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HomeMy WebLinkAbout19750616_regularNINlJTES GF THE REGULAR MEETING OF THE MONDAY, JUNE 16, 1975 ' EDINA CITY COUNCIL, HELD AT CITY KALL 'ON Answering rollcall were Councilmen Courtney, Shaw, Richards and Mayor Van Valken- burg. co 0 00 f9. W W TEMPOfCARY IMPROVEMENT BONDS SOLD. publication in the official newspaper and the Commercial West of notice of call for bids on $1,000,000 Temporary improvement Bonds of the City, for which bids were to be received at this meeting in accordance with the resolutioii adopted by . the Council on May 19, 1975. The affidavits were examined, found to comply with the provisions of Minnesota Statutes; Chapter 475, and were approved and, ordered placed on file. The Mayor then announced that four sealed bids had been received pursuant' to the notice of cell for bids, which were thereupon opened and read and found to be as follows: 3.6498% Name of Account Manager BancNo rt hwes t 3.65% $ 1.00 The First National Bank of St. Paul 3.71% 8.00 3.7984% First National Bank of Minneapolis . 4.40% 120.00 . 4.376 X Robert S. C. Peterson, Inc. 4.70% 80.00 4.684 % After consideration of the foregoing bids, Councilman Courtney introduced the following resolution and moved its adoption: The City Kanager presented affidavits showing Interest Rat e Premium Net Interest Cost I PaSOLUTION AWARDING SALE OF $1,000,000 TENPORARY IMPROVEMENT BONDS BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that the bid of BancNorthwest of Minneapolis, Minnesota, as associates, to purchase $1,000,000 Temporary Improvement Bonds of this City, to be dated as of June 16, 1975, and to be issued in accordance with the official notice of sale heretofore duly published by the City, is hereby found and declared to be the bid most favorable to the City received pursuant to due notice, and should be 2nd is hereby accepted, said bid being to purchase the Bonds at a price of par and accrued interest plus $1.00 premium, all Bonds to bear interest from date of issue until paid at the rate of three and 65/100 percent (3.65%) per annum. The Mayor and City Manager are auth- orized and directed to endorse the successful bid to show acceptance. The Treas- urer is directed to retain the good faith check of the successful bidder pending delivery and payment for the Bonds, and to return bidders forthwith. ATTEST : n _, &'YLd City Clerk The motion for the adoption of the foregoing resolution was seconded by Councilman Richards, and upon vote being taken thereon, the following voted in favor thereof: Councilmen Courtney and Richards and Mayor Van Valkenburg, with Councilman Shaw abstaining. There were no nays, whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor and attested by the Clerk. sion, Councilman Courtney introduced the following resolution and moved its adoption : After discus- RESOLETION AUTHORIZING ISSUANCE ANI) ESTABLISHING FORM AND DETAILS OF $1,000,000 TEEOP\ARY IMPROVEMENT BONDS AND PROVIDIEG FOR AND APPROPRIATING SPECIAL ASSESSMENTS FOR THEIR PAYMENT BE IT RESOLVED by the City Council of the Ciry of Edina, Minnesota, as follows: Section 1. Authorization and Sale. This Council, by its resolution of May 19, 1975, authorized the sale of $1,000,000 Temporary Improvement Bonds of the City to finance the construction of the improvements designated in said resolution. sale, shall be prepared and delivered to the purchaser thereof forthwith. Form of Bonds and Certificates. The Bonds having been sold at public Section 2. 2.01 The Bonds shall be in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF EDINA TEMPORARY IMPROVEMENT BOND No. $100,000 KNOW ALL NEN BY THESE PRESENTS that the City of Edina, a duly organized and existing municipal corporation of the County of Hennepin, State of Minnesota, acknowledges itself to be indebted and for value received promises to pay to bearer or, if-this Bond is registered, to the registered holder thereof, upon presentation and surrender hereoft the sum of ONE HbTDRED THOUSAND DOLLARS 5/16/75 ' on the 16th day of December, 1975, and to pay interest thereon at the rate of percent ( X) per annum.frorn the date hereof until said principal sum has been paid, said interest being payable on December 16, 1975. Both principal and interest are payable at the office of the City Treasure;, in Edina, Minnesota, in any coin or currency of the United States of America which on the respective dates of payment is legal tender >or public and private debts. For the prompt and full payment of such principal and isterest as the same'resp- ectively become due, the full faith and credit and taxing powers of the City are hereby irrevocably pledged. $l,OOO,OOO, all of like date and tenor except as to serial numbe'r, all issued for the purpose of defraying expenses incurred and to be incurred in constructing local improvements in the City heretofore duly ordered and contracted to be made- in accordance with the provisions of Eiinnesota Statutes, Chapter 429 and is issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota thereunto enabling, and pursuant to resolutions duly adopted by the City Council. ment Bond Fund of the City, to which fund there have been irrevocably appropri- ated the special assessments to be levied in respect of the improvements financed by said issue, and into which fund there are to be paid the proceeds of definitive improvement bonds whichthe City is required by law to issue at or prior to the maturity of this Bond for the purpose of refunding the same so far as the collect- ions of special assessments on hand in said fund or any other available City funds appropriated for such purpose are not sufficient for the payment thereof. This Bond is transrerable by d.elLvery, except while registered in the nsme of.the holder on the bond register of the City kept for that purpose at the office of the City Treasurer, with such registration noted hereon by the Treasurer. While so registered, no transfer hereof shall be valid unless made on such register by the registered holder in person or by his attorney duly authorized in writing and similarly noted -hereon; but this Bond may be discharged from registra- tion by being in like manner transferred to bearer, and thereupon trznsferability by delivery shall be restored; but the Bond may again and from time to time be registered in the name of a holder or transferred to bearer as before. conditions and things required by the Constitution and laws of the State of Minriesota to be done, to exist, to happen and totbe performed preliminary to and in the issuance of this Bond in order to make it a valid and binding general obliga- tion of the City according to its terms have been done, do exist, have happened and h2ve,b.een performed as so required; that the Council is required by law to pay the principal of and interest oh the Bonds of this issue, and definitive improve- ment bonds-issued to complete payment of the cost of the improvements financed hereby, out of any fund of the City if the amount credited to the fund specified Tor that purpose is insufficient, and to levy each year a sufficient amount to take care'of any accumulated or anticipated deficiency; which levy is not subject to any constitutional or statutory tax limitation; and that the issuance of this Bond did not cause the indebtedness of the City to exceed any constitutional or statutory limitation. IN WImESS WHEREOF, the City of Edina, Hennepin County, Minnesota,'by its City Council has caused this Bond to be executed in its behalf by the signatures of the Mayor and of the City Manager and its official sea&'%a be affixed hereto, and the cerdiffcate as to legal opinion on the reverse side 6ereof to be executed by the facsimile signatures of said officers, as of June 16, 1975. -. This Bond is one of an issue in the aggregate principal amount of This Bond is payable primarily from the Temporary Improve- . IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, - to be dated .. City Manager ? 1- (SEAL) shall be printed on the reverse side of each Bond. 2.02 A certificate of regi I CERTIFICATE OF REGISTRATION office of the City Treasurer in Edina, Minnesota, and will be payable only to such person as by such The within Bond has been registered on the bond register kept at the registration appears to be the owner hereof or his legal' representative. ** I NO WRITING-HEREON EXCEPT BY THE CITY TREASURER Date Registered Owner . Signature of Treasurer' *. 