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HomeMy WebLinkAbout19770815_regularI MINUTES 23'3 OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 15, 1977 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and lfayor Van Valkenburg. MINUTES of August 1, 1977, were approved as submitted by motion of Councilwoman Scliniidt, seconded by Councilman. Courtney and carried unanimously. PUBLIC HEARINGS CONDUCTED ON VARIOUS ASSESSMENTS. sented by Clerk, approved as to form and ordered placed on file. The Mayor Affidavits of Notice were pre- announced that legal notices had riot been published in time day notice now required by law. He explained that all comments would be heard at this meeting and that final action would be taken by the Council on September 12, 1977. Actlon was then taken as hereinafter recorded. to give the-thirty A. STREET IMPROVEbENT NO. BA-202 IN THE FOLLOWING: Dovre Drive from Parkwood Lane to Lincoln Drive Mr. Hyde presented Analysis of Assessment showing total construction cost of $100,987.65 proposed to be assessed against617.61 assessable feet at $21.00 per foot (for Nine Mile North 2nd Addition only) and against 408 assessable building sites at $215.73 per site, against estimated assessment of $25.00 per assessable foot for Nine Mile'North 2nd Addition and $260.00 per assessabie building site. No objections were heard and none had been received prior thereto. (See motion BB a U ' b later in Minutes.) B. STREET IMPROVEMENT NO. BA-206 IN THE FOLLOWING: Parkwood Lane from Londonderry Road to North line of Parkwood Knolls 19th Dovre Drive from East line of Parkwood Knolls 19th Addition to West line of Field Way from East line of Parkwood Knolls 19th Addition to Parkwood Lane Mr. Hyde presented Analysis of Assessment showing total construction cost of $39,945.24, proposed to be assessed against 36 assessable lots at $1,109.59 per lot, against estimated assessment of $1,517.12 per assessable lot. were heard and none had been received prior thereto. C. STREET IMPROVEMENT NO. BA-208 IN THE FOLLOWING: Addit ion Parkwood Knolls Addition No objections (See motion later in Minutes.) Lanhan Lane fro= South line of M.P. Johnson's Prospect Hills 3rd Addition to Fleetwood Drive Xr. Hyde presented Analysis of Assessment showing total construction cost at $22,668.39, proposed to be assessed against 18 1/3 assessable lots at $1,236.48 per lot, against estimated assessment of $1,407.95 per lot. Eo object3-ons were heard and none had been received prior thereto. (See motion later in Mtnutes.) D. STREET IMPROVEMENT NO. BA-212 IN THE FOLLOWING: Dale Avenue from W. 56th Street to W. 57th Street Mr. Hyde presented Analysis of Assessment showing total construction cost at $9,779.06, proposed to be assessed against 1,058.34 assessable feet at $9.24 per foot against estimated assessment of $21.48 per assessable foot. were heard and none had been received prior thereto. McCauley Terrace from McCauley Trail East to cul-de-sac Mr. Hyde presented Analysis of Assessment showing total construction cost at $8,430.58, proposed to be assessed against 574.29 assessable feet at $14.68 per foot against estimated assessment of $19.43 per assessable foot. Mr. Dunn assured Mr. Richards that this assessment has no effect on McCauley Heights 7th Addition. No objections were heard and none had been received prior thereto. (See motion later in Minutes.) F. STREET IMPROVEMENT NO. BA-216 IN THE FOLLOWING: Glasgow Drive from W. 78th Street to cul-de-sac Mr. Hyde presented Analysis of Assessment showing total construction cost at $12,298.68, proposed to be assessed against 12 lots at $1,024.89 per assessable lot, against estimated assessment of $1,204.63 per assessable lot. were heard and nonehad been received prior thereto. G. WATERMAIN IMPROVEMENT NO. WM-270 IN THE FOLLOWING: No objections (See motion later in Minutes.) E. STREET I~RO'JEM~NT NO. ~~-215 IN THE FOLLOWING: No objections (See motion later in Minutes.) Easement line from Fabri-Tek, Inc., to Lincoln Drive at South line of Nine Lincoln Drive from South line of Nine Mile North Addition to North line of Don- Lincoln Drive from Londondcrry Drive to South line of Nine Mile North Addition. Mr. Hyde presented Analysis of Assessment showing total construction cost at $93,818.38, $36,800 of which has been charged against Grading Improvement No. C-112. The remaining cost of $84,556.12 is proposed to be assessed against 2,534,150 square feet for the trunk assessment at $0.0225 per square foot and against 92 units for the lateral watermain assessment at $400 per connection. Estimated assessment Mile Xorth Addition; Car properties 8/15/77 240 had been given at $0.0496 per square foot (with no lateral assessment). ions being heard, Councilman Richards' motion continuing Street Improvements Nos. BA-202, BA-206, BA-205, BA-212,BAF215, BA-216 and Watermain Improvement No. WM- 270 for-final vote on September 12, 1977, was seconded by Councilman Courtney. No object- Ayes: Courtney, Richards, Schmldt, Shaw, Van Valkenburg Nays: None Motion carried. E. WATERMAIN IIPROVENENT NO .' WM-301 IN THE FOLLOWING: Easenent Line West 75th Street and West 74th Street from York Avenue to York York Terrace from West 74th Street to West 75th Street Easement line from W, 74th Street to W. 75th Street between Xerxes Ave. and York Terrace Mr. Hyde recalled that WatennainlImprovement No, Wt4-301 and Sanitary Sewer Improve- ment KO. S8-330 had been continued from July 18, 1977, to give Mr. Wayne Sanders. an opportunity to write a letter to the Council with any other suggestions