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HomeMy WebLinkAbout19760712_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD ON JULY 12, 1976, AT CITY HALL Answering rollcall were members Courtney, Schmidt, Shaw and Mayor Van Valkenburg. MINUTES of the June 21, 1976 meeting were approved as corrected and the Board of Review minutes were approved as submitted by motion of Councilmari Courtney; Mr. Shaw seconded the motion. Ayes: Courtney, Schmidt, Shaw and Van Valkenburg. Nays: None Notion Czrried DALSIN 1ST ADDITION GRANTED PfiELIMINARY PLAT APPROVAL; SUBJECT TO CERTAIN CONDITIONS. and ordered placed on file. inary plat approval. three lots on the northeast corner of Laguna Drive and West Shore Drive to a reconfigured three lots. Drive. house facing West Shore DZhe is set back on the lot creating an excellent transition, and stated that the Planning Commission recommends approval as no significant changes are being made to the area and no new buildable lots are being created. This recommendation was contingent on the dedication of an easement for utility purposes and the installation of one connection for utili- ties for the southeast lot. moved its adoption subject to receipt of an agreement from the ohners of the property to dedicate to the City an easehent for utility purposes and the installation of one.connection for the southeast lot: Affidavits of Notice were presented by Clerk, approved as to form Mr. Luce presented Dalsin 1st Addition for prelim- He advised that the proponents are requesting to replat This new proposal would have two lots facing Laguna He noted that there are homes now facing Laguna'and the existing Mr. Courtney offered the following resolution and R?3SOLUTION APPROVING PRELIMINARY PLAT OF CALSIN 1ST ACDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Dalsin 1st Addition", platted by Bernard Dalsin, and presented at the Edina City Council Meeting of July 12, 1976, be and is hereby approved, subject to receipt of an agreement from the owners of the property to dedicate to the City an easement for utility purposes and the installation of one connection for the southeast lot. . Blotion for adoption of tne resolution was seconded by Councilwoman Schmidt. I .. Rollcall: Ayes: Courtney, Schmidt, Shaw and Van Valkenburg Nays: None Resolution adopted. O2DI.NA"E NO. 71142 ADOPTED; 2ND READING WAIVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Erickson explained that the amendment to Ordinance No. 711 would include the estzblishment of a commercial sanitation district. The methods allowed within the district would be non-exclusive license (each owner within the districtmah- taining his own hauler), by an exclusive license (such as in Morningside), by a ccntract between the City and a hauler, or the City doing the hauling. The amendment is designed for specific implementation at this time in the 50th and France area, however, is not restricted to that a;ea and may be applied to other areas in the future. be made by the Council through a resolution. No. 711-A2 for first reading, with waiver of 2nd reading and moved its adoption as follows: Mr. . He stated that the designation of sanitation districts nust Mr. Courtney offered Ordinance ORDINANCE NO. 711-A2 AN ORDINANCE AMENDING ORDINANCE NO. 711 TO AUTHORIZE THE ESTABLISHMENT OF COMIv!ERCIAL SLNITATION DISTRICTS Section 1. Sections 9, 10, 11, 12, and 13 of Ordinance No. 711 are hereby . THE CITY COUNCIL OF THE CITY OF EDINA, MIFJNESOTA, ORDAINS: amended to read as follows: "Sec. 9. Definitions; Sanitation Districts - Methods of Collection. "a. Definition. For purposes of Sectidns 9 through 13, the following terms shall have the following meanings: swill, rubbish, sweepings, cleanings, paper, cardboard, glass, jars and bottles, Plastic containers, and other waste items normally resulting from the operation of a household, and yard debris such as grass clippings, leaves, hedge trimmings, a-d tree limbs of 8 inches or lass in diamete5 and cut to 3-foot lengths or less. 'I 'Household refuse' shall mean all domestic solid waster, garbage, 'Commercial refuse' shall mean all solid waste, all refuse, garbage, swill, rubbish, and waste matter generated in the normal operation of a commercial, business or office. establishment. 1 \ 7/12/76 "The deEinitions of 'commercial refuse' and 'household refuse' shall not include construction material or other waste matter or debris resulting from the construction, reconstruction, or demolition of buildings and other improvements; major appliances, such as refrigerators, freezers, stoves, air conditionyx, etc.; bodily wastes, stones, sod, earth, concrete, automobile parts, explosives, or inflammable liquids. the City into two or more residential sanitation districts and two or more commercial sanitation districts, and prescribe that all household refuse or commercial refuse therein shall be collected, by one of the following methods: "b. Sanitation Districts. The Council may by resolution divide "(i) By non-exclusive license to one