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HomeMy WebLinkAbout19760223_regularMINUTES -3F THE REGULAR IGETING OF THE EDIIA CITY COUNCIL HELD AT CITY HALL ON ElONDAY, FEBRUARY 23, 1976 Answering rollcall were members Courtney, Rlchards, Schmidt, Shaw and Mayor Van Valkenburg. XINUTES of February 9, 1976, were approved as submitted by motion of Council-. woman Schmidt, seconded by Councilman Richards and carried. 3EW"NWA CREEK WATERSHED DISTRICT 13PROVEMENTS AUTHORIZED IN CONCEPT : PARKING LOT AND CANOE LANDING LOCATIONS TO BE DETEFWNED LATER. Councilman Richards advised that his firm represents the Minnehaha Creek Watershed District and left the meeting during discussion of the Minnehaha Creek Watershed District improve- ments. Acting City Manager, Kenneth Rosland, recalled that this matter had been continued. from the Council Meeting of January 19, 1976, €or recommendations of the Park Board and had subsequently been continued from the Council Meeting of February 9, 1976, for lack of a voting quorum. He referred to minutes of the Special Park Board Meeting of January 27, 1976, at which the Park Board recom- mended the construction of a parking lot generally located at the extension of Vandervork Avenue and a canoe landing located Northerly and TJesterly of the, parking lot, the construction plans being subject to approval of the Edina Park and Recreation Department. The Park Board also recommended deletion of the . entire perimeter walking path around the Meadowbrook marsh and that the trail center and kiosk facilities be deleted. Mr. Hughes said that the Environmental Qual+ty Commission had recommended essentially the same plans as the Park Board sxcept that the trail center portion of the plan should be kept in its entirety but that they did recommend against the walking trail. Circle East,' was told that the proposed parking lot would be located a3out 700 to 800 feet from houses on Circle East. 4428 Vandervork Ave. objected that residents had not had sufficient notification prior to the hearing. He said that neighbors believe that the proposed canoe landing site is not good and that it would be undesirable to construct the parking lot. I&. L. Kelly of the Watershed District assured the Council that the Watershed District is agreeable to whatever action the council decides to take. that it will be necessary to submit the application to the Department of Natural. Resonrces. FoIlowing considerabxe discussion, Councilman Courtney moved that the Council adopt the recommendations of the Park Board with the understanding that -_ the residents in the area could contact the Park Board with their ideas and that the matter would-be referred back to the Council for final action at a later date. A resident at 4360 Brookside Court was assured that, in accordance with Ghe motion, the circumference trail would be excluded from the proposal. seconded by Councilman Shaw and carried. Councilman Courtney then made the motion that all of the additional projects proposed to be located in Edina, including canoe landings, the portage trail, and portable picnic facilities at the Browndale Dam and Utley Park, maintenance dredging upstream and downstream of W. 44th Street, canoe landings and a portage trail in the vicinity of 54th Street and rock dam renovation upstream of France Avenue be approved. Councilmsn Shaw and carried. contact man for the neighbors to discuss the location of the parking lot. man =chards returned to the ineeting. Mr. David Baldwin, 6 An unidentified gentleman who lived at Ee suggestes that the parking lot could be constructed in the present park. He added The motion was The motion was seconded by Mr. Rosland requested that Mr. Winsness be the Council- PUELIC HEARIEGS CONDUCTED ON NUMEROUS IMPROVEMENTS. presented by Clerk, approved as to form and ordered placed on file. Affidavits bf Notice were Pursuant to due notice given, public hearings were conducted and action taken as herein recorded. A- ORNAMENTAL STREET LIGHTING IMPROVEMENT NO. P-L15 IN THE FOLLOWING: I Xerxes Avenue fromHeritage Drive to the East line of part of Lot 4, Cassin's Outlots Acting City Manager Rosland recalled that this hearing had been continued from January 19, 1976, so that the'Engineer could obtain light mster readings on the street and in back yards and could check further with the City of Richfield on irs intentions. k. Dunn referred to 'a tabulation of light meter readings . ., taken by Northera States Power Company which indicated that the uniformity of lights in other areas of Richfield is considerably greater than on Xerxes Ave. He said that there was no light reading at all in the area South of 74th and Xerxes Ave. Mr. Dan said that the City of Richfield has indicated that it will continue with the installation of its lighting system whether or not Edina participates. Nr. Ted L. Anderson, 6612 Xerxes Ava. S., objected that, inasmuch as Richfield has 2% times the number of homes as Edina, they should pay a pro- portionate share of the cost of the improvement and that he did not believe that ornamental lights were necessary. Mr. C. L. Morrison, 6624 Xerxes Ave., also obj,ected to the improvement inasmuch as it would cost Edina residents too much. 14r- D. E. Rallaway, 7708 Xerxes Ave., also objected to the proposed improvement. 2/23/76 , Councilman Richards then moved that the improvement be authorized. to accept Councilman Courtney's anendment to the motion that costs be negotiated with the City of Richfield and the motion died for lack of a second. Councilman Shaw said that he believed that if lights were needed,. they cculd be installed by Northern States Power Company without cost to residents and moved that the projec- be abandoned. Councilman Richards and Mayor Van Valkenburg voting "Nay". He declined { Motion was seconded by Councilwoman Schmidt and carried, with B. SIDEWALK. IMPROVEMENT NO. P-S-15 IN THE FOLLOWING: Xerxes Avenue from Heritage Drive to the East line of part of Lot 4, Cassin's ',Outlots (West side of Xerxes Ave. between Heritage Dr. and TJ. 66th Street) C. SIDEWALK IMPROVEMENT NO. P-S-16 IN THE FOLLOWING: York Avenue from Heritage Drive South 1500' f to cul-de-sac (both sides); W. 64th Street from York Avenue to Xerxes Avznue (both sides); Heritage Drive from Xerxes'Avenue to 300' East of Barrie Road (South side only) ' * Mr. Rosland presented total estimated cost for Sidewalk Improvement No. P-S-15 at $26,688.26, proposed to be assessed at $11.93 per assessable foot, with a possible 50% contribution by Hennepin County. Mr. Rosland presented total estimated cost for- Sidewalk Improvement No. P-S-16 at $54,961.42, proposed to be assessed at an estimated cost of $15.14 per assessable foot. Petitions in opposition to P-S-15 signed by renters and property owners of Xerxes Avenue properties were presented. 'by an unidentified gentleman who said that the sidewalk would always be filled with snow when Xerxes Avenue was plowed. A letter from Mr. C. A. Pratt, owner of.the apartment building at 3201 Heritage DrLve, objecting to P-S-16 was noted. Speaking in opposition to P-S-16 were Mr. John Miller of the Edina Seasons apart- Directors for the Yorker condominium at 6400 York Ave. Speakers contended that the sidewalks "didn't go anywhere", that they would spoil landscaping along the boulevards and would be an unnecessary expense. Messrs. Edward Mark and Robert Mark, 6420 Xerxes Ave., objected that they would have to increase their monthly rental by $12.50 to pay for the improvement. They added that the fact that there is never a path on the boulevard in the summer indicates that people do not walk alofig Xerxes Avenue. A letter objecting to both improvements was noted from Mr. and Mrs. Byron E. Napier. Mr. Dunn pointed out that these improvements had been brought to hearing because of complaints received by the Traffic Safety Committee that traffic along Xerxes Avenue made it unsafe to walk in the street to reach Southdale. Sidewalk Improvements Nos. P-S-15 and P-S-16'be abandoned was seconded by Councilman Courtney and carried. . W. 66th Street (North side only) from Rolf Avenue to Ridgeview Drive; I -merits on York Avenue and Mr. Jack Hanson who said that he was on the Board Of ~ Following discussion, Councilwoman Schmidt's motion that D. SIDEWALK INPXOVEMENT NO. P-S-17 IN THE FOLLOWING: <Ridgeview Drive (both sides) from W. 66th Street to Valley Laqe; I Valley Lane (both sides) from Ridgeview Drive to