7 .. .. . . .. ... 1. c -. ... _. . CD 0 00 p3 M w t I 6/16! 1'5 - *a *: ; il 0 *2.03 A Certificate %in-substantially the fol'lowing form shall be printed on the reyerse side of each Bond, following a copy of'the text af the legal opinion to be rendered by bond counsel: We certify that <he above is a full, true and correct copy of the legal opinion rendered by bofid counsel on the issue of Bonds of the City of Edina, Hennepin County, Minnesota, which includes the within Bond, dated as of the date of delivery of and payment for the Bonds. (Facsimile signature) (Facsimile signature) City Nanager Mayor Section 3. Bond Terms, Execution and Delivery. 3.01 . The City shall forthwith issue and deliver general obligation Tempor- The ary Improvement Bonds, dated as of June 16, 1975, Ln the denomination of $100,000 each and in the principal amount of $1,000,000 to be numbered from 1 to 10. Bonds shall mature on December 16, 1975, without option of prior payment, and shall bear interest at the rate of paid, all interest to be payable on December 16, 1975. Principal and interest shall be payable at the office of the City Treasurer. each of the Bonds may be registered in the bond register of the City at the office of the City Treasurer, with the force and effect stated in the form of bond set forth in this resolntion. The Treasurer shall maintain a register in which he shall enter, upon receipt of a request for registration of transfer, the date and name of the transferee, according to the endorsement of registra- tion on each of the Bonds. and shall be executed on behalf of the City by the signatures of the Mayor and the City Manager who shall affix the corporate seal of the City to the Bonds. shall 'be executed and authenticated by the printed, engraved or lithographed facsimile signatures of the Mayor and City Manager. so executed and authenticated, they shall be delivered by the Treasurer to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. of $1,000,000 shall be deposited in the Temporary Improvement Bond Fund of the City, and the remaining proceeds of the Bonds shall be applied as provided below. % per annum from date of issue until Transfer of ownership of 3.02 The Bonds shall be prepared under the direction of the City Clerk The certificate as to opinion of bond counsel on the back of each Bond laen the Bonds have been Any amount in excess' Section 4. Security Provisions. 4.01 There is hereby created a separate fund;for each'of the improvements described in the "Resolution Authorizing the Issuance+ Sale and Delivery of $1,000,000 Temporary Improvement Bonds" adopted by this Council on Hay 19, 1975. and apart from all other funds of the City, Into each of said funds shall be paid the collections of all special assessments levied €or the improvement on account of which the fund was created. shall be paid the portion of the proceeds of sale of $1,000,000 Temporary Improvement Bonds, herein authorized, equal to the cost to the City of the improvement on account of which the fund was created, and any other moneys appropriated thereto by the City. expenses of the imprbvementbn account of which the fund was created and to pay principal and interest due on all temporary improvement bonds issued for the purpose of financing said improvements, inciuding the Bonds, until completion and payment of all cogts of the imTrovement. improvement shall be discontinued, and any balance of the proceeds of the bonds remaining therein may be transferred by this Council to the fund of any other improvement instituted pursuant to this chapter. All moneys not sy transferred and all subsequent collections of special assessments levied for such improvement shall be credited and paid into the Temporary Improvement Bond Fund of the City. and special debt redemption fund, to be maintained as long-as any of the Bonds remain unpaid, .the moneys therein to be used only for the payment of principal of and interest on the Bonds herein authorized and on any additional Bonds here- after issued and made payable from said fund. said improvement funds, and as long 2s any of said Bonds shall remain unpaid, the collections of all special assessments previously required to be paid into the discontinued fund shall be paid into said Temporary Improvement Bond Fundror, if any definitive improvement bonds have been issued on account of said improvement, into a fund to be created for payment of such bonds. 4.03- It is hereby covenanted and agreed that the City will do and perform all acts and things necessary for the final and valid levy of special assessments upon the properties benefited by each of the improvements being financed by issuance of the Bonds, in a principal amount not less than 20% of the Each fund shall be held and administered by the City Treasurer separate In addition, into each of said funds Each fund shall be used solely to defray Thereupon the fund created for such 4.02 Said Temporary Improvement Bond Fund Shall constitute a separate After discontinuance of any of .. / cost of the improvements. time held invalid with respect to any lot or tract of land, &ue to aEy error,, defect or irregularity in any action or proceeding takes or to be taken by the City or the City Ccuncil or any of the City officers or enployees in the making of the assessment or the performance of any condition precedent thereto, the .City will do all such furtlier acts and things and shall take all such further proceed- ings as shall be required by law to make such assessment a valid and binding lien upon the property assessed. provide for the issuance, sale and delivery of definitive improveinent bonds, pay- able from such fund or funds as may be determined by this Council, for the purpose of providing moneys to pay and redeem with interest all of the Bonds so far as the same cannot be paid out of moneys then on hand in the Temporary Irrprovement, Bond Fund. Under the provisions of Minnesota Statutes, Section 429.091, Sub- division 3, the holders of the Bonds and the tax payers of the City have the. right to require the offering of the definitive improvement bonds for sale or, in the event that definitive bonds have not been issued and sold at the time so required, the holders may require the issuance of definitive bonds in exchange therefor, on a par for par basis, bearing interest at the rate of 6% per annum, and maturing serially at such times and in such amounts that the principal and interest can be paid when due by the collection of ass'essments referred to in paragraph 4.03. the Bonds as the same respectively become due, the full faith, credit and taxing powers of the City are hereby pledged. Each and all of the terms and In the event that any such assessment shall be at any 4.04 Not later than December lG, 1975, this Council will by resolution I 4.05 For the prompt and full payment of the principal and interest on provisions of this resolution shall constitute a covenant and agreement on the part of the City with the holders from time to time of each Bond issued here- + .. I .. under. * Section 5. 5.01 Certification of Proceedings and Arbitrage. The City Clerk is hereby authorized and directed forthwith to file a certified copy of this resolution with the County Auditor of Hennepin County, ar,d to obtain from the County Auditor a certificate that said Bonds have been duly entered on his register. The officers of the City and County Auditor of Hennepin County are hereby authorized and directed to prepare and furnish to the purchaser of the Eonds, and to the attorneys approving the legality of the issuance thereof, 8 certified copy of this resolution and of all other proceedings relating to the Bonds, together with such affidavits, certificates and information as may be reasonably requLred to show the legality and marketsbility of the Bonds, as such information appears from the books and records in their custody and control or as otherwise known to them, and all such certified copies, certi- ficates and affidavits shall be deemed representations of the City as to the correctness of all statements contained therein. 5.03 The City will make no use of the proceeds of the Bonds which, if such use had been reasonably exp hsve caused the Bonds to be arbitrage bond 103(d) of the United States Internal Reve . 