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HomeMy WebLinkAbout19780619_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL JUNE 19, 1978 Answering rollcall were members Courtney , Schmidt , Shaw and Mayor Van Vallcenburg . Council.man Richards arrived later as indicated in the Minutes. were Mr. Del Johnson and Mrs. Helen PlcClelland of the Conununity Development and Planning Commission, Krs. Joan Lonsbury of the Park Board and Mrs. Barbara Jacoby of the Art Center Committee. Present also PUBLIC HEARINGS CONDUCTED ON VARIOUS PUBLIC IPIPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered place& on file. suant to due notice giveE, public hearings were conducted and action taken as hereinafter recorded. A. CONSTRUCTION OF BITUMINOUS STREET OVERLAY AND CONCRETE CURB AND GUTTER Pur- REPLACEMENT IMPROVEMENT NO. E"-BA-210A IN THE FOLLOWING: Townes Road from W. 48th Street North to the East line of Lot 13, Auditors Subdivision No. 319 Mr. Rosland presented total estimated construction cost of $33,070.98, proposed to be assessed against 1,418.36 assessable feet at $11.66 per foot. Residents were advised that the hearing had been called as a result of a number of comp- liants which have been received concerning the deteriorated condition of the curb and that one-half of the total cost of the project is proposed to be paid from General Funds of the City.-&. Hoffman referred to a letter signed by eight affected property owners requesting that any special costs relating to curb and gutter replacement at 4703 Townes Road should be assessed against that property and not against the whole project. snow plows caused 99% of the damage to the curb and gutter. the roadway is in as good or better condition than neighboring streets and, therefore, bituminous overlay on one block of Townes Road is premature and desirable only because of the curb replacement. antees that the City will pay the full cost of repairs if the snow plnws damage new curbing, that the final cost will not exceed 110% of the estimate, and that the property tax values will not be increased because of the replacement of curb and gutter and the overlay. Mr. Hoffman agreed that the curb on the North end of the street is in worse condition than the South end but pointed out that this hearing is similar to a.hearing conducted in 1975 and is in response to a petition requesting the improvement. wall at 4703 Townes Road to minimize the possibility of future damage by snow plows. (See Resolution Ordering Improvement later in Minutes. Signers of the letter Contendikl that They also said that The letter also requested guar- He agreed to construct the curb six inches from the No objections were heard from the audience. B. CONSTRUCTION OF CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-B-88 IN THE FOLLOWING: Concord Ave. from W. 58th Street to. W. 60th Street, East side; Concord Ave. from School Road to W. 60th Street, West side Mr. Rosland presented total estimated construction cost of $29,196.69, proposed to be assessed against 1,457.08 assessable feet at an estimated cost of $20.04 per foot. Mr. Hoffman recalled that this hearing is being conducted as the , result of a petition and recommended that the City pay the cost of approximately $2,000 to improve drainage in the area by lowering the street at the time the curb and gutter is installed. He clarified that Barr Engineering ComDany had advised that this would not help the flooding at58th and Concord Ave. but that surrounding properties would be helped. petition objecting to the improvement because of the cost had just been received which petition was signed by 60% of the affected residents. to the improvement were also received from Mrs. Muriel Sharp, 5905 Concord Ave., and Mr. G. R. Luck, 5929 Concord Ave. who advised that they had not known the cost at the time the origind petition had been submitted, A letter of objection was also received from Mr. Everett A. Blasing, 5933 Concord Ave., who also requested that the Engineers inspect damage to his driveway caused by recent heavy rains. Mr. Luck also requested that "No Parking During Athletic Events" signs be installed in the area. No further discussion being heard, Councilman Courtney's motion that the project be abandoned was seconded by Councilman SIiaw. Mayor. Van Valkenburg advised that a Letters objecting Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. C. CONSTXUCTION OF SIDEWALK IMPROVEMENT NO. P-S-23 IN THE FOLLOWING: France Avenue from W. 70th Street to Gallagher Drive (West side) Gallagher Drive from France Avenue to Parklawn Avenue (both sides) * Parklawn Avenue from Gallagher Drive to W. 76th Street (both sides) Mr. Rosland advised that this hearing has been called as a result of iiumerous requests from residents in this area for better pedestrian access to the South- dale/Yorktown commercial areas and noted that the project will be paid from 6/19/78 194 Municipal State hid Funds and that there is proposed to be no assessment against zbutting property. Mr, Hoffman clarified that, unaer present City policy, snow removal will be the respoiisibility of the City. In response to a question from, the atldience, Mr. Hoffman exphified thnt, other sirlekdks rai.11. h~ c~n- . structed at a later date and recalled that the Edina League of Women Voters had participated in a study of sidewalk needs within the City. In response to a request of Mr. Ford Crouch, attorney for Oscar Roberts Company, 7200 France Ave., Nr. Hoffman said that the sidewalk had been proposed for the \Jest side of France Ave.. so that resTdents could cross the street at a traffic signal. Mr. Hoffman also advised Mr. Crouch that the City xqould replace the berm adjacent to the Oscar Roberts property as a part of the project. Ms. Kathy Ritter of Eberhardt Company, representing the Cedars of Edina, requested that the sidewalk be constructed without a boulevard betweenThe street .and the side- walk. Mr. Hoffman said that this could be arranged wherever necessary. No further discussion being heard, Councilman Courtney's motion authorizing the improvement, with the understanding that the berm adjacent to the Oscar Roberts Company property must be moved, was seconded by Councilwoman Schmidt. Resolution Ordering Improvement later in Minutes.) I (See D. CONSTRUCTION OF SIDEWALK IEPROVEMEXT NO. P-S-24 IN THE FOLLOWING: East Highway 100 Frontage Road from Benton Ave. to Valley View Road (East Valley View Road from East Highway 100 Frontage Road to I?. 66th and France Valley View Road from St. Johns Ave. to Broolcview Ave. (South side) Nr. Rosland advised that this in2ormal hearing has been called as a result of requests from various residents in this neighborhood area to provide better pedestrian access to the Valley View/I?ooddale Ave. commercial area and the Southdale/Yorktown commercial areas. improvement is proposed to be paid from Municipal State Aid Funds and that, under present City policy, snow removal wfll be the responsibility of the City. Residents were advised that the alignment of