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HomeMy WebLinkAbout19750519_regularMINUTES OF THE REGULAR MEETIN\= OF THE EDINA CITY COUNCIL HELD AT CITY HALL ON US .19, 1975 I ,f .. I Answering rollcall were members Courtney, Richards; Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of April 21, 1975, were approved as 'submitted by motion of Councilman Courtney, seconded by Councilman Shaw and carried. STORM SEWER-IMPROVEMENT NO. P-ST.S-143 CONTINUED TO JUNE 16, 1975. Being advised that proper notice had not been given on Storin Sewer Improvement No. P-ST.Stl43, Councilman Courtney's motion was seconded by Councilwonan Schmidt and carried, setting a new hearing date for June 16, 1975. COLONIAL CHURCH OF EDINA ZONING REQUEST CONTINUED TO JUNE 2, 1975. Notice were presented by Clerk, approved as to form and ordered placed on,>file. Affidadts of Mr. Luce presented the request of Colonial Church of Edina for a zoning change from PRD-2 Residential District to PRD-1 Planned Residential District for property gen- erally located North of the Crosstown Highway, South of Olinger Blvd., East of Bredesen Park and Village 9 aIzd West of Countryside Park and the Edina Fire Station. Mr. Lyce recalled that the staff had recommended that town houses were the highest and best use for the property but that the Planning Commission had recommended in favor of Colonial Church as being a reasonable use for the property. said that it might be that a portion of this twenty-five acre site might have to be taxed as excess land unless it was actually put to use by the church..,, It was clarified that minimum size required for the site for a church is five acres. Mr. Larry Laukka, member of the Building Committee of the church, said that the church has outgrotm its present location at 56th and Wooddale Avenue. He reviewed the history of the church and said that the proposed church would contain 650 seats and parking provisions for 220..cars. Mr. Laukka explained that the church had been designed with the town houses and homes in the area in mind as to scale and shape. Mr. Hamel, the architect, presented the site plan and cross sections illustrating the entire parking lot, explaining that much of the build- ing itself would be hidden by a'15 foot berm which would be constructed to the North. He explained that the parking lot would be depressed into the hill and that the long drivewzys desig~ed to provide access to the site would accom- modate traffic without causing a problem in the neighborhood, adding that the church is complying with the standards of the Environmental Quality Commission and the Watershed District. In response to a question of Councilman Richards, it was explained that the buildable portions of the site are limited and that the exten- sion of the hill would shield the parking lot from view of the neighbors and would provide for sound abatement. Discussion was had as to the comparative traffic patterns of a church as opposed to traffic patterns of the town houses originally proposed. which would be adequate for 650 seats, but that if the size of the church should be increased to 1,000 seats, the parking lot would have to be increased 50%. Hamel said that those parking facilities could be constructed along the Western boundary. Council was'assured that th2 church would be glad to discuss the matter of the land immediately adjacent to the park with City officials. Spence, 5900 Olinger Blvd., said that neighbors had met with representatives of the church, and, while not generally opposed to the rezoning or general plans, did have the following concerns about the layout: South toward the Crosstown Highway, thbs saving the hill? to come in from Tracy Avenue and circle in front of the town houses? of the parking area to neighbors on the West and the North; 4) ing that may be used; 5) The possibility of moving the parking lot; 6) Concern about landscaping the berm; The possibility of constructing ingress and egress from Tracy Ave. Mr. Spence then requested that the hearing be continued for thirty days so that residents could meet again with the church, and sub- initted a petition requesting that the matter be held over for thirty days so that alternate proposals could be discussed for building "an adequate church com- plex for its use without moving lakes, destroying lovely hills and replacing them with asphalz parking lots, building unnecessary roads and doing other damage to the adjacent homeowners and to the residents of the Village of Edina in general." Mr. D'aniel Grant, representing residents of Nine Mile Village joined in Mr. Spence's request. hill entirely and said that the church has used extreme concern and care in the proposed developnent and that they would meet with residents at the time they are developing their landscape plans, and advised that the purchase agreement between the church and Pemtom expires next month. is only for concept approval and that the project would have to go back to the Planning Commission with final development plans before coming back to the Council. Mr. Hyde Mr. Hyde pointed out that the church is providing parking facilities P1ro Mr. Russell: 1) Could the entire site be moved to 2) Does the road need 3) Proximity The type of light- 7) Mr. Laukka recalled that Pemtom had proposed to eliminate the Efr. Luce explained that this hearing 5/13/75 7- >=. -Q llowing considerable discussion, Councilman Courtney's motion was seconded by Councilman Shaw and carried, continuingthe hearing for two weeks in order to give additional t5me for further discussion between the church and the neighbors. 3k. Laukka reminded Council that he does not believe that it will be economically feasible to encroach further on the pond. In reponse to a question of Councilman Shaw, Mr. Laukka said that there has been some discussion of building a home for the aged on the site but that there are no specific plans at this time. io ORDINAXCE NO. 811-AGl CONTINUED TO JUNE 2, 1975. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Countilman Shaw's motion was seconded by Councilman Courtney and carried, that the hearing on Ordinance No. 811-A61 be continued to June 2, 1975, to give Council an oppor- tunity to study the ordinance. VILLAGE DEVELOPMENT COMPANY (EDINA GREEN) REQUEST FOR ZONING CHARGE CONTINUED TO_ JUNE 2, 1975. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Village Develop- ment Company (Edina Green) for a zoning change from R-3. Residential District to K-2 Multiple Residence District and PID Planned Industrial District for property located generally East of County Road 18 and South of Malibu Drive. advised. in question, and that the formal hearing on abandoning the road would be held at the next meeting. Mayor Van Valkenburg questioned the reasons for abandoning Lincoln Drive, in view of the fact that residents in the area need additional means of ingress and egress to the North and Vest. acres of the 18.9 acre site is in the flood plain and cannot be built upon any- way, Councilman Richards suggested that the City require cash in lieu of park- lands. Nr. Edward E. Powers, 5500 Parkview Lane, objected that'the'size'of.the lots in the proposed plat would-.be detrimental to his property. explained that it is typical for lots on a cul-de-sac to have a smaller street frontage and that the average lot is 13,000 Square feet, being slightly larger to the North and considerably larger to the East. represented Parkwood Road and Malibu Drive residents and requested that the matter be continued to give residents a better opportunity to review the plat and so that Schaefer Road and View Lane residents could be advised of the devel- opment and so that the ovgrall development plan could be studied with traffic problems in mind. Mr. Andraw Montgomery of Parkwood Road urged that the matter be continued so that the vacation of Lincoln Drive could be discussed at the same time as the plat and zoning. Mr. Gary Peterson, President of Village Dev- elopment Company suggested that Council and neighbors drive through Arrowhead Addition and compare the type of development. following which Councilman Courtney's motion was seconded by Councilwoman Schmidt aad carried, continuing the hearing to June 2, 1975, in order to study the over- all plan for the area. He also that the proposal calls for abandoning Lincoln Drive through the area Stating that about seven Mr. Luce Mr. Rick Davies said that he Considerable discussion ensued, '. EGIXA GREEN PP;ELIMINARY PLAT APPROVAL CONTINUED TO JUNE 2, 1975. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Tine prelbinary plat for Edina Green having been generally discussed with the zoning change requested by Village Development Company, Councilman Courtney's - mDtion to continue the hearing on Preliminary Plat Approval for Edina Green until June 2, 1975, was seconded by Councilwoman Schmidt and carried. DON BPERLY REGISTERED LAND SURVEY GRANTED PRELIMINARY APPROVAL .: -Affidavits of Notice were presented by Clerk, epproved as to fom and ordered placed on file. le. Luce presented Don Byerly Registered Land Survey, located at 5204 Blake Road, for preliminary approval, He pointed out that the Registered Land Survey is made up of Lots 39, 40 and the North half of Lot 41, Auditor's Scbdivision Number 325 and Outlot A, Evanswood 2nd Addition and that it is proposed to create two lots out of all of the property. said that the property could be served with sewer and watermain. City Attorney Erickson responded to questions from the Council by recalling that the ordinance provides that only one building may be constructed on any one lot. Councilman Courtney thereupon offered the following resolution and moved its adoption: Planning Commission had recommended approval and RESOLUTION APPROVING PRELIMINARY APPROVAL FOR DOH BYERLY RSGISTERED LAND SURVEY BE IT RES6LVED that that Registered Land Survey, platted by Don Byerly and-pre- -. - sented at the Council Meeting of the City of Edina on May 19, 1975, generally ,loczted at 5204 Blake Road (Lots 39, 40 and the North half of Lot 41, Auditor's Subdivision Number 325 and Outlot A, Evanswood 2nd Addition) be and is hereby granted preliminary approval. MDtioii for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and the resolution was adopred. 5/i9/75 -- EDINA OFFICE AND PRODUCTION CENTER (765 1-97 WASHINGTON AVENUE) DETERMINED of the Edina Office and Production Center at 7651-97 Washington Ave. S., and "DANGEROUS" WITHIN MEANING OF ORDINANCE MO. 471. Mr. Erickson recalled that - Inland Construction Company had agreed to cooperate in the installation of a sprinkling system, but had taken no action at thfs time. esh presented slides of-the building and explained the various problems and dangers involved, particularly because of the existence of unprotected structural steel in the building. Chief Buresh explained "fire resistance" and pointed out that the building does not meet the Building Code. He said that he had surveyed the building and had estimated the cost of installation of a sprinkler system to be between $51,000 and $55,000, or 5% of the value of the building. Mr. Erickson pointed out that, even though a Certificate of Compliance had been issued, the City is still entitled to keep up with current technology in the enforcement of its ordinances. Councilman Shaw thereupon offered the following resolution and moved its adoption: BE IT RESOLVED that the City Council of the Cith of Edina finds that the buildings at 7651-7697 Washington Ave., legally described as Tract D; and that part of Tract C lying South of the North 140.4 feet, as measured along the West line thereof; the North 16.08 feet of Tract E, as measured along the West line thereof; Registered Land Survey No. 1283, Files of Registrar of Titles, County of Hennepin, and owned by Ed'ina Office and Production Center, are dangerous and should be repaired and directs the City Attorney to prepare Findings of Fact and an Order for approval by the Council. 