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HomeMy WebLinkAbout19770912_regular258 i MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL SEPTENBER 12, 1977 Answering rollcall were members Richards, Schmidt, Shaw and Courtney who served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. MINUTES of August 15, 1977, were approved as submitted by motion of Councilman Shaw, seconded by Councilwoman Schmidt. I Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. EDINA WOXEN'S SOFTBALL TEAM CONGRATULATED. resolution and moved its adoption: RESOLUTION OF CONGRATULATIONS kiEREAs, during the 1977 Edina Adult Slo-Pitch Softball Season, sixteen young ladies of an Edina Women's Softball Team, sponsored by Country Club Markets, under the able direction of Coach Larry Kallin, have continued to exemplify the highest goals of good sportsmanship and outstanding proficiency; and WHEREAS, the team efforts have been rewarded by winning the Edina Nomen's plzy- offs championship and by being the first Edina Women's Softball Team to win the AA Women's Recreational State Tournament; and WHEREAS, during this past softball season, these young ladies have represented Edina in the highest manner; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council that the outstanding accomplishments of the Country Club Markets Softball Team deserve the sincere gratitude of the citizenry of Edina for the exemplary manner in which the team has conducted itself and for the great credit the team has brought to the commun- ity; and BE IT FURTHER RESOLVED that appropriate copies of this resolution be presented to Jennifer Aanestad, Marcy Amble, Patty Bergren, Gail Berkley, Sue Berstein, Jackie Burger, Leigh Ann Clemmer, Kitty Cress, Kris Duryea, Sue Griebenow, Sue Huff, Christi Hulse, Finny Johnston, Karen Oelschlaeger, Susan Pudvan, Cassie Spokes, and to Coach Larry Kallin. Motion for adoption of the resolution was seconded by Councilwoman Schmidt and unanimously carried, 1978 CITY BUDGET PRESENTED. Mr, Hyde presented the 1978 Budget, reflecting a mil ?ate iccrease from 8.4 to 10.0. He advised that this mil rate is ~GW in compari- son with other municipalities and listed the causes for the increase as a continued growth in population, additional miles of streets and sidewalks to be maintained, new public facilities requiring servicing and ever. increasing costs for services and supplies. September 15, 1977, at 8:OO p.m. in the City Hall Conferexe Room was seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. Councilman Shaw offered the following 4 I Councilman Richards' motion setting a special budget meeting for . IMPROVFJ3ENTS NOS. P-C-124, P-BA-226, P-BA-227 ABANDONED; LAND ACQUISITION ONLY AUTHORIZED FOR P-C-126. improvements had been continued from Augus.t 1, 1977, so that the City Attorney could determine if Grading and Graveling Improvement No. P-C-126 can be reduced to land acquisition for possible future road right-of-way and whether the cost of the land acquisition can then be included in a future improvement project for the con- struction of the road. improvements and action taken as hereinafter recorded. Mr. Hyde recalled that public hearings on the following Public hearings were then conducted on the following I A. GRADING AND GRAVELING IMPROVEMENT NO. P-C-124 IN THE FOLLOWING: B. STREET IMPROVEMENT NO. P-BA-226 IN THE FOLLOTJING: C. GWING AND GRAVELING DPROVEMENT NO, P-C-126 IN THE FOLLOWING: D. Amundson Avenue from Cahill Road to Dewey Hill Road Amundson Avenue from Cahill Road to Dewey Hill Road Delaney Blvd. from Dewey Hill Road to W. 78th Street PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMTROVEMENT P-EA-227 City Attorney Erickson advised that the City has statutory authority to acquire such land as is reasonably needed, or may be reasonably needed for future road right-of-way for Improvement P-C-126 and that the cost of the land acquisition may be assessed as a part of the cost of the later road improvement. is actually constructed at a future date, a further public hearing will be required for the later road improvement. Mr. Ericlcson clarified that, should the City acquire the land and decide subsequently that the road is not to be built, the property may be disposed of if no longer needed for any public purpose. If the road t 9/12/77 I 251 / Mr. Erickson also opined that "should the Council authorize the land acquisition portion of the project, and thereafter, in the process of acquiringlthe property by eminent domain, should that method become necessary, should the Council decide to abandon the project, it may do so, unilaterally, provided it does so prior to the expiration of the time for appeal from the award of the commissioners, and provided it has not theretofore taken possession of the property, and provided further that the City itself has not filed an appeal from any commissioners' award. ceedings, the City will, in any event, be liable for reasonable costs and expenses, including attorneys' fees, incurred by the landowner." Council's attention was also called to a memorandum from Mr, Gordon Hughes which concluded that 1) The concepts and design for Amundson/Delaney Road as contained in the Southwest Edina Plan and the County Road 18/Valley View Road Report continue to be valid; the roadway system will be excessive and unacceptable; proposed Amundson/Delaney system will alleviate anticipated excessive traffic volumes on Gleason Road; apparently will precede full development of the industrial area; lation patterns for such residential development will rely to a great extent on Amundson/Delaney Road; 5) The Cahill Road cul-de-sac is an essential element of the proposed roadway system; however, construction of the cul-de-sac may not be essential