the sidewalk will be varied to protect existing property features to the greatest extent possible. Council's attention was called to the fact that owners of the double bungalow at 6031-33 St. Johns Ave. had called to express approval of the improvement. A petition requesting that construction of the sidewalk be eliminated on the North side of Valley View Road, East from Wooddale Ave. to the first business exit of the commercial building located at 6123 Wooddale he. was also noted. Petitioners objected that there is already an existing sidewalk along the building and that an additional sidewalk would cause a loss of existing parking facilities. Note was also made of a letter from Mr. and Mrs. Charles M. Sawyer, 4716 Valley View Road, stating that tax money should be used for other things. Mrs. Lynnae Nye, 4240 Valley View Road, spoke in favor of the project, stating that sidewalks would be safer for children to use when going to the pool. Nr. Richard Dahl, 4301 Valley View Road, said that he would have no objection to the improvement provided there is no boulevard. Concurring with Mr. Dahl was a representative of Mr. Folke Victorsen who owns property at 4401 Valley View Road. Valley View Road, expressed concern that a sidewalk located next to the road would get all of the snow after the street has been plowed. that there should be no problem in this regard and that the sidewalk will slope to the street. ment and said that it would be more important to run the sidewalk down Concord he. so thrst children could use it while going to and from school. Mr. Kamps said that, if the sidewalk is installed, he would prefer that it have no boulevard aad was told that the sidewalk must be five feet wide because of the width of . the snow plows. Xrs. Barbara Erickson who lives on Normandale Road, Mr. John Warreq, 4616 Valley View Road, the resident at 4226 Valley View Road and Nrs. N. V. Devroy, 4725 Valley View Road, all spoke in opposition to the improvement. In response to a question from the audience, Mr. Erickson quoted from the City Ordinance which states that there can be no parking between the house and the street, except for one pass- enger automobile on a driveway. A lady who lives at 4246 Valley View Road re- quested that a study be made to determine how many residents favored the sidewalk. Emphasizing that public safety is of the utmost importance, Councilman Snaw then moved that the project be approved, but abandoning the portion for East Highway 100 Frontage Road from Benton Ave. to Valley View Road and the portion of Valley Vie17 Road between T.H. 100 and Wooddale Ave. until the Concord Ave. sidewalk is proposed. Ayes : Nays: None Motion carried. side) Ave. (North and East sides) He clarified that the cost of the I * Mr. Arthur Taylor, 4230 He was told by Mr. Hoffman Mr. Larry Kamps, 4628 Valley View Road, objected to the improve- * (Councilman Richards entered the meeting at this time.) I . Motion was seconded by Councilwoman Schmidt, Courtney, Richards , Schmidt, Shaw, Van Valkenburg Councilman Shaw thereupon offered the following resolution and moved its adoption: RESOLUT3CON ORDERING STREET IMPROVEMENT BA-2 10R , AND SIDEWALK IMPROVEb,fENTS NOS. S-24 AND S-25 61 19/78 m 0 m c3 e a 19 5 1 BE IT RESOLVED by the City Council of Edina, Minnesota, that this Cou’ncil tofore caused notice of hearing to be duly published and mailed to ownerc of each parcel within the area proposed to be assessed on the following proposed improvements: A. CONSTRUCTION OP BITUMIl\TOUS STREET OVULAY AM CONC~W~’~: cuiU AN0 GVX’L’LX 1icj.e- REPLACEMENT IMPROVEMENT NO. P-BA-210A IN THE FOLLOWING: Townes Road from W. 48th Street North to the East line of Lot 13, Auditors Subdivision No. 319 France Avenue from W. 70th Street to Gallagher Drive (West side) Gallagher Drive from France Avenue to Parklawn Avenue (both sides) Parklawn Avenue from Gallagher Drive to W. 76th Street (both sides) East Highway 100 Frontage Road from Benton Avenue to Valley View Road (East side) Valley View Road from East Highway 100 Frontage Road to W. 66th and France Avenue (North and East sides) Valley View Road from St. Johns Avenue to Brookview Avenue (South side) B. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-23 IN THE FOLLOWING: C. CONSTRUCTION OF SIDEWALK IMPROVEMENT NO. P-S-24 IN THE FOLLOWING: and at the hearings held at the time and place specified in said notice, the Cowxi1 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 nec- essary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements , except that for Sidewalk Improvement No. P-S-24 above, the sidewalk located between Wooddale Avenue and T.H. 100 on Valley View Road and the sidewalk proposed to be located on East Highway 100 Frontage Road shall be abandoned until such time as sidewalk is brought to hearing for Concord Avenue, and that said improvements are hereby designated and shall be referred to in all subsequent procezdings as follows: I No. A above Street Improvement No. BA-210A Nc. B above Sidewalk Improvement No. S-23 No. C above Sidewalk Improvement No. S-24 and the area to be specially assessed for Street Improvement No. BA-210A shall include Lots 13, 17, 18, 19, 20, 21, 28, 29, 30, 31 and 33, Auditors Subdivision No. 319, Lot 4, White Oaks, Lot 4, White Oaks 2nd Addition and Lot 9, Auditors Subdivision No. 319, Parcel 3210; and the cost of Sidewalk Improvements Nos. S-23 and S-24 shall be paid from Municipal State Aid Funds. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. ORBINANCE NO. 811-A96 SECOND READING CONTINUED TOAUGUST 7:, 1978. As recom- mended by Mr. Hughes, Councilman Cour.tney’s motion continuing Second Reading of Ordinance No. 811496 toAugust 7, 197q was seconded by Councilwoman Schmidt, said ordinance being for the request of Mr. Roger Findell for rezoning of property generally located West of Cahill Road and North and South of Amundson Ave. I extended which had been continued from the meeting of June 5, 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 811-All9 GRANTED FIRST READING. Affidavits of Notice were pre- sented by Clerk, approved as to form and ordered placed on file. Mr, Hughes presented the petition for rezoning property located North of Dewey Hill Road. :.: North of William Wardwell Lewis Park and West of Cahill Road from R-i Single Family District to Planned Residential Dtstrict PRD-3. He recalled that after the Council had considered the proposal on April 17, 1978, the matter had been referred back to the Community Development and Planning Commission and the pro- ponents instructed to decrease the number of units and to move the buildings Easterly in order that park land could be dedicated on the Westerly portion of the site in accordance with the Southwest Edina Plan. Mr, Hughes advised that the Community Development and Planning Commission had recomended approval of the request, subject to the following conditions: 1) that Second Reading be con- tingent upon a final subdivision of the site; private drive from Cahill Road must be reviewed thoroughly from the public safety and access standpoint prior to final approval; and 3) Amundson Avenue right-of-way must be vacated over the subject property to facilitate the proposed plan. Messrs. Stanley Taube andRon Erickson, representing Lanvesco, presented a model of the proposed building, advising that they have now reduced the number of units to 96 and that the buildings are 450 to 500 feet from the nearest homes. They added that the parking JTmS have been broken up and that the view from the West is now at a minimum. 