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HomeMy WebLinkAbout19771219_regularMINUTES OF THE IUGULAR MEETING OF THE EDINA CITY COUNCIL liELD AT CITY HALL DECEMBER IC), 1977 Answering rollcall were members Courtney, Richards, Schmidt and Mayor Van VaLken- burg. PUBLIC HEARINGS CONDUCTED FOR TAFT ' S ADDITION IMPROVEMENTS ; PLAT GIWTEI) F1NAL APPROVAL. tion were presented by Clerk, approved as to form and ordered placed on file. As recommended by Mr. Dunn, it was decided to consider the plat for Taft's Addition, along with the following public improvements: Affidzvits of Notice for final plat and improvements for "aft's Addi- A. CONSTRUCTION OF SANITARY SEWER IEPROVEEIENT NO. P-SS-347 IN THE FOLLOWING: Scriver Road in Taft's Addition Scriver Road from Blake Road to the West line of Taft's Addition PEENANENT STREET SURFACIMG, CONCRETE CURB AND GUTTER AND GRAVELING IN THE FOLLOWING: Scriver Road in Taft's Addition B. CONSTRUCTION OF WATEWAIN IHPROVEMENT NO. P-WM-331 IN THE FOLLOWING: C. The above named improvements and the plat affecting the same property owners, public hearings were conducted concurrently. Mr. Rosland presented total esti- mated construction cost for Sanitary Sewer Improvement No. P-SS-347 at $6,661.97, proposed to be assessed at $1,665.49 per unit cost. Total estimated construction cost for Watermaiil Improvement No. P-WM-331 was given by Mr. Rosland at $21,440.83, proposed to be assessed against ten assessable properties consisting of 4 new lots in Taft's Addition, 5 existing homes on Scriver Road (all except 5111, which has been connected to the Blake Road Watermain) and one existing vacant lot on Scriver Road, at an estimated cost of $2,144.08 per connection. Mr. Rosland presented total estimated construction cost for Street Improvement No. P-BA-232 at $16,271.50, proposed to be assessed at $4,067.88 per unit. Mrs. Remi L. Wrona, 5117 Scriver Road, asked that the record show that she had read a letter recalling thzt the Council had rejected a proposal to bring water lines up Scriver Road just a year ago because residents on Scriver Road had wells that were "more than sufficient for our needs". Mrs. Wrona and Mrs. Niel Feinberg, 5101 Scriver Road, explained that they were quite satisfied with their wells and did not want to be assessed for connecting to the proposed watermain. Councilman Courtney pointed out that many people in Edina are satisfied with their wells until a problem arises, and then the City cannot respond quickly in those situations. Mrs. Wrona further explained that she had already paid for the Blake Road water- main and that she believed that it would be double taxation to charge.her for another. Mr. Dunn reminded Mrs. Wrona that she had paid only for a trunk, not a lateral, and that there would be very little difference in the cost between connecting to the Blake Road or to the Scriver Road watermain. the developer, complained that deleting lots along Scriver Road would increase the costs for the proposed development, thus hurting his development plans. Lynnae Nye, representing the Eberhardt Corporation, pointed out that Taft's Addition and the three Western lots on Scriver Road would suffer econonically if the other lots on Scriver Road are given the option of connecting to the Blake Road watermain. She recalled that the owners of Lot 3, Block 1, Hyland Acres, went on record last year in favor of having City water. Mayor's suggestion that Lots 4 and 5, Block 1, be deleted from the project and that the owner of Lot 3, Block 1, Hyland Acres, be given the opportunity to decide to whic1i:watermain he would connect. Mr. Taft said that council is est- ablishing an unfair precedent and urged that the watermain be installed in Scqiver Road. The question was raised 2s to what would be done with the money that would be paid by properties that might connect to the watermain at a future date. Mr. Dunn explained that, as a part of the Developer's Agreement, the Taft Addition will have to pay the assessments in full at the time the properties are sold. The Mayor said that he believes that once the assessment is paid, the benefit goes with the land. He added that if there is a major change witt1j.n three or four years, the policy has been to reassess the project, but that if changes have taken place in ownership, the assessments are often paid up and the address'of the former owner is not known. The Mayor said that the City Attorney would have an ogportunity to give his opinion on the matter before*it is more properly taken up at the.Assessment Nearing. Hyland Acres, was told that the Engineering Gepartment would check on her under- standing that there is a sewer running beneath her house. then offered the following resolution and moved its adoption: Mr. David Taft, Mrs. Mr. Taft objected to the , The owner of lots 1 and 2, Block 1, Councilman Courtney RESOLUTION ORDERING IMPROVEMENTS NOS. WATERMAIN NO. ~~-331, SANITARY SEWER NO. ss-347, AND STREET IMPROVEMENT Bh-232 . BE IT-RESOLVED by the Council of the City of Edina, Minnesota, that this Council heretufoire caused notice of hearing to be duly published and mailed to owners of 12/19/78 cnch parcel within the area proposed to bg assessed on the following proposed - i1iprovemc11 t s : 1 CONSTRUCTION OF SANITARY SEWER IMPROVEMENT NO. P-ss-347 IN THE FOLT~OW~NG : -_ - Scriver Road in Taft's Addition Scriver Road from Blake Road to the West line of Taft's Addition CONSTRUCTION OF PERMANENT STREET SURFACING, CONCRETE CURB AND GUTTER AND GUVELING IPIPROVENENT NO. P-BA-232 IN THE FOLLOWING: Scriver Road in Taft's Addition 2. CONSTRUCTION OF WATERHAIN IllPROV~lENT NO. P-Ti-33 1 IN THE FOLLOWING: 3. 