for several years. Mr. Hughes recommended that 1) The Southwest Edina Plan should not be amended and should retain the proposed roadway system; Amundson/Delaney Road should be constructed as development pressures .warrant*.arid should be constructed in conjunction with residential development West of Cahill Road; but need not be implemented until warranted. Mr. Hughes recommendations but clarified that the improvements could not be con- structed until construction of T.H. 100 is complete. He expressed concern rhat people inquiring about the area be rold that the proposed road is a "plan" only and that the road may actually never be built. ments Nos. P-C-124, P-BA-226 and P-BA-227 be abandoned at this time and that only the land acquisition be authorized for Improvement No. C-126 at this time. Mr. and Mrs. Robert Burns of Dewey Hill Road both spoke in support, of the South- west Edina Plan and the road patterns proposed, contending that residents had pur- chased property in reliance on the Pian, Mrs. Burns recalled that the Plan had been stressed in the court case brought against the City for its denial for R-5 zoning proposed for the corner of Cahill Road and Dewey Hill Road. that residents on Lanham Lane 2nd Fleetwood Drive opposed the construction of the proposed road only because it wculd spoil their view. An unidentified gentle- man who lives on Dewey Hill Road saidx-hat Council should not only consider future property owners, but should also consider present property owners who bought: their property in reliance on the Plan. Councilman Richards denied that he had ever advocated changing the Southwest Edina Plan. He spoke of his feeling that it is important to put people on notice that the road may never be built inasmuch as conditions are different now than in 1971 when the Plan was adopted. he could not justify spending money on building a road a small percentage of thru traffic. Councilman Shaw then moved that Improvements Nos. P-C-124, P-BA-226 and P-BA-227 be abandoned at this time. The motion was seconded by Councilwoman Schmidt. Should it dismiss subsequent to the initiation of the condemnation pro- 2) Projected traffic volumes for Gleason Road without improvements to 3) Construction of the 4) Major residential development West of Cahill Road traffic circu- 2) 3) The Cahill Road cul-de-sac should remain as part of the roadway systEn, Mr. Dunn said that he concurred with Mr. Hyde suggested that Improve- She suggested I He said that which may only alleviate Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motior, carried. Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION AUTHORIZING GRADING AND GRAVELING IMPROVEMENT NO. C-126 AS TO ACQUISITION OF LAND ONLY 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 proposed improvement: CONSTKUCTION OF GRADING AND GRAVELING IMPROVEMENT NO. P-126 IN THE FOLLOWING: Delaney Blvd. from Dewey Hill Road to W. 78th Street 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 acquisi- tion of road right-of-way only at this time and that the City proceed to use every reasonable effort to procure the property described as follows: by negotiation and through purchase, if possible, and under the City's right of eminent domain, if necessary, and that the City staff and Attorney be instructed and directed to use every reasonable effort to procure the above property by negoriation and direct purchase, but, if not successfu1, to file the necessary petition in eminent domain to acquire such property and prosecute such action to * Outlot 1, Heath Glen 9/12/77 252 a successful conclusion until abandoned, disnissed, or terminated by the City or the Court; that the City staff and Attorney and the Mayor, Nanager and Clerk do all things necessary to be done in the acquisition of said property by negotiation and purchase and, if necessary, by eminent domain; that said improvement is hereby designated and shall be referred to in all subsequent proceedings as and the area proposed to be specially assessed therefor shall include areas sub- sequently determined by the City Council to be benefited by the construction of a road over and across the land to be acquired for such road pursuant to the fore- going resolution, which assessment may include the cost of the land acquisition and the cost of constructing the road. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. GRADING AND GRAVELING IMPROVEEENT NO. C-126 {- I Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted, Councilman Richards then moved that there be no amendment to the Southwest Edina Plan at this time, but that the staff be instructed to advise all interested property owners, prospective property owners and the general public that the South- west Edina Plan continues to include Am*mdson/Delaney Road, but that this road may or may not be constructed at a later date, and, further, that the Cahill Road cul-de-sac may not become a reality. Motion was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. SPEC-UL ASSESSCfEhTS LEVIED FOX VARIOUS iMPROV3.iEBTS. Xr . Hyde recalled that Special Assessment Hearings for Street Improvements Nos. BA-202, 5A-206, BA-208, BA-212, BA-215, BA-216 and Watermain Improvement No. WM-270 had been continued from August 15, 1977, because legal notices had not been published in time to give the zhirty day notice now required by law. lows - A, STREET IMPROVEMENT NO. BA-202 IN THE FOLLOWING: Hearings were then conducted as fol- Dovre Drive from Parkwood Lane to Lincoln Drive B Mr. Hyde presented Analysis of Assessment showing total construction cost of $100,987.65, proposed to be assessed against 617.61 assessable. feet at $21.00 per foot (for Nine Mile North 2nd Addition only) and against 408 assessable build- ing sites at $215.73 per