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HomeMy WebLinkAbout19770321_regular,- MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 21, 1977 7:OO P.M. Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. -. . .. MINUTES of February 7 and 12, 1977, were approved.as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt; Shaw, Van Valkenburg Nays: None Motion carried. EDINA HIGH SCHOOL HOCKEY TEAMS CONGRATULATED. following resolutions and moved their adoption: Councilman Courtney offered the RESOLUTION OF CONGRATULATIONS TO EDINA EAST HIGH SCHOOL HOCKE" TEAM WHEREAS, Edina's long-standing super3ority in youth hockey was maintained during the 1976-77 season by the efforts of the Edina East High School Hockey Team which lost only one out of twenty-three regular season games this past year and qualified to play in the Minnesota State High School Hockey Tournament where.they again performed most creditably; and WHZREAS, as a result of the team!s exceptional record in regular season play, Edina East was unanimously rated as No. 1 in high school hockey in the State of Minne- sota, winning the Lake Conference Red Division and the Minnesota State High School League Section 6 Championship; and WHEREAS, as representatives of the City of Edina, the members of the team continued to exemplify the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; and WHEREAS, Head Coach Willard Ikola and Assistant Coach Ed Zins again were primarily responsible, because of their dedication 2nd unselfishness, for providing the leadership; and WHEREAS, Edina East's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina youth hockey program; NOW, THEREFORE, BE IT RESOLVZD BY THE EDINA CITY COUNCIL, on behalf of the Citi- zens of Edina, that all members of the Edina East High School Hockey Team be publicly thanked and commended for their outstanding accomplishments; and BE 3T FURTHER RESOLVED that appropriate copies of this resolution be presented to the members of the Edina East Hockey Team: Paul Gagnon, Mike Lauen, Mark Gagnon, Scott Hampson, Me1 Pearson, Steve Pepper, Captain Gordy Hampson, Bret Bjerken, John Donnelly, Chip Smith, Tom Kelly, John Anderson, Dave Terwilliger, Steve Ikola, Scott Johnson, Steve Ramler, Student Managers Hugh Meeker and Fred Field, Assistant Coach Ed Zins, Coach Willard Ikola, Athletic Coordinator Bud Bj erken and Principal Rolland J. Ring. m . m P- a a U . I Steve Carroll, Bill Peterson, RESOLUTION OF CONGRATUUTIONS TO EDINA WEST HIGH SCHOOL HOCKEY TEAM WHEREAS, Edina's long-standing superiority in youth hockey was maintained during the 1976-77 season by the Edina West High School Hockey Team which tied with Bloomington Jefferson for the championship of the Blue Division of the Lake Con- ference, with a record of fourteen wins and three losses; and WHEREAS, the Edina West Hockey Team was the runner-up to the Edina East Hockey Team in Section 6 of the Minnesotz State High School Tournament; and WHEREAS, four members of the Edina West Hockey Team were named to the Lake Confer- ence All-Conference Hockey Team; and WHEREAS, as representatives of the City of Edina, the members of the team con- tinued to exemplify the highest standards of gentlemanly conduct, athletic 'pro- ficiency and good sportsmanship; and WHEREAS, Head Coach Bart Larson and Assistant Coach Bill Beste again were primarily responsible because of their dedication and unselfishness, for providing the leadership; and . WHEREAS, Edina West's success in hockey is due in large part to the untiring efforts of many parents who participate in the comprehensive Edina youth hockey program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, on behalf of;' the citizens of Edina, that all members of the Edina West High School Hockey team be publicly commended and thanked for their outstanding accomplishments; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to I . 3/21/77 110 the members of the Edina Uest Hockey Team: Jeff Ridley, Joel Levine, John Sackrison, Alternate Captain Dave Robbins, Alternate Captain Tim Smith, Captain Hitch Milichar, Mike Tierney, Butch Leslie, Brian Naas, Alternate Captain Steve Fisher, Greg Rau, Grcgg Moore, Bob Donahue, Jeff Bolin, Assistant Coach Bill Beste, Coach Bart Larson, Athletic Coordinator Sarah Lykken and Principal James L. Cabalka. ' Motion for adoption of the resolutions was seconded by Councilman Shaw and unani- mously carried. Jon Benson, Jim Schell, Bill Kerker, . CITY MANAGER TO ATTEND 1977 NATIONAL COLLEGIATE ATHLETIC ASSOCIATION HOCKEY CHAMPIONSHIP TOURNAHEXT. . Councilman Richards offered the following resolution and. moved its adoption: WHEREAS, the City of Edina, the Edina Board of Education and the Edina Hockey. Association have cooperated closely for more than twenty years in developing and I- RESOLUTION -. - maintaining an ice hockey program for the benefit of the youth of the City; and WHEREAS, many of the teams representing various age groups have won many state and national championships, with the Edina H2gh School having won the state championship three of the fourteen times ft has partrcipated in the state tourna- ment; and WHEREAS, in addition to developing hundreds of players of great skill and pro- ficiency, the Edina hockey program, because of the leadership and training in establishing and maintaining high standards of good sportsmanship and conduct in the Youth in Edina; and TJBEREAS, Many players developed in the Edin? program have played with great suc- cess for colleges and universities throughout the United States; and WHEREAS, three recent graduates of the program and of the Edina schools . have played prominent roles in their present teams reaching the semi-finals of the National Collegiate Athletic Association Hockey Championship to be played at Detroit, Michigan, March 24 and 25, 1977; and WHEREAS, it is fitting and proper that the City of Edina have an official re- presentative at the NCAA tournament to extend to Craig Norwich, of the Univer- sity of Wisconsin, and to William Thayer and Frank Zimmerman of the University of Michigan, best wishes for continued success, and sincere congratulations on behalf of the entire community for representhg Edina so well; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Edina, that Warren C. Hyde, City Manager, be directed to attend the 1977 NCAA Tournaxent, without incurring arzy costs to the City, and to personally extend to Craig Norwich, William Thayer and Frank Zimmerman the thoughts expressed in this resolution and to present appropriate copies of it to them. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and unanimously carried. ' WATERWIN IMPROVEMENT NO. ~~-319B AUTHORIZED. Affidavits of Publication were pre- sented by Clerk, approved as to form and ordered placed on file. Due notice hav- ing been given. public hearing was conducted and action taken as hereinafter set forth. . CONSTRUCTION OF WATERMAIN IMPROVEMENT EO. P-Iflf-319B IN THE FOLLOWING; Oxford Ave. from Interlachen Blvd. to Hollywood Road3 Hollywood Road from Oxford Ave. to Rutledge Ave.; Vandervork Ave. from Interlachen Blvd. to Hollywood Road Mr. Hyde recalled that this improvement had been turned down -by the City Council at a hearing on January 17, 1977, but that since that tine, indications have been'received by petition and letter from sixteen of the twenty-eight affected properties that they favor the installation, and for that reason a new hearing is being conducted. $53,645.00, proposed to be assessed at an estimated cost of $1,915.89 per con- nection. 