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I
MINUTES OF THE
OF THE EDINA
SPECIAL PlEETING
CITY COUNCIL
HELD AUGUST 23, 1976, 7:30 P.M.
AT EDINA CITY HALL
Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Val-
kenburg.
GORDON SCHUSTER REGISTERED LAND SURVEY GRANTED FINAL APPROVAT,,.
Gordon Schuster Registered Land Surveyxr final . approval, recalling that this
property had formErly been known as the Iiiclian Meadows subdivision.
that this proposal is identified to the preliminary presentation and that questions
raised at that time by residents had been satisfactorily resolved.
that Tracts A, C and E (approximately 15% of the land) had been dedicated Lo the
City of Edina for Storm Sewer purposes and advised Councilman Richards that the
entire tract had been appraised by the Assessor-at approximately $1,000,000. No
objections being heard, Councilman Courtney offered the following resolution and
moved its adoption:
Mr . Luce presented
He clarified
Elr. Luce said
RESOLUTION GRANTING FINAL APPROVAL TO
GORDON SCHGSTER REGISTERED LAND SURVEY
BE IT RESOLVED by the Edina City Council that that certain Registered Land Survey,
presented for approval by Gordon Schuster covering property located South of Dewey
Hill Road, North of W. 78th Street and East of Braemax Golf Course.
Motion for adoption of the resolution was seconded by Councilman Shaw.
Rollcall;
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Resolution adopted.
STUART JOHNSON NOTICE OF CLAIM NOTED.
was filed with the City Clerk relative to an accident of Stuart Johnson which
allegedly occurred during an Edina Park & Recreation Department activity.
matter has been referred to the insurance company and to the City Attorney.
Council was advised‘of Notice of Claim which
The
DKDZXTANCE NO. 811-A79 SECON3 READING CONTINUED TO OCTOBER 2, 1976. As requested -
by Nr. Arnold Langberg, owner of the Grimes property, Councilwoman Schmidt.’s motion
was seconded by Councilman Richards, continuing Second Reading of Ordinance No.
811-A79 to October 2, 1976.
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg *
Nays: None
Motion carried. ...
ElIl4WESOTA HOUSING FIKANCE AGENCY CONTMCT APPROVED. Mr. Luce recalled that Council
had authorized the City Manager to make application to the $tate of Elinnesota for
$30,900 which would be used to redevelop homes which are occupied primarily by the
elderly.
eligible improveinents which he ranked in order of priority as 1) improvements cor-
recting defects or deficiencies affecting health and safety; 2) energy efficiency
improvements; 3) improvements resulting in improved habitability; 4) other perman-
ent improvements.
census data on population, age and income) and that recommendations wculd be made
to Council on September 13 as to the grant recipients.
Councilman Courtney’s motion approving the calendar for the progrzm and the recom-
mended ranking for eligible improvements and authorizing the City Manager to
execute the standard contract with the llinnesota busing Finance Agency was sec-
onded by Councilwoman Schmidt.
He presented a calendar for implementing the program along with a list o€
He advised that the City would receive $28,500 <based on 1970
As recommended by Mr. Luce, .
Ayes: Courtney, Richards, Schmidt, Shax, Van Valkenburg
Nays: None
$10 t ion carried.
CC”LTY HEALTH SERVICES ACT HEARING COP;I1)lJCTED. Council-wiiman Schmidt advised that
this meting had been called specially to provide a public forum so the citizens of
Edina could identify the public health needs of the community in response to the
Cornunity Health Services Act which was passed by the Minnesota State Legislature
fn 1976.
integrated system of community health services under local administration with
a system of state guidelines and standards.
Hennepin County is looking now to the individual cities for their identification
of their health needs and their priority of these needs to enable the County to
xi-ite its preliminary plan. Councilwoman Schmidt introduced Iliss Donna Anderson
of the Hennepin County Office of Planning and Development, Mr. Phil Xiveness, Dir-
ector of the South Hennepin Human Services Council and a member of the ad hoc
task force set up 5y the County to aid in the implementation of the county-w-lde
cornunity health services planning process, Mr. Kenneth Esse who is the City Sani-
tarian and-is servigg on the County Environmental Health Services Task Force,
She advised that the purpose of the act is to develop and maintain an
Councilwoman Schmidt said that
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and Director of Public Safety Robert Buresh% 14r. Thomas Melena advised that
the City is now spending $409 938 annually in the environuienral health field
and that 1977 costs are expected to increase. Hc'recoimended that
matching funds be requested under the act to pay subsidy funas for the cost
of the Health Department, for six Fire Department Inspectors, for the Envir-
onmental. Planner, for two laborers in the Water Department and for one laborer
in the Sewer Department, as well as a portion of the cost of the Building
Department.