site, against estimated assessment of $25.00 per assess- able foot for Nine Mile North 2nd Addition and $260.00 per assessable building slte. Resolution Ordering -Assessment later in Minutes.) No objections were heard and none had been received prior thereto. (See B. STREET IMPROVE2IENT NO. EA-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 Lme Addition Parkwood icnolls Addition 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. Assessment later in Minutes.) No objections (See Xesolution Ordering C. STREET IMPROVEMENT NO. BA-208 IN THE FOLLOWING: Lanham Lane from South line of M.P. Johnson's Prospect Hills 3rd Addition to Fleetwood Drive Mr. Hyde presented Analysis of Assessment showing total construction cost at $22,668.39, proposed to be assessed against 18 113 assessable lots at $1,236.48 per lot, against estimated assessment of $1,407.95 per lot. No objections were heard and none had been received prior thereto. ment later in Minutes.) D. STREET IMPROVEMENT NO. BA-212 IN THE FOLLOWING: (See Resolution Ordering Assess- 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. ions were heard and none had been received prior thereto. ing Assessment later in Minutes.) No object- (See Resolution Order- E. STREET IMPROVEMENT NO. BA-215 IN THE FOLLOWING: Mr. Hyde presented hnalysis 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. No objections MeCauley Terrace from McCauley Trail East to cul-de-sac 9/12/77 . I D 253 were heard. (See Resolution Ordering Assessment later in Minutes .) F. STIiEET IPPROVEMENT NO. BA-216 IN THE FOLLOWING: Glasgow Drive from W. 78th Street to cul-de-sac Mr. Byde presented Analysis of Assessment showing total construction cost as $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. ions were heard and none had been received prior thereto. int Assessment 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 Lincoln Drive from Londonderry Drive to Sputh 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 had been given at $0.0496 per square foot (with no lateral assessment). ing resolution and moved its adoption: No object- (See Resolution Order- G. WATERMAIN IMPROVEMENT NO. WM-270 IN THE FOLLOWING: Mile North Addition Don-Car properties No objections being heard, Councilnan Richards'offered the follow- RESOLUTION ORDERING ASSESSMENT FOR STREET IMPROVEMENTS NOS. BA-202, BA-206, BA-208, BA-212, BA-215, BA-216 AND WATERMAIN IMPROVEMENT NO. WM-270 BE IT RESOLVED by the City Council of the City of Edina, Minnesota, as follows: 1. assessment rolls for the improvements hereinafter referred to, and at such hearing held on September 12, 1977, has considered all oral and written objections pre- sented against the levy of such assessments. 2. Each of the assessments as set forth in the assessment rolls on file in the office of the City Clerk for the following improvements: Street Improvements Nos. BA-202, BA-206, BA-208, BA-212, BA-215, BA-216 azld Watermain Improvement No. WM-270 does not exceed the-Jocal benefits conferred by said improvements upou the lot, tract or parcel of land so assessed, and all of said assessmeats are hereby adopted and confirmed as the proper assessments on account of said respect- ive inprovements to be spread against the benefited lots, parcels and tracts of land described therein. - 4, The assessments shall be payable in ten equal installments, the first of said installments, together with interest at the rate of 5X per annum on the entire assessment from the date hereof to December 3, 1978, to be payable with the general taxes payable in 1978. 5. a copy of this resolution and a certified duplicate of said assessments with each then unpaid installment and interest set forth separateiy, to be extended on the tax lists of the County in accordance with this resolution. 6. The Clerk shall also mail notice of any special assessments which may be payable 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 zny such assessment 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 resolution was seconded by Councilwoman Schmidt. The City has given notice of hearirigs as kequired by law on the proposed The City Clerk shall forthwith prepare and transmit to the County Auditor Rollcall : Ayes: Corzrtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. NORMANDALE PARK ADDITION PRELIMINARY PLAT AND ZONING CHANGE CONTINUED TO NOVEMBER 21, 1977. Mr. Hughes recalled that the petition of Rauenhorst Corporatioltl for preliminary plat approval for Normandale Park Addition and rezoning from PID Planned Industrial District to C-1 Commercial District on the Northwest quadrant of France Ave. at W. 76th Street had been continued from August 15, 1977, so that the Council would have an opportunity to study the presentations made by Mr. Michael Harmon of General Mills and by Mr. Peter Jarvis of Bather, Ringrose and Wolsfeld. He recalled that the zoning had been requested so that a restaur- ant operated by General Mills could be constructed on the site, and clarified that the ordlnance requires that restaurants in the Planned Industrial District be included in the buildings themselves, rather than in a free-standing building. Reference was made to a letter from Mr. Jarvis which stated that inclusion of restaurant and some commercial service in a properly planned industrial. park pro- vides more thoa a "nice touch" and can enhance the community's quality of life by providing 1) services to employees and visitors; 2) an increased economic capture rate Eor the municipalicy in which they are located; 3) additional taxes; 9/12/77 .E 4) a reduction in automobile emissions and congestion by providing convenience, thus reducing travel; 5) utilization of odd lots or small parcels of land that are not marketable to the industrial