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HomeMy WebLinkAbout19780710_regular208 MINUTES OF TI-IE REGULAR IrlEETING OF THE EDINA CITY COUNCIL HELD AT CITY MLL JULY 10, 1978 Answering rollcall were members Courtney, Richards, Schmidt, Shaw and Mayor Van Valkenburg. Advisory Board members present were Mrs. Paul Foss of the Edina Art Center, Nrs. Pat Llona of the Human Relations Commission and Mrs. Helen McClelland of the Community Development and Planning Commission. 3iIiWTES of May 1 and 15, June 5, and Special Meetings of June 15 and 26, 1975, were approved as presented by motion of Councilman Shaw, seconded by Councilman Courtney. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. VICTORSEN'S TIMBERS CONTINUED TO AUGUST 7, 1978. presented by Clerk, approved as to form and ordered placed on file. Mr. Hughes Affidavits of Notice were presented Victorsen's- Timbers, generally located at the Southeast. corner .of the Crosstown Highway and Gleason Road, for preliminary plat approval. lie reviewed the history of-the site, advising that the staff believes that the most suitable development for the site would be for a...multiple residence building located at the base of the hill as was appr,ved by Council in 1975, but never platted. Mr. Hughes advised that the Community Development and Planning Commission had a tied vote on the request and pointed out problems that he felt should be con- sidered by the Council: 1. close to the intersection of McCauley Trail with Gleason Road (approximately 60 feet). 2. Access to the existing residence on Indian Hills Road appears to be very difficult following 'roadway construction. 3. A lift station would be necessary to provide sewer service to lots 13, 14, 15, 16 and 17. 4. Extraordinary measures may be necessary to insure adequate water pressure for portions of the subdivision. 5. Profiles of proposed roads should be provided to ascertain the extent of necessary cuts and fills and resultant loss of vegetation. 6. The location and size of the proposed de-silting basins are inadequate, based upon comments from the Hennepin Soil & Water Conservation District. 7. Access to 19 single family lots by way of a 1400 long curvinlinear cul-de- sac having grades up to 12% is highly undesirable. Mr.-Hughes recommended that, if the site is to be used for R-1 zoning, it should be. developed with very large 1ots.with ackess *from McGauley Trail .rather :than from Gleason Road, but pointed out that this property is owned by someone other than the proponents. access problem for the existing residence on Indian Hills Road and that the Southerly cul-de-sac terminate approximately 400 feet Easterly of its present terminus. attention to the fact that the Victorsens have gone to considerable expense in atterr:pts to find a development which the City would approve. the 22 single family unit proposal now before Council ing R-1 zoning, with the Western Edina Plan and with development of the Indian Hills area, Mr. Keenan referred to a letter fromChief Buresh, advising that he had reviewed the proposed plat and "consider it to be acceptable from the standpoint of accessibility by emergency vehicles". Dr. Glenn Lewis, 6328 Gleason Road, objected that Chief Buresh had not spoken of the safety of pri- vate vehicles, and.referred to the fact that the staff had considered a large apartment development to be the best use for the land. 6909 Dakota Trail, said that he represented the Indian Hills Association and e-xpressed concern about the access to Indian Hills Pass and abotlt the safety of children in the area. He said that R-l zoning is a compatible use, but that the proposed density is too great. Roger Christgau, 6500 Indian Hills Pass, Blr. Wilbur Berg, 6409 Cherokee Trail, and Mr. Harry Xurphy, 6508 Indian Hills Road, who said that his driveway is too steep and that he lives only 32 feet from the cul-de-sac. Concern was also expressed that a request might be made at a later date for a use for Lot 12 other than R-1. Mr. Erickson said that covenants could be set up to prevent such a possibility. ordinaBy but declined to estimate how long tlme it would take before the silting area would require any additional attention, inasmuch as making such an estimated The intersection of the Northerly cul-de-sac with Gleason Road is much too He further recommended that there be a resolution of the Mr. Richard Rennan, attorney for the Victorsens, called Council's He advised that is consistent with exist- I Mr. Robert Perkins, Also objecting to the proposal were Dr. Mr. Hoffman said it would be possible, with extra- measures, to take care