5.02 I . ..aL I. ,City ?ie The motion €or the adoption of the for Councilman Richards and upon vote b favor thereof: Councilmen Courtney ichards and Van Valkenburg , with Councihan Shaw abstaining. tfon =as deslared duly passed and adopted and was signed by the Mayor and attested by the Clerk. duly seconded by g mexcbers voted in There were no nsys, whereupon said resolu- MNUTES of Hay 19, 1975, were approved as correctedby motion of Councilman Shax?, seconded by Councilman Cdurtney and carried. The correction was that the para- graph entitled "Date, Haturity and Interest" in the Official Notice of Saxe included Tn the Resolution Authorizing Sale of $1,000,000 Temporary Improvement Bonds should read as follcws: "The BoDds will be dated June 16, 1975, and w2.U - mature December 16, 1975. Interest wfll be payable at maturity." ROY H.' PETERSON, C. J. DmENS RESOLUTIOE OF CONDOLENCE ADOPTED. Being advised by Mr. Hyde of the death of Mr. Roy H. Peterson and Mr. C. J. Danens, Council- man Courtney offered the following Resolution of Condolence and moved its adoption : RESOLUTION VHEREAS, two men who, by their separate business activities, we& greatly responsible' for the successful development; of many areas of the City of Edina during its formative period; and --- CD 0 00 M W I WHEREAS, the men were close personal friends, business associates, hunting and 'fishing partners and fellow horse-lovers; and WHEREAS, Mr. Roy H. 'Peterson, a member of the Edina Plaaiiing Coinmission from January 25, 1964, to February 21, 1966, and the developer of many of Edina's excellent: residential sections, including Rirchcrest, Braemar Hills and The ,Heights subdivisions, died suddenly on June 5, 1975; and WHEREAS, Hr. C. J. "Sonny Danens, who, as President of J. A. Danens & Son, Inc., conducted one of Edina's first and most widely known businesses and did many of the largest earth-moving projects in this area, including the buil.ding of Braemar Golf Courses and the excavation for Southdale Ceater, died while undergoing surgery on June 9, 1975; NOW, THEREFORE, BE IT RESOLVED by the City Council- of the City of Edina, on behalf of all the citizenry, that deepest sympathy be expressed to the family of Roy €I. Peterson and to the family of C. J. "Sonny" Danens, and that the sincere appreciation of the community be recorded for the significant roles that Mr. Peterson and Mr. Danens played in the development of Edina; and BE IT FURTHER RESOLVED that this resolution be spread upon the Minutes of the Edina City Council and that appropriate copies be transmitted to Mrs. Peterson, Mrs. Pamela Peterson Phillips, Mrs. Danens and Daniel Danens. Motion for'adoption of the resolution was seconded by Councilman Shaw and carried unanimously. . PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as herein- after recorded. - A. CONSTRUCTION OF STREET I?APROVEMENT NO. P-BA-204 IN THE FOLLOWING: All Morningside streets except W. 44th St. and France Ave. Morningside Area IN THE FOLLOWING: A11 Morningside streets except the South side of W. 44th St. and France Ave. B. CONSTRUCTION OF STORM SEWER IMF'ROVEMENT NO. P-ST.S-144 IN THE FOLLOJ?ING: C. CONSTRUCTION OF NEW -AND REPLACEMENT CONCRETE SIDEWALK IMPROVEMENT NO. P-S-11 Mr. Dunn recalled that, at the meeting of March 10, 1975, these hearings had been continued to July 7, 1975, but that date had beec changed to this meeting because of conflicts with vacation schedules of residents. Mr. Dunn referred to the survey sent out in May by the Morningside Community Council and said that formal hearings improvements affecting the same properties, hearings were conducted concurrently. Mr. Leonard Fernelius, President of the Morningside Association, said that there had been a 60% return on the 600 questionnaires sent out to owners of affected properties, an6 advised that the association is not taking a position on the improvements at this time. 'questionnaire indicating that 4% believed that the storm sewer is clearly needed, 24% believed that the water mains should be replaced, 33% believed that the streets should be resurfaced, 26% believed that curbs and gutters should be replaced or installed, 13% believed that sidewalks should be replaced or installed and that 29% believed that improv%d lighting is needed. Mr. Ronald Ringling, 4238 Crocker Ave., and Chairman of the City Services Committee, along with a gentleman who lives at 4216 Grimes Ave., objected in the delay in the hearings, stating that the sidewalks are the only improvement that they wanted held over. as the result of the questionnaire had not been included in the March hearing and that it is now being recommended that the storm sewer be reexamined. Mr. Dunn said that the total project should be known before starting any one part. Plr. Rent Bank, 4022 W. 44th St., asked if the water main could be installed at the same time as the curb and gutter. A gentleman in the audience who ,lives on . a street that has St. Louis Park water, said that he is concerned about the low water pressure, particularly in event of a fire, and urned that the water main be expedited. k resident who lives at 4417 Morningside Road said that he some- times has no water on his second floor in the summer. Mr. Dunn said that there is a possibility that the water main could be installed this year but that the other improvements wouid have to wait until next year. Mr. Hyde said that the Fire Department has advised him that, even though the water mains are reduced in capacity, fire protection is adequate. to prevent additional property damage. Mr. Dunn explained that the water nain is not being considered at this time be- cause the study of the water problems has not been completed as yet. advised that financing of the water main has not yet been decided. Mr. Jack Cracraft, 4227 Alden Drive, recommended that improvements be done on a "spot basis where needed", rather than on a community-wide basis. Mr. Vincent BOR- gaarts, 4243 Crocker Ave., expressed concern that many residents could not afford to have all of the improvements at once. of the improvements be held over for hearing on September 15, 1975, with the would be conducted'sone time next fall. The Morningside area He presented a summary of the responses to the Mr. Dunn replied that the lighting improvement being proposed He also COUNCILMAN COURTNEY'S MOTION that all 6/16/75 1 exception of the water main which is to be expedited as quickly as possible, was seconded by Councilinan Richards and carried. notices Would be sent to them. Residents were advised that new ' D- CONSTRUCTION OF STOm SEWER IWROVEMEXT NO. 'P-ST.S-1-43 IN TEE FOLLOIJING: Easement Biong South'line -of 4622 Bruce Avenue from back yard to Bruce Ave. Mr. Hyde recalled that th-is hearing had been called as a result oE a petition for storm sewer from the owners of 4622 Bruce Ave., and that a hearing had origin- ally been heid on October 21, 1974 and continued to November 5 and November 18, 1974. Mr. Dunn advised that the project has now been revised so that the pro- posed pipe will run South of 4622 Bruce Ave., rather than between 4620 and '4622 Bruce Avenue. posed to be assessed against four properties on Bruce Ave. and four properties on Casco Ave. (16,034.5 assessable square feet) at square feet. It is proposed to assess 4620 and 4622 Bruce Avenue $2,000 each for extraordinary benefits in addition to the general assessment for all pro- perties. Nr. Hyde showed pictures showing flooding conditions in the back yards of 4620 and 4622 Bruce Avenue. Mr. Dunn pointed out one problem is that the driveway at 4622 Bruce Avenue is higher than the property at 4620 Bruce Avenue and that the proposed storm sewer would not correct this. Bruce Avenue, said that he did not care for the latest plan 2nd urged that the original plan be used with the installation of an additional drain between the two houses. Mr. Robert Colbert, 4625 Casco Ave., objected that he has had to attend many meetings in regard to this matter 2nd questioned whether the problem is serious ezlotlgh to warrant the proposed expenditure. said that he did not see anything out of line which would warrant installation of the storm sewer. corrected at his own expense. plowed from the front of the Bruce Avenue property to the back yard and suggested that this caused additional drainage problems. lfr. Carl Strunk, 4619 Casco Ave., suggested that rats might exist in a stagnant sewer pipe. t€r. Jack Benz, 4623 Casco Ave., said that he cannot see V7ht the problem is. In response to