Valley View Road; Valley View Road (East side onrv) from Valley Lane to W. 66th Street Mr. Rosland advised that, contrary to the legal advertisement in the Edina Sun, the cost-of Sidewalk Improvement No. P-S-17 is to be paid from State Aid Funds and that there will be no assessment levied against abutting property owners. were also told that the City will plow all sidewalks. Mr. Dunn recalled that this improvement was instigated along with discussion on the necessity of in- stallation of a STOP sign at Creek Drive and Valley Lane. Traffic Safety Committee had believed that if sidewalk was installed in that area, the necessity of the STOP sign might be eliminated. to a petition signed by numerous property owners and to legters objecting to the sidewalk from Mrs. T. M. Houser and from Mr. and Mrs. L. R. Marquardt. Mrs. Mar- quardt said that she believed that construction of the sidewalk would spoil the rural effect of front yards and objected that children could not ride their bikes on sidewalks. She contended that sidewalks are not congruous with the good plan- ning of the City of Edina. Ridgevisw Drive who suggested that a STOP sign might help on Ridgeview Drive also, Messrs.Joseph 'A. Sortina, 5508 Valley Lane, and Eric Swanson, 6500 Limerick Drive, objected to the sidewalk but expressed concern about the safety factor. Mrs. Thomas Houser, 5416 Valley Lane, said that streets in the area were not planned to carry the present volume of traffic. woman Schmidt's motion that the sidewalk inprovement be abandoned was seconded by Councilman Shaw and carried. Mr. Neil W.. Solberg, 5504 Valley Lane then recalled that at the time the STOP sign was installed, only two people opposed construction of the sidewalk. He said that over 50% of the residents fa17or the sidewalk, that that there is no assurance that children in the area would continue to be bussed Residents He said that the Council's attention was called Objecting to the improvement were a resideizt at 6512 *rather than the sidewalk. Council- I +- the City should have advised residents that landscaping would be replaced and to school. Mr. David R. Brown, 6421 Limerick Drive, suggested that another STOP ,project could be cut back if that was desired. inasmuch as there appeared to be a confusion of facts, he believed Chat the hear- j.ng should be reconsidered. He then moved that a new hearing be set and that new notices be sent out. *-si@ might be studied. Mrs. Gale Shamblott, 5500 Valley Lane was told that the .. Councilman Richards then said that, Mr, Dunn said that he has already been conducting traffic Y 'I 6 2/23/76 '*) studies in the area and would bfing the results of ';;hese studies to the nest hear- Trig. Blocion of Councilman Richards was seconded b$ Councilwoman Schmidt and the motion carried unanimous.1y. ** E. STOW SEWER IPlPROVEMI3NT NO. P-ST.S-149 IN THE FOLLOWING: Easement lines from the South side of Interlachen Blvd. to pond South of From pond South of Cooper Circle to Paddock Road; Paddock Road from South line of Lot 14, Rolling Green Addition North of Ldt Mr. Rosland presented total estimated construction cost at $42,126.00, proposed to be assessed against benefited property at a rate of $89.81 per 1,000 square feet. against properties that are presentpi experiencing particular problems that will be alleviated by construction of the project and that assessment of such special benefits will reduce the estimated general rate somewhat. It was clarified that the extraordinary benefits would be determined at the Assessrnent Hearing. ?3r- Dunn recalled that this improvement has been brought to hearing as a result of a petition which was submitted to Council in July, 1975,'and that some of the I signers are now sorry that they had signed the petition. that the problem concerns a land-locked pond behind Cooper Circle which has caused problems of varying degrees over a long period of time. Letters sent in opposition to the improvement were noted from Mr. 3anes J. Owston, 23 Cooper Circle, Mr. John S. Hibbs, 25 Cooper Circle, Mr. John R. Heim, 3 Cooper Ave.,and from Mr. Harold J. Pohlad, 9 Cooper Avenue, who requested that his name be A petition signed by a number of residents in the area was also presented, which petition also expressed opposition to the improvement. Mr. Wayne Sweet, 29 Cooper Circle, said that he . had originated the petition which was submitted to Council last July and recalled ghat he has repeatedly resodded his yard since 1968 because of the flooding of . the pond. the surface would be difficult. Mr. Eugene Felton, 5505 Interlachen Blvd., said that 'ne had circulated the petition opposing the improvement and that residents felt fact that there was no damage to Mr. Sweet's house. Councilman Shgw's motiop that the improvement be denied was seconded by Council- man Courtney and carried.. Cooper Circle; ' 9, Rolling Green Addition He explained that it is anticipated that special benefits will be assessed Mr. Dunn clarified I stricken from the original petition for the improvement. He was advised by.Mr. Dunn that draining the pond' to the Northwest on that the storm sewer was far tor, expensive, particularly in view cf the Following discussicn, F- WATERMAIN IMPROVEMENT NO. P-I=-301 IN THE FOLLOVING: York Terrace from W. 74th St. to N. 75th Street; Easement line I?. 75th Street and W. 74th Street from York Avenue to York Terr. York Terrace from W. 75th Street to IJ. 74th Street i' G. SANITARY SEWER DPROVEMENT NO. P-SS-330 IN THE FOLLOWING: Watermain Improvement No. P-133-301 and Sanitary Sewer Improvement No. P-SS-330 affecting the same properties, public hearings were conducted concurrently. Mr. Rosland presented total estimated construction cost of Watermain Improvemerk No. P-WM-301 at $19,587.02, proposed to be assessed at an estimated cost of $2,798-15 per lot. . Estimated total construction cost or' Sanitary Sewer Improvement *No;' P-SS-330 was given at $13,348.58, proposed to be assessed at $1,906.94 per lot. In response to an unidentified gentleman in the audience, Mr. Dunn advised that if the bTds were too high, the work would not be done at this time. He advised would be to go to Richfield and that would be more costly. Councilman Courtney's motion authorizing the improvements was then seconded by Councilwoman Schmidt,and carried. - W. Gene Herman, 7405 York Avenue, that the alternate method of construction (See Resolution Ordering Improvements later in Minutes.) 3, STREET ~PROVEMENT NO. P-BA-215 IN THE FOLLO17ING: McCauley Terrace from McEauley Trail East to cul-de-sac Mr. Rosland presented estimated construction of the improvement at $11,157.57, proposed to be assessed against 574.29 assessable feet at $19.43 per foot. Thomas McCauley, speaking for his mother, Mrs, Betty Jane EicCauley, and Mr. John McCauley both expressed opposition to installation of curb and gutter, Being advised by Hr. Dunn that a bituminous berm would be satisfactory, Councilman Shaw's motion was seconded by Councilnan Courtney and carried authorizing the improvement withoEt curb and gutter. later in Minutes.) Mr, (See Resolution Ordering Improvements 1. STREET IMPROVEMENT NO. P-BA-216 IN THE FOLLOWING: Glasgow Drive from W. 78th Street to cul-de-sac Mr. Rosland presented total estimated construction cost at $18,069.39, proposed to be assessed against 1.5 assessable lots at $1,204.63 per .lot and said that the improvement is being brought to hearing because of a petition previously sub- mitted to Council. An unidentified gentleman in the audience was told by Mr. Dunn that there had not been problems with roads in other areas when construction ' trucks drove over them. ment of the Schuster property. An unideqtified lady said that she hoped that. curb and gutter would be included in the project. authorfzing the improvement was seconded by Councilman Richards and carried. He said that Glasgow Drive would not be used for devel- Councilman Courtney's motion (See 2/ 231 76 m w W Resolution Ordering Improvement later in Minutes. ) .J: STREBT IMPROVEMENT NO. EA-& IN THE FOLLOWING: Waterman Avenue from Waterman Circle West to cul-de-sac Hr. Rosland presented total estimated construction cost zit $14,863.24, pro- posed to be assessed against 541.39 feet at an estimated cost of $27.45 per foot. "clean-up situation'' and that a cul-de-sac will be constructed at the end of the speet. the four property owners in the area and that they oppose the improvement. Dunn agreed