or more haul-ers; "(ii) "(iii) "(iv) By exclusive license to one or more haulers; By contract between the City and one or more haulers; or By City employees using City-owned or leased equipment. . "A residential sanitation district may be established in areas zoned or used for single or two-family dwellings. be established in areas zoned or used for neighborhood, community, regional, or automotive commercial uses, in Office Building Districts 1 and 2, Planned Commercial Districts, Regional Medical Districts, and Automobile Parking Dis- tricts, all as defined in Ordinance No. 811. "Sec. 10. Designation of Commercial Sanitation Districts. In addition to complying with the other sections of this Ordinance No. 711 that are not in conflict with the provisions of this Section 10, every owner, tenant, and occupant of any premises within a commercial sanitation district that accumu- lates commercial refuse on such premises shall'store and dispose of such refuse as provided in this section. commercial sanitation district, the City Planner shall review and report to the Council the type and amount of commercial refuse generated within the proposed district, the existing commercial refuse storage facilities thereon, the loca- tion, size, and type of waste containers used on each premises, the cost of removal from each premises, the routes used by collection vehicles, and the times and days when the containers are emptied. A commercial sanitation district may TF 00. €- "(a) Preliminary Study. Before designation of an area as a m w w "(b) Public Hearing; Type, Size, Number, and Location of Containers; Frequency and Manner of Pickup. After public hearing, preceded by at least 10 days' prior writtell notice mailed to all owners, tenants, and occupants of these premises within the proposed commercial sanitation district at the address of'such premises, the Council mzy by resoluticm estzblish: The boundaries of such commercial sanitation district; "(i) 'I (ii) The type, size, and number of waste containers to be used by each owner, tenant, or occupant within the district, and whether the containers are to be furnished by such owner, tenant, or occupant, or by the collector; "(iii) district ad the containers that each owner, tenant, or occupant shall use for the storage of his commercial refuse; of collecting vehicles, and the time of day when collection shall be made; The method of collection authorized by Section 9 hereof that shall be employed.; "(vi) If either method (iii) or (iv), as set out in Sec. 9, paragraph b, of.collection is selected, the share of the cost thereof, or the method of computing the share of the cost thereof, to be imposed on each owner, tenant, or occupant of premises in the district; and "A copy of such resolution shall be mailed to each owner, of Dremises within the district within 10 days after passage thereof. The location of each refuse storage facility within the t I "(iv) The frequency of pickup for each contairier, the routes i "(v) "(vii) The effective date of establishment of the district. tenant, or occupant I .. "(2) Location of Containers; Storage of Liquids. All waste con- tainers must be located in a fully enclosed structure. No exterior storage of commercial refuse shall be permissible except in an accessory building com- pletely enclosed by four walls and a roof, which shall be constructed of the same naterials as the original construction and shall be designed in a manner conforming with the original architectural- design and general appearance. "All commercial refuse that accumulates on any premises shall be drained of all liquids. than liquids in that they will not flow readily without additional liquid must be placed in sealed containers before disposal in a waste container. sanitary condition at all times. Those wastes having--the character of solids rather "Waste containers shall be maintained in a reasonably clean and "Sec. 11. Exclusive Licensee Collection; City or Contractor Collection; Replacement of Defective Contain=. collection of household refuse or commercial refuse, the Council shall prescribe "(a) Exclusive Licensee. In granting an exclusive license for 7/12/76 the area to be served, the intervals between collections, .the schedule of charges to be imposed, and the period of time for which the license is granted. addition, in commercial sanitation districts, the Council shall further pre- scribe the routes of collecting vehicles and the time of ,day or night when collections shall be made. to collect household refusc or commercial refuse, as the case may be, in the area described in the license. by a licensee shall be paysble by the party requesting the service directly to the licensee, and the City shall not be responsible for collection of such charges. the collection of household refuse or commercial refuse is performed by City employees or by another under contract with the City, the City shall'impose, bill and collect reasonable charges for collection services. be billed quarterly on or before