5221 Hollywood Road, urging the construction of the impovement, Mr. R. E. Sundblad, 5332 Hollywood Road, and a petition signed bv eight resi- dents cn Hollywood Road in opposition to the watemzin. improvement were Xr. Leo Gregory, 4821 Vandervork Ave. , who said that he-repre-. sented eight Vandervork residents, and Messrs. Allen E. Hassinger, 5241 Holly--'- "-I' wood Road, Joseph Kaplan, 5221 Hollywood Road, and N. F. Hawley, 5233 Hollywood Road. Opposing the improvement were Messrs. Robert Black, 5232 Hollywood Road, Alfred R. Larkin, 521;7 Hollywood Road and Wm. aDornback, 5220 Hollywood Road. Objecting to being assessed for the improvement because they are already -hooked up to City water were Mrs. Harold Locku, 5238 Hollywood Road, and Mr. L. J. Moriarity, 5305 Hollywood Road. Mrs. George Tate, 4187 Vandemork Ave., was told that the cost for each connection'would be increased if some properties would be eliminated from the project. was told by Mr. Dunn that this watermain would have a.loop and would not be a dead end. Mr. Larry Erickson. 5300 Hollywood Road, suggested that money could He presented estimated construction cost of the improvement at &.yor Van Valkenburg referred to a-letter from Mr. and Mrs. Joel Kaplan, .. a letter from Speaking in favor of the . -0;. . Mrs. Robert O'Connell, 5224 Hollywood Rd., . 3/21/77 1 111 \ .. ... be saved by running the watermain from Vandervork Ave., rather than going down Hollywood Road. In response to objections of Nrs. Harold Locklu, 5238 Holly- wood Road, and Mr. L. J. Moriarity, 5305 Hollywood Road, that they should not be assessed for the improvement, Mr. Dunn exp1ained:that at the time residents hook up to watermains which are not specifically designed to serve them, they pay a consumer deposit to hook up to that improvement, which deposit is to be applied as a credit against their The Mayor explained that the purpose of this hearing is to determine the necessity for the improve- ment and that the assessment would be determined at the Assessment Hearing. Mr. Hyde advised that there is no need for concern about the supply of City Water because of the depth of Edina's wells. woman Schmidt offered the following resolution and moved its adoption: BE IT RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following improve.-. ment : share of any future improvement. Following lengthy discussion, Council- RESOLUTION ORDERING WATERMAIN IMPROVEMENT NO. WM-319B I CONSTRUCTION OF WATERMAIN IMPROVEMENT NO. WM-319B IN THE FOLLOWING: Oxford Ave. from Interlachen Blvd. to Hollywood Road; Hollywood Road from Oxford Ave. to Rutledge Ave.; Vandervork Ave. from.Interlachen Blvd. to Hollywood Road; rn and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinent facts does hereby determine to proceed with the con- struction of said improvement, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvement; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as WATER- MAIN IMPROVEMENT NO. WM-319B; and the area proposed to be assessed therefore shall include Lots 1 thru 6, Block 1; Lots 1, 2 and 3, Block 2, Lots 1 and 2, Block 3; Lots 1 thru 7, inclusive, and parts of Lots 8 and 9, Block 4; and Lots 1 thru 4, inclusive, and parts of Lots 5 and 6, Beverly Hills; Lot 1, Block 1, Beverly Hills 2nd Addition, and Lots 1 thru 9, inclusive, Limback Addition. Motion for adoption of the resolution was seconded by Councilman Courtney with the observation that in the future if anyone outside the assessment district connects to an improvement that a recordable document should be signed to indicate the conditions under which such a connection is made. m b a a U Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None *. Resolution adopted. .: I LOTS 1, 2 AND 3, BLOCK 1, NINE MILE NORTH 2KD ADDITION GRANTED R-2 ZONING, FLOOD PLAIN PERMIT AND LOT DIVISION. Affidavits of publication were presented by Clerk, approved as to form and ordered placed on file. of Prestige Investments, Inc. for rezoning of Lots 1, 2 and 3, Block 1, Nine Mile North 2nd Addition from R-1 Residential District to R-2 Multiple Residential District, for approval of a Flood Plain Permit and for division of-the three lots into two lots as recommended by the Planning Commission. request for property located at 6800, 6804 and 6808 Dovre Drive is similar to the action approved by Council for.property on the North side of Dovre Drive and recommended approval of all requests for the following reasons: 1) The proposal for the flood plain permit conforms with standards contained in Ordinance No. 815 and is in conformance with the Nine Mile Creek Watershed Dist- rict's policies and regulations; 2) The proposal for the rezoning are of adequate size to accommodate R-2 zoning and such zoning is a logical transition between industrial uses to the West and single family uses to the East. Approval would be conditioned on the following: 1) All disturbed areas must be adequately revegetated within three months after. commencement of construction; and 2) Haybale dikes or suitable temporary erosion control measures must be imple- mented along the West and North fill limits to prevent sediment from entering Nine Mile Creek. The petitioner and contract purchaser of the land involved, Mr. Gilbert Feig urged the approval of all requests. offered the following resolutions and moved their adoption, subject to conditions recommended by Mr. Luce as to revegitation and erosion controlmeasures: RESOLUTION APPROVING FLOOD PLAIN PERMIT Mr. Luce presented the petition He explained that the No opposition being heard, Councilman Courtney FOR LOTS 1, 2 AND 3, BLOCK 1, NINE MILE.NORTH 2ND ADDITION BE IT RESOCVED that the Edina City Council does hereby grant a Flood Plain Permit for Lots 1, 2 and 3, Block 1, Nine Mile North 2nd. Addition. Motion for adoption of the resolution was seconded by Councilman Shaw. i 3/21/77 .. .. .. .. . ,- Rollcall : Nays: None Resolution adopted. Ayes:. Courtney, Richards, Schmidt, Shaw, Van Valkenburg .* RESOLUTION WHEREAS, the following described tracts of land are now separate parcels: WHEREAS, the owner has requested the subdivision of said tracts of land into the following described new and separate parcels (herein called "Parcels") : Lots 1, 2 and 3, Block 1, Nine Mile North 2nd Addition; and Lot 1, Block 1, Nine Mile North 2nd Addition and the Westerly 55 feet of Lot 2, Block 1 Nine Mile North 2nd Addition; and Lot 3, Block 1, Nine Mile North 2nd Addition and Lot 2, Nine Mile North 2nd Addition, except the Westerly 55 feet thereof; and WHEREAS, 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 purposes of the sub- division and Zoning Rkgulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, IT IS HEREBY RESOLVED by the Edina City Council that the conveyance and ownership of said Parcels as separate 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 thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that 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 Councilman Shaw, Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilman Courtnsy thereupon offered Ordinance No. 811~A91 for First Reading as follows : ORDINANCE NO. 811-A91 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COTJXCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition of 'Lots I, 2 and 3, Block 1, Nine Mile North 2nd Addition, which is in Sub- District R-2". Sec. 2. publication. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto: the following properties: This Ordinance shall be in full force and effect upon its passage and INTERLACHEN HILLS 3RD ADDITION ZONING AND PRELIMINARY PLAT APPROVAL CONTINUED TO APRIL 4, 1977. and ordered placed on file. located East of Lincoln Drive and West of Malibu Drive extended, for preliminary plat approval and rezoning of portions of the property from R-4 Multiple Resi- dence District to R-2 Multiple Residence District, with Lots 1 thru 13 and Lots 26 thru 34 proposed to be rezoned to'R-1 Single Family Residential District. The resulting plat would be comprised of 22 single family lots, eighteen R-2 lots, and Lots 41 and 42 would be zoned R-4 for apartments. There would also be two outlots. Hr.. Luce said that the developer would like to dedicate Outlot A (which represents 5-5 percent of the total area of the plat) to the City and retain Outlot B. Mr. ). Luce advised that this plat is adjacent to Nine Mile Creek in the extreme South- west corner of the plat, and that nearly all of Outlots A and B and a portion of Lots 41 and 42 are in the flood plain, as are portions of Lincoln Prive. noted that the Nine Mile Creek Watershed District allows up to a 20 percent encroachment into the flood plain on any tract of land and said that it is apparent that Outlot B cannot be filled without exceeding the520 percent en- croachment rule. from the North end of Lincoln Drive, which is an established road, and from the Affidavits of Notice were presented by Clerk, approved as to form Mr. Luce presented Interlachen Hills 3rd Addition, - I . He Mr. Luce pointed out that the proposed plat requires access .. .. . - . -* ::Par@ood~Kzlolls area which has not been platted. Access from the South would be an extension-of Mal-ibu Drive through an outlot set aside for that purpose in the EZina Green plat. Mr. Luce said that the staff, the Environmental Quality Commis- sion and the Planning Commission have recommended approval of the zoning and the I. . :. - . -. ..