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HomeMy WebLinkAbout19760503_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD ON MAY 3, 1976, AT CITY HALL Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of April 19, 1976, were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SAFETY COUNCIL AWARD NOTED. Mr. Hyde advised Council that the City of Edina had been designated the only city in Minnesota to receive the 1975 Award of Honor in traffic safety education, enforcement an'd engineering. sented at a meeting on May 20, 1976, which will be attended by Mr. Ray O'Connell, Acting Police Chief Merfeld and Mr. Hoffman. extendqd to the Edina Citizens Safety Committee and to the departments involved. The award will be pre- Council's congratulations were I COHPREHENSIVE PLAN AMENDMENT GIVEN FINAL APPROVAL. sented by Clerk, approved as to form and ordered placed on file. Affidavits of Notice were pre- Mr. Luce recalled' that, following preliminary approval by the Council, the Comprehensive Plan Amendment had been approved by the Metropolitan Council and is now before the City Council for final approval. Mr. Luce reviewed the clarification of allowed multi- family densities in the South, Southwest and Western Edina Plan Areas which pro- I vided that all multi-family developments with more than two units per structure shall be zoned Planned Residential District, rather than R-3, R-4, or R-5, that the density of any parcel or tract of land shall be no greater than identified by the comprehensive plan governing that tract or parcel and explained that maximum allowed density governing any tract or parcel of land in each Plan area shall be reduced cumulatively (up to 50%) by certain identified percentages and certain identified situations. Mr. John Hedberg, representing Hedberg & Sons Company, protested that the Planning Commission had recommended that the South Edina Plan be deleted from the Comprehensive Plan Amendment. He referred to a letter dated August 28, 1975 which he had sent to the Council and to the Planning Commission. different than other vacant properties in Edina and, therefore, the proposed reduction of allowed multi-family densities should not apply to the south Edina Plan, and particularly to the Southeast area for the following reasons: 1) that there are no environmental concerns in the area; are controlled by reference to traffic trip generation criteria and that the South Edina Plan sets forth a commuter trail between W. 70th and W. 76th Streets which is set up as a possible strip for transit facilities in the area to handle the traffic which may be generated from existing commercial developments and future non-residential and residential development in that area; 3) that sanitary sewer, water and storm sewer lines were sized to accomodate the density and uses which are permitted under the South Edina Plan; and 4) that there is considerable open space and park land in the area. In reply to a-questi.cm of Mr. liedberg, Mr. Eyde pointed out.that the location of the parks will be determined as the area develops. were cut back upon Mr. Hedberg's request and added that if the size of the utility pipes were reduced, the cost reduction would be minimal. Mr. Melvin Gettleman was told that the-reduction-Zn density would not apply to Krahl Hill. Mrs. Alison Fuhr, 6609 Brittany Road, objected that any structure should be constructed on an 18% slope. Mr. Robert Hanson, owner of property on the Crosstown Highway and Gleason Road, was told that the Plan amendment would not; reduce his presently pro- posed density. Mr. Marsh Everson, 6710 Cahill Road, said that he had purchased four acres of land on Cahill Road on the basis of its R-3 zoning. Following lengthy discussion, Councilman Shaw offered the following resolution approving the Comprehensive Plan Amendment and moved its adoption: RESOLUTION This letter had pointed out that Southeast Edina is considerably . 2) that land use and density Mr. Dunn pointed out that some of the utilities proposed for the area APPROVING COMPREHENSIVE PLAN AMENDMENT BE IT RESOLVED that the Comprehensive Plan for the South, Southwest and Western Edina Plan areas be amended as follows: 1. zoned Planned Residential District rather than R-3, R-4 or R-5. 2. by the comprehensive plan governing that tract or parcel. 3. The maximum allowed density governing any tract or parcel of land in the South, Southwest, and Western Edina Plan areas shall be reduced cumulatively (up to 50%) by the following identified percentages if the following identified situations are applicable: All multi-family developments with more than two units per structure shall be The density of any parcel or tract of land shall be no greater than identified *:'% 3 4 5/3/76 6, i B. c. D. E. F. G. 4. IF THE PARCEL OR TRACT: Is between 1500 feet and 3000 feet from an accessible freeway interchange Is greater than 3000 feet from an accessible freeway interchange NOTE: The distance from a freeway interchange shall be measured from the center of the overpass of the interchange along the center- line of the principal existing or proposed street or streets to the nearest p.oint of property adjacent to the principal street. In cases of a partial interchange, the distance shall be halved. Is within 200 feet of an existing and developed R-1 or PRD-1 subdivision (nearest point to nearest point) Contains land below a high water mark identified by the City Contains land designated as floodplain in Edina Ordinance No. 815 or defined as wetlands of Type 3, 4, or 5 by U.S.F.W.S. Circular 39 Contains land within 100 feet of a 10-acre water- body or of a creek but not in the floodplain or wetlands of Type 3, 4 or 5 as defined by U.S.F.W.S. Circular 39 Has slopes of: 6 to 12% inc1usi;e over 12 