April 1, July 1, October 1, and January 1 of lot or parcel of land on which the premises are located. incfude a penalty of 10% of the unpaid charge and shall bear interest at the rate of 6% per annum. The failure or inability of the City to collect any por- tion of the charges for collection services rendered under contract shall not reduce the liability of the City to pay the contractor the amounts specified in the contract. Any contract for such collection services shall state the area to be served, the intervals between collections, the duration of the contract, which shall not exceed four years, and the amounts and dates of payments to be made by the City. In a commercial sanitation district, the contract shall' further prescribe the location, size, type, and number of containers to be used if supplied by the contractor, the routes of collecting vehicles, and the time of day or night when collection shall be made. "(c) Defective Containers. When a container furnished by a licensee or contractor is in poor repair, is corroded, or is otherwise defec- tive so as to permit insects, vermin, or rodents to enter, or does not meet other requirements of this ordinance, the licensee or contractor shall be-r notified in writing of such deficiency by the City Planner or City Public Health Sanitarian. defective container within one week of the date of such notice, then the City may replace the container with one of & similar type, and the cost thereof shall be deducted from any payments due to the licensee or contractor. contract entered &to by the City, and arry exclusive license granted, pursuant to this ordinance, shall become effective on January 1 of any year, or on such earlier date as then existing licenses or contracts previously issued or entered into under this ordinance for the service and for the district or districts . covered by such new contract or Iicense expire or are revoked, and if more than one such license or contract shall exist as to any such district, the said new contract or exqlusive license shall become effective, as to the premises served by such existing license or contract, at the time of such earlier expiration or revocation of each such existing license or contract. license or contract granted or made by the City for collection of household refuse or commercial refuse, pursuant to this ordinance, shall be subject to cancellation by the City in the event of failme by the licensee or contractor to abide by the terms of this ordinance or the license or contract, and upon notice mailed to the licensee or contractor at least 15 days in advance of the date specified in the notice as the date of cancellation. pursuant to this Section 13 shall be in addition to the remedies, pcvisions and penalties of Ordinance No. 141, which shall also apply to such exclusive licenses and contracts." upon its passage and publication. Mrs. Schmidt seconded Mr. Courtney's motion. In An exclusive licensee shall have the exclusive right All charges for collection services performed "(b) City or Contractor Collection. As to any district in which Such charges shall . each year, and any chargenotpaid within 30 days shall be assessed against the The assessment shall If the licensee or contractor does not repair or replace the "Sec. 12. Effective Datefor City Contract and Exclusive License. Any "Sec. 13. Cancellation of Exclusive License or Contract. Any eXClUSiVe . Cancellation Sec. 2. This oriiinance shall be in full Rollcall : Ayes: Courtney, Schmidt, Shaw and Van Valkenbu Nays: None Ordinance adopted. SIDEWALK IME'IEOVEMENT NOS. 5-17 and S-20 BID AWARDED. Mr. Hyde presented a tabulation of bids received in response to Advertisenent for Bids in the Edka Sun and Construction Bulletin. Tabulation showed Victor Carlson low bidder on Proposal A, Sections I, II: and IV and Proposal B, Sections I and I1 (side- walk construction) at $48,477.00. Other bids received for this project were Concrete Company at $57,131.17.and Day-co Concrete Company at $57,131.17. only bid received for Proposal A, Section 111 (bridge construction) was from Hamelc and Assoaiates for $3,604.00. Mr. Hyde recommended award of bids to . the low bidders. The .. 7/12/76 Mrs. Schmidt moved that the bids be awarded to Victor Carlson and Haniele & Associates. Mr. Courtney seconded the motion. Ayes : Courtney, Schmidt, Shaw and Van Vallcenburg Nays: None Motion carried. REQUEST FOR FULL-TIME PATROL OFFICER AT 50TH AND FRANCE. Council's attention to a letter received from the 50th and France Business and Professional Association requesting a full-time patrol officer for pro- tection, security and traffic enforcement for the 50th and France business community. Mr. Hyde recommended that the request be referred to the Police Department for analysis and consideration. Mrs. Schmidt so moved, Mr. Shaw seconded the motion. All voted aye. Motion carried. REQUEST FOR SIGNALIZATION AT CORNER OF BLAKE ROAD AND INTERLACHEN BOULEVARD. The Council's attention was directed to a letter received from Mr. Robert