2) the proposed security gate and D In response to comments of Mr. Donald Mosher, . 6/19/78 1967220 Lanham Lane, that the trees which are proposed €or screening would take toolong to grow, it was pointed out that this hearing is for concept approval only and that landscaping plans will be brought for Council's approval at the time the proposal is brought for Second Reading. Mr. Taube said that 96 units rc3SoZZbk dcsslty fcr the tvzlve acxo site, and a&ed.thst the record show that air conditioning units will not be installed on the roof and that residents would be prohibited from using the parking lot except for a limited period during the day. Nr. Stephen Winnick, 7117 Lanham Lane, objected that there is no buffer between the proposed development and residents to the west and referred to the substantial elevation on Lanham Lane. He requested that Council require a substantial amount of landscaping on the West side and that there be no window or roof units for air conditioners. particularly about neighbors' concern about density and noise pollution. An unidentified lady in the audience said that density requirements have no pur- pose if they are not adherred to. Mr. Hoffman explained that it is necessary for the drainage pond to be located on the West side of the development. response to a question of Councilman Richards, Mr:Hughes clarified that it is proposed to vacate the Amundson Blvd. right-of-way and that land would revert to the owners of the property to the East. Nr. Hughes also explained that the proponents are contributing a 25% park land dedication, when only 5% is required, and clarified that the Southwest Edina Plan is merely a guideline and that crit- eria varies for each individual proposal. Councilman Courtney then moved concept approval,with the understanding that the developer bear in mind the discussion as to air conditioning equipment, landscaping and the possibility of changing the location of the pond, and for First Reading of Ordinance No. 811- A119 as follows: llr. WTnnick spoke ORDINANCE NO. 811-All9 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY lGZONING PROPERTY TO PRD-3 RESIDENTIAI, DISTRICT FROB1 R-l SINGLE FAMILY RESIDENTIAL DISTRTCT THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: Section 1. enlarged by adding the following thereto: "The extent of the Planned Residentfal District (Sub-District PRD-3 is enlarged by the addition of the following property: Township 166, Range 21, described as follows: . Paragraph 4 of Section 5 of Ordinance No. 811 of the City is I That part of the Southwest Quarter of the Northeast Quarter, Section 8 intersection of the West line of said Southwest Quarter of the Northeast Quartur and the Easterly extension of the North line of Lot 1, Block 2, Kemrich Knolls; thence North along the East line of said Southwest Quar- ter of the Northeast Quarter Lc distance of 198.99 feet to the actual point of beginning of the land to be described; thence Easterly at right: angles to said West line of the Southwest Quarter of the Northeast Quar- ter a. distance of 82 feet; tlience Southeasterly, at a deflection angle of 45 00' degrees to the right, to an intersection with a line running Southwesterly ofrom the Southeast corner of Outlot A, Bracmar Oaks, at an angle of 73 10' 02" as turned counter clockwise from the Soutlivest corner of said Outlot A; thence Northeasterly, along said line running Southwesterly from the Soutlieas t corner of Outlot A, to an intersection with a line 818 feet North of and parallel with the South line of said Southwest Qrrarter of the Northeast Quarter; thence East along said line 818 feet North of and parallel with the South line of said South- west Quarter of the Northeast Quarter to a point 331.95 feet Vest of khe East line of said Southwest Quarter of the Northeast Quarter; thence Northerly parallel to .the Bast line of said Northeast Quarter to the South line of the North 30.0 feet of said North line of tlie Southwest Quarter of the 'Northeast Quarter; thence Eeast Taral- le1 with the North line of the Southwest Quarter of the Eortheast Quarter to the East line of said Southwest Quarter of the Northeast Quarter; thence Korth Quarter a distance of 30.0 feet to the Northeast corner of said Southwest Quarter of the Northwest Quarter; thence West along the North line of said Southwest Quarter of the Northeast Quarter to the Northwest corner of said Southwest Quarter of the Northeast Quarter; thence South along the West line of said Southwest Quarter of che Northeasr Quarter to the point of beginning. Sec. 2. Commencing at the . 0 Southwest Quarter of the I along tlie East line of said Southwest-Quarter of the Northeast This ordinance shall be in full force and effect upon its pass- * age and publication. Motion for concept approval was seconded by Councilman Richards. Rollcall : Ayes: Courtney, Richards, Schmidt, Van Vnlkenburg Nays: Motion carried. Shaw (because he believed that the density is too high) I 61 19/78 197 VICTOBSEN'S TIMBERS PRELIMINARY PLAT APPROVAL COWTINUED TO JULY 10, 1978. Affidavits of Notice were presented by Ci&!c, approved as to form and ordered placed on file. located generally at the Southwest corner of the Crosstown Highway and Gleason Road, and recommended that the hearing be continued until Juiy 3.0, 1978. woman Schmidt's motion that the hearing be continued as recommended by Mr. Hughes was seconded by Councilman Courtney. Mr. Huglies presented prelininary plat for Victorsen's Timbers, Council- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CHRIST PRESBYTERIAN CHURCH PARKING LOT OBJECTION HEARD. was called to a letter from Mr. Ray Wallentine, objecting to the fact that Council's attention Christ Presbyterian Church has expanded its parking lot to the curb directly across the street from his property on W. 69th Street. Mr. Wallentine con- tended that City ordinances require that t'he parking lot should be set back five feet from the curb and that a four foot high concrete wall or hedge be installed as a buffer between the parking lot and adjacent area. advised that the matter has been heard by the Board of Appeals and Adjustments and continued No formal action was taken. Mr. Rosland to its next meeting. T.H. 100 SOUND WALL ADJACENT TO CHRIST PRESBYTERIAN CHURCH DISCUSSED. Mr. Ros- land called Council's attention to a letter from Mr. Ray Wallentine objecting to the proposal to end the sound barrier on the East side of Normandale Road at the middle of W. 69th Street. Mr. Wallentine, who purchased the home at 6821 Nor- aandale Road a year ago, expressed concern that Christ Presbyterian Church has objected to extension of the sound barrier because it would decrease its visi- bility from the highway. He urged that the barrier be extended 120 feet further to the South, rather than the 75 feet suggested by church officials. No rep- resentatives from the church were present. Councilwoman Schmidt's motion that the sound barrier be extended an additional 120 feet toward the South was then seconded by Councilman Courtney. 