of the proposed art center and advised that expected contributions had not been received. Mrs. Virginia Scott, member of the Open Space Committee, urged that the Council make its determination on the bond sale as early as possible so that there would be adequate time to inform voters on the issues. Councilman Richards said that the longer the delay, the more the bond issue will cost the community. He then moved that the bond issue, along with the award of bids for the mini-art center, be continued to May 19, 1975, so that the City Attorney could determine whether Krahl Hill could legally be considered for open space acquisition in view of the existing Court action and so that the matter of expending the funds from the sale of the Edina Library for these purposes could be investigated. and carried. this time.') Mr. Vincent McConville, Chairman of the Open Space Committee, sug- gested that the money b2 split more proportionately for each question on the ballot. Park improvements at a cost of approximately $2,000,000. Mr. * I 0 Motion was seconded by Councilman Shaw (Mayor Van Valkenburg and Mr. Erickson entered the meeting at HENNEPIN COUNTY TRAESIT SYSTEM STUDY MOTED. Mr. Hoffrran reviewed the issues, goals and objectives contained in the Interim Report of the Hennepin County Trans- portation System Study. Councilman Richards, seconded by Councilman Shaw and carried. The report was accepted and ordered f31ed by motion of EDINA TRANSIT DEVELOPHENTS DISCUSSED. Mr. Hyde informed Council that Edina's Transit Commission had come up wit"zhe possibility of contracting with taxi- cab conipanies and with a "dial-a-ride" system. Rochester, N. Y. on the "dial-a-ride" system and said, that upon receipt of addi- tional information, he would recomnend thac a representative of the City be sene to that meeting. No action was taken. He referred to a meeting in HAZELTON AND FWCE AVENUE PERMANENT TRAFFIC SIGNAL AGREEMENT TJITH HENNEPIN COUNTY CONTINUED. Mr. Hyde advised Council that Hennepin County Highway Depart- ment is proposing the installation of a permanent traffic signal at the inter- section of Hazelton Road and France Ave. and that the City is being asked to pay $42,500 of the total. cost of $53,500. Mr. Duna referred to a comparison of State of Minnesota versus Hennepin County policies on traffic signals which indicated that the County maintains signsls at no cost to the City except for energy costs and that the State does not vaintafn signals at its sole expense. The matter was informally continued to give the City Manager an opportunity to investigage the possibility of assessing the signals. PL41LROAD PROPERTY TAX OPPOSED. and moved its adoption: BE IT RESOLVED that the Edina City-Couiicil opposes taxing railroad property on an ad valorem basis unless railroads would be assessed on a basis which is compar- zble with other real property, the method of allocating the assessed value to local subdivisions is fair and equitable, and the present levy limits are relaxed to pe-imit local subdivisions to receive some substantial portion of the ad Tal- orem taxes levied on railroad property; and BE IT FURTEIER RESOLVED that the Edina City Council favors the Governor's proposal to distribute all of the telephone and railroad gross earnings taxes to local' governments with half the money as spendable dollars in 1976 and thus easing the effects of levy limits. 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. BICENTENNIAL CONMISSION REQUEST FOR FUNDS FOR P-4RK DEDICATION APPROVED. As requested by Mr. Ray Bechtle, Chairman of the Edina Bicentennial Commission, Councilman Courtney's motion vas seconded by Councilwoman Schmidt and caeried, granting funds in the amount of $165.00 to finance the dedication of Frank Tupa Park - Edina Historical Center on June 15, 1975. Councilman Shaw offered the following resolution 'RESOLUTXON I EDINA ELECTION BILL PROGRESS REPORTED. 1405 (Edina Municipal Election Bill) has passed the Senate but has run into trouble in the House of Representatives. secure passage of the Bill. lfr. Hyde advised Council that Senate File Councilman Richards will endeavor to ZONING AND SUBDIVISION SITE SIGNS TO BE DESIGNED. Cities of Bloomington and Minnetonka take the responsibility for installing signs on property which is up for a zoning change or platting. Edina adopt an ordinance requiring the petitioners for zoning or subdividing to install, at their own expense, signs on the property proposed for rezoning or sub- dividing. carried authorizing the City Manager to have signs designed for this purpose. Mr. Hyde reported that the He recommended that Councilwoman Schmidt's motion was seconded by Councilman Courtney and SUBURBAN PUBLIC HEALTH NURSING SERVICE HEETING NOTED. Mr. Hyde called Council's attention to the Annual Meeting of the Suburban Public Health Nursing Service to be held on May 15, 1975, at 5:OO p.m. in the new offices at 8700 $7. 