P. Boblett, requesting signalization at the corner of Blake Road and Interlachen Boulevard. Mr. Hyde pointed out that Blake Road is temporarily the detour for County Road 18 and that this accounted for the increase in traffic. Courtney moved that the request be referred to the Public Safety Committee for consideration, Mr. Shaw seconded the motion. All voted aye. Motion carri-ed. Mr. Iiyde called Mr. * 90 e* p3 w W CONTINUATION OF PUBLIC HEARING ON PRELIMINARY PLAT FOR KRAHL'S MOUNTAIN. The Council's attention was directed to a letter received from Mr. Melvin C. Gittleman requesting that the final hearing for the rezoning of the Krahl Hill property and the preliminary plat of Krahl's Mountain, which was scheduled for Monday evening, July 19, be rescheduled for Monday evening, August 16, 1976. Mr. Shaw moved that the final hearing be rescheduled . to August 16, Mr. Courtney seconded the motion. All voted aye. Motion carried. ... LOT DIVISION AT 7330-32 CORNELIA DRIVE GRANTED, Mr. Luce explained that the proponents are requesting a division of an existing double bungalow onto two lots which may be homesteaded. Planning Commission recommended approval of the request as no additional buildable lots are being created and no problems have occurred with any other divisions of this type. M.t-. Courtney , moved that the following resolution be adopted: WXEREAS, the following described property is at present a single tract of land : Lot 16, Block 1, Oscar Roberts 1st Addition; and WHEREAS, the owners have requested the subdivision of &id tract into sep- arate parcels (herein called "Parcel") described as follows: RESOLUTION APPROVING LOT DIVISION That part of Lot 16, Block 1, Oscar Roberts 1st Addition lying West of the following described line: North line of Lot 16, a distance of 50.0 feet East from the Northwest corner thereof; thence South parallel with the West line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16, a distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and That part of Lot 16, Block 1, Oscar Roberts 1st Addition except that part lying West of the following described line: point on the North line of Lot 16, a distance of 50.0 feet East from the Northwest corner thereof; thence South parallel with the West line of Lot 16 a distance of 110.0 feet; thence East parallel with the South line of Lot 16, a distance of 2.0 feet; thence South 40.0 feet more or less to a point on the South line of Lot 16, a distance of 52.0 feet East of the Southwest corner; and Commencing at a point on the Commencing at a WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREPOREC, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of the second above described parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 811 and 801 are hereby waived to allow said division and ' conveyance thereof as separate tracts,of land, but only the extent permitted under Ordinance No. 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other 18.6' , 7/12/76 L 2urpose or as to any other provisions thereof, and further subject, however,. to the provision that no further subdivision be made of said Parcels unless 'made in complieance with the pertinent ordinances of the City of Edina or with the prior-approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Mr. Shaw. Rollcall: - Ayes: Courtney, Schmidt, Shaw and Van Valkenburg Nays: N@ne Resolution adopted. REORGANIZATION OF LOTS 10 and 11, BLOCK 3, EDINA INTERCHANGE APPROVED. .Mr. Luce noted that the proponents are requesting a reorganization of two existing lots in the Edina Industrial Center. larger building than lot 10 can presently accomodate. result in a 3.5 acre lot and a 2.3 acre lot. on the northerly lot and at some future date may build on the lotto the south. The Planning Commission recommended approval of the reorganization as the resulting lots would meet all zoning requirements and create no new buildable lots. In answer to a question from Mr. Courtney, Mr. Luce explained that the proponent plans to build an office/warehouse building. the lots are zoned Planned Industrial Development. following resolution for adoption: RESOLUTION APPROVING LOT DIVISION -NEEREAS, the following descrLbed property is at present a single tract of land: Lots 10 and 11, Block 3, Edina Interchange Center; and WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels!'): The proponents would like to build a The division would The developer intends to build LW. Luce verified that Mr. Courtney offered the Lot 10, Block 3, Edina Interchange Center, Hennepin County, Minnesota, according to the recorded plat thereof; also the Northerly 128.00 feet of Lot 11, said Block 3, as measured at right angles to the.North line of said Lot 11; and That part of Lot'lI, Block 3, Edina Interchange Center, Hennepin Center, - Hennepin County, Minnesota, except the Nartherly 128.00 feet; and WEFJ?EAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edha will create an unnecessary hardship and said Parcel(s) as separate tracts of land do not