60 0 < 0 a Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: Norle Motion carried. MORNINGSIDE AREA GARBAGE COLLECTION OBJECTIONS HEARD. Council's attention was called to a letter signed by Mrs. Robert Genovese, 4012 Monterey Ave., Messrs. R. Schoening, James McPeek and Robert Genovese, Mr. and Mrs. Frank Dick and Ms. Rita Enger, objecting that Able Sanitation does not adhere to its schedule for rubbish pickup. The letter also objected to the fact that the pickuF trucks back into driveways to pick up rubbish and then race to the larger truck which is parked nearby. A gentleman who lives at 4010 Morningside Road objected that his rubbish was missed for one full week and also that the truck is not covered and garbage spills out. Mrs. Sharon Hegstrom, 4244 Lynn Ave., complained that garbage trucks have smashed articles in her yard, that there is loud music in the trucks and that the pickup trucks backtinto her driveway at an excessive rate of speed. that employees of the company have used abusive language to her when she called to complain. Further objections were heard from an unidentified lady who lives at 4227 Alden Drive and Mr. G. E. Carpenter, 4356 Oakdale Ave. Councilman Courtney . recalled that, at the time Morningside was annexed by Edina, one of the conditions was that contracting for garbage hauling be continued inasmuch. as the cost was much less that the cost paid by other areas of Edina. Councilman Courtney sug- gested that if residents of the Morningside area are dissatisfied with this method of contracting for garbage collection, a petition might be circulated which would be presented to Council next fall before the contract is awarded for 1979. It was clarified that it is against City ordinances to put garbage on the curb. Mr. Erickson also concurred with the Mayor that residents have a right to keep the garbage trucks from driving on their driveways. call these problems to the attention of Able Sanitation and he and Councilman Courtney both asked to be called if problems persisted. tions could be tightened before the next contract. MORNINGSIDE AREA TREES DISCUSSED; Council's attention was called to a letter from Mr. Richard V. Novack, 4409 Morningside Road, expressing concern about the trees which are proposed to be removed because of the street and sidewalk improvements in the morningside area. He expressed concern also about the fact that, when the trees are removed along Morningside Road, high voltage electric lines will be visible. Petition to Save Healthy Elm Trees in the Village of Morningside - Edina" signed by numerous resi- dents was presented to Council, which petitioned the Council to "forgo any action of the comprehensive public works improvement program which jeopardizes the value The letter expressed concern for the safety of children in the area. She added Mr. Rosland said that he would He said that specifica- No formal action was taken. INFORMAL SPECIAL MEETING TO BE CONDUCTED. It 61 19/78 1198. of our real property through the destruction of those healthy trees lining our boulevards" and to grant a public hearing to resolve this, issue. Mr. Rosland recalled that, at the time the llorningside iinprovenients were originally planned, it was anticipated that approximately 40 trees would be lost due -to construction, but that this estimate has now beerl incrwserl to 55 trees. He rc.commend4 that all Morningside Road trees be removed and that new trees of a "lower crown'! type s%nes. He advised also that it had been decided to split the contract with the South and East side to be constructed in 1978 and the lu'orth and West in 1979. Mr. Rosland said that the staff had talked to each resident in the area (other than Morningside Road) about whether or not residents wished to keep their trees. He pointed out that there would be danger of trees falling because roots would have to be cut to repair the sidewalks and curbs, and also the possibility that roots might cause breakup of the curbs and sidewalks in years to come. Blr. Ros- land said that the survey taken thus far indicated that residents are divided quite evenly as to whether they wished to keep their old trees or have new trees planted. Mr. Rosland explained that paMer;:lines on Morningside Road presented a problem and advised-that it would cost approximately $1,500 per lot adjacent to Morningside Road to remove existing overhead lines and replace them with an equivalent underground system, and advised that homeowners would incur additional hook up costs. He added that there is no legal provision for assessing cost of this expense against the benefited properties. llr. Novak showed pictures that he had taken of the area and of other areas in which boulevard trees have been removed. He advised that 231 signatures were on the petition requesting a public hearing, but suggested instead that a public meeting be held. Mr. Novak estimated tha:, if the trees were removed, each home would lose between $1,000 and $5,000 . in value, and suggested that high speed traffic in the area could be reduced if streets were narrowed. Mr. Thomas Brothers, 4405 Morningside Road, suggested that the City adopt an ordinance under which Northern States Power would have to in- stall underground wires throughout the City, rather than only in new subdivisions. Speaking also were Bimes. Marion Cracraft, 4227 Alden Drive, Janet Ingram, 4215 Morningside Road, Charles Keeler, 4300 Eton Place, Betty Roy, 4205 Alden Drive, Messrs. Curtis Rivers, 4200 Alden Drive, Dale Seubert, 4010 Morningside Road, G. E. Carpenter, 4356 Oakdale Ave., Mr. and Mrs. John Hauschild, 4417 Morningside Road, Mr. and Mrs. Greg Murphy, 4311 Morningside Road, a gentleman who lives at' 4405 Morningside Road and an uiidentified gentleman. Councilman Courtney said that he believed that all trees should be saved that will not be hazardous. Mr. Rosland assured residents that three trees would not be removed until property owners have been contacted. Residents were also advised that if the curb and/or sidewalk broke up because of a boulevard tree, the City would replace the curb and sidewalk and assess the cost against the property. Nr. Roslrnd also advised residents that they could have a larger tree planted in their yard if they wished to pay the additional cost. Nayor Van Valkenburg said that City officials will talk to Northern States Power about the possibility of moving power lines on $lorn- ingside Road and will look into the possibility of adopting'an ordinance under' which the City would