36th Street. Er. Esse will represent the City. ilsSOCIATION OF METROPOLITAN MJNICIPALzTIES MEETING NOTED. Council's attention was called to the Annual Meeting of the Association of Metropolitan Nunicipalities to be held at Xamada Inn-ScQuires at 6:30 p.m. on May 22, 1975.. Councilman Shaw %xi11 represent the City. OFJ>INANCE NO. 24541 GRANTED FIRST READING. As approve$ by the Suburban Rate Auzhority 2nd as recommended by Nr. Eiyde, Councilwoman Schmidt offered Ordinance 30. 245-A1 for First Reading as follows: ORDINANCE NO. 245-A1 AN CIZDINLWCE GRANTING TO NORTHERN STATES POWER COPPANY, A NINNESOTA. CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT OPERATE, ZZEPAIR, AND MAINTAIN, IN THE CITY OF EDINA, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEX AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, POLE LINES , AND PIXTURES AND APPTJRTENANCES; FOR AND OTHERS, -AND TO USE THE STTcZETS, ALLEYS, PUBLiC WAYS mD PUBLIC THE FUmTiSHING OF ELECTRIC ENERGY TO YdE CITY LWD ITS INHABITANTS, GBOmTDS OF SAID CITY FOR SUCH PURPOSES. ' THE CITY OF EDINA, HENNEPIN COTJNTY, MINNESOTA, DOES ORDAIN: -- Sectioil 1. There hereby is granted to Northern States Pow2r Company, a Company", during the period of 20 years from the date hereof, the right and XLnnesota corporation, its successors and assigns, hereinafter referred to as privilege of constructing, operating, repairing, and maintaining, in, on, over, under, and across the streets, alleys and public grounds of the City of Edina, Ninnesoca, hereinafter referred to as "Municipal-ity:, an electric distribution system and electric transmission lines, including poles, pole lines, and fixtures and appurtenances, usuaily, conveniently or necessarily used in connection there- with, for the purpose of. transmitting and furnishing electric energy for light, heat, power, and ocher purposes for publfc and private use in and to said biunici- paPity and the inhzbitants thereof, and others, and for the purpose of transmit- tirig into and through said Municipality such electric energy, provided that such electric distribution system and transmission lines shall be so located as in no way to interfere with the safety and convenience of ordinary travel along and oL7er said streets, alleys, and public grounds, and provided that Company, in the I1 c.22 w 5/5/73 construction, operation, repair, and maintenance of such poles, pole linesg and fixtures and appurtenances, shall be subject to such reasonable regulation as may be impqsed by the Municipalith pursuant to charter or statute, Section 2. There-is also granted to Company, during the term hereof, permis- sion and authority to trim all trees and shrubs in the streets, alleys, and public grounds of said Municipality interfereing with the proper construction operation, repair, and maintenance of any poles, pole lines, and fixtures or appurtenances, installed in pursuance of the authority hereby granted, provided that Company shall save said Municipality harmless from any liability in the premises. Section 3. Company for electric service in Municipality are subject to the jurisdiction of the Minnesota Public Service Commission, or its seccessor agency, as provided by Laws 1974, Chapter 429. Whenever Municipality shall grade, regrade or change the line of any street or public place or construct or reconstruct any sewer or water system therein and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities loc- ated in said street or public place, Company shall relocate its facilities at its own expense. plans to grade, regrade or construct any sewer or water system therein. in this ordinance contained shall deprive Company of its rights under Minnesota Statutes, Section 161.46, as amended. Where the Nunicipality orders in writing Company to relocate any of its Eacilities, Company shall proceed with such relocation. If such relocation is done without an agreement first being made as to who shall pay for the relocation cost, such relocation of the facilities by Company shall not be construed as a waiver of its right to