- . - -.- - : .- ,I * ., .. .. 3/ 21/ 77 113 development subject to the following modifications: 1) be built upon until the access is provided. 2) Lots 7 and 8 for utility purposes; 3) egress only onto that road; and to the following conditions: 4) is reasonable tect the flood plain, and the necessity to protect the flood plain to the maximum degree; 5) Plain Permit from the City of Edina be obtained prior to any work in the flood plain; 6) That the Lincoln DrivefMalibu Drive Road Plan be reviewed to determine whether that plan is the optimal road plan for the area or whether Lincoln Drive should be a continuous road. In response to questions of Mr. Charles Ego, 5408 Malibu Drive, who spoke for the Malibu Heights-Parkwood Knolls residents, Mr. Luce explained that noise attenuation devices would be unnecessary because of the elevation of Countiy Road 18 and because the highway right-of-way will be at least 330 feet from the lots in the proposed plat. He also advised that it is anticipated that Malibu Drive will be extended to the North so as to provide access to the area from the Northwest. Mr. Luce added that plans for the Hansen property to the North have been held up pending settlement of the Grandview Cemetery case. Hoffman, attorney representing Mr. Wallace Kenneth, the developer, said that his cl-ient would concur with the modifications and conditions listed by Mr. Luce, except for the dedication of Outlot B. He said that he believes that dedication of 59% of his land is more than his "fair share". Mr. Hoffman recalled that this property was rezoned to R-4 Multiple Residential District in 1964 and that the valuation placed on the land by the Assessor has not seemed to inaicate open space use. 1) protection from flooding, both public'and private properties and improvements; 2) scenic beauty; 3) wildlife habitat; 4) other desirable and necessary functions of the flood plain; and 5) the acquisition of Outlot B by compensation would encourage others along Nine Mile Creek to seek the same type of redress.- Mr. Hoffman referred to the 1961 Plan for the Nine Mile Creek Watershed District which indicated that much of the property within the flood plain would be reclaimed for development, and added that the 1973 Plan states that the flood plain will be subject to modification. He referred also to the change in the - use of Mud Lake. Mr. Hoffman called attention to the fact that in the City's Flood Plain Ordinance, a flood plain land is described as being below a certain flood zone profile and subject to flooding and said that the City should be able to show that both of these conditions are present if there is going to be either restrictions or requirements for dedication of Outlot B. quoted .from the Nine Mile Creek Flood Plain 1961 Overall Plan which suggested that there should be a limitation on encroachment to 20% and that much of the -'- land in the flood plain may be reclaimed after certain flood basins are constructed. date and should be able to develop his property in relfance on the plan. Hoffman a150 recalled that the 1961 Over-All Plan was terininated in 1973 and a new plan adopted at that time which recommended that the encroachment be limited to 20% of the parcel being considered for development, that Mr. Kenneth is not at this time asking for a building permit, a special permit under the Flood Plain Ordinance, a Grading Permit, or permission to build an obstruction, and is, therefore, requesting that the requirement for dedication of the outlot be deleted from the condition of the platting. Mr. Harvey Hansen, developer of Parkwood Knolls, expressed his concern about a double cul-de-sac. He also questioned why the City would want Outlot A as a park unless they also wanted Outlot By and suggested that one large park be developed to the North. Councilman Richards'suggested the entire matter be referred back to the Planning Commission and other advisory commissions and boards of the City and the City staff for further review and study to-obtain additional facts, including the possibility of zoning the property under a Planned District. Following lengthy discussion, Mr. Kenneth said that he would agree to dedicate Outlot B to the City if that was necessary to obtain the plat and zoning approval. Councilman Richards then moved that the Council recommend approval of the plat, granting the rezoning and axthorizing the issuance of the Flood Plain Permit (with the understanding that no plat,' zoning or permit approval is being given or granted at this time), and that the City staff, in cooperation with Mr. Hoff- man, prepare the necessary findings and reasons, based upon the agreement of Mr. Kenneth to dedicate Outlots A and B to the City, and, based on those matters That Lots 1-13 be identified as an outlot or excepted That when Lots 1-13 are platted, a 20 foot easement be dedicated between That when Lots 1-13 are platted, they face the North cul-de-sac road, with Erom the plat and not That the developer be required to dedicate Outlots A and B, which dedication considering the flood plain elevation, the amount of fill to pro- That a Grading Permit from Nine Mile Creek Watershed District and a Flood Mr, Robert He listed his understanding for the dedication of Outlot B as Mr. Hoffman Ee added that Mr. Kenneth had acquired this property after that Mr. Mr. Hoffman pointed out - .* 3 f 21/77 114. . ;- . set out in the report from the Planning Commission, from the Environmental Quality Commission, from the Planning staff, and from information brought before the Council ai: this meeting and such other information as may be appropriate, and that the find- ings and reasons be presented to the Council on April 4, 1977, €or review and pos- sible approval, and, if approved by the Council, and if Mr. Kenneth then has ful- filled the ordinance requirements for final plat approval, including the execution of the required subdivision agreement and the dedication of Outlots A and B to the City, that the Council then give First and Second Readings for the rezoning, pre- liminary and final plat approval and authorize the issuance of the Flood Plain Per- mit. Motion was seconded by Councilman Courtney. 1 i 'I - . I Ayes: .Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 811-A92 GRANTED FIRST READING;-OUTLOT A, MC CAULEY HEIGHTS 4TH ADDI- TION DECLARED BUILDABLE. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file.- lfr. Luce presented the petition of Mr. John J. McCauley for rezoning of Outlot A and Lots I, Block 1, McCauley Heights from R-1 Residential District to R-2 Multiple Residential District and for declaration of . Outlot A as a buildable lot as recommended by the Planning Commission. that this property which is located North of McCauley Lane, South of McCauley . Circle and East of McCauley Trail is immediately adjacent to lots wSch have already been zoned R-2. he had been given incorrect intormation over the telephone in regard to a possible zoning change in the area. a minimum size of 15.000 square feet.' Mayor Van Valkenburg Suggested that Mri Anderson meet Gith Mr. Liuce.to discuss whkh way the builaings will face. Mr. John McCauley, 6416 T?lcCauley-Circle, said that.