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 adopt&d. . Fire Chief Robert Bur- . . RESOLUT TON I WATER TREATMENT CHEMICALS BID AWARDED. quantity of chemicals used by the City, the delivery system with two dealers for bids awarded by Hennepin County would have been impractical,. the price for the only bid received in..response to Advertisement for Bids in, the Edina Sun and the Construction Bulletin was very good and recommended award 6f bids to the only bidder, Van Waters and Rogers (formerly Lyons Chemicals) for the following: Mr. Hyde recalled that, with the large He advised that 70,000 lbs. chlorine at $18.92 per l50# cylinder - $8,820.00 100 , 000 lbs. hydrof lousilicic Acid at 69c per pound - $69 , 000.00 Councilman Courtney's motion was thereupon' seconded by Councilwoinan Schmidt and carried, for award of bid to Van Waters and Rogers as recommended by the City Manager. REQUEST FOR ORDlXANCE 331 AMENDmNT NOTED. Council's attention wizs called to a 'letter from Ms. Elizabeth Selden, 6212 Crest Lane, requesting that Section 1 of Ordinance No. 331 be amended by the addition of ". .. or any cat, or cats, which consistently stalk with the intent to maim and kill birds and small animals indigenous to the naturai setting of private property." said that it would be difficult to determine the "intent" of the cat and that such an amendment would be difficult to enforce. He recalled that, under the existing ordinance, Ms, Selden could file a complaint about the cat. was taken. Councilman Courtney No action EETITIO3S -RECEIVED.. Councilman Courtney's motion was seconded.by Councilman Shaw and carried, accepting the following petitions and referring them to tlie Engineer- ing Department for processing: 1. 2. Lanham Lane - Water Main, Sanitary Sewer, Permanent Street Surfacing and Curb - Outlot A, M. P. Johnson's Prospect Hills Addition Doncaster Way from Ayrshire Blvd. to Lochloy Drive - Water Main REMBRANDT MAEOR GRANTED FINAL PLAT APPROVAL. the Planning Commission, Councilman Shaw offered the following resolution and moved its adoption: As recommended by the staff and by *RESOLUTION APPROVING FINAL PLAT OF REMBRANDT MANOR BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Rembrandt Manor", platted by Rembrandt of Edina, Inc., Federal National Mortgage Association, Rembrandt Enterprises, Inc., Eberhardt Comp'any, Heritage of Edina, Inc., Volunteers of America Care Facilities, Inc., and New York Life Insurance Company and presented at the Edina City Council Meet- ing of May 19, 1975, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilman Courtney and an rollcall there were five ayes and no nays and the resolution was adopted. OPEN SPACE, PARK LAND AND PARK CAPITAL IICPROVEMENTS BOND ISSUE ELECTION TO BE HELD. Mr. Hyde referred to Becommended Transfers prepared by Mr. Dalen after rwiew of various park related funds as instructed by the Council at its meeting of May 5, I 2975. e. Eden advised thatpovners of some of the land under consideration for acquisition by the City had been approachedkand that they are asking 40% more than had been expected. In view of this fact, Mr. Dalen recommended that a re€erenduiii for a bond issue of approximately $2,950,000 be subnihtted to the voters. idea of just how much the anticipated' land acquisition should cost. reviewed recommended transfers of funds needed to cover the Park Department deficits which were set forth ia his Statement of Recommended Transfers. He said that the General Fund analysis has not been coinpleted for 1974, so he does not have a firm figure regarding the balance in the surplus accounts, 3ut estimated the amount to be about $100,000. He also recommended that the pro- posed AsC Center should be part of the bond issue, but added that, if Council wished to build the Center before the bond issue, Revenue Sharing Funds could be used for this purpose. that the transfers be approved to clear up outstanding deficits before the bond4 issue. in response to a question from Mayor Van Valkenburg, Councilman Richards ssid that it had been his understanding that Council would make the transfers- for those items that were not included in the deficits and that the net items wozld be eliminated from the park recommendations items included in the bond issue. Mr. Vincent McConville, Jr.,. Chairman of the Open Space Committee, recommended approval of the transfers. In response to a questiorr of an uniden- tified lady in the audience, Mr. Hyde said that the proposal presented at the . Council Meeting of May 2, 1975 for Open Space included property South of Cahill School, Lincoln Drive property, Garden Park, Krahl Hill and the Moore property on lfelody Lake, for a total of $450,000. He added that park lands proposed $9 be acquired would include parts of the Hedberg and Carl Hansen properties, IcCauley Trail property, the lioore property on Mirror Lakes and the Rutledge house on Rutledge Avenue, for a'total of $500,000. Mr. Jack liice, Chairman of the Park Board, said that the Board had not had an opportunity to review H~L- I)aleG's recommendations and requested that the matter be continued for its review. m. Rice also recommencled that action be taken this'year on the offer of the Thorpe family to provide matching funds for the construction of a hockey rink in Utley Park. Mr. Daleh said that this project could be included in the bond - issue and still be accomplished in the fall. Mr. Dalen suggested that the Utley Park proposal could be continued until after the next Park Board meeting. naa Courtney's motion approving the transfers at this time died for lack of a second. Councilwoman Schmidt's motion that the transfer of