be reimbursed €or the relocation cost. If Company claims that it should be reimbursed for such relocation costs, it shall in writing notify the Municipality within ten days after receipt of such order. the vacation of any street, alley, public way or public ground, after the installation of electrical facilities, shall not operate to deprive Company of the right to operate and maintain sxch electrical facilities, until the reason- able costs of relocating the same and the loss and expense resulting from such relocation are first paid to Company. employees, and agents free and harmless fron any and all liability on account of injury to persons or damage to property occasioned by the construction, mainten- ance, repair, reinoval, or operation of Company's property located in, on, over, under, or across the streets, alleys, public ways, and public grounds of Munici- pality, unless such injury or damage is the result of the negligence of Nunici- pality, its employees, officers, or agents, or results frbm the performance in a proper manner of acts reasonably determined to be hazardous by Company, but such performance is nevertheless ordered or directed by Municipality after notice of such determination by Company. In the event that suit shall be brought against Municipality under circumstances where the above agreement to indemnify applies, Company, at its sole cost and expense, shall defend Municipality ia such suit if written notice of the suLt is promptly given to Companjr within a period wherein Company is not prejudiced by lack of such notice. If such notice is not timely given, as hereinbefore provided, Company shall have no duty ti indemnify Eor defend. have complete control of such litigation, but Company may not settle such litigation without the consent of the Municipality which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or inmunity otherwise available to the Company, and the Company, in .defending any action on behalf of the Municipality, shall be entitled to assert &-i any such action every dzEense or immunity that the Nunicipality could assert in its owa behalf. and authority to assign to any person, persons, firm, or corporation all the rights conferred upon it by this Ordinance, provided that the assignee of such rights, by accepting such assignment, shall become subject to the terms and provisions of this Ordinance. separate from every other section, provision, or part; and if any section, pro- vision, or part shall be held invalid, it shall not affect an)7 other section, provision or part. granted, file a written acceptance of the rights hereby granted with the Munici- pality within 90 days after finai passage of this Ordinance by the Hunicipality. The service to be provided and the rates to be charged by Section 4. Municipality shall give Company reasonable written notice of Nothing Section 5. Except where required solely for a:,municipal improvement projec-, Section 6. Company shall j-ndemnify, keep, and hold Municipality, its officers, I If Company is required to indemiify and defend, it will hereafter Section 7. Company upon written notice to Mmicipality shall have full right Section 8. Every section, provision, or part of this Ordinance is declared Section 9. Company shall, if it accepts this Ordinance and the rights hereby ‘* -.&y. ’. -I *- - Section 10. Section 11. This Ordinance is effective as, prpvided by statute or chagter, Nothing in this Ordinance shall be constmed to deprivq, nodify and acceptance by Company .as provided in Sec.tiun 9. 1 .. : or inpair. any right, power or duty ,conferred upon 3lunicipality by Laws 1974, Chapter 429, or any right of Municipality to participate, pursumt to 1a~1, in any organization of municipalities \chose puzpose is to study electric.rates,and practices of Company and to participate, in accordance $th law, in proceedings before a-y state or federal agency having jurisdiction over any aspect of Company’s operations relating to electric rates or service in the Nunicipality. required by law shall be paid by Company. with the provisions of this Ordinance,-the provisions of this Ordinance shall prevail. ‘PUBLIC SAFETl COMMUNICATIONS SYSTEM PARTICIPATION AUTHORIZED. Mr. Hyde, Councilman Courtney offered the following resolution and moved its adoption : RESOLUTION AUTHORIZING PARTICIPATION IN PLANNING Section 12. Section 13. The expense of any publication of this franchise Ordinance Where a provision of any Ordinance of the Municipality conflicts As recommended