-it'kill be difficult to tell the differ- ence betdeen the proposed double bungalows and single family dwellings. Mr. Brian Gensmer who wishes to purchase the lots said that they are only good for double bungalows. lowing resolution-and Ordinance No. 811-A92 for First'Reading'based on the-follow- 5ng reasons: I) 2) for transitional land uses; 3) BE IT RESOLVED that the Edina City Council does hereby declare Outlot A, McCauley Heights'4th Addition, a buildable lot. Motion 'for adoption of-the resolution was seconded by Councilman Shaw. . He advised Mr. -Roger Andefson, a new property bwner, objected-that Mr. Luce assured Nr. Anderson. that the lots will be No further discussion being heard, Councilman Courtney offered the fol- The lots are adjacent to existing R-2 zoned properties; The lots face County Road 18 and it has been City policy to use R-2 zoning 3he proposed rezoning would be consistent with the Western Edioa Land Use Plan: RESOLUTION ' Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORDINANCE NO. 811-A92 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) . BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF TEE CITY OF EDXNA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by t5e addition of Outlot A and Lot 1, Block 1, McCauley,Heights 4th Addition, which are in Sub- District R-2". . See. 2. This ordinance shall be fn full force and effect upon its passage and Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by-adding the following thereto: the following properties: publication. ORDINANCE NO. 811-A93 GaANTED FIRST READING; .OUTLOT A, BLOCK 2, EDINA GREEN, DECLARED BUILDABLE LOT. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition of Village . Development Company for R-1 zoning for Outlot A and Lots 3 and 4, Block 2, and Lots 11 and 12, Block 1, Edina Green (5224, 5520, 5525 and 5527 Malibu Drive) and for declaration of Outlot A, Block 2, Edina Greeq as a buildable lot. Approval has been recommended by the Planning Commission provided Outlot B is dedicated to the City for road purposes. No objections being heard, Councilman Courtney offered the. following resolution for adoptzon and Ordinance No. 811-A93 for First Reading as follows: BE IT RESOLVED that the Edina.City Council does hereby declare Outlot A, Block 2, Edina Green, a buildable lot. . Motion-for adoption of the resolutlon was seconded by Councilman Richards. RESOLUTION Rollcall : 3/21/77 *- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg . Nays: None Resolution adopted. 115 ORDINANCE NO. 811-A93 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REMOVING FROM THE-MULTIPLE RESIDENCE DISTRICT Paragraph 1 of Section 4 of Ordinance No. 811 of the City is "The extent of the Multiple Residence District is reduced by removing . Outlot A and Lots 3 and 4, Block 2, and Lots 11 and 12, Block 1, Edina Green, which are in Sub-District R-1". Sec. 2. and publication. EDINA WEST BALL FIELD FLOOD PLAIN PERMIT APPROVED. of Edina School District 273 for a Flood Plain Permit for Edina West Athletic Fields, described as follows: The Southwest 40 acres of the North 1/2, Section 5, Township 116, Range 21. February 28, 1977, so that it could be referred to the Traffic Safety Committee to work out parking and speed limits during construction. letter from Mr. Donald I. Pryor, Assistant Superintendent for Business Services for the School District, agreeing that 1) a maximum of 6 workers would be on the job at any one time; construction; or will privide regularly scheduled free bus service event construction activities preclude the maintenance of a safe walkway; the School District will monitor the other student activities in the area and work line will be erected to keep children out of the site if construction activities prove to be an attraction. THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: hereby amended by adding the following thereto: the following properties: Section 1. ' This ordinance shall be in .full force and effect upon its passage .. Mri Luck presented the petition He recalled that this matter had been continued from Note was made of a 2) a 15 mile per hour speed limit will be posted during 3) the School District will provide a safe walkway to Edina-West to the building in the . with parents to assure safe access; 4) a temporary fence along the West property No further discussion being heard, Councilman Courtney offered the following resolution and moved Its adoption: RESOLUTION SE IT 3ESOLVED that the Edina Citm-does hereby approve a Flood Plain Permit for':the Edina West Athletic Field, described as the Southwest 40. acres of the North 1/2 of Section 5, Township 166, Range 21. Motion for adoptiop of the yesolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None' Resolution adopted. DAYTON DEVELOPMENT REG1STERED.W SURVEY GRANTED PRELIMINARY APPROVAL. Mr. Luce recalled that preliminary approval of Dayton Development Registered Land Survey had been continued from February 28, 1977, as requested by Mr. Jack Rice of Dayton Development Corporation. Mr. Rice advised that the Registered Land Survey is requested to accommodate separate mortgage lenderst requests relative to the refinancing of the Southdale Shopping Center itself and a separate transaction involving the Dayton's department store at Southdale. Mr. Rice agreed that the existing filling station structure on W. 66th Street is unsightly and should be removed, but requested that. this should not be made a condition of the Registered Land Survey. Mr. Rice referred to his letter to Mr. Luce of February 19, 1977, in . which he .had said that Dayton Hudson Properties had assured him that their present intentions are to remove the existing station this spring and improve the area with grading and landscaping until additional parking facilities may be needed. Mr. Rice agreed to arrange a meeting between corporate officials of Dayton Devel- opment and Mr. Hyde so that a firm time schedule could be set up for removal of the gas station. Councilman Richards then offered the following resolution and moved its adoption: RESOLUTION GRANTING PRELIMTNARY APPROVAL FOR DAYTON DEVELOPMENT REGISTERED LAND SURVEY . BE IT RESOLVED by the City Council of theXity of Edina, Minnesota, that that certain Registered Land Survey, presented for approval by Dayton Development Corporation covering property located at Southdale Center and presented at the Edina City Council Meeting of March 21, 1977, be and is hereby granted prelim- inarypproval, under the condition that arrangements are made between the City Manager and corporate officials of Dayton Development Corporation for the removal of the Fast Gas Station nn W. 66th St., and for prompt implementation of proposed traffic flow improvements in the Southdale area. Motion for adoption of the resolution was seconded by Councilman Courtney. 3/21/77 116 Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. TRACT A, REGISTERED LApr?) SURVEY 1365 LOT DIVISION APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Luce presented the petition for division of Tract A, Registered Land Survey 1365, as recommended by the Planning Commission, advising that this property is located South of FJ. 69th Street and East of Valley View Road and is being purchased from Dayton Hudsoq Corporation by Junior Achievement for construction of their head- quarters building which will contain eight classroom3 and four offices, Mr. Luce explained that retaining an easement across the Junior Achievement lot for access to Valley View Road 'in case the future user of the vacant lot on the East desires to egress to . Valley View Road instead of W. 69th Street. Mr. Emmett Albergetti of Dayton Hud- son Properties agreed that the purchase of the West half of the property-would be. subject to the condition that a retail commercial use will not be allomd on the remaining vacant lot. He presented a sfte plan and indicated that screening and landscaping would be provided as required. Erickson that the property be rezoned for office use, Mr. Albergetti said that there is not time for the rezoning procedure. 