of any water and sanitary sewer problens, 7110178 209 \ projection would depend on the amount of rainfall. In response to a question of Mayor Van Valkenburg, Mr. Keenan said that Mr. Victorsen would set up conditions which would apply to all lots which would protect trees and assure that the lots would be zoned R-1 Follnwing discussion, Comcilmn Crzunt~?y moved that the property in question be staked to indicate building site's and the center line of proposed roads so that the Council and any neighbors who wish could review the site at 4 p.m. on Monday, July 17, 1978. Councilman Courtney's motion also provided that the matter be considered again at the Council Meeting of August 7, 1978. ! Motion was seconded by Councilman Richards. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. Mr. Berg requested that the staff have information on the retaining walls available before the August 7 meeting. SECOND READING OF ORDINANCE 811-All7 (EDINA BAPTIST CHURCH) CONTINUED TO JULY 17, 1978. Kr. Hughes presented Ordinance No. 811-All7 for Second Reading, advising that the property in question is located just North of the Edina Baptist Church on 53rd and France Ave. remove the double bungalow that is presently on Lot 11 for church expansion and that the double bungalow on Lot 10 would be retained for church purposes. Mr. Hoffman referred to a letter from residents on Halifax Ave., objecting that enlargement, of the church parking lot has caused flooding of their property during heavy rains. The gentleman who lives at 5241 Halifax Ave. requested tangible evidence that somet1:ing would be done to prevent additional flooding of Halifax Ave. properties. continued to July 17, 1978, so that the City Engineer will have an opportunity to study plans of the church was seconded by Councilman Courtney. He clarified that the church intends to Councilman Shawls motion that the matter be Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. PARKWOOD KNOLLS 20TH ADDITICN FINAL PLAT CONTINUED. wood Knolls 20th Addition, igenerally located South of Interlachen Blvd., North of Parkwood Road, West of Schaefer Road and East of Lincoln Drive, aind recom- mended that .final approval be.granted subject ta r.eceipt of new legal degcrip- tion containing lots and blocks, rather than metes and bounds, and subject to receipt by the City of a deed transmitting Malibu Drive for public road purposes. Mr. Hughes also said that the City should receive a letter from the developer in conformance with an agreement entered into with him at the time earlier sub- divisions were approved which states that the City will assume that portion of the real estate taxes due and payable in the year in which the City received the dedication on a pro rata basis. City would be paying the second half of the real estate taxes paid on this site which would amount to approximately $1,300. property owner pay those taxes and that the City would reimburse him for that amount of money. assessments which could be attributable to this park b70Uld be paid in 1978 by the owner and transferred to remaining property for years thereafter. Wallace Kenneth, 5101 Lincoln Drive, objected that he had not been notified of this hearing and questioned why he had to dedicate 40% of his land for park- land purposes when Mr. Hansen is dedicating only 5%. see lot sizes of the proposed plat, and said that he would like to meet with the City Planner to discuss what will be done to align the cut hetween his property and the Hansen property. Messrs. Carl Hansen and Harvey Hansen, developers of the property said that everything that they have done has been set forth to them by previous councils requesting a master plat of the entire area. Councilman Shawls motion continuing the matter so that the final plat of the park could be straightened out and so that the legal description could be given to the City in Lots and Blocks, rather than in metes and bounds. Motion was seconded by Councilman Courtney. Mr. Hughes presented Park- 4 ' He clarified that, under this agreement, the Mr. Hughes requested that the He also called Council's attention to the fact that special Mr. Mr. Kenneth also asked to Ayes: Courtney, Richards, Schinidt, Shaw, Van Valkenburg Nays: None Motion carried. HEARING DATES SET FOR VARIOUS PLAT APPROVALS. was seconded by Councilwoman Schmidt setting July 17, 1978, for hearing date Councilman Courtney's motion for the following preliminary plats: 1) Ilorine's Addition, 'generally located North of Morningside Road and West of Grimes Ave.; generally located North of Valley View Road and West of Gleason Road; Interchange Center 7th Addition, generally located West of Ohms Lane and North of W. 73rd St.; and 4) Preliminary Registered Land Survey for Dewey Hill Addi- tion, generally located North of W. 78th St., West of Braemar Park and South of Dewey Hill Road. 2) St. Alban's Addition, 3) Edina 7/10/78 210 Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Na.ys: None Ehtion carried. 