by COUNTY-WIDE PUELIC SAFETY COXMUNICATIONS SYSTEI-I SdHEREAS, public safety agencies have expanded in number and size throughout Hennepin County in response to population growth and the complexities of an urbanizing society; an6 WHEREAS, such expansion of public safety agencies has been supported by a variety of communication systems enhancements over the years; and WHEREAS, factors such as county population, urban complexity, greater citizen expectations, limited radio frequencies, and approaching saturation of certain radio frequencies, among other factors have reached a point where it is neces- sary to re-evzluate all components of the existing public safety communications systems 3n Hennepin County; and blHERE,AS, a nation-Wide trend , combined with mandating pending state legislation - suggests that the univecsal 911 emergency telephone reporting concept is immin- ent; and :vWREAS, the interjurisdictional nature of public safety service in an urban . society suggests that economies and improved service levels-could be realized -- through cooperative planning for the appropriate coordination an6 sharing of facilities, resources and available pxblic safety radio frequencies; .azid \?HEGAS, the Hennepin County Criminal Justice Council has earlier created and . authorized a piblicbsafetjr Communications Steering Committee to study, recommend and coordinate the upgrading and enhancement of public safety communications systems in Hemepin County; and IJIIEREAS, law enforcement agencies in Hennepin County are currently involved in replacing or modifying certain radio communication systems to comply with the Minnesota Police Radio Communications Plan, the major cost of which is being and will be financed by federal funds through the Law Enforcement Assistance Admin-. istration; NOR; THEREFORE, BE IT RESOLVED by the City Council of the City of Edina to declare its intent to participate in the detailed planning of an enhanced public safety communicatiozs system within Hennepin County and to direct its chief- adiri%nistrative,officer to.participate with the Hennepin County Administrator and representatives of cjthez iocal government units in evaluating and planning an advanced county-wide public safety communications system which shall include a 911 emergency telephone reporting component; and BE IT FL?T€IXR RESOL’GD that the 2roduct of such evaluaticn md planning shall Tnclude capftal and operating cost estimates and shall include recommendations for the establishment of a communications system User Board to insure participa- “Lion and direction by all governmental bodies electing to participate in the resulting public safety communications system. Noticn for adoption of the resolution W~S seconded by Councilman Shaw and on roll- cdl. there were five ayes and no nays and the resolution was adopted. 1 AEIEMDMl3NT OF JOINT POWERS AGREEMENT WITH HENNEPIN COUNTY-COIG?lUNLTY DEVELOP>ENT_ ACT AUTHORIZED. As recommended by Mr. Luce, Councilman Shaw offered the follow- iEg resolution and moved its adoption: TEEREAS, the City of Edha is a party to the Joint Cooperation Agreement signed in January, 1975, in accordance with IEnnesota Statutes, Section 471.59, which was Eade by and between the County of Hennepin and the City of Edina for the purpose of authorizing county to assfst city in undertaking essential comunity development and housing assistance activities pursuant to community development block grants as authorized by the Housing and Community nevelopment Act of 1374, Title I of Public Law 93-383; and ilmEREAS, there exists a need to amend the Agreement BS imparted in zi letter of findings relative to agreement from David 0. Meeker, Assistant Secretary, BUT), dated mrch 5, 1975; - RESOLUTION i t. . ;, !- I. I t. NOW,^ THEREFORE, BE IT RESOLVED by the City Council of the City of.Pdina: I 1. 2. 