3fayor Van Valkenburg questioned Junior Achievement's ability to restrict land that it does not own. assured by Mr. Albergetti that Dayton Hudson Corporation would be restricting the other half of the property to non-commercial uses and that this should be brought up when Mr. Hyde and Dayton Hudson officials meet. cussion, adoption : WHEREAS, the following described property is at present a single tract of land; ITEEXEAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels'') described as follows : The Easterly 185;OO feet of Tract A, Registered Land Survey 1365; and Tract A, Registered Land Survey 1365, except the Easterly 185.00 feet thereof; and -e:-:. the building would front on Valley View Road, with Dayton Hudson In response to a suggestion of Mr. He was Following lengthy dis- Councilman Richards offered the following resolution and moved its RESOLUTION Tract A, Registered Land Survey 1365; and . WHEREAS, it has been determined that compliance w5th 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 Sub- d3-vision and Zoning Regulations as contained in the City of Edina Ordinance Nos, 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of said Parcels. as separate 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 thereof as separate tracts of land but are not waived for any other purpose or as to any other pro- vision thereof, and subject, however, to the provision that no further subdivision bemade 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 Councilman Courtney. . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: Van Vdkenburg Resolution adopted. WATEFMAIN IMPROVEMENT NO. WM-299 AND SANITARY SEWER IMPROVEMENT NO. SS-340 BID AWARDED. Mr. Eyde presented tabulation of seven bids received in response to Advertisemsnt for Bids in the Edina Sun and Construction Bulletin. Tabu'lation showed F. F..Jedlicki, Inc., low bidder at $346,782.00, G. L. Contracting, Inc. at $366,543.50, Northern Contracting Co., at $403,734.10, Fischer Sand & Aggregate, Inc., at $406,816.75 and Q.R.S. Construction, Inc,,-at $443,871.90, against Engineer's estimate of $338,982.50. recommended low bidder, F. F. Jedlicki, Inc., was seconded by Councilman Shaw. Councilman Richards' motion for award to Ayes: Courtney, Pschards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, . STREET IMPROVEMENTS CONTRACT AWARDED. Mr. Hyde presented tabulation of eight bids received in response'to Advertisement for Bids in the Edina Sun and Construc- tion Bulletin for Street Improvements Nos. BA-211, BA-217, BA-218, BA-221, BA-222, and.BA-223. Minnesota Valley Surfacing Co. at $67,981.10, H.J.A. Construction Co., Inc., at $72,782.20; C. S. McCrossan, Inc., at $75,566.00, Bituminous Roadways, Inc., Tabulation showed Bury & Carlson, Inc., low bidder At $67,339.25, . 3/21/77 J at $83,739-00, against Engineer's estimate of $72,697.00. Councilwoman Schmidt's motion for award to recommended low bidder, Bury SI Carbon, Inc., at $67,339.25 was seconded by Councilman Courtney. Ayes: Courtney, Richards;Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LAKE EDINA VILLAGE REPLAT BIDS CONSIDERED; . LOT 5, BLOCK 1, SALE APPROVED. Dalen advised that a bid had been received for Lot 5, Block 1, Lake Edina Village Replat, from Mr. Gary G. Halverson for $11,775 ($775 over the minimum bid required) and recommended that the sale be approved. He advised that since the bid opening an additional proposal has been received from a City employee for two of the lots for the minimum bid. to review additional proposals. Councilman Richards then moved that the sale to Mr. Halverson be approved, with interest at 8% per annum,'with the understanding that the balance be paid within three years or when construction is commenced. Motion was seconded by Councilman Shaw. Mr, He recommended that this proposal be continued for two weeks Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg Councilman Richards then moved that the sale of the remaining lots be continued to April 4, 1977. Motion was seconded by Councilman Shaw. Courtney, Richards, Schmidt, Shaw, Van Valkenburg Ayes: Nays: None Motion carried. LUTHER COLLEGE STUDENTS INTRODUCED TO COUNCIL.. Mr. Hyde introduced a group of Luther College students who were in attendance at the meeting. FINDELL SECOND ADDITION GRANTED FINAL PLAT APPROVAL. that all ordinance requirements have now been met for Findell Second Addition, Councilman Courtney offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat entitled "Findell Second Addition", platted by Roger C. Findell and John Findell, husband and wife, and by Clifford A. Findell and Esther F. Findell, hwband and wife, and presented at the Edina City Council Meeting-of March 21, 1977, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Shaw. Being advised by Mr. Luce Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. .. BEER LICENSES APPROVED. Applications for On-sale and Off-sale Beer Licenses having been approved by the Police Department, and no objections having been received in response to letters sent to neighbors relative to the renewal of licenses for Rigotto's Pizza and The Brothers, Cpuncilman Courtney moved that the following lFcenses be approved: Edina American Legion Post 471, Edina Country Club, The Empress Restaurant, Gus Young's Biltmore Lanes, Interlachen Country Club, Jake's Pizza of Edina, Inc., Le Bistro, Inc., Normandale Golf,.Inc., Rigotto's Pizza and Southdale Bowl; Off Sale: Store, Jake's Pizza of Edina, Inc. , Jerry's Foods, Kenny's Ikrket, Q Superette, Red Owl Stores, .Inc. and SuperAmerica 4047; Club Sunday Liquor Licenses: Edina Country Club and Interlachen Country Club. Shaw . , On Sale: Braemar Golf Course, The Brothers, Applebaums' Food Market, Byerly Foods of Edina, Inc., Dennison's Dairy Motion was seconded by Councilman Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. TRAFFIC SAFETY COMEITTEE MINUTES REVIEWED. seconded by Councilwoman Schmidt for approval of the following action taken by Councilman Courtney's motion was .the 1. s. - Traffic Safety Committee at its meeiing of March 15, 1977: Approval of the Flood Plain Permit, subject to conditions described in Mr. Pryor's letter agreeing that a maximum of 6 workers would be on the job at any one time, that a 15 mile per hour speed limit will be posted during construction, that the School District will provide a safe walkway to Edina- West or will provide regularly scheduled free bus service to the building in the event construction activities preclude the maintenance of a safe walkway; that the School District will monitor the other student activities in the area and work with parents to assume safe access and that a temporary fence along the.West property line be erected to keep children out of rhe site 3/21/77 118 ifcons-rue ion ac ivities prove -9 be an a traction. 2. Denial of STOP sign requests for the intersection at Tracy'and Warden Avenue, with radar enforcement being used instead; and for acceptance of the remainder of the minutes. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried. l!El? CITY HALL PARKING LOT TO BE GRADED. the fact that the Legion Hall is now almost completely razed. Nr. Hyde called Council's attention to -- Mr. Dunn showed the plan developed by: Carl Walker & Associates which would provide a total of 64 parking spaces and require regrading and removal of a number of trees for an esti- mated cost of $68,000, He added that the blacktop could be used at a later date . if it should be found necessary to construct an enclosed ramp. advised that he had received an offer to grade the site at no cost to the City in return for the fill. Councilnan Richards was assured by Mr. Hyde that additional parking is badly needed. orizing the grading and removal of the dirt, after which the matter should be returned to Council for review was seconded by Councilman Shaw. ~ Mr. Dunn also Following discussion, Councilman Courtney's motion auth- Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays : Richards Motion carried. FERTILIZER FOR GOLF COURSE PURCHASE AUTHORIZED. two bids for I.B.D.U. Fertilizer for the golf course which tabulation showed Turf Supply Cog low bidder at $3,344.00 for 7 tons and Albrecht Landscape at $3,508,00. Supply Co., at $3,344.00 was seconded by Councilman Shaw; Mr. Hyde presented tabulation of Councilman Courtney's motion for award to recommended 10%~ bidder, Turf .. TRAFFIC PAINT PURCHASE AE'PROVED. motion was seconded by Councilman Richards authorizing cooperative purchase with Hennepin County of 250 gallons of white paint, 200 gallons of yellow paint and 50 gallons of thinner at a cost of $1,789.70. As recommended by Mr. Dunn, Councilman Shaw's Ayes: Nays: None Motian carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg ShE TEE STOCX PL'RGfFaSE AUTHOEIZED. Councilman Richards' motfon for purchase af 400shade tree stock from Natural Green, Inc., for $4,780.00, inasnuc5 as they ca . provide the five desired species at a lower overall price than Sailey Nurseries, Inc., was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None .. Motion carried. EDINA FOUNDATION CONTINUED TO NEXT MEETING. erally to revisions which he had suggested for the Edina Foundation, and requested Mayor Van Valkenburg referred gen- I that other members of the Council submit any suggestions that they might have for consideration at the April 4, 1977, meeting. . No formal action was taken, PLATTING AND ZONING ORDINANCE AEIEMDMENTS REFERRED TO PLANNING COMXISSION. recommended by Mr. Erickson, an ordinance amending the Platting Ordinance requir- ing the platting of outlots and buildable lot divisions and an ordinance amending the Zoning Ordinance by setting dates for Council hearings wers informally referred to the Planning Commission for consideration at its meet-ing of March 30, 1977 As .. . . . - PARK DEPARTMENT FEES AND CHARGES APPROVED, Mr. Hyde presented 1977 Recommended Fees and Charges for Park Department activities xhich were reviewed by Counc€lg Councilman Courtney's motion approving the schedule as recommended by the Park Board was seconded by Councilman Shaw. , Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. .BBRtlEMAR FEES AND CHARGES FOR 1977 APPROVED. Braemar Fees and Charges as recommended by the Park Board. of the schedule, Councilman Shaw's motion for approval was seconded by Council- Mr. Hyde presented 1977 Recommended Following reviewal . woman Schmidt. .* Ayes: 'Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 3/ 21/77 GOLF CAR BATTERIES PURCHASE ,APPROVED. batteries showing Battery Warehouse low bidder at a net cost (including trade-in) of $1,959.00. Grant Battery Sales, $2,243.40, Standard Battery Sales, $2,026.20 and National Battery at $1,977.00. bidder, Battery Warehouse, at a net cost of $1,959.00 was seconded by Council- woman Schmidt . Mr. Hyde presented quotes for 60 220 AMP Quotes were received also from Cushman Motor Co. at $1,980.00, Councilman Courtney's motion for award to recommended low Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Mot ion carried.. DRIVING RANGE GOLF BALLS PURCHASE-APPROVED. Mr. Hyde presented quotes for 1000 dozen. range golf balls as recommended by Mr. Rosland. 500 dozen or more showed Werre's at $2.70 per dozen, Wittek's at $3.85 per dozen and Hornung's at $3.85. 1,000 dozen balls from recommended low bidder, Werre's, was seconded by Council- woman Schmidt. Tabulation for lots of Councilman Courtney's motion authorizing purchase of Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SUEMERSIBLE ELECTRIC MOTOR AND CABLE BIDS TO BE TmN. that the motor for Well No .12 has gone bad, Councilman Richards' motioc authoriz- ing taking bids for a replacement was seconded by Councilwoman Schmidt. Being advised by Mr. Dum. . Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg HEARING DATE SET FOR PUBLIC IMPROVEMENTS.' As recommended by Mr. Dunn, Council- man Shaw offered the following resolution and moved its adopti.on: RESOLUTION SETTING HEARING DATE FOR GRADING AND GRi4VELING IMPROVEMENT NO. P-C-126 AND STP;EET IMPROVEMENT NO. P-BA-227 8. 1. The City Engineer, having submitted to the Council a preliminary report as to.the feasibility 0.f the proposed improvements described in the form of Notice of Hearing set forth below, and as to the estimated cost of such improvements, said report is hereby approved an6 directed to be piaced un file in the office of the City Clerk. 2. City Hall, to consider in public hearing the.views of all persons interested in said improvements. 3. The.Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING This Council shall meet on Monday, April 18, 1977, at 7:OO p.m..in the Edina GRADING AND GRAVELING IMPROVEMENT NO. P-C-126 AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-227 EDINA CITY COUNCIL will meet at the Edina City Hall, on Monday, April 18, 1977, . PERMANENT STREET SURFACING at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvement is estimated by the City as set forth below: The approximate 1. GRADING AND GRAVELING ESTIMATED COST A. IMPROVEMENT NO. P-C-126 $3331145.58 'Delaney Blvd. from Dewey Hill Rd. to W. 78th St. except Smisek Addn. graveling only. 2. PERMANENT STXEET SURFACING AND CONCRETE' CURB & GUTTER A. IMPROVEMENT NO. P-BA-227 $105 , 959.34 Delaney Blvd. from Dewey Hill Rd. to W. 78th St. The area proposed to be assessed for the cost of the proposed Grading and Graveling (Improvement No. P-C-126) under 1A above and the proposed Permanent Street Surfacing and Concrete Curb and Gutter (Improvement No. P-BA-227) under 2A above includes Lot 7, Block 1 and Outlot 1, Heath Glen Addn.; Lots 9, 10, 11 and 12, Block 1, Lyle Buchanan Addn.; Lot 1, Block l,.Lots 1, 2 and 3, Block 2 3/21/77 .- .. and Outlot A, Smisek*s Addition; Parcels 520 and 735, Sec. 8, T. 116, R. 21. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. BIDS TO BE TAKEN FOR NUMEROUS IMPROVEMENTS. As recommended by Mr. Dunn, Council- woman Schmidt offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENTS AND DIRECTING ADVERTISEMENT FOR BIDS FOR NUMEROUS IM!?ROVElENTS BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer and now on file in the office of the City Clerk are hereby approved. 2. Bulletin the following notice for bids for improvements: The Clerk shall cause to be published in the Edina Sun and Construction (Official Publication CITY OF EDINA . HENNEPIN COUNTY, MINNESOTA ADVERTISEBENT FOR BIDS CONTRACT NO. 77-3(ENG) WATERMAIN IMPROVEMENT NO'S IiM-314, 316, 318, 319, 320 & 326 -. SANITARY SEWR IMPROIV3ENT NO. SS-342 WATERK4IN IMPROVEMENT NO'S. WM-310, 311, 322, 323 & 324 GRADING & GRAVELING IEPROVENENT NO. C-122 SEALED BIDS will be received and opened in the Council Chambers in the Edina City Hall, 4801 W. 50th St. at 11:OO a.m., Friday, April 29, 1977, and the Edina City Council will meet at 7:OO p.m., Monday, May 2, 1977, to consider said bids for the construction of Watermains, Sanitary Sewers and Grading & Graveling. CONTRACT NO. 77-4 (ENG) SANITARY SEWER IMPROVEMENT NO'S SS-334, 335 & 338 The following are approximate quantities of major items:. COSTRACT NO. 77-3 26,470 L/F, D.I.P. W.M. C1. 5 4,230 L/F, 1%" Copper N.M. 3,925 L/P, 1" Copper for House Services - 241 Each, House Services 37 Each, Standard Fire Hydrants . \ .. 35,400 S/Y, Sod 11,400 S/Y, Bituminous Replacement 2 Each, Standard Manholes 325 L/F, 8" V.C.P. CONTRACT NO. 77-4 17,700 L/F, 6" D.I.P. W.M. C1. 5 1,700 L/F, 1%' Copper N.M. 3,650 L/F, 1" Copper House Services 192 Each, House Services 24 Each, Standard Fire Hydrants 13,400 S/Y, Sod 21,500 S/Y, Bituminous Replacement 11 Each, Standard Manholes 1,250 L/F, 8" V.C.P. 1,000 C/Y, Excavation 700 Tons, C1. 