that the existing street is in good condition. told that the City will not continue to maintain the street over the years. ,f-urther discussion being heard, Councilman Courtney's motion was seconded by Councilman Shaw and carried that the project be abandoned. K. STREET IMPROVEMENT NO. P-C-120 IN THE FOLLOWING: .' , West Highwood Drive from Blake Road East to cul-de-sac . West Highwood Drive from Blake Road to cul-de-sac at existing West Highwood M. STORM SEWER IMPROVEMENT NO. P-ST.S-147 IN THE FOLLOWING: Vest Highwood Drive from 269' East of Blake Road to Mirror Lake ,N. PERMANEMT STREET SURFACING AN6 CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-217 IN THE FOLLOWING: West Highwood Drive from Blake Road East to cul-de-sac Mr. Rosland advised that Street Improvement No. P-C-120, Watermain Improvement No. P-SJM-302, Storm Sewer Improvement No. P-ST.S-147 and Street Improvement No. P-BA-217 costs are to be shared between the lots to be developed as building sites in the Whiteaan Addition and the portion of the Whiteman property acquired by the City for (4,000.00 of which is to be paid by the City as per agreement) is proposed to be assessed against 417.63 assessable feet at anestimated cost of $13.62 per assess- Estimated total construction cost proposed to be assessed for Water- main' Improvement No. P-\M-302 at $8,226.70 proposed to be assessed against five assessable lots at $1,645.34 per lot. for Lots 1 and 2, Block 1 ($2,220.10)are proposed to be paid to Watermain Improve- ment 212. P-ST. S-147 was given at $14,747.28, proposed to be assessed against 13 'assessable lots at $1,134.41, with the cost of oversizing, the line *($1,205.10) tb be paid by the City. .Total estimated construction cost for Permanent Street Surfacing and Concrete Curb and Gutter Improvement No. P-BA-217 was given at $12,862.35 (less $6,000.00 to be paid by the City as per agreement), proposed to be assessed against 417.63 assessable feet at an estimated cost of $16.43 per assessable foot. My. H. C. Whiteman;5201 Blake Road, said that he had no objections to the improvements. seconded by Councilwoman Schmidt and carried. ments later in Minutes.) ' . Mr. Dunn advised that this improvement is being brought to hearing as a Mr. Paul Brown, 6621 Waterman Avenue, said that he represents three of Mr. No Mr. Brown was also L. WATERMAIN IMPROVEMENT NO. P-WM-302 IN THE FOLLOWING: I Drive 500' + of Pine Grove Road 9 .park purposes. He presented total estimated construction cost of P-C-120:at $9,686.66 'able foot. He pointed out that connection charges Total estimated construction cost for Storm Sewer Improvement No. Councilman Courtney's motion authorizing the improvements was (See Resolution Ordering Improve- 0. SANITARY SEWER IMPROVEMENT NO. P-SS-317-A IN THE FOLLOWING: Easement line from Lot 5, Block 1, Whiteman's Addition to South line of cul- de-sac l(r. Rosland explained that the purpose tary sewer outlet for future use for the properties lying South of the Whiteman Addition. He presented total estimated construction cost at $5,084.18, pro- po.sed to 3e assessed against 14 assessable lots at a rate of $363.16 per assess- able lot. No objections were heard, whereupon Councilwoman Schmidt's motion authorizing the improvement was seconded by Councilman Richards and carried. (See Resolution Ordering Improvement later iz Minutes.) of this improvement is to provide a sani- ' P. GK4VELING IMPROVEMENT NO. P-C-121 IN THE FOLLOWING: Malibu Drive in Edina Green WATERMAIN IMPROVEMENT NO. P-WM-303 IN THE FOLLOWING: Malibu Drive, Lincoln Drive and Easements in Edina Green Malibu Drive in Edina Green Malibu Drive and Easements in Edina Green PEREiANENT STREET SURFACING WITH CONCRETE CURB AND GUTTER I~ROVEMENT P-EA-218 IN THE FOLLOWING: , Q. R. SANITARY SEWER IMPROVEMENT NO. P-SS-331 IN THE FOLLOWIKG: S. STORM SEWER IMPROVEMENT NO. P-ST.S-148 IN THE FOLLOWING: T. . Malibu Drive and Lincoln Drive in Edina Green Mr. Rosland said that Graveling Improvement No. P-C-121, Watermain Improvement No. . P-WM-303, Sanitary Sewer Improvement No. P-SS-331, Storm Sewer Improvement No. ,, P-ST.S-148 and Permanent Street Surfacing with Concrete Curb and Gutter Improve- ment No. P-BA-218 are proposed to be Constructed as Plan B improvements by the City of Edina for Edina Green and assessed over a three year period in accord- 'ance with the terms of a Developer's Agreement to be entered into between the pev.eloper and the City of Edina. , - ,of Graveling 1mprovement.No. P-C-121 at '$9,553.99, proposed to be assessed against He presented total estimated construction cost I 2/23/76 .. - I6 assessable lots at an estimated cost of $597.12 per asgessable lot. sented total estimated project cost for Watermaiii Tmprovement No. P-IN-303 at $29,371.33, proposed to be assessed agxinst 22 assessable residential connections at $1,176.14 and against a Plaiineil Industrfal District Lot at $3,496.30. Nr. Rosland presented total estimated construction cost of Sanitary Sewer Improve- ment No. P-SS-331 at $26,050.73, proposed to be assessed against 23 assessable connections at $1,132.64 per.connection. Total estimated construction cost for Storm Sewer Improvement No. P-ST.S-148 was given at $6,999.73, proposed to be assessed against 17 assessable 'lots at an estimated cost of $411.75 per connec- tion. Concrete Curb and Gutter Improvement No. Y-BA-218 was given at $35,496.59, pro- posed to be assessed against 16 assessable lots at an estimated cost of $1,364.43 per assessable lot. offered the following resolution and moved its adoption: He pre- . Total estimated construction cost for Permanent Street Surfacing with , No objections were heard, whereupon Coilncilman Courtney RESOLUTION ORDERING DPROVEMENTS NOS. STREET IMPROVEMENTS NOS. C-120, C-121, BA-215, BA-216, BA-217, BA-218- WATERMAIN IMPROVE3ENTS NOS. WM-301, WI-302 AND WII-303 SANITARY SEWER IMPROVDENTS NOS SS-330, SS-317-h, SS-331 STORM SEW3R IMPROVEMEXTS 'NOS. ST.S-147 AND ST.S-148 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 ormers.of each parcel within the area proposed to be assessed on the following proposed improvements: ING : West Highwood Drive from Blake Road East to cul-de-sac CONSTRUCTION OF'GRADING AND GRAVELING IMPROVEMENT NO. P-C-121 IN THE FOLLOW- ing : 1 Malibu Drive in Edina Green -. 3. CONSTRUCTION OF PERIANENT STREET STJR??ACING WITH CONCRETE CURB AND GUTTER IN- 1. .CONSTRUCTION OF GRADING A?AD GRAVELING IIPROVEMENT NO. P-C-120 IN THE FOLLOW- 2. ' TEE FOLLOWING: (P-BA-215) ' McCauley Terrace from McCauley Trail East to cul-de-sac 4. CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CUR3 AND GUTTER IN THE FOLLOWING: (P-BA-216) Glasgow Drive from'W. 78th Street to cuT-de-sac CONSTRUCTION OF PERMANENT STREET SURFACING WITH CONCRETE CTJRB AND GUTTER, iv'est Highwood Ijrive from Blake Road East to cul-de-sac DPROVE3ENT NO. P-BA-218 IN 'JXE FOLLOWING: lfalibu Drive and Lincoln Drive in Edina Green CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-SS-330 IN THE FOLLOTJI.NG:, York Terrace from V. 75th Street to W. 74th Street Easenient line from Lot 5, Block 1, IJhitenan's Addition to South line of cul- de-sac on West Highwood Drive Malibu Drive in Edina Green .I EasemenC line W. 75th and W. 74th Street from Pork Avenue to York Terrace; York Terrace from W. 74th Street to 14. 75th Street West Highwood Dri-ve from Blake Road to cul-de-sac at existing West Highwood Drive 500' +North of Pine Grove Road Mziibu Drive, Lincoln Drive and Easements in Edina Green West Highwood Drive from 269' East of Blake Road to Nirror Lake EIalibu Drive and easements in Edina Green 5. .,. P-Bk-217 IN THE FOLLOWING: * 6. CONSTRUCTION OF PERMANEST STREET SURFACING AND CONCRETE CURB AND GUTmR . .a 7. 8. CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. SS-317-A IN THE FOLLOWING: 9. CONSTRUCTION OF SANIT,QY SEWER IMPROVEMENT NO. P-SS-331 IN THE FOLLOKCNG: 10. CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. P-WI-301 IN THE FOLLOWING: II. CONSTRUCTION'OF WATERMAIN IMPROVENENT NO. P-W-302 IN THE FOLLOWING: 12. CONSTRUCTIO~ OF WATERMAIN IMPROVEMENT NO. P-WM-303 IX THE FOLLOWING: 13, CONSTRUCTION OF STORII SEWER LWROVEHENT NO. 2-ST.S-147 IN THE FOLLOWING: 14. CONSTRUCTION OF STOR24 SEWER IMPROVEMENT NO. P-ST.S-148 IN THE FOLLOWING: 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 f-dly advised of the pertinent facts does hereby determine to proceed with the construction of said improvements, except that the concrete curb and gutter are eliminated from Improvement No. BA-215, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvenents are hereby designated and shall be referred to in all subsequent proceedings as follows: No. 1 Above GRADING AND GRAVELING IMPROVENENT NO. C-120 No. 2 Above GRADING AND GRAVELING IMPROVEMENT NO. C-121 No, 4 Above * STREET IMFROVEMENT NO. BA-216 No. 5 Above STWET IMPROVEMENT NO. BA-217 No. 6 Above STREET IMPROVEMENT NO. BA-218 No. 3 Above STREET IMPRO'JEXENT NO. BA-215 .. - 1 .. 