to 18% inclusive over 18% THEN REDUCE DENSITY BY THIS PERCENT 5% 10% 10% 100% for that portion affected 50% for that portion affected \ 25% for that portion I affected 25% for that portion 50% for that portion 75% for that portion affected affected affected This clarification is effective, and will be applied to the condition of the land as of August 4, 1975. land, or floodplain conditions after August 4, 1975, will not affect the calcula-.. tions of reduction. Any grading to increase or decrease topographic, wet- Motion for adoption of the resolution was seconded by Councilman Courtney. ' Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None I Resolution adopted. ORDINANCE NO. 801-A73 ADOPTED; SECOND READING WAIVED. Mr. Luce presented Ord- inance No. 801-A73, First Reading for which had been continued from the meeting of April 19, 1976, so that Council could further study the ordinance. No comments were heard, whereupon Councilman Shaw offered Ordinance No. 811-A73 for First Read- ing, with waiver of Second Reading and moved its adoption as follovs: . . --- O'DI3ANCE NO. -811-A73 AN ORDINANCE AIENDING THE ZONING ADDITIONS TO NONCONFORMING SINGLE FAMILY ORDINANCE (NO. 811) TO PERMIT CERTAIN DWELLINGS. c THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: is hereby amended to read as follows: Section 1. Subparagraph (a) of Paragraph 2 of Section 12 of Ordinance No. 811 "(a) Alterations, Additions and Enlargements. A nonconforming building, other than a single family dwelling, shall not be added to, altered or en- larged in any manner unless such nonconforming building, including such additions, alterations and enlargements thereto, shall conform to all of the restrictions of the district in which it is located. A nonconforming single family dwelling shall not be added to, altered or enlarged in any manner . unless such additions, alterations and enlargements thereto shall conform to the setback, yards and height restrictions of the district in which it is located, and unless such nonconforming single. family dwelling, including such additions, alterations and enlargements thereto, shall conform to the lot coverage restriction of the district in which it is located. The foregoing shall not be deemed to prohibit repairs to nonconforming buildings. 11 Sec. 2. This Ordinance shall be in full force and effect upon it8 passage and publication. Motion for adoption of the ordinance was seconded by Counciiman Courtney. Rollcall : Ayes: Courtney, Shaw, Schmidt, Van Valkenburg Nays: Richards Ordinance adopted. 5/3/76 -& a's . *.. ORDINANCE NO. 801-AI 1 GRANTED SECOND READING. Nr . Luce presented Ordinance No. 801-1111 for Second Reading, noting certain additional changes which have been made as reconimende6 by Mr. Dum. Councilman Shaw thereupon offered Ordinance No. 801-All for Second Reading and moved its adoption: ORDINANCE NO. 801-All AN ORDINANCE AMENDING ORDINANCE NO. 801 OF THE CITY RELATIVE. TO SUBDIVISION FINANCING AGREEMENTS TO DELETE THE REQUIREMENT TO'RECORD AN AGREEMENT TO PAY SPECIAL ASSESSMENTS, TO SPECIFY THE KIND OF TO REQUIRE WRITTEN AGREEMENTS ON ESCROW DEPOSITS LETTER OF CREDIT THAT IJILL BE ACCEPTED, AND THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. to read as follows: hJen preliminary approval has been given to a plat, the person or persons who filed such plat (herein called the 'Developer' whether one or more) shall enter into a Developer's Agreement (herein called the 'Agreement') with the City, and shall cause all street, water and sewer improvements required by the resolution granting such approval to be completed, pursuant to the Agreement. Such Agreement (A) as to improvements to be.installed by the Developer, shall obligate the Developer to install and complete all such improvements, at his own expense and under the supervision and inspection of the City's Director of Public Works and Engineering, (B) as to improvements petitioned for by the Developer to be installed by the City, which City installations shall be done only in plats situated within the Single Family Dwelling District, the Multiple Residence District and the Planned Residential District, shall obligate the City to provide engineering services and construct the improvements, and obligate the Developer to pay to the City the cost of such services and con- struction through payment of special assessments which shall be payable in not more than three arrnual installments, and (C) as to improvements petitioned for by he Developer to be installed and assessed in accordance with the regular special assessment policies of the City, shall provide for installation if ordered by the City Council and assessment in accordance with the regular policies of the City; provided, however, that the City shall not be obligated to enter into such Agreement (i) if the plat improvements required by such resolution are not allocated among the methods at (A), (B) and (C) above in a manner satisfactory to the City Council, or (ii) if the Developer does not file a bond for the improve- ment at (A) above as hereinafter described, and, as to the improvements at (B) above, does not file a bond or deposit cash in escrow as hereinafter described, or does not deliver a Letter of Credit as hereinafter described, or (iii) as to any improvements, if the City Council determines that the City must borrow money to pay its costs of construction under such Agreement and such borrowing will jeopardize the City's credit rating. as to improvenieizts at (B) above, that if the Developer transfers any lot or parcel in the platted area while special assessments then levied, or to be levied, for the improvements made pursuant to said Agreement remain unpaid, they will be paid or prepaid in full to the City Treasurer, or