City in 1.977 at $435,709.
the Community Health Services Act, and described the process that Hennepin
County is using to implement the act as well as the health problems that have
been identified by the task forces.
would include community nursing services, home health services, disease prevention
and control, emergency medical service, mtrition education, dental health
education, family planning and environmental health services provided by the City
Sanitarian which include restaurant inspections, water testing, rodent problems,
junk cars and garbage problems.
Courtney, Iliss Anderson said that the funds come from the State of Minnesota and
that the State Health Department sets out the rules and procedures for governing
the act.. She said that, in order to benefit from the Act, the City could either
join forces with neighboring municipalities or cooperate with Hennepin County
by having members of the City task forces serve on County committees.
Anderson said that Edina probably would have to spend more money to take advantage
of the subsidy fund, inasmuch as the State does not allow expenditures relative
to environmental health that deal with the Fire and Building Department programs.
She agreed to furnish specific figures to the Council which show what Hennepin
County will receive for each municipality, and explained that the minimum alloca-
tion per capita will be $1.75 and the maximum allocation will be $2.75 per capita.
Miss Anderson said that the County should have legal opinions on the issues so
that they know how to allocate the funds most equitably within two or three
weeks.
advisory committee to advise them on the development of the plan which would
include making the final recommendations on allocations of resources and to advise
the County Board of the County/Ffunicipality relationships, along with a task
force on health problems and a coordinating task force.
Hennepiii Human Services, distributed questionnaires to be filled out by the Council
and the audience which would indicate the personal health problems and the envir-
onmental problems which cause the most concern in the City. Mr. William Dresser,
6617 Dakota Trail, was told byMiss Anderson that some of the funds could be used
on a Hennepin County-wide base and not have to go to a specific community or to
specific groups in a community. She explained that the County will have to make
this determination. Mrs. Pam Keating, 6901 Dawson Lane, expressed concern that
there is an overlap between South Hennepin County Human Services and the funding
that the school system receives as to learning disabilities.
4425 Rutledge Ave., was told that education programs, rather than treatment,
would be eligible under the act.
school nursing program is being cut back. In response to a question of Council-
man Richards, Miss Anderson said that the Act was adopted because of the deficiency
of public health services in rurai areas, particularly in Northern Minnesota and
also in an effort to eliminate duplication of services. Council questioned why
the City would not receive benefits under the bill in proportion to the tax
dollars that the City contributes. Concerns were expressed that this bill is a
step to have the County usurp the City's authority in the health field.
was assured by Miss Andersor, that a municipality would not he taxed twice for a
service which it provides, however, Councilwoman Schmidt pointed out that if
Edina's levy d.oes not come up to the amount levied by the County, the difference
would be levied against the City, even though it is providing these services if
the County sets up a County Board of Health.
Ms. Anderson listed the various programs funded by the County but emphasized that
the bulk of the County health program is through the Medical Center and that the
budget was $44,000,000 last year.
Board of Health and submits a plan to Hennepin County, the City could determine its
own priority as to how to spend any subsidy funds for which it may qualify.
Anderson told Mr. Hyde that it is hoped that the plan will be approved by the
various municipalities and by the County Eoard by December, 1976. l4r. Hyde
emphasized that the need for expanded services has never been demonstrated and
asked why there was a need to spend more money. Miss Anderson said that they
would do the best they could to provide a defensible rational for the identifica-
tion of needs but that she could not assure that the matter of "need" will be 0
identified. Mr. Riveness urged that the questionnaires be completed and promised
that the City will receive a summary of the comments made and the priority of .
needs recorded. After considerable discussion, the Council requested Councilwoman
Schmidt and Mr. Melena to convey the concensus of the Council as to Edina's needs
Mr. Melena gave the estimated cost of health related costs for the
Miss Donna Anderson explained the key features of
She explained that eligible health services
In response to a question from Councilman
Miss
She explained that the County Board of Commissioners has created an interim
1
Miss Kitty Tiech, South I .
Mrs. Mary Anderson,
Mrs. Meredith Hart expressed concern that the
Council
In response to a question of Mr. Hyde,
She explained that if the City has a local
Miss
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and priorities of need as to Environmental IIcalth, Emergency Ncdfcal and Suburban
Health Nurses to the Board of South Henncpin Human Services for their subnrittal
to the County as a South Hennepin Health Needs Plan, which also includes Eden
-Prairie, Bloomington and Klchfield.