7 9' 2/23/76 i!z w w SANITARY SEWER IMPROVEMENT NO. SS-330 . SANITAFY SEWER IlPROVEMENT NO. SS-317-A *. No. 7 Above I. No. 8 Above No. 9 Above SANITARY SEWER IMPROVEMENT NO. SS-331 No, 10 Above WATEWIAIN IMPROVEMENT NO e WM-301 No. 11 Above WATERMAIN IMPROVEMENT NO. Wf-302 No. 12 Above WATERMAIN IMPROVEMENT NO. LJM-303 No. 13 Above STORM SEVER IMPROVEMENT NO. ST.S-1-47 No. 14 Above STORM SEXER IMPROVEMENT NO. ST.S-148 L- And'the area to be specially assessed for Grading and Graveling Improvement No'.'C-120 above shall include part of Lot 2, Block 1, Lots 3, 4, 5 and 6, Block 1; Whiteman Addition; the area to be specially assessed for Grading and Graveling 'Improvement No. C-121 shall include part of Lot 3, Block 1, Edina Green, part of Lot 10, Block 1, Edina Green, part of Lot 2, Block 2, Edina Green, Lots 1, 2, 4, 5, 6, 7, 8, 9, 11 and 12, Block I, Edina Green, and Lots 1, 3 and 4, Block 2, Edina Green; the area propose6 to be assessedforstreet Improvement No. EA-215 above shall include Lots 1 and 2, Block 1 and Outlot A, McCauley Heights 5th Addition, and part of Lot I, Block 1 and part of Outlot A, McCauley Heights 4th Addirion; the area proposed to be assessed for Street Improvement No. BA-216 above shall include Lots 1 thru 7, inclusive, Block I, Lot 1 through 5, incl., Block 2, Heath Glen Addition and Parcel 4300, Sec. 8, T. 116, R. 21; the area proposed ' to be assessed for Street Improvement No. BA-217 above shall include part of Lot 2; Block 1, Whiteman Addition; and Lots 3 thru 6, inclusive, Block 1, 'Whiteman Addition; the area proposed to be assessed for Street Improvement No. BA-218 above 'includes part of Lot 3, Block 1, part 04 Lot 10, Block 1, and part of Lot 2, Block 2, all in Edina Green, Lots 1, 2, 4, 5, 6, 7, 8, 9, 11 and 12, Block 1, and Lots 1, 3, 4, Block 2, and Lot 1, Block 3, all in Edina Green.. (Lot 1, Block 3 "isq the P.I.D. lot which will be granted a separate rate);the area'proposed to be assessed for Sanitary Sewer Improvement No. SS-330 shall include Lots 7 thru 13, inclusive, York Hills Addition; the area proposed to be assessed for the cost of Sanitary Sewer Improvement No. SS-317-A above shall include Lot 7, Block 1 a=d Lots 2, 3, and 4, Block 2, Whiteman's Addition and Parcel 4000 Sec. 29, T. 117, :::- 331 shall include Lots 1 thru 12, Block 1, Lots 1 thru 4, Block 2, Lot 1, Block 3, and Outlot A, Edina Green; the area proposed to be assessed for the cost of Water-. main Improvement No. WM-301 shall include Lots 7 thru 13, inclusive, York Hills; -* the area proposed to be assessed for the cost of WM-302 shall include Lots 3 thru 6, Block 1, and'Lots 1 and 2, Block 2, Whiteman Addition; the area proposed to be assessed for the 'cost of Watermain Improvement No. WM-303 shall include Lots 1 thru 12, Block 1 and Lots 1 thru 4, Block 2, Lot 1, Block 3, and Outlot A, Block 2, Edina Green; the area proposed to be assessed €or Storm Se~irer Improvement No. ST-S- 148 includes lots 1 thru 12, inclusive, Block 1, Lots 1 thru 6, inclusive, Block 2, Lat.1, Block 3 and Outlot A, Edina Green; the area proposed to be assessed for Storm' Sewer Improvement No. ST.S-147 shall include Lots 1 thru 7, Block 1, Lots 1 thru 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. ZONING ORDINAECE AMENDMENTS CONTINUED TO NEXT MEETING. presented by Clerk, approved as to form and ordered placed on file. recommendation of the Mayor, Councilman Courtney's motion was seconded by Council- man Shaw and carried, that the following zoniyg ordinance amendments be continued to March 1, 1976: I .. Range 21; the area proposed to be assessed for Sanitary Sewer Improvement No., -.-_. I.. I 6, Block 2, Whiteman addition. <* -- Affidavits of Notice were Upon the I-. Principal Uses Allowed in Commercial District , 2. Adding Temporary Retail Sales as Permitted Use in Planned Industrial District. "MC CAULEY TERRACE" AND "FOXMEADOW LANE" NAME CHANGES APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Dunn presented petitions for the change of McCauley Lane to "McCauley Ter- race" and for the change of West Highwood Drive in Whiteman Addition to "Fox- meadow Lane". No objections being heard, Councilman Courtney offered Street Name' Change Ordinance 8 for First Reading, with waiver of Second Reading and moved its adoption as follows: STREET NAME CHANGE ORDINANCE 8 r'l THE CITY COUNCIL OF TI~E c1n7 OF EDINA, MINNESOTA, ORDAINS: Section 1. Sec. 2. "Foxmeadow Lane". See. 3. 1976. call there were five ayes and no nays and the ordinance was adopted. McCauley Lane is hereby renamed "McCauley Terrace". West Highwood Drive in Whiteman Addition is hereby renamed This ordinance shall be in full force and effect on March 15, Motion for adoption of the ordinzsce was seconded by Councilman Shaw and on roll- 8=0 - -l 1' ATTEST: City Clerk B Ld-.LL PUMPER FIZE TRUCK BID COETINUED TO 3fAZCEI 1, 1976. Mr. Rosland recalled that the pumper €ire truck bid sward had been continued from February 2, 1976, because'of -- inconsistencies in the bids. He recalled that when the bids were opened, Pierce Hanufacturing, Inc., had submitted the low bid of $76,470, plus $3,658 of re- quested options for a total price of $80,128. General Safety Equipment Corpora- tion had submitted a total bid of $82,425. a number of exceptions to,specifications, but after three weeks of negotiations, all of the basic exceptions had been wGrked out. Mr. McLennan of General Safety Equipment Corporation objected that Pierce Nanufacturing should have not been able to chsnge its bid once the bids were opened. Mr. Erickson clarified that both companies had exceptions when the bids were first opened. Mr. James Thomas of Pierce Manufacturing Company said that his company had met specifications and had made a competitive bid. No further discussion being heard, Councilman Courtney's motion aeferring the award of bid for the pumper fire truck to the next meeting so that the City Attorney could review the bids was seconded by Councilman Shaw and carried. Pierce Manufacturing, Inc., had taken RENOVATION OF CHLORINE ROOMS BID ATJARDED. Mr. Rosland recalled that the award of bid for the chlarine rooms renovation haa been continued from February 9, 1976, because of a strike threat by the Union of Operating Engineers. The strike hzv- ing been averted, Councilman Shaw!s motion awarding contract to recomnended low bidder, Allen Heating and Air Conditioning, at $17,457, was seconded by Council- man Courtney and carried. INSURAhCE BIDS CONTINUED TO MARCH 1.,F1976. Mr. Rosland presented tabulation of bids for employee blanket bonds showing Brandow, Howard, Kohler & Rosenbloom, Inc. low bidder at $522.00, Mutual Agency, Inc., at $650.00, Wood-Nelson Company at $957.00 and Roger Hennessy Agency at $1,178.00. He presented bids for auto- mobile and general liability, umbrella coverage, comprehensive automobile, liquor liability and workmen's chpensation. type of insurance (auto and general liability, umbrella and comprehensive auto) showed Employers Insurance of Wausau low bidder at $87,176.00 and Chandler-Lane Agency at $90,462.00. Mr. Rosland referred to a memo from Iff. Melena which reviewed the City's claim experience and recommended a retrospect plan preseated by Employers Insurance 'of Wausau under which the maximum annual Fremium wouid be $213.717.00, which would also include workmen's compensation. Following questions 3y the Gouncil, Councilwoman Schmidt's motion continuing the matter to Ifarch 1, 1976, so that Mr. Melena could clarify certa5n matters, was seconded by Councilman Shaw aad carried. covered for any claims which might arise on March 1. gested the possibility of retaining an adviser for the City's insurance program. No action was taken. Tabulation of companies bidding this Mr. Helena was instructedlto see that the City would be Councilman Richards sug- EDINA AMERICAN LEGION POST 471 CLUB LIQUOR LICENSE DENIED. was called to a letter from Mr. Wayne Johnson, Commander of Edina