3ORTIC)N OF AMJNDSON AVE. VACATION APPROVED; RECORDING TO BE WITHHELD. of notice were presented by Clerk, approved as to form and ordered placed on file. PIr. Hoffman presented the request to vacate a portion of Amundson Ave. 2nd utility easement located over the property controlled by Lanvesco, Inc. 3e recalled that preliminary rezoning to PRD-3 was granted by the Council on June 19, 1978, to allow the construction of 96 condominium units on this pro- perty and, due to the design of the development, the vacation of the subject easements would be necessary. way and utility easements, provided that the vacation of the easements shall not become effective until the owner of the property immediately east of and abutting on said easement has obtained a building permit from the City for the construction of the 96 apartment units in two buildings pursuazzt to an Overall Development Plan, and with the understanding that the Council may amend, rescind or modify the resolution vacating said easement. offered the following resolution and moved its adoption in accordance with the Affidavits Mr. Hughes recommended the vacation of the road- Councilman Richards then . recoimnendation of the City Planner: RESOLUTION VACATING EASEMENT FOR ROAD AND UTILITY PURPOSES WHEREAS, a resolution of the City Council, adopted the 19th day of June, 1978, fixed a date for a public hearing on a proposed vacation of an easement for road and utility purposes described as follows: . That part of the Southwest 1/4 of the Northeast 1/4 of Section 8, Township * 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 I to an I 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. to the United States Government survey, and to the recorded plat, Hennepin County, Mianesota; and of said hearing was given and All according WEREAS, two weeks' published and posted notice the hearing was held on the 10th day of July, 1978, at which time all persons desiring to be heard were given.an opportunity to be heard thereon; and SWZEAS, the Council deems it to be in the best interest of the City and of the public that said street vacation be made; and S-ZEREAS, 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; XOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Heme- pin County, Minnesota, that the following described easement for road and utility purposes be and is hereby vacated, with the understanding that the vacation does not become effective until the owner of the property immediately . East of and abutting on said easement has obtained a building permit from the City for the construction of the 96 apartment units 5n two buildings pursuant to an Overall Development Plan, and with the understanding that the Council may . a I amend, rescind or modify this resolution. Eotion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. LEVY LLMIT BASE INCREASE AUTHORIZED. Clerk, approved as to form and oydered placed on file. resolution for Council's consideration increasing the City's levy limit base by lo%, emphasizing that adoption of the resolution does not necessarily mean that the levy limit base will actually be increased by that amount. heard from the audience. resolution and moved its adoption: WHEREAS, the City of Edina is restricted by Minnesota Statutes Chapter 275 to- a maximum levy base increase of six percent annually; and I;lHEREhS, State law does permit a one time reverse referendum to increase the levy limit base by up to ten percent; and rJHERERS, the City was within ninety-eight percent of its limitation in 1978; Affidavits of Notice were presented by &I$. Rosland presented No comients were Councilman Courtney thereupon offered the following RESOLUTION 7/10/78 211 and \$HEREAS, the City Council passed the first resolution on June 5, 1978, and held a public hearing on July 10, 1978, following the required statutory iiokice; sncl \JHEREAS, the City Council of the City of Edina desires to increase its flexi- bility to deal with local problems in a responsible and effective manner; and WHEREAS, an increase in the levy limitation base does not necessitate conmen- surate increase in monies raised from local property; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council desires to avail itself of the provision and increase its levy limit base by ten percent, subject to the reverse referendum petition provision as provided for in the Statute. Motion for adoption of the resolution was seconded by Councilman Shaw. Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Resolution adopted. COUNTY ROAD 18 CONSTRUCTION NOISE DISCUSSED. Ave. S., objected to the sound levels caused by construction work on County Road 18, advising that his house is just .'51 feet from the road and contended that his house should be condemned or a noise barrier constructed and his house air conditioned at the expense of the County. Mr. Thornton said that he is renting his house from the County and that it would be difficult to find another suitable house for the rent he is pres(-ntly paying. He said that Mr. Klossner, Hennepin County Engineer had told him that the County could do nothing to help for another two years and that the Minnesota Pollution Control Agency had told him to run tests to determine the decibel level. Mr. Thornton advised that the law pro- vides that the decibel level should not exceed 65 decibels for more than 10% of each hour and brought equipment which indicated readings over 80 decibels. Councilman Richards agreed that the noise regulations should be enforced, but expressed his concern that public funds should be spent at this.time since Council had' .previously. recomnended that all of the homes in Mr. Thornton's block should be removed because of the County Road 18 construction. He recalled that residents had attended that meeting and protested that the h.ouses adjacent to'the construcy tion area.should not be removed. offered the following resolution and moved its adoption, withThe understanding that copies be sent to Commissioner Kremer, Representative Forsythe and Senator Bang : RESOLUTION WHEREAS, the Minnesota State Legislature has defined decibel rates for safe and reasonable livfng conditions; and WHEREAS, noise in connection with the construction of County Road 18 reaches decibel limits that are unacceptable, having exceeded the limits established by the Minnesota Pollution Control Agency; and WHEREAS, objections have been voiced to the Edina City Council by residents liv- ing in this area; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council hereby requests that the Minnesota Pollution Control Agency look into this mtter and take approprj.- ate action at its earliest opportunity, Mr. Mark Thornton, 303 Washington 03 F I\. a a 5 Following discussion,'Councilman Courtney . Rollcall : Ayes: Courtney, Schmidt, Shaw, Van Valkenburg Nays: Resolution adopted. Richards, who stated that he does not believe that people should be given the option of living in the houses adjacent to the construction area. WELL NO. 5 STARTER FURCHASE CONFIRMED. Mr. Rosland presented tabulation of tt70 informal bids taken for an emergency purchase for a new starter for Well No. 5. Tabulation showed United Electric Corporation low bidder at $3,750.00, with Mid- west Electric Company submitting a bid of $3,763.32. motion was seconded by Councilman Shaw, confirming the emergency purchase from recommended OW bidder, United Electric Corporation. Councilman Courtney's Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carrted. WORKMEN'S COMPENSATION INSURANCE BID AWARDED. Mr . Rosland recalled that since July, 1977, the City has had its Workmen's Compensation coverage in the assigned risk pool through Employer's Insurance of Wausau because no insurance carrier was willing to insure the City on elther a diividead or retro plan. He explained that H~me Insurance Agency has now offered to carry the City's comp- ensation insurance OIL a dividend plan under which the CFty would pay the same premium it would have under the pool, but that khe possibility of an 82 dividend exists. Councilman Shaw's motion awarding the Workmen's Compensation Insurance 71 101 78 to Home Insurance Company for an annual premium to be determined by State rates less a potential dividend, was seconded by Councilman Courtney. Ayes : Nays: None Motion carried. Courtney, Richards, Schmidt, Sliaw, Van ValkeiiLurg BWFIAR PAVILIOM COMPRESSORS BID AWRDED. Mr. Rosland presentzd tabulation of two bids received for two compressors for Braemar Pavilion. Tabulation showed Vilter Manufacturing Corporation low bidder at $9,998.00 and Metropolitan Mech- anical Contractors, Inc., high bidder at $12,980.00. motion for award to recommended low bidder, Vilter Manufacturing Corporation, was seconded by Councilwoman Schmidt. Councilman Courtney's I Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. ORDINANCE NO. 