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HomeMy WebLinkAbout19780515_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MAY 15, 1978 1 Answering rol-lcaii were members Courtney, Rkhards, ScImidt , Shaw and Nayor .Vas Valkenburg . MXNUTES of April 17, 1978; were approved as submitted by motion of Councilman Courtney, seconded by Councilman Shaw. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion adopted. THOMAS BEAVER, PATRICK HALEY AND JAMES HURLN RECOGNIZED. Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, Patrick Haley and James Hurley learned Cardio-Pulnonary Resuscitation fromMr. John Olsen's Health Class at Edina West Upper Division during the school year 1975-76; and WHERXAS, at approximately 1:30 p.m. on Fridsy, April 14, 1978, Messrs Haley and Hurley, along with Edina golf Coach Thomas Beaver, were at Braemar Golf Course when long-time Edina resident, Mr. Frank E. Garrison, 4420 Garrison Lane, suffered a cardiac arrest; and TEEREAS, Messrs. Beaver, Haley and Hurley, realizing the seriousness of the situ- ation, immediately responded by initiating "CPR", a 12feZsustaining procedure; and WHEREAS, because of Messrs. Beaver, Haley and Hurley's alert and prompt reaction to this emergency situation, Mr. Garrison was kept alive until Edina Paramedics arrived and took over; WOW, THEREFORE, BE IT RESOLVED that the Edina City Council does hereby commend MESSRS. THOMAS BEAVER, PATRICK HALEY AND JAMES IN for their attentive and effecient action in saving this citizens life. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. RESOLUTION OF CONGRATULATIONS ' . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. MUNICIPAL CLERK'S WEEK PROCLAINED. proclamation: iJHEREAS, the success of any unit.of government is measured bythedirect proportion to its ability to.meet the need.s of its people; and IHEREAS, it is imperative to our citizenry that municipal government operate in an.! orderly and efficient manner; and l.JHEREAS, Bfunicipal Clerks' accurate recording, careful safeguarding and prompt . retrieval of public records of municipal government; and WHEREAS, the Municipal Clerks undertake a variety of adniiiiistrative, financial informational and human services which are vital to an effective and responsible gov- ernment at the local level; and TJE-FFREAS, Municipal Clerks strive continually to improve the administration of their office, consistent with applicable laws and state management, in orders. to fulfill their responsibiilities to the community; and WHEREAS, Nunicipal Clerks are dedicating themselves to pursue training and pro- fessional education which will expand their knowledge and their awareness of the nesds of their local governments and their decisiom; NOW,=TEiEREFORE, I, James Van Valkenburg, do'hereby proclaim the week of May 14 through Hay 20, 1978, qs Municipal Clerk's Week in recognition of the vital ser?'. vices they perform and their outstanding dedication to the communities they represent, and especially to FLORENCE B. HALLBERG, Edina City Clerk. Motion confirming the adoption of the resolution was seconded by Councilman- Shaw. Maynr Van Valkenburg issued the following PROCLAMTION- * are essential to the efficient day-to-day functioning I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Xvs: None proclamation adopted. ORDINANCE NO. 811-Al18 ADOPTED ON SECOND READING. Mr. Hughes recalled that First Reading for R-2 Residential District zoning for property owned by Mr: Kenneth Lannto located South of Benton Ave. and West of the NN&S Railroad tracks had been granted on May 1, 1978, and responded to Council's questions regarding the zoning adjacent to the property in question, Mr,,Martin Pelderman, 5517 Grove St., recalled that some 55 persons had signed a petition in opposition to the proposed zoning. neth Lannto, 5705 Grove St., the petitioner, said that signers of the petition are only objecting to the propwal in principle and pointed out that immediate neighbors Efr. Ken- 5/15/78 16.7 I primary viewer of the property has said that he would be happy to see the property have not expressed any opposition to his proposal, neighbors, only the family to the East have expressed opposition and that the improved. Be shmcd Flnns for the builztng, advisirg thzt hc has hnd a3 objcct-, ions to the plan itself, and that only one garage would be facing the street, Councilman Richards said that, while Council is sensitive to the wishes of neigh- bor~~ he believes that the site in question is a legitimate location for R-2 zoning inasmuch as there is a double bungalow across the street, it is next to the railroad tracks and Northern States Power Company holds an easement for its power lines on the site, He then offered the following ordinance for SecoEd Reading and moved its adoption: i He said that of the adjacent ORDINANCE NO. 811-A118 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCILOF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: of the following property: Section 1. "The extent of the Multiple Residence District is enlarged by the addition That part of Lot 