Legion Pcst 471, Council's attention recalling that the Post will be vacating its present premises in July, 1976 and requesting the Council to grant i? Club Liquor Lieense so that it can contbue to operate. Mr. Clifford Klein, 5133 William Avenue, said that, without a liquor license, the Post would be unable to continue its activities in Edina and would be unable to continue the municipal projects which it had sponsored over the years. held in February, 1975, in which residents voted against issuance of On-Sale- Liquor Licenses. It was pointed out that the City would have to amend its Liquor Ordinance to comply with the Post's request. his sympathy and that of the Council that the Post could not continue to operate in Edina without a liquor license. application for Club Liquor License be denied. man Courtney and carried. Mayor Van Valkenburg referred to the Split Liquor Referendum which was Councilman Courtney expressed Councilwoman Schmidt'then moved that ,the... The motion was seconded by Council- METROPOLITAN STADIUM PROPOSAL REFERENDUM REQUESTED; called to a letter from the City of Bloomington deploring the proposal to move Council's attention was - the Metropolitan Stadiuin out of- Bloomington and requesting that Council adopt a resolution requesting the State Legislature to put any stadium proposal to a vote of the people. moved its adoption: * Councilman Courtney then offered the following resohtio& band - * RESOLUTION. WHEREkS, the Minnesota State Legislature is now considering the stadium issue;_and 2/23/76 WHEREAS, public officials and citizens alike are concerned that real estate taxes will not have to be used as part of the final solution; and WHEREAS, cities through the United States have experienced vast cost over- runs, hugh operating deficits; and WHEREAS, at the local level government enables its citizens to vote by referendum on everything from schools to hockey rinks, to parks; and WHEREAS, we feel strongly that all public officials and citizens would like to keep the sports organizations in the State of Minnesota, we also feel -very strongly that the people should be given the opportunity to vote on this Item'since cases throughout the IJnited States demonstrate that the public will bear the burden if our public officials' estimates are incorrect. NOV, THEREFORE,,BE IT RESOLVED that the Edina City Council fully supports this resolution requesting the.State Legislature to put any stadium proposal to a vote of our people. Motion for adoption of the resolution was seconded by Councilman Shaw and on rollcall there were four ayes with Councilman Richards voting "Nay". Councilman Richards said that such a decision should be left up to Edina's elected officials in the Legislature. bJ 113 M w IRQOUOIS HILLS 6TH ADDITION DISCUSSED; Frank Cardarelle appealed to Council for direction in developing Iroquois Hills 6th Addition, his four acre piece of land directly North of Braemar Park in tIie Northeast Quadrant of the intersection of Valley View Road and Caunty Road 18. Mr. Cardarelle said that he must do something to satisfy the bank at this time and that Mr. Luce does not agree with his proposal to plat the property into four single family lots. plat to the Council, explaining that three out of four acres of the site will be given to the City. Mr. Luce recalled that this site is located Bt the hairpin curve on Valley View Road and that the Planning Commission had denied approval of another plat nine months ago inasmuch as Mr. Cardarelle would have to use a part of the Hennepin County right-of-way and a part of Braemar Park to build a road to serve his houses: Mr. Luce said that, at the time the Frontage Road at the Valley View RoadJCounty Road 18 Interchange and the North/South extension of McCauley Trail are constructed Mr. Cardarelle could use that road for :.access: to his houses. Mr. Luce clarified that the land is all in the floodplain and that significant floodplain and access . problems exist. that he meet with Mr. Cardarelle and Mr. Luce to see if some agreement could PLATTING TO BE STUDIED FURTHER. Mr. He showed his proposed As recommended by Mr. Rosland, it was generally agreed . . be reached. LAKE EDINA VILLAGE REPLAT GPaTED FINAL APPROVAL. Edinz Village Replat for final plat approval, advising that T.H. 100 has virtually been completed. resolution and moved its adoption: Mr. Dunn presented Lake Councilman Richards thereupon offered the following RESOLUTION GRANTING FINAL PLAT APPROVAL TO LAKE EDINA VILLAGE REPLAT BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that Lake Edina - Village Replat presented for.approva1 by the City of Edina, and located generally in the Northeast quadrant of T.H. 100 near the W. 77th Street Interchange, be and is hereby granted final approval. Motion for adoption of the resolution was seconded by Councilman Courtney and carried. YORKTOWN 2ND ADDITION CONTINUED INDEFINITELY. As recommended by Mr. Luce, Council- man Richards' motion to continue Yorktown 2nd Addition final plat indefinitely was seconded by Councilman Shaw and carried. C0M"ITY DEVELOPMENT GRANT RESOLUTION ADOPTED, at the time the 1976 Community Development Program was approved. that this is the form of resolution that Hennepin County and the other partici- pating communities are using. ing resolution and moved its adoption: Mr. Luce presented a resolution Mr. Luce noted s -which was approved in concept at the Special Council Meeting of February 9, 1976, ' Councilwoman Schmidt thereupon offered the follow- RESOLUTION AUTHORIZING SUBMISSION OF THE CITY OF EDINA GRANT LDPLICATION TO HENNEPIN COUNTY FOR INCLUSION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT A APPLICATION, IN ACCORD WITH THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 ..;WHEREAS, the City of Edina has executed a joint powers agreement with Hennepin County &hereby agreeing to participate in a Grant Application under the Urban County designation provided for-in the I-iousing and Comiiunity Development Act of ;):+,1974; and 2/23/75 WHEREAS, a grant application has been prepared requesting funds to undertake a comxnity development prograin, including appropriate citizen participation, goal estziblishment and implementation plans and procedures; NOW, THEREFORE, BE IT RESOLVED that the Ddina City Council does hereby adopt the proposed Cornunity Development Plan and Program and Housing Assistance Plan con- tained in the application for Federal assistance and authorizes submission of said application to Iiennepin County as the Urban County Community Development Block Grant applicant. Motion for adoption of the resolution was seconded by Councilman Richards and 011. rollcall there were five ayes and no nays. and the resolution was adopted. GUS YOUNG'S BILTMORE LANES' REQUEST FOR STAY OF ORDER DENIED. Council's attention was called to a letter from lk. Robert F. Henriksen, Vice President of Gus Young's Inc., requesting a one-year stay of the order to install a sprinklirgsystem at the Biltmore Lanes located at 5113 W. 50th Street. for installation of the system and for required el4ctrical work necessary in the same project, showing the e'stimated total cost at $63,585.00. lir. Henriksen said that there is a financial problem in getting the work done at this time and that the stay of the order would allow either for securing adequate financing or the . sale of the property for a better use. Inspector Ted Paulfranz of the Edina Fire Department recalled that the 1975 order was issued on the basis of the Building Code. Mr. Henriksen said that there was no danger to patrons inasmuch as house- keeping is good, there is always an attendant on duty an6 the ceilingois painted with fire resistant paint. antly granted the year's extension and that he did not believe that it would be fair to continue it in the interest of the fire fighters or the customers. Councilman Shaw's motion that the request for the stay of order be denied was'then seconded by Councilman Richards and carried. Enclosed with the letter were proposals .