Council- man Courtney's suggestion that the matter be referred back to the Engineers to see if another plan could be designed; Mr. Hyde said that the situation had been thoroughly studied and recommended that the storm sewer either be installed or abandoned. proposed and that the proposed assessment be reviewed as to the possibility of assigning extraordinary benefits to 4620 and 4622 Bruce Avenue, died for lack of a . second. indefinitely was then seconded 3y Councilman Richards and carried. He presented total estimate6 construction-cost at $5,695,00, pro- .. - I_ -* I a cost of $105.71 per 1,000 Mr. Jack Mertes, 4620 The resident at 4621 Casco He said that he had a drainage problem in his own lot which he He mentioned also that he had observed snow beirig COUNCIT.XAR COURTNEY'S MOTION authorizing the improvement as originally I Councilman Shaw's motion that the proposed improvement be tabled E. COESTRUCTION OF STREET IIPROVENENT NO. P-A-175 IN THE FOLLOWING: Malibu Drive extended North from Parkwood Knolls 15th Addition, and Westerly to Lincoln Drive Mr. Dunn recalled that this improvement had been continued from February 3, 1975, so that the developers of the area would have an opportunity to complete their mister plan for the area. Mr. Rosland said that he had talked to Mr. Harvey Han- sen, and recommended that the improvement be continued until after the Court .: . decision on the Grand View Cemetary property. down the location of the park until this decision was reached. IIOVED that the 2mprovement be continued for ninety days so that the Court decision is known on the cemetary property. Notion was seconded by Councilman Richards and carried. i . I He said that he would rather not pin COUNCILMAN COURTNEY F. CONSTRUCTION OF STREET LIGHTING IMPROVEXENT NO. P-L-12 IN THE FOLLOWING: France Avenue from County Road 62 to South City Limits Valley View Road from County Road 62 to France' Avenue 37. 66th Street from Valley View Road to Xerxes Avenue W. 69th Street fro= France Avenue to Xerxes Avenue Pork Avenue from W. 65th Street to W. 69th Street Xr. Burin advised that this hearing is considered informal inasmuch as the project is proposed as an addition to the general street lighting system of the City and no assessment is proposed against abutting properties. Eor&ern States Power Company on most of the above listed streets and Xnstalling them under ground. street reconstruction will probably occur on a number of streets from Prance Avenue East within a three to seven year period, Nr. Dunn said that it would not be appropriate to install a permanent ornamental system at this time. He recom- mended accepting the proposal of Northern States Power Company €or the installa- tion of a high pressure sodium street lighting system in the area which would consist of. 71 median placed wood poles with two lighting fixtures on each pole. Mr. Dunn. pointed out that there would be'an increase in the annual service rates to Northern States Power because a num5er of units would be added to the system. He added that he had received no objectiocs from abutting property owners. Councflman Shaw thereupon offered the following resolution authorizing the construction of Street Lighting Improvement No. L-12 and moved its adoption: I Xr. Dunn explained that . is in the process of removing overhead feeder lines . Because .. .I tp 0 00 t;9 W W 6/16/75 6 .. ti .*,- . -. RESOLUTION ORDERING IMPROVEMENT .‘NO. L-12 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 considered to be ‘affected by the following ‘proposed improvement: CONSTRUCTION OF STREET LIGHTING IMPROVEMENT NO. L-~Z IN THE FOLLOWING: France Avenue from Crosstown Highway to South City Limits Valley View Road from County Road 62 to France Avenue W. 66th Street from Valley.View Road to Xerxes Avenue W. 69th Street from France Avenue to Xerxes Avenue . - York Avenue from W. 65th Street to W. 69th Street and-at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con- struction of said improvement including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as STREET LIGHT- ING IMPROVEMENT NO. L-12; and no properties are to be specially assessed for the improvement. Motion for adoption oE the resolution was seconded by Councilman Courtney and on rollcall there were,four ayes and no nays and the resolution was adopted. VILLAGE DEVELOPMENT COMpILhsy (EDINA GREEN) ZONING AND PLAT CONTINUED TO JULY 7, 1975. ing of property located East of County Road 18 and South of Malibu Drive from R-1 Residential District to R-2 Multiple Residential District and PID Planned Indus- trial District, alorig with the proposed plat for the property. Mr. Luce recalled that the vacation of Lincoln Drive in proposed Edina Green is also to be consid- ered.as a part of this development later in this-meeting and that the rezoning, plat and street vacation had been continued from June 2, 1975, so that neighbors could meet with the developer. Mr. Rick Davies, representing neighbors from the Parkwood Knolls-Nalibu Heights area said that substantial progress had been made in meetings with the developer and requested that the zoning, plat and street vaca- tion be continued to July 7, 1975. Mr. Hess, representing the developer, agreed to the additional continuation. hearings on the proposed zoning, plat and Lincoln Drive street vacation was then seconded by Councilman Shaw and carried. Mr. Luce reviewed the proposal of Village ,Development Company for rezon- COUNCILMAN COURTNEY’S MOTION continuing public ORDINANCE NO. 811-A61 ADOPTED ON SECOND READING. ance No. 811-A61 for Second Reading and moved its adoption as follows: Councilman Shaw offered Ordin- ORDINANCE NO. 811-A61 . AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO ALLOW, UhrDER CERTAIN CIRCUMSTANCES OFF-STREET PARKING REQUIREMENTS TO BE MET BY THE USE OF PUBLIC PARKING IN THE COMMERCIAL DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph B of Paragraph 9 of Sec. 9 (Commercial District) of Ordinance No. 811 is hereby amended by,adding thereto a Subparagraph (d) as follows : “(a) Use of Public Parking to Meet Off-street Parking’Requirements: “(I) Any principal use which, at the time of construction thereof, pro- I vided off-street parking spaces in the number and location, and with-the control, then required by the applicable ordinances of the City, or, if at the time of construction of a pincipal use there were no then applicabie ordinances requiring off-street parking spaces but such prin- cipal use did nevertheless provide for off-street parking spaces on property under the same ownership as that of the principal use, and if the City of Edina or the Housing and Redevelopment Authority of Edina, Minriesota, thereafter acquires, for public parking purposes, the fee simple ownership of some or all of the parking spaces so provided, such principal use nevertheless nay be retained and maintained on its then location, and a new principal use may be constructed on the same pro- perty as the prior principal use, without praviding off-street parking additional to that provided for public parking, provided that such new principal use is of a size, measured in square feet of floor space, not greater thaii the prior principal use, and is for uses which do not, by application of the off-street parking requirements of the then applic- able ordinances of the City, increase the required off-street parking spaces beyond those required for the uses in the prior principal use. .. I "(2) ject approved by the Ctty Council of the City pursuant to Chapter 462 0 f Minnesota Statutes, which priacipal-use was. in existence ou the - date su%h project was approved, and which project provides for public. * parking to serve the project area, may 'be reconstructed, or a new principal use constructed on the same property, without providing off- street: parking additional to that provide3 for .public parking, provided, such reconstructed or new principal use is of a size, measured in square feet of floor space, not greater than the prior principal use, and is for uses which do not, by application of the off-street parking requirement of the then applicable ordinances of the City, increase the required off-street parking spaces beyond those required for the uses in the prior principal use; provided, however,.that such a prior principal use may be'expanded, and the uses thereof niay be changed, to sqch size and such uses as are allowed by the' then