T.H. 100 AGENCY IWD RELOCATION AGREEMENT NO. 58177 PROTEST SUBMITTED TO SCREENING
CO$DIITTEE. Mr. Hydc advised Council that he and Mr. Dunn had been unsuccessful in
their efforts to pursuade Mr. Frank Marzitelli that the City of Edina should be
permitted to use its Municipal State Aid Funds to pay utility relocation costs for
T.H. 100. Following discussion, Councilnian Courtney offered the follo~?ing resolu-
tion and moved its adoption:
WIiEREAS, the Minnesota Departinent of Highwayshas requested that the City of Edina
enter into Agency and Relocation Agreement No. 58177 to provide for payment by
the City of Edina to the State, the cost (estimated to be $225,173.84) of relocat-
ing the City's utilities to be performed by the State, under contract, wishin the
corporate City limits in accordance with State-plans, specifications and special
provisions designated as State Project No. 2733-61 (T.H. 100=133); and
WHEREAS, in 1959 at a public hearing on State plans for the improvement of High-
~7ay 100 conducted by Frank Marzitelli, then Deputy Commissioner of Highways, the
then Village of Edina was advised by the then District Engineer that utility
relocation costs would be paid by the Highway Department; and
TTdEREAS, the City of Edina has for more than three years in connection with two
other T.H. 100 projects in the City been contending that, because the Metropolitan
Council, in connection with its reviewal of plans for upgrading Highway 100 .
which had been worked out harmoniously between the City and the Highway Depart-
ment, said that "Highway 100 is no longer a local street -- it is of metropolitan
concern"...these costs should not be paid for by local sources; and
WHEREAS, efforts of the City of Edina in 1973 to obtain legislation to require
payment of these costs by the State as a regular part of the project construction
costs were dropped after 2n Assistant Commissioner of the Highway Department
indicated that the costs if not paid would be deducted from the City State Aid
Account; and
SmREAS, this proposed method of payment seemed to the City to be a reasonable
compromise in order to accomplish a highway project of metropolitan significance
without expenditure of local utility or general fund money; and
WHEREAS, an order was issued on February 5, 1976, by France D. Marzitalli, Coimnis-
stoner of HIfghways, to Gordon M. Fay, State Aid Engineer, calling for the "impomd-
ment and traasfer" of $220,944.69 from the Edina State Aid Account to'the Trunk
liighway Fund tci satisfy unpaid obligations of the two previous projects; and
TG2EREAS, this action appears to the City of Edina to have established a precedent
for the use of Municipal State Aid Funds for these purposes; and
WZEREAS, a request by the City of Edina on July 12, 1976, to use its Municipal
State Aid Fmds to pay the relocation costs on State Project 80. 2733-61 resulted
in an August 4, 1976, letter from the Municipal State Aid Screening Committee to
Coinmissioner Marzitelli indicating that the Screening Committee considers this to be
"an improper use of Minnesota State Aid funds"; and
ITHEREAS, minutes of previous meetings of the Screening Cornittee do not appear to
indicate such a firm position regarding this matter; and
GZEREAS, Commissioner Ehrzitelli indicated at a meeting in his office on August 20,
1976, that historically recommendations concerning the State Aid System had come to
the Eighway Comrnissioner from the Screening Committee and lie is desirous of such a
recommendation in this matter;
NOW, THEREFORE, BE IT RESOLVED that the City of Edina request the Eunicipal State
Aid Screening Comnittee to meet-and again consider and recoinmend to the Highway
Commissioner concerning the use b.3 a municipality of its Municipal State Aid
Funds to pay utility relocation costs when a state highway of metropolitan signifi-
gance is being reconstructed to freeway standards within the limits of that muni-
cipality; and
BE IT FURTHER RESOLVE3 that this meeting, special or regular, be held as soon as
possible to avoid unnecessary delay in.the progress of State Project No. 2733-61.
Xotion for adoption of the resolution was seconded by Councilmay Richards.
RESOLUTION
.
Rollcall :
Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg
Nays: None
Resolution adopted. t
POLICE DEPARTMENT APPLICATION FOR FUNDS APPROVED. As recommended by Mr. Hyde,
Councilman Shaw offered the following resolution and moved its adoption:
BE IT RESOLVEU that the Edina City Council hereby appoints Bert Mcrfeld, Chief of
Police for the City of Edina, as the duly constituted agent for the City of Edina
for the purpose of making application for reimbursement funds to defray the cost
of salaries, expenses and substitute espenses during the basic training of Peace
RESOLUTION -
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Officers of the City of Edina who have att:endcd a certified training course approvcd
by tlic Minnesota Peace Officers Training Board,
Motion Eor adopcion of the resolution was seconded by Councilwoman Schmidt.
Rollcall :
Ryes: Courtney, Richards, Schmidt, Shaw, Van Valkeriburg
Nays: None
Resolution adopted.