require underground electrical wiring whenever cerza2n.types of construction would take place and if existing wiring systems might have to be replaced. He also recommended that a special meeting be hzld for additional dis- cussion and that a map be available for review so that residents will know exactly what is proposed as far as the width of streets and boulevards. concern expressed by the City Attorney as to the effect of any delay in the con- tract, Mr. Hoffman advised that this would not pos;. any problem for the cone tractor. that this matter be continued until June 26, 1978, at 7:OO p.m. be planted off the boulevard area which would eventually hide the power I I . - In response to Councilman Courtney's motion was then seconded by Councilman Richards Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Mr. Hoffman requested that residents call the Engineer's office before the special meeting to let'them know just.what they wanted done as to their trees, and the width of their boulevards and streets. It was agreed that special notices will be mailed to residents. TRAFFIC PAINT BID AWARDED. ing Vogel Paint & Wax Co., Inc., low bidder at $2,508.00, Farwell, Ozman, Krik & Company at $2,520.00 and Earl F. Anderson & Associates high bidder at $3,756.00, said bid being for 300 gallons of non-reflectorized white traffic paint and 300 gallons of non-reflectorized yellow traffic paint. Councilman Courtney's motion for award to recommended low bidder was seconded by Council- man Shaw. I Mr. Rosland presented tabulation of three bids show- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. 6/ 191 78 I99 INSURANCE BIDS AWARDED. Mr. Rosland presented tabulation of bids for insurance and made the following recommendations : tents including liquor), plus selected earthquake and voting machine floater, with $1,000 deductible - annual premium of $18,986 froiii Horizon Agency/Insurance Coiiipany 01 North America; for insurance on money ax? seeilritics , Liquol- stsrcs and Braemar Arena and Club House - annual premium of $1,643 from Wood-Nelson/ Hartford Accident and Indemnity Company; for umbrella excess liability insurance (limit of $3,000,000) - annual premium of $46,920 from Wood-Nelson/Interstate Fire & Casualty Co.; for General Liability (bodily injury, property, liquor) - annual premium of $95,100 from Horizon Agency/Home Insurance Co; for automobile liability - annual premium of $34,680 from Horizon Agency/Home Insurance Co.; for Paramedic's insurance - approximately $1,300 from Horizon Agency/Home Insur- ance Company; for business interuption, annual premium of $850 from Horizon Agency/Home Insurance Company; for workmen's compensation - annual premium of $208,357 (with dividends) from Horizon Agency/Nome Insurance Company. Council- man Courtney's motion for award to recommended low bidder in all cases, with the exception of Workmen's Compensation, was seconded by Councilwoman Schmidt. For groperty insurance (buildinglcon- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. FIREWORKS BID AWARDED. for Fourth of July celebration at Cornelia Pool Park. ern Lighter Pyrotechnics at $1,917.50, All American Fireworks at $1,500, and Arrowhead Fireworks Co., Inc., at $1,937.50. Mr. Rosland advised that, although All American Fireworks was low bidder, their bid did not include insurance and 1abor.and tnus did not meet specifications. award to Northernsighter Pryotechnics as recommended by the City Manager was seconded by Councilman Richards. Mr. Rosland presented tabulation of three bids received Tabulation showed North- Councilman Courtney's.motion for Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: Mone Motion carried. ORDINANCE NO. 1101-A7 GRANTED FIRST READING; SECOND READING WAIVED. Mr. Rosland presented Ordinance No. 1101-87 (Waste Control Ordinance), advising that it had been reviewed by the City Attorney, and recommended its adoption. Courtney then offered Ordinance No. 1101-A7 for First Reading with waiver of Second Reading, and moved its adoption: Councilman ORDINANCE NO. 1101-A7 AN ORDINANCE ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE BASED UPON THE VOLUME OF DISCHARGE BY AN INDUSTRIAL USER-AND ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE COMPUTATION THEREOF TO RECOVER OPERATION AND MAINTENANCE OF THE DISCHARGE OF INDUSTRIAL WASTE INTO THE SElJER SYSTEM AND COSTS OF WASTE TREATMENT SERVICES ATTRIBUTABLE TO THE STRENGTH ESTABLISHING TAX LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH SUCH STRENGTH CHARGE THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: Section 1. Ordinance No. 1101 of the Ordinance Code of the City of Edina establishing sewer rental charges for the use of the municipal sanitary sewer system is hereby amended by adding, at the end thereof, the following additional sect ion : "Sec. 7. Industrial User Extra Strength Charges. (a) Recitals. The Metropolitan Waste Control Commission, a metropolitan commission organized and existing under the laws of the State of Minnesota (the Federal Water Pollution Control Ac% Amendments of 1972 and regulations thereunder (the "Act"), has determined 'to impose an industrial user sewer strength charge upon users of the Metropolitan Disposal System (as defined in Minnesota Statutes, Section 473.121, subdivision 24) to recover operation and maintenance costs of treatment works attributable to the strength of the discharge of industrial waste, such sewer strength charge being volume of discharge. of industrial discharge and allocated to it each year by the Commission, it is hereby found, determined and declared to be necessary to establish sewer strength charges and a formula for the computation thereof for all industrial users receiving wiste treatment services within or served by the City. more, Minnesota Statutes, Section 444.075, Subdivision 3, empowers the City to make such sewer charge a charge against the owner, lessee, occupant or all of then and certify unpaid charges to the County Auditor as a tax lien against the property served. allocated to the City each year by the Commission that are based upon the 11 Commission"), in order to receive and retain grants in compliance with the in addition to the charge based upon the In order for the City to pay such costs based upon strength Further- (b) Establishment of Strength Charges, For the purpose of paying the costs 6/19/78 strength of discharge of all industrial users receiving waste treatment services i 2oo within or served by the City, there is hereby approved, adopted and established, in addition to the sewer charge based upon the volume of discharge, a sewer charge upon each person, company or corporation receiving waste treatment services :?