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 Southwest corner of said Lot 32, together with that part'of Lot 33, Warden Acres lying West of the Minne- apolis, Northfield & Southern Railroad track right-of-way line Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is This ordinance shall be in full force and effect upon its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. ORDINANCE NO. 811-A96 CONTINUED TO JUNE 5, 1978. As recommended by Mr. Hughes, Councilman Courtney's motion was seconded by Councilwoman Sc!:midt, continuing Second Reading of Ordinance No, 811-A96 until June 5, 1978, said ordinance being for rezoning of property owned by Mr. Roger Findell and located West of Cahill Road and North and South of Amundson Ave. exteended from R-1 and R-3 Residential District to PRD-3 Residential District. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 811-A93 GRANTED SECOND READING. Being advised by Mr. Hughes that Ordinance No. 811--A93 had received First Reading on May 21, 1977, but that the ' ordinance had never been brought back to Council for Second Reading, Councilman Courtney offered the following ordinance for Second Reading md moved its adopt- ion as recommended by Mr. Hughes: ORDINANCE NO. 811-A93 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REMOVING FR3M THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA ORDAINS: Section 1. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby amended by adding the following thereto: "The extent of the Multiple Residence District is reduced by removing the following properties: Outlot A and Lots 3 and 4., Block 2, and Lots 11 and 12, Block 1, Edina Green, which are in Sub-District R-1". Sec. 2. and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt, This ordinance shall be in'full force and effect upon.its passage Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenbur Resolution adopted. ,Nays: None ATTEST : 4L.C-L A- dM &Q City Clerk 5/ 15/78 168 c- 9ANCE HALLS CONSIDERED AS PRINCIPAL USE IN PLANNED INDUSTRIAL DISTRICT. Affida- vits of Notice were presented by Clerk, approved as to form-and ordered.placed on file. Cente-r-to hold disco dances at the site of the roller skating center, pointing out that dances are a permitted use in"t1ie Commex?cial District, bui not in <he Industrial District as the roller skating center-site is zoned. that the Community Development and Planning Commission had reviewed the request and agreed that it might be appropriate to use the roller skating center-for disco dances on a trial basis, prior to adoption of a permanent ordiaance amend- ment. - that an annual permit must be issued by the Council, that persons under the age of 16 must be accompanied by a parent or guardian at such dance halls, that persons between the age of-16 and 18 must have the written consent of a parent or guardian, and that an officer of the law must be present. thatl'nearly all of the (police) officers have indicated that the Saints Valley View Roller Skating Center has an excellent record of supervision and recom- mended that the dance hall be approved". handball courts, tennis clubs and roller skating arenas already being permitted uses in the Planned Industrial Distrzct, additional uses which are essentially commercial in nature might "weaken the integrity of the Planned Industrial District zones and,' in effect, transform them into quasi-commercial areas". clarified that the Planning Commission recommended that the dance hall be allowed on a temporary basis under whi'ch a permit would be issued by the Council, rather than by ordinance amendment. Saints Roller Skating Centers, actvised that it is difficult to earn an adequate return on their investment during the summer and urged that dancing be permitted on Mondays and Saturdays of each week. suggesting that it is better to have the young people in this community where the City has control over the establishment. Mr. Erickson pointed out that, if the ordinance is amended to allow public dances in the Planned Industrial District, then it will be difficult to deny a permit to any property owner in that district, even though the Council may feel that such a use is inappropriate. Councilman Courtney's motion that the rezoning be continued to June 5, 1978, and so an appbica- cation for a dance hall can be submitted to the Council as required by laywas seconded by Councilwoman Schmidt. . Mr. Hughes presented the request of Saints Valley View Roller Skating He advised Council was advised that Minnesota Statutes and City Ordinance 201 require I Mr. Hughes advised Nr. Hughes expressed concern that with He . Mr. Jerry Dxmbroski, representing the Mr. Rosland spoke in favor of the request, Ayes: Nays: None - Motion carried. Courtney, Richards, Schmidt, Shaw, Van Valkenburg ORDINQTCE NO. 811-A91 GRANTED SECOND READING; Being advised by Mr. Hughes that Ordinance No, .811-A91 been brought back to Council for Second Reading, Councilman Courtney offered the following ordinance for Second Reading and moved its adoption as recommended by Mr. Hughes: had received First Reading, but that the ordingnce had never - ORDINANCE NO. 8ll-A91 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE MULTIPLE RESIDENCE DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. "The extent of the Multiple Residence District is enlarged by the addition Lots 1, 2 and 3, Block 1, Nine Nile North 2nd Addition, which is in Sub- District R-2". Sec. 2. 