0
3976 BUDGET APPROPRIATION TRANSFER APPROVED, As recommended by Mr. Dalen, Council-
man Shaw offered the following resolution and moved its adoption:
BE IT RESOLVED that the Edina'City Council does hereby approve the following 1976
Gudget transfers:
RESOLUTION
PERSONAL SERVICES
ADJUS'JXENT
PUBLIC WORKS
Paid leave
Street Maintenance:
General maintenance
Street cleaning
S tree t r enova ti o n
Snow and ice removal
S tom sewer maintenance
Tree main te nance
Lakes and ponds maintenance
Items not requiring adjustment
Storm drainage:
Village properties :
REQUIRED BUDGE'E D REVISED
$ 55,500 $ 57,500 $ 2,000
96,540
35,940
29,280
54,180
32,280
30,420
10,380
88,818
100,292
36,940
30,280
56,180
33,780
31,920
10,880
88,818
3,752
1,000
1,000
2,000
1,500
1,500
500 - 0-
$433 338 $446,590 $ 13,252
PAlX MAINTENANCE
liaintenance :
Mowing $ 23,100 $ 25,100 , $ 2,000
Special turf care 31,000 33,000 2 2 000
Building and equipment maintenance 32 000 34,000 , 2,000
Items not requiring adjustments 126,500 126: SO0 - 0-
Skating rink maintenance 45,310 47,934 2,624
$ 8,624- - $257,910 $266,534
TRANSFER=
GENERAL FUND-PUBLIC Warns $ 13,252
x.
PARK- MkI NTENANCE 8,624 -
. TRANSFER FF.OM
--_I_- CONTINGENCIES
$ 21,876
$ 21,876
_I
Motion for adoption of the resalutioa w~s seconded by Councilman Rtchards.
Rollcall :
Ayes:
Nays: None
Resolution adopted.
Courtney, Richards, Schmidt, Shaw, Van Valkenljurg
GENERAL REVENUE SHARING ACTUAL USE REPORT FILED.
ing the General Revenue Sharing Actual Use Report for filing and publication in
the Edina Sun was seconded by Councilwoman Schmidt.
Councilman Shaw's motion accept-
Ayes: Courrney, Richards, Schmidt, Sliaw, VarL Valkenburg
Nays: None
Motion carried.
PLEDGE AGREEMENT APPROVED FOR FIRST EDINA NATIONAL BANK.
DaLen, Councilman Richards offered the following resolution and moved its adoption:
BE IT RESOLVED that the City Council of the City of Edina, Minnesota, approve the
following Pledge Agreements for the First Edina National Bank:
As recommended by Mr.
MSOLUTION
RATE DUE PAR VAJ,ITE
Ha.rf ord Co . , Maryland Co. Commissioners 6.20% 9 /in7 $150,000.00
Public School Bond of 1970
ment Bond
City of MancReSter, NIi, Public Improve- 5.20% 12/1/85 150,000.00
State of T)el.aware, Capital Improvement Bd. G.'OO% 3/1/81. 200,000.00
Board of Western Lake Superior Sanitation 4.00% 12/1/76 500,000,OO
Anti i cip ii t ion No t e
5/23/76
Motion for. adoption of the resolution was seconded by Councilman Shaw.
Rollcall :
Ayes : Courtney, Richards, Schmidt , Shw , Van Valkenburg
Nays: None *
Resolution adopted.
DANENS PROPERTY ACQUISITION TO BE DISCUSSED AT NEIGHBORHOOD FEETING. Mr. Hyde
advised Council that he proposes to bring up the matter of the possible acquisi-
tion of the Danens property at a meeting of the Brookview Heights Neighborhood
Associat'ion. No actfon vas taken.
D D'clTCH ELEl DISEASE DISCUSSED. Mr. Hyde advised Council that Mr. Rosland had '
attended a meeting at the First: National Bank which was attended by many munici-
palities who are striving to control Dutch Elm Disease.
HORNINGSIDE WATER HOOK-UP TO MEWEAPOLIS WATER SYSTEM DISCUSSED.
Council that letters have been sent to officers of the Morningside Neighborhood
Association telling thein that the delay in the Blorningside area hook-up to the
Kinneapolis water system has beeneaused because Xinneapolis is not yet ready.
Edina will continue to press to complete the hook-up as soon as possible.
Mix. Hyde adviser!
KRAHL HILL CONDENNATION DISCUSSED.
has called Hr. Crane Bodine to advise him of the price of the. condemnation sward.
EIr . Hyde advised Council that Nr . Erickson
Nr. Hyde will also call Bk. Bodine to reiterate the information conveyed by Mr.
Erickson. No action was taken.
80 further business appearizlg, Councilman Richards ' motion for adjournment was
seconded by Councilwoman Schmidt and carried. Adjournment at 9:55 p.m.
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