as to how the improvement could be assessed (other than paying for it from General Funds), and to give all residents an opportunity to indicate whether they wished to assessment to be spread over a 10 or a 20 year period of time. Nr. Hyde said that six responses had been received, all indicating that they wished the improve- ments to be spread over a 20 year period. Mr. Wayne Sanders,7425 York Terrace reiterated his remarks made at the meeting of July 18, 1977, objecting that if both pipes could have been put in the same trench, the total cost would have been less costly. He offered no alternate method of spreading the assessment. Mr. Dunn pointed oct that six other property owners had been advised of the assessment hear- ing ad that none had chosen to attend this meeting. whereupon.Councilman Snaw offered the following resolution and moved its adoption: Terrace I I. SANITARY SEIJER IMPROVEMENT NO. SS-330 IN THE FOLLOWING I No :further objections were heard, RESOLUTION ORDERING ASSESSHENT FOR WATERMAIN IMPROVEMENT NO. WM-301 AND SANITARKSEWER NO. SS-330 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. The City has given notice of hearings as required by 12w on the proposed assessment rolls for the improvements hereafter referred to, and at such hearings held on Jdy 18 and August 15, 1977, has considered all oral and written objections presented against the levy of such assessments, che office of the City Clerk for Watermain..Improvement No. WM-301 and Sanitary Sewer Improvenient No. SS-330 does not exceed the local benefits conferred by said 2nprovemeDts upon the lot, tract of parcel of land as the proper assessments on accocnt of s2id respective improvements to be spread against the benefited lots, parcels and tracts of land described therein. 3. . The assessments shall be payable in 20 annual installments, the first of said installmsCs, together with interest at the rate of 5% per annum on the entire assessment m'ron the date hereof to December 3, 1978, to be payable with the general taxes payable in 1978, The number of such annual installments shall be as I) 2. Each of the assessments as set forth in the assessment rolls on file in . follows: Installments Interest Rate Watermain Improvement No, WM-301 20 5% Sanitary Sewer Improvement No. SS-330 20 5% 4. The City Clerk shall forthwith prepare and transmit to the County Auditor a copy of this-resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separately, to be extended on the tax lists in th2 County in accordance with resolution. 5. The Clerk shall also mail notice of any special assessments which may be pay- able by a county, by a political subdivision or by the owner of any right of way, as required by Minnesota Statutes, Section 429.061, Subdivision 4, and if any such assessaent is not paid in a single installment, the City Treasurer shall arrange for collection thereof in installments, as set forth in said section. Motion for adoption of the resoiution was seconded by Councilwoman Schmidt. 8 Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. P SR-4 ZONING APPROVED FOR 51ST AND FRANCE AVE.; ORDINANCE NO. 811-A102 GRANTED FIRST READING. and ordered placed on file. agement Division for a zoning change from R-l.Residentia1 District to SR-4 Senior Residence District for the Southwest corner of W. 51st St. and France Ave. as recommended by the Planning Commission and the staff. He recalled that approximately one year ago, the Council had denied a proposal for a 45 unit apartment building on the site and subsequently adopted Ordinance No. 811-A87, which ordinance established the Senior Citizen Residence District. Yx. Hughes Affidavits of Notice were presented by Clerk, approved as to form Mr. Hughes presented the petition cf Rainbow Man- .. 8/15/77 pointed out that the building proposed for the site by Rainbow Management calls for a four story building with 40 units, whereas Ordinance No. 811487 would permit only 32. is not a "planned residential" type of zoning and that approval, therefore, would not give approval to the specific development presently proposed. it would allow development of the subject property for elderly housing purposes under the conditions and standards contained in the ordinance. advised that the staff and Planning Commission had recommended approval of the zoning request for the following reasons: the 50th and France Redevelopment Plan; Edina's achievement of its housing allocation requirements; use achieves a portion of the City's Housing Assistance Plan. advised that approval should be contingent on bus shelter and bus stop; for Section 8 funds. it clear that in approving the zoning, the Council would not be approving any particular building plan. Mr. Mike Florell, representing Henningson, Durham & Richardson of Minnesota, Inc., presented'site plans for a 45 unit building with 20 underground.parking stalls, a 1,250 square foot community room on the first level and 100 square foot dayrooms on each floor. while he did not object to the proposed land use for the site, he was concerned that the first plan to come in under the new Senior Housing Ordinance should require wide variances. Mr. William Phillips of The Lanterns suggested that Council delay making a decision until a committee could be appointed to make a recommendation as to whether or not the City, rather than a private company, might manage the facility. He mentioned other municipalities which have taken over con- struction and management of similar projects. Mayor Van Valkenburg recalled that the Housing Needs Committee had not recommended such a function by the City and that there is already too much government in areas which could be run by private enterprise. units would rent from $200 on up. with some units being subsidized. In response to comments to the audience made by lisl Givens, Mr. Frank Hennepin Coleman, 5741 York Ave. S., and Mr. H. C. Hoag, 5136 Gorgas Ave., spoke in favor of the proposal. Mr. Owen Wynn, 5104 Gorgas Ave., objected that he would have a four story building so close to his back yard, City Attorney Erickson advised that the H.R.A. would be the governmental agency, and not the City Council, to take over any Senior Housing. project area for the redevelopment Plan at 50th and France, but that he had pre- viously opined to the H.R.A. that the present Plan does not show this kind of use or this kind of density on that site and that he had recommended that the Plan be amended if this type of use and density should go on the site. Councilman Courtney assured Mr. Phillips that he would contact the mayors of Mankato and Rochester to find out how tb.eir participation in Senior Housing had worked out. Council gen- erally expressed concernas tothe extent of the variances which would be required for the plan as proposed by Rainbow Management Division. that the site under consideration is an appropriate use for Senior Housing, but emphasizing that the forty unit building is not under consideration at this hear- ing, Councilman Courtney offered Ordiaance No. 811-A102 for First Reading as rollows : 1 He said that it is important to note that the rezoning requested Rather, Mr. Ilughes 1) The rezoning is consistent with 2) The proposed land use will aid in 3) The proposed land Mr. Hughes also 1) construction of the proposed 2) an approved landscaping plan; and In response to questions of the Council, Mr. Hughes made 3) HUD approval Councilman Shaw advised that, m m r- U a a Ms. Roxanne Givens of Rainbow Management Division said that the He recalled that the site in question is within the Stating that he believed . ORDINANCE NO. 811-A102 A?X ORDINANCPY AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY TO SR-4 SENIOR RESIDENTIAL DISTRICT FXOM SINGLE FAMILY RESIDENTIAL DISTRICT Paragraph 2 of Section 12 of Ordinance No. 811 of the City is THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. amended by adding the following thereto: "The extent of the Senior Citizen Residence District (Sub-District SR-4) is enlarged 'sy the addition of the following property: The North 72 feet of the East 143 feet of Lot 56, Auditor's Subdivision No. 172, except that part described as follows: Beginning at the Northeast corner of said Lot 56; thence South along East line of said Lot, 76.62 feet; thence North- +westerly 68.29 feet along a curved line concave to the South- west, having a radius of 43.5-feet and being tangent to East line of said Lot; thence West: in a straight line, tangone t0 . last described curve, 26.83 feet; thence Northwesterly 77.66 feet on tangential curve to right, having radius of 130 feet: to intersection with Vest line of East 143 feet of said Lot: 56; thence North along said West line., 11.14 feet to North line of said Lot; thence East along said North line 143 feet to beginning, . arid The South 60 feet of the East one-half of Lot 56, Auditor's Subdivision No. 172, except the West 155 feet thereof; and 8/15/77 That part of the East 135 feet of Lot 58, lying North of the South 66 feet thereof, Auditor's Subdivision No. 172; and 242 That part of Lot: 58, Auditor's Subdivision, No. 172 and that part of the Northeast Quarter of the Southeast Quarter in Section 18, Township 28, Range 24, described as: Beginning at intersection of East line of said Northeast Quarter of the South- east Quarter with the extension East of the South line of said Lot 58;.thence West along extension of the South line of said Lot 58 and*along the South line of Lot 58, to a point 165 feet Nest of the East line of said Northeast Quarter of the Southeast Quarter; thence North parallel to the East line of said Dortheast Quarter of the Southeast Quarter, 66 feet; thence East parallel to the South line of said Lot 58 and its extension, 165 feet to the East line of shid Northeast Quarter of the Southeast Quarter, thence South along said East line, 66 feet to the point of beginning (which is in Sub-District SR-4). This ordinance.shal1 be in full force and effect upon its passage Sec. 2. aad publication. BJXW RIDGE ESTATES GRANTED PRELIMINARY PLAT APPROVAL AND R-1 ZONING. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented preliminary plat for Blake Ridge Estates, along with a peti- tion of Oliver Development Co. for zoning change from PRD-3 Planned Residential District to R-1 Single Family Residence District as recommended by the Planning Commission. ing that Lots 2 and 3, Block 1, Green Hills of Edina, (located South of Vernon Avenue and West of Olinger Blvd.) be rezoned for single family development and advised that the Planning Commission had recommended approval of the plat and the zoning, based on the following contingencies: be froin Olinger Circle; no driveway curb cuts will be allowed OR Olinger Blvd; 2) Submission of all easement agreements to the City for review and approval prior to final approval; such easement agreements must address maintenance, under- standir,gs and use of the easement by residents of the townhouses ar,d single family dwellings; for the easement area prior to final approval; 4) An executed Developer's Agreement; 5) A grading permit from the Nine Mile Creek Watarshed District; and 6) Vacation and/or realignment of existing utility easements on the subject property. Egii Wefald, 6063 Blake Ridge Road, representing Blake Ridge Town House residents, was assured by Mayor Van Valkenburg that the final plat would not be approved- un- til the contingencies recommended by the Planning Commission had been met. Alison Fuhr, 6609 Brittany Road, was told by Mr. Harold Posnick, partner inOliver Development Co., that the soil has been tested and no water problems will exist . after the land has been graded and filled. Councilman Courtney thereupon offered the following resolution and moved its adoption: He clarified that the present owner of the property is now request- 1) Access to all proposed lots must 3) Submission and approval of the City of a suitable landscaping plan Mr. Mrs. RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL BLUE RIDGE ESTATES BE IT RESOLVED by the Edina City Council that that certain plat entitled "Blake Ridge Estates", platted by Oliver Development Company, and presented at the Edina City Coumil Meeting of August 15, 1977, be and is hereby granted preliminary plat approval, subject to condLtions set forth by the Planning Commission: Motion for adoption of the resolution was seconded by Councilwomazl Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilman Courtney then offered Ordinance No. 811-A103 for First Reading as follows : ORDINANCE NO. 811-A103 BY REZONING PROPERTY FROM PRD-3 PLANNED RESIDENTIAL DISTRICT AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO R-1 SINGLE FAMILY RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the R-1 Single Family Residential District is enlarged by the Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto : addition of the following property which is removed from the PRD-3 Planned Residential District: Lots 2 and 3, Block 1, Green Hills of Edina, which is in Sub-District This ordinance shall be in full force and effect upon its passage R-1. . Sec. 2. and publication. 8/15/77 CD m r- e a 5 MUENlfORST CORPORATION REQUEST FOR C-l. ZONING CONTINUED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Hughes presented the located on the Northwest quadIant of W. 76th Street and France Avenue from PID Planned Inclustrial District to C-1 Commercial District. He clarified that the request for the zoning change has been made so that a restaurant could be built &rid that the staff and Planning Commission (in a split decision) had recommended . rezoning be denied. letter that either an ordinance amendment providing for special use permits or an amendment to the Zoning Ordinance allowing restaurants in the Planned Industrial District are both legal alternative. ing to the C-1 Commercial District with a simple condition that the site only be used for restaurants would not be binding or advisable. the Planning Commission had recommended against the zoning change because 1) the request is inconsistent and not in conformance with the South Edina Plan; 2) the requested C-1 zoning provides no assurances that the property will be used only for restaurant purposes and allowable C-1 uses would be undesirable from a land use and traffic standpoint; 3) adequate sanitary sewer capacity is not available . for the proposed land use; and 4) the requested rezoning would set a precedent for strip comercial development on vacant land abutting France Ave. which pre-i cent would not be in conformance with the concepts of the South Edina Plan. Mr. Peter Jarvis of Bather, Ringrose & Wolsfeld, Inc.,showed area maps which indicated surrounding area land use and emphasized that this type of development is normally found in Planned Industrial Parks all over the country' and that there is a real need for a restaurant in this location. He pointed out that the traffic generated by sit down restaurants is higher during the breakfast and dinner hours and would complement the current traffic on France Ave. Mr. Jarvis concluded that if an office building is constructed (in conformance with current zoning) approxi- mately 260 additional trips per hour will be added to the existing 1,960 vehicles per hour on France Ave. between 4:OO and 5:OO p.m., while restaurant use would generate minimal traffic during that period. He added that there would be no curb- cut on France Ave., and that, in addition, land would be dedicated to Hennepin County to construct a right turn lane on France Ave. just North of W. 76th Street. Mr. Hyde questioned the precedent of allowing a restaurant on France Ave. at this location and expressed concern about "strip zoning" along France Ave. Councilman Richards then moved that the hearing on the zoning change and on preliminary plat approval for Normandale Park Addition be continued to September 12, 1977 SO that the Council would have an opportunity to further study the presentations made by Mr. Michael Harmon of General Mills and by Mr. Jarvis. Councilman Courtney. Mr. appeal of Rauenhorst Corporation for rezoning of property Mr. Hughes recalled that the City Attorney had indicated by Mr. Erickson had also advised that a rezon- Council was advised that Motion was seconded by .4yes: Courtney, Richards , Schmidt , Shaw, Van Valkenburg Motion carried. . Nays: None EBEWRDT APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS Affidavits of Notice were presented by Clerk, approved as to form and ordered DENIED AS TO SIGN VARIANCE. placed on file. and Adjustments decision of June 16, 1977, denying their request for a 104% sign area variance for property located at 3250 W. 66th Street. Mr. Hughes explained that Eberhard is proposing to add the words "Property Managers" in the same size letters as the words "Realtors and Mortgage Bankers" on the existing building identification sign. much as it is 81.75 square feet and the Sign Ordinance allows building identifica- tion signs in the Office District to have an area of 50 square feet. The proposed sign would contain 114.75 square feet. that the sign is a brick wall and, as such, is a permanent part of their building. He explained that the additional lettering will add only 4% to the size of the existing sign and that it will be descriptive of a large percentage of Eberhardt's business. Sign Ordinance was seconded by Councilman Courtney. Mr. Xughes presented the appeal by Eberhardt of a Board of Appeals He explained that the existing sign is non-conforming inas- Mr. James Nelson of Eberhardt contended Councilman Richards' motion granting the request for a variance to the Ayes: Richards, Van Valkenburg Nays: Courtney, Schmidt, Shaw Motion defeated. ALLEY EAST OF FWCE AVE. BETWEEN W. 55~~ STWET AND ADATH YESUNG CEMETERY VACATION CONTINUED. form and ordered olaced on file. Affidavits of Notice were presented by Clerk, approved as to Mr. Dunn presented the petition for vacation of the alley which is located immediately East- of France Ave. and between W. 55th Street ad the Adat11 Yesurn Cemetery. Mr. Frank Reece said that he and Mr. Han- son were present to answer any questions and that they represent the oher of the majority of the property that abuts on the North side of the alley and added that the alley to the East has already been vacated. this proposed vacation is prelirninary.to a new plat which is being considered for Mr. Reece explained that 8/15/77 the area. Mrs. Janie Paulus, 3705 W. 55th Street, President of the Jordan Sand- stone Neighborhood Association, expressed concern that the City will not clean up debris in the alley. She said that signers had been assured that this would be done at the time they signed the petition and that she now understands that the City does not have crews available for that purpose. Mrs. Paulus said that, in view of the additional responsibility of cleaning the area, sigcers are no longer in favor of the vacation. She also referred to the additional cost of removing diseased elm trees. Mr. Rosland advised that there are diseased trees in the . area on private property, in the alley and in the cemetery. then moved that the hearing be continued to September 12, 1977, so that the Engineering Department will have an opportunity to investigate the condition of the area. c Councilman Courtney Motion was seconded by Councilman Shaw. Ayes : Courrney, Richards, Schmidt, Sliaw, Van Valkenburg Nays: None Motion carried. MELODY LAKE/T.H. 100 PROBLEMS DISCUSSED. council^'^ attention was called to a letter from Mr. Lou Opperman, 5713 Melody Lane, objecting to the condition of Melody Lake after the T.H. 100 construction. Mr. Opperman spoke of the fact that a dam which was constructed collapsed and was never completely rebuilt. referred to the fact that the lake is rapidly being transformed into a "marshland of weeds" and saaahe has been unable to get any satisfaction from the Btate Dept. of Transportation. immediate action be taken to restore the lake to its original condition. Mr. Dunn read a letter from Mr. William Crawford, State Highway District Director, advising that the frontage roads will belong to the State until November 1, 1977, at which time they will be turned back to the City. W. G. Bredesen, both of Normandale Court, supported Mr. Opperman in his appeal that the lake be improved. He He presented a petition signed by neighbors requesting that Bfr. Ed Anderson and Mr. Mr. Bredesen said that he would provide the Engineer with pictures that show the condition of the lake. He added that could fish in the lake but that now they can hardly row a boat in man Courtney then offered the following resolution as recommended Manager and moved its adoption: T?HEREAS, citizens and property owners in the Melody Lake area are cerned about the present condition of Melody Lake; and RESOLUTION -mE?s , dition o WHEREAS , residents once . it. Council- by the City very much con- it is alleged by these citizens and property owners that the present con- a number of agencies (among them the Minnesota Department of Transporta- tion, the Minnesota Department of Natural Resources, the Nine Mile Creek Water- shed District, the Minzzehaha Creek Watershed District and the City of Edina) have been involved in the planning, T.H. 100 project as it affects Melody Lake; and IJIIEREAS, it appears to the City Council of the City of Edina that the Minnesota Department of Transportation as constructing agency with full responsibility for the project area until November 1, 1977, should take the lead in the determination of and correction of problems with Melody Lake that do exist or may be expected to develop as a result of the T.H. 100 reconstruction; NOW, THEREFORE, BE IT RESOLVED that the Minnesota Department of Transportation assume the responsibility for bringing together interested citizens, property own- ers and all involved agencies so that a determination can be made of the effect of the T.H. 100 reconstruction on Melody Lake presently and in the future and appropriate measures instituted to correct existing problems and prevent future problems; and BE IT FURTHER RESOLVED that the date of transfer of T.H. 100 from the State of Minnesota to the City of Edina be postponed until after such problems have been alleviated; and BE IT RIZSOLVED FURTHER that copies of this! resolution be transmitted to the Minne- sota Department of Transportation, the EEnnesota Department of Xatural Resources, the Nine Mile Creek Watershed District, the Minnehaha Creek Watershed District, the Office of- the Attorney General and to Representative Mary Forsythe. Motion for adoption of the resolution was seconded by Councilman Shaw. f Melody Lake is a result of the T.H. 100 reconstruction project; and approvals and supervision of construction of -the I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Res olut ion adopted . EDINA INDUSTRIAL BLVD. STREET NAME CHANGE HEARING DATE SET. Council's attention was called to a petition for street name change for Edina Industrial Blvd. to "Hotel Boulevard". 19, 1977, was seconded by Councilwoman Schmidt. Councilman Shawls motion setting hearing date for September Ayes: Courtney, Schmidt, Shaw, Richards, Van Valkenburg Nays: None Motion carried. 8/15/77 DOVRE DRIVE AS ONE-WAY STREET QUESTIONED; Mr. Hyde presented a petition requesting removal of one way traffic on Dovre Drive. The petition was referred to the Traffic Safety Committee by motion of Councilman Courtney, seconded by Councilwoman Schmidt. REFERRED TO TRAFFIC SAFETY COMMITTEE. 1 ~ Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt , Shaw, Van Valkenburg UNDERGROUND WATERING SYSTEM BID AWARDED. Mr. Hyde presented tabulation of bids for irrigation systems at Garden Park, Lake Edina Park and Pamela Park showing Aqua City Irrigation, Inc., at $25,374.00, Dale Sorensen Company, Inc., at $26,528.00, Evergreen Lawn Sprinkler Co., Inc., at $29,160.00 and Metro Engineer- ing, Inc., at $32,990.00. Councilman Courtney's motion for award to recommended low bidder, Aqua City Irrigation, Inc., was seconded by Councilman Shaw. Ayes : Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PUBLIC VORKS DEPARTMENT VEHICLE BIDS CONTINUED TO NEXT MEETING, As recommended by Mr. Hyde, Councilman Courtneyts motion was seconded by Councilwoman Schmidt, continuiag bids for the tractor loader, two dump trucks and a sewer cleaning machine until September 12, 1977. - Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg PARK FENCING BID AWARDED TO CROWN IRON WORKS. Councilman Shaw's motion for award of bid for fencing for Lake Edina and Garden Park in the amount of $9,931.00 was seconded by Councilwoman Schmidt. had also been received from Century Pence Company in the amount of $10,684.00.) As recommended by Mr. Hyde, (Bids . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. NOISE ABATEMENT WALL IN AREA OF 62ND STREET AND RYAN AVENUE CANCELLED. Hyde reported that results of his letter to residents living in the area of 62nd Street and Ryan Ave. had indicated that 27 residents objected to construction of the noise abatement wall, with 4 favoring the wall. As recommended by Mr- Hyde, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION WHEREAS, construction plans for Trunk Highway 100 between 74th Street and Valley View Road, which included the installation of a 12' high wall to be constructed between the off-ramp from Westbound Crosstown Highway to Northbound Highway 100, for a distance of 350' Northwesterly from 62nd Street, were approved by the Edina City Council on March 21, 1977; and WHEREAS, this wall had been contemplated by plans of the Minnesota Department of Transportation which were fully explained to property owners at an informational meeting on January 30, 1975; and WHEREAS, after construction work which will include the noise abatement wall started about July 5, 1977, affected residents requested that the City of Edina reconsider its approval of the construction plans; and WHEXEAS, a poll of 36 residents who would be directly or indirectly affected by the construction of the wall resulted in 27 of the residents signing the follow- ing statement: that if it is not built the State Department of Transportation will not consider later requests for noise abatement facilities in this area", with only 4 favor- ing having the noise wall constructed as originally proposed; NOW, THEREFORE, BE IT RESOLVED, that, in view of the feelings of a significant majority of the affected residents, the City Council of the City of Edina does direct the Mhnesota Department of Transportation to delete this noise abatement wall from the construction. Motion for adoption of the resolution was seconded by Councilman Shaw. Mr. "I do not desire to have the noise wall constructed, realizing Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. TRAFFIC SAFETY COMMITTEE MINUTES OF AUGUST 9, 1977, APPROVED. Councilwoman Schmidt moved that the "NO Parking Any Time" sign installation on both sides of York Ave. between W. 66th Street and 1-494 be approved, that the remainder of the Traffic Safety Committee Minutes of August 9, 1977, be accepted, and that handicapped parking for City Hall be investigated. Motion was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 8/15/77 246 -1 RETIREMEKT POLICY CONTINUED.TO SEPTlDfBER 19, 1977, Councilman Shaw's motion continuing discussion cn the City's Retirement Policy As recommended hy Mr. Hyde, J until September 19, 1977, was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MANAGENENT STUDY UPDATE REPORT ACCEPTED. a report by Chief Craig Swanson on the progress of the implementation of the Man- agement Improvement Plan which resulted from the study conducted by Cresap, McCormick & Paget. by Councilman Richards. Mr. Hyde called Council's attention to I Councilman Courtney's motion accepting the report was seconded Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. FAIRVIEW SOUTHDALE HOSPITAI, FINANCING CONTINUED, that he and Nr. Dalen had met with Mr. Kirby Erickson and Mr. Carl Platou, President of Fairview Southdale Hospital, to discuss the possibility of the City assisting Fairview Southdale Hospital in the re-finanoing of its current long- term debt through the sale of municipal bonds. Mr. F. Robert Larson, Vice Presi, dent for Finance for the hospital, referred to outstanding bonds to be refinanced by the hospital, showing a total debt of $16,559,152. Councilman Shaw.recalled that the City of Rochester, Minnesota, is presently doing something similar for St. Mary's Eospital and suggested that Council look into certain questions and obtain additional information from the City of Rochester as to the acceptance of their bonds. talwould be responsible for .my expenses incurred by the City, including compensa- tion for time spent by the City Manager and the Finance Director, in making a primary analysis of the proposal. Mr. Hyde expressed concern about the affect of the bonds on the credit rating of the City and said that much additional informa- tion would be needed to evaluate the feasibility of the proposal, and stressed the importance of protecting the tax exempt status of nunicipal bonds. Richards motion was then seconded by Councilwoman"Schmidt, authorizing the staff to work with Fairview Southdale officials in developing a preliminary analysis of the proposal, with the understanding that the hospital be responsible for all expezlses incurrred by the City, including compensation for time spent by the City Manager and Finance Director, and that the matter be brought back to Council no later than the first meeting in October, 1977. Mayor Van Valkenburg recalled Mr. Kirby Erickson agreed to the Mayor's stipulation that the hospi- Councilman Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. BUILDING DEPARTMENT/POLICE DEPARTMENT MONTHLY REPORTS DISCUSSED. Mr. Hyde pre- sented a list of all who receive Building Department reports, advising that six various organizations and businesses pay $30.00 annually to receive the report. He also advised Council that the monthly report of the Police Department on activities at Southdale is being revised. No formal action was taken. METROPOLITAN COUNCIL "GIVE AND TAKE SESSION'' ANNOUNCED. attention to a "Give and Take Session" concerning the Metropolitan Council which will be held oil August 25, 1977, at 7:30 p,m. at the Leamington Hotel. The City will be represented, Mr. Hyde called Council's No formal action was taken. METROPOLITAN COUNCIL MEETING will be held on August 24, 1977. represented. No formal action was taken. The City will be COMXISSION AND BOARD APPOINTMENTS APPROVED. seconded by Councilwoman Schmidt for confirmation of the following appointments: Edina Foundation - Messrs. Robert Crabb and Henry T. Rutledge; Park Board - Hessrs. Albert Fischer, Donald Pavek and lfrs. Virginia Shaw for a three year tern of office to run to February I, 1980, Mr. William Lund to fill out the term of Nr. John Sweetland, which term expires on February 1, 1979, and Mrs. Mary McDonald as representative of the Planning Commission. Councilman Courtney's motion was I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. DUTCH ELM REIHBURSEMENT POLICY CONTINUED TO SEPTEMBER 12, 1977. Mr. Hyde, Councilman Shaw's motion continuing discussion on the Dutch Elm reim- bursement policy was seconded by Councilman Richards. explained that there is some- confusion as to how much money the City will receive for removal of diseased trees. As recommended by Mr. Rosland and Mr. Campbell 8 / 13/ 7 7 247 Ayes: Courtney,-Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LAWRENCE H. A. GOLD ACTION AGAINST CITY' DISMISSED. a Stipulation of Dismissal with Prejudice in the matter of Lawrence Ii. A. Gold Mr. Hyde advised Council that against the City of Edina has been received, dismissed as a defendant in this lawsuit. No formal action was taken. He clarified that the City has been ST. PATRICK'S CHURCH BINGO PERMIT GRANTED. Councilman Courtney's motion was sec- onded by Councilman Shaw, granting a Bingo Permit for September 11, 1977, for St. - - .- Patrick" Church. Ayes: Courtney, Richards, Schmidt, Shaw,.Van Yalkenburg Nays: None Motion carried. G0DFATHER"S PIZZA BEER LICENSE APPROVED, SUBjECT TO APPROVAL BY HEALTH DEPARTMENT. Being advised that the Police Department has approved the application of God- father's Pizza for a Beer License at 3650 Hazelton Road, Councilwoman Schmidt's motion that an On-sale Beer License be approved, subject to approval of the Health Department , was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. BLAKE RIDGE ESTATES IMPROVEMENTS ORDERED ON 100% . PETITION. The City Engineer reported that a petition for improvements consisting of Street Improvement, Sanitary Sewer, Watermain and Storm Sewer in Elake Ridge Estates has been received in his office, signed by all owners of real property within B,lake Ridge Estates. against the property of such owner. the following resolution and moved its adoption: Said petition also requested the Couacil to assess the entire cost Councilman Richards thereupon introduced RES0LUTIC)N ORDERING IMPROVEMENTS NOS. STREET IMPROVEMEET KO. EA-230, SANITARY SEWER IMPROVEMENT NO. 88-344, I?ATERMAIN IMPROVEMENT NO, WM-329 AND STORM SEWEX NO. ST.S-155 UPON PETITION THEREFOR BE IT RESOLVED by the City Council of the City of Edina, Einnesota, as follows: 1. It is hereby found and determined that a petition has been filed requesting the Council to construct a street improvement, sanitary sewer, watermain and storm sewer in Blake Ridge Estates and to assess the entire cost against the property of the petitioner and that the developer now otms all property which will abut signed by all owners of real property where said improvements are to be located. 