901-A7 ADOPTED. ,Mr. Rosland advised Council that under State law, the City now has the option of keeping its liquor stores open until 1O:OO p.m. on Fridays. Councilwoman Schmidt thereupon offered Ordinance No. 901-A7 for .First Reading, with waiver of Second Read5ng. and moved bts adoption as follows: ORDINANCE NO. 901-A7 AN ORDIEANCE AEIEhQING ORDINANCE NO. 901 AS TO HOURS FOR SALE OF OFF-SALE INTOXICATING LIQUOR THE CITY COUNCIL OF EDINA, MINNESOTA, ORDAINS: .Section 1. Sub-section (d) of Section 18 of Ordinance 901 is amended to read as fo~ows: "(d) after 8:OO p.m. on any day except Friday and Saturday, on which days off-sales may be made until 1O:OO p.m., and no off-sale shall be made on New Year's Day (January Day (the last Monday in May) , Independence Day (July 4) , Thanksgiving Day, or Christmas Day (December 25), but on the evenings preceding such days, if the sale of intoxicating liquor is not otherwise prohibited on such evenings, off- sales may be made until 1O:OO p.m., except that no off-sale shall be made on Dec- ember 24 after 8:OO p.m." and upon its passage and publication. Motion for adoption of the ordinance was seconded by Councilman Courtney. No off-sale of intoxicating liquor shall be made before 8:OO a.m. or . l)j Memorial See. 2. This ordinance shall be in full force and effect on August 1, 1978, Rollcall : Ayes: Courtney, Richards, Schmidt, Shaw, Van Valk Nays: None Ordinance adopted. ATTEST: BO?NIE BRAE DRIVE STREET NAME CHANGE HEARING DATE SET. tion has been received to change the name of Bonnie Brae Drive to "Hyde Park Drive, Councilman Richards' motion was seconded by Councilman Shaw, setting hear- : ing date for August 7, 1978. Being advised that a peti- Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Notion carried. PARNELL AVENUE OILING PETITION RECEIVED. Councilman Shawls motion was seconded . by Courrcilman Cocrtney, referring the petition for oiling Parnell Averrue between W. 62nd Street and W. 63rd Street to the Engineering Department for processing. Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. SUBDIVISION GUIDELINES ADOPTED. Mr. Rosland presented ''Subdivision Dedication Guidelines", recalling that this mtter had been continued from the meeting of June :9, 1978, for further Council review. Shaw offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby adopt "City of Edina Sub- division Dedication Guidelines" as hereinafter set forth: A. Purpose. No discussion being heard, Councilman RE SOLUTION Edina Ordinance No. 801, "The Platting Ordinance", states that in every plat, replat, or subdivision of land to be developed for residential, commercial, industrial, or other uses, a reasonable portion of such land shall be set aside and dedicatedby thetract owner to the general public as open space for parks, 7/10/78 213 playgrounds, public open space, or storm water holding areas or ponds, or, at the option of the City, the tract owner shall contribute to the Cicy an amount of cash in lieu of such a land dedication. The purpose of these gu-idelines is to clarify the above-referenced ordinance and to provide a set of criteria for assisting in the determination of a reasonable public dedication in conjunction with the subdivision of property. However, due to the varying facts and circumstances associated with the subdivision of property, these guidelines will not serve as an absolute and inElexible formula for computing public dedications, but rather will merely assist the City of Edina in the determination of fair and reason- able public dedications. Finding of Requirement for Subdivision Dedication. 1. . B. In conjunction with the subdivision, platting, or re-platting of land and no additional lots or development intensities are created, then a public dedication shall not be required. In conjunction with the subdivision, platting, or re-platting of land and additional lots or development intensities are created, then a public dedication shall be required and shall be based upon the land area encompassed within the additional lot(s), value attributive to such lots, or value attributive to increased development intensities. A land dedication and public access to such a dedication may be required when : a) property is adjacent to an existing park or public open space and the addition bene2icially expands the park or public open space. b) property available for dedication is at least. 6 acres in area or will be combined. with future dedications so that the end result will be a mirdmum of a 6 acre park. property is a natural storm water holding area, a floodplain, or is needed for storm water holding area and can be dredged or otherwise improved for that purpose. the property is a place of significant natural, scenic, or historic value. 