applicable ord- . . inances of the City and by the plan, as modified pursuant to said Chapter 462, for such approved redevelopment project, without providing off-street parking spaces *additzonal 'to those provided for public park- ing. ,"(3) prior principal.use be made, beyond the size or other than the uses above allowed by (1) and (2) of this subparagraph, then additional off-street parking spaces shall be provided, pursuant to the then applicable ordinances of the City, but only for tHe additional spaces Sec. 2. passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the ordinance was adopted. ~ny principal-uie' on property located-withfn a'rcdevelopmknt pro- L I If any increase in the size, or changes in the uses, of such a .resulting from such increase in size or changes in uses." This ordinance shall be in full force and effect upon its , .I i VICTORSEN'S TIMBERVIEW ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Victorsen's Timberview Addition for preliminary plat approval, noting that this property is generally located at the Southwest corner of the Crosstown Highway and Gleason Road. He advised that Planning Commission had rec- ommended approval, subject to the dedication of Outlot A for park purposes and that the Park Board had recommended that the proponent also dedicate 5% in cash inasmuch as total use of the land had been achieved. Dr. Henry Buchwald, 6808 - Margaretts Lane, was told that 140 apartment units have been approved for the property, that the parkland dedication would be made in perpetuity and that the public would have the right to use Arrowhead Lake. Rosland that the Park Board had never given any consideration to constructing any facility on Arrowhead Lake. the record: 1) Residents continue to oppose construction of 140 units on the site, having relied on single family zoning when their property ~7as purchased, and that they belleve that the proposed development will lower the value of their property; Mr. Victorsen purchased the property knowing that it was zoned for single family development; 3) Residents will initiate court action if 140 apart- ments are permitted on the site. the Park Board that a 5% cash dedication be required in addition to the dedication of Outlot A. Xr. Erickson explained that the ordinance allows this approach, with Outlot A considered set aside under the PRD zoning and that since the land density tTas transferred to the buildable portion, Mr. Victorsen has full use of the total area and, in essence has given up nothing in total land value. Comcilman Courtney the; offered the r'ollow7ing resolution and moved its adoption: RESOLUTION GW'TING PRELIBIINARY APPROVAL TO VICTORSEN' S TIElBERVIEl*? ADDITION BE IT RESOLVED by the City Council of the City of Edina, Ninnesota, that that certain plat, platted by Folke Victorsen, known as "Victorsen's Timberview Addition", and presented at the Edina City Council Meeting of June 16, 1975, be and is hereby granted preliminary approval, subject to the dedication of Outlot A for park purposes and subject, also, to the cash dedication of 5%:of.'the value-of fhe raw .land. . Motion for adoption of t~e resolution was seconded by Courrcilman Shaw'and on roll- .call there were four ayes and no nays and the resolution was adopted. D Dr. Buchwald was told by &. Dr. Buchwald made the following statements for 2) Nr. Victorsen questioned the recommendation of < E. I?. JOHNSON'S PROSPECT HILLS 3RD ADDITION GJUNTED PRELIMlNARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented M. P. Johnson's Prosp,ect.Hills 3rd Addition, advising that this seventeen lot, single family subdivision is located North of. KemrichDrive; South of Lee Valley Circle and East of Fl.eetwood Drive. He pre- sented a graph& which showed a 70 foot dedication along the Easterly lige of the property for park land. Councilman Courtney then off- ered the following resolution and moved its adoption: I I -' No objections were heard. .. A p3 W W 6/16/79 RESOLUTION APPROVING PRELIMINARY PLAT '- OF M. P. JOHNSONtS PROSPECT HILLS THXRD ADDITION "* BE IT RESOLVED by the City Council of.the City of Edina, Plinnesota, that that certain plat known as M. P. Johnson's Prospect Hills Third Addition; platted by M. P. Johnson, and presented at the Edina Council Neeting of June 16';'1'975, be and is-hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four'ayes and no nays and the resolution was adopted. ' WARDEN ACRES - AUSTIN REPLAT GRANTEI) PRELIMINARY PLAT APPROVAL. Notice were presented by Clerk, approve2 as to form and ordered placed on file. Affidavits of Mr. Luce presented Warden Acres - Austin Replat for preliminary approval, advising that, in conformance with <he recommendation of Mr. Erickson in a letter dated March 29, 1973, the lots on the South road easement have been eliminated. Mr. Luce pointed out that this.plat, which is located South of Grove Street and East of Johnson Drive, has been approved by the Planning Commission, with the understanding that a temporary cul-de-sac be dedicated and constructed as part of the development of the property and that a 5% cash donation be made in lieu of park land dedication. The resident at 5506 Benton Ave. objected that the marshy area would be destroyed and that he would lose his privacy if the property is platted as proposed. Mr. Hyde recalled that one of the reasons the proposed right-of-way was shown was that when this plat was orig- inally proposed, some of the neighbors wanted the easement to allow for future development of their lots. easement could not be-divided at a later date without Council action. Mr. R. V. Barthelemy, 5500 Benton he., said that he would have no objection to the plat as now proposed. its adoption subject to the recommendations of the Planning Commission: I Residents were assured that the lot on the Oak Lane Councilman Richards then offered the following resolutioil and moved RESOLUTION LDPROVING PRELIMINARY PLAT WARDEN ACRES - AUSTIN REPLAT BE IT RESOLVED by the City Council of the City of Edina that that certain plat known as Warden Acres - Austin Replat, platted by Curtis E. Austin and Valborg J. Austin, husband and wife, and presented at the Edina Council Meeting of June 16, 1975, be and is hereby granted preliminary plat approval, with the understanding that a temporary cul-de-sac be dedicated and constructed as part of the develop- ment of the property and that a 5% cash donation be made in lieu of park land dedi- cation. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolutior, was adopted. HEATHER HILL GRANTED FRELIMINARY PLAT APPROVAL. by Clerk, approved as to form and ordered placed on file. Mr. Luce presented Heather Hill, located North of Vernon Avenue and East of Heather Lane for prelim- inary plat approval as recommended by the Planning Commission. ards then offered the following resolution and moved its adoption: ' Affidavits of Notice were presented I Councilman Rich- RESOLUTION APPROVING PRELIMINARY PLAT OF HEATHER 3 HILL BE IT RESOLVED by the City Council of the City of Edina that that certain-plat known as Heather Hill, platted by John H. Wright, and presented at the Edina City Council Heeting of June 16, 1975, be and is hereby granted preliminary plat 'approval, with the understanding that a 5% cash donation be made in lieu of park land dedication. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. LINCOLN DRIVE STREET VACATION CONTINUED TO JULY 7, 1975. In accordance with action taken relative to Village Development Company (Edina Green) rezoning and plat, Councilman Courtney's motion was seconded by Councilman Shaw and carried, continu- ing the vacation of Lincoln Drive in proposed Edina Green to July 7, 1975. VALLEY VIEW ROAD STREET VACATION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Dunn recalled that the vacation of Valley View Road between W. 64th Street and the Crosstown Highway had been continued from June 2, 1975. Mr. J. J. Nagengast, the owner of property abutting the street advised that he cannot built on his property unless the street is vacated. council was advised that Minneapolis Gas Company has already received the easements which it requested but that the City also requires easements across the street. No other comments being heard, Councilman Richardg offered the follow- ing resolution and moved its adoption: WHEREAS, two weeks' published, posted and mailed notice of a Hearing to be held on. June 2, 1975, and continued to June 16, 1975, has been given and made on the proposed street vacation hereinafter described has been held by the City Council; NOW, THEREFORE, be it resolved by the City Council of the City of Edina, Hennepin County, Minnesota, that the following .described portion of Valley View Road, all RESOLUTION VACATING A PORTION OF VALLEY VIEW ROAD 1.5 b G/ 16/75 as platted and of record in the office of the Xegister of Deeds in and far %em- epin County, Minnesota, be' and is hereby vacated effeckive August 19, 1975, unless On or before said date this resolution is amended, annulled or rescinded by the City- Councj.1: . That part of Vdley View Road (formerly Hennepin County Road #39) loca- ted in Section 5, Township 116, Range '21, lying between the South line of Hennepin County Road #62 and North of the Westerly extension of the ,South line of Lots 1 and 2, Block 2, Edina Valley Estates 2nd Addition. Motion for adoptio2 of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. STREET LIGHTING BIDS AWARDED FOR IMPROVEMENT NO. L-10. tion of seven bids for street lighting standards with ornamental high pressure sodium luminaires for Lighting Improvement No. E-10. bid showed Electric Repair & Construction, Inc., at $73,360.00, Hoffman Electric at $76,400.00, Electric Service Co. at $76,841.00, Donnovan Construction Co. at $115,000.00 against Engineer's estimate of $94,952.26. that low bidder, Electric Repair & Construction, Inc., required a deadline of . October 25, 1975, and that the work must be done before that date, Councilman Cocrtiiey's motion was seconded by Councilman Shaw and carried, awarding contract to seconh low bidder, Hoffman Electric at $76,400.00. Mr. Hyde presented tabula- Tabulation for the alternate I Being advised by Mr. Dunn FIXE, VANDALISM AND MALICIOUS MISCHIEF INSURANCE BID AWARDED. tabulation of five bids received for fire, vandalism and malicious mischief insur-' ance. bid to recommended low bidder, Piutual Agency for all risk policies of $5,000 Deduc- Mr. Hyde presented As recommended by the City Manager, Councilman Courtney's motion awarding tible for all City properties except liquor properties at $10,813 and all liquor store properties at $1,772 for $100 Deductible. *. .- GARY LULL RESIGNS ,PROM H.R.A. mendations for replacement of Mr. Gary Lyall on the Housing and Redevelopment Authority. Mr: Lyall was seconded by Councilman Richards and carried. MRS. CARL RICE LETTER NOTED. A letter from Mrs. Carl Rice, 5113 Schaefer Road, was noted. Mrs. Rice objected that the Assessor should maintain lower taxes and made other general criticisms of City operations, while complimenting the Police and Fire Departments. the departments concerned was seconded by Councilman Shaw and carried. T.E. 100 AT W. 70TH ST. SOUND BARRIER PETITION RECEIVED. A petition signed by pro- perty owners on Larkspur Lane, Aspasia Lane, Trillium Lane and Lantana Lane request- ing a concrete sound barrier wall as opposed to one constructed of wood was referred to the Engheering Department by motion of Councilman Richards, seconded by Council- man Shaw and carried. Dzpartment . tfayor Van Valkenburg asked Council to make recom- Councilman Courtney's motion expressing the thanks of the Council 'to D Councilman Richard's motion accepting the letter and referring it to A copy of the letter of transmittal which had been sent by Richard G. Taplin, 4904 Aspasia Lane was also sent to the Minnesota Highway ORNAXENTAL STREET LIGHTS PETITIONED. Councilman Richards' motion referring a peti- tion for Ornamental street lights on the East side of Tamarac Ave. between Vernon Avenue and Aspen Road to tne Engineering Department for processing was seconded by Councilman Shaw ant: carried. ESCORT SERVICES ORDINANCE REQUESTED. from Ms. Susan Eddleson, Man Keller and Marylyn LaBissoniere commending the Council for taking action to control escort services. No action was taken. Council's attention was called to a letter UTLEY PARK HOCKEY RIXK COXTINUED TO JULY 7, 1975. Cwncilman Shaw's motion continuing discussion on the Utley Park Hockey Rhk was As recommended by Mr. Hyde, - seconded by Councilman Courtney and carried. .. FRANCE AVENUE FROM CROSSTOW HIGHWAY TO W. 70TII STREET PRELIMINARY FLANS APPEOWD. Mr. Dunn recalled that approval of preliminary plans for France Avenue from the Crosstown Highway to W. 70th Street had been continued from June 2, 1975, so that the time element involved could be checked. He advised that construction on T.H. 100 is scheduled for the first quarter of 1976 and "Lhat the work on France Ave. is scheduled for early 1978. offered the following resolution and moved its adoption: VHEREAS, Layout 3 Revised for CSAH 17 Project No. 6829 showing the proposed alignment for the construction of County State Aid Highway No. 17 (France Ave.) froml?. 62nd Street to \?. 70th Street within the City of Edina has been prepared and presented to the City of Edina: As recommended by Mr. Dunn, Councilman Cour'tmey XES OLUTION 6/16/75 NOW, THEREFORE, BE IT RESPLVED by the Edina City Ciuncil that said Layoht 3 be appr-oved and the County is hereby authorized to acquire the rights-of-way on the basis of said layout. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four ayes and no nays and the resolution was adopted. MY. Dunn said that he would check with the County to see that traffic signals in the area are coordinated as recommended by the Fire Department. "I. SHADE TREE DISEASE EEBRING NOTED. the Commissioner of Agriculture on shade tree disease control to be held on July 10, L975, at 10 a.m. in Room 83 of the State Office Building. The City will be represented. FEDERAL GENERAL REVENUE SHARING PLANNED USE RJIPORT TO BE FILED. by Plr. Hyde, Councilman Shaw'smotionadopting the following as the "Planned Use" for the $213,207 Edina will receive during the period from July 1, 1975, to June 30, 1976, was seconded by Councilman Richards and carried: Council was advised of a public hearing before As recommended Operating Capital Public Safety $ 10,000 Environmental Protection 0 Public Transportation 50 , 000 Recreation 10,000 Maintenance $ 50,000 18 , 000 50 , 000 15 , 000 CD 0 00 m W w Financial Administration 0 10 , 207 Totals $ 70,000 $143 , 207 Mr. Hyde pointed out that the report is not binding and may be amended as part of the 1976 Budget process. OUTLOT 1, EDINA PARKLANDS, ACQUISITION APPROVED. Mr. Hyde recommended approval of the acquisition of Outlot 1, Edina Parklands, advising that this property is one of the parcels of land that is being contemplated on the proposed bond issue. He said that the City would be paying $1.00 for an option to purchase the property and the balance of $14,999 would be paid on December 1, 1975, if the bond issue carries. Hr. Hyde clarified that the City acknowledges that the fair market value of the property is $30,000 and that the $15,000 difference between the pur- chase price and the fair market value is to be considered a contribution by the. seller to the City. moved its adoption: BE IT ilESOLVED that the Edina City Council authorize the Mayor and City Clerk to execute the purchase agreement for the acquisition of Outlot 1, Edina Parkland. Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. Councilman Shaw then offered the following resolution and RESOLUTION LAND USE DENSITY REFERRED TO PLANNING COMMISSION. to a letter from Mr. Erickson advising that the City Attorney believes that the City will have no liability to laadowners should it amend the comprehensive plans to reduce the densities presently contained in the City's comprehensive develop- ment guide plans, except in situations involving vssted rights of owners. lowing some discussion, COUNCILMAN RICHARDS' MOTION that the Planning Commission make specific recomaendations as to density requirements in the various residential districts and that these recommendations be submitted for Council consideration on July 7, 1975, was seconded by 'Councilman Courtney and carried. Mayor Van Valkenburg referred Fol- TRAFFIC SAFETY COXPIITTEE MINUTES OF JUNE 10, 1975, were presented by Mr. Dunn for Council action. Mr. Dunn recalled that the Traffic Safety Committee had reviewed the parking restrictions for the streets near the Edina East Campus and had recoin- mended approval of parking restrictions for Sherwood Ave., St. Andrews Ave. and 'Dalfymple Road of NO PARKING ANY TIME on the East side and NO PARKING 8 AM - 4 PM on the West side of each street. recommended restrictions was seconded by Councilman Shaw and carried. Councilman Courtney then offered the following resolutions as recommended by the Traffic Safety Committee and moved their adopt' Lion: RESOLUTION BE IT RESOLVED that the.Edina CPty Council requests the Edina School Board to give special consideration to the on-street parking problem existing at the Edina East Campus as part of their re-exanination of the School District's facilities, BE IT RESOLVED that the Edina Ci6 Council request the Minnesota Highway Depart- ment to close the road access to T.H. 100 at Hibiscus Avenue, inasmuch as this intersection is considered a Mction for adoption of the resolutioriwas seconded by Councilman Richards and on rollcall there were four ayes and no nays and the resolutions were adopted. Councilman Courtney's motion accepting the remainder of the Traffic Safety Com- mittee Minutes of June 10, 1975, was then seconded by Councilman Richards and Councilman Courtney's motion approving the I I RESOLUTION - carried. . 