interfere with the purposes .of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE-, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as ssparate tracts of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance therrof as separate &acts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision khat no further subdivision be made of said Parcels unless made in compliance with the-pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Mrs. Schmidt. - Iiollcall : Ayes: Courtney, Schmidt, Shaw and Van Valkenburg . Nays: None Resoiution adopted. -* INSURANCE CONSULTANT PROPOSAL APPROVED. Mx. Hyde directed the Council's atten- tion to a letter of proposal received from Nz. Fred G. Gedelman, Insurance Consultant. It was-clarified that Mr. Gedelman is not an insurance salesman. The hourly fee for the work was set at $35 per hour with the entire project estimated to require less than one hundred hours, spread over a period of several months. Mr. Courtney motioned that Mr. Gedelman's services be retained to research Edina's insurance needs; Mr. Shaw seconded the motion. All voted aye. Motion carried. LIQUOR STORE MARKETING SURVEY. done comparing Edina's prices with six other liquor stores in the area. Mr. Hyde explained that some research had been It was found that Edina's prices on various items priced were lower than four of the six stores and just sliqhtly higher than the othpx two stores. of this sampling were distributed to the Council. Mr. Hyde said that a meeting was plvlned for Thursday with the advertising consultant and tht in the meantime new advertising will be reduced. He further stated that during the 50th and France construction, the 50th Street store will offer a 4% discount to shoppers. that 3-bottle sales represent approx.unately 38-40% of the sales. said that for the time being they will: comparison in the liquor stores; 2) give a 10% discount on mixed cases; and 3) promote tne 6% discount on 3-bottle purchases. Also, j.n lieu of spending on asvertising, consiiicration is being given to publishing a newsletter to be sent to all Edina residents which would emphasize the liquor stores. Results Analysis of sales at all three stores for two weeks indicated Mr. Hyde 1) publicize the results of the price -. 7/12/76 SPECIAL ASSESSMENT MATTERS SET FOR HEARINGS. Special Assessment bearings be scheduled for July 19, August 16 and Septembcr 20. Mr. Courtney so moved; Mrs. Schmidt seconded. All voted aye. Motion carried. NOTICE OF PUBLIC HEARING ON AMENDMENTS OF RULES OF THE MINNESOTA ENVIRONMENTAL QUALITY COUNCIL RECEIVED. be held August 3 to review amendments of the Rules of the Minnesota Environ- mental Quality Council. the hearing. Mr. Dalen requested that the Mr. Hyde noted that a hearing will Gordon Hughes and Paul Mucke were asked to attend PROPOSED RULES AND REGULATIONS FOR REVIEW OF MATTERS OF METROPOLITAN SIGNIFICANCE. Mr. Luce and Mr. Courtney will attend the hearing on the proposed Rules and Regulations for. Review of Matters of Metropolitan Significance. Mr. Courtney explained what changes were presently being considered. E csc 00 ?h' Fs7 w W LEONARD WATERMAIN EASEMENT AGREEMENT APPROVED. Mr. Dunn explained that in order to make a complete project out of the installation of watermains to serve the Whiteman Addition, the Engineering Department wished to extend it across the Leonard property at 5305 S. Blake Road thus looping the main and eliminating two deadends. In exchange for granting the easement, blr. Leonard requested that in the eventuality there are lots developed on his property that abutt this watermain, they be allowed to hook up to it at no charge. Mr. Dunn felt that this was a reasonable request and recommended that the Council approve the request and direct the Engineering Department ' to seek the easement across Mr. Leonard's property. Mr. Shaw so moved. Mrs. Schmidt seconded the motion. All voted aye. Motion carried. COUNTY ROAD 18/VALLEY VIEW ROAD INTERCHANGE - REPORT he spoke with Mr. Boyd, Chairman of the former County Road 18/Valley View Road Interchange Task Force. by the Council to construct the partial access with the option open to build the connector if it proves necessary is still satisfactory. the closing of Valley View, Mr. Dunn related that Mr. Boyd felt that should be left until the very end of the project. the hearing on this interchange would be held at the next meeting. Mayor asked that the meeting be as widely publicized as possible so that the conflicting ideas of different groups could be considered at one time. Mr. Dunn reported that Mr. Boyd felt that the conclusion reached Concerning Mayor Van Valkenburg noted that ' The T.H. 100 GAP IMPROVEMENT PROJECT. Mr. Dilnn advised the Council that this project would complete the construction of Highway 100 through the City. The project is scheduled for bidding July 30. He indicated a major problem for the City with this project was a recurring one. The relocation cost of utilities located within the right-of-way will be $225,173.84. He recalled that