the County Treasurer. surety authorized to do business in Minnesota and approved by the City Council as surety thereon, and as to improvemerrts referred to'at (A) above, shall be a performance and payment bond in at least the full amount of all contracts for the installation of such improvements, and, as to improvements referred to at (B) above, shal1:be in the full azount of all costs of making the improvements specified in the Agreement not paid in cash by 'the Developer before or at the time of entering into the Agreement and shall be given for the securing to the City of the payment of the special assessments. file such bond, he may, in lieu thereof, deposit in escrow in a national or state bank having an office in the City cash in the full amount of the unpaid improvement costs, together with a written agreement signed by the Developer and the bank whereby the funds in escrow will be paid to the City from time to time upon mitten demand of the City, to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement. "As to improvements referred to at (B) above, if the Developer does not file such bond or deposit cash, he may, in lieu thereof, deliver a Letter of Credit to the City. Such Letter of Credit shall be from a national or state bank approved by the City Council, shall be unconditional and irrevocable, shall be for the full amount of the unpaid imFrovement costs, and shall provide that funds will be paid to the City upon written demand from tiriic to time of the City to the extent of any default by the Developer in the payment of the special assessments pursuant to the Agreement." age and publication. Section 8 of Ordinance No. 801, as amended, is hereby amended Sec. 8. Responsibility for Improvements; Subdivision Financing Agreements. I1 TP 30 b in CiJ w ' The Agreement shall also provide, "The bond herein required shall be given by the Developer with a corporate , "As to improvements referred to at (B) above, if the Developer does not Sec. 2. This ordinarice shall bc in full. force and effect upon its pass- 513/ 76 Motion for adoption of the ordinance was seconded by Councilman Courtney, Rollcall : hyes: Nays: None Ordinance adopted. , Courtney, Richards, Schmidt, Shaw, Van Valkenburg BIDS AWARDED FOR NUNEROUS IMPROVEEIENTS ; SANITARY SEWER IEIPROVEHENT NO. SS-330 AND IJATERNAIN IMPROVEEIENT NO. 1JE.I-301 CONTINUED TO NEST PIEETING. Wr. Hyde pre- ' sented tabulation of bids for Sanitary Sewer Improvements Nos. SS-317-A, SS-326, SS-327, SS-330 and SS-331, for Vstermain Improvements Nos. m-237, W-301, TdM- 302, Wbl-270, Storm Sewer Improvements Nos. ST.S-146, ST.S-147, ST.S-148 and for Graveling Improvement No. C-120. Tabulation showed Fischer Construction Co. , low bidder at $198,920.00, Q.R.S. Construction Co., at $209,624.91, G.L. Con- tracting Co., $209,629.25, Widmer Bros, $218,051.25 and J & T. Contracting at $249,710.00 against estimated cost of $194;341.60. ELr. Dunn recommended award of bid for all improvements except Sanitary Sewer Improvement No. 330 and Water- main Improvement Bo. mi-301, advising that those two improvenents would amount to approximately $7,300 per unit and that he would like to talk to property owners before letting the contract. Mr. Hyde clarified that Fischer Construc- tion Company was still the low bidder whether or not the Yorlc 'ik.-rmcc improve- ments wepe included. Councilman Courtney's motion. awarding contract to recom- mended low bidder, Fischer Construction Co., for all improvements except SS-330 and 1@1-301 for a total cost of $157,948.50 and ccntinuing award of bid for SS-330 and 11-301 to the next meeting was seconded by Councilwoman Schmidt. Ayes : Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Naye: None Hotion carried. ROBERT $1. ROOT REQUEST FOR WATERMAIN IN tlORNINGSIDE AREA NOTED. attention was called to a letter from Hr. Robert >I. Root, 4194 W. 44th Street, requesting that action be'taken as soon as possible to get improved water press- ure for his home and to let hia lcnbw just what action would be taken. Mr. Hyde recalled that a hearing will be held on the watermain on May 17, 1976, and that notices will be sent out later this week. No action was taken. Council's . CAWER AXD BOAT PARKING RESTRICTION REQUESTED FOR APARTMINT PAXTNG LOTS. Hyde called Council's attention to a letter from Mrs. R. R. Reichert, 4350 Brook- side Court, complaining that boats and csmpers are parked in the parking lots in the Brookside Court Apartments. Attorney be instructed to draft an ordinance which would alleviate the problem was seconded by Councilwoman Schmidt. Xr. Councilman Courtney's motior. that the City hyes : Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van ValkenSurg VAFDERVORII. AVEhVE.STREET IMPROVEMENT PETITION RECEIVED. Council's attention was called to a petition from Division Street to the North end of cul-de-sac was ordered accepted for pro- cessing by motion of Councilman Courtney, seconded by Councilwornan Schmidt. for permanent street surfacing and curb for Vandervork Avenue Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None r Motion carried. RRAHL HILL ZONING HEARIEG DATE SET. Council's attention was called to a letter from attorneys representing the Gittleman Corporation, Melvin C. Gittleman and Karl 3. Krahl recalling that the District Court had entered its order for Judg- ment declaring their clients' right to have Krahl Hill rezoned "in accordance with their earlier application and the Western Edina Land Use Plan" and "directing the Council to approve the Gittleman Planned Residential District development proposal in light of its findings and conclusions and the foregoing rezoning". Mr. Erickson advised that he had told the ailtorneys that May 17, 1976, is the earliest that the Krahl Hill rezoning