funds be continued to the next meeting was then seconded by Councilman Courtney and carried. =an Courtney then moved that a referendum consisting of three questions on the acquisition of Open Space, acquisition of Park Lands and Park Development be held on September 23, 1975. Motion was seconded by Councilman Shaw and on rollcall there were five ayes and no nays and rhe motion carried unanimously. Mr. Richard Seaberg, 6108 Arctic Way, said that proponents of the bond issue are not really working together and suggested that the Council seriously consider "one package'' for the bond issue because he believed that three separate alternates would create internal conflict and confusion. Mr. Seaberg also suggested that Council zppoint a "Sell Cornittee" immediately. Mayor Van Valkenburg then suggested that Mr. Hyde, Mr. Dalen and Mr. Rosland work together with someone from the Park Board and a member of the Open Space Committee to get the specific facts before the public. efforts in determining the needs of the City. FRAXCE AVENUE PRELIMIZARY PLAN APPROVAL CONTINUED TO JUNE 2, 1975. Hr. Dunn pre- sented a preliminary plan submitted by Hennepin County for increasing France Ave. Setween the Crosstown Highway and W. 70th Street to sis lanes of traffic and for signalization and indication of turning lanes. Drive, questioned the wisdom of tearing up France Avenue at the same time Chat T.H. 100 was undergoing construction. section of France Ave. at Interstate Highway 494. Following some discwsion, Councilwoman Schmidt's motion vas seconded by Councilman Courtney and czrried that the matter be continued to June 2, 1975, so that Mr. Dunn could contact the Ccunty for answers of these questions. HEARING DATES SET FOR VARIOUS 1MPROWWf"S. As recommended by Nr. Dunn, Council- man Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON EIe added that within the next month or so, the City should have a good Mr. Dalen Nr. Hyde concurred in llr. Dalen's recommendations 1 1.. Council- I Council- He then thanked the Park Board and the Open Space Coattee for their Mrs. William Scott, 6613 Southdale She also asked about plans for the inter- VARIOUS PUBLIC IWROVEMENTS The City Engineer, having submittec? to the Council a preliminary report as to 1. the feasibility of the proposed public improvements described in the form of Notice of Hearing set forth below and as to the estimated cost of such improvements, said report is hereby approved and directed to Ze placed on file in the office of the City Clerk. 2. This Council shall meet on Monday, June 2, 1975, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons interested in said improvements. s / z p /.75 3. The Clerk is hereby authorized and direc Zd to cause noti 3 of the time, cp 0 00 p3 ctj W I I' place and purpose of said rneeting to be published in the official newspaper once a week for two successive weeks, the second of which'publication is to be not less than three days from the date of said meeting,'and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA . HENNEPIN CO'JNTY, MINNESOTA NOTICE OF PUBLIC HEARINGS CONCRETE CURB AND GUTTER ORNAMENTAL STREET LIGHT IMPROVEMENT NO, P-B-86 IWROVEKENT NO. P-L-I 1 PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-206 IMPROVEMENT NO. P-BA-207 IMPROVEMENT NO. P-BA-208 WATERMAIN IMPROVENENTS NOS. P-WM-294 AND P-WM-295 .. SANITARY SEWER IMPROVEMENT NO. P-SS-324 STOPa SEWER IMPROVEMENT NO. P-ST. S-144 CONCRETE SIDEWALK IMPROVEMENT NO. P-S-13 .. Edina City Council will meet at the Edina City Hall on Monday, June 2, 1975, at 7:OO p.m., to consider the following proposed improvements to be constructed . under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: The apploximate 1. 2. 3. 4. 5. 6. 7. CONSTRUCTION OF CONCRETE CURB APTD GUTTER IN TldE FOLLOWING: A. IMPROVEMENT NO. P-B-86 Oaklawn Avenue from W. 59th Street to W. 60th Street CONSTRUCTION OF ORNAMENTAL STREET LIGHT IN THE FOLLOWING: A. IMPROVEMENT NO. P-L-11 CONST.RUCTION OF PERMANENT STREET SURFACING AND CONCRETE W. 56th Street and Oaklawn Avenue CURB AND GUTTERJN THE FOLLOWING:' A. IMPROVEMENT NO. P-BA-206 All Streets in Parkwood Knolls 19th Addition Grove Street from Johnson Drive to Tracy Avenue Lanham Lane from South line of M.P. Johnson's Prospect Hills 3rd Addition to Fleetwood Drive CONSTRUCTION OF WATERMAIN IN THE FOLLOWING: B. IMPROVEEBNT NO. P-BA-207 C. IMPROVEEBNT NO. P-BA-208 A. IMPROVEMEET NO. P-WM-294- B. 1MPROVEl"T NO. P-WM-295 -. Doncaster Ray from Croyden Lane to Ayrshire Blvd. Lanham Lane from South line of M.P. Johnson's Prospect Hills 3rd Addition to Fleetwood Drive CONSTRUCTION OF SANITARY SEWER IN THE FOLLOWING: A. IMPROVEMENT NO. P-SS-324 Lanham Lane from South line of M.P. Johnson's Prospect Hills 3rd Addition to Fleetwood Drive CONSTRUCTION OF STORM SEWER IN THE FOLLOWING: A. T~PilOI%~NT NO. E'-ST.S-144 ~ Lanham Lane from South line of M.P.Johnson's Prospect Hills 3rd Addition to Fleetwood Drive CONSTRUCTION OF CONCRETE SIDZWALK IN THE FOLLOWING: A. IMPROVEMENT NO. P-S-13 ESTIMATED COST $ 15,029.57 $ 1,187.20 $ 54,616.15 $ 14,215.61 $ 25,807.71 $ 16,340.41. $ 13,044.36 $ 14,042.44 $ 4,552.91 $ 37,379.29 Both sides Fazelton Road from France Avenue to York Avenue The area proposed to be assessed for the cost of thE proposed Concrete Curb and Gutter under 1 (A) above (Improvement No. P-13-86) includes Lots 1 through 12, incl., Block 14, and Lots 13 through 2L, incl., Block 15, Fairfax Addition. The area proposed to be assessed for the cost of the proposed Ornamental Street Light under 2 (A) above (Improvement No. P-L-11) includes Lot 10, Block 12, and Lot 11, Block 13, Soath Karriet Park Addition; Lot 1, Elock 1, Colonial Square Addition; and Lot I, Block 1, Edwards Addition. The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing and Concrete Curb and Gutter under 3 (A) above (Improvement No. P-BA- 206) includes Lots 1.through 4, incl., Block 1; Lots 1 and 2, Block 2; Lots 1 through 4, Encl., Block 3; Lots 1 through 12, incl., Block 4; and Lots 1 through 14, Block 5, Parkwood Knolls 19th Addition. 