user; and 6) a unique oi>portunity for adaptive reuse of old industrial buildings. The letter also provided a list of other metropolcitan area municipalities which, under certain conditions, permit- Nelson, President of Nelson's Mr. Big Family Restaurants, which objected to the restaurant on the grounds that he himself had been denied zoning which would have permitted a restaurant at that site. Letters opposing the zoning were also noted from Ms. Bonevieve Farsje and Ms. Catherine Skanse, 4440 Parklawn Ave., and from MS. H. Genevieve Artz, 4351 Parklawn Ave., objecting to the restaurant because it would increase traffic in the area. of Councilman Richards that the restaurant might be built in the middle of the industrial park so as to avoid compounding traffic conjestion, Mr. Jarvis said that they did not intend to serve only the industrial area. He added that the curb cuts would be on W. 76th Street, rather than on France Ave. Mr. Jarvis' suggested that criteria could be established which would limit the nunber of restaurants on France Ave. and which would prevent "strip commercial development*' along France Ave. City Attorney Erickson referred to his letter of June 8, 1977, in which he had opined that use of special permits or the inclusion of restaurants in a Planned Industrial District would appear to be a policy decision that should be addressed by the Council before any ordinance is prepared for review by the Planning Commission and subsequent submission to the Council. Mr. Jarvis was essentially correct in his statement that an ordinance could be Grafted that would set forth certain uses in certain areas if certain requirements are met. Councilman Richards expressed concern that under such an ordinance,' some development might be proposed which meets ordinance requirements, but would still be undesirable. Mr. Erickson pointed out that variances would continue to be a part of the ordinance and would be applicable to all aspects of the ordinance requirements, including those which would go with a special permit. €le clarified that the petitioner would be required to prove hardship and undue and uqique circumstances in order to obtain a variance. Councilman Shaw recalled that letters that had been received in support of the restaurant were from employees who work in the area who were looking for a place to have breakfast or lunch and that, under those circumstances, he believed that the use proposed is inappropriate for the site. He then moved that the Planning Commission be dir- ected to study the potential use and conditions of conditional or special use permits for uses other than industrial in the Planned Industrial District, that the pu3lic be invited to participate in the discussion, that the Planning Com- mLssio2 also eqlore the possible expansion of permitted uses within the Planned Industrial District and that the matter be brought back to the Council on Nov- e~113er 21, 1977. Motion was seconded by Councilwoman Schmidt. 254 I ted restaurants in industrial zones. A letter was noted from Mr. David H. I In response to the suggestion He concurred that .t .Ayes: Courtney,.Richards, Schmidt, Shaw Nays: None Mot ion carried. DECKAS ADDITION R-2 ZONIXG AND PRELIEiINARY PLAT HEARING DATE SET FOR OCTOBER 17, -5 1977 by motion of Councilwoman Schmidt, seconded by Councilman Shaw. perty is located generally at the Southwest corner of Olinger Road and Vernon Avenue. The pro- Ayes: Courtney, Richards, Schmidt, Shaw Nays: None 3fotion carried. ALLEY EAST OF FRANCE AVE. AND BETWEEN W. 55TH STRZET kl?D HEBREW CEMETERY VACATED, EFFECTIVE OCTOBER 12, 1977. of the alley located East of France Avenue between W. 55th Street and the Hebrew Cemetery had been continued from August 15, 1977, so that the Engineering Depart- Rosland reported that there are approxinately 40 to 50 diseased elm trees in the alley which are marked for removal and that it will take more thas a half day to remove trash that may have been thrown in the alley from the cenetery. Erickson advised that removal of the trees and debris would be the responsibility of the City, but that the City would have no responsibility once the alley is vacated. Mrs. Janie Paulus, 3705 W. 55th St., presented a letter requesting that their names be removed from the petition, along with similar letters from Mr. S. A. Moll, 3709 W. 55th St., and Mrs. Sue hips, 3701 W. 55th Street. listed were that it would be costly to remove diseased elm trees and to incorpor- ate the vacated alley into their landscaping. property owners would be liable for injuries to children playing in the vacated alley because of the uneven terrain and that there would be a property tax increase. Mr. Moll also suggested that the vacation of the alley has been requested only to maximize the profit of the developer. .Mr. Frank Reese, repre- Council was reminded that the hearing on the vacation * -merit would have an opportunity to investigage the condition of the alley. Mr. 