matter could come before the Council. ' Councilman Courtney's motion setting May 17, 1976, €or the zoning hearing of Kra'nl Hill was seconded by Councilwoman Schmidt. . I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PLANNING MATTERS SET FOR H?URING ON NAY 17, 1976. Councilwoman Schmidt's motion setting the following planning matters for hearing on May 17, 1976, was seconded by Councilman Courtney: 1. G. William Pearson - R-1 Residential District to R-2 Multiple Restdential District (gFnerally located South of Vernon he. and West of Arctic Way) Also Lot Division for same property; 5/3/76 2. IIarliev Helle - K-1 Single Family Residential District to P--2 Plultiple Residential District (Generally located South of Vernon Ave. and West of Glenscn Road] - Also Lot Division for same property; family residential District to R-2 Mulriple Residence District; Mark Nelson First Addition - Preliminary Plat -4536 Prance Ave. S. Braemar Court - Generally located West of Cahill Road and South of iJ. 70th Street . Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Motion adopted. I 3. E. G. Thernell - North 6' of Lot 2, Block 1, Killarney Shores - R-1 Sirlgle 4. 5. SANITARY SEWER IMPROVEMENT NO. SS-142 CONNECTION CHARGE AUTHORIZED. Being advised by Mr. Hyde of the request for the owner of Lot 1, Block 4, Parkwood Knolls, to levy a connection charge of $840.20 for'sanitary Sewer Improvement No. SS-142 over a period of six yesrs starting in 1977, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council authorizes period starting in 1977 of the lateral service connection charge of $840.20 against Lot 1, Block 4, Parkwood Knolls. Motion for adoption of th,e resolution was seconded by Councilman Shaw. the levy over a six year Rollcall : Nays: None Resolution adopted. TF Ayes: Courtney, Richards, Schmidt, Shaw,,Van Valkenburg XI b la w w. ASSOCIATION OF P.IETROPOLITAN MUNICIPALITIES ANNUAL MEETING NOTED. the Annual Meeting of the Association of Metropolitan Municipalities which will be held on May 19, 1976, at the Golden Valley House at 7:30 p.m. Councilman Courtney will attend. Note was made of He urged that the meeting be attended by all Council members. PART OF LOT 9, BLOCK 2, LAKE EDINA 2nd ADDITION, QUIT CLAIM DEED AUTHORIZED. As recommended by Mr. Erickson, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Mayor and Clerk are hereby authorized to execute a quit claimdeed frorr, the City of Edina to William F. Xasterson and Carolyn A. Nasterson, conveying the City's interest in the construction easement covering part of Lot.9, Block 2, Lake Edina 2nd Addition. Motion for adoption of the resolution was seconded by Councilman Richards. RES OLUT ION Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. XERXES AVENUE IMPROVEMENTS AGREEMENT WITH CITY OF RICHPIELD AUTHORIZED. Mr. Dunn called Council's attention to an agreement between the City of Edina and the City of Richfield for joint participation in the construction of street grading, street surfacing and curb and gutter improvements on Xerxes Avenue between W. 66th and W. 78th Streets, clarifying that the agreement did not include the installation of ornamental street lights. Councilman Courtney thereupon offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the Edina City Council that the Mayor and City Manager are hereby authorized to enter into agreement with the City of Richfield for joint participa- tion of street grading, street surfacing and curb and gutter improvements on Xerxes Avenue between kr. 78th Street and $1. 66th Street. Motion for adoption of the resolution was seconded by Councilwoman Schqidt. Rollcall : Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays : Richard Resolution adopted. BUS. SHELTER AGREEHENT WITH ME'IROPOLITAN TRANSIT COMMISSION APPROVED. Mr. Hyde presented an agreement with the Metropolitan Transit Commission under which the City of Edina would agree to purchase, install, maintain and repair two specially designed passenger waiting shelters as part of the redevelopment of W. 50th Street between France and Halifax.Avenues, for which the Transit Commission will reim- burse the Citv up to two-thirds of the total actual cost, not to exceed $6,667.00. each. Councilman Richards offered the fo.llowing resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and City Manager to enter into agreement with Metropolitan Transit Commission, under which RESOLUTION .-- 51 3/76 agrccmcllt tilc City of Edina will puychase, install, maintain and repair two speci- ially desigllcJ passenger waiting shelters as part of the redcvelopmcnt of N. 50th Street between France 2nd IIalifax Avenues, and for which the Neti:qol.itan Transit Conmission will reimburse the City up to two thirds of the total actual cost, not tiorion for adoption of the resolution was seconded by Councilman Shaw. to exceed $6,667.00 each. Ro 1 lca 11 : &yes: Nays: None ' Resolution adopted. Courtney, Richards, Schmidt , Shaw, Van Valkenburg HEWEPIN C@U??TY PUBLIC SAFETY COMMUNICATIONS INTERIM USER BOARD (HECO) PARTICIPA- TLON CONTINUED TO HAY 17, 1976. County Public Safety Communications Interim User Board (HECO), recalling that Council had received a preliminary report on the universal emergency telephone nunber for police and fire calls. City would still maintain a 24-hour dispatcher and recommended participation in . the program. estimate of cost for the program before the next meeting. Elr. Hyde reviewed progress made by the Hennepin Mr. Hyde explained that under this plan, the Following discussion, Mr. Hyde said that he would try to obtain an No formal action was taken. HL"? RELATIONS CON4ISSION APPOINTMENT PWE. AS recommended by Mayor Van Valken- burg, Councilwoman Schmidt's motion appointing Mr. Christopher Krueger to the Human Relations Comission to fill the unex6ired term of Nr. Arthur Nelson, which term espires on February 1, 1977, was seconded by Councilman Richards. Ayes: Motion carried. Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None .. .. W. 69TH STREET IEPROVENENTS CONTINUED TO JUNE 21, 1976. Nr. Hyde recalled that improvements Nos. P-BA-220, P-S-19 and P-TS-1 had been continued from the meeting of April 19, 1976, to &fay 17, 1976, because major property owners in the area had reqdested that the improvements be continued indefinitely. Nr. George Hite, representing Dayton Hudson Corporation, objected that $65.00 per foot is-mucli * too costly and that the existing streets are still in good condition. recalled that Gabberts and Dayton Hudson had retained Bather, Ringrose, Wolsfeld, Inc., to make an evaluation of traffic movement in the area and make recommenda- tions as to what modifications might be macle in the location of Eedian cuts. He requested that the property owners and the.Engineer meet to try to redefine the scope of the project and to reech an understanding as to what needs to be done before the public hearing is conducted. Mrs. Alison Fuhr, 6609 Brittany Road, spoke of the need for sidewalks 'in the area, as well as provisions for bicycle riders. Mrs. Fuhr advised that Hennepin County has expressed its willingness to install sidewalk as a part of the France Avenue improvement if itis requested by the City. it is ahost uns2fe fer pedestrians to wdk along the street. traffic signals which are proposed to be installed on Frence Avenue do tlot lend themselves to pedestrian phases because there are 'free right.movements into and out of the shopping center in che middle of the block. Following discussion, Councilman Courtney's motion that P-BA-220, P-S-19 and P-TS-1 be continued to June 21, 1976, and that sidewalks also be discussed was seconded by Couscilman Shaw. Ayes : Nays: None Notion carried. Nr. Hite Mr. Dunn explained that because Prance Avenue is so "automobile oriented" Iie added that the Courtney, Richards , Schmidt, Shaw, Van Valkenburg OR POLICE R& SERVE POLICY AMP= Councilman Shaw recalled that 'Councifman Richards had been requested to draft a policy for the Edina Senior Police Reserve. He thereupon offered the following resolution and moved its adoption: RESOLVED that the following criteria and standards be and the same hereby are adopted for further implementation and regulation of the Senior Police Reserve of the City of Edina and the class members, both present and potential, thereof: RESOLUTION CITY OF EDIXA SENIOR POLICE RESERVE 1. 2. Se.nior Police Reserve Plan ("Plan") limited to presently defined class of 14. A. Class is now defined - cannot expand as to this particular plan. Compensation paid and to be paid shall be $100 per month per participant subject to the following: A. Must actually perform 80 hours service to City for preceding year in order to qualify for retention as member of the Senior Police Reserve. (i) Actual work performed shall be as requested by the City I-lanager of the City. Presence within City of Edina of person performing work not required so long as City BIanager is requesting work from parti- cipant and does not require presence €or particular task assigned. (ii) If permanently residing within seven county metropolitan area and is able and will.ing to perform services, as requested, then parti- cipant qualifi.ed to remain as member of Senior Police Reserve even .if 80 hours oE work has not been performed by participant in that preceding calendar year. (iii) If not permanent resident of seven county metropolitan area, parti- cipant who returns to reside temporarily in area for a minimum of a total of ten days and makes known to the City Manager his will- by the City Manager shall be deemed to have met the service requirement set forth in this paragraph 2. ' 'ingness, availability and ability & perform services as requested 3. In any event, compensation paid under the Plan shall cease when participant reaches the age of 75 unless the City Council of the City by majority vote determines that participant shall be able to continue as a member in good standing of the Senior Police Reserve. A. .In order for City Council to determine that participant may continue to be member in good standing under the Plan, Council must make affirmative findings that participant is physically and' mentally competent to perform those services any participant under Plan has been called upon City Council in making its findings. must affirmative137 find that participant's health shall not unduly affect his ability to perform those services he may be called upon to perform. City and participant to execute agreement upon participant first becoming a member of Seni.or Police Reserve. yearly by City and participant. I . in the past to perform. B. 4. Agreement thereafter shall be renewed Councilman Courtney said that he could not support the resolution unless it pro- vided that the nember must remain in the area because he believed that the policy could be violated by members who lived outside Che metropolitan area. Richards. . 5/3/76 Motion for adoption of the resolution was seconded by Councilman Rollcall: Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays : Courtney Resolution adopted. BICENTENNIAL EXHIBITS NOTED. Mr. Hyde called Council's attention to the display of exhibit boards in the lower level of the City Hall, which boards had been on display at the Bennepin County Government Center as a part of Edina's participa- tion in the Bicentennial. Attention was also called to the Bicentennial Quilt: on display in the Council Room which has been made by members of various Edina organizations. ORDINANCE NO. 311-A7 GRANTED FIRST READING. Mr. Hyde advised Council that an amendment to the Dog Ordinance is necessary because judges do not take dog cases seriously. He reviewed proposed changes in the ordinance and suggested the pos- sibility of selling tags door to door on a commission basis as other municipalities have done. In. response to Mrs. Helen McClelland, Nr. West clarified that 2 dog owner would only need proof of current vacination in order to obtain a licence. Councilman Courtney thereupon offered Ordinance No. 311-A7 for First Reading as follows : ORDIRANCE NO. 311-A.7 . ' AN ORDINANCE AMENDING ORDINANCE NO-. 