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 construction of said improvements, including all proceedings which may be necessary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements, except that Lots 1, 2 and 5, Block 1, Hyland Acres, are hereby deleted from Watermain Improvement No. WEI-331 and Lot 3, Block I, Hyland Acres will be given the option as to whether or not he wishes to be included in this improvement or in Watermain Improvement No. Tal-212; that said improvements are hereby designated aid shall be referred to in all subsequent proceedings as follows : I I No. 1 Above SANITARY SEI\%R IIPROVENENT NO. SS-347 No. 2 Above WATERMAIN IMPROVEMENT NO. IW-331 No. 3 Above STREET IBIPROVEMENT NO. BA-232 and the area to be specially assessed for Sanitary Sewer Improvement No. SS-347 and Street Improvement No. BA-232 above shall include Lots 2 and 3, Block I, and Lots 1 and 2, Block 2, Taft's Addition, and the area to be specially assessed for Watermain Improvement No. 1@1-331 shall includeLOts 2 and 3, Block I, and Lots 1 and 2, Block 2, Taft's Addition, Lots I, 2 and 3, Block 2, Hyland Acres, with Lot 3, Block 1, Hyland Acres to have the option of connecting to TW-331 or hql-212. Motion for adoption of the resolution was seconded by Councilman Richards. I Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. Mrs. Feinberg was advised that the cul-de-sac on Scriver Road would be removed, that the road would be thirty feet wide, and that all ordinance requirements for Taft's Addition Ead been met. Councilman Courtney then offered the following mesdlution granting final approval for Taft's Additon and moved its adoption: RESOLUTION GRANTING FINAL APPROVAL FOR TAFT'S ADDITION BE IT RESOLVED by the City Council of the City of Edina that that certain plat entitled "Taft's Addition, platted by Andrew I.!. Shea and Rosemary >I. Shea, hus- band and wife and by the First National Bank of Minneapolis, and presented at the Edina City Council Meeting of December 19, 1978, be and is hereby granted final plat approval. Notion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. PEAF- IC' CO>@fUNITY DEVELOP2lENT BLOCK GRANT PROGRAM FIRST HEARIMG CONDUCTED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed OR file. Mr. Hughes advised Council that it was necessary to hold two public hearings and that no recommendations had been received for expenditure of Tear IV Community Development Block Grant Funds. said that he would bring his recommendations for allocations to the January 9,- 1978 meeting. No persons appearing. Nr. Hughes No formal action was taken. I BROOKVIm? HEIGHTS 5TH ADDITION COKTINUED TO JANUARY 9, 1978. were presented by Clerk, approved as to form and ordered placed on file. Mr. Eughes presented Brookview Heights 5th Addition for preliminary plat approval, advising that 13% Creek Flood plain. Nr. Hughes agvised that approval has been granted by the Nine Kle subject to the following conditions: 2) that adequate erosion control measures be taken during construction to prevent sediment from entering the creek; mendations which have been for the area by the Engineering Department. Council's attention was called to a petition which had been presented to the Plan- ning Commission in November, 1977, fact that damage was sustained at homes from 6700 Ridgeview Drive through 6720 Ridgeview Drive from the August 31., 197z rainstcrs: and from other hard rains, both Affidavits of Notice of this eighteen lot single family plat lies within the Nine Creek Watershed District, the Edina Park Board and th& Planning Commission - 1) that the City receive a deed to Outlot A; and 3) that compliance be made to the recom- objecting to the development in view of the 59 from backing up of sewer water as well as surface water. The petition also !. . requested the Council to make necessary inprovements to the storm sewer servicing the area. Residents of Ridgeview Drive, Duggan Plaza and Meadow Ridge had also written a letter to the Council reiterating statements made in the petltion and adding their concern that the aesthetic appeal of the area will be damaged by over development. They requested the reduction of the total development by two lots, moving the cul-de-sac North and thus reducing the fill in the floodplain, reducing or eliminating the restriction to the storm water flow under the railroad tracks, and moving the storm sewer between Lots 1 and 2 and 17 and 18 to make the dischargeblend in with the surroundings. A letter was also noted from Mr. Ray S. Clarke, 6609 Cahill Road, who expressed concern, not only for additional property damage, but for damage to the environment. Fr, Hughes responded to the concerns expressed by neighbors by advising that 1) the flood levels would be raised about one inch; 2) culverts on T.H.'100 would be increased in size which would handle flood waters more easily; 