5 Gravel Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. Bids should be addressed to the City Engineer, City of Edina, 4801 W. 30th St., Edina, Minnesota 55424, and may be mailed or sub- mitted personally to the City Engineer. either through the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must.be done as described in plans and specifications on file in the office of the City Clerk. plans and specifications with a bona fide bid. No bids will be considered unless sealed and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten (10) percent of amount of base bid. The City Council reserves the right to reject any or.all bids. Bids received by the City Engineer, Plans and specifications are available for a - deposit of $25.00 (by check). Said deposit to be returned upon return of the 3/21/77 121 BY ORDER OF THE CITY COUNCIL. Florence B . Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. .- - SENIOR CITIZEN SPECIAL ASSESSMENT DEFERMENTS RESOLUTION ADOPTED. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION .. WHEREAS, by Minnesota Statutes, Sections 435.193 through 435.195, the City is authorized and empowered to defer the payment of special assessments against home- stead property owned by a person 65 years of age or older for whom payment of such special assessments would be a hardship; and WHEREAS, the City Council of the City of Edina deems it desirable and in the best interests of the City of Edina and its citizens to implement such authority and power by establishing standards, guidelines, and procedures for the granting and processing of such deferments; NOW, THEREFORE, BE IT RESOLVED, that the following standards, guidelines, and pro- cedures are hereby established and adopted to determine when a hardship exists,. and to whom, and on what terms, a deferment of payment of special assessments should be granted, and how applications shall be processed and deferments recorded: . 1. To be entitled to a deferment: a. b. The applicant must be 65 years of age or older. The applicant must own the property for which deferment is requested, either alone or in joint tenancy with the applicant's spouse, who is domiciled with the applicant in the same property, but who need not be 65 years of age or older; The property for which deferment is requested must be classified and taxed as homestead property by the City Assessor as of the date the application is made. by not later than the close of business on the last business day before the day on which the City Council is scheduled to meet to hear and consider the proposed assessment. e. 2. An applicant shall be deemed to have a financial hardship when (i) the income, as defined in Minnesota Statutes, Chapter 290A, of the applicant 3rd of the applicant's household, $15,000 or less in the calendar year prior to the year in which the assessment will be levied; and (iij the first' year's installment of the proposed special assessment. -wKtI: increase t-he -aggregate:total' of the. installments bf. special' assess- ments against the proper6y for Whkh *de+€er.men.iz- is; requested' and. payable- in- the year of such first installment to a sum equal to more than 2% of said income. c. * d. The applicant must file a completed application with the City Assessor The applicant must have a financial hardship. as defined in Minnesota Statutes, Chapter 290A, was ' 3. All applications for deferment shall be on a form or forms prepared and supplied by the Hennepin County Auditor and the City Assessor. office shall maintain a supply of such forms at the City Hall. of the City Council to hear and consider proposed assessments, a statement explaining the deferment policy hereby established. chirty (30) days before the day scheduled for said meeting. 5. at the meeting at which the City Council is to hear and consider the proposed assessment, on all deferment applications filed with it prior to the deadline set out at 1.d. above. order to be granted the deferment. this resolution, and shall grant deferments to such applicants as comply with the requirements set out. Any assessment deferred pursuant hereto by the City Council shall bear interest at the rate of one percent (1%) in excess of the rate of interest that would have been charged on the assessment had the assessment not been deferred, but not, however, in excess of the maximum interest rate allowed by law. the County Recorder, Eennepin County, Minnesota, so as to give notice of such deferment to all future owners and encumbrancers of the property for which a defer- ment has been granted, and shall note all deferments on the assessment cards for the respective properties so as to give notice of such deferment to all people who make inquiry of the City. The City Assessor's ' I. 4. The City Assessor's office shall mail, with each notice of all meetings . Such notices shall be mailed at least The City Assessor's office shall review and report to the City Council, The applicant need not personally appear at such meeting in 6. The City.Counci1 shall consider all applications duly filed pursuant to 7. 8. The City Assessor's office shall record all deferments with the office of BE IT FURTHER RESOLVED, that the City Council shall not be prohibited from 31 21/ 77 i- I. determining that a hardship exists, and that a the above terms and conditions, even if the above requirements are not met by an applicant, if the Council finds: by the foregoing standards and guidelines. have been made in a nondiscriminatory manner. unreasonable preference or advantage over other applicants. BE IT FURTHER RESOLVED, that the failure of the City to give notice pursuant to paragraph 4 above, or-the granting or refusal to grant any deferment, shall not invalidate, or in any way affect the validity of, any assessment otherwise made and levied by the City of Edina pursuant to applicable statutory requirements. BE IT FURTHER RESOLVED, that this resolution shall be effective from and after the date of adoption hereof. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. deferment should be granted on a. b. c. That there are exceptional and unusual cfrcumstances not covered That if a determination is made that a hardship exists, it will That the granting of a deferment will not give the applicant an Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg T-H. 100 GAP PROJECT AGREEMENT APPROVED WITH MINNESOTA STATE HIGHWAY DEPARTMENT. Mr. Dunn advised Council that the resolution adopted on March 7, 1977, requesting appropriation of the City’s State Aid Funds for the improvement of T.H. 100 between Valley View Road and FJ. 74th.Street has been approved, and presented.reso- lutions necessary for the implementation and completion of the project. He advised that the only assessable portion of the improvement will be approximately $8,000 worth of curb and gutter on both.sides.. Residents on the East side, South of 70th Street must be met with to explain the projects, and the curb and gutter can be taken out of the project if they decide that they do not want it. Following discussion, Councilman Courtney offered the following resolutions and moved their adoption: RESOLUTION WBEREAS, the Commissioner of the Department of Transportation for the State of Minnesota has caused to be prepared: plans, special provisions and specifications for the improvement of Trunk Eighway No. 130, renumbered as.Trunk Highway No. 100, within the corporate limits of the City of Edina from West 74th Street to.Valley V5ew Road in Edina; and 14HEREAS, said plans are on file in the office of the Department of Transportation,. St. Paul, Ninnesota, being marked, labeled and identified as S.P. 2733-61-66-67-69- 70--71 S 73 (100=130), and which, together with, the Minnesota Department of High- ways Standard Specifications for Highway Construction, dated January 1, 1972, as amended by Ninnesota Department of Highways Supplemental Specifications for High- way Construction dated April 1; 1976, will govern, and which are on file in the Office of the