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HomeMy WebLinkAbout19770711_regularMINUTES OF THE RtSGULhR MEETING OF THE EDINA CIT'r' COUNCIL HELD AT CITY K4LL JULY 11, 1977 205 I 0 Anseering rol-lcall were members Courtney, Richards , Schmidt, Shaw and Mayor Van i-alltenburg . 1 MINUTES of Special Meetings of June 13, 27 and 30, the Regular Meeting of June 20, 1977, and the Board of Review were approved as submitted by motion of Council- man Ccurtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. , RUSSEL R. WILSON SUBDIVISION OF LOT 6, PROSPECT HILLS FIRST ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Mr. Hughes presented Russel R. Wilson Subdivision of Lot 6, Prospect Hills First Addition for preliminary plat approval, recalling that this subdivision hed been continued from June 20, 1977, so that the Council would have an opportunity to inspect the site. ning Commission had recommended approval of the plat, contingent on receipt of parkland dedication fees, acquisition of the existing outlot on the North end of the property from the City of Edina, and obtaining a tree cutting permit prior to construction on Lot B. In response to a question of the Council, Mr. Hughes said that the smaller of the lots would be slightly more than one-half acre and the larger of the Lots would be approximately 3/4 of an acre. burg commented that the restrictions which had been placed on the property at the time it was originally developed had expired and that he did not believe that the proposed plat would establish a precedent in the area. Shaw thereupon offered the following resolution and moved its adoption: BE IT =SOLVED BY THE EDINA CITY COUNCIL that that certain plat entitled "Russel R. Wilson Subdivision of Lot 6, Prospect Hisls First Addition", platted by Russel R. Wilson, and presented at the Edina City Council Meeting of July 11, 1977, be and is hereby granted preliminary plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney. He recalled also that the Plan- Mayor Van Valken- Councilman RESOLrnION Rollcall : Ayes : Courtney, Richards , Schmidt , Shaw, Van Vaikeiiburg Nays: None Resolution adopted. EDINA INTERCHANGE ~TH ADDITION GRANTED CONDITIONAL PraLmrNmy PLAT APPROVAL. Mr. Hughes presented Edina Interchange 4th Addition for preliminary plat approval, recalling that this hearing to replat Edina Interchange 4th Addition fron twelve existing lots into seven new lots had been continued from June 20, 1977, so that the matter of the Northern States Power access to the South could be studied. Fir. Hyde called attention to a letter from Mr. Steven E. Gage, President of the Garron Corporation, agent: for and in behalf of New England Mutual Life Insurance Company, the existing fee owner of the property, offering to sell land to the City for the pnrposes of constructing an access road from Ohms Lane to the Western boundary of the Edina Interchange Center Fourth Addi- tion to service Northern States Power Company larid for the amount of $1.50 per square foot plus the assalption of existing special assessments. stated that the offer to sell shall be valid only until January 1, 1978, and that the exact location of the proposed access road shall be as mutually determined by the existing fee owner and the City, but, "in no event, shall said access ro2d location act as a detriment to surrounding land owned by the existing fee owner". States Power Company and, while Northern States Power Company would not object to the construction of the proposed road, they would object to being assessed for the cost. Mr. Hyde emphasized that this will probably be the last chance for the City to gain Southerly access from Northern States Power Company and recomnended that the Council consider approval of the preliminary plat with the road cut thru to the North, with the understanding that Northern States Power Company will be assessed for at least one-half of the cost of the road. Nr. Hyde said that he thought the City could assess Northern States Power for the road inasmuch as N.S.P. had originally proposed to construct a sub-station on the site and Sot the large office or the pole yard for the entire area. Mr. Gage said that New England Mutual would be willing to deed the land for the road, provided they could have access ic N. 74th Street through Le X:~.L~-.cix States Power Company property, Councilman Shaw questioned whether or not the City can insist on the dedication of'roadway for a replat. The letter Mr. Hyde said that he had met with Nr. Douglas Anderson of Northern Mr. Gage suggested holdj-ng the lots .I- 7/ ll./ 77 206 in question out of the plat so that his company can proceed with the sale of lots in the South half of the plat inasmuch as there will undoubtedly be other replats requested before all of the property is developed. circumstances have not changed sime the property was originally platted. Councilman Courtney then offered the following resolution and moved its adoption with the understanding that the plans of Bfr. Gage for Lots 4 and 5 be approved, but with the further understanding that final plat approval be withheld pending final decision on the extension of the road: RESOLUTION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Edina Interchange 4th Addition", platted by New England Life Insurance Company and presented at the Councillfeeting of July.11, 1977, be and is hereby granted preliminary approval, subject to the understanding that plans for Lots 4 and 5 are approved and that final approval be withheld pending completion of plans for the extension of Ohms Lane. Motion for adoption of the resolution was seconded by Councilman Shaw. He contended that I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Mr. Hyde said that he would look into the question of whether or not the City could require dedication for roadways on a replat. ORDIE-ANCE NO. 803 GRANTED SECOND READING; TO BE EFFECTIVE SEPTEMBER 1, 1977. 