311 TO INCREASE THE FEES FOR REDEEMING ANIMALS FROM THE POLWD, TO REQUIRE RETURN OF NOTICES OF Section 1. Section 11 of Ordinance No. 311 is hereby amended to read as follows : "Sec. 11. Redemption. Any animal impouaded for a reason other than for being observed for rabies may be redeemed from the pound by an owner within the time or period stated in Sec. 10 by paying to the Poundmaster the license fee for the current year if the animal is unlicensed and required to be licensed by Ordinance No. 31i, an impounding fee of $25, a fee of $5 for each day the animal is confined in the pound as the cost of feeding, and any costs incurred for veterinarian services. Sec. 2. Section 16 (11) of OrdiEance 311 is hereby amemded to add theretb the . following: "The owner of any animal placed in quarantine under the. provisions of either of the two imniediately preceding paragraphs of this Section 16 (h) shall deliver to the City the 'Notice of quarantine' served on the owner by the City at: 'the time such quarantine is established, duly completed and signed by a licensed Veterinarian, and dated not less than 10 days, nor more than '14 days, from the date of the establishment of such quarantine." , 5/3/76 i Set, 3. Section 26 of Ordinance No. 311 is hereby amended to read as f ollowo : herein, .any person mainraining a nuisance as defined in this ordinance, or other- wise violating this ordinance, or owning, keeping or harboring an animal in violation of this ordinance, shall upon the first conviction thereof be punish- able by imprisonment for not less than 5 days nor more than 10 days, or by a fine of 11ot less than $25 nor more than $300,. or both, together with the costs of prosecution in either case; upon a second con;iction of violation of the provisions of this ordinance, the penalty shall be imprisonment for not less than 15 days nor nore than 30 days, or a fine. of not less than $50 nor more than $300, cr both; upon a third conviction of violation'of the provisions of . this ordinance, the penalty shall be imprisoninent for not less than 30 days rior more than 90 days, or a fine of not less than $100 nor more than $300, or both; upon a fourth and each subsequent conviction of violation of the provisions.of this ordinance, the penalty shall be imprisonment for 90 days or a fine oE $300, or both; with, in each case, the costs of prosecution added. however, that the penalty for the first and each subsequent conviction of vioxa- tion of the provisi.ons of Section 16 (h) of this ordinance involving the failure to deliver.to the City the Notice of Quarantine shall be punishable by imprison- mmt for not less than 30 days nor more than 90 days, or by a fine of not less than $100 nor more than $300, or both, with costs of prosecutionqadded in each case. Sec. 4. This ordinance shall be in full force and effect upon its passage and publication. ''Set. 26, penalties. In addition to the other penalties or Eees prescribed Provided, 11 ORDIKANCE NO. 901-AG AD(3PTED ON SECOND REDING. following ordinance and moved its adoption: Councilman Courtney offered the ORDINANCE NO. 901-A6 AN ORDINANCE AMENDING ORDINANCE NO. 901 TO LsLLOl? TEP1PORA.RY ON-SALE LICENSES FOR THE SALE OF NON-INTOXICATING EfALT LIQUOR TEE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 17A. Temporary On-sale License. Temporary licenses for the on-sale Part C of Ordinance No. 901 is hereby amended by adding thereto a new Sec. 17A, as follows: of non-intoxicating Ealt liquor may be issued on the following terms and condi- t ions : I "(a) They shall be issued only to applicants which are: "(1) A corporation or orgmization organized for service to the . . comunity, state, or nation, for social purposes, for the promotion of sports, or for the promotion of persons to elective office, where the serving of non- intoxicating malt liquor is incidental to and not the main purpose of the organization; or zre deductible from the income of the donor under the Internal Revenue Code of 1954, and now enacted or as hereafter amended; and which meet all of the following requirements by presentation of evidence satisfactory to the City Manager: engaged in programs iatended to further and promote the purposes for which organized for a period of at least 18 consecutive months,prior to the date zpplication is made for such license: for one or more of the purposes set out in (a) and (2) above in this paragraph (a), 'and not for the sole or main purpose of obtaining such license. corporation or organization in a calendar year, and there shall be at least ninety (90) days between the license issue. dates. "(2) A charitable or religious corporation for and to which gifts I1 "(i) Applicant must have been in existence and actively "(ii) Applicant must be a bona fide organization, organized . "(b) Not more than two (2) such licenses shall be issued to any one "(c) "(a) Only one such license shall be issued for any date. Each such license shall allow the on-sale of non-intoxicating malt liquor only, and on3.y on the premises described in, and for the days specified in, the license. only, and sales during such days shall be sEbject to the provisions of Sec. 18 cf this ordinance relatFve