5/19/75 \The zrea proposed to be assessed for the cost o(17he proposed Permanent Street Sur- facing and Concrete Curb and Gutter .under 3 (B) above (Improvement No. P-BA-2071 . ~ includes Lots 11 through 14, incl., Green Leaf Nanor; Part of Lot 45, Warden Acres; and Lots 1, 34, 5 and 7, Block 1, Lyle Addition. The aTe2 proposed to be assessed for the cost of the proposed Pernanent Street Sur- facing and Concrete Curb and Gutter'under 3 (C) above (Improvement No. P-BA-205) includes Lot 3, Slock 1 and Lot 1, Block 3, M.P. Johnson's Prospect Hills; Lots 1 .. through 7, incl., Block 1; and Lots 1 through 10, incl., Block 2, M. P. Johnsqn's Prospect Hills 3rd Addition. The area proposed to be assessed for the cost of the proposed Vaterrcain under 4 (A) above (Improvement No. P-l@l-294) includes Lots 1 through 5, incl., Block 2, 1 Rosendahl's 2nd Addition to Edina Highlands. The'area proposed to be assessed for the cost of the proposed Watermain under 4 (B) above (Iniprovement No. P-WM-295), the cost of the proposed Sanitary Sewer under 5 (A) above (Improvement No. P-SS-324) and the cost of the proposed Storm Sewer under 6 (A) above (Improvement No. P-ST.S-144) includes Lots 1 through 7, incl;:, Block 1 and Lots 1 through 10, incl., Block 2, M.P. Johnson's Prospect Hills 3rd Addition and Lotz3.i Block 1, M. P. Johnson's Prospect Hills The area proposed to be assessed for the cost of the proposed Concrete Concrete Sidewalk under 7 (A) above'(improvement No. P-S-13) includes Lots 4 and 5, Block 1; Lot I, Block 2; Lots 1, 2 and 3, Block 6; Lots 1 and 2, Block 7; and Outlots A and B, Yorktown Addition. \ Florence B. Hallberg City Clerk $lotion for adoption of the resolution was seconded by Councilwoman Schmidt and"'on rollcall there were five ayes and no nays and the resolution was adopted. STEZET LIGHTING I>IPROVEElENT L-10 BIDS TO BE TAKEN. Councilman Richards offered the following resolution auShor2zCng taking bids for Street Lighting Improvement No. L-10 and moved" its adoption: As recommended by Mr. Dunn, RESOLUTION APPROVING PLANS AND SPECIFICATIONS . FOR PROPOSED IMPROVEMENT AND DIRECTING ADVERTISEEBNT FOR BIDS FOR STREET LTGHTING IEPROVEMENT L-10 I BE IT RESOLVED BY THE CITY-COUNCIL, CITY OF EDINA, MINNESOTA: 1. following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bulle- tin the following notice for bids for improvements: (Official Publication) HENNEPIN COUNTY, MINNESOTA ADVERTISENENT FOR BIDS STREET LIGHTING STANDARDS WITH OFWAWNTAL HIGH PRESSURE SODIUM LUMINAIRES (I$IPROV%MENT NO. L- 10) BIDS CLOSE JUNE 13, 1975 T;'re plans and specifications for the proposed improvement set forth En the CITY OF EDINA SULLD BIDS will be received and opened in the Council Chambers in the Edina City Hall, 4801W. 50th Street, at 11:OO a.m., Friday, June 13, 1975, and the Edina City Council will meet at 7:OO p.m., Monday, June 16, 1975, to consider said bids for the hrnish5ng and installation of forty-nine (40) single lighting units with davit type standards and ornamental high pressure sodium luminaires. Work must be done as descr2bed in plans and specifications on file in the office of the City Clerk. Plans and specifications are now available for a deposit of $25.00 (by check). Said deposit to be returned upon return of the plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by cash deposit, bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of the amount of base bid. The Council reserves the right to reject any or all bids. -. BY ORDER OF THE EDINA CITS COUNCIL. I Florence B. Hallberg ,i City Clerk 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. CONNECTION CHARGES AUTHORIZED FOR VATERMAIN IMPROVEMENTS NOS. WEl-13 AND 14M-152. Mr. Hyde called Council's attention to letters from lir. William T. Loder, 3304 W. 56th Street aod fron: Mr. Vayne H. Williams, 5213 Doncaster Way, requesting permission to connect to their respective water systems. following resolution and moved its zdoption: Councilman Courtney thereupon offered the 5/19/75: I $13 * .I. RESOLUTION BE IT RE'SOLVED bhat the Edina Czy Council authorizes connection to the follow- ing water mains and that the connection charges both be'paid over a six year period on the'basis of 1/6 of the total cost, at 5% interest: 1. Lot 1, Block 2, Rosendahl's Second Addition (5213 Duncaster Way) 2. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nzys and the resolution was adopted. $738.07 - Watermain Improvement Eo. WM-152 Lot 17, Block 4,'White Investment Company's Hidden Valley - $292.05 Watermain Improvement No. WM-13- STREET IMPROVEMENT NO. C-113 NOTICE OF APPEALED SERVED ON CITY. Council that a Notice of Appeal had been served on the Clerk in the matter of Special Assessments levied for Street Improvement No. CAE13 by ETOC Company, Inc., Edward S. and Margaret S. Hagerty, John T. and Judith A. Candell, Edward E.and Barbara A. Woody and William R. and Anita F. Koehler. No action was taken. Mr. Hyde advised I cp 0 u W TRAFFIC SAFETY MINUTES OF MAY 13, 1975, -were presented for action by Mr. Dunn. Council's attention was called to a petition submitted by residents of the 5600 block of Dalrymple Road, requesting a NO PARKING 8 A.M.4 P.M. SCHOOL DAYS restriction on both sides of the street. Mr. and Mrs. Harold DUOOS, 5603 Dal- rymplG Road, urged that the ban be enforced only during the school year. 