4) 20% encroachment is allowed into the floodplain, and this plat encroaches only 13%; creek; 6) 'engineering details will be developed before final plat approval is granted. In response to a question of Councilman Courtney, Mr. Hughes recalled that the Olson home at 6725 Cahill Road had not flooded during the August 31 storm. Expressing concern about the plat were Messrs. Robert Sandilla, 6108 York Ave., Charles Madden, 6524 Creek Drive, R. D. Blanchard, 6532 Creek Drive and Gordon Taft, 6605 Cahill Road. culverts and g4ve easements as requested by the City, but objected to losing two lots. flooding to houses and asked Mr. Hughes to arrange a meeting at the site sa that they could observe the property before the next Council Meeting on January 9, 1978. COUnCilWOman .Schmidt s-motion ' 3) the probability of another 200 year rahfall is remote; 5) the 200 foot wide green belt along the creek should adequately protect the Mr. Carlyle Jacobson, one of the developers, agreed to install 68 P I\ a Council expressed concern that the proposed plat might cause additional e Councilman Courtney. Ayes: Courtney, Richards, Nays: None Motion carried. continuing the hearing to January 9 was seconded by Schmidt, Van Valkenburg EDINA INTERCIUNGE CENTER SIXTH ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. a replat of part of Lots 4,. 5 and 6, Block 6, Edina Interchange Center which is located East of Mstro Blvd., West of T. H. 100 and North of Edina Industrial Blvd.. complies with the subdivision and zoning ordinance and that $10,000 will be don- .ated as a fee in lieu of parkland. No objections being heard, Councilman Richards offered the following resolution and moved its adoption: 14r. Hughes presented Edina Interchange Center Sixth Addition, He advised that no additional lots will be created, that the request RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO EDINA INTERCHANGE CENTER SIXTH ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "EdBna Interchange Center Sixth Addition", platted by Interchange Partnership, Paul Owen Johnson and James Rogers Fox, Partners, and presented at the Edina City Council Meeting of December 19, 1977, be and is hereby granted preliminary plat. approval. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. DEWEY HILL ADDITION GRAKTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Dewey Hill Addition for preliminary plat approval, advising that this 26 lot single family residence plat is located North of W. 78th Street, West of Braemar Park and South of Dewey Hill Road, and is known as the Schuster Pro- perty. Mr. Hughes recalled that three years ago, the Planning Commission approved a development proposal know as Indian Meadows single family dwellings on the Northerly portion of the property and 291 multiple dwelling units on the Southerly portion of the site. been sold and the present owners are now proposing a single family plat of the Northerly portion of the site which would have access by a cul-de-sac from Dewey Hill Road. The proponents have indicated their intent to propose a lower density development than originally approved for the Southerly portion of the site. Mr. Hughes advised that approval is recommended for the following reasons: 1) the proposal conforms with the Southwest Edina Plan; 2) the subdivision pro- poses a lower denisty than the previously approved Indian Meadows concept; which would allow 40 The site has since 3) I- 12/19/77 lot sizes are similar to and exceed existing single family lots in 'the'vicinity of the subject property; provided from Dewey Hill Road. Mr. Hughes said that approvalis recommended, sEbject to receipt of an executed developer's agreement and submission of an erosion control plan. where it must construct Delaney Blvd. Mr. Peter Jarvis, representing Laukka Associates contended that this plan is not piecemeal, but .the first of three phases which. they will propose to develop. Mr. Jarvis also eFpressed concern about the recommendation of the Park Board that an additional 5X cash dedication should be paid in addition to the land which had already been donat,ed by the previous owner. Hr. Laukka confirmed Kr. Jarvis' statement that he would be willing to pay up to $150 per dwelling unit. advised that the City ordinance does not restrict the dedication of parklands since the statutory language was expanded to include public open space of storm water holding areas or ponds. into the City ordinances, so that the ordinance does relate to parks, playgrounds, public open spaces, storm water holding areas or ponds, Mr. Dunn recalled that the engineering work that was done on behalf of the Indian Headows proposal used the Southwest Edina Storm Sewer Plan with its series of holding ponds as a basis of design for the entire area. files that indicate that the ponds are a gift to the City and that this gift had nothing to do with the Indian Meadows development. Mr. Dunn recalled that con- siderable care had been taken to disassociate this gift from the Indian Meadows development. land as something that has inured and will continue to inure to the benefit of the community, adding that the property has already paid its share. He added, however, that he would yield to Council's decision so far as the park dedication question