in the past an agreement had been reached with the State that this money be taken from Edina's Municipal State Aid Fund for a portion of the first project and all of the second project. Mr. Dunn asked that the Council request the same funding on this portion of-the project. Courtney, Mr. Hyde stated that thealternativewould be assessments. Mr. Shaw moved that the Council request the State use $225,173.84 from Edina's Municipal State Aid Fund for this project. Mr. Courtney seconded the motion. All voted aye. Motion carried. ARNESON ACRES DEDICATION JULY 15. and informal ceremony July 15, 8:OO p.m. to dedicate the plaque commemorating the gift of property by Morton Arneson. In answer to Mr. Mr. Hyde announced that there would be ASSOCIATION OF METROPOLITAN MUNICIPALITIES - EXECUTIVE DIRECTOR'S ANNUAL REPORT. Mr. Hyde informed the Council that to date the City had received only one copy of the report. received. Discussion will be held when other copies are EDEZI naix Eder retc woul to F not - I PRAIRIE ROAD NAMING SURVEY RESULTS. Mr. Hyde reported that a question- :e had been mailed out to all residents (including apartment dwellers) on 1 Prairie Road. Twenty-nine questionnaires were mailed out and 27 were irned. 22 responses favored retaining the name "Eden Prairie Road", 3 .d like the name chznged to Jones Road and 2 would like the name changed Jhitehall Lane. appeur to be warranted at this time. LW. Hyde suggested that a hearing on the name change did CITY HALL PARKING - PRELIMINARY PROPOSALS. Mr. Hyde discussed the following three preli-minary proposals for City Hall. parking: providing 78 new parking spaces; 2) building garage canted to the line of City Hall (this structure would provide 124 spaces with an area between the garage and City Hal1 available for construction of additional office space when necessary); and 3) constructing a building parallel to the present City IIall (providing for 126 spaces with ?fie possibiii'cy of later constructhg office space above the north half of the deck. 1) paving the back lot w. iiyde stated that the City Hall now zoning requires 140 spaces. After the has 107 parking spaces available but engineers have an opportunity to review r the proposals and the parking needs, the Cozlncil will receive more definite proposal for the parking facilities. l.IILLER PROPERTY ACQUISITION. the preliminary application for the LAWCON Grant for the Miller property acquisition. attorney to negotiate an option. Mr. Dalen noted that Gordon Hughes had written He fmther stated that he would speak with Mrs. Miller and her LAND ACQUISITION ACTIVITIES. aployment of an experienced real estate bwker to negotiate for the City on the remaining parcels in the Parkand Open Space Proposal, to assist in the selling of some lots and to work with the HRA in attempting to put together some type of feasible housing program to satisfy Metropolitan Council and HUD requirements. estate broker for not more than $1800. months on a monthly basis. m. Shaw seconded. All voted aye. Motion carried. RECOGNITION MADE OF FRANK S. DEAN. Frvrk S. Dean from the EdinaPlanning Commission.Mr. Shaw offered the following resolution and moved for its adoption: WHEREAS, FRANK S. DEAN has been a member of the Planning Commission of the City of Edina since his appointment by the City Council on May 7, 1973; and GHEREks, FRANK S. DEAX brought the benefit of his experience and gave of his time, knowledge and talents to perform the various duties and responsibilities of the Planning Commission; and WHEFCEAS, FRANK S. DEAN, by his efforts for the residents of Southwest Edina during the formulation of the Southwest Edina Land Use Plan, by his actions while serving as a member of the Board of Appeals and Adjustments of the City of Edina from June 21, 1971 to May 7, 1973, and by his actions while serving as a member of the Planning ‘Commission, contributed greatly to - the orderly growth and development of the City of Edina and has deservedly held the full respect and regard of his fellow members of the Commission; NOW;THEREFORE, BE IT RESOLVED that the Edica City Council joins with the Edina Planning Commission in expressing sincere appreciation for the most generous cmkrib3tions of FRa!K S. D3AX to the City of Edina Fn his capacity as a member of the Edina Planning Commission; and BE IT FURTHER RESOLVED that an appropriate copy of the resolution be transmitted to FRANIC S. DEAN in recognition of his service on the Edina Planning Commission and the Board of Appeals and Adjustments, and that it be sprezd on the pages of the minutes of the Edina City Council meatizg held July 12, 1976. Motion for adoption of the resolution was seconded by Councilman Courtney. Mr. Hyde requested that the Council approve the Mr. Hyde requested authority to hire a part-time, temporary real The job would span over the next twelve Mr. Courtney moved that the request be approved. Being advised of the resignation of Mr. RESOLUTION OF ,WPRECIATION Rollcall : Ayes: Courtney, Schmidt, Shaw and Van Valkenburg Nays: None Resolution adopted. PLANNING MATTERS SET FOR HEARING ON AUGUST 2;. 