'Fol- lowing lengthy discussion, Councilman CourtneyLs motion was seconded by Council- woman Schmidt and carried, re-referring the matter to the Traffic Safety Committee. Councilman Courtney then moved approval of the following: 1. Avenue to Jerry's parking lot; 2. Removal of NO PARKIXG restriction on the North side of Windsor Ave. from T.H. 100 to Richmond Lane; 3. NO PARKING HERE TO CORXER sign on the South side of W. 49th Street from one parking space West 6f apartment doors (3901 'w. 49th Street) to the corner of W. 49th Street and France Avenue; 4. YEILD TO PEDESTRIANS sign on public easement in front of Lunds' store fro= the City Ramp to Halifax Avenue. . Councilman Courtney's motion accepting the remainder of the Traffic Safety Com- mittee Minutes of May 13, 1975, was then seconded by Councilwoman Schmidt and carried. NO PARKING ANY TIME sign on the Vernon Avenue side of Frontage Road "from Link VOTOYATIC DEVICES are to be used at the Hopkins City and School District Elections to be held May 20, 1975. to observe the system at the Shepherd-of the Hills Church during the day and at the Hopkins City Hall after the polls close. both Senator Bang and Representative Forsythe had objected to the use of the devices because the results of an election are known so much earlier with the Council was reminded that this would be an opportunity Councilman Courtney advised that - Automatic Voting Machines currently used by the City. GUS YOLmG'S BILTMORE LAVES ORDER AMENDED. Xr. Erickson recalled that on April 21, 1975, the City Council ordered that Gus Young's Biltmore Lanes install a sprinkler system by July 1, 1976, delivery to the Fire Prevention Bureau by May 21, 1975, or working drawings and a signed contract for the installation of the system, and removal of materials blocking the basement exit doors by May 21, 1975. W. Erickson advised that Biltmore Lanes have now cleared the basement exit doors, but are having difficulty conforming to the other directives set forth in the order. As recommended by Mr. Erickson and.Chfef Buresh, Councilwoman Schmidt's motion was seconded by Councilman Courtney and carried, amending the order so as to extend the time within which to obtain specifications and signed .installation contract to February 10, 1976. STJMMER HELP GRANTS NOTED. State allocation of .funds, as well as the possible receipt of Federal funds for Mr. Xyde advised Council that he is expecting another summer help. BICENTENNIAL BAND TOUR GRANT FUXEIVED. tennial Band Tour Grant has been received and that Mr. Bechtle expects that the rernaning funds needed for the tour will be forthcoming. No action was taken. Mr. Hyde advised Council that the Bicen- No action was taken. I ASSOCIATION OF M?3TROPOLITAN MUZIJICIPRLITIES MEETING.NOTED. Council's attention was called to a meeting of the Association of Metropolitan Municipalities to be held Oil May 22, 1975. Councilman Shaw will represent the City. - DUTCH ELM - OAK WILT ORDINANCE TO BE STUDIED. Mr. Hyde advised Council that the County feels that, because of weather conditions, Dutch Elm Disease and Oak Wilt will be prevalent this year. Legislature which would be paid Mr. Hyde referred to a possible grant from the for $25.00 per tree on a residential lot if the 5/ 19/75 City matches' funds toward removal of the trees. Hr. 'Hyde said that the City .of'. I Bloomington has a program to subsidize property owners for removal 0, +: their trees and that he will get information on this program. GOVERNIIEMTAL CO$MLSST@N/COUNCIL PIEETING TO BE HELD. meeting with the Governmental Commission to be held on May 28, 1975, at 4:30 p..m. 2: in the City Hall Conference Room. .L I -. Council was reminded of'its DIAL-A-RIDE SYSTEM TO BE OBSERVED BY MANAGER. seconded by Councilman Shaw and carried, authorizing the City Manager to attend the American Public Transit Association Meeting .in Rochester, New York, and to observe their Dial-&Ride system. Councilwoman Schmidt's motian was . + ROBERT BURESH APPOIXTED FIRE CHIEF TO SUCCEED JAMES IIC NELLIS. Mr. Hyde announced the appointment of Robert Buresh as Fire Chief , succeeding James IIcNellis. Be- 4 cause of,Chief Buresh's educational incentive pay, Councilman Courtney offered the f ollozing resolution and moved its adoption: BE IT RESOLVED that the maximum wage rates for Fire Department personnel for the year '1975 be established as follows: RES OLTJTION ' Present .- Proposed 1975 1975- FIRF, B i-Wk. (Annual) B i-Wk . Annual ,_ Chief ' $788 $29;488 $788.00 $22,802 Hotion 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. -- *. - ORDINANCE NO. 245-A1 ADOPTED ON SECOND READING. Councilman Richards offered the following ordinance €or Second Reading and moved its adoption: ORDINANCE NO:. 245-A1 AN ORDIXANCE GRANTING TO NORTHERN STATES POWER COMPANY, A NIWhSOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PEREIISSION TO CONSTRUCT,' OPERATE, =,PAIR AND MAINTAIN, IN THE CITY OF EDINA, MINNESOTA, AN . ELECTRIC DISTKBUTION SY STEN AND TRANSMISSION LINES , IXqLUDING NXCESSARY POLES, POLE LINES, AND'PIXTURES AND APPURTENANCES; FOR THE FURNISHING 0%' ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AnTD. OTHERS, AND TO USE THE STREETS, ALLEYS, PTBLIC WAYS AND PUBLIC - GROUNDS OF: SAID CITY FOR SUCH-PURPOSES. THE CITY, COUXCIL OF EDINA, HENNEPIN COUNTY, MINNESOTA DOES ORDAIN: Section €. There hereby is granted to Northern States hwer company, a Minnesota corporation, its successors and assigns, hereinafter referred to as . tl Company", during'the period of 20 years from the date hereof, the right and priv+ ilege'of constructing, operating, repairing, and maintaining, in, on, over, under, and across the-streets, alleys, and public grounds of the City cf Edina, Minnesota, hereinafter referred to as "Municipality", an electric distribution system and electric-transmission lines , including poles , pole lines, and fixtures and appurt- enances, usually, conveniently, or necessarily used in connection therewith, for the purpose. of transmitting and furnishing electric energy for light, heat, power and other purposes for public and private use in and to said Municipality and the inhabitants thereof, and others, and for the purpose of traqsm>ttiAg into and' through said Municipality such