'I Mr. Objections . Concern was also expressed that 9/12/17 255 senting Mr. Philip C. Smaby, agreed that his client would pay for removal of the diseased trees and cleaning up the alley. Mrs. Paulus reiterated her objection to the vacation, stating that she. does not want the responsibility of the addi- tional land. Mr. Paulus also expressed his objections to the vacation and added c that he was irritated at having io take down his elm trees when Mr. Smaby's trees have not yet been renoved. resolution and moved its adoption1 Councilman Richards then offered the following RESOLUTION VACATING ALLEY EAST OF FRANCE AVENUE AND . BETWEEN W. 55TH STREET AND ADATH YESURN CEMETERY WHEREAS, a resolution of the City Council, adopted July 11, 1977, fized a date for a public hearing on the proposed vacation of the alley located East of France Avenue and between W. 55th Street and Adath Yesurn Cemetery; and WHEREAS, two weeks' Tclblished and posted notice of said hearing was given and the hearing was held on the 15th day of August and the 12th day of September, 1977, at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deems it to be in the best interest of the City and of the public that said alley vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality own- ing or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or under the area of the proposed vaca- tion, to continue maintaining the same or to enter upon such alley or portion thereof vacated to maintain, repair, replace, remove, or attend otherwise thereto; NOW, THEREFOXE, BE IT RESOLVED by the City Council of the City of Edina; Hennepin County, Minnesota, that the following described alley be and is hereby vacated effective October 12, 1977, unless said date is extended or the vacation terminated by annulment, amendment or recession of this resolution before October 12, 1977: That part of Woodbury Park Near Lake Harriet, according to the plat on file in the office of the Register of Deeds in and for Hennepin County, Minnesota, in Book I01 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 loodbury Park Near Lake Harriet; and BE IT FURTHER RESOLVED that the Clerk is authorized and directed to cause a Notice of Completion of proceedhgs to be prepared, entered in the transfer record of the County Auditor, and'filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851 unless said resolution is annulled, amended or rescinded by the City Council before October 12, 1977. Motion for adoption of the resolution was seconded by Councilman Shaw. (BB m a a b e Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw - Nays: None Resolution adopted. It was understood that the vacation of the alley was contingent upon the removal of the diseased elm trees and the debris and that the City Assessor should write letters to affected property owners advising them of any added value the vacated land would add to their property. the Council's action. Mrs. Paulus expressed her disappointment at I - PUBLIC WORKS VEHICLES BIDS AWARDED, bids received for sewer cleaning machines did not meet specifications and recom- lnended award to Flexible Pipe Tool Company at $23,263. Low bidder for tractor loader did not meet specifications and Mr. Hyde recommended award to Case Power Company at $5,956.00 at the Special Council Meeting of August 26, 1977. for awzrd to recommended bidder in both cases was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. Mr. Hyde advised that the low bidder of three He recalled that award of bid for dump trucks had been made Councilman Shawls motion DUTCH EL14 REIMBURSEMENT POLICY TO CONTINUE. Mr. Rosland recalled that under present polic'y the State pays $45.00 per diseased tree and the City pays $55.30 and that so far this year the Park and Recreation Department has received $26,003.60 from the State for requests which came in late in 1976 and $25,831.10 for requests approved between January and September 12, 1977. State Department of Agriculture Shade Tree Division has changed its matching funds ratio from 45% to 37% and recommended that the Council should again look at the costs affecting the City for the subsidy program, in view of the additional $11,144.00 which must be spent by the City if estimates of disease are correct. Hr. Rosland recommended thar: the City continue to pay 50% of the cost, not to He advised that the ' 9) 121 7 7 8 exceed $100 per tree, so that the City would now be paying its share and will be reimbursed 37% by the State. Councilman Richards' motion that the staff proceed under preseat policy with the hope that the State will continue with its prcsenl: policy was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. Mrs. Chris Johnson, 4103 Morningside Road, complained that the lowest estimate she could get for removal of a tree on the corner of her lam is $700 and also.objected.that she has not received any forms to fill out from the City. in spite of assistance from Mr, Campbell. Mr. Campbell said that he would give the forms to Nrs. Johnson tonight and recalled that he had been unsuccessful in attempts to get the telephone company to do something about removing the tree. Mrs. Johnson was told that if the cost of the assessment for removal of the tree is greater than $100, the cost can be levied on her taxes. The Mayor asked Mr. Campbell to continue to help Hrs. Johnson. No formal action was taken. I SOUTH HENNEPIN mL4N SERVICES.COUNCIL POSITION PAPER AND ANNUAL REPORT was continued to September 19, 1977, by motion of Councilwoman Schmidt, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. CITY INSPECTION OF HOTELS AND MOTELS AGREEMENT APPROVED WITH MINNESOTA STATE CONMISSIONER OF HEALTH. Mr. Hyde presented an agreement between the City and zhe Minnesota Commissioner of Health which has the effect of conferring upon the City, and its environmental health staff specifically, the authority given it under Hinnesota Statutes Section 145.031 of inspecting hotels and motels. He pointed out that the only facility that would presently come under this inspection authority F70Uld be the Biltmore Moiel and that the agreement allows the City to enact ordinances more stringent than contained in the State law. Being advised that Ms. TJaelti has opined that the agreement protects the City's interest and is acceptable for approval, Councilwoman Schmidt offered the follow- ing resolution and moved its adoption: BE IT RES01,VED t5at the Ikyor and City Manager are hereby authorized and directed to enter into Agresmentwith which agreeinent the City and lodging hoEses, restaurants, places of refreshment and resorts, and under which agreement the City agrees to adoyt ordinances, with an effective date of notFlater than January 1, 1978, establishing standards for licensed establishments at least equivalent to the minimum standards established by Minnesota Statutes. Eotion for adoption of the resolution was seconded by Councilman Shaw. RESOLUTION the Hinnesota State Commissioner of Health under has the authority to inspect hotels, motels, boarding Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. 