is concerned. granting preliminary approval of Dewey Bill Addition, subject to receipt of an executed developer's agreement and submission by the developer of an erosion 'control plan as recommended by the Planning Commission and subject further to receipt of a 5% cash dedication in lieu of parkland and consideration of concerns set forth by the City Engineer in his memorandum dated November 22, 1977: 4) adequate access to public open space lands has been - Councilman Richards expressed concern that this is a piecemeal'' proposal and that its acceptance might put the Council in a position I1 I In response to a question of the developer, Mr. Erickson He added that these uses have been incorporated He said that there is an agreement in the City Mr. Laukka requested that the Council consider the fifteen acres of Councilman Courtney then offered the following resolution . RJXOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR DEWEY HILL ADDITION BE IT RESOLVED by the Edina City Council that .that certain plat known as "Dewey -City Cour,cil Eeeting of December 19, 1977, be and is hereby granted preliminary plat approval, subject to receipt of an executed developer's agreement,.submission of an erosion control plan, submission of a 5% cash dedication in lieu of park- land am3 subject fcrther to consideration of concerns set forth by the City Eng- ineer in his memorandum dated November 22, 1977. Motion for adoption of the resolution was seconded by Councilwon?an Schmidt, with the understanding that the amount of cash to be required in lieu of parkland may be revised before final approval is granted. i4otion for adoption of the resolution was seconded by Councilwoman Schmidt. r=.=Eill Addition", platted by Laukka & Associates, Inc., and presented at the Edina Rollcall : Ayes: Courtney, Schmidt, Van Valkenburg Nays: None Resolution adopted, n and ordered placed on file. Mr. Hughes , presented the petition of Banco Properties, Inc., for preliminary plat approval of Northwestern Bank Addition for property located on a tcqo acre tract of land betwe'en County Road 18 and Washington Avenue and North of Valley View Road, along with a zoning change from PID District to 0-1 Office District. Mr. Hughes said that the staff is somewhat reluctant to recommend the rezoning without concur- conducted for that purpose. uses and that, inasmuch as existing parcels of property in this area are below minimum size requirements for PID uses, variances would be required unless the- property is rezoned. Mr. Hughes recommended approval subject to receipt of $4,000 cash dedication in lieu of land, and that the rezoning is contingent on the amend- ment of the Southwest Edina Plan and upon final plat approval. burg explained that, while Councilman $haw is an employee of the Northwestern Bank, he does not work for the bank which is the petitioner and has expressed no opinion on the subject. Mr. Walter W. Klus, 7017 Valley View Road, representing Banco Pro- perties, Inc., left brochures describing the proposed facility. Mr. Hughes then recalled that the Henliepin County Department of Transportation has requested the dedication of an additional 4'2 foct oE riglib-of-way along County Road 18 for road- way pii-jmses. Mr. KIIIS said that hc, too, had jost Rrnrncd of this request today and' that lie is not in ii position at this tiiiie to discus:; tlic matter, brit requested ~ -I "rently amending the Southwest Edina Plan and recommended that a public hearing b'e. He explained that the area is well suited for office .I . . . Mayor Van Valken- .Z 12/19/77 i 61 that Council give prcliminary approval for the plat and First Reading for the rezoning with the understanding- that the bank would work out this problem directly with the County. Councilnian Richards expressed his concern that this development would increase traffic in the area. Councilman Courtney then offered the following resolution granting preliminary plat approval and moved its adoption, with the understanding that the bank work out the right-of-way problems with Hennepin County and subject to conditions stated by Mr. Hughes: RESOLUTION GRANTING PWLIMINARY PLAT APPROVAL FOR NORTHWESTERN BANK ADDITION BE IT RESOLVED by the Edina City Council that that certain plat entitled "North- western' Bank Addition",. presented at the Edina City Council Meeting of December 19, 1977, and developed 'by Bancc Properties, Inc. , be and is hereby granted pre- liminary plat approval. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. . Rollcall : Ayes: Courtney, Schmidt, Van Valkenburg Nays Richards Resolution adopted. I. Councilman Courtney then offered Ordinance No. 811-Al12 for First Reading as follows : ORDINANCE NO. 811-Ai12 AN ORDINANCE AMENDING THE ZONING OXDINANCE (NO. 811) BY ADDING TO THE OFFICE DISTRICT (0-1) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Paragraph 1 of Section 8 of Ordinance No. 811 of the City is amended by adding the following thereto: "The extent of the Office District (Sub-District 0-1) is enlarged by the addition of the following property: That part of the Northwest 1/4 of the Northwest 1/4 of Section 7, Township 116, Range 21, described as follows: Beginning at a point in the West line of said Northwest 1/4 of the Northwest 1/4, distant 