2. C. Determination of Requirement of Land or Cash in Lieu of Land. 1. c) property abuts a natural.lake, pond, or stream. . . d) e) Cash will be required in all other instances than above unless facts and circumstances direct a combination public dedication of land and cash in lieu of land. If it is determined that a land dedication is desirable and a) 2. D. Determination of Reasonable Amount of Public Dedication. 1, the land to be dedicated is adjacent to an existing park, open space, or public property which would be beneficially expanded by the dedication, then a reasonable portion of the land area encompassed within the subdivision should be dedicated. the land to be dedicated is adjacent to a natural lake, pond, or stream, then a strip of land 100 feet in width as measured upland from the high water mark of a lake or pond or from the center line of a stream should be dedicated. If such a dedication is less than a reasonable portion of the land area encompassed within the sub- division, however, a reasonable cash dedication may be required in addition to a land dedication. the land to be dedicated is a floodplain as defined by Ordinance: No. 815, then the dedication of that portion of the floodplain determined to be undevelopable according to Ordinance No. 815 and according to the rules and regulations of the appropriate watershed district should be made. If such a dedication is less than a reasonable amount of the land area encompassed within the sulidivision, however, a reasonable cash dedication may be required in addition to a land dedication. the land to be dedicated is a natural storm water holding area or can be developed as such for the storage of storm water run-off, then a finding wtll be made to determine 1) the portion of such an area that benefits solely the storm water disposal needs of the property to be subdivided, and 2) the portion of such an area that benefits the storm water disposal needs of the general public, Based upon this finding, a reasonable cash dedication may be required in addition to a land dedication. the land to be dedicated is a place of significant and/or unique natural, scenic, or historic value, a reasonable portion of the total land area encompassed within the subdivision should be dedicated. b) c) d) . e) 2. If it is determined that a cash dedication is desirable, a reasonable cash dedication based upon the value of additional lots or development intensities created by the subdivision should be made. This value will 7/10/78 3. i'i 4. Motion be determined by the City Assessor or by private appraisals or other means acceptable to the City Council. - If it is determined that a public dedication Kzsqreviously made &n in accordance with the above guidelines, then the previous public dedication may be deemed reasonable and further dedication may not be required. If it is determined that a public dedication was previously made, then such a previous dedication may receive credit but an additional public dedication may be required so as to bring the total dedication into conformance with the above guidelines. for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Nays: None Resolution adopted. Courtney, Richards, Schmidt, Shaw, Van Valkenburg JUNE 25, 1978 FLOOD CLAIEIS RECEIVED. Council was advised that claims for alleged damage caused by heavy rain on June 25, 1978, had been received from Mr. and Mrs. David Wend, 7403/7405 Oaklawn Ave., Mr. and Mrs. Alvin Brown, 7405 Oaklawn Ave., 'and the Oscar Roberts Company, 7200 France Ave. The claims have been referred to the insurance company and to the City Attorney. No action was taken. OUTSTANDING fcRAEIL BILL PLEDGES TO BE RECORDED. Being advised by Mr. Dalen that . a total of $2,150 remains unpaid on four Krahl Hill pledges, Councilman Courtney's motzon that mortgage deeds be recorded for the delinquent properties was seconded by Councilman Shaw: Rollcall : Ayes: Nays: None Motion carried. Courtney, Richards,. Schmidt, Shaw, Van Valkenburg SPECIAL ASSESSMENT HEARING DATES SET. As recommended by Mr. Dalen, Councilwoman Schmidt's motion setting Special Assessment Hearing Dates for August 21 and September 18, 1978, was seconded by Councilman Shaw. hyes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None Motion carried. I TRANSFER OF FUNDS TO H.R.A. APPROVED. Mr. Rosland called Council's attention to a memorandum from Mr. Hughes indicating excess expenditures by tb.2 H.R.A. in the amount of $285,378.05, and recommended