2. ordered Fursuant to Minnesota Statutes, Section 429.031 (3), (Session Laws of 1961, Chapter 525, Section 2). shall be referred to in all subsequent proceedings as and be assessed for the improvements and that said petition has been The making of said improvements in accordance with said petition is hereby Said improvements are hereby designated and STREET IMPROVEMENT NO. BA-230 SANITARY SEWER IMPROVEJ!IENT NO. SS-344 WATERMAIN IMPROVEMENT NO. WM-329 STORM SEWER IMPROVEMENT NO. ST.S-155 The entire cost of said improvements is hereby ordered to be assessed against the properties abutting on said streets where said improvements are to be located. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted, LOT 1, BLOCK 5, MC CAULEY HEIGHTS 3RD ADDITION CONNECTION CHARGE APPROVED. As requested by Mr. Sohan Uppal, Councilman Courtney offered the following reso- lution and moved its adoption: RXSOLUTION BE IT RESOLVED that the Edina City Council does hereby authorize the levy of the following connection charges to be paid over a period of 6 years at 8% inter- est against Lot 1, Block 5, McCauley Heights 3rd Addition: C-2 Trunk Sewer, $199.20, Sanitary Sewer Improvement No..SS~244, $1,399.90; Watermain Improvement NO. WM-214, $1,114.92. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. 8/15/77 GOVERNOR' S COF@fISSION ON CRIME PREVENTION AND CONTROL SPONSORED. As recommended by Nr. Hyde, Councilman Courtney offered the following resolution and moved its adopt ion : BE IT RESOLVED that the City of Edina act as sponsoring unit of government and grantee for the project titled Edina Police Communications Upgrade to be conducted by the Edina Police Department during the period two months from the date of the issuance of the grant. Warren C, Hyde, City Manager, is hereby authorize6 to apply to the Governor's Commission on Crime Prevention and Control for funding of the project and execute such agreements as are necessary to implenent the project on behalf of the City of Edina. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. RESOLUTION OF SPONSORSHIP I. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORDINANCE NO. 101-A1 ADOPTED ON SECOND READING. Councilman Shaw offered 0rdii"lnce No. 101-A1 for Second Reading and moved its adoption as follows: ORDINANCE NO. 101-A1 AN ORDINANCE REPEALING RULE VI OF SECTION I OF ORDINANCE NO. 101 TEE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: its entirety. publication. Motion for adoption of the ordinance was seconded by 'Councilwoman Schmidt. Ro 11 call : Ayes: Courtney, Richards, Schmidt, Shaw, Van Nays: None Ordinance adopted. Section 1. Sec. 2. Rule VI of Section 1 of Ordinance No. 101 is here5y repealed in This ordinance shall be in full force and effect upon its passage and ATTEST : OBIXAXCE KO. 803-A1 ADOPTED. First ReadiGg, with waiver of Second Reading and moved its adoption as follows: Councilman Courtney offered Ordinance No. 803-A1 for ORDINANCE NO, 803-A1 AN ORDINANCE EXTENDING THE DATE OK WHICH ORDINANCE NO. 803 SHALL BECOME EFFECTIVE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "Sec. 7. 1977 ,. tf Sec. 2. Section 7 of Ordinance 803 is hereby amended to read as follows: This ordinance shall be in full force and effect on September 15, This ordinance shall be in full force and effect upon its publica- tion which shall be retroactive to September 1, 1977. Hotion for adoption of the ordinance was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, S Nays: None Ordinance adopted. .. GOLF CAR BIDS At7ARDED. showing Cushman Hotors low bidder for 7 new electric Johns Manville golf cars at $6,980 with trade of six old electric cars and I old gas car. Bid of Hegberg Company for 6 new electric cars was given at $6,570 with trade of 6 old electric cars. Cost of a 7th car would cost $1,995 with the City to sell the old gas car. Couricilman Courtney's motion for award to recommended low bidder, Cushman Motors, was seconded by Councilman Shaw. Mr. Hyde presented tabulation or' bids for golf cars Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 81 151 77 CLAIMS PAID. Motion of Councilwoman Schmidt was seconded by Councilman Shaw for payment of the following claims per Pre-List: General Funds, $282,400.98; Park, $3,440.78; Art Center, $264.47; Park Construction, $81,348.13; Pool, $2,365.12; Golf, $9,149.18; Arena, $3,444.48; Gun Range, $678.15; Water, $16,314.56; Sewer, $75,067.25, Liquor, $72,597.99; Construction, $174,354.18; Total, $721,425.27. The agenda having been covered, Councilman Richards' motion for adjournment was seconded by Councilwoman Schmidt. Adjournment at 11:05 p.m. / - City Clerk 0 MINUTES OF SPECIAL MEETING OF TKF, EDINA CITY COUNCIL HELD AT CITY HALL AUGUST 29, 1977, 7:30 P.M. Pursuant to due notice given, Council met in special session on August 29, 1977, at 7:30 p.m. in the Police Conference Room. Present were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg, along with members of the Man- ager's Search Committee. Following lengthy discussion, Councilman Richards' motion that Kenneth Rosland be appointed City Manager to succeed Warren C. Hyde was seconded by Councilman Shaw and carried, with Councilwoman Schmidt voting "Nay". The Mayor decfared the meeting adjourned at 1O:OO