440.85 feet: South of the Northwest corner thereof; thence Southerly along said Westerly line, a distance of 222.50 feet; thence at a right angle Easterly to an inter- section with a line parallel with and 40 feet Westerly of Line "X'! ( hereinafter described) ; thence Northerly along said parallel line to an intersection with a line drawn Easterly from a point of beginning and at a right Engle to the West line of said Northwest 1/4 of the Northwest 1/4; thence Westerly along said right angle line to point of beginning. BeginDing at the Southwest corzer of the Northwest 1/4 of Section 7; thence North 88 feet; theice North, a distance of 1468.20 feet; thence North 80 00' West, a distance of 271.57 feet to actual point of beginning of the line to be described; thence North 13' 30' East, a distance of 489.47. feet; thence Northerly along a tangential curve to the left, having a radius of 1432.39 feet, a distance of 398.72 feet; thence continuing Northerly along a com- pound curve, said curve having a radius of 3756.81 feet, a distance of 434.30 feet and there terminating. 33 feet thereof (which is in Sub-District 0-1). Sec. 2. and publication. Line '%": 47' East along the South line thereof, a distance of $37.50 Subject to road easement over the West This ordinance shall be in-full force and effect upon its passage ORDINANCE NO. 811-All0 ADOPTED. Mr. Hughes recalled that the public hearing on the amendment of the Zoning Ordinance to allow laundries as a principle use in the C-1 Commercial District had been continued from the Council Meeting of December 5, 1977, so that proper notice could be given and so that Council would have additional time to consider the proposal. hearing was the result of a petition of Edina Cleaners and Launderers, 4500 France Avenue, so that they could expand their facilities into the rear area of the Westgate Theater building. Mr. Hughes explained that, even if the Zoning Ordinance should be amended as requested, parking and setback variances woulci be required from the Board of Appeals and Adjustments. Councilman Courtney offered the following ordinance for First Reading, with waiver of Second Reading and moved its adoption: He recalled further that this No objections being heard, ORDINANCE NO. 811-A110 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) TO CHARGE THE PRINCIPAL USES ALLOWED IN COMMERCIAL DISTRICTS C-1 AND C-2 THE CITY COUNCIL OF THE CITY OF EDINA. EIINNESOTA, ORDAINS: Section 1, Line 15 of Subparagraph (a) of District C-1 of Paragrzph 4 of Section 9 (Commercial District) of Ordinance No. 811 is hereby amended to read *as follows: J5. Laundries and dry cleaning establishments which primarily provide personal services for persons living or wur1:ing in t~ie nenr1iy area* . 12/19/77 Sec. 2. The perm-ftted use shown at item number 26 of Subpnragfaph (a) of 62 District C-2 of Paragraph 4 of Section 9 (Commercial District of Ordinance No. 811 is hereby deleted in its entirety. See. 3. and publication. Notion for adoption of the ordinance was seconded by Councilman Richards. This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, V Nays: None Ordinance adopted. I! I ATTEST: 7L d4 & L& City Clerk MRS. STJMNER E. WHITNN LETTER REGARDING 51ST AND FRANCE DISCUSSED. Note was made of a letter from Mrs. Sumner E. Whitney, 4075 W. 51st Street, urging Council's approval for permission for Naugle-Leck Construction Company.to construct a low density market rate apartment at the Southwest corner.of France.Ave. and W. 5lst St. No action was taken. TRAFFIC SAFETY MINUTES OF DECEkBER 13, 1977, REVIEWED. Ifr. Dunn presented Traffic Safety Committee Minutes of December 13, 1977. Council, he advised that the change from STOP signs to YIELD signs on Bruce Ave. at Country Club Road should bring nothing but favorable responses Erom neighbors. Councilman Courtney then moved that Section B of the Traffic Sar'ety Committee Minutes of December 13, 1977, be accepted and that Council approve the following: 1. That the STOP signs be changed to YIELD signs at the intersection o€ Bruce Ave. and Country Club Road; 2. Subject to Fire Department concurrence, that the NO PARTLING ANYTIME restrict- ion on the South side of 14. 49th Street in front of 5115-5121 be removed. Motion vias seconded by Councilman Richards. In response to a question of Ayes: Courtney, Richards, Schmit, Van Valkenburg Nays: None Motion carried. TRE8T G. JUTTING SUIT NOTED. had been served on the Clerk relative to an incident at Braemar Arena involving The matter has been referred to the insurance company and to the City Attorney. Council was advised that'a summons and complaint *- Trent G. Jutting, No action was taken. YEAR I11 C0N"ITY DEVELOPEENT BLOCK GRANTS TRANSFER APPROVED. Council was adviseg that on August 1, 1977, HUD declared improvements to Parbury, Grandview . and Tupa Sarks and the Grist Mill ineligible for Year I11 Community Development Block Grant Funds because they were not located in areas containing a signifi- cant number of low and moderate income individuals. Councilwoman Schmidt's motion approving the transfer of the fol1owing:funds wis seconded by Councilman Courtney: Low Income Housing Rehabilitation, $60,397; Morningside Improvements, $135,500; Park Improvements, $6,500; Diseased Trees, $9,000; Historic Survey, $8,000; 50th & France Ave. Improvements, $30,000. (Note was made of a letter from Mr. Foster W. Dunwlddiei Chairman of the Historic Pre- servation Board requesting the transfer of $10,000 of the Historic Preservation Funds to the Historic Architectural Survey.) As recommended by Eir. Hughes, Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: Nooe Notion carried. 