4.38 6/ Lb/ /3 ms. BETTY PAUGH APPOINTED TO BICENTENNIAL COMNISSION . Van Valkenburg, COUMCILkm SHAW'S NOTION was seconded by Councilman Courtney and carried appointing Mrs. BettyWPaugh as a member. of the Bicentennial Commission to replace Mrs. Roseinary Gubrud who had szbmitted. her resignation fron the Com- mission. As recommended by $fayor ... P~ISSON SOUTH ANNEXATION BY BLOOMINGTON CONTINUED FOR BLO!ININGTON DECISION. .: Mr . Hyde recalled that members of the staff had met with the City Manager, the Planner and the City Attorney of Bloomington concerning that city's request to annex the Rad- isson South property which now lies within Edina City limits. Ye said that Edina had proposed that Bloomingtongivein trade for the Radisson South property all land East of France Ave., North of the 1-494 Frontage Road to Edina's East boundary, along with land in the Northwest quadrant of Highway 18 and 1-494, South of Edina's border, East of Washington Ave. ation of properties in the two areas is $1,130,900, land only valuation on the Radisson South property in Edina. question of Councilman Courtney, Mr. Hyde said that he believed that the land East of France Ave. would be worth at least $1,500,000 after buildings have been constructed on the property. Following considerable discussion COUNCILXAN SHAW'S motion that no official action be taken until the City of Bloomir,gton responds to Mr. Hyde's proposal. Mr. Hyde advised that total valu- which is about equal to the- In response to a LOT 1, BLOCK 1, MUIR WOODS CONNECTION CHARGES APPROVED FOR SS-257 AND WM-218. AS recommended by Nr. Hgde, Councilman Richards offered the following resolution and moved its adoption: BE IT RJ3SOLVED that the Edina City Council authorize the assessment of connection charges for connection to Watermain Improvement No. Ii'bG218 in the amount of $1,419.85 and for connection to Sanitary Sewer Improvement No. SS-258 in the amount of $3,043.04 over a fourteen year period. MDtion for adoption of the resolution was seconded by Councilman Shaw and on roll- call there were four ayes and no nays and the resolution was adopted. RESOLUTION GRAYTOWER ESTATES FINAL PLAT APPROVAL CONTINUED INDEFINITELY. Ais recomended by $5~. Luccc, ~ COL2PXLXG PJCKAR1)S XOTION -wa.s:secondeii by Councilman Shaw and carried, continuing final plat zpproval indefinitely for Graytower Estates. I?T"D CONSTRUCTION COIPAXY FINDINGS AND ORDER APPROVED. called Council's attention to Findings and Order of Inland Construction Company which had been worked out by Chief Buresh, owners of the property and their respective attorneys and that all of the wcxk is to be completed by August 1, 1976. adopt ion : Mayor Van Valkenburg Councilman Courtney then offered the following resolution and moved its RESOLUTION BE IT RESOLVED that the Edina City Council does hereby accept Findings and Order for InlaDd Construction Company building located at 7651-7697 FJzshington Ave. S. Notion for zdoptior of the resolution was seconded by Councilman Shaw and on roll- call there were four ayes and no nays and the resolution was adopted. REDISTRICTING SUGGESTIOXS MADE TO HENNEPIH COUNTY BOW OF COXMISSIONERS. Councilman Courtney offered the following resolution and moved its adoption: A RESOLUTION OUTLINING PEDISTRICTING CRITERIA TO BE USED BY THE HELVEPIN COUNTY BOARD OF X" COILMISSIONERS WHEREAS, the Hennepin County Board of Commissiocers is d-irected by the laws of the State of Minnesota-to redisirict itself by July 15, 1975, and to increase its mew bership to seven; and LEIEREAS, the Population DistriSution in the County is currently 45.2% Minneapolis and 54.8% outside of Elinneapolis and Hcnnepin County Commissioner Districts should reflect this population distribution; and TJKEREAS, there are differences in needs and problems existing in the different com- munities in the County; NOW, THEREFORE, BE IT RESOLVED that the City of Edina urges the Commissioners of the County of Hennepin to conform to Chaptex 576 of the laws of llinnesota, 1974 which states that "Each district shall be composed of contiguous territory as regular in forn and as nearly equal in population as practicable"; and BE IT FURTHER RESOLVED that in conforming 'ti0 the State Statute above mentioned, the Commissioners of Hennepin Counzy adopt the following suggestions as fair 'and equitable guidelines for its redistricting responsibilities and decisions: 1. Except for Minneapolis, where precinct lines shall not be crossed * each Hennepin County Huiiicipality shall 3e fully contained within one of the ~ I Gomxiissioner Districts, 2. The seven districts shall be dtstributcd into.. .three wholly suburban districts,.three districts wholly w3thfn bfii:neapolis (plus St. Anthony) and -_ = A. 6/16/75 i Eg 0 a3 hh w u W .. J .I - -, . .. -- one district which is-wholly rural. 3. ' Each district shall reflect common comunity interests and needs and shall 9 ignore partisan political considerations. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four ayes and no nays and the resolution was adopted. LOGONDERRY DRIVE/BISCAYNE BLVD . '*INTERSECTION STOP SIGN REQUESTED. fied gentleman in the audience protested that the intersection of Londonderry Drive and Biscayne Blvd. is dangerous and requested that a STOP sign be in- stalled. He was told to contact Mr. Hoffman with regard to his request.. An unidenti- BROOKSIDE AVENUE VACATION HEARING DATE SET. Councilman Richards offered the following resolution and moved its adoption: As recommended by Mr. Dunn, RESOLUTION CALLING PUBLIC HEARING ON VACATION OF PORTION OF BROOKSIDE AVE. BE IT RESOLVED by the City Council of the,City of Edina, Hennepin County, Minn- esota, as follows: should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412,851 and 160.29: 1. It is hereby found and determined that the following described street That part of Brookside Avenue, as shown on the plat of Grand View Heights, on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, which lies between the Easterly extension across Brookside Avenue of the South line of Tract C, Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennepin County, Minnesota, and the extension across Brookside Avenue of the South line of Hopkins Road, as shown on said plat of Grand View Heights. 2. This Council shall meet at the time and place specified in the form of notice included in paragraph 3 hereof for the purpose of holding a public hearing on whether such street vacation shall be made in the interest of the public. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City,.the first publication at least 14 days prior to the date of such hearing and to post'such notice, at least 14 days prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. 