- &. Mayor Van Valkenburg recalled that Council had reluct- \ TRAFFIC SAFETY COMMITTEE MIhfLJTES OF FEBRUARY 10, 1976, APPROVED AND ACCEPTED. Council's attention was called to the Minutes of the Traffic Safety Committee of February 10, 1976. mending approval of the request to change the NO PARKING ANY TIME to NO PARKING 7-9 AM and 4-6 PM EXCEPT SATURDAYS, SUNDAYS AND HOLZDAYS' on the West side of France Avenue between W. 49% Street and I?. 50th Street until the walkway area to the North ramp is completed. by cars parking illegally on FranceaAve. Police Eepartraent is already issuing tags for illegal parking on France Ave. Following discussion, Councilman Shaw movedapprovalof Section A of the Traffic Safety Committee Minutes of February 10, 1976, with the understanding that the. time limit for such signing would be to August 1, 1976. Motion was seconded by Couacilmaq Richards and carried. der of the minutes was then secoEded by Councilman Richards and carried. BICENTENNIAL FIRE WDRAXTS APPROVED. Mr. Rosland advised Council of the request of 'the +nior Federated Women's Clu!, to have fire hydrants painted with a Bicentennial thme. 'design contest and that approximately 100 plugs in Commercial aistricts would be painted with the winning design. project. Council was told that permission would be asked before any hydrants iirc painted on a residential lot. Following discussion, Councilman Courtney's motion authorizing the contest and the painting of the fire hydrants was seconded by Councilwoman Schmidt and carried. Councilman Shaw questioned action taken by the Committee recom- D Councilman Shaw objected to the congestion caused He was assured by Mr. Luce that the * Councilman Shaw's motion accepting the remain- . He explained that the ladies are pzoposing to conduct a "Paint a Plug" Discussion ensued as to public reaction to BICENTFSNIAL COMMISSION PROJECTS SURPLUS RECOYMENDATIONS COETINUED TO MARCH 1, 1976. Mr. Rosland advised that the Bicentennial Commission has recomicended to the Council that any surplus funds realized from the Yank2.e Doodle Dinner be allocated to the Community Resource Pool and that any surplus funds from the Bicentennial Ball be allocated to the proposed art center. The Bicentennial Commission had received input from its various'committees that they believed that it would be easier to promote these events if they could be associated along with a Darticular bensfit . from the Yankee Doodle Dinner' be allocated to the Cominunity Resource Pool and that any surplus funds from the Bicentennial Ball be allocated to the proposed art center. The motion was seconded by Councilwoman Schmidt and carried, with Councilman Richards voting "Nay" because he believed that this is public.money which could riot be com- mitted in this manner. funds may be public money. rescinded and that the matter be postponed until the next meeting so that the City Attorney could check into .the matter was seconded by Councilwoman Schmidt and carried. 4 Following discussion, Councilman Caurtney moved that the surplus funds City Attorney Erickson also expressed his concen that these Councilman Shaw's motion that the previous motion be B1CElTENNL;ii; ART CEIJT'ER GWJT TO BE PURSUED. available from the lviinnesota State Bicentennial Commission (funded by the Federal Council was advised that funds nay be 2/23/ 76 Government) which might be used for the proposed art center. Courtney's motion was then seconded by Councilwoman Schmidt and carried that the City pursue the available grant. Councilruati NATIONAL REGISTER DESIGNATION OF EDINA MILLS SITE REQUESTED. Mr. Roslond called Council's attention to a memo from Mr. Sand advising that the Heritage Preserva- tion Board is requesting authorization to submit an application to the National Trust for Historic Preservation to include the Edina Mills site-in the National Register. t;he ntzessary qualifications for federal funding of historic research and dev-&lopment projects and that the Heritage Preservation Board feels that the site is well qualified. Preservation Board to submit an application to the National Trust for Historic Preservation as requested was seconded by Councilman Courtney and carried. The memo stated that designation in the National Register is one of Councilwoman Schmidt's motion authorizing the Heritage 83 BENTON AVENUE INTERCHANGE PSP,ROVED BY METROPOLITAN COUNCIL AND PHYSICAL DEVELOP- MENT COMMITTEE. Council was advised of a letter from Mr. John Boland, Chairman of the Metropolitan Council, which stated that the Physical Development Committee of the Metropolitan Council and the full Metropolitan Council have approved the recommended revisions of the Benton Avenue/T,H.100 Interchange. Council Courtney then offered the following resoltution and moved its adoption: 'WHEREAS, the Metropolican Council has now taken positive action in regard to the Benton Avenue/T.H. 100 Interchange; and WHEREAS, since a solution of this problem is of vital importance to Edina rest- dents and officials; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does request the State Highway Department to proceed with all diligence toward the planning and completion of this project. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolution was adopted. RBSOLUTION TF cx, ib 6m r-4 w I ' LIQUOR MARKETING SURVEY APPROVED. continued its decision for approval of a liquor marketing survey ffom the meeting Mr. Rosland recalled that the Council had I of February 2, 1976, and reviewed sales for the year to date for the various liquor stores. the objectives of the City should be determined. that, in questioning some 400 households, the City will learn about shopping patterns and the feelings of customers about price policy. then moved that the survey be approved, with the understanding that the City will have an opportunity to review the questions to be asked before the survey begins- The motion was seconded by Councilman Courtney and carried. Councilman Richards suggested that, before any survey is taken, Mr. Conrad Razidlo explained Councilwoman Schmidt HENNEPIN COUNTY CRIMINAL JUSTICE COUXCIL JOINT POWERS AGREEMENT AUTHORIZED. Councilman Courtney reviewed the proposed agreement prepared by the Hennepin County Criminal Justice Council. is being reorganized and that the agreement provides for more representation by the suburbs and for the manner in which the representatives will be selected. Following discussion, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Mayor and Acting City Manager are hereby authorized to enter into Joint Power Agreement with the Hennepin County Criminal Justice Council. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and the resolution was adopted. He explained that the Criminal Justice Council RESOLUTION COMMISSION AND COMMITTEE APPOINTMENTS CONTINUED. that he will submit additional names f6r appointment to commissions and committees at the next Council Meeting. Mayor Van Valkenburg advised WEED INSPECTOR APPOINTED FOR 1976. Councilman Shaw's motion was seconded by Councilman Richards and carried, appoint- ing Mr. Gene Davis as Assistant Weed Inspector for the City of Edina. As recommsnded by Mayor Van Valkenburg, ' FEDERAL PUBLIC WORKS ACT VETOED BY PRESIDENT FORD. Council was advised that the Federal Public Works Act had been vetoed by President Ford and that the Congress had failed to override the veto. No action was taken. SENIOR POLICE RESERVE ELIGIBILITY CONTINUED. As recommended by Mr. Rosland, Councilman Courtney's notion continuing discussion of the Senior Police Reserve Eligibility until IMr. Hyde returns was seconded by Councilman Shaw and carried. r f .. _. 