that a loan of $210,000.00 be made to the H.R.A. from the City Water Fund, and a re-allocation of $76,000 in Year'IV Com- munity Development funds, which funds would be paid back at 7% interest thru tax increment. Following discussion, Councilwoman Schmidt's motion was seconded by Councilman Courtney, authorizing the transfer of funds as recommended by the City Xanager . Rollcall : Ayes: Nays: None Motion carried. Courtney, Richards, Schmidt, Shaw, Van Vallcenburg Y FOUNTAIN WOODS APARTMENTS FINDINGS OF FACTS ACCEPTED. Mr. Rosland called the Council's attention to Findings of Fact in regard to the request of Fountain Woods Apartments that the City modify its scenic and open space easement to per- mit construction of a tennis court on the easement, which hearing was conducted on June 19, 1978. The Findings denied the request for modification of the ease- ment based on the.following reasons: 1. The stated purpose of the Easement is to assure that the Easement Area shall at all times be left in a wild, natural and undeveloped condition and state. The construction of the requested tennis court by the proponents would not be in accordance with the stated purpose of said easement and would detract from the wild and natural condition of the Easement Area. 2. residence constructed on the Subject Property and single family dwellings located on Walnut Drive. The proposed tennis court would diminish the value sild benefits derived from such a buffer. 3. ment Area have relied upon the protection afforded them by the Easement. 4. The amendment of the Easement to allow the construction of a tennis court would be contrary to the stated purpose of the easement and would detract from its value as a buffer for and protection to the adjacent dwellings. Councilman Courtney's motion accepting the Findings as drawn was seconded by Councilman Shaw. The easement was granted primarily to provide a buffer between the multiple Owners and purchasers of dwellings on Walnut Drive and adjacent to the Ease- . f 1 7/10/78 215 Iio 11 c a1 1 : Ayes : Cour+ney, Richards , Schmidt , Shaw, Van Valkeriburg Nays: None Motion carried. i FOURTH OF JULY FIREWORKS DISPLAY DISCUSSED. Mr. Rosland advised Council that he had received many favorable comments about the fine quality of the July 4. fireworks display at Cornelia Park. No action was taken. AUDITOR'S RECOEfMENDATIONS DISCUSSED. Mr. Rosland called Council's attention to observations and recommendations made by the City auditor, which recommenda- tions were generally discussed. No action was taken. YOUTH ACTION CHILD ABUSE PROGRAM SPONSORED BY RICHFIELD. Mr. Rosland advised Council that the City of Richfield is sponsoring the Youth Action Child Abuse Program and that Edina's help is no longer being requested. taken. No formal action was HTJMAN RELATIONS CONMISSION PROGXAM ON MARIJUANA DISCUSSED. Xrs. Pat Llona, HuNan Relations Task Force Chairman, expressed her concern about the phychological affects of marijuana and said that Project CHarlie is hoping to put on a program next fall to publicize this problem. Mayor Van Valkenburg told Mrs. Llona to bring information on the proposed program, along with an estimate of costs, to a future meeting for Council approval, No formal action was taken. JOINT COUNCIL MEETING WITH RICHFIELD CITY COUNCiL TO BE HEL'I). advised that a joint meeting of the City Councils of Edina and the City of Rich- field has been tentatively planned for August 14, 1975, at 4:30 p.m. Council will be advised when definite plans have been made. Mr. Rosland No action was taken. MOXNINGSIDE SCHOOL RENOVATION DISCUSSED. $133,000 has been estimated as the cost to renovate(Corne1ia Schooa. Mayor Van Valkenburg advised that Council- man Courtney mentioned the possibility that other schools may also be closed. formal action was taken. (Note: Should be Morningside School.) No ART CENTER INSURANCE TO BE STUDIED. Mr. Rosland advised that insurance for the Art Center will be studied and a report made to Council in the near future. No action was taken. COUNCIL PICTURES TO BE TAmN. Council was advised that Mr. Campbell will take pictures of each member on July 17, 1978, which'pictures are to be hung in the Council Room lobby. No action was taken. MORNINGSIDE DISCUSSION CONTINUING WITH NORTHERN STATES POWER COMPANY. Mr, Hoff- man advised Council that Morningside residents have been working with Northern States Power and that Mr. Novak is attempting to involve the Public Service Com- mission. No action was taken. FRANCE AVENUE SIDEWALK DISCUSSED. which he had received requesting that the City install sidewalks between South- dