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HomeMy WebLinkAbout19780501_regular156 MINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 1, 1978 Aimwering rnllrell were members Richards, Schmidt, Shw and Courtney, ~ho served. as Mayor Pro,Tern in the absence of Mayor Van Valkenburg who arrived later in . the meeting as indicated. FLAG CEREMONY CONDUCTED by Girl Scout'Troop'202 from Cornelia School who lead the audience in the salute to the American Flag. I . MINUTES of April 3 and 24, 1978, were approved as presented by motion of Council- man Shaw, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. ORDINANCE NO. 811-Al16 GRANTED SECOND READING. Mr. Hughes presented Ordinance No. 811-All6 for Second Reading, advising that all ordinance requirements have been met. perty located between Drew Ave. and Barrie Road and between w. 65th and w. 66th Streets from Regional Medical District to Office Building District. No objekt- ions being heard, Councilman Richards' offered the following ordinance for Second Reading and moved its adoption: He recalled that The NoTthland Company had requested-rezoning of pro- . ORDINANCE NO. 811-All6 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NG. 811) BY ADDING TO THE OFFICE DISTRICT (0-1) THE CITY COUNCIL OF Tm 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 addi- tion of the following described property : Lot 4, Block 4, Southdale Acres and that part of Lot 3 lying South of the Easterly extension of the North line of Lot 2, Block 4, Southdale Acres, Hennepin County, fiiinnesota (which is in Sub-District 0-1) Sec. 2. This ordinance shall be in full force and effect upon its passage and pu'clication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall: Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Ordinance adopted. ATTEST : * $LA&, City Clerk ORDINAXCE NO.^ 811-A96 CONTINIED. Findell has not yet brought in his developers agreement for property located West of Cahill Road and North and South of Amundson Ave. extended. .Councilman Richards' motion continuing Second Reading of Ordinance No. 811-A96 until May 15, 1978, was secondecl by Councilwman Schmidt. Mr. Hughes advised Council that Mr. Roger Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. LAi?NTC BUILDING AND DEVELOPMENT ZONING REQUEST GRANTED FIRST READING. of.Xotice were presented by Clerk, approved as to form and ordered placed on file. Affidavits. Mr. Hughes recalled that an incorrect legal notice had been sent out for this hear- ing which had originally been conducted on April. 17, 1978. Reiterating objections which were made at the last 'meeting, that neighbors did.not want a double dGelling constructed in their area were Messrs. Martin Felderman, 5515 Grove Ave., and Ward Tnompson, 5908 'dansen Road, and Mrs. Naomi Ward, 5916 Hansen Road. They objected to the zoning on the grounds that it would cause additional traffic and reduce their property values. Mr. Emery Erickson, 5429 Benton Ave., said that he would not object to the double bungalow. had been-presented at the last meeting, which petition was signed by residents opposing the rezoning. to be appropriate for the site in question, inasmuch as it is next to the railroad tracks and since there is a power line easement running across the property. Councilman Richards spoke of the effort of the Council to preserve the integrity of single family neighborhoods, but added that nice double bungalows are often an asset to a neighborhood. Mention was made of a petition which Council advised residents that they believed R-2 zoning Councilman Shaw recalled that Council has often used -. . -- 5/ 1/ 78 t 157 R-2 zoning to separate single'family homes from such things as a railroad track. He remarked that. the fact that cement had been dumped on the property dver the years would make the property very expensive for R-1 development. .Councilman Richards then offered Ordinance No. 811-A118 for First Reading as follows: i ORDINANCE NO. 811-Al18 AN ORDINANCE AMINDING THE ZONING ORDINANCE (NO. 811) By mZONING PROPERTY FRO11 R-1 RIZSIDENTIfi DISTRICT TO R-2 MULTIPLE RESIDENTIAL DISTRICT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the R-2 Multiple Residential District is enlarged by That part of Loe 32, Warden Acres, lying Easterly of a line drawn from a point on the North line of said Lot 32, distant 60.00 feet East of the Northwest corner of said Lot 32, to a point on the South line of said Lot 32, distant 123.92 feet East of the South- west corner of said Lot 32; together with that part of Lot 33, Warden Acres lying West of the hinneapolis, Northfield and Southern Railroad track right-of-way line". Sec. 2. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby amended by adding the following thereto: the addition of the following property: This ordinance shall be in full force and effect upon its pass- age and publication. Councilman Richards then moved that the Second Reading of Ordinance No. 811-All8 be considered at the next meeting. Motion was seconded by Councilman Shaw. Ayes: Courtney, Richards,. Schmidt, Shaw Nays: None Motion carried. SOUTHWEST, SOUTH AND WEST EDINA PLAN AMENDMENTS CONTINUED. Councilman Richards' motion was seconded by Councilwoman Schmidt, continuing discussion of the South, Southwest and West Edina Plan Amendments until July 17, 1978. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Motion carried. ORDINANCE IqO. 811-All5 CONTINUED TO JULY 17, 1978. Councilman Richards' motion was seconded by Councilwoman Schmidt, continuing Second Reading of Ordiilance No. 811-All5 until July 17, 1978. Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Mot ion carried. DEWEY HILL 2ND ADDITION GRANTED PRELIMINARY PLAT APPROVAL. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented Dewey Hill 2nd Addition €or preliminary plat approval, advising that this 50 lot single family subdivision is located West of the proposed Delaney Blvd. and North of W. 78th Street, with lot sizes ranging from 13,500 square feet to 35,400 square feet. Mr. Hughes recalled that this property was originally planned as a part of Indian Neadows at which time a three story apart- ment building and town houses were proposed. He pointed out that access to the site is proposed to come from the East which would intersect with Delaney Blvd., wind thru the plat and exit on the West thru an outlot in Braemar 9th Addition. Mr. Hughes advised that the Community Development and Planning Commission had recommended approval, subject to the following modifications: 1) that Outlot A'should be placed at the Southern edge of Lot 16, Block 1, rather than at the Northern edge of Lot 1, Block 2; 2) that the proposed roadway in the North- western section of the subdivision should be modified to increase the radius of curvature; 3) that the proposed roadway should be moved Northerly at the point where it intersects Braemar Hills 9th Addition in order to provide a more suitable lot arrangement in that subdivision; and 4) that the property,South of the subject property *(i.e. the remainder of Tract D) in control of the proponent should be included in the proposed subdivision and identified as an outlot. In addition, the Easterly one-half of Shaughnessy Road (which is 'presently a half street) should be dedicated at that time. Mr. Peter Jarvis of Bather, Ringrose & Wolsfeld, Inc., representing the proponent, reviewed the site plan. He asked that tho Council and the Community Development and Planning Commission rgcognize the dramatic density reduction from the former proposal, so that a future proposal for 125-150 units oriented around the pond on the South- erly one-third of the property will not come as a shock. Mr, Hughes confirmed that the Planning Commission's feeling was that the Council should look'favarably upon a such a proposal. approvj-ng the proposed plat, the Council would not be doing anything which would cause or create any flow of traffic from the Southern third of the property to Councilnan Richards was assured by Mr. Jarvis that, fn 5/1/78 e Northerly portion of the property. He was also assured that approval of this plat would not preclude the possibility of Dewey Hill 2nd Addition contributing to any cost of Delaney Blvd. which might be ass&sed. man Richards that a per acre park dedication has been established for the entire site and that, -even though the entire property is being platted at this time, he would recommend that parkland dedication be required at the present time for only the portion actually being developed in single family lots, with the final parkland dedication to be made about two years from now. sufficient right-of-way will be dedicated thru the outlot on the Easterly edge of Braemar Hills 9th Addition. Associates, said that no final decision had been made on this matter, but that the developers had said that they should be paid for the outlot. dis6ussions are continuing and that they should reach an agreement. Richards recalled that it was the understanding at the time that Braemar Hills 9th Addition was approved that the outlot would be dedicated to the extent needed for road purposes without payment as is customary. of Dewey Hills 2nd Addition, said that it.had been his understanding that the outlot in Braemar Hills 9th Addition had been established so that the alignment of the . -: yoad. could be determined and that it was only two weeks ago that he learned that he was expected to pay for the lot. Mr. John Vincent, developer of Braemar Hills 9th Addition, said that the matter should be resolved privately. Courtney confirmed that it had been the Council's understanding that when Braemar Hills 9th Addition had been approved, it was recognized that a portion of the outlot would be dedicated for a roadway-without any cost. reasnn that the road had not been included in the plat was as an accomodation to the landowner because it had not yet been determined exactly where the road would be located. Councilman Richards then offered the following resolution and moved its adoption: Mr. Hughes advised Council- i Councilman Richards 'then asked for reassurance that when the property to the West is developed, a. Mr. John Buie, representing Edina Development I He added that Councilman Mr. Lawrence Laukka, developer =.,. Mayor Pro Tem It was clarified that the only RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR DEWEY HILL 2ND ADDITION . BE IT RESOLVED by the Edina City Council that that certain plat known as Dexey -Hill 2nd Addition, presented at the Edina City Council Meeting of May 1, 1978, and platted by Lawrence A. Laukka, be and is hereby granted preliminary plat . spproval, with' the understanding that the road pattern will be subject to recon- 'figuration if, by the time the plat is brought back for final approval, no determination has been made on the location of the road from Braemar Hills 9th Addition and with the further understanding that conditions be met as recommended by the Community Development and Planning Comission as set out previously in these minutes. Motion for adoption of the resolution was seconded by Councilman Shaw, Rollcall : Ayes : Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. 4 Councilman Richards then offered the following resolution and moved its adoption: - RESOLUTION BE IT RESOLVED that the Edina City Council take appropriate steps to rescind the prior plat approval granted €or Braemar Hills 9th Addition and to take whatever steps are necessary to effectuate the intent of Council's action in approving Braemar Hills 9th Addbtion in regard to the creation of Outlot B (i.e.; that a portion thereof be dedicated for public road purpnses without cost) and that the City Attorney be authorized to take such action, including filing of a lis pendens, to obtain such road dedication withdut cost, and so that any buyers of property in Braemar Hills 9th Addition will be aware that there is litigation on the property; and BE IT FURTHER RESOLVED that this resolution will become ineffective if the road dedication is made without cost by the developer of Braemar Hills 9th Addition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. . . . . Rollcall: I Ayes: Courtney, Richards, Schmidt, Shaw Nays: None Resolution adopted. City Attorney Erickson suggested that his office might also look into other methods. of holding up development of Braemar Hills 9th Addition, such as the issuance of building permits, division of taxes, special assessments, etc. agreed that this motion would not limit the attorney or any of the staff in taking any action deemed necessary'. Councilman Richards WOODBURY PARK SECOND ADDITION ZONING'AND FINAL PLAT CONTINUED TO JLTE 5, 1978.- - Mr. Hughes recalled that on October 17, 1977, the Council had granted preliminary plat approval for Woodbury Park Second Addition and First Reading for Ordinance No. 811-A105 subject to the vacation of the alley located on the South side of the 5/1/78 property and with the understanding that there be no access from Lots 2 acCi 3 of the plat on to France Ave. developer and that the Planning Commission has now recommended final approval of the plat and second reading for Ordinance No. 811-A105 under which lots 1 and 5 would be zoned R-1 and lots 2, 3 and 4 would be zoned R-2 Multiple Residence District. 3709 W. 55th St., Mr. and Mrs, Charles Paulus, 3705 W. 55th St., Mrs. Connie Wyman, 3512 W. 55th St. Mr. and Mrs, James Driggs, 3609 W. 55th St., and Mr. L,ee Christensen, 3600 W. Fuller St. borhood with single family characteristics and that current property owners should be considered. to move into Edina and that these families were not as apt to move into double bungalows. Mr. Paulus presented two letters requesting R-1 zoning for Lot 4, one letter being from Mrs. Sue Knips, 3701 W. 55th Street. In response to Mr. Hughes' remark that R-2 zoning would be a transitional use between the Hebrew cemetery and R-1 lots, Mr. Paulus said that his house also abuts the cemetery and that he had not considered any "transition" necessary. arrived at the meeting at this time. Mayor Pro Tem Courtney continued to pre-. side.) Mr. Jerry Hanson, 6116 Logan Ave. S., speaking for the developer, reviewed proposed plans for the double bungalow which they wish to construct on Lot 4. Mr. Hughes recalled that the original proposal for the site had cow tained nine townhouse units and that the present proposal has a considerable density reduction. that the matter be sent back to the Community Development and- Planning Commission for its consideration of R-2 zoning for Lot 4 and that the zoning and plat be continued until June 5, 1978, was seconded by Councilwoman Schmidt. He advised that all conditions have been met by the Speaking in objection to the R-2 zoning of Lot 4 were Mrs. Gail Ffoll, Neighbors coneended that theirs was a neigh- They said that families with children should be encouraged (Mayor Van ValkenSurg Following considerable discussion, Councilman Shawls motion Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. LOT 23, BLOCK 1, OSCAR ROBERTS FIRST ADDITION DIVISION APPROVED. presented Lot 23, Block 1, Oscar Roberts First Addition for lot division along the party wall of a two fainily dwelling as recoinmended by the Planning Commis- sion. resolution and moved its adoption: WHEREAS, the following described property is at present a single tract of lcind: . TZEREAS, the owners of the above tract o'f land desire to'subdivide said trakt into the following described new and separate parcels (herein called "Parcels"):- * Mr. Hughes No obj ections being heard , Mayor '.Van Valkenburg offered the following RESOLUTION Lot 23, Block I, Oscar Roberts First Addition; and The South one-half of Lot 23, Block 1, Oscar Roberts First Addition; and Lot 23, Block 1, Oscar Roberts First Addition, except the South one-half thereof; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that -compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purpose of the Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 801 and 811; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina that the conveyance and ownership of the second above described Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ord- inance Nos. 811 and 801 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No, 801 and Ordinance No. 811, and subject to the limitations set out in Ordinance No. 811 and said Ordinances are not waived for any other purpose or as to any other provisions thereof , and further subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. LOTS 1 AND 2, BLOCK 2, PARKWOOD KNOLLS 17TH ADDITION COMBINATION APPROVED. Mr. Hughes presented the petition for realignment of the lot line between Lots 1 and 2, Block 2, Parkwood Knolls 17th Addition, advising thata new lot is being created. Mayor Van Valkenburg offered the following resolution and moved its adoption: WHEREAS, the following described tracts of land are now separate parcels: As recommended by the Community Development and Planning Comdssion, RESOLUTION 5/1/78 iL Lot 1, Block 2, Parkwood Knolls 17th Addition; and Lot 2, Block 2, Parkwood Knolls Additions; and kTHEREAS. the oTners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein described as "Parcels") : Lot 1, and the basterly 18 feet of Lot 2, Block 2, Parkwood Knolls 17th Addition; and thereof; and -Lot 2, Block 2, Parkwood Knolls 17th Addition, except the Easterly 18 feet WHEREAS, it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an'unnecessary hardship and said Parcels as separate tracts of land do not interfere with the purposes of the Subdivision and Zoning Regulations as contained in the City of Edina, Ordinance Nos. 801 and 811: ~ Now, therefore, be it hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Farcels as separate tracts of land .is hereby approved, and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to'allow said division and conveyance thereof as separate.tracks of land, but are not waived for any other purpose or as to any other provision thereof, and subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or mth the prior approval of this Council as may be provided for by those ordinances. Motion for adoption of the resolution was seconded by Councilgoman Schmidt. - Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PLANNED INDUSTRIAL DISTRICT ORDINANCE AMENDMENT AS TO DISCOS IN ROLLER :RINKS . CONTINUED TO MAY 15, 1978. Motion of Mayor Van Valkenburg was seconded by CozIIlcilman Shaw and carried, setting May 15, 1978 as hearing date for a Planned Industrial District Ordinance Amendment. Ayes: Courtney, Richards, Schmidt, Shaw. Nays: None Motion carried. LOT 4, BLOCK 1, KENNEY ADDITION UTILITY EASEMENT VACATION APPROVED. of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hoffnan presented the petition for vacation of a utility easement in part of Lot 4, Block 1, Kenney Addition,' in accordance with a resolution April 3, 1978. No objections being heard, Mayor Van Valkenburg offered the fol- lowing resolution and moved its adoption: Affidavits adopted on . RESOLUTION VACATING UTILITY EASEMENT IN LOT 4, BLOCK 1, KENNEY ADD ITION WHEREAS. a resolution of the.City Council, adopted the 3rd day of April, 1978, .- fixed a-date for a public hearing; and WdEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 1st day of May, 1978, 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 easement 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 owning. or eontrolling 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 con- tinue maintaining the same, or to enter upon such street or portion thereof vac- . ated to maintain, repair, replace, remove, or otherwise.attend thereto. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, that.the following described vacation be and is hereby vacated: That part of the East 10 feet of the West 30 feet of Lot 4, Block 1, Kenney Addition, lying South of the North 5 feet and North of the Southeasterly 5 feet of said Lot 4; And that'the Clerk is authorized and directed to cause a notice of completion of proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. -.-__. .. r 5/1/78 Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. T.H. 100 NOISE BARRIER OBJECTION REFERRED TO ENGINEERING DEPARTMENT. Mr. Ros- land called Council's attention to a 1etter.from Mr. Ray L. Wallentine, 6821 Normandale Blvd., objecting to the fact that the aound barrier on the East side of T.H. 100 is to end at the middle.of W. 69th Street, mainly because of the request of Christ Presbyterian Church. Mr. Rosland advised that the matter has been referred to the Engineering Department. J.P.'S RESTAURANT ON-SALE BEER LICENSE APPROVED. Mr. Rosland presented the request of Mr. Jerry Paulson for an On-sale Beer License at his new restaurant at 5125 Vernon Avenue. Being advised that no objections have been received by the City Clerk in response to notices sent to residents within 500 feet of the site of the restaurant, Mayor Van Valkenburg's motion approving issuance of the On-sale Beer License was seconded by Councilman Shaw. No action was taken. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. a 0 CETA/PERA POLICY CONTINUED TO MAY-15, 1978. recent change in CETA regulations prohibits the-use of CETA funding to reim- burse an employer for pension costs. Under the new legislation, CETA members have been exempted from required membership in PERA and the employer now has the option of funding the employer contributions (5.5% for general and 12% for fire and police). In response to the recommendation that the City not contribute the employers share of any PERA employees except tl;e three firefighters who are presently on CETA, and who are also included in the 1978 Budget, Mayor Van Val- kenburg's motion that the matter be continued to May 15, 1978, so that it can be determined if CETA employees would have an opportunity to buy back into PERA if they so desire, was seconded by Councilman Richards. Mr. Rosland advised Council that a . Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried, DISEASED SHADE TREE SUBSIDY POLICY TO BE CONTINUED FOR 1978. Council's attention to a memorandum from Mr. Kojetin reviewing the results of Mr. Rosland called the Diseased Shade Tree Subsidy Policy of the City for 1977, and advising that rhe State Shade Tree Disease Department has allocated only 28% for 1978 as a match against City expenditures for subsidies. Council was advised that, if about 10% more people take advantage of Edina's subsidy in 1978 and the sub- sidy is apportioned in the same manner as in 1977, the City will spend an addi- tional $6,631 more this year after State match, for an estimated total of $32,417 for 1978. Councilman Shaw's motion was seconded by Councilman Richards that the 1977 shade tree program be continued for 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. RALPH B. CAMPBELL 111 NAMED AS AN OUTSTANDING YOUNG MAN OF AMERICA IN.1978. Mr. Ralph Blane Campbell, 111, was congratulated by the Council upon his select- ion as an Outstanding Young Man of America in 1978 in recognition of outstand- ing professional achievement, superior leadership ability and exceptional ser- vice to the community. The award was made by the Junior Chamber of Commerce. EDINA LOGO LICENSE AGREEMENT APPROVED, Mr, Rosland recalled discussion held at the Special Meeting of April 24, 1978, regarding the request of a local jeweler that an agreement be developed under which he could sell items bearing the Edina Logo. resolution and moved its adoption: RESOLUTION BE IT RESOLVED that the Edina'City Council does hereby approve the form of License Agreement developed by the City Attorney which specifies that a Licensee wishing to use the Edina Logo pay to the City an initial fee of $100.00, plus the first year's fee of 5% of gross sales over $2,000.00 and that an annual renewal fee of $25.00, plus 5% of the annual gross sales over $500.00; and BE IT FURTHER RESOLVED that the City reserve the right to inspect the books of the Licensee if it has reason to question reported sales, and that the Licensee pay for such costs if the correct amount of sales has not been reported. Motion for adoption of the resolution was seconded by Mayor Van Valkenburg. .. Following discussion, Councilman Shaw of.fered the following * 5/1/78 Rollcall : * Ayes: Courtney, "Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. DEFERRED COMPENSATION DISCUSSED. had written letters to Edina's representacives in Washington requesting that municipal employees continue to be allowed to invest their salaries and wages in presently approved deferred compensation plans. Mayor Van Valkenburg advised Council that he No action was taken. I HATCH ACT DISCUSSED. representatives in Xashington, urgint that no action be taken which would weaken the Hatch Act. No action was taken. SEMINAR AND ZIEETING REPORTS DISCUSSED. Mayor Van Valkenburg asked that employees attending educational seminars and meetings at City expense be reminded that the reports of those events are to be submitted to the Council. No action was taken. Mayor Van Valkenburg advised that he had written to Edina's JULY 3, 1978, COUXCIL MEETING DATE CHANGED TO JULY 17, 1978, by motion of Mayor Vsn Valkenburg, seconded by Councilman Richards. Ayes : Nays: None Motion carried. Courtney, Richards , Schmidt , Shaw , Van Valkenburg HEALTH SERVICES BOARD REPORT GIVEN. the Community Nursing Services has contributed funds to supplement the School Health Program and also that $19,759 of subsidy funding has been contributed to Nursing Care. She said that she believes that Edina has used its funds wisely. Councilwoman Schmidt also advised that the Health Services Bcard has recommended that the next Newsletter contain information advising the public as to what health services are available. No formal action was taken. . Councilwoman Schmidt advised Council that . RIDGE ROAD PLANS DISCUSSED. Mr. Rosland advised that Council should be aware of a telpehone call which he had received from Mr. Donald Strom, 4929 Ridge Road, asking that Council reconsider ramifications of the Ridge Road decision. No action was taken. XINNEAPOLIS SYliPHOhT ORCHESTRA CONCERT DISCUSSED. Mr. Rosland advised that the he has received a request to permit a concert by the Minneapolis Symphony Orch- estra at Lund's parking lot on July 4, 1978, and.that plans have been made to place barricades on 50th Street. ho action was taken. ART CENTER DEDICATIOX ANNOUNCED.. Note was made that the Edina Art Center would be dedicated on May 21, 1978. Council was urged to attend. No action.was taken. CIVIL DEFENSE WARNING SIREN BID ATJARD CONTINUED TO MAY 15, 1978. Mr. Rosland . presented tabulation of two bids received for installation of a Civil Defense warning siren installation and relocation at Cornelia School Park, 72nd Street and Cornelia Drive and for relocation of the siren from 7004 Wooddale Ave. to the Northwest easement of the street across from 7 Overholt Pass, showing Electric Service Com7any of Minneapolis low bidder at $8,020.00 against bid of Egan-McKay ElectrFcal Contractors, Inc., of $10,980. He advised that the City will receive SOX reimbursement from the Federal Government and up to 25% reim- bursement from State Civil Defense Funds. Mrs. Ann Overholt, 7 Overholt Pass, objected to installation of the siren at the proposed site on Overholt Pass, on the grounds that the siren would be disturbing from an aesthetic point of view as well as the noise so near to her home. greund utilities an6 that the siren would be unsightly. Mrs. Overholt suggested . that the siren be installed at Mohawk trail and Iroquois Circle or adjacent to County Road 18. chosen because tIie high elevation would give more coverage in the area and added that residents ir, Indian Foothills have been objecting that they cannot hear the existing siren. Following discussion, the matter was continued to May 15, 1978, so that alternative solutions could be sought, by motion of Councilman Richards, seconded by Councilwoman Schmidt. She advised that they have all under: Police Chief Craig Swanson explained that this site had been Ayes: Courtney, =chards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. MORNINGSIDE AXEA WATER SERVICE REPLACEMENT BID AWARDED. Mr. Rosland presented tabulation of Hayes Contractors, Inc., for water service replacement in the Morn- ingside Area of: $126,515.00, the only bid received in response to Advertisement for Bids in the Edina Sun and Construction Bulletin. Mr. Rosland advised that 5/1/78 163 I the reason that the bii had come in so much igher than the Engineer's est,.nate was the possibility that a number of the holes may have to be dug by hand, add- ing that the Engineers would be watching the work closely. motion for award to recommended bidder, Hayes Contractors, Inc., was seconcied by Mayor Van Valkenburg. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Richards'. TREE REPLACEMENT BID AWARDED. received for trees showing Minnesota Valley Tree Service low bfdder at $4,995.00, Halla Nursery at $6,120 and Natural Green at $6,065.00. motion for award to Minnesota Valley Tree Service as recommended was seconded by Mayor Van Valkenburg. Mr. Rosland presented tabulation of three quotes Councilwoman Schmidt's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. POLICE LIABILITY INSURANCE CONTINUED TO MAY 15, 1978. Mr. Rosland presented a tabulation of bids from three insurance companies for police liability insurance, recommending the bid of Drake Insurance Company with a premium of $8,708 for coverage in the amounts of $100,000/300,000/500,000. He recalled that, while the City would normally be sued for actions of its police officers, the chances are increasing for officers-to be sued individually and pointed out the three options open to the City in this matter as follows: the defense costs and handle the judgement costs on a case by case basis; insure the defense costs and pass a resolution indicating that it will pay for any adverse judgement costs against the officers; or 3) Purchase insurance with specified limits for the individual officers for covering their on-duty actions. Mayor Van Valkenburg's motion that the matter be continued to the meeting of May 15, 1978, for further study was seconded by Councilman Shaw. 1) The City may self insure' 2) Self Ayes: Courtney, Richards, Shaw, Van Valkenburg Nays: Motion carried. Schmidt, who said that she opposed thedelay of the decision. . EWING CIRCLE . IPPROVEMENT PETITIONS- REFERRED TO ENGINEERING DEPARTMENT. Council- man Richardsr motion was seconded by Councilman Courtney, referring petitions for sanitary sewer, watermain and permanent street surfacing and curb for Ewing Circle to the Engineering Department. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. * ORDINANCE NO.311-AlO ADOPTED. Mr. Rosland referred to a letter from Mrs. Warner Peterson in which she requested that the Council amend its ordinance pertaining to dog houses and dog enclosu'res because of the dog house in a front yard in her neighborhood. of law because a Judge had interpreted that the term "enclosure" did not mean "dog house". its zoning ordinance as well as through an amendment to the animal ordinance. Mrs. Peterson advised that the dog house was mc.ved as of April 29, 1978, but urged the passage of the ordinance in ca-se the dog house shoul-d be moved back to the front of the-yard. Mayor Van Valkenburg then offered Ordinance No. 311-A10 for First Reading, with waiver of Second Reading and moved its adoption as fol- lows : Mr. Rosland recalled that the City had lost its case in a court He advised that the City is trying to abate the nuisance through ORDINANCE NO. 311-A10 AN ORDINANCE AMENDING ORDINANCE NO. 311 TO REDEFINE DOG ENCLOSURE AND TO CHANGE THE PROVISIONS RELATING TO MANNER OF CONFINMENT OF CERTAIN ANIMALS THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. is hereby amended to read as follows: of any kind, including, without limitation, pens, fenced areas, and doghouses, that is principally used, or designed for use, as a place for the keeping of one or more dogs and having an area less than 1500 square feet." Sec. 2. Subparagraphs .(a), (b), (c) of Sec. 16 of Ordinance 311 are hereby amended to read as follows: their escape and access thereto by other animals. dangerous or vicious nature or disposition shall be confined in a manner that will prevent their causing harm to persons and which will prevent their escape and in a piace from which they cannot be released by persons other than those who own or The definitiori of "dog enclosure" in Section 1 of Ordinance No. 311 "'Dog enclosure' means &y building or portion thereof, structure, or area "(a) "(b) Animals in heat shall be kept confined in a manner that will prevent Animals including but not limited to dogs and cats of a fiercP-, 5/1/78 164 harbor the animal, except when muzzled and under the control of a competent person. "(c) physical capacity to be dangerous to the safety and welfare of any person shall be confined in such a manner that it cannot harm persons, and in a place which prevents its escape and which prevents access to the animal from the outside by persons other than its owner or those having control of it. tation facilities for it shall be approved by the City Animal Control Officer and the City Public Health Sanitarian prior to the importation of a wild animal or reptile into the City. The City shall inspect the facilities from time to . time to insure the health and safety of the public and the animal. Iteducing such wild animals or reptiles to captivity, whether trained or otherwise dom- ' esticated, shall not remove such animal or reptile from the requirements and regulations herein. Wild animals and reptiles which are not confined as herein provided, or confined in an unapproved place, shall be deemed a public nuisance and the City shall proceed to abate said public nuisance by all lawful remedies, including impoundment and destruction, without compensation to the owner. event that such wild animal or reptile is a protected species, applicable State and Federal laws shall apply to the abatement of the nuisance." Sec. 3. publication. Motfon for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Shaw, Schmidt, Van Valkenburg - Nays: Richards Ordinance adopted, Any animal or reptile which in its uncaptured, wild state has the Such place and sani- In the This ordinance shall be in full force and affect upon its passage and - - ATTEST: 4L d, 7- City Clerk . f I Councilman Richards then asked the City Manager to furnish information as to-how '=such money has been spent in staff time and legal fees in the adoption of ordi- -n~nces which should have been solved by the individuals specifically involved in -9 a particular problem. SPECTUL MEETING OF COTTCIL AND PARK BOARD ANNOUNCED. announced a special meeting to be held with the Park Board on May 15, 1978, for the dedication of Todd Park and with an informal meeting to follow in the City Eall Conference Room. -I Mayor Van Valkenburg ART'EUR C. BREDESEN, 111 APPOINTED TO H.R.A. As recommended by Mayor Van Valken- burg, Councilman Richards offered the following resolution and moved its adoption: - A RESOLUTION APPROVING THE APPOINTMENT OF ARTHUR C. BREDESEN, 111, TO THE HOUSING AND REDEVELOPMENT .*.I AUTHORITY OF EDINA, MINNESOTA BE IT RESOLVED by the City Council of Edina, liinnesota, that the appointment by the Mayor of Edina, Hinnesota, of Arthur C. Dredesen, 111, to serve as Commis- sioner of the Housing and Redevelopment Authority of Edina, Ninnesota, for the remainder of the five year term which began on April 1, 1978, as set forth in the Certificate of Appointment dated May 2, 1978, be and the same is hereby approved. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Kays: None Resolution adopted. I STORH SEWER IMPROVEMENT 145A AND STREET IMPROVENENT BA-204A BIDS TO BE TAKEN. AS reconmended by Mr. Hoffman, Councilwoman Schmidt offered the followint resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS DIRECTING ADVERTISEHENT FOR BIDS STORM SEWER IMPROVEMENT NO. ST.S-145A FOR PROPOSED EPROVEMENTS AND FOR STREET IMPROVEMENT EO. BA-104A AND BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDINA, MINNESOTA: 1. The plans and specifications for the proposed improvements set forth in the following Advertisement for Bids form, heretofore prepared by the City Engineer. and now on file in the office of the City Clerk are hereby approved. 2. The Clerk shall cause to be published in the Edina Sun and Construction Bul- letin the following notice for bids for improvements: , .. .. 5/1/78 (Official Yublication) I CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 165 i A ADVERTISEMENT FOR BIDS PERMANENT STREET SURFACING WITH CONCRETE CURB @ID GUTTER IMPROVEMENT NO. BA-204A AND STORM SEWER IMPROVEMENT NO. ST.S-145A BIDS CLOSE MAY 26. 1978 SEALED BIDS will be received and opened in the Council Chambers in Edina City Hall, 4801 W. 50th Street, at 11:OO a.m., Friday, May 26, 1978, and the Edina City Council will meet at 7:OO p.m., Monday, June 5, 1978, to consider said bids for construction of Permanent Street Surfacing, Concrete Curb and Gutter and Storm Sewer. approximate quantities of major items: These will be two separate bids and not tied. The following are Improvement No. BA-204A 59 , 800 C/Y, Common Excavation 38 , 200 Tons, Gravel Base 9 , 480 Tons, Bituminous Paving 1,280 Tons, FA-3 Traprock Seal Coat 49,800 L/F, B 6-18 Concrete Curb and Gutter 41,600 S/Y Sod a 141 , 550 S/F, 4" and 6" Concrete Sidewalk 2 , 000 S/F, Dri Wall Retaining Wall F I\ a @a 143 Each, Trees Cleared, Grubbed and R2moved Improvement No. 'ST. S-145A a 8 Each, Manholes 3,100 L/F, 36", 30", 27", 18" and 12'' R.C.P, 17 Each, Catchbasins 10 Each, Trees Cleared, Grubbed and Rcimoved 4,200 C/Y, Common Excavation Bids shall be in a sealed envelope with a statement thereon showing the work covered by the bid. 4801 W. 50th St., Edina, Minnesota 55424, and may be mailed or submitted person- ally to the City Engineer. the mail or by personal submission, after the time set for receiving them may be returned unopened. Work must be done as described in plans and specifications on file in the office of the City Clerk. $25.00 (by check). specifications, with.a bona fide bid. and accompanied by bid bond or certified check payable to the City Clerk in the amount of at least ten '(10) percent of amount of base bid. reserves the right to reject any or all bids. BY ORDER OF THE EDINA CITY COUNCIL. - Bids should be addressed to the City Engineer, City of Edina, Bids received by the City Engineer, either through Plans and specifications are available for a deposit of Said dep0si.t to be returned upon return of the plans and No bids will be considered unless sealed 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, Van Valkenburg Nays: None 'Resolution adopted. .. LIQUOR FUND REPORTS as of January 31, and February 28, 1978, were presented by Er. Dalen, reviewed and ordered placed on file by motion of Councilman Richards, seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CLAIMS PAID. for payment of the following claims as per Pre-List: Park Sinking, $20,147.50;.Pool Fund, $80.14; Golf Fund, $12,984.55; Arena Fund, $781.88; Water Fund, $9,533.56; Sewer Fund, $2,570.81; Liquor Fund, $509.87; Construction Fund, $483.92; PIR ($129.34); IBR, $112,308.63; Total, $292,356.31. Motion of-Mayor Van Valkenburg was seconded by CouncilwomAn Schmidt General Fund, $120,522.21; I Park Department, $9,247.34; Art Center, $316.24; Park Construction, $2,999.00; Council's adgenda having been covered, Councilman Shaw's motion for adjournment was seconded by Councilwoman Schmidt. Adjournment at 9:55 p.m. i d.8. /&, City Clerk b