2 / 23/ 76 \ VICTOR KWUZIGER/DkNIEL CONLIN NOTICE OF CLAIM NOTED. a Notice of Claim served on the Mayor Council was advised of on February 11, .1976. The claim was the result or' a collision which occurred on January 12, 1976 between Victor Kreuz-. iger and James T. Conlin which they claim was the result of the fact that the City had not sanded icy streets. The matter has been referred to the insurance company and to the City Attorney. VIRGINIA WHITLEY' SUIT NOTED. behalf of Virginia Whitley as a result of her accident on January 3, 1975. matter has been referred to the insurance company and to the City Attorney. Council was advised of a suit against the City in The . . . I BOULEVARD TREE REPLACEMENT POLICY CONTINUED TO MARCH 1, 1976. Mr. Rosland pre- sented information and recommendations in regard to the City's present ordinance and policies regarding boulevard and private trees. nittee has recommended that, effective August 1, 1975, 'the City of Edina should pay 25% of the total cost of removing fro= private property any Elm tree which is diagnosed by the City Department of Parks and Recreathon as being infected with Dutch Elm disease, or a dead Elm that potentially can harbour the Euro- pean Bark Beetle or a tree infected with Oak Wilt disease with a maximum payment by the City of $25 per tree. per forms from the homeowner and the City of Edina, match the Edina subsidy. Rosland said that under the policy, property owners desiring to be reimbursed must have approval from the Director of Parks and Recreation prior to having the trees removed by a private contractor. coatractor, the property owner shall submit the proper forms to the City for . reimbursement. Mr. Rosland also recommended that Ordinance 1035 which controls diseased trees shoxld be revised to read "Shade Tree Disease Ordinance" so as to bver-all diseased trees,. It was also recommended that boulevard trees should be planted 50 feet apart and 3% feet from the curb. why the City is proposing to discriminate in fawr of those who have boulevard trees. Mr. Rosland said that the City could not logistically handle that amount of planting. Councilman Courtney's motion that Ordinance No. 1035 be amended to include the recommendations of the Park Department, and that the matter be contin- ued to the next Council Meeting was seconded by Councilman Richards and carried. He advised that the Com- The State of Minnesota will, upon receipt of pro- Mr. After a tree is removed by a private Councilman Richards inquired , UNITED STATES COWERENCE OF MAYORS will hold their Conference in Washington,'D.C. on March 14-16, 1976. Reenactment of Revenue Sharing will be discussed. No . action. was taken. METXOPOLITAN COUNCIL RENT ASSISTANCE PROGRAM AGREEMENT AUTHORIZED. After discus- sion,.Councilman Courtney offered the following resolution and aoved its adoption: - -_ .. RESOLUTION AUTHORIZING THE METROPOLITAN COUNCIL TO APPLY FOR HOUSING ASSISTANCE FUNDS FOR IMI?LEElENTATION WITHIN THE CITY OF EDINA 'XEEREAS, the Metropolitan Council has been duly organized pursuant to Minnesota Statutes 473.06, Subd. 3 and Minnesota Laws 1975, Chapter 13, Section 6, Subd. 3; Section 21, Subd. 1; and Section 24, and has all of the powers and duties of a housing and redevelopment authority pursuant to Laws 1975, Chapter 13, Section 24 under the provisions of the Municipal Housing and Redevelopment Act, Minnesota Statutes Section 462.411 to 462.711, and acts amendatory thereof; WBEREAS, the City of Edina and the Metropolitan Council desire to assist lower income families and elderly to obtain adequate housing in the City of Edina at a price they can afford, and to accomplish this purpose desire to apply for federal funas to undertake a program of subsidizing rent payments to 'landlords who provi adsquate housing to such individuals and families; . NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that the Metropolitan Council is hereby authorized to include the.City of Edina in its application, for federal funds to implement a program of rental assistance to lower income families and elderly, and that- upon federal approval of such application, the operating the program within the City. Motion for adoption of the resolution was seconded by Councilman Richards and on rollcall there were five ayes and no nays and the resolution was adopted. CLUB LIQUOR'LICENSES. Liquor Licenses and Sunday Liquor Licenses for the Edina Country Clu5 and for the Interlachen Country Club was seconded by Councilman Courtney and carried. PARK AND RECREATION CAPITAL IMPROVEMENTS APPROVED. Mr. Rosland reviewed capital improvements for 1976 recommended by the Park Board, total of which came to $200,000. Courtney and carried. ~ and -- * ' I -City of Edina and the Metropolitan Council will enter into an agreement for . Councilman Richards' motion approving applications for Club , *' Councilwoman Schmidt's motion of approval vas seconded by Councilman .. .. e.' 2/23/ 76 ORDINANCE NO. 40443 ADOPTED ON SECOND READING. Councilman Shaw offered Ordinance No. 40443 for Second Reading and moved its adoption as follows: ORDINANCE NO. 404-A3 AN ORDINANCE AMENDING ORDINANCE NO. 404 TO PROVIDE FOR APPEALS FROM DECISIONS OF THE BUREAU OF FIRE PREVENTION AND THE .CITY PLANNER, AND FOR SECURITY IN ADDITION TO PERFOWfCE BONDS FOR LANDSCAPING, SCREENING, AND EROSION CONTROL WORK THE CITY COUNCIL OF EDINA, MINNESOTA ORDAINS: Section 1. Section 10 of Ordinance No. 404 is hereby amended to read as TP 00 w W 2 follows : "Sec. 10. Appeals and Adjustments. requirement, permit decision, refusal, or determination made by the Building Officia1,any person referred to in paragraph (B) of Sec. 202 of Chapter 2 of the UBC, the City Plumbing Inspector, the City Mechanical Inspector, the Bureau of Fire Prevention, or the Public Health Sanitarian in the application or administra- tion of the ordinances of the City regulating construction, alteration, moving or demolition of buildings, the construction, alteration or removal of plumbing, gas piping or equipment, water softening or filtering equipment, or heating, ventilating, air conditioning or refrigeration equipment, or the installation, alteration or removal of electrical wiring or equipment, may appeal therefrom to the Building Construction Appeals Board created by Ordinance No. 402, and any person who deems himself aggrieved by any order, request, refusal, or determination made by the City.Planner' in the application of this ordinance relating to the delivery of site plans, schedules, and security for landscaping, screening, and erosion control work, or the approval of such work, may appeal therefrom to the Board of Appeals and Adjustments established by Ordinance No. 811, except that all actions under Sec. 203 of Chapter 2 of the UBC shall be in accordance with Sections 3 through 11, inclusive, of Ordinance No. 471." follows : Appeals to Building Construction Appeals Board and the Board of Any person who deems himself aggrieved by any order, Sec. 2. Section 13 of Ordinance No. 404 is hereby anlended to read as "See. 13. Site Plan, Planting Schedule and Security for Landscaping and Other Work. "(a) In every case where landscaping, screening or erosion control measures are required by any ordinance of the City, or as a condition to any approval granted by the City pursuant to any ordinance of the City, for any building or structure, or for land-disturbiDg activity as defined in Section 3 of Ordinance No. 817, other than the construction of one single or two-family residence or structure whose use is accessory thereto, to be constructed or conducted nn any property within the Cfty, the applicant for the required permit or approval shall file with the City Planner, for review and approval pursuant to the applicable ordinance, a site plan of the property drawn to a scale of not less than 100 feet to one inch, showing in detail the landscaping, screening and erosion control work to be done on the site. Such site plan shall be prepared by a registered architect, landscape architect, professional site planner, or other person experienced in such work and accept- able to the City Planner. The applicant shall also file with the City Planner . a' planting schedule that shall specify the Latin name, common name, caliper, and quantity of all vegetative materials shown on the site plan, together with a time schedule for the construction and completion of all such landscaping, screening, and erosion control security in the form of a performance bond, letter of credit or cash deposit, as determined by the City Planner, to ensure that the landscaping, screening, and erosion control work is done pursuant to the site plan and within the time , schedule therefor, all as set out in (a) of this Sec. 13, and to insure that the vegetative materials used in any such landscaping, screening and erosion-control work that die within two complete growing seasons as below set out in this paragraph (b) are replaced. The security shall be in an amount to be determined by the City Planner, but for at least one and one-half times the amount estimated by the City Planner as the cost of completing the required landscaping, screening, and erosion control measures and not to exceed twice such amount. If a per-, formance bond is used, it shall be with a corporate surety authorized to do business in Minnesota and approved by the City Council. is used, it shall be with a national or Minnesota state bank approved by the City Council, shall be unconditional and irrevocable, and shall provide that funds up to the total amount of the letter of credit will be paid to the City from time to time, upon written demand of the City. If a cash deposit is used, such cash shall be deposited with and held in escrow by a national or Minnesota state bank having an office in the City, and a written agreement signed by $he applicant and the bank shall be delivered to the City Planner, whereby the funds in escrow will be paid to the City, from time to time, upon written demand of the City. Where such landscaping, screening, or erosion control measures do not Site Plan and Planting Schedule. "(b) Security. The applicant shall also file with the City Planner If a $etfer of-credif 2/23/76 include the use of vegetative materials, the security therefor shall ba in force until such landscapfng, screening, or erosion control measurcs have been completed and approved by the City Planner. or erosion control measures do include the use of vegetative materials, the security therefor shall be in force for at least two complete growing seasons subsequent to the completion and approval of such landscaping, screening, or erosion control measures by the City Planner. "(c) Plan, Schedule and Security To Be Filed. No building permit or approval shall be issued until the site plan, planting schedule, and security required under this Sec. 13 have been filed with the City Planner," This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was s rollcall there were five ayes and no nays Where such landscaping, screening, Sec. 3. ATTEST: * $Ld. 4- City Clerk S-Y RESOLUTION APPROVED FOR POLICE DEPARTMENT SUPERVISORS, VARIOUS PUBLIC VORXS AND 'fA?L.K NAINTENANCE PERSONNEL AND ASSISTANT SANITARIAN. Councilwoman Schmidt offere6 the following resolution and moved its adoption: RESOLUTION ESTABLISHING THE SCHEDULE OF MAXIMiTM VAGE RATES FOR VARIOUS PUBLIC WORKS AND PARK MAINTENmCE PERSONNEL, POLICE DEPARTMENT SUPERVISORS AND ASSISTANT SANITARIAN "BE IT RESOLVED that the maximum wage rates for the Police Department Supervisors, various Public Works and Park Naintenance Personnel and the Assistant Sanitarian for the year 1976 be established as follows: 1975 BIljEEJCLY PROPOSED 1976 BIWEEKLY t' ." BASE SALARY BASE SUY PGBLIC WORKS Admin. Assistant-Public Works $ 465.00 (12,.090) $ 495.38 (12,880) Suilding Engineer 456.92 (11,880) PARKS AND RECREATION Golf Course Maintenance 466.00 (12,116) Arena - Asst. Manager 466.00 (12,116) Arena - Maintenance Manager 460.00 (12,116) POLICE DEPART" Sergeant 1st Year 621.75* (16,706) '495.38 (12 , 880) 505.14 (13,134) 505.14 (13,134) ' 505.14 (13,134) 732.63 (19,048) 1 Year of Service 632.75*(16,992) 744.17 (19 , 348) 2 Yezrs of Service 643.75* (17 , 278) 755.71 (19,648) 1st Year 687.75* (18,422) 785.00 (20,410) 1 Year of Service 728,45* (19,480) 785.00 (20,800) 2 Pears of Service 763.65* (205488) 824.74 (21,433) (After July 1, 1976) 480.00 (11,440) 500 00 (13,000) Captain - ASSISTANT SANITARIAN ** 440 , 00 :* month as payment for taking at least 30 hours off-duty training from the Fire Department in fire fighting techniques, for aiding in the extinguishment of fires and for qualifying for Red Cross First Aid Certificates. ** 1976 Salary Motion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted, In 1975, members af the Police Department received an additional $45.00 per ' . - .. . FIRE DEPARTXEHT PARAMEDICS SALARY RESOLUTION APPROVED. Councilwoman Schmidt cffered the following resolution and moved its adoption: 1-. RESOLUTION ESTABLISHING THE SCHEDULE OF MXXTMfJH WAGE RATES FOB FIRE DEPARTIENT PARAMEDICS BE IT RESOLVED that the maximum wage rate for Fire Department paramedics for the year 1976 3e established as follows: Paramedic 1976 Biwee'dy . Base pay -I- $15.43** ** Hembers of the Fire Department will receive an additional $30.00 per month . (13.85 biweekly) for operation of the Fire Department Ambulance, qualification for Red Cross First Aid Certificates, and taking such additional instruction in.First Aj-d as may be required by the City, Xotion for adoption of the resolution was seconded by Councilman Courtney and on rollcall there were five ayes and no nays and the resolution was adopted. . 2/23/76 HOUSE FILE 2143 (CHANGE IN AID,FOWLA) SUPPORTED. As requested by the City of , Apple Valley, Councilman Courtney offered the following resolution and moved its adoption: WHEREAS, one of the factors included in the Minnesota Local Government Aid Formula is population; and WHEREAS, the population that the current law specifies that must be used is the 1970 Federal Census; and WHEREAS, a more equitable basis would be to change the existing law so that popu- lation determined by a Federal Census subsequent to 1970 would be required to be used by the Minnesota Department of Revenue in determining each local share of Local Government Aid; and WHEREAS, HF 2143, if adopted as law, would allow the use of the most recent Federal Census in the formula used to calculate local Government Aid; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that it. does hereby urge the Minnesota Legislature to adopt HF 2143; and BE IT FURTHER RESOLVED that the City Clerk is hereby directed to mail copies of this resolution to this cities' representatives in the Minnesota Senate and the Minnesota House of Representatives and to William Kelly, Chairman of the House Tax Committee. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and on rollcall there were five ayes and no nays and th'e resolution was adopted. RESOLUTION SUPPORTING HF 2143 (CHANGE IN AID FORMULA) 96 b p? w W .. BRAEMAR ARENA PUBLIC ADDRESS SYSTEM EQUIPMENT PURCHASE AUTHORIZED. presented tabulation of two bids taken informally for equipment for remodeling the sound system at Braemar Arena. low bidder at $2,050.00 with Electronic Design Company at $2,060.53. Council- man Shaw's motion for award to recommended low bidder, North Star Sound, Inc., was seconded by Councilman Richards and carried. Mr. Rosland The tabulation showed North Star Sound, Inc., ' PURCHASE OF BOARDS AND PLEXIGLAS CONSIDERED FOR BRAEMAR ARENA. Council that Providence, R.T. has plexiglass for sale which has been used for only one season because it is too heavy to be moved on a regular basis. the insurance company has recommended the installation of plexiglass at Braemar Arena. inspect the plexiglass and be authorized to spend up to $10,000, plus freight, which cost will be shared by the Hockey Association. authorizing two people to go to Providence to j.nspe.rs. the plexiglass if it can be used at Braemar was seconded by Councilwoman Schmidt and carried. EMERGENCY REPAIRS TO WELL NO. 11. were continued to the next meeting by motion of Councilwoman Schmidt, seconded by Councilman Courtney and carried. Mr. Rosland advised He said that Mr. Rosland said that the Hockey Association has recommended that the City Councilman Richards' motion LEASE AGREEMENT WITH HENNEPIN COUNTY AUTHORIZED FOR POLICE RADIOS. Councilman Richards offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and Acting City Manager are hereby authorized to enter into agreement with Hennepin County for the lease of Police radios. Motion for adoption of the resolution was seconded by Councilman Shaw and carried. As recommended, LEAGUE OF MINNESOTA MUNICIPALITIES/ASSOCIATION OF MINNESOTA COUNTIES TEETING REPORT GIVEN. Councilman Courtney referred to the status of various legislative matters which had been discussed at the meeting of the League of Minnesota Municipalities and the Association of Minnesota Counties which included Bills on waste control, utilities gross earnings tax, campaign financing ethics (financial disclosure) and the Open Meeting Law. HEARING DATE SET FOR HANSEN ROAD STREET'IMPROVEMENT. feasibility report on the improvement of Permanent Street Surfacing and Concrete Curb and Gutter of Hansen Road from County Road 158 (Vernon Avenue) to Benton Avenue. Councilman Shaw then moved that hearing date for the improvement be set for March 15, 1976. No action was taken, Mr. Dunn presented a * CLAIMS PAID. and carried for payment of the following claims as per Pre-List: General Fund, $248,226.70; Park, $9,974.40; Park Construction, $28.00; Swimming POOl, $40.61; Golf Course, $1,911.17; Arena, $13,065.68; Gun Range, $482.05; Waterworks, $20,806.99; Sewer Rental, $66,463.55; Liquor, $194,248.93; Construction, $508.76; Total, $555,756.84. No further business eppearing, Councilman Courtney's motion for adjournment. was seconded by Councilwoman Schmidt and carried. Notion of Councilman Courtney was seconded by Councilwoman*Schmidt ' Adjournment at 12;35 a.m. "D- b- fb City Clerk