1976 Aui3IT ACCEPTED; CONTINUED TO BUDGET MEETING. Councilman Richards' motion was seconded by Councilman Shaw and carried, *accepting the 1976 audit and con- tinuing the audit for discussion with the 1978 Budget. Ayes: Courtney, Richards, Schmidt, Shaw. XEROX MACEINE BIDS TO BE TAKEN. take bids for the Xerox Machine because of the change in rates. Schmidt's motion was seconded by Councilman Courtney authorizing the taking of bids for the Xerox machine. lir, Dalen advised that it is now possible to Councilwoman Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. SFBE TREE REPLANTING PROGRAM CONTINUED TO SEPTEMBER 19, 1977. Mr. Rosland advised that CETA employees have been requested to assist with a tree replanting program but thai no definite reply has been received as yet. that historically the care of trees planted within the City right-of-way were the respansfbility of the City. trees without cost that they might not water them properly and suggested the pos- sibility of furnishing the first tree only without cost. Councilman Richards' motion continuing the matter to September 19, 1977, for additional information was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Eiays: None piotioiz carried. Mr. Hyde recalled He expressed concern that if residents were given the 9/12/77 257 200 YEAR STORM IW?ORT GIVEN BY CITY MANAGER. Mr. Hyde referred to reports from the Police, Fire, Public Works and Park Departments concerning activities of the City during the downpour of August 30, 1577, which reports indicated that there was very little permanent damage to City properties, and relatively little per- manent structnral damage to private properties. He advised that, as requested by the County Civil Defense organization, a report had been filed which will be used as part of an effort to have the County declared a disaster area and eligible for Federal loans and grants, Mr. Hyde clarified that State Housing loan funds are also available for persons who do not exceed maximum income limits and that the City can make grants to supplement approved loans from this source but that these loans are limited to repairs of structural damage only. all persons who feel strongly that the City was liable for damages are being told to file a claim which will be referred to the insurance company. complimented City employees who were involved, saying that they showed initiative, skill and devotion to duty far beyond that which is normally expected. was taken. He added that Mr. Hyde No action I COMMISSION AND BOARD APPOINTMENTS were continued to September 19, 1977, in the absence of Mayor Van Valkenburg. CD m WOOD OR CONCPGTE NOISE ATTENUATION DEVICES REJECTED BY RESIDENTS. Mr. Hyde pre- sented a petition signed by residents living in the Northwest quadrant of the Crosstown Highway and T.H. 100 rejecting the idea of any type of wood or concrete noise barriers on the West entrance to the Crosstown Highway to T.H. 100. petition suggested that, to minimize the effects of traffic for residents where homes face the highway, earthen mounds with trees or shrubs would be desirable. Mr. Hyde said that he had advised Mrs. E. 0. Liaboe who brought in the petition that no plans had been approved for any noise attenuation devices. a copy of the petition is also being filed with the State of Minnesota. also advised that residents in the area South of W. 70th Street and East of T.H. 100 will meet on September 13, 1977, to discuss noise attenuation devices. No formal action was taken. The He added that Mr. Hyde COUNTY SALE OF LAND QUESTIONED. that Hennepin County has a program to sell various peices of land which it has acquired for highway construction without consulting the municipality in which the land is located. He referred to a situation which exists on County Road 18 whereby owners of property on NcCauley, Trail were outbid for property which was adjacent to them and that there is concern that the new owner could cut off access to the McCauley Trail properties. Mr. Hughes znd Mr. Dunn referred to serious problems which have developed in the past and suggested that there be better communication and cooperation between the County and municipalities. . 1f.r.. Hy&e suggested:that a list Gf properties to be sold be provided to municipalities in the same manner as tax forfeited lands. Commissioner Richard Kremer who was in attendance said that he would try to work out the problem the next day so that the sale of the County Road 18 properties wmld not take place. Iie said that he. would encourage the County to consider Mr. Hyde's suggestion. was taken. Mr. Hyde'called Council's attention to the fact I No formal action H.R.A./CITY COUNCIL MEETING SET. Being advised by Mr. Hyde that the H.R.A. has requested an cjpportunity to meet with the Council to disccss development of land in Southeast Edina, it was. generally decided that a joint meeting would be held at the Septenber 19, 1977, Council Meeting. No formal action was taken. LOTS 2 AND 3, BLOCK 1, GREEN HILLS OF EDINA 'EASEMENT VACATION HEARING DATE SET. As recommeDded by Mr. Dunn, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION CALLING PUBLIC HEARING ON EASEMENT VACATION BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. be