1978 C0"NITY HEALTH SERVICES CONTRACT WITH BLOONINGTON APPROVED. lfr. Rosland recalled that the 1978 Community Health Services Contract with the City of Bloom- ington had been continued from December 5, 1978, so that it could be reviewed by the Advisory Board of Health. had approved the contract, Councilwoman Schmidt offered the following resolution and moved.its adoption: Being advised that the Advisory Board of Health RESOLUTION . . EE IT RESOLVED that the Edina City Council does hereby authorize the Mayor and City I Hanager to enter into agreement for the 1978 Communsty Health Services Contract with the City of Bloomington. lfotion €or adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nzys: None Resolution adopted. 12/19/77 P- a e a I .. 63 AS S 0 C TAT 1 ON OF METROFOT, I TAN NUN I C I PAL IT ll5S LEG I SLAT IV E I? 01, I CY FOR 1 9 7 8 CONTINUED . Council was advised of a general membership meeting of the Association of Metro- politan Municipalities to be held on January 5, 1978 at the St. Louis Park Recreation Center. Recommendations for legislative policies for 1978 were continued to December 29, 1977, by motion of Councilman Courtney, secocded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. SAC LAWSUIT LEGAL FEES DISCUSSED: Mr. Rosland advised that the legal fees for the SAC lawsuit have come in at a cost approximately' $17,000 higher than the original estimate, As recorninended by Mr. Dalen, Councilman Courtney's motion that the City of Edina pay one-half of the difference ($2,390) and that*the attorneys should reduce the bill for the balance, was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Motion carried. Nays: None -_ TAX INCRiSMENT FINANCING LEGISLATION DISCUSSED. Council was advised by Mr. Ros- land that if legislation now being considerated by the State Legislature should be adopted, 50th and France would not be eligible for any additional funds. No action was taken. M.A.M.A. 320 NEGOTIATING COMMITTEE REPORT CONTINUED TO DECEMBER 29, 1977, by motion of Councilman Richards, seconded by Councilman Courtney and carried. Ayes:. Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. HEARING DATES SET FOR MC GARY ADDITION IMPROVEMENTS. As recommended by Mr. Dum, Councilman Richards offered the following resolution and moved its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARINGS ON SANITARY SEWER IMPROVEMENT NO. P-SS-348 AND WATERMAIN IMPROVEEENT NO. WM-332 1. The City Engineer, having submitted to the Council a preliminary report as to the feasibility of the proposed Sanitary Sewer and Watermain described in the form of Notice of Hearings 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. 2. This Council shall meet on Monday, January 16, 1978, at 7:OO p.m. izl the Edina City Hall,,to consider in public hearing the views of all persons interested in said improvements. 3. The Clerk is hereby authorized and directed to cause notice of the time, place and purpose of said meeting to be published in the official newspaper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: (Official Publication) CITY OF EDINA HENNEPIN COUNTY, MINNESOTA NOTICE OF PUBLIC HEARING SANITARY SEWER IMPROVEMENT NO. P-SS-348 WATERUIN IMPROVEMENT NO. P-WM-332 EDINA CITY COUNCIL will meet at the Edina City Hall, on Monday, January 16, 1978, at 7:OO p.m., to consider the following proposed improvements to be constructed under the authority granted by Minnesota Statutes, Chapter 429. cost of said improvements are estimated by the City as set forth below: 1. SANITARY SEWER IMPROVEMENT NO. P-SS-348 ESTIMATED COST The approximate Lot 6, Block 1, McGary Addition $2,340.00 2. WATERMIAN IMPRCkI'ENENT NO. P-FM-332 Lot 6, Block 1, gcGary Additian $2 , 340.00 The area proposed to be assessed for the cost of the proposed Sanitary Sewer under 1 above (Improvement No. P-SS-348 and Watermain under No, 2 above (Improve- ment No. P-'cjEI-332) includes Lot 6, Block 1, McGary Addi'tion. Florence B. Hallberg City Clerk Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Vallcenburg Nays: None Resolution adopted. 12/13/77 1 64 c 1 YOUTli ACTIOI\I CONTRACT APPROVED. Contract for 1078, advising that it is now proposed to charge for family council- ing, based on ability to pay. emphasis of Youth Action's outreach efforts in the school system and a revision in the monthly amount payable from $1,125 to $1,333.33 monthly. Schmidt then offered the following resolution and moved its adoption: BE IT RESOLVED by the Edina City Council that the Mayor and Manager are hereby authorized to enter into agreement between the City and Storefront/Youth Action for the year 1978. Motion for adoption of the resolution was seconded by Councilman Richards. Mr. Rosland presented the proposed Youth Action The contract was also amended to reflect actclitional Councilwoman RESOLUTION Rollcall: Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: Xone Resolution adopted. BELODY LAKE PROBLEMS DISCUSSED. Mr, Lewis Opperman, 5713 Melody Lane, was present to express his continued concern about the condition in which Melody Lake was left by the State following T.H. 100 construction. received no cooperation from the Minnesota Department of Transportation but that he will continue in his efforts to get additional information.and report back. to Council in January. Ifr, Rosland advised that he has No formal action was taken. LIQUOR STORE SIGN BID AWARDED. the sign for the 50th Street Liquor Store, showing Nordquist Sign at $1,570 and Lawrence Signs, Inc. at $1,200. mended law bidder, Lawrence Signs, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of two bids for Councilman Richards' motion for award to recom- Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. SQUAD CARS BID AWARDED. Mr. Rosland advised Council that Bloomington Chrysler had bid $5,063.65 each for three Plynouth Volares, which bid had been received through Hennepin County Cooperative Purchasing. award to Bloomington Chrysler was seconded by Councilman Courtney. Councilman Richards' motion for Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. .. Mr. Rosland then advised Council-that Suburban Chevrolet had bid $5,312.49 each for three Chevrolet Novas, which bid had been received through Hennepin County Cooperative Purchasing. Councilman Richarck' motion for award to Suburban Chev- rolet WZS seconded by Councilman Courtney, Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None . Motion carried. ADMINISTRATIVE SEDAN BID AIWDED. Mr. Rosland presented tabulation of four bids for a compact two-door sedan, which bids were taken by the City. Bloomington Chrysler bid of $4,410.28 for a Plymouth Volare, North Star Dodge at $4,474.11 for an Aspen, Freeway Ford at $4,525.00 for a Fairmont and Superior Ford at $4,578.30 for a Fairmont. cilirtan Courtney for award to Bloomington Chrysler-Plymouth for the Volare at $4,410.28. Tabulation showed Notion of Councilman Richards was seccjnded by Counr.. Ayesi- Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. 3/4 TON 5 PASSENGER VAN BID AWARDED. Flr. Rosland presented tabulation of three bids for a 3/4 ton 5 passenger van for the Survey Crew, which bids were taken by the City. Tabulation showed Freeway Ford at $6,109.00, Superior Ford at $6,243.00, and Midway Ford at $6,503.00. cilman Courtney for award to recommeiided low bidder, Free8ay Ford. Motion of Councilman Richards was seconded by Coun- Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. 3/4 TON CARGO VAN BID AWARDED. received for a 3/4 ton Cargo Ban for the Park Crew, which bids were taken by the Mr; Roslar,d presented tabulation of three bids City. Tabulation showed Freeway Ford low bidder at '$5,400, Superior Ford at $5,416.00 and Midway Ford at $5,848.00. Motion of Councilman Richards was seconded by Councilman Courtney for awcrd to recommmded low bidder, FreeKay Ford at $5,400, Ayes : Courtney, Richards , Schmidt , Van Vnlkenbtirg Nays: None :.lotion carried. 12/19/78 *i A. 65 l/2 TON.PICKUP BID ).WARDED. 1/2 ton pickup truck for the Park Crew, which bids were taken by the City. latibn showed Freeway Ford low bidder at $4,607.00, North Star Dodge at $4,685.35, Supezior Ford at $4,718.34 and Midway Ford at $4,754.10. motion for award of bid to recommended low bidder, Freeway Ford, at $4,607.00 was seconded by Councilman Courtney. Mr, Rosland presented tabulation,of four bids- for'a Tabu- Councilman Richards' Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None . .Motion carried. 10,000 GVW 4 WHEEL DRIVE TRUCK BID AWARDED. two bids taken bv the City for a lb.000 GVW 4 Wheel Drive Truck. Mr. Rosland presented tabulation of Tabulatibn showed Midway Fo;d low bihder at $9;704.00 and North Star Dodge at $10,627.00. Councilman Courtney's motion for award to recommended bidder, North"Star Dodge at $10,627.00;~hiasmucli as bid of Midway Ford did not meet specifications was sec- onded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. SEWER RODDER BID AWARDED. rodder, said bid being that of Flexible Pipe Tool. Itas not been in the Construction Bulletin. Councilman Richards' motion for award to Flexible Pipe Tool for a net price of $15,600.00 was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of one bid for a sewer Objection was heard that Equipment Company had not been sent specifications and that the notice had Ayes: Richards, Schmidt, Van Valkenburg Nays: Courtney Motion carried. PICKLTP SWEEPER BID AWARDED. Pickup Sweeper, said bid being from MacQueen Equipment Company for a net cost of $33,826. EqGipment Company, was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. Mr. Rosland presented tabulation of one bid for a Councilman Richards ' motion for award to recommended bidder, MacQueen . 