1976. Mr. Courtney’s motion setting the following planning matters for hearing on August 16, 1976 was -.. seconded by Mr. Shaw: All voted aye. Motion carried. A. Preliminary Plat Approvals 1. Shzdow Hill (Robert Hanson).- Generally located at the northeast corner of the Crosstown Eighway and County Road 18, adjacent to Lincoln Drive and Vernon ‘Avenue. McCauley Heights 6th Addition - Generally located east of McCauley Trail, South of McCaulsy Lane and north of Margaret’s Lane. Deer Run - Generally 1,ocated west of Olinger Road and north of Olinger Boulevard. 2. 3. B. Rezonings 1. Shadow Hill (Robert E. Hanson) - Generally located aethe northeast ccirner of the Crosstown Highway and County Road 18, adjacent to Lincoln Drive and Vernon Avenue. R-1 Residential District to PRD-3. 2. Grimes House. Part of Lot 15, Erelvin Grimes Subdivision and Lots 8? 9 and 10, Grimes Homestead (4200 W. 44th Street). R-1 Single Family Residence District to R-1 (HPD). 3. Rainbow Management Division. Part of Lots 56 and 58, Auditor’s Sub- division 172 - Generally located at the southwest corner of W. 51st Street and France Avenue. F C. Flood Plain Permit for Lot 1, Block 1, Gleason 3rd Addition ORDINANCE NOS. 1101-A5 and llll-A3-ADOPTED; SECOND READING WAIVED. Mr. Dalen explained that the City is changing to a different data processing system which is geared to bill on Friday, two weeks later search delinquent accounts and issue deilinquent notices a week later. This will require a 21 day, 7/12/76 rather than 14 day peri.od 5cf re delinquent noticcs can be sent. Courtney moved that Ordinance Nos. 1101-A5 anclllll-A3 be adopted as follows and that thc second reading be waived. ORDINANCE NO. llll-A3 Mr. AN ORDINANCE AMENDING ORDINANCE NO. 1111 DELINQUENCY PERIOD FOR WATER SERVICE BILLS TO CHANGE DISCOIINT AND NOTICE OF AND TO CHANGE WATER RESTORATION CHARGE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: are hereby amended to read as follows: Section 1. Subparagraphs (b) and (c) of Sec. 4 of Ordinance No. 1111 "(b) All bills will be payable at the Edina City Hall within 21 days ofsdate rendered and no discount shall be allowed after said 21 days' period has elapsed. "(c) Delinquent notices will be mailed 30 dkys after original bills, and water service will be discontinued to any accounts delinquent 60 days. A charge of $5 will be made and shall be payable before service is restored." Section 2. This crdinance shall be in full force and effect upon its passage and publication. I ORDINANCE NO. AN ORDINAECE AMENDING .. TO ESTABLISH THE DISCOUNT PERIOD . -- WITHIN WHICH TO PAY SEWER FCENTAL CHARGES THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: c' Section 1. Subparagraph (lj) of Sec. 1 of Ordinance No.' 1101 is hereby amended to read as follows: " Ibj 'Terms. The gross rates shall apply unless the bill is paid within the discount period, in which case the net rates shall apply. will be payable to the Edina City Hall within 21 days of the date rendered, and no discount shall be allowed after said 21 days have elapsed. rental charge is not paid within 30 days after the billing date, the City may certify the same to the county auditor of the County of Hennepin, and if certified, the same shall be collected and the collection thereof enforced in the same manner, in all respects as county and state taxes, and they shall be added to such taxes, subject to like penalty, costs and interest charges. The county treasurer of Hennepin County shall, when such sewer rental charges are collected by him, forthwith pay them over to the City Treasurer." All bills If such Section 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Schmidt, Shaw and Van Valkenburg Nays: None - Ordinance adopted. WATER SHORTAGE DISCUSSED. Mr. Hyde r orted that on Sunda Edina's reservoir importance of the odd/even sprinkling schedule. that residents were not observing the restrictions over the weekend and that Lhis wa.s the cause for the water shortage. In answer to the Mayor, Mr. Hyde stated that the ].eve1 was back up MonSay afternoon. and tanks were very low so a spriilklcr fi ban was enforced. Ll"f He stressed the It was Mr. Hyde's feeling I CITY/COUNTY SPACE LEASE. Mr. Hyde reported that a meeting was held with He indicated the diecrepancics between tho County officials concerning the City of Minkpolis' lease of off ice space in the County Office Center. rates the County charge3 Minneapolis and the rake of conuncrcial off ice space in the downtown area was the cost of real estate taxes paid on commercial rental property and that apparently Miiincapo1i.s is paying tho County a fair rental. 