%thiE or serve2 by the City, based rrpnn strength of industrid vestc discharged into the sewer system of the City (the "Strength Charge"). (c) Establishment of Strength Charge System Formula. For the purpose of computation of the Strength Charge established by subparagraph (b) hereof, there is hereby established, approved and adopted in compliance with the Act, the same strength charge system formula designated in Resolution No. 76-172 adopted by the governing body of the Commission on June 15, 1976, such formula being based upon pollution qualities and quantities in excess of an annual average base and the proportionate costs of operation and maintenance of waste treatment services provided by the Commission, and which strength charge system formula is as fol- lows : (1) Strength Charge Formula: Rss (SS-SS,) Rcod (CODLcODo) SCP = SR [ f 3 sso CODo' where : SCP = SR - Rss = Rcod = - ss = ss, = COD = COD0 = Strength Charge Factor Strength Phase Ratio' (Strength costs to system costs for administrative and 0 & M of treatment c.:xks) Suspended Solids Cost Ratio Chemical Oxygen Demand Cost Ratio Suspended Solids Concentration of Discharqe Suspended Solids concentration of Base Chemical Oxygen Demand Concentration of Chemical Oxygen 'demand Concentration of (S sy,ss, Discharge (CODXOD,). Base I (2) Strength Charge: sc = (SCF) (V) (Tw) where : SC = Strength Charge SCF = Strength Charge Factor V = VPLW OF DISCHARGE TW = Treatment Works Unit Cost (d) Strength Charge Payment. It is hereby approved, adopted and estab- lished that the Strength Charge established by subparagraph (b) hereof shall be paid by each industrial user receiving waste treatment services and subject thereto before the twentieth (20th) day next succeeding the date of billing thereof to . such user by or on-behalf of the City and such payment thereof shall be deemed to be delinquent if not so paid to the billing entity before such date. Further- more, it is hereby established,. approved and adopted that if such payment is not paid before such date, an industrial user shall pay interest compounded monthly at the rate of two-thirds of one percent (213% per month on the unpaid balance due. (e) Establishmeat of Tax L5en. As provided by Minnesota Statutes, Section 444.075, Subdivision 3, it is hereb;- approved, adopted and established that if payment of the'strength Charge established by subparagraph (b) hereof is not paid before the sixtieth (60th) day next succeeding the date of billing thereof to the industrial user by or on behalf of the City, said delinquent sewer strength charge, plus accrued interest established pursuant to subparagraph (d) hereof, shall be deemed to be a charge against the owner, lessee and occupant of the property served, and the City or its agent shall certify such unpaid delinquent balance to the County Auditor with taxes against the property served for col- lection as other taxes are collected; provided, however, that such certification shall not preclude the City or its agent from recovery of such delinquent sewer strength charge and interest thereon under any other available remedy. In the event any provision of this ordinance shall be held invalid or unenforceable by any court of competent jurisdiction, such hold- ing shall not invalididate or render Unenforceable any other provision hereof." Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Hotion for adoption of the ordinance was seconded by Councilman Richards. (f) Severability. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Ordinance adopted. 61 19/78 ATTEST : CIVIL DEFENSE PLAN ADOPTED. Mr. Rosland presented the revised Civil Defense Plan, advising that he plans to have a Defense Exercise later in the fall. Councilman Courtney thereupon offered the following resolution and moved its adoption : BE IT RESOLVED by the City Council of the City of Edina that the City of Edina Emergency Plan and the procedures thereto is hereby approved and that a copy of said plan be filed with Ordinance No. 502 in the office of the City Clerk. Motion for adoption of the resolution was seconded by Councilman Shaw. RESOLUTION APPROVING REVISED EDINA EMERGENCY PLAN . Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. T.H. 100 LANDSCAPING PLAN APPROVED. Engineer, Councilman Shaw offered the following resolution and moved its adoption: WHEREAS, the Commissioner of Transportation for the State of Minnesota has caused to be prepared plans, special provisions and specifications for the improvement of Trunk Highway No. 130, renumbered as Trunk Highway No. 100, within the corpor- ate limits of the City of Edina, from the South corporate limits to the North corporate limits (except for exception); and WHEREAS, said plane are on file in the office of the Department of Transportation, St. Paul, Minnesota; being marked, labeled and identified as S.P. 2733-75 (100=130); and which, together with the "Minnesota Department of Transportation Standard Specifications for Highway Construction," dated 1978, will govern, and which are on file in the office of the Commissioner of Transportation, constitute the specifications for said improvement of Trunk Highway No. 130, renumbered as Trunk Highway No. 100; and WHEREAS, copies of said plans and special provisions as so marked, labeled, and identified are also on file in the Office of the City Clerk; and WHEREAS, the term, "said plans and special provisions," as hereinafter used in the body of this Resolution will be deemed and intended to mean, refer to, and incorporate the plans and special provisions in the foregoing recitals parti- cularly identified and described; and WHEREAS, the Commissioner of Transportation desires in the interest of public safety that any and all parking of vehicles, if such parking is permitted within the corporate limits of the City of Edina, on said Trunk Highway No. 130, renumbered as Trunk Highway No. 100, will be parallel with the curb adjacent to the highway and will be at least 20 feet from any crosswalk; NOW, THEREFOW, BE IT RESOLVED that said plans and special provisions for the improvement of Trunk Highway No. 130, renumbered as Trunk Highway No. 100, within the corporate limits of the City of Edina, be and are hereby approved; and BE IT FURTHER RESOLVED that the City of Edina does hereby agree to require the parking of all vehicles, if such parking is permitted within the corporate limits of said City, on said Trunk Highway No. 130, renumbered Trunk Highway No. 100, will be parallel with the curb adjacent to the highway, and at least 20 feet from any crosswalks on all public streets intersecting said trunk highway; and BE IT FURTHER RESOLVED that the elevations and grades as shown in said plans and special provisions are hereby approved and consent is hereby given to any and all changes in grade occasioned by the construction of Trunk Bighway No. 130, renumbered Trunk Highway No. 100, in accordance with said plans and special pro- visions. Motion for adoption of the resolution was seconded by Councilman Shaw. As recommended by the City Manager and the RESOLUTION Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. TRAFFIC SIGNAL PLANS AND SPECIFICATIONS APPROVED FOR YORK AVE. As recommended by Mr. Rosland and the City Engineer, Councilman Shaw offered the following resolution and moved its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS HENNEPIN COUNTY PROSECT NOS. 