electric energy, provided that such electric distribution system and transnission lines shall be so located as in no way to . interfere with the safety and convenience of ordinary travel along and over said streets,. operatior,, repair, and maintenznce of such poles, pole lines, and fixtures and appurtenances, shall be subject to such reasonable regulation as may be imposed by the Nunicipality pursuant to charter or statute, There is also granted to Company, during the term hereof, permis- sion and authority to trim all trees and shrubs in the strests, alleys, and public grounds of said Municipali'ty interfering with the proper construction operation, repair, and maintenznce 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 pred'ses. €or electrk service in Municipality are subject to the jurisdiction of the. Minn- esota Public Service Commission, or its successor agency, as provided by Laws 1974, Chapter 429. any street or public place or construct or reconstruct any sewer or water'kysten therein and shall, with due regard to seasonal working conditions, reasonably order Company to relocate permanently its electrical facilities located in s.aid street or public place, Company shall relocate its facilities at its own expense. Municipality shall give Company reasonable written notice of plans to grade, alleys, and public grounds, and provided that Company, in the construction, 8- Section 2. I Sectioa 3. The service to be provided and the rates to be charged by Company Section 4. Whenever Nunicipality shall grade, regrade or change the like of -- 5 /‘m i 7 5 I I regrade or change the line of any street or public place or to construct or re- construct any sewer or water-system therein, Nothing in this ordinance ccn- tained shall deprive Company of its rights under Minnesota Statutes, Section 161.46, as amended. any of its facilities, Company shall proceed with such relocation. relocation is done without an agreement first being made as to whc 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 for 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. Except where required solely for a munfcipal improvement pro- ject, 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 such 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, Section 6. Company shall indemnify, keep and hold Municipality, ir_$ officers, employees and agents free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construc- tion, maintenance, repair, removal, or operation or’ Company’s property located in, on, over, under, or across the streets, alleys, public ways, and public grounds of Municipality, unless such injury or damage is the result of the negli- gence of Municipality, its employees, officers, or agents, or results from the performance in a proper manner of acts reasonably determined to be hazardous by Company, but such performance is nevertheless ordered or directed by Municipal- ity 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 Muni- cipality in such suit if written notice of the suit is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. such notice is not timely given, as hereinbefore provided, Company shall have no duty to indemnify nor defend. will thereafter 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 defepe pr imunity otherwise available to the Company, acd the Company, in defending any action on behalf of the Municipality, shall be entitled to assert in any such action every defense or immunity that the Muni- cipality could assert in its om behalf. right 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.. Section 8. Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any sec- ‘ tion, provision, or part shall be held invalid, it shall not affect any other section, provision or part. Section 9. Company shall, if it accepts this Ordinance and the rights hereby granted, file a written acceptanee of the rights hereby granted with the Municipality within 90 days after final passage of this Ordinance by the Hunici-’ pality. This Ordinance’is effective as provided by statute or charter, and acceptance by Company as provided in Section 9. Nothing in this Ordinance shall be construed to deprive, modify or impair any right, power or drrty conferred upon Muzicipality by Laws 1974, Chapter 429, or any right of Municipality to partfcipate, pursuant to law, in any ‘organization of municipalities whose purpose is to study electric rates and practices of Company and to participate, in accordance with law, in proceedings before any state or federal agency having jurisdiction over any aspect of Company’s operations relating to electric rates or service in the Municipality. required by law shall be paid by Company. confkicts with the provisions of this Ordinance, the provisions of this Ordinance shal1 prevail. Motion for adoption 6f the ordinance was seconded. by Councilwoinan Schmidt and on ordinance was adopted. Where the Municipality orders in writing Company to relocate If such . Section 5. If If Company is required to indemnify and defend, it I. Section 7. Company upon written notice to Municipality shall have full Section 10. .Section 11. f- 2 . Sectiqn 12. Section 13. The expense of any publication of this franchise Ordi’nance Where a provision of any other Ordinance of the Municipality ’Nay’’ and the . .I 1.6 5 / 19.i 75 LiOUOR FUND REPORT AS OF JANUARY 31. 1975, was presented by Nr. Dalen, reviewed, woman Schmidt and carried, $1,000,000 TEMPOFURY DPROVENENT BONDS TO BE SOLD. Councilm&n Courtney offered the following resolution and moved its adoption: /- and ordered placed on file by,mo'cion of Councilman Richards, se<coilded by Council- .?s reccmmended by Mr. Dalen, RESOLUTION AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF $1,000,000 TENPORARY IIPROVENENT BONDS BE IT RESOLVED by the Council of the City of Edina, Minnesota, as follows: This Council has heretofore ordered, in accordance with the provisions of Minnesota Statutr,s, Chapter 429, and after public hearing as required by lav, the construction of various improvements as more fully described below, and has duly ordered, received and approved plans and specifications and entered into . contracts 'for the construction of the improvements after proper advertisement for bids. wichin the area proposed to be assessed therefor, as heretofore defined, will not be less than the cost of such improvement and not less than 20% of the total cost of each of the improvements will be assessed against those lots and tracts speci- dly benefited by each improvement. over all streets and other properties required for the construction of the improve- ments. as follows: 1. The total benefits resulting from each of the improvements to the propertles The City now owns easements and rights-of-way The. designation and estimated total cost of each of said improvements -are IFPROVEMENTS ESTIIVIATED TOTAL COST Street Improvercents: NO. BA-195 $237,913.06 !! NO. BA-200 72,531.53 NO. BA-203 77,981.70 NO. C-116 236,301.45 NO. SS-313 180,308.54 NO. SS-314 61,362.13 NO., SS-315 40,174.20 94,649.20 Sanitary Sewer Improvements: Watermain Improvement : NO. IJM-288 TOTAL $1,001,221.51 It is hereby determined thit it is necessary at this time for the City to borrow the sun of $1,000,000 to pay costs incurred and to be incurred in the near future with reference to said improvements by the issuance of general obligation temporary bods in accordance with the provisions of Minnesota Statutes , Section 429.09 1 , Sub- division 3, as amended. rrotice of sale hereinafter prescribed for the purpose of receiving and considering bids for and awarding the sale of said bonds. The City Clerk is hereby authorized and directed to cause the notice of sale to be published in the official newspaper and in the Commercial Nest, published at Minneapolis, Minnesota, not less than ten days prior to the date of said meeting, which notice shall be in suhstantially the following f om: 2. This Council shall meet at the time and place specified in the forn of (Legal Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, bKUT"NSOTA 55424 OFFICIAL NOTICE OF BOND SALE TEMPORARY IME'ROVEbENT BONDS $1,000,000 CITY OF EDINA (HENHEPIN COU"), MINNESOTA These Bonds will be offered Monday, June 16, 1975, 7:OO o'clock p.m., C.D.T. at the CiQ Hall in Edina, Minnesota, on the following terms: DATE, MATURITY AND INTEREST These Bonds will be dated June 16 , 1975. TYPE AND PURPOSE' Gzneral obligation, no attached interest coupons , in $l%%h5 dencminations, issued under the authority of Chapters 429 and 475, Minnesota Statutes. the matrrrity date, the City will issue definitive Improvement Bonds, the proceeds of which skall be used as necessary to pay the Temporary Improvement Bosds. Interest "illc~~r~~~~~~ei~~=~~~~~~~~ M See Prior to or on PAYING AGENT -. Principal and interest will be payable at the office of the City Treasurer, in' the City Ea11 of EdiDa, Kinnesota, DELIVERY On June 23, 1975, subject to the unqualified approving legal opinion of Messrs. Dorsey , Marquart , Windhors t, Vest & Halladay , of Ninneapolis, Minnesota, and custom- ary.closing papers, including a statement of non-litigation. Bond printing'and legal opinion-will be paid by the Issuer. choice. funds, on day of delivery. Delivery will be at a place of the Purehaser's Payment must be made in Federal Funds, or equivalent immediately available , . . L., J. 51 19/75 .- TYPE OF BID Sealed bids for not less than par and zccrued interest on the principal sum of $1,000,000 from the date of the Bonds to date of deliveiy must be filed with the undersigned prior to time of sale, together with a certified or cashier's check in the amount of $20,000, payable to the order of the Treasurer of the Issuer, to be retained as liquidated damages if the bidder fails to comply with the accepted bid. RATES All Bonds must bear the same rate of interest and the rate may not exceed 7% per annum AWARD Award will be made on the basis of lowest dollar interest cost, determined by the premium from the total interest on all Bonds from their date to their stated maturity. The Issuer reserves the right to reject any and all bids, to waive informalities and to adjourn the sale. 1 BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg City Clerk- Edi-na ,- tlinne so t a 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. cc, Q w *w CITS COMMENDED ON CARE OF STREETS. Councilman Courtney called special attention to a letter from the Rsverend Arvid Dixen complimenting the City on the way it cleans the streets in the summer and on the way it plows the snow in the winter. Councilman Courtney requested that a letter of appreciation for the letfkr be sent to Mr. Dixen. LIQUOR STORE PROPERTY NEGOTIATIONS APPROVED. Mr. Dalen requested permission to negotiate, up to the assessed value, for property Northwest of the.City Parking that, from the staff point of view, this site is considered the best in the 50th and France Business District. Mr. Eyde expressed some doubt as to whether this 2s actually the best site. Councilwoman Schmidt and carried, directing the staff to negotiate for the purchase of the property and report their results back to the Council. CLAIMS PAID. Botion of:Councilwaman Schmidt was seconded by Councilman Courtney and carried for payment of the following claims as per pre-list: $141,003.41; Construction Fund, $131,464.31; Park Funds, $62,608.05; Water Fund, $4,926.54; Liquor Fund, $204,168.27; Sewer Fund, $53,861.04; Improvements> $4,415.05; Total, $602,446.70. . Ramp on which it is proposed to build a.'new liquor store. Mr. Luce explained Councilman Courtney's motion was then seconded by General Fund, The agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilwoman Schmidt and carried. Adjournment at 10:55 p.m. L. ..