considered for vacation, in accordance with the provisions of Minnesota Stat- utes, Sections 412.851 and 160.29: That part of the drainage and utility easements in Lot 2, Block 1, Green Hills of Edina, according to the recorded plat thereof, which lie Westerly of a line 75.00 feet Westerly of measured at a right angle to and parallel with the East line of said Lot 2; and That part of the drainage and utility easements in Lot 3, Block 1, Green Hills of Edina, according to the recorded plat thereof, which lie Southerly of the following described line : It is hereby found and determined that the following described easement should Commencing at the most Northerly corner of said Lot 3; thence on an assumed bearing cf South 26 degrees 26 minutes 00 seconds East, along the Northeast- , 9/12/77 258 erly line of said Lot 3, a distance of 31.46 feet to the beginning of the line to 5e described; thence South 60 degrees 34 minutes 00 seconds West a distance of 300.00 feet and said line there terminating - 2. This Council shall meet at the time and place specified in the form-of notice included in paragraph 3 hereof for the purpose of holding a public hearing on ' whether such easement vacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks in the Edina Sun, being the official newspaper of the City, the first publicationlat least 14 days prior to the date of such hearing and to post such notice, at least 14 days 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. notice shall be in substantially the following form: Such (Official Publication) 4801 W. 50TH STREET EDINA, MINNESOTA 55424 CITY OF EDINA I NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENTS FOR DRAINAGE AND UTILITY PURPOSES IN THE CITY OF EDINA COUNTY OF HENNEPIN, MINNESOTA BLAKE RIDGE ESTATES NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Ninnesota, will meet at the Edina City Hall, 4801 W. 50th Street, on October 17, 1977, at 7:OO p.m. o'clock for the purpose of holding a public hearing on the proposed vacation of the following easements for drainage and utility purposes: 4 That part of the drainage and utility easements in Lot 2, Block 1, Green Hills of Edina, according to the recorded plat thereof, which lie Westerly of a line 75.00 feet Westerly of measured at a right angle to and parallel with the East line of said Lot 2; and That part of the drainage and utility easements in Lot 3, Block 1, Green Hills of Edina, according to the recorded plat thereof, which lie Southerly of the f cllowing described line : Commencing at the most Northerly corner of said Lot 3; thence on an assumed bearing of South 26 degrees 26 minutes 00 seconds East, along the Northeast- erly line of said Lot 3, a distance of 31.46 feet to the beginning of the' line to be described; thence South 60 degrees 34 minutes 00 seconds West-a distance of 300.00 feet and said line there terminating. A11 persons who desire to be Iieard with respect to the question of whether or<not the above proposed easement vacation is in the public interest and should ba made shall be heard at such time and place. The Council shall consider the extent to which such proposed easement vacation affects existing easements within the area of.the proposed vacation and the extent to which the vacation affects the author- ity of any person, corporation, or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and- hydrants on or under the area of the proposed vacation, to continue maintaining the sane or-to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such ease- ments, andasuch authority to maintain, and to enter upon the area of the proposed vacation, shall cohtinue. BY ORDER OF THE CITY COUNCIL Florence B. Hallberg, City Clerk Motion for adoption of the resolution was seconded by Councilman Shaw. ~ Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. I EASEMENT VACATION REQUESTED FOR LAND A3JACENT TO VALLEY VIEW R9AD BETWEEN WASHING- TON AVE. AND COUNTY ROAD 18. Council's attention was called to a letter from Mr. Allan W. Garrison requesting the vacation of old County Road 39 between Washing- ton Ave. and County Road 18 so that the land can be better utilized and devel- oped in the near future. tion and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina City Council does hereby request the Hennepin County Board to revoke the old alignment of County Road 39 from County Road 18 to Washington Avenue and to turn back the right-of-way to the Ciry of Edina. Motion for adoption- of the resolution was seconded by Councilman Richards. Councilwoman Schmidt then offered the following resolu- - 9/12/77 Rollcall': Ayes : Courtney, Richards, Schmidt , Shaw Nays: None Resolution adopted. I" RAINBOW DEVELOPMENT COMPANY APPEAL OF BOARD OF APPEALS DECISION PREMATURE. Mr . Hughes advised .Council that the appeal submitted by Rainbow Development Company of the Board of Appeals and Adjustments decision had been premature inasmuch as findings of fact had not been drawn as yet. No action was taken. MARGARET FOSS GALLERY FURNITURE PURCHASE APPROVED. Mr. Hyde presented tabulation of two informal bids received for a Drexel game table and four Drexel chairs for the Margaret Foss Gallery at the Art Center. at Yorktown low bidder at $1,328.40, with Daytons' bid at $1,475.00. Councilman Shaw for award to recommended low bidder was seconded by Councilwoman Schmidt. Tabulation showed Brandon Gallery Motion of Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. I COMMUNITY HEALTH SERVICES PLAN APPROVED. As recommended by Mr. Hyde, Council- woman Schmidt offered the following resolution and moved its adoption: A RESOLUTION APPROVING THE PLAN FOR PROVISION OF COMMUNITY HEALTH SERVICES * IN THE CITY OF EDINA AND THE SUBMISSION OF AN APPLICATION FOR TIE- COMMTNITY