7682, 7683 AND 7684 FOR CSAH 31 AT W. 70TH ST., HAZELTON ROAD, AND W. 76TH ST. CITY OF EDINA, MINNESOTA- WHEREAS, plans for Hennepin County Project Nos. 7682, 7683 and 7684 showing the proposed traffic control signals on County State Aid Highway No. 31 (York Avenue) 6/19/ 78 at the intersections of W. 70th Street, Hazelton Road, W. 76th Street, together with the Specifications and Special Provisions for the construction thereof viiIkin the limits of the City as a County project have been prepared and presented to the City; NOb?", THEREFORE, it is resolved that said Plans, 'Specificatiohs and Special Pro- visions be in a13 things approved.. Notion for adoption of the resolution was seconded by Councilman Courtney. i 202 Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: Motion carried. Van Valkenburg (stating that additional signals are not necessary) RESOLUTION APPROVING PARTICIPATION AGREEMENT VITH HENNEPIN COUNTY ADOPTED. recommended by Mr. Rosland and Mr. Hoffman, Councilman Shaw offered the-following resolution and moved.its adoption: As RESOLUTION' APPROVING PARTICIPATION AGREEMENT HENNEPIN COUNTY PROJECT XQS. 7682, 7683 AND 8784 FOR CSAH 31 AT I?. 70TH STREET HAZELTON ROAD, AND W. 76th ST. WHEREAS, the Agreement for participation in the construction and operation traffic control signals and integral street lights on CSAH 31 (York Avenue) at the intersections of 8. 70th Street, Hazelton Road, and West 76th Street, Hennepin County Project Nos. 7682, 7683 and 7684, Agreement No. PW-18-17-78 has been prepared and presented to the City; NOW, THEREFORE, it is resolved that said Agreement be in all things approved; and BE IT FURTHER RESOLVED, that the :iayor and City Manager are authorized Agreement No. PTJ-18-11-78, Hennepin County Project Nos. 7682, 7683 and 7684, Agreement No. Pi?-18-11-78 has been prepared and presented to the City; NOW, THEREFORE, IT IS HEREBY RESOLVED that said Agreement be in all things approved; and BE IT FURTHER RESOLVED that the Mayor and Manager are authorized to sign Agree- ment No. PW-18-11-78, Hennepin County Project Nos. 7682, 7683, and 7684. Motion for adoption of the resolution was seconded by Councilman Courtney. to sign Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw Nays: Van Valkenburg (stating that there are already adequate signals) I Motion carried. TRAFFIC SAFETY COMMITTEE MINUTES OF JUNE 13, 1978 APPROVED. motion that SectioncC of the Traffic Safety Committee Minutes of June 13, 1978, Councilman Courtney's be acczpted and that the following 'action of the Committee under Section A be approved was seconded by Councilman Shaw: 1. Removal of the NO PARKING signs on the South side of W. 64th St. from Mest Shore Drive East to the last posted sign which is approximately'located at Installation of NO PARKING ANY TIME signs on the East side of Gleason Road from approximately in front of 7305 Gleason Road and South to approximately in front of 7409 Gleason Road until a parking lot can be constructed adjacent. to the soccer field. the tennis courts; ' 2. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SAINTS DISCO DANCE PERMIT APPROVED CONDITIONALLY. Mr. Rosland presented the application of the Saints Roller Skating Center to hold disco dances on a tempor- ary basis, 'license for which would be renewable on April 1 of each year. Being advised by the City Attorney that the application lacks some of the statutory requirements, Councilman Richards' motion approving the application, subject to compliance with State Statutes and with the underst-anding that it be approved annually by Council before its annual renewal was seconded by Councilwoman Schmidt. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. CONTRACT NO. 77-11 AWARD CONFIRMED. Council was advised that the minutes of Nov- ember 21, 1977, had failed to reflect the fact that bids had been awarded for Malibu Drive Improvements Nos. SS-346, Wkl-330, ST.S-158 and Graveling BA-231. Tabulation of bids for Contract No. 77-11 had showed G. L. Contracting, Inc., low bidder at $47,332.70, Peter Lametti Construction Co. at $47,836.10, Q.R.S. Con- struction, Inc., at $50,042 and Orfei & Sons, Inc., $51,404.21. Councilman Richards' motion was then seconded by Councilwoman Schmidt confirming the award of bids by.Counci.1 to recommended low bidder, G. L. Contracting, Inc. Ayes : Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Motion carried. 6/19/78 a 0 $3 c') 5 5 FC INTAINI 300s APARTMENTS CENIC AND OPEN SPACE EASEMENT MODIFICATION PI"NGS S 01UUW)- Afjidilvits of Notice were presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes presented the request of Fountainwoods Apartments rimers to modify the 80 foot scenic easement between the apartments and Walnut Drive to permit construction of a tennis court in the easement area. He recalled that the agreement to grant this easement had been one of the conditions agreed to by the developer to protect surrounding properties. Mr. Charles Hemple, 6004 Walnut Drive presented a petition signed by residents on Walnut Drive and 6670 Vernon Ave., objecting that the proposed amendment to the easement would be a violation of the original agreement. The petition also objected to the constant noise from air conditioning equipment from the apartments. Dr. Edward Youseff, 6000 Walnut Drive, showed pictures of the easement area and advised that it was overgrown with weeds. He objected also to the fact that lights in the existing tennis courts are left on until mid- night and that these lights shine in bedroom windows on Walnut Drive. A representative from Fountainwoods Apartments said that the easement is mowed at least twice during the year and that they have spent in excess of $5,000 to attempt to correct the air conditioning system. Councilman Richards sug- gested that $5,000 was not a substantial amount to spend when there are 316 apartment units involved. prepare findings supporting a denial of the request, which findings are to be presented for approval at the Council Meeting of July 10, 1978. Motion was seconded by Councilman Richards who also suggested that the Park Board be requested to check into the time that lights are turned off at other tennis courts throughout the City. Councilman Courtney then moved that the staff Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SUITS AGAINST CITY NOTED. Mr. Rosland advised Council that Summons and Com- plaints have been served on the City Clerk relative to incidents invo.lving Ms. Arlene Neumann and Joel Desotelle, which suits have been referred to the City Attorney and to the insurance company. No action was taken. NORTHERN STATES POWER LIGHTING CONTRACT CONTINUED. Councilman Richards' motion was seconded by Councilman Shaw continuing the Northern States Power lighting contract for the Morningside area to the Special Neeting to be held on July 26, 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I SUBDIVISION DEDICATION GUIDELINES CONTINUED. Councilman Shaw's motion was seconded by Councilman Courtney, that discussion of subdivision dedication guide- lines be continued to July 10, 1978. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PARK BOARD MAJOR IMPROVEMENTS FINANCING DISCUSSED. Mr. Rosland referred to the Park Board Minutes of June 13, 1978, in which the following major improvements were recommended : 1. Braemar Arena energy saving equipment - (would save between $20,000 and $30,000 annually on energy and maintenance cost) - Cost of approximately $370,00Oproposed to be paid from sale of bonds. Irrigation system for Braemar Golf Course - (would save costly repair an maintenance costs) - Cost of approximately $300,000 for new well ana irriga- tion system 3. York Park - Purchase of additional lot for approximately $7,000 to be paid from Northcentral Area Parkland Dedication Fund 4. Art Center ventilation and air conditioning - Cost of approximately $10,000 to be financed from the Southeast Area Parkland Dedication Fund During the discussion of the above improvements, Councilman Richards emphasized that the Art Center is not self sustaining and objected that funds from the Southeast Area Parkland Dedication Fund are proposed to be used. by Mr. DalenLthat the cost of the improvements would be charged against the Art Center directly. as recommended by the Park Board was seconded by Councilman Shaw. 2. is proposed to be paid from sale of bonds. It was clarified Councilwoman Schmidt's motion authorizing the improvements Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Nays: None Motion carried. 6/19/78 204 WNDSON ROAD VACATION HEACXNG DATE SET. resolution and moved its adopeion: Councilman Shaw offered the f ollawing ) RESOLUTION CALLING PUBLIC HrARING ON STREET VACATION BE IT RESOLVED by the City Council of the City of Edina: Hennepia Coimty,'PIinne- I sota, as follows: 1. 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, 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 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. This Council shall meet at the time and place specified in the form of It is hereby found and determined that the following described street should 2. notice included in paragraph 3 hereof for the purpose of holding a public hearing 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 notice, at least 14 days prior to the date of such hearing, in at least three (3) public and .conspicuous places within the City, as provided in Minnesota Statutes, Section 412.851. in substantially the following form: The Clerk is authorized and directed to cause notice of the time, place Such notice shall be (Official Publication) CITY OF EDINA 4801 8. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ON VACATION OF EASEMENT FOR ROAD AND UTILITY PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City.Counci1 of the Oity of Edina, Hennepin Coimty; Ninnesota, will meet at the Edina City Hall, 4801 TJ. 50th St., on July 10, 1978, at 7:OO p.m. for the purpose of holding a public hearing on the pro- posec vacation of the following easement for utility and road purposes: D FOR PORTION OF &lU?ADSON ROAD AI1 not -- 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 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 Nest 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. persons who desire to be heard with respect to the question of whether or the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municiphlity 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 vaca- tion, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend thereto, for the purpose of specifying, in any such vacation resolu- tion, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. BY ORDER OF THE EDINA CITY COUNCIL Florence B. Hallberg, City 'Clerlc The Council shall consider the Hotion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. 6/19/78 205 LETTERS OF CREDIT TO BE ACCEPTED ONLY FROM FEDEY&% AND STATE CHARTERED BANICS IN SEVEN COUNTY METROPOLITAN AREA. Mr. Dr?lr?n recalled that no firm decisidn had beell reached as to limitations to be estabiished as to banks from which letters of credit are to be accepted by the City. Councilman Shaw ' s motion was seconded by Councilman Richards , tlia t only banks charged by the Federal government or by the State of Minnesota would be acceptable to the City. Following discussion, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. - STOREFRONTfYOUTH ACTION REQUEST FOR L.E.A.A. GRANT SPONSOR CONTINUED TO JUNE 26, 1978. Storefront/Youth Action representative, Mr. Steve Lepinski was present to ance (L.E.A.A.) Grant, and spoke particularly to the need as it pertains to child abuse. would be approximately $40,000 per year for three years and would fund two staff people. a 10% match the first and second years and a 40% match the third year and that the City would receive a 5% reimbursement for handling administration laws under the grant. funds if the application for funds was made by the Hennepin County Board of Commissioners. Following discussion, Councilwoman Schmidt's motion that the matter be continued to June 26, 1978, so that it can be determined-if Edina'*can cooperate wfth other suburbs, will $2,000 pay all expenses and will the City be responsible for unemployment insurance, was seconded by Councilman Courtney. request that the City of Edina sponsor a Law Enforcement Assist- Council was advised that the grant which Youth Action is seeking It was brought out that the sponsoring agency would contribute I Concern was expressed that Edina would not receive sufficient Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None > Motion carried. CITY OF RICHFIELD REQUEST FOR STORM WATER DRAINAGE PROBLEMS NOTED. advised that he had received a resolution from the Richfield City Council requesting that the City of Edina take some aotion to solve the problem of drainage from Edina to Richfield properties in the area of Adams HillIlond, advised that this problem is being studied. No formal action was taken. MORNINGSIDE SCHOOL PROPERTY USE CONTINUED TO JULY 17, 1978. Mr. Rosland advised that the Edina School District has given the City until August 1, 1978, to decide to what use the City might want to put the Morningside School property, He said that the matter will be studied by the Edina Park Board and that the question will be brought back to Council at its meeting of duly 17, 1978, action was taken. Er. Rosland He No CLAIMS PAID. for payment of the following claims as per Pre-List: Park Fund, $5,434.00; Edina Art Center, $1,132.83; Park Construction Fund, $5,926.18; Swimming Pool Fund, $2,131.93; Golf Course Fund, $9,546.27; Recreation Center Fund, $4,902.85; Gun Range Fund, $606.86; Water Works Fund, $5,732.76; Sewer Rental Fund, $98,166.74; Liquor Fund, $197,155.58; Construction Fund, $46,909.57; Total', $493,828.60. Motion of Councilman Courtney was seconded by Councilman Shaw General Fund, $116,183.03; Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Council's agenda having been covered, Councilman Courtney's motion for adjournment was seconded by Councilman Richards and carried. 11:55 p.m. Adjournment at d3 City Clerk