3. Such Sotice shall be in substantially the following form: CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON STREET VACATION IN THE CITY OF EDINA HENNEPIN COUETY MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall in the City, on July 21, 1975, at 7:OO o'clock p.m., for the purpose of holding public hearings on the proposed vacation of the following described street: .. All the That part of Brookside Avenue as shown on the plat of Grand View Heights, on file and of record in the office of the Register of Deeds, Hennepin County, Minnesota, which lies between the Easterly extension across Brookside Avenue of the South line of Tract Cy Registered Land Survey No. 1393, Files of the Registrar of Titles, Hennepin County, Minnesota, and the extension across Brookside Avenue of the South line of Hopkins Road, as shown on said plag of Grand View Heights. persons who.desire to be heard with respect to the question of whether or not above proposed street vacation is in the public:interest.and' ... should be made shall be heard at said time and place. the extent to which such proposed street vacation affects existing easements within the area of the proposed vacagion and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or teLephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vacation, to cont- Xnue maintaining the same or to enter upon such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which ' any or all of any such easements, and such authority to maintain, and to enter up06 the area of the proposed vacations, shall continue, BY ORDER OF THE EDINA CITY COUNCIL. Motion for adoption of the resolution was seconded by Councilman Shaw and on rol,lcall there were four ayes and no nays and the resolution was adopted. The Council shall consider Florence B. Hallberg City Clerk -. ibU- 6ji6175 J .. " ALLEY VACATION HEARING DATE SET. offered the following resolution and moved its adoption: As"reco&ended by M?. Dunn, Councilman Saw - RESOLUTION CALLING PUBLIC HEARING ON ' ALLEY VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: be considered €or vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: 1. It is hereby found and determined that the following'described street should That part of the North-South alley lying within Block 5; HarkLet Manor South Addition, which lies between the Westerly extension of the North line of Lot 7, said Block 5 and the Westerly extension of the South line of lot 9, said Block 5; 2. This Council shall meet at tde time and place specified in the form of notice iccluded in paragraph 3 hereof for the purpose of holding a public hearing on whether such street vacation shall be made in the interest of the public. The Clerk is authorized and directed to'cause notice of the week, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, beiag the official newspaper of the City, the first publication at least 14 days orior to the date of such hearing and to post such notice at least 14 days prior to the date of such hearing, in at least three (3) public and conspgcuous places in the City, as provided in Ninnesota Statutes, Section 412.851, substantially the following form: 3. Such notice shall be (Official Publication) CITY OF EDINA 4801W. 50th STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON PUBLIC HEARINGS ON ALLN VACATION IN CITY OF EDINA, HENNEPIN 2: . .. .. ... COUNTY, MIW-ESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall in the City, on July 12, 1955, at 7:OO o'clock P.M. for the purpose of holding public hearing on the proposed vacation of the following described alley: That part of the North-South alley lying within Block 5, Harriet Manor- Second Addition, which lies between the Westerly extension of the North line of Lot 7, and Flock 5; I All persons who desire to be heard with respect to the question of whether or not the above proposed alley is in the public interest and should be made shall be heard at said time and place. alley vacafion affectsexisting easements within the area of the proposed vacation aad the extent to which the vacation affects the authority of anx person, corporation, or municpality owning or controlling electric or telephone poles and lines, gas and sews lines, or water pipes, mains, and hydrants on or under the area of the proposed vacatioa, to continue maintaining the same or to enter upon such street or alley or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution the extent to which any or all of any such easements, 2nd such authority to maintain, and to enter u~on'the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL. The Counciltshall consider the extent to which such proposed Florence B. Hallberg City Clerk Notion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were four ayes and no nays and the resolution was adopted. BIDS TO BE TAKEN FOR NUMEROUS IMPROVENENTS. Shaw offered the following resolution and moved its adoption: As recommeaded by Mr. Dunn, Councilman RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEEBNT FOR BIDS I FOR STREET IMPROVENENTS NOS. BA-205 MD BA-207, SIDEWALK IMPROVEMENTS NOS. S-11, S-12, S-13, SANITARY SEWER IMPROVEMENTS MOS . SS-322, SS-323 , SS-324 WATERMIN IBIPROVENENTS NOS. Wlf-292, WM-293, FJM-294, FX-295 . .. STOFtU SEWER IMPROVEIENT NO. ST.S-144 GK4DING AND GRAVELING IMPROVEMENT NO. C-117 I BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1,' The plzns ad specifications for the proposed improvements set forth in the 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. letin the following aotice for bids for improvements: The Clerk shall cause to be published in the Edins Sun and,Construction Bul- c 6/16/73 -- *I ". (Official $Publicatfan ~ CITY OF EDIMA HENNEPIN COUNTY , NINNESOTA ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS NOS. BA-205 AND BA-207 . SIDEWALK IMPROVEMENTS NOS. S-11, S-12, S-13 SANITARY SEWER IMPROVEM3NTS NOS. SS-322, SS-323, SS-324 WATEW4IN IMPROVEHENTS NOS. WM-292, WM-293, WM-294, WM-295 STORM SEWER IMPROVEMENT NO. ST.S-144 GRADING AND GRAVELING IMPROVEMENT NO. C-117 CONTRACT NO. 75-4 (ENG) BIDS CLOSE JULY 18, 1975 SEALED BIDS will be.received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street, at 11:OO A.M. Friday, July 18, 1975,eand the Edina City Council will meet at 7:OO P.M., on Monday, July 21, 1975, to consider said bids for the construction of Permanent Street Surfacing and Concrete Curb and Gutter, Sidewalk, Sanitary Sewer, Watermain, Storm Sewer and Grading and Graveling. The following are approximate quantities of major items: PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENTS NOS. BA-205 AND BA-107 I 30 , 000 C/Y, Excavation 31,500 S/F, Concrete Sidewalk 7 , 530 L/F, Concrete Curb and Gutter 5 500 Tons, Bituminous Paving 2,050 Tons, Aggregate Base 2 , 040 S/F, Concrete Crib Wall 5 , 200 S/F, Wood Retaining Wall SIDEWALK IMPROVEMENT NUMBERS s-11, s-12, S-13 5.000 C/Y, Excavation , 521800 . S.F, Concrete Sidewalk 1 .- 8,000 S/Y, Sod 60 ' L/F. Ornamental Brick Guardrail SANITARY SEWER IMI'ROVEMENT NOS. 88-322, SS-323, SS-324 1,960 L/F, 8" V.C.P Each, Manholes ~> 5 WATERMAIN IMPROVEMENT NOS. WM-292, M-293, WM-P-294, WM-295 1,820 L/F, 6" D.I.P. 2 Each, Hydrants STORM SEWER INFROVEMENT NO. ST.S-144 333 L/F, 12" and 15" R.C.P. Storm Sewer and Appurtenances 3 , 000 C/Y , Excavation 1,500 Ton C.15 Gravel GRADING AND GRAVELING IMPROVEMENT NO. C-117 15,000 C/Y, Fill Bids shall be in a sealed envel-ope with a statement thereon showing the work covered by the bid. Edina, 4801W. 50th Street, Edina, Minnesota, 55424, and may be mailed or sub- mitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiv- ing them may be returned unopened. Work must be done as described in plans and specifications on -file in the office of the City Clerk. $25.00 (bg check). 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 amount of base bid. The Council reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. Bids should be addressed to the City Engineer, City of . Bids received by the City Engineer, Plans and specifications are available for a deposit of Said deposit to be returned upon return of the plans and ' Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were four ayes and-no nays and the resolution was adopted. MINWESOTA HISTORICAL SOCIETY HISTORIC PRESERVATION AWARD RECEIVED. Mr. Hyde advised Council that the Historical Society had been given an Historic Pre- servation Award 5y the Xinnesota Historical Society at the dedication of the Frank Tupa Historical Park for restoration of Cahill School. CL4h4S PAID. Motion of Councilman Courtney was seconded by Councilman $haw and -General and Revenue - ) carried for payment of the: following claims per Pre-List : Sharing, $39,202.20; Constructipn Fund, $261,402.80; Park Funds, $21,821.30; Water Pcnd, $13,412.05; Liquor Fund, $209,697.47; Sewer Fund, $1,636.77; Inprove- ments, $677,692.97; Total, si, 224,855.56. . The agenda having been covered, Councilman Shaw's motion for adjournment was seconded by Councilman Courtney and carried. Adjournment at 10:23 p.m. -m 9L A. %LLue-?; City Clerk . 5 4 .r . t