HEALTH SERVICES ACT SUBSIDY WHEREAS, the City Council of the City of Edina is the official governing body of the City of Edina and functions as the official Board of Health of the City of Edina; and WHEREAS, the City Council is committed to promote, support, and maintain the health of the entire cornunity at the highest level; and WHEREAS, the Community Health Services Act provides for subsidies in support of public health services on the local level throughout the State of Minnesota; and WHEREAS a special needs study has been made and a special public meeting held relative to the needs and priorities of the community for Community Health Services ; and TJH%REAS, the Advisory Board of Health of the City of Edina has reviewed.the plan for the provision of public health services in the City of Edina and recommends its approval to the City Council; and WHEREAS, the City Council- has reviewed this selfsame plan and finds it consistent .with the needs and the priorities of the community as determined by the Advisory i3oard of Health and as expressed by the citizens of Edina; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina in regular meeting assembled, that the Community Health Services Plan for the City of Edina is approved and authorization is hereby given to submit an application for the Community Health Services Act subsidy. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. REAL ESTATE TAX INEQUITITIES DISCUSSED BY COMMISSIONER KREMZR. Edinz's representative on the Board of County Commissioners, appeared before Council to advise that he had been meeting with the City staff and other County personnel to try to determine how to get action to equalize the disparity of real property values among the seven counties in the metropolitan area. that Hennepin County would be paying approximately $600,000 too much if the assess- ments are not equalized. Commissioner of Revenue to act to equalize the the level of assessment among the seven counties in the metropolitan area and also to secure whatever changes are necessary in the "limited value" statutes so that application of this feature will not hinder the establishment of a uniform level of assessment. Mayor Pro Tem Courtney thanked the Commissioner for his cooperation. taken . Mr. Richard Kremer, He advised Commissioner Kremer indicated that he would urge the . No formal action was HEARING DATE SET FOR VARIOUS IMPROVEMENTS. As reconmended by Mrs Dunn, Council- man Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON PERBUidENT STREET SURFACING WITH CONCRETE CURE AiJD GUTTER NO. P-BA-230 WATERMAIN IMPROVEMENT NO. P-WM-329 SANITARY SEWER IMPROVEMENTS NOS. P-SS-344 AND P-SS-345 AND STORM SEWER IMPROVEMENT NO. P-ST. S-155 9/12/77 260 1. the feasibility of 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 and directed to be placed on file in the office of the City Clerk. Edina City Hall, to consider in public hearing the views of all persons inter- ested 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: The City Engineer, having submitted to the Council a preliminary report as,to 1 2. This Council shall meet on Monday, October 17, 1977, at 7:OO p.m. in the I (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING PERIKNENT STREET SURFACING WITH CONCRETE CURB AND GUTTER IEIPROVEIIENT NO. P-BA-230 IJATEFWIIN .IMPROVEMENT NO. P-WM-329 SANITARY SEWER I&PROVEMENTS NOS. P-SS-344 AND P-SS-345 STORM SEWER DPROVEMENT NO. P-ST. S-155 EDINA CITY COUWIL will meet at the Edina City Hall, on Monday, October 17, 1977, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. costsof said improvements are estimated by the City as set forth below: 1. Permnent Street Surfacing with Concrete Curb The approximate ESTIMATED COST and Gutter A. Improvement No. P-BA-230 Blake Ridge Estates B. Watermain A. ImpFovement No. P-WM-329 Blake Ridge Estates $ 37,390.67 $ 26,581.41 3. Sanitary Sewer A. Improvement No. P-SS-344 $ 29,366.22 B. Improvement No. P-SS-345 $ 7,689.49 Blake Ridge Estates Easement line from alley in Block 1, Vest Ninneapolis Iieights Addition East to Dearborn Street 4. Storm Sewer ‘ A. Improvement No. P-ST.S-155 $ 10,856.94 Blake Ridge Estates The area proposed to be assessed for the cost of the proposed Permanent Street Surfacing with Concrete and Gutter under l-A above (Improvement NO. P-BA-230), the Watermain under 2-A above (Improvement No. P-WM-329), the Sanitary Sewer under 34 above (Improvement No. P-SS-344) and the Storm Sewer under 4-A above (Improvement No. P-ST.S-155) includes.Lots 1 thru 13, inclusive, Block 1, and Lots 1 thru 5, inclusive, Block 2, Blake Ridge Estates. The area proposed to be assessed for the cost of the proposed Sanitary Sewer (Improvement No. P-SS-345) under 3-B above includes Lots 1, 2, 3 and the North 2, of Lot 4, Block 1, and Lots 1 thru 4, inclusive, Block 2, Mendelssohn Addition. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw Nzys: None Resolution adopted. LIQUOR mTND.as of July 31, 1977, was reviewed and ordered placed on file by motion . of Councilman Richards, seconded by Councilman Shaw, and unanimously carried. .CLAIMS PAID. Motion of Councilman Shaw was seconded by Councilwoman Schmidt far payment of the following claims per pre-list: General Funds, $197,524.98; Park, $2,335.56; Art Center, $4,043.46; Park Construction, $9,843.03; Pool, $2,335.83; Golf, $7,421.96; Arena, $6,360.91; Gun Range, $68.97; Water Fund, $18,890.23; Sewer Fund, $74,596.89; Liquor Fund, $110,724.09; Construction Fund, $45,325.56; Total, $439,471.47. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Notion carried. I 91 121 77 .. 261 .No further business appearing, Couricilwoinan Schmidt's motion for adjournment was I seconded by Councilman Shaw. Bcljournment at 10:48 p .m. ID City Clerk I ,