Commissioner of Department of Transportation, constitute the specifications for said improvement of Trunk Highway’No. 130, renumbered as Trunk Highway No. 100; and WHEREAS, copies of said plans and special provisions as so marked, labeled and identified are also on file in the Office of the City Clerk; and WHEREAS, the term, said plans and special provisions, as hereinafter used in the body of this Resolution will be deemed and intended to mean, refer to and incorp- orate the plans and special provisions in the foregoing recitals particularly identified and described; and WHEREAS, the Commissioner of the Department of Transportation desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Edina, on said Trunk Highway No. 130, renumbered as Trunk Highway No. 100, will be parallel with the curb adjacer,t NOW, THEN, BE IT RESOLVED that said plans and special provisions for the improve- ment of Trunk Highway to No. 130, renumbered as Trunk Highway No. 100, within the corporate limits of the City of Edina, be and hereby are approved. BE .IT FTJRTHER RESOLVED that the City of Edina does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 130, renumbered Trunk Highway No. 100, will be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway. BE IT FURTHER RESOLVED that the elevations and grades 2s shown in said plans.and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Highway No. 130 renumbered Trmk Bighwzy No. 100, in accordance with said plans and special provisions. RESOLUTION BE IT RESOLVED that the City of Edina enter into an agreement with the State of Minnesota, Department of Transportation, for the following purposes, to wit: . I. . to the highway and will’be at least 20 feet from any crosswalk; 4 "I 3/21/77 123 To remove the existing signal and to provide a new traffic control signal and street lights on the Trunk Highway No. 100 Ramps at W. 70th Street in accordance with the terms and conditions set forth and contaisted in Agree- ment No. 58438, a copy of which was before the Council; and BE IT FURTHER RESOLVED that the proper City officers are hereby authorized to the contractual obligations contained therein. BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department of Highways for the following purposes, towit: to provide for payment by the City of Edina to the State of the City's cost shares of the construction of certain storm sewer facilities, concrete walk, concrete curb and gutter, concrete curb and concrete driveway pavement to be performed by the State under contract upon, along and adjacent to Trunk Highway No. 100 between W. 74th Street and County State Aid Highway No. 62 within the corporate City limits in accordance with State plans, specifications and special provisions designated as State Project No. 2733-61 (T.H. 100=130). for the State to turnback to the City frontage roads, a portion of City street and a sedimentation pond adjacept to said City street at such time as the State's improvement construction on Trunk Highway No. 100 will permit such turn- back. BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby are authorized to execute such agreement. 58308) BE IT RESOLVED that the City enter into an agreement with the State of Minnesota, Department of Highways for the.following purposes, to-wit: payment by the City of Edina to the State of the cost of relocating the City's utilities, to be performed by the State, under contract within the corporate City::: limits in accordance with State plans, specifications and special provisions designated as State Project No. 2733-61 (T.R. 100=130) and Agency and Utility Relocation Agreement No. 58177; BE IT FURTHER RESOLVED that the Mayor and Clerk be and they hereby authorized to execute such Agency and Utility Relocation Agreement No. 58177. Motion for adoption of the foregoing resolutions was seconded by Councilman Shaw; I execute such agreement, and they assume for and on behalf of the City all of RESOLUTION In addition, this agreement provides (Cooperative Construction and Turnback Agreement No. RESOLUTION To provide for Rollcall : Ayes: Nays: None Resolutions adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg MEETING ON HOUSE FILE 1 TO BE HELD AT CITY HALL ON MARCH 23, 1977. 'Schmidt advised that, as a result cf opposition to House File 1, a public meeting Councilwoman will be held at the Edina City Hall on March 23, 1977, at 7:30 p.m. and that 3t will be attended by Edina's representatives in the State Legislature, Mr. Phil Rivness and others concerned with environmental health, and urged Council members to attend this meeting. No forma?. action was taken. PROPERTY TAX INCREASES DISCUSSED. increases averaging approximately 22% as reflected in the tax statements which have just been mailed out to property owners. Council expressed concern about property tax No formal action was taken. HUMAN RELATIONS COMMISSION MINUTES DISCUSSED. Note was made of a reference in the . Human Relations Commission Minutes of February 16, 1977, to a "Citizen's Aid Line". Mayor Van Valkenburg suggested that if the Commission has a proposal, they should come to the Council with a specific recommendation to which the Council can react. Note was also made.uf'the-appaTent merger of Youth Action with Store Front. formal action was taken. No NORTH PARJ.G?OOD KNOLLS AREA DEVELOPMENT DISCUSSED. the delay in road plans for the undeveloped property owned by Carl Hansen between Mayor Van Valkenburg questioned Parkwood Knolls and the Grandview Cemetery, Mr. Rosland said that the Hansens are eager to get on with the development as soon as the Grandview court case is deter- mined. approximately two months. No action was taken. City Attorney Erickson said that the Court's decision should be known in METROPOLITAN TRANSIT COMMISSION SUBSIDY LEGISLATION NOTED. Mr. Hyde referred to an article in the morning paper which indicated that the Legislature is trying to cut back on the Metropolitan Transit Coqunission subsidy, in which case some ser- vices may be cut back. being eliminated and that any calls should be referred to Mr. Hoffman. was taken. He advised that none of Edina's routes are in danger of No action 3/21/ 77 PURCHASE OF STEEL AUTHORIZED. cellaneous steel forms, showing Williams Steel & Hardware low bidder at $4,621.05, Mr. Dunn presented informal bids received for mis- Joseph Ryerson & Sons at $4,683.29, 'Paper Calmenson & Company at $4,736.37 and Zalk Steel & Supply Company at $4,766.05. recommended low bidder, Williams Steel & Hardware at $4,621.05 was seconded by Councilman Courtney. Councilman Shaw's motion for award to Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. COMMUNITY HEALTH SERVICES AGREEMENT AUTHORIZED. received a copy of a rough draft of a contract between Hennepin County and the City for Community Health Services Subsidy in the amount of $79,258. Courtney thereupon offered the following resolutionauthoriiing. the. Mayor and Manager to enter into agreement with Hennepin County and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the Mayor an'd-City Manager to enter into Community Health Services Agreement with the County of Hennepin for Community Health Services Subsidy in the amount of $79,258. Motion for adoption of the resolution was seconded by Councilman Richards. Mr. Hyde advised that he had Councilman . Rollcall : Nays: None Resolution adopted. . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg $ CLAIMS PAID. Motion of Councilman Richards was seconded by Councilwoman Schmidt for payment of the following claims as per Pre-List: Park Fund, $14,828.01; Park Construction, $7,663.21; Swimming Pool, $77.31; Golf Course, $1,037.45; Recreation Center Fund, $15,686.76; Gun Range, $753.71; Water Fund, $18,429.14; Sewer Fund, $2,215.79; Liquor Fund, $127,918.87; Construction, $1,056.81; Total, $246,805.06. General Fund, $57,138.00; Comcil's agenda having been covered, the Mayor declared the meeting adjourned. Adjournment at 12:40 a.m. ?L 8- ;/$ees_e, City Clerk I- ' I .. .