7/2.2/"jG 190 . DUTCH ELM DISEASE DISCUSSED. Blr. Hyde stated khat the County had called a meeting to discuss Dutch Elm disease. suburbs have a problem with money and available manpower. Mr. Hyde reported that a number of committees were being established and that he would be serving on the finance committee. In regard to Edina, iQ. Hyde felt that the public is becoming more aware of the ppblem and that the problem seems to be under control with overtime being authorized. by the Edina Jaycees to educate the residents on the subject of Dutch Elm disease. BRAEMAR GOLF COURSE CARPETS Mr. Hyde reported that informal quotes were received from three con?panies on carpeting at the Braemar Clubhouse.' made by Daytons Contract Division and Jordon Floor Covering, Inc. that the Bigelow Mastrey carpeting offered in Daytons' bid would not wear as quickly as &he Echelon carpeting offered by Jordan Floor Covering. Mr. Rosland' noted that Bigelow Mastrey is presently being used in the women's locker Soom at the course and is holding up very well. Mr. Shaw moved that the award go to Dayton''s Contract Division for Bigelow Mastrey carpeting at,$13.25 per yard. Courtney seconded the motion. All voted aye. Motion carried. EDINA SUPERVISORY CONTROL SYSTEM STUDY DISTRIBUTED. Mr. Hyde distributed Copies of the'Edina Supervisory Control System Study to the Council saying that he believed it would be helpful infamiliarizingthem with the extent of Edina's sewer and water operation. received today. It was noted that many of the outlying . There was some discussion of efforts I There were two low bids at $13.25 per yard It was felt . Mr. .- The report from Banister Engineering had just been LETTER OF THANfTs TO MC DONALD'S. is operating a "Litter Getter" throughout the Southdale area collecting litter. Mrs. Schmidt indicated that she had called the manager and commer.ded him on this project and that a letter from the City was in order. that Mr. Hyde have a letter written for the Mayor's signature. RESOLUTION TO COUNTY LIBRARY BOATXD. Library had been ordered closed by the Coimty. utilizes volunteers and the cots of operating the library is minimal. rary senior citizens in the area. tion and moved its adoption: ITHEREAS, the Eforningside Library has for many years served residents of the sur- rounding area zit, a minimal cost with- normal library programs; and WHEREAS, the Morningside Library is served partially by volunteer workers who have giv.en freely of their time so that the library could continue to exist; and WHEREAS, the area served by the Morningside Library generates considera-le tax revenues for the Hennepin County Library System; and WHEPZAS, the 3ennepin County Library Board has determined to close the Morning- side Library, even though the savings will be a minute proportion of the total County Library Budget; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council urges the Hennepin County Library Board to reconsider its decision to close the Morningside Library, to submit a full explanation of any alternate proposals which the Library Board has in mind, and to submit full cost data. - Motion for adoption of the resolution was seconded by Councilman Shaw and carried. Mrs.-Schmidt informed the Council that McDonald's It was suggested e. Mr. Courtney reported that the Morningside He explained that the library has served Morningside for many years and is especially valuable to the This lib- I Councilman Courtney offered the following resolu- RESOLUTIOX MR. Am MBS. SCHMIDT CONGRATULATED. Mr. Shaw congratulated Councilwoman Schmidt and her husband on having won the Minnesota Rose Society's Blue Ribbon and included a Certificate and Bronze Medal from the'Roya1 Rose Society of Great Britain. . I I Purple Rosette for their specimen of the Queen Elizabeth rose. This prize also SALE OF PORTION OF BRAEMAR PARK PROPERTY TO COUNTY - ADDITION TO DEED. Mr. Erickson reported Hennepin County had added two paragraphs to the deed prepared and sent to them regarding the sale of a portion of Braemar Park Property to Hennepin County. road which is to be constructed along the east side of County Road 18. in the deed but would like to add a specific statement that the City retains its right of access to the frontage road which is to be constructed along the east side of County Road 18. tional proviso be added and that the deed be returned to Hennepin County. Mrs. Schmidt seconded the motion. All voted aye. Motion carried. man -Courtney moved that this additional proviso be added and that the deed be returned to Hennepin County. Mrs. Schmidt seconded the motion. A11 voted aye. Motion carried. LIQUOR PbXD BALANCE SHEET ACCEPTED. sheet. The addition conveyed all-rights of access to the frontage . He insicated that Mr. Dunn and Mr. 'Rosland had not objections to inclusion Councilman Courtney moved that thik addi- ' .a .I- - -I- The Mayor accepted the liquor fund balance . -- 7/12/76 CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Courtney for the payment of the following Claims as per Pre-List: Fund, $105,829.45; Park, $4,214.53; Park Construction, $19,753.56; Swimming Pool, $2,312.83; Golf, $20,208.25; Sewer Fund, $2,559.13; Liquor Fund, $137,801.40; Construction Fund, $3,964.54; Total, $326,057.29. General Council's agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Shaw and carried. .