to the hours of sale. pursuant to Sec. 14 of this ordinance, and containing such additional information as the City Yhnager may request as to the purpose and business of the applicant, at least forty-five (45) days in advance of the days for which such license is requested, and including with such application ehdence satisfactory to the City Manager that the applicant has in force, and will have in force on the days for which the license is requested, with a company or companies acceptable to the City Nanager, a public liability insurance policy, and a liquor liability policy covering liability under the provisions of Minnesota Statutes; Sec. 340.95, "(e) Each such license shall be issued for two (2) consecutuve days (f) The applicant for a temporary license shall submit an application 11 5/3/76 providing coverage of at least $300,000 for injury to one person and $500,000 Eor injuried from each occurrence, and at least $50,000 for damage to property, and naming the City as an additional insured party on such policies. be refunded unless thz application is withdrawn or denied for reasons other than willful misstatement in the application. the holders of, th-e premises licensed by; and licensed issued under this Section 17A, except that the applicant for such a license need not have been incorporated for more than ten years, nor own'and operate a club house for its members, nor be a regularly established restaurant, golf.course, or bowling alley, and except further that the provisions of paragraph (c) of Sec. 13 and of paragraph (b) of See. 17 of this ordinance shall not apply to licenses issued under this Section "(e) The license fee shall be $25.00 per license. The fee shall not "(h) The provosions of Part C of this ordinance shall be applicable to "(i) Once granted, and upon application made at least five (5) days I 17A. in advance of the dates for which the license is issued, an applicant may reques- a transfer of the license to another period of two (2) consecutive days. The City Manager may grant such transfer if no temporary on-sale license has then been issued for that same time period." and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Sec. 2. This ordinance shall be in full force and effect upon its passage .Rollcall : Ayes : Courtney, Richards, Schmidt, Shaw, Nays: None Ordinance adopted. ATTEST : ORDINANCE NO. 1401-A3 ADOPTED ON SECOND READING. Councilman Courtney offered the following ordinance for Second Reading and moved its adoption: ORDINANCE NO. 1401-A3 AN ORDINANCE AMENDING THE EDINA TRAFFIC CODE TO PROVIDE FOR PARKING FACILITIES FOR THE HANDICAPPED, TO PROVIDE RESTRICTIONS ON THE USE OF SUCH FACILITIES, . AND PRESCRIBING A PENALTY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. A new Part 22 is hereby added to Ordinance No. 1401, as follows: "22.0i- Definitions. I "22. Parking Spaces for the Physically Handicapped. The following words and terms as used in this Part 22 shall have the following meanings unless the context clearly indicates other- wise : to physically handicapped persons by the Minnesota Department of Public Safety pursuant to Minnesota Statutes, Section 169.345. "'Physically handicapped' means any person who has sustained an amputation or permanent material disability of either or both arms or legs, or who has bzen otherwise permanently disabled in anymanner rendering it difficult and burdensome to walk. "'Identifying certificate' means the certificate or insignia issued "22.02 Designation and Signing of Parking Spaces. "( a) Any person, corporation, organization, or governmental sub- division may designate, and reserve for use by physically handicapped persons, pursuant hereto, parking spaces upon property owned or controlled by the party making such designation and reservation. "(b) physically handicapped shall not be less than 12 feet in width and located as near as practicable to the entrance of the building that is most easily usable by physically handicapped persons. Desigaation and reservation of such parking spaces hereafter shall be made by the posting of permanent, nonportable signs conforming to the requirements of the manual on Uniform Traffic Control Devices for Streets and Highways as adopted by the Minnesota Cominissioner of Highways. designating and reserving parking spaces for physically handicapped persons unless the location, number, and'method of signing of such spaces is first approved by the City Planner or an appointed representative. Parking spaces hereafter designated and reserved for the "(c) "(a) No person shall hereafter erect or cause to be erected signs "22.03 Parking Restrictions. "(a) The provisions of this Part 22 shall apply to all parking spaces designated and reserved for physically handicapped persons on both public and private property and whether designated and reserved pursuant to applicable statutes, regulations, or ordinances, or voluntarily done. 5/3/76 * . "(b) No person shall park a ated and reserved for the physically i motor vehicle In 'parking spaces design- handicapped unless : L "(1) That person is physically' handicapped or is operating a vehicle under the direction and Eor the use of a physically handicapped person; and issued and valid identifying certificate." "(2) Such vehicle has displayed prominently upon it a duly "22.04 Penalty. "(a) "(b) Any violation of this Part 22 shall be a petty misdemeanor. Any unoccupied vehicle found violating the provisions of this Part 22 may be removed and impounded pursuant to City of Edina Ordinance No. 1403. Sec. 2. and publication. Motion for adoption of the resolution was seconded by Councilman Shaw. This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. 50TH STREET PARRING RESTRICTED BETWEEN FRANCE AVENUE AND 200' WEST OF HALIFAX AVENUE. As recommended by Mr. Dunn, Councilman Shaw offered the following reso- lution and moved its adoption: WHEREAS, the City of Edina will be expending Xunicipal State Aid Funds on the improvement of 1.7. 50th Street from 200 feet West of Halifax Avenue to France Avenue; and WHEREAS, the Zmprovement does not conform to the approved minimum standards as previously adopted for such Nunicipal State Aid Streets and approval of th? pro- posed construction as a Municipal State Aid Street must, therefore, be conditioned upon certain parking restrictiohs; and RXEIWAS, the extent of these restrictions would be a necessary prerequisite to the approval of this construction as a Municipal State Aid project in the City has been determined; NOW, THEREFORE, BE IT RESOLVED by the Edina City Council that parking on the above mentioned street be restricted so that no parking is permitted on either side of W. 50th Street from 200 feet West of Halifax Avenue to France Avenue, effective July 1, 1976. Motion for adoption of the resolution was seconded by Councilran Courtney. RESOLUTION - Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. CORNELIA SCHOOL SPEED ZONING ESTABLISHED. As recomended by Nr. Dunn, Council- man Courtney ozfered the following resolution establishing a speed limit on I?. 70th Street at Cornelia School in accordance with action taken previously by the Council, and moved its adoption: RESOLUTION ESTABLISHING SCHOOL SPEED ZONING FOR CORNELIA ELEMENTARY SCHOOL TJJHEREAS, the 1975 MinEesota State Legislature adopted legislation eaabling local authorities to establish speed limits in school zones; a<d KiEREAS, the prescribed engineering and traffic investigation has been completed for TJ. 70th Street at Cornelia Elementary School; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby establishes a speed limit of 20 miles per hour on V. 70th Street between Cornelia Drive and the West limits of the School grounds for Cornelia Elementary School, which speed limit shall be effective upon the erection of appropriate signs designating the .: -.. speed and indicating the beginning and end of the reduced speed zone; and BE IT FURTHER RESOLVED that the intended times of operation are between 8 and 9 a.m., 11:30 a.m. - 1:15 p.m. and Xand 4 p.m. during school days. Motion for adoption of the resolution was seconded by Councilman Richards. I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Vlakenburg Naysr None R esolution adopted. VOTING MACHINE TUNE-UP AUTHORIZED. Mr. Hyde recalled that the City Attorney had recommended that additional bids be taken before letting bids for the tune-up of the City's 86 Automatic Voting Machines and the changing of curtain cords from Nylon to wires. to advise Automatic Voting Bhchine Corporation that its bid for the voting mach- ine tune-up has been accepted at a cost of $50.00 per machine for the tune-up, with an additional cost of $2.50 each to change nylon cords to vires, and with the understanding that there may be an additional expenditure for any major No other bid having been received, the City Clerk was authorized 5/3/76 7% ,/ u El pra lems which might be discovered during the tune-up. The motion was made by Councilwoman Schmidt' and seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. GOLF COURSE MOWER PURCHASE APPROVED. As recommended by Mr . Hyde, Councilman Richards'. motion authorizing purchase of a Toro Groundmaster 72 from Minnesota Tor0 (the only distributor) for $4,350 for the mower and $265 additional for a roll bar which meets OSHA standards, was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg , Nays: None Motion carried. EXCHANGE OF LAND WITH DU" & CURRY AUTHORIZED FOR LOTS 6 AND 7, LAKE EDINA REPLAT. As recommended by Mr. Dunn, Councilman Courtney offered the following resolution - and moved its adoption: BE IT .RESOLVED that the Edina City Council authorize the exchange of a portion of Lat 7, Lake Edina Replat, owned by the City.of Edina, for a portion of Lot 6, Lake Edina Replat, which is owned by Dunn 6 Curry, with Dunn & Curry paying the City an additional $2,000. Motion for adoption of the resolution was seconded by Councilman Richards. . RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BRAEMAR PARK PR.OPERTY ACQUISITION BY HENNEPIE COUNTY APPROVED. CounciL of a letter from Mr. Harold L. 'Gustafson, Hennepin County Right-of-way Mr. Hyde advised - Agent, confirming that the County has increased its offer for Braemar Park pro- perty located adjacent to the County Road 18/Valley View Road interchange from $63,000 to $75,000. Councilman Shaw's motion authorizing approval of the sale of the land to Hennepin County for $75,000 was seconded by Councilman Courtney. Ayes : Courtney, Richards , Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. METROPOLITAN COUNCIL NOMINATIONS APPROVED. Councilman Richards' motion was seconded by Councilwoman Schmidt, approving the nomination of Councilman Courtney to the Metropolitan Council Land Use Committee and of Mr. Luce to the Housing Committee of the Metropolitan Council. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. payment of the following claims as per Pre-List: Park, $16,840.16; Park Construction, $10,125.40; Park Sinking, $25,453.50; Swimming Pool, $16.25; Golf, $21,582.95; Arena, $6,681.12; Gund Range, $8.22; Water Works, $11,195.86; Sewer Fund, $935.77; Liquor l?und, $99,919.23; Construc- tion, $185.26; IBR Fund, $156,358.49; Total, $455,217.85. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Motion of Councilwoman Schmidt was seconded by Councilman Shaw for General Fund, $105,915.64; Council's agenda having been covered, Councilwoman Schmidt's motion for adjourn- ment was seconded by Councilman Richards and carried. Adjournment at 9:20 p.m. I City Clerk 0