4 WHEEL DRIVE ARTICULATED LOADER BID CONTINUED TO DECEMBER 29 1977. Mr. Rosland presented.tabulation of four bids for a 4 Wheel Drive Articulated Loader showing net bids as follows: 5. I. Case at $32,124.00, Valley Equipment at $35,235.00, Minnesota Tractor at $39,322.00 and Ziegler Equipment at $41,075.00. Discussion ensued as to whether or not the bid of Ziegler Equipment Company was the low bid in view of the fact that it carried a performance guarantee over a five year period and a guarantee that maintenance costs would not exceed a certain amount. Council- man Richards' motion continuing award of bid until December 29, 1977, was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried, RADIO PAGER/MONITORS BID AWARDED. Mr. Rosland presented tabulation of one bid from Motorola Communications and Electronics, for $7,028 for 28 portable pager/ monitors and $475.00 for one Edcoder, said bids having been taken by Hennepin' County. Councilman Richards' motion for award to recommended bidder, Motorola Communications and Electronics was seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. UNDERBODY SCRAPER BIDS AWARDED. two 10 foot underbody blades showing McMullen Company low bidder at with Charles Olson & Sons bidding $3,356.00. award to recommended low bidder, McMullen Company, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of two bids for 3,340.00 Councilman Richards'. motion for Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CONTOUR MAPS OF CITY BID AWARDED. Mr. Rosland recalled that award of 3ids for contour maps of the City had been continued from December 5, 1977, to determine if the maps are really necessary mid if so, whether or not maps of this type cot11.d 12/19/77 I' be obtained from other state agencies. the infra-red photography clone by thc Department of Natural Resources is for identification purposes only and does not identify. contours. advised that the work done for Barr Engineering Company was 2'*contour interval topography and not compatible with maps already owned by the City. Councilman Richards' motion ibr award to Mark Hurd Aerial Surveys, Inc., recommended low bidder, at $20,835.00 was seconded by Councilman Courtney. Hc.said that Mr. Dunn hod advised that Council was also Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. HI-RANGER OVERK4UL BID AWARDED, overhaul of the Hi-Ranger tree trimmer as required to meet certification. lation showed only Northwest Tel-E-Lect bidding at $10,072.00. ards' motion for awarc! to recommended bidder, Tel-E-Lect, was seconded by Councilman Courtney. Mr. Rosland presented tabulation of bid for major Tabu- Councilman Rich- Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Motion carried. CITY INSURANCE DISCUSSED. insurance, Mr. Dalen has been discussing the possibility of self insurance for the City. Fred recommendations on all City insurance. Mr. Rosland advised that, with the increased cost of As recommended by Mr. Rosland, Councilman Courtney's motion that Mr. Gedelman be retained by the City on a retainer basis to review and make Ayes: Courtney, =chards, Schmidt, Van Valkeaburg .Nays: None Motion carried. METROPOLITAN SEWVR BOARD MEETING will be held on December 29, 1977. Mr. Dalen will attend. No formal action was taken. STREET IMPROVEPENT NO. C-125 ABANDONED. Being advised by Nr. Dunn that grading thru Smisek Addition is no longer needed, Councrlman Courtney offered the follow- ing resolution and moved its adoption: RESOLUTION BE IT RESOLVED that Street Improvement No. C-125, proposed to be constructed thru Smisek'*s Addition be and is hereby abandoned. Motion for adoption of the resolution was seconded by Councilman Richards. I Rollcall: Ayes: Courtney, Richards, Schmidt, Van Valkenburg Nays: None Resolution adopted. EDINA FOUNDATION RESTATED ARTICLES OF INCORPORATION AND BY-LAWS TO BE DMFTED. Mr. Hyde aiivised that, in order to qualify as a true community foundation, certain changes are necessary in the original articles and by-law. motion authorizing the Foundation Board to seek the advice of the attorney in restating the by-laws and the articles of incorporation to meet requirements of the Internal Revenue Service was seconded by Councilwoman Schmidt. Councilman Courtney's Ayes : Courtney, Schards, Schmidt, Van Valkenburg Nays: None Motion carried, PLEXIGE AGREEMENT APPROVED FOR FIRST NATIONAL BANK OF MINNEAPOLIS. by Nr. Dalen, Councilman Richards offered the following resolution and moved its As recommended adoption: BE IT RESOLVED that the City Council of the City of Edina, Hinnesota, approve the following Collateral Pledge Agreement for the First National Bank of RESOLUTION I Minneapolis: City of Bridgeport, Conn., General Public Improvement Bond Issue of 1966, Series A 3.90% Due 9/1/83 $200,000.00 City of Bridgeport, Conn. Public -School Board issue of 1966 3.90% Due 9/1/83 $110,000.00 Motion for adoption of the resolution was seconded by Councilman Richards and carried Rollcall : Ayes: Courtney, Richards Schmidt, Van Valkenburg Nays: None Eorion carried. 121 19/77 CLAIMS PAID. Motion of Couiicilman Courtney was seconded by Councilwoman Schmidt for payment of the following claims as per Pre-List: General Fund, $174,335.24; Park Fund, $1,956.92; Art Center, $1,511.97; Park Construction, $2,299.77; Swim- ming Pool, $49.91; Golf Course, $1,735.36; Arena, $4,210.80; Gun Range, $16,29; Water Works, $7,428.16; Sewer Fund, $2,185.17; Liquor Fund, $211,161.27; Con- struction Fund, $93,648.22; IBR, $382.00; Total, $500,921.08. Ayes: Courtney, Richards, Schmidt Van Valkenburg Nays: None Motion carried. No further bushess appearing, Councilman Courtney's motion for adjournment was seconded by Councilman Richards and carried. Adjournment at 10:55 p.m.