3ir. Hughes presented Ordinance No. 803 for Second Reading with the recommendation that September I, 1977, be designated the effective date. Councilwoman Schmidt then offered Ordinance No. 803 for Second Reading and moved its adoption as follows : AN ORDINANCE ESTABLISHING A C0M"ITY DEVELOPMENT AND PLANNING COBDXCSSION, PROVIDING FOR THE APPOINTMINTS OF ITS BEMBERS , DEFINING ITS POKERS AND DUTIES, AND REPEALING ORDINMCE NO. 105 AND.ORDINANCE NO. 801 EXCEPT SECTION 8 THERXOP THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Developmat ZEd PLw-ning CornmissioD- of the City of Edina is hereby established. it shall serve as the planning agency within the meaning of Bibnesota Scatukes, Section 462.351 through 462.364. In such capacity, the Community Development an2 Planning Commission shall be advisory to the City Council. Sec. 2. Membership. The Commission shall consist of 11 residents of the City appointed by the Mayor with the consent of a majority of the members of the City Council, and shall be appointed with due regard to their fitness for the efficient dispatch of the functions, duties, and responsibilities vested in and imposed upon the Commission. Efembers of the Commission shall be appointed in January of each year for terms of three years commencing on.the February 1 following their appointments, except for the first Commission appointed, which shall have three members with one-year terms and three members with two-year terms. B Commission member, following expiration of his or her term, may be reappointed to the Comnission by the Mayor with the consent of a majority of the members of the City Council. to the Commission if he or she has served on the Community Development and Plan- ning Commission for a cumulative period of twelve or more years (whether or not consecutive). from office by majority vote of the Council. legal residence in the City shall automatically be removed from office. of the Commission shall serve without compensation. Organization. man fron among its members for a term of one year. bylaws as shall be necessary or desirable for the conduct of its business. The Commission shall hold at least twelve regular meetings every year. The Commis- sion may establish as deemed necessary permanent or temporary committees for the purpose oE advising the Commission. comprised wholly of Commission members or comprised of at least one Commission inember together with an appropriate number of other individuals. members shall be appointed by the Chairman with the consent of a majority of the Commission and shall be selected on the basis of their expertise and interest in the subject work of the committee. Sec 4. Staff . S tzf xs+- :PB, including secretari a1 services , shall be furnished and coordinated by the Pianning Department of the City. Additional advisory staff may be assigned to the Commission by the City Manager. shall keep and maintain a.writtcn record of the Commission's actions, resolutions, Section 1. Community Development and Planning Commission.. The Community - However, no Commission members shall be reappointed Hembers of the Commission may' resign voluntarily or be removed Commission members who discontinue Members Sec. 3. The Commission shall elect a Chairman and Vice Chair- The Commission shall adopt I Such advisory comiiittees shall be either Copittee . StaEf 7/11/77 1 207 recommendations aw! findings, which record shall be a public record. 2 Sec. 5. Powers, Duties and Responsibilities. The Commission shall: (a) Prepare, review, and make recoinmendations to the Council as to the Comprehensive Municipal Plan, or any sections thereof, including, but not limited to, a land use pl.an, a transportation plan, a communities facilities plan, a capital improvements program, a parks and open space plan, and (-1 housing plan, and recom- mendations as to plan execution. of previously unsubdivided land and replats of platted land, in accordance with the platting regulations set forth in the Platting Ordinance (No. 801). to the Zoning Ordinance (No. 811). recommendations of the Heritage Preservation Board regarding preservation of lands and buildings of historical, architectural, cultural, and educational signifi- cance (Ordinance No. 802). (e). Review and make recommendations to the Council as to all requests for special permits as set forth in the Flood Plain Management Ordinance (No. 815). (f) Review and make recommendations to the Director of Planning as to all applications for erosion and sedimentation control plans as set forth in the Soil and Sediment Control Ordinance (No. 817). (g) to the provision of low and moderate cost housing and which are referred to it by P the Council. a (h) Develop and make recommendations to the Council for the purpose of fostering the maintenance and improvement of the City's environment, including, but not limited to, such matters as the mitigation of air, water and noise pollution, and the enhancement and preservation of wildlife and natural areas within the City. (i) Conduct, and report to the Council on; such studies relating to the environmental quality in the City as the Council may request. (j) Make such reviews and recommendations to the.Counci1 on matters relating to major commercial, industrial, or residential redevelopments in the City as the Council may request.. hereby repealed in its entirety and Ordinance No, 802 (Planning Commission) except Section 8 is hereby repealed, both effective on September 1, 1977. 1977, upon its pzblication. Motion for adoption of the resolution was seconded by Councilman Richards. (b) Keview and make recommendations to the Council as to all proposed plats . (c) (d) Review and make recommendations to Council as to all proposed amendments Review and make recommendations to the Council as to the reports and ' Review and make recommendations to the Council as to matters relating m. m .a U Sec. 6. P-epealer. Ordinance No. 105 (Environmental Quality Commission) is See. 7. Thjs ordinance shall be in full force and effect on September 1, Itoilcall : Ayes : Courtney, Richards Schmidt , Shaw, Van Valkenbu Nays: None .I . Ordinance adopted. ATTEST : BEARING DATES SET ON ZONING MATTERS. by Councilwoman Schmidt, setting August 1, 1977, for hearing date for the follow- ing planning mt ters : Motion of Councilman Courtney was seconded 1) Lots 3 and 4, Auditor's Subdivision No. 172 - (4626 France Ave.) - R-1 Residential District to R-2 Eultiple Residence District 2). Gabbert G Gabbert Registered Land Survey (West of York Ave. and North of W. 70th.Street) - C-4 Commercial District to C-3 Commercial District and Preliminary Plat) Ayes: Courtney, Richards, SchnrLdt, Shaw, Van Valkenburg Nays: None Motion carried. b PORTION OF ZENITH AVENUE VACATED. Affidavits of Notice were presented by 'Clerk, approved as to form and ordered placed on file. Hr. Dunn presented the petition for.the vacation of a portion of Zenith Avenue South of IJ. 54th St., hearing for which street vacation had been ordered by Council resolution on June 6, 1977, and which vacation was incorporated in the preliminary plat for James M. Wilson's First Addition, approved on June 20, 1977. No objections being heard, Councilman Shaw ofEered the fol-lowing resolution and moved it< adoption: TJIIERJ?,AS, a resolution of the City Council, adopted the 6th day of June, 1977, fixed a date for the public hearing on a proposed vacation of a portion of Zenith I ~SOjjui'~~:1 VdC/YrI:NG PORTION OF ZE'\iL'lI ;AfidUE 7/11/77 Avenue; and WHEREAS, two weeks ' published and posted notice hearing was held on the 11th day of July, 1977, ing to be heard were given an opportunity to be IaIEREAS, the Council deem it to be in the best public that said street vacation be made; and of said hearing was given and the at which ltime a13 perscns desir- heard thereon.; and interest 05 the City and of the imREAS, the Council has considered the extent to which the vacation affects e-xisting easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone poles az?d lines, gas and sewer lines, or. water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon'such street or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto. NOV, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, ??finnesota, that the following described portion of Zenith Avenue be and is hereby vacated effective as of July 11, 1977: The West one-half of.Zenith Avenue lying South of a line 153 feet South of and parallel to the central line of West 54th Street and North- erly of the Easterly extension of the Southerly line of Lot A, Uhite Investment Company's Hidden Valley, Hennepin County, Minnesota; And that'the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in 'the transfer record of the County Auditor - and filed with the Register of Deeds, Section 412.851. Notion for adoption of the resolutign Rollcall : Ayes : Courtney, Richards, Schmidt, Nays: None Resolution adopted . in accordance with Minnesota Statutes, was seconded by Councilwoman Schmidt. Shaw, Van Valkenburg WATERMAIN IMPROVEMENT NO. Nbf-319B BID AWARDED. atteation to a letter which he had sent to property owners included in the area proposed to be assessed for Watermain Improvement No. TJM-319B in which he had. . advised in reviewing plans and the low bid submitted with the contractor, he had determined that, by reducing the area of street surfacing to be disturbed, the amount of the bid can be reduced froni $2,622.85 per connection to $1,915.89 per conrlection, the axcunt estimated at the March 21, 1977, heariag. Be recommended award to Peter'Lametti Construction Co., at $42,841.00, advising that this had been the low bid originally taken in March, 1977. Mr. Dunn advised Mr. Arthur Larkin, 5217 Hollywood Road, that the only portion of the road to be removed . for the project-mould be what is absolutely essential and that the entire street will be seal-coated. Councilman Courtney's motion awarding contract to recom- mended low bidder, Peter Lametti Construction Company at $42,841.00 was seconded by Councilwoman Schmidt. Mr. Dunn called Council's . Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt, sh2w, Van Valkenburg STREET IMPROVEMENT NO, 13-87 PROPERTY OWNERS CONCURRENCE NOTED. Mr. Dunn recalled that at the time of the improvement hearing or? August 16, 197g, property obmers had questioned whether they wanted curbing on the East Frontage Road of T.H. 100 South of I?. 70th Street. In accordance with the understanding made at the time of the hearing, Mr. Dunn had the road staked by the Highway Department and' : explained the situation to Mr. William Harrison, 4920 Lantana Lane, who, in turn, contacted the nine affected property owners to determine if a property owners' meeting would be necessary. Mr. Harrison had sent a letter stating that, of the eight owners he was able to contact, seven were absolutely in favor of the curb and gutter if their understanding is correct that they will be assessed for only 30% of the cost of the improvement, one owner ~7as out of town and one ovmer wished to remain uncommitted until he has assurance of the actual dollar cost. As recom- mended by Xr. Dunn, Councilman Courtney's motion that the construction of the improvement with curb and gutter as originally approved by the Council be reaffirmed was seconded by Councilman Shaw. . . Ayes : Courtney, Richards, Schmidt , Shaw, Van Valkenburg Nays: None Motion carried. AMUI?DSON ROAD MPROVEMEflTS AUTHORIZATION URGED. Council's attention was called to G ictter from Ms, Judy Schtenenau, 73L3 Gleason Road, urging the Council to approve the Amundson Road improvements. Councilman Courtney , ssconded by Councilman Shaw . . The letter was ordered placed on file by motion Ayes : Nays: None Motion carried. Courtney, Richards ,- Scliinidt , Shav, Van Valkeiiburg 7/iif 77 .. 209 c__ JAMES OTTO APPEAL OF ADMINISTRATIVE DECISION FOR LOT 4, BLOCK I., BRAEMAR PARC, IIEARING DATETET. _I_.- - of an Administrative Decision submitted by Mr. James R. Otto, owner of Lot 4, Block 1, Braemar Parc. Mr. Otto's notice appealed the decision of Nr. Sand requiring a 25 foot set-back line from either of the side lot lines. Councilman Courtney's motion was seconded by Councilwoman Schmidt, setting August 1, 1977, as hearing date for the appeal. Council's attention was called to Notice of Appeal - Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. EBERHARDT APPEAL OF BOARD OF APPEALS DECISION FOR SIGN ORDINANCE VARIANCE HEAR- ING DATE SET. setting August 1, 1977, as hearing date for the appeal of Eberhardt Company of a Board of Appeals declsion for a sign ordinance variance. Ayes: Courtney, iiichards, Schmidt, Shaw, Van Valkenburg Nays: None Councilman Courtney's motion was seconded by Councilwoman Schmidt, Motion carried. OUTLOT By GLEhSON'S FIFTH ADDITION CONNECTION CHARGES TO BE LEVIED. Shaw offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT THE EDINA CITY COUNCIL does. hkceby authorize the levy of the following named improvements on Outlot By Gleason's Fifth Addition (6433-35 Vernon Ave.) over a six year period at 5% interest: Watermain Improvement No. WM-168, $50.45; District Watermain Improvement No. IJM- Councilman C-1 Sanitary Sewer, $643.50; 186, $42.20. Motion for adoption of the resolution was Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Nays: Xone Resolution adopted. seconded by Councilroan Richards. Van Valkenburg LOT 4, BLOCR 1, GRAYTOWER ESTATES CONNECTION CHARGES TO BE LEVIED. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION BE IT RESOLVED THAT THE EDINA CITY COUNCIL does hereby authorize the levy of the follwkg namsi! itllprovemr,nts OIL Lot 4., Block 1, Greytoser Estates over a six year period, starting in 1976 at 5% interest: ment No. SS-142, $248.53, Watermain Improvement No. W-212, $2,115.28. Motion for adoption of the resolution was seconded by Councilman Richards. District Sanitary Sewer Improve- Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. FINAL PLMJS TO BE DRAWN FOR CITY HALL PARKING LOT. Mr. Dunn presented two plans for construction of a parking lot to serve the City Hall, recalling that plans had been drapm about a year ago by Carl Walker & Associates which would have cost $68,000, which plans would have necessitated removal of practically a11 of the trees behind the City Hzll. consideration: Mr. Dunn presented the following two plans for Council Plan A - This plan would add 38 new parking spaces to the existing 107 spaces, for a total of 145 (without curb). for an estimated cost of $15,000 (with curb). parking spaces, for an.estimated cost of $8,000. Plan B - This plan would add 36 new parking spaces, for a total of 143 spaces, Mr. Dunn explained that neither plan includes a storm sewer which might be neces- sary and that Plan A would have access only on the West side of the City Hall, whereas Plan B could be reached from either side. Mr. Dunn to draw up final plans for Plan A to be brought back €or Council consid- eration at a later date. No formal action ~7as taken. Mayor Van Valkenburg directed HEALTH BOARD MEMBER APPOINTED. As recommended by Mayor Van Valkenburg, Council- woman Schmidt's motion t7as seconded by Councilman Shaw, confirming the appointment ' to the Edina Advisory Health Board of Mrs. Barbara Kresoya. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LAIU EDINA VILLAGE REPLAT LOTS EXCLIANGED FOR LOTS IN IROQUOIS HILLS 4TH AZJD 5TH -- ADDITIONS, Councilss attention was called to a ietter from Iafr. Prance R. Card- arelle to Mr. Dalen agreeing to exchange Outlot 1, Iroquois Hills Fourth Additioil 7/11/77 210 1 aiid Outlot 1, Iroquois Hills Fifth Addition for Lots 2 and 3, Bloclc 1, Lake Edina Village Replat, purchase. Lot 1, Lake Edina Village Replat for $15,000 and Lot cis Lake Edha Village Replat for $10,000.00, cost of which will include all special assess- ments and taxes to date, and that the special assessments ana taxes on the outllots will be paid. soil corrections or re-subdivision will be required for &ots 1 and 4, Lake Edina Village Replat, and advised Councilman Shaw that it would be impossible to reach a decision before that time. lution and moved its adoption: 3E IT RESOLVED that the Edina City Council does hereby authorize the Mayor and Clerk to enter into-purchase agreement with Mr. Frank Cardarelle for Lot 4, Lake Edina Village Replat in the amount of $10,000 and for Lot 1 for $15,000, with the understanding that Xr. Cardarelle has 180 days in which to complete soil tests and study the need for soil corrections or re-subdivision; and BE IT FURTHER RESOLVED that the Edina City Council does hereby authorize the exchange of Outlot I, Iroquois Hills Fourth Addition and Outlot 1, Iroquois Hills Fifth Addition for Lots 2 and 3, -Block 1, Lake Edina Village Replat. Motion €or adoption of the resolution was seconded by Councilman Shaw. Mr. Cardarelle stated that it is his understanding that he can L Kr. Cardarelle requested an extension of 180 days to determine what. Councilman Courtney then offered the following reso- RESOLUTION - Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. TWIN CITY FEDERAL CONDEELNATION DISCUSSED. Hr. Dunn advised Council that the City had received notice of the Twin City Federal ccjndemnation award in which Twin City Federal was awarded $65,200 including $60,200 far the value of land taken and $5,000 damages to the remainder of the land. value at $46,500 and Twin City Federal's appraiser had estarnated the value at $75,000. Mr. Dunn advised that the H.R.A. has not taken any action at this point. No action was taken by Council. Edina's appraiser had placed the HOUSING & REDEVELOPNEXT AUTHORITY SuMMr3;RY STATEMENT OF ESTIMATED REVENUES AXD EXPENSES DIRECTED TO COUNCIL. ment ?f Estimated Revenues and Expenditures as of June 30, 1977, showing excess revenue over expenditures of $19,839.69 and a proposed revised budget of $3,660,000,000. REPLACEMZNT OF WATER DEPARTMENT CONTROL SY STEN APPROVED. Mr . Dunn advised Council that the 1956 water control system is completely worn out and recommnded the Mr. Dunn called Council's attention to Summary State- purchase of a replacement at a cost of $19,220 from the Sam Prest CompaQy, advising that this system would fit in with a more sophisticated system which might be desirable at a later date. 8r. Dunn pointed out that it is impractical to take bids €rom other manufacturers because parts would not be apt to fit with existing equipment. He assured Councilman Courtney that there would not be any legal problem in making this purchase without taking bids. motion authorizing replacement of the Water Department control system as recom- mended by Mr . Dunn vas seconded by Councilwoman Schmidt. Councilman Courtney's Ayes: Courtney, Richards, Schmidt,'Shaw, Van Valkenburg Bays: None Hotion carried, XINNESOTA HOUSING FINANCE AGENCY HOME IMPROVEMENT GRANT APPLICATION APPROVED. Mr. Hughes presented an application for Phase I1 funding for the Minnesota Housing Finance Agency Housing- Rehabilitation Program requesting $34,848 , the maximum allotted Edina by the Metropolitan Council. is proposed to be reserved for administrative expenses, with the remainder, $33,106, proposed to be allocated and distributed to eligible applicants. recalled that during Phase I, all home improvement grant recipients must have an adjusted gross income of $5,000 or less, but that during Phase I1 the emphasis on - funding for elderly recipients has been reduced and the M.H.F.A. is now encourag- ing funding for -families and physically handicapped individuals. cussion being heard, Councilman Courtney offered the following resolution and moved its adoption: He pointed out that 5% of that amount Mr. Hughes I No further dis- RESOLUTION AUTHORIZING APPLICATION FOR M-H.F.A. HOUSING REHABILITATION GWT FUNDS WHEREAS, the-Ninnesota Housing Finance Agency, State of Minnesota, has been author- ized to undertake a program to provide grants of funds io property owners €or the parpose of housing rehabiittation; and SGIEREAS, The City of Edina has developed an application as an Admhistering Bntity for the Minnesota Housing Finance Agency Kome Iinprovement Grant Program; and ITIEREAS, the City of Edina has demonstrated the ability to perform the required 7/11/77 activities of the Minnesota Housing Finance Agency Home Improvemsnt Grant Pro- gram; MOW, THEREFORE, BE IT RESOLVED that the City of Edina is hereby authorized to make application to the Minnesota Housing Finance Agency for a grant of funds prtrsuant to the Home Improvement Grant Program; and BE IT FURTHER RESOLVED that the City of Edina is hereby authorized as an :entity Minnesota Housing Finance Agency Home Improvement Grant Program, .in the City of Edina . Motion for adoption of the resolution was seconded by Councilman Richards. 'to be charged with the administration of funds made available through the Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. EMERGENCY SERVICE NEEDS FOR EDINA RESIDENTS DISCUSSED. Councilwoman Sclunidt advised that The Advisory .Health Board has set up a bylaws committee and that they will be reviewing the subsidy applications for next year. also that more opposition is building up for House File 1 which calls for the revision of tlie Community Health Services Act and that she will keep the Council advised as to developments. Councilwoman Schmidt said that she had been advised that S.T.E.P., an agency in St. Louis Park, had been receiving calls for food, clothing and transportation for Edina residents and that Marcia Mohr had been contacted by the Director of S.T.E.P. who suggested a meeting to consider the expansion of S.T.E.P. into Edina. Councilwoman Schmidt recommended that the Council direct South Hennepin Human Services to appoint a "Needs Committee" that could work with the Edina Ministerial Association to determine the need for such an agency in Edina. She clarified that such a program need not be funded by the City. Commissioners, advised that Hennepin County does have an emergency service which is manned 24 hours a day by some 500 volunteers and suggested that calls be referred to them. It 57as generally decided that if calls come in during the day for emergency assistance (other than medical, fire and police emergencies) they would be referred to H.E.L.P. during the day and to Hennepin County between 4:15 p.m. and 8:15 a.m. Councilwoman Schmidt said that she would contact the various agencies and the Ministerial Association to find out where Edina residents are being referred tcr for ZssLstance. She advised Mr. Richard,Kremer, Edina's representative on the Hennepin County Board of Ho formal acticn w2s tskzrr. YELLOW TAXI COI4PANY SHARE P-%JD RTDE PROPOSAL STUDIED. Xr. Eyde called Council's attention to aproposal of the Yellow Taxi Company for a "Share and Ride" program which would serve Richfield, Bloomington and Edina at off-peak with the understanding that the passenger must agree to share the cab, be ready for at least one hour and stay within the Service area. proposal has been presented to the Edina Advisory Transportation Committee,and that they had imanLmousiy recommended that it be presented to the Council. Mr. Hyde emphasizd that funding would be through a legislative grant of $4,000,000 and would be an attempt to develop a type of para-transit which would be compar- itively low priced. As recornended by Mr. -Hyde, Councilman Courtney offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Comcil endorse the concept of the Share and Ride proposal of Yellow Taxi Company. Motion for adoption of the resolution was seconded hy Councilwoman Schmidt. Councilman Richards said that the idea is good in concept but that he would want the full facts before the City gives its full endorsement, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. hours He advised that the RESOLUTION TAX INCREMENT DISTRICT IMPLEMENTATION DISCUSSED, Mr. Charles Freeberg, Chairman of the H.R.A.; requested a clarification of action taken by the Council at its meeting of June 20, 1977, as to whether the H.R.A. was to implement or merely make a study of a tax increment district in Southeast Edina. said that it was his understanding that the Council had approved the proposal only on a preliminary basis and had not authorized its implementation. clarified that the Council wants the advice and expertise of the H.R.R., but does not necessarily wish to involve the H.R.A. in an in depth study of the proposed tax increment district. Cwncilxan Richards reqid-cterl t%t the H.R.A. undertake . the study in the most expeditious way possible and bring its recommendations back receipt of the report, the Council will decide vhether to proceed vith the project Mayor Van Valkenburg Mr. Shaw to the Council by the first of September, 1977. The Mayor said that, after .' 7/11/77 212 and whether the Council or the H.R,A, will take over the project if it is auth- . orized. No formal action was taken. ORDINANCE NO. 101-Al CONTINUED TO AUGUST 15, 1973. It was informally agreed to continiie First Reading of Ordinance No. 101-A1 to August 1, 1977. ORDINANCE NO. 31149 ADOPTED ON SECOND RE-ADING. Councilman Shaw offered the fox- lowing Ordinance for Second Reqding and moved its adoption: ORDINANCE NO. 31 1-A9 AN ORDINANCE ANEXDING ORDINANCE NO. 311 PROVIDING FOR DOG ENCLOSURES, THE PICWTING OF DOGS, AND SAXITATION OF DOG -ENCLOSURES FOR PICKETING- AREAS THE CITY COUNCIL OFTHE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Dog enclosure" means any enclosure used for the keeping of dogs and having an area less than 1500 square feet. Section 1 of Ordinance No. 311 is hereby amended by adding the following : Rear yard" shall have the meaning as defined in Ordinance Picket'' shall mean to restrain a dog by means of a chain, attachme& to a fixed object, thereby confining the dog to area. Sec. 2. Section 17 of Ordinance No. 311 is hereby amended 11 11 loxiring : No. 811. leash, or other a determined by adding the fol- "(e) placed in the rear yard no closer than 20 feet from any property line. The area must be screened from view of adjacent property by dense vegetation or fenciqg of 90 percent opaciw. :- In the alternafive; the.-entire:rear 'yard inay be enclosed for the purpose of keeping'the dog. "(f) noise or odor to adjacent property, area closer than 20 feet of a property line. "(g) The owner shall regularly clean yards, dog enclosures, both existing and hereafter constructed, and areas in which dogs are picketed, and shall not permit feces, food scraps, or other odiferous materials to remain for more than 24 hours. Sec. 3. and publication. Xotion for adoptioa cr' the crclinsnce ~u'as seccnded by Counci1;coinan Scbidt. A dog enclosure, both existing and hereafter constructed, shall be No dog shall be picketed in such a manner as to create a nuisance by No dog shall be picketed to occupy the This ordinance shall be in full force and effect upon its passage Xollcall : . Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: Richards Ordinance adopted. &LEY VACATION EBTWEEN PRANCE AND DREW AVENUES AGD BETWEER IJ. 55TH AND CEEETERY HEARING DATE SET. Beiag advised of a petition for the vacation of an alley be- tween France and Drew Avenues and between l?. 55th Street and the South Side Heb-. rew Burial Association property, Councilman Richards offered the following reso- lution and moved its adoption setting hearing date for August 15, 1977: XESOLUTION CALLING PUBLIC HEAXING Ot? ALLEY VACATIGB BE IT RESOLVED by the City Council of the City of Bdina, Hennepin County, Minne- sota, as follows: I. of land abutting thereon that the followi.ng described alley €or vacation, in accordance with the provisions of Minnesota Statutes, Sections 412,851 and 160.29: It is hereby found and determined after receipt of the petition of owners' should be considered That part of hodbury Park Near Lake Harriet, according to the plat on file in the office of the Register of Deeds in and Eor Hennepin County,. Minnesota, in Book 101 of Plats, Page 19, described as follows: The 20 foot wide alley and that portion of Drew Avenue lying East of the East line of France Avenue, West of the Southerly extension of the West line of Lot 5, Block 7, Woodbury Park Near Lake Harriet, South of the South line of Blocks 6 and 7, Woodbury Park Near Lake Harriet and its Easterly extension, and North of the Southerly boundary of the plat of said. Voodbury Park Near Lake Harriet ; 2. included in paragraph 3 hereof for the purpose'of holding a public hearing on whether sach alley vacation shall be in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and yrpose of said hearing tn be nublished once a week for two T.r?eks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date prior to the date of such hearing, in at least three (3) public and conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. This Council shall meet at the time and place specified in the Sorn 02 notice Such nokice shall be in substantially the following form: I 7/11/77 .. 213 (Official Publication) l\IOTICE OF PUBLIC HEARING HJ?JWCE"N COUNTY, MINNESOTA ON ALLEY VACATION IN THE CITY OF EDINA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Miimesota, will meet at the Edina City Hall on August 15, 1377, at 7:OO p.m. , for the purpose of holding a public hearing on the proposed vacation of the f ollowing alley : That part of Woodbury Park Near Lake Harriet, according to the plat on file in the office of the Register of Deeds in and €or Hennepin County, Minnesota, in Book 101 of Plats, Page 19, described as follows: The 20 foot wide alley and that portion of Drew Avenue lying East of the East line of France Avenue, West of the Southerly extension of the West line of Lot 5, Block 7, Woodbury Park Near Lake Harriet, South of the South line of Elocks 6 and 7, Woodbury Park Near Lake Harriet and its Easterly extension, and North of the Southerly boundary of the plat of said Woodbury Park Near Lake Harriet. All persons who desire to be heard with respect to the question of whether or not the above proposed alley. vacation is in the public interest and should be made shall be heard at such time and place. to which such proposed alley vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the auth- ority of any person, corporation, or municipality owning or controlling electric or telephone poles and lirres, gas and sewer lines, or water pipes, mains, and hydrants on or ilnder the area of the proposed vacation, to continue maintaining the same or to enter upon such alley or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specify- ing, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to naintain, and to enter upon the area of the proposed vacation shall continue. Dated July 11, 1977. BY ORDER OF THE CITY COUNCIL i The Council shall consider the extent 03 m [z a a I<e Florence B. Hallberg City Clerk Motion for adoption of the foregoing resolution was duly seconded by Councilman S haw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: %ne Resolution adopted. TAX FORFEITED LANDS DECLARED "NON-CONSERVATION AND FOR SALE"; ACQUIRED BY CITY. No. "652-NCJf, together. with the recommendation that the City acquire certain pro- perties listed thereon. resolution and moved its adoption: WHEREAS, the City Council of the City of Edina, Hennepin County, Minnesota has received from the County Finance Division Manager of Hennepin County, Minnesota, a list of lands in said City which became the property of the State of Minnesota under the provisions of law declaring the forfeiture of lands to the State for non-payment of taxes, which said list has been designated as Classification List "652-NC"; and WHEREAS, each parcel of land described in said list has heretofore been classi- fied by the Board of County Commissioners of Hennepin County, Minnesota as non- conservation land and the sale thereof has heretofore been authorized by said Board oE Commissioners : - NOW, TI-IEREFORB, BE IT RESOLVED, by said City Council, acting pursuant to Minnesota Statutes, 1957, Section 282.01, Subd. 1, that the said classification by said Board of Courity Commissioners of each parcel of land described in said list as non-conservation land be and the same is hereby approved and that the sale of each such parcel of land be and the ssme is hereby approved. Moti.on for adoption of the Resolution was seconded by Councilman Richards. SOME TO BE Mr. Hyde presented Hennepin County Land Commissioner's List Councilwoman Schmidt thereupon offered the following RESOLUTION - . Roll.cal1: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. I Counc.ilwoman Schmidt then offered the following resolution and moved its adoption approving acquisition of tax forfeiced lands as listed in Hcnnepin County Finance Division Manager's Zict "652 ?Cf: RESOLUTION APPR.OVING ACQUISITION OF TAX FORFEITED LANDS BE IT RESOLVED by the City Council of the City of Edina that the City Attorney be authorized and airected tb file 'fApplication iy Governmental Subdivision for Con- I 7/ 11/77 ve9kce- of Tax Forfeited 'Lands", for the following described property contained in' 'rennepin County Finance Division Planager's List %52-NC1', said property to be usid by the City of Edina as hereinafker set forth: 'Flat 73520, Parcel 0430 (1969) - The East 75 feet of the West 423 feet of the . . North 1/2 of the South 1/2 of the North 1/2 of the Southwest 1/4, df the Northwest P,':2t 76963, Parcel 8800 (1968) - Outlot I, Scenic View Second Addition - for Street Right-of-Vay Purpose; Plat 63963, Parcel 9000 '(1968) - Outlot 2, Scenic View Second Addition - for Ponding Purpose; Plat 769631Parcel 9200 (1968)- Outlot 3, Scenic View Second Addition - for Park Purpose, , Motion for adoption of the resolution was seconded by Councilman Richards. . l/4, S. 20, T. 28, R. 24 : For Creek Flowage, Frontage and Open Space I ' Rollcall : - -1 Ayes: Nays: .None Resolution. adopted. Courtney, Wchards , Schmidt; Shaw, Van Valkenburg .. RALFH E. JOHNSON NAKED CITY ASSESSOR. Bfr. Hyde advised Council of the appoint- ment of Mr. Ralph E. Johnson to succeed Mr. Swanson as City Assessor. He advised that Mr. Johnson is certified at the present time and will be accredited by 1981. Councilman Courtney thereupon offered the following resolution and inoved its'. adoption : RE SOLUTION Xf3EREAS, Kent P. Swanson served the City of Edina from September 28, 1964; and T.JHEREAS, on April 1, 1970, Mr. Swanson was promoted to the position of City Assessor; and l?HEREAS, Kent I?. Swanson was knowledgeaU.le in his field and served the City of . Edina with dedication and integrity; and WHEREAS., on July 8, 1977, Kent P. Swanson resigned his position as Assessor for. the City of Edina to enter private enterprise; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby express its appreciation to KENT P. SWANSON for his years of dedication to the City of Edina and does extend.its very best wishes for success in the year- to come. Motion for adoption of the resolution was seconded by Councilman Shaw and unani- xously znrried. LIQUOR FUND AS OF NAY 31, 1977, was presented b;r Mr. Dalen, reviewed and ordered placed on file by motion OT Councilman Richards, seconded by Councilman Courtney. n L.r , Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg <' Nays: None Resolution adopted. CLAIMS PAID. czrried for payment of the following claims as per Pre-List: General Fund, . $96,753.41; Poor Fund, $275.30; Park, $6,013.23; Art Center, $175.65; Park . Construction, $3,919.00; Pool, $3,347.05; Golf, $11,951.50; Recreation Center, $2,991.51; Gun Range, $1,077.80; Waterworks, $11,644.73; Sewer, $6,867.04; Liquor, $143,870.30; Construction, $19,780.11; Total, $308,666.63. Xotion of Councilman Courtney was seconded by Councilman Shaw and Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg nays: None Motion carried. .7 The agenda having been covered, Councilman Shawls motion for adjournment was seconded by Councilwoman Schmidt and carried. Adjournment at 8:50 p.m.