3. The following amebd6ents to the aforementioned agreement are approved: Article 111, Section 2 is .amended to read: to authorize county to cooperate with city in undertaking, or assist in under- taking, essential community development and housing assistance aetiviths, specifically urban renewal and publicly assisted housing, pursuant to com- munity development block grants as authorized by the Act and the Rogulaeions. Article 'rV, Section 8 is added to read as follows: "8. Nothing in this Article shall be construed to lessen or abrogate county's responsibility to assume all obligations of an applicant under the Act, including the develop- ment of the housing assistance plan, the three-year community development plan summary, the community development program, and the certification to be signed by it." Article V, Section 2 is amended by adding a paragraph: informed in writing by the Department of Housing and Urban Developmenk that the distribution affected by Section 1 of thls Article does not comply with Title I of the Housing and Community Development Act of 1974, the County shall effectuate a different distribution if necessary to comply with the Ace. No such action-shall be taken, however, until and unless the proposed different distribution shall have been presented for reviev and comment by the coopera- The amendments set forth.-herein shall not be effective as to the city or county until a certified copy of this resolution has been filed with the County Administrator by the county and all cities having entered into idenci- cal agreements with county. It is the intent of the Council that the amendments set forth above are amend- ments to the basic agreement between county'and city filed in the office of the County Administrator on January 29, 1975, and said resolution shall be appended to said contract and made a part thereof. "The purpose of this agreement is II "If the County is ting cities. 'I .- -_ 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. PINBALL MACHINE ORDINANCES TO BE REVIEWED. Council's attention was called to a letter from Curtis E. Breckon objecting to Edina's ordinance which prohibits persons under eighteen years of age from playing pinballmachines. check to see whether or not other suburbs have similar ordinances. Mr. Hyde will 5804 OLINGER ROAD SANITARY SEWER AND WATER MAIN CONXECTION CHARGE PAYXENT APPROVED. Mr. Dunn explained that the property owner at 5804 Olinger Road is unable to con- nect to Sanitary Sewer No. SS-258 and Water Main No. WM-219 €or which he was originally assessed and that the developers of Green Hills will pernit connections to their utility system. He said that the cost of connecting to the Green Hills utilities is approximately the same as the balance due. As recommended by Mr. Dunn, Councilman Shaw offer.ed the following resolution and moved its-adoption: BE IT REXOLVED by the Edina City Council that the assessment for Sanitary Sewer No. 58-258 and Water Main No. WI-21.9 for 5804 Olinger Road be permitted to stand, but that the owner of said property be permitted to connect to the Green Hills sanitary sewer and water main; and BE IT FURTHER RESOLVED that the City of Edina reimburse Blake Ridge Associates (Builtmore Construction Company), the developers of Green Hills, from the Improvement Fund in the amount of $3,606.00. Motion for adoption of the resolution was seconded by Councilwonan Schmidt and on rollcall there were five ayes and no nays and the resolution was adopted. WESTERN EDINA ROAD DECISION'DISCUSSED. Xayor Van Valkenburg noted thgt, in the Planning Comiiission Minutes of March 26, '1975, Mr. Richard Kremer had criticized the fact that the proposed road changes and traffic study for Western Edina were "handled entirely at the staff level, without any Planning Commission involvement" Mayor Van Valkenburg recalled that'the Council had directed the staff to meet and work out the best road patterns for the area and said that he would be glad to respond personally to Mr. Kremer's questions. WAWN C. HYDE COI*fiENDED ON COMPLETION OF TFJENTY YEARS AS EDINA'S CITY EIANAGER. Mayor Van Valkenburg advised Council that Mr. Hyde has now completed his twentieth year as City Manager of Edina and offered his sincere congratulations,on this ' "event of historic .importance". RESOLUTION U. S. GEOLOGICAL SURVEY TO DO FLOOD STUDY FOR CITY. Mr. Dunn advised-Council that he had just received notice that HUD has.contracted with the U. S. Geologi- cal Survey to do a flood study for the City of Edina. contract for the study which will take seventeen months. Barr Engineering has the 5/5/75 .- c #* 1 - CLAIMS TAID. and carried for payment of the following claimsras per Pre-List: $57,878.30; Construction Fund, $1,315.37; Park Funds, $26,936.69; Water Funds, $13,017.97; Liquor Fund, $124;071.12; Sewer Fund, $56,942.40; Improvements, Nction of Councilman Courtney, was seconded by Councilimman Schmidt General Fund, $75,894.81; Total, $356,056.66. i- The agenda having been covered, Councilman Shaw's motion for adjourwent was I seconded by Comcilman Richards and carried. Adjournment,at.9:35 p.m. ! . .. _. ..