2nd publication. Motion €or adoption of the ordinance was seconded by Councilwoman Schmidt. Paragraph 1 of Section 4 of Ordinance No. 811 of the City is amended by adding the following thereto : of th-2 following properties : This ordinance shall be in full force and effect upon its passage . Rollcall : Ayes: Nays: None Ordinance adopted. Courtney, Richards, Schmidt, Shaw, Van Valke ATTEST : Y 9,& Jh City Clerk BLAKE RIDGE ESTATES GRANTED FINAL PLAT AP ROVAL AND R-1 ZONING SUBJECT TO CERTAIN CONDITIONS. Mr. Hughes presented Blake Ridge Estates for Final Plat approval , along with Second Reading of Ordinance No. 811-A103, recalling that this.plat had been granted preliminary approval and Pirsc Reading of the Ordinance on August 15, 1977. He recalled that the property, located South of Vernon Avenue and East of Olinger Blvd. had originally been zoned for town houses. Mr. Ericlcson recom- mended that approval be based on the condition that the townhouse associatio~J69 accept Outlot A. essed against Outlot A, but that the tax on the town homes is increased as a result of the increased valuation from the added open space provided by Outlot A. Mr. Egil Wefald, representing the Town Homes of Blake Ridge, recalled that at the origical hzarkg, it had been agreed that the outlot would be deeded to the Town Homes of Blake Ridge so as to provide a side yard setback. that once the property is deeded to Town Homes of Blake Ridge, it will always remain there and added that it had been understood at the time his clients pur- chased the property that they had paid for the outlot at the same time. Hughes clarified that easements which had existed over the property have been vacated. Mr. Posnick assured Mr. Wefald that their excavator will drain the two water holes on Sherman Circle near Olinger Elvd. which are presently unprotected. Councilman Richards then offered the following resolution and moved its adoption, subject to the following conditions: 1) that Outlot A be deeded to the Town Houses of Blake Ridge and the deed be accepted by the Association and, further, that the Association agree to maintain Outlot A and that it become a part of the common properties of the Association for Town Homes of Blake Ridge; and 2) that the City will receive an opinion from the City Attorney that Outlot A will not be separately taxed, but the tax on the town homes may increase due to their increased value resulting from the added open spaee provided by Outlot A: BE IT RESOLVED by the Edina City Council that that certain plat entitled "Blake Ridge Estates", developed by Oliver Development, a general partnership consisting of Euiltwell Construction, Inc., a Minnesota corporation, and Sher- man L. Troup and Shirley L. Troup, husband and wife, and Northwestern National Bank Southwest, and presented at the Regular Meeting of tl;e Edina City Council of May 15, 1978, be and is hereby granted final plat approval. Motion for adoption of the resolution was seconded by Councilman Courtney. He opined that Minnesota Statutes provide that no tax be ass- He assured Council . Mr. I -- . RESOLUTION APPROVING BLAKE RIDGE ESTATES Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. Councilman Richards then offered Ordinance No. 811-A103 for Second Reading, sub- ject to the above conditions, and moved its adoption: ORDINANCE NO. 811-A103 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY REZONING PROPERTY FROM PRD-3 PLANNED RESIDENTIAL DISTRICT I TO R-l SINGLE FAMILY RESIDENTIAL DISTRICT THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAIW: Section 1. "The extent of the R-1 Single Family Residential District is enlarged by the Paragraph 1 of Section 4 of Ordinance No. 811 of the City is hereby amended by adding the f .llo.cring thereto : addition of the following property which is removed from the PRD-3 Planned Residential District: Lots 2 and 3, Block 1, Green Hills of Edina, which is in Sub-District R-1. Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. BRAEMAR HILLS lOTH ADDITION GRANTED FINAL APPROVAL. Mr. Hughes recalled that at the meeting of May 1, 1978, the status of an outlot in Braemar Hills 9th Addition was discussed and at that time there was some reluctance on the part of the developer to dedicate the roadway. between the two developers so that each.wil1 pay a portion of the road. As. recommended by $lr. Hughes, Councilman Courtney offered the following resolution and moved its adopeion: An agreement has now been worked out RESOLUTION APPROVING FINAL PLAT FOR * BRAEMAR HILLS lOTH ADDIT-ION BE IT RESOLVED by the Edina City Council that that certain plat entitled "Braemar Hills 10th Addition", platted.by Edina Development Associates, a Wis- consin partnership consisting of Ronald P. Siepmann and John J. Vincent and M & I Northern Bank, a Wisconsin banking association, and presented at the Edina City Council Meeting of May 15, 1978, be and is hereby granted final plat approval. .Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes : Courtney , Richards, Schmidt, Shaw, Van Valkenburg - Nays: None Resolution adopted. 5/15/78 BRAEMAR HILLS 9TH ADDITION RESOLUTION RESCINDED. Councilman Richards offered ehe following resoiution and moved its adoption: As recommended by Mr. Hughes, ESOLUTION BE IT RESOLVED by the Edina City Council that the resolution adopted by the City Council on Play 1, 1978, rescinding final plat of Braemar Ells 9th Addition be rescinded and that Braemar kills 9th Addition has once again been granted final approval. Motion for adoption of the resolution was seconded by Councilman Shav. Rollcall : Ayes : Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg PORTION OF VALLEY VIEW ROAD VACATION APPROVED. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. presented the petition for the vacation of a portion of Valley View Road lying between the Southerly extension of the East line of Washington Ave. and the West right-of-way line of Hennepin County Road No. 18 and recommended that the road be vacated but that certain easements be retained. Mr. Allan W. Garrison, the petitioner, emphasized that he had been told by the County that he would be able to build on his land as soon as the bridge was completed. attorney for Mr. Garrison, agreed that they would have no objection to retain- ing the easements, provided they could construct a parking lot over them. further objections being heard; Comcilman Richards offered the following resolu- ticn and moved its adoption: TWEREAS,'a resolution of the City Council, adopted the 17th day of April, 1978, fixed a date for a public hearing on the proposed vacation of the following des- cribed street : Mr. Hoffman Mr. Lowe, who is the No RESOLUTION That portion of Valley View Road, formerly'Hennepin County Road 39, located in the North 112 of Section 7, Township 116, Range 21, and 66 feet in width, lying between the Southerly extension of the East line Road No. IS; and .1 . of Washington Avenue and the West right-of-way line of Hennepin County I '* L WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 15th day of May, 1978, at which time all persons desir- ing 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 street vacation be made; and I?HEP\%AS, the Council has considered the extent to which the vacption affects exisitng easements within the area of the vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality oyning 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, thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto; NOM, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Ninnesota, that the following described street is hereby vacated: That'portion of Valley View Road, formerly Hennepin County Road 39 located in the North 1/2 of Section 7, Township 116, Range 21 and 66 feet in width, lying between the Southerly extension of the East line of Washington Avenue and the West right-of-way line of Eennepin County Road No. 18; D - . to continue maintaining the same, or to enter upon such street or portion PROVIDED, however, that after due consideration, the Council has determinedband . hereby specifies that the foregoing vacation shall not affect, and there is hereby continued, reserved and retained the following existing easements and authority in, on and under the above vacated area: The City of Edina reserves in favor of itself a utility easement within said described vacated street for the maintenance, replacement, repair and removal of, and otherwise attending to, underground watermain8 as deemed necessary by the City of Edina to provide service to customers along this route; ana the City of Edina reserves in fayor of Minnesota Gas Company a utility easement within said described vacated street fDr the maintenance, replacement, repair - and removal of, and otherwise attending to, underground gas lines required to provide service to customers along this route; and the City of Edha reserves in favor of Northwestern Bell Telephone Company a utility easement within said described vacated street for the maintenance, replacement, repair and removal of, and otherwise attending to, underground conduit, manholes, cables, wires and poles required for telephone communications and electric lines to provide service to customers along this route; 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. hydrants and other facilities. 171 Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. PORTION OF VERNON AVENLTE VACATiON APPROVED. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the petition of Mr. and Mrs. Andrew.F. Quirt for vacation of a portion of Vernon Avenue adjacent to their homeat5521 Doncaster Way. Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION WHEREAS, a resolution of the City Council, adopted the 17th day of April, 1978, fixed a date for a public hearing on the proposed vacation of the following des- cribed street: No objections being heard, That part of public street as platted in Victorsen's Addition to Edina Highlands, Hennepin County, Minnesota, lying South of Lot 12, Block 1, said addition, lying East of the Southerly extension of the tangent portion of the West line of said Lot 12, and lying North of a line parallel with and 40 feet Northerly of the center- line of Hennepin County Road No. 158, also known as Vernon Avenue, and formerly known as U. S. Highway No. 169 and 212; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 15th 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 street 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 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 same, or to enter upon such street or portion thereof vacated 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 street is hereby vacated: That pari of pubiic street as platted in Victorsen's Addition to Edina Highlands, Hennepin County, Minnesota, lyiag South of Lot 12, Block 1, said addition, lying East of the Southerly extension of the tangent portion of the West line of said Lot 12, and lying North of a line parallel with and 40 feet Northerly of the centerline of Hennepin County Road No. 158, also known as Vernon Avenue, and formerly known as U. S. Highway No. 169 and 212; + 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 foregoing resolution was duly seconded by Councilman Shaw . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. I ATHLETIC ASSOCIATION POLICY QUESTIONED, Mr. Rosland called Council's attention to a letter from Mrs. Edward Kocourek, 6636 Parkwood Road, objecting to the pol- icy of the Edina Athletic Association under which children are assigned to various teams. Mrs. Kocourek pointed out that a substantial number of parents were in attendance who were questioning whether the Athletic Associations of Edina are "truly promoting programs that are meeting the needs of the children". She pointed out that the policy of assigning children living in the same neigh- borhood to different parks in various areas of the City poses a difficulty in .transportation as well as separates the children from their friends. Mrs, Kocourek pointed out the problems involved for single and working parents and parents of large families particularly in transporting children to their various sports program and objected that efforts of parents to correct the situation have been unsuccessful, Objections_we~a.~lso raised to the fact that teams are very unequal, resulting in some teams having entire seasons of humiliating losses. Concurring with Mrs. Kocourek were Mr. Thomas TJllite, Mrs. Phyllis Miller, Mrs. Lucy Klos an@ Mr. Kocourek. Parents asked "where are the lines of authority" and who can they go to where they "can really be heard". explained that the Council had discussed these concerns with the Park Eoard and that the general concensus was that the Council has some responsibility for Mayor Van Valkenburg 5/15/78 any programs in ~'.ich City facilities are used. Board works thru the staff on the park programs and that they are concerned with the maintenance of the physical facilities, and in this capacity attempts to work with with the various leagues and associations. The Mayor then referred to the people who are doing the real work with the various associations in which the groups run their own programs and have their own systems of chosing teams. He recalled that he and Councilman Courtney have served an the.Basebal1 Board for "any years and spoke of the real dedication of this group. that the boards attempt to create a fun situ-ation for the children and to have youngsters of comparable ability. come involved in the programs inasmuch as they do-not have the ability of the people who are now running the various programs. Baseball Association, explained that out of 900 youngsters, 300 are playing in their own neighborhood parks, and added that an attempt is made to make team assignments on the basis of ability. He assured parents and the Council that their concerns will be given top priority at the next Association meeting and invited parents to attend that meeting on Nay 21 at 7:OO p.m. in the City Hall Conference Room. No formal action was taken. He explained that the Park The Mayor explained He questioned whether the Council should be- ~ Mr. Robert Burley, head of the TRAFFIC SAFETY COEDIITTEE REPORT OF MAY 9, 1978, REVIEWED. motion authorizing the Engineering Department to submit a layout to Hennepin Councilman Courtney;':s County Highway Departinent requesting a better delineation of the intersection of Vernon Avenue and Interlachen Boulevard, with improved striping and signing was . seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Councilman Courtney then moved that Section B of the May 9, 1978, minutes of the Traffic Safety Committee be approved was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Yan Valkenburg . .. Nays: None ' Motion carried. CETA - PERA RESOLUTION ADOPTED. Mr; Rosland recalled that the matter of CETA employees participation in PERA had been continued from the last meeting for fur- ther study. Following discussion, Councilman Courtney offered the following resolution and moved its adoption: XJHEREAS, the Federal Comprehensive Employment and Training Act no longer will pay for .any pension costs for those on ZETA funding;'and WHEREAS, the State Legislature ha.s made participation in the Public Employee' Retirement Association optional.for all CETA employees; and WHEREAS, the City of Edina desires to fund the employer's share for three of its CETA positions currently utilized in the Fire Department; and TdHEREAS, the Public Employees Retirement Association requires a resolution in- dicating such authorization; NOW, THEREFORE, BE IT RESOLVED that the City of Edina authorizes its officers to pay the employer's share of pension contributions for three firefighters to PERA from City funds; and BE IT FURTHER RESOLVED that the City of Edina authorize its officers. to pay the employer's share of exempt CETA/PEM employment. for any CETA employee who is appointed to a full time position with the City, provided the employee funds the employee's share for the exempt period within one month of full time appointment; and BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to PERA. Hotion for adoption of the resolution was seconded by Councilman Shaw. RESOLUTION ' Rol-lcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. DOUGLAS IrlOSIW NOTICE OF CLAIM RECEIVED. Council was advised of the receipt by the City Clerk of Notice of Claim relative to an alleged injury of Douglas Mosiman. Attorney. ,No action was taken. The natter has been referred to the insurance company and to the City JANES WA&LACE iOTICE OF CLAIM RECEIVED. the City Clerk of Notice of Claim relative to an alleged injury of City employee James Wallace. The matter has been referred to the insurance company and to the City Attorney. No action was taken. YORK AVENUE TRAFFIC SIGNALS APPROVED. been submitted by Hennepin County for traffic signals on York Avenue, advising Council was advised of the receipt by Mr. Hoffman presented plans which had 5/15/78 173 ) J that the cost for signals at Hazelton Road and York Ave. and the cost for signals at York Ave. at W. 70th Street and at W. 76th Street was given at $60,000 each. Mr. Hoffman advised that, if the signals are approved, the County will pay 25% of the cost and the City will pay 75%. In response to a question of the Council, Mr. Hoffman said that he had received requests for the signals at Hazelton Road and W. 70th Street, but that the County has recommended installation of the 76th Street signals within the next year or two. adoption: BE IT RESOLVED that the Edina City Council approve the installation of traffic control signals as follows: was given at $50,000 Councilwoman Schmidt then offered the following resolution and moved its RESOLUTION CP7682; CSM 31 at W. 70th St. $60,000 CP7683; CSAH 31 at Hazelton Road 50 , 000 CP7684; CSAH 31 at W. 76th Street 60 , 000 Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall: Ayes: Richards, Schmidt, Shaw, Van Valkenburg Nays : Courtney Resolution adopted. LOW AND MODERATE INCOME FAMILY HOUSING DEVELOPMENT DISCUSSED. burg advised that he had met with Mr. John Boland, Chairman of the Metropolitan Mayor Van Valken- Council, Messrs. Dirk DeVries, Gordon Hughes, Thomas Erickson and Charles Free- berg in regard to low and moderate income housing development in the City. He advised that the Minnesota Housing Finance Agency and HUD had indicated that they would not approve the restriction that the City proposed to place on Ryan Construction Company under which the property would continue as low and moder- ate income housing in the event that it should be sold. the matter of meeting the requirement that 3,700 units of low and moderate income housing must be built in Edina by 1985 was discussed and that his sug- gestion that that the City might meet some of its commitment by trying to help restore co quality some of the lower values homes was rejected. Valkenburg pointed out that Mr. Boland had said that he believed that the City would receive credit for the Ryan Construction Company project even if it should be sold as market rate property. Finance Agency has said that additional low and moderate income housing should be scattered, rather than built in the Southeast area of the City. :The Mayor- said that as a result of this meeting, he had told Mr. Alan-Schackman to pro- ceed with his development and make arrangements for his financing. ,Mr; Schack- IOan had toldMf..Boland that these problems existed throughout the metropolitan area and that the Metropolitan Council should recognize that they must become more practical and realistic. Construction Company Deed contains the recitation of parking, fire wall and sanitary sewer hook-up variances and that this deed has received approval of the Minnesota Housing Finance Agency. He advised that the deed also states that, upon change of ownership or a loss of the subsidy program, the City can review the variances given. Mr. Erickson added that the deed presently contains no outsihe time limit when the variances must be reviewed and said that Ryan Construction Company has asked that the City agree to review it within 45 days after a request from the owner for a review either before or after the occur- rence of one of these events. Mr. Erickson opined that this was a reasonable request and recommended that it be put into the restrictions of the deed. Council. generally concurred that this would be satisfactory. The Mayor said that he would set up another meeting with the Housing and Finance Agency, HUD and the Metro- politan Council. No formal action was taken. The Mayor said that Mayor Van He also advised that the Minnesota Housing Mr. Erickson advised that the proposed Ryan CIVIL DEFENSE WARNING SIREN BID AWARDED. bids for the Civil Defense Warning Siren had been continued from the meeting of May 1, 1978, so that alternate locations could be investigated. a memorandum from Mr. Edward Beck, the City's electrician, describing alternate sites at 6625 Mohawk Trzil and on Iroquois Circle adjacent to County Road 18. Mr. Beck recommended that the Overholtr site be selected for siren installation' because it provides maximum coverage with minimum disturbance to nearby resi- dents. Mrs. Ann Overholt, 7 Overholt Pass, reiterated her objections expressed on May 1, 1978, and was told that every effort would be made to screen the siren from her v5ew. Councilman Richards' motion awarding the bid to recommended low bidder, Electric Service Company of Minneapolis, at $8,020.00 against the bid of Egan-McKay Electrical Contractors, Inc., of $10,980, was seconded by Council- man Shaw. Ayes: Nays: None Motfon carried. Efr. Rosland recalled that award of Council reviewed Courtney, Richards, Schmidt, Shaw, Van Valkenburg 5/ 15/78 POLICE LIABILITY INSURANCE BID AWARDED. Mr. Rosland recalled that award of 1, 1978, so that Councii could study the matter further, and reiterated his rccomxendztion for avarb te Crake Inscrznce Cozpny for liability icstlracce in the amount of $100,000/300,000/500,000 for a total premium of $8,708.00. Mayor Van Valkenburg repeated his objection that the same insurance company will not cover police liability along with liability insurance for other City employees. Councilman Shawls recommendation for award of bid as recommended by the City Manager was seconded by Councilman Courtney. /IY4 bid for police liability insurance had been continued from the meeting of May Ayes: Courtney, Shaw, Schmidt Motion carried. I . Nays: Richards, Van Valkenburg 1978 SHADE TREE PROGRAM APPLICATION SUBIIITTED TO DEPT. OF AGRICULTURE. As recom- mended by Mr. Rosland, Councilman Sliaw offered the following resolution and moved its adoption: BE IT RESOLVED that the following shade tree program budget for sanitation and replanting of trees for the calendar year 1978 is hereby approved and that the City share of said budget is available in the General Fund. RESOLUTION REFORESTATION SANITATION Personnel $ 57,300 $ 8,200 Equipment Use 8,400 3,600 Outside Contracts 6 , 400 5 , 000 00 00 $164 , 200 $16,800 Miscellaneous BE IT FURTHER RESOLVED that the Mayor and City Manager are hereby authorized to execute and submit the 1978 Shade Tree Program Application to the Minnesota Department of Agriculture. Blotion for adcption of.the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg I LOT DIVISION/PLATTING PROCEDURES QUESTIONED. utes of April 20, 1973, Mayor Van Valkenburg questioned the necessity of platting property on Grimes Ave. when a simple lot division should suffice. will check into the matter. No action was taken. Referring .to Board -qf Appeals .Min- Mr. Hughes LEAGLT OF MIWSQTA CITIES INFORMATION TO BE STUDIED. referred to information sent from the League.of Minnesota Cities on legislative matters and recommended that this information be reviewed by Council for discus- sion at a later date. No formal action was taken. Mayor Van Valkenburg H.R.A. CONSULTANT NEED QUESTIONED. ion for need of a consultant in the 50th and France area, Bfr. Hughes explained In response to Mayor Van Valkenburg's quest- that the delay in the decision on the Red Barn property had thrown the Engineer- ing Department behind and that merchants had requested that the project be com- pleted as quickly as possible. Mr. Rosland said that he believed that the City would be better off in the long run by not hiring additional permanent staff. formal action was taken. No HU&fAX RELATIONS CONXISSION EDUCATIONAL PROGRAM DISCUSSED. made reference to minutes of the Human Relations Commission in which a praposed Mayor Van Valkenburg program to "educate the Council" was discussed. No action was taken. I POLICE DEPARTMENT REPORT NOTED. the Police Department Report indicates that accidents are down 24% from the same time last year. No action was taken. MUNICIPALITY SELF INSURANCE DISCUSSED. Valkenburg as to the progress of the possibility of self insurance by municipalities, Mr. Rosland advised that the Xanagers' Association is studying the matter and that progress is being made. Mayor Van Valkenburg expressed his pleasure that In response to a question of Hayor Van BOARD AhW COMklISSION REPRESENTATION AT COUNCIL MEETINGS DISCUSSED. Valkenburg noted that Mrs. McClell.and and Mr. Fischer had been in attendance at Mayor Van this meeting representing the Community Development and Planning Commission and the Park Board respectively and commented that all boards and commissions are expected to be represented at each Council Meeting. No action was taken. 51 15/78 HEARING DATE SET FOR VACATION OF A PORTION OF AMUNDSON ROAD. Councilwoman Schmidt offered the Lollowing resolution and moved its adoption: RESOLUTION CALLING PUBLIC NEARING ON STREET VACATION 'i -I --- - BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minnesota, as follows: 1. It is hereby found and determined that the following described street should be considered for vacation, in accordance with the provisions of Minnesota Statutes, Sections 412.851 and 160.29: That part of the Southwest 1/4 of the Northeast 1/4 of Section 8, Tom- ship 116, Range 21, described as follows: Beginning at the Southwest corner of Lot 1, Block 1, Braemar Oaks; thence Southwesterly at an angle of 106O 49' 58" as turned clockwise from the South line of said Lot 1 to an intersection with a line 818 feet Northerly of and parallel with the South line of said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast corner of Outlot A, Braemar Oaks; thence Easterly to the point of beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County, Minnesota , 2. notice included in paragraph 3 hereof for the purpose of holding a public hear- ing on whether such street vacation shall be made in the interest of the public. 3. 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 publication at least 14 days prior to the date of such hearing and to post such notices, 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. This Council shall meet at the time and place specified in the form of The' Clerk is authorized and directed to cause notice of the time, place Such notice shall be in substantially the following form: (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MIm-ESOTA 55424 NOTICE OF PUBLIC HEAXING ON VACATION OF EASEMENT FOR ROAD AND UTILITY PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA FOR PORTION OF MNDSON ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the-Edina City Hall, 4801 W. 50th St., on July 10, 1978, at 7:OO p.m., for the. purpose of holding a public hearing on the proposed vacation of the following easement for utility and road purposes: That part of the Southwest 1/4 of the Northeast'1/4 of Section 8, Town- ship 116, Range 21, described as follows: Beginning at the Southwest corner of Lot 1, Block 1, Braemar Oaks; thence Southwesterly at an angle of 106' 49' 58" as turned clockwise from the South line of said Lot 1 . to an intersection with a line 818 feet-Northerly of and parallel with the South line of said Southwest 1/4 of the Northeast 1/4; thence West a distance of 62.69 feet; thence Northeasterly to the Southeast corner of Outlot A, Braemar Oaks; thence Easterly'to the point of beginning. All according to the United States Government survey, and to the recorded plat, Hennepin County, Minnesota All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. The Council shall consider the extent to which said proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority 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 same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove', or otherwise atten'd thereto, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any SUCE easements, and such authority to maintain, and to enter upon the area of the proposed vacation shall continue. I BY ORDER OF THE EDINA CITY COUNCIL. Florence B. Hallberg, City Clerk Motion for adoption of the resolution was seconded by Councilinan Richards. Rolicall : Ayes: Courtney, ,Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted, 5/15/78 PARK BOARD MEMBERS APPOINTED. ' Councilwonian Schmidt Is motion was seconded by Councilman Shaw for confirmation of the appointment of IIr . Mack Thayer and Mrs. Marilyn Wooldridge to the Park Board for terms of office to run until February 1, 1979, 3s reczmcaded by thc ?kpcr. -- Y. Ayes: . Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Kotion carried. CLAIBIS PAID. for payment of the following claims as per Pre-List: $14,578.14; Arena Fund, $9,001.34; Gun Range, $18;05; Water Fund, $15,992.66; Sewer Fund, $94,576.43; Liquor Fund, $108,508.33; Construction Fund, $32,668.37; Total, $409,149.34; and for confirmation of payment of the following Claims: General Fund, $14,451.33; Edina Art Center, $138.49; Golf Course, $296.42; Recreation Center, $337.50; Gun Range, $13.38; Water Works, $1,397.27; Liquor Fund, $262,397.55; Total, $279,031.?4. Motion of Councilwoman Schinidt was seconded by Councilman Shaw . Park Fucd, $11,681.68; Art Center, $1,563.69; Pool Fund, $519.69; Golf Fund, General Fund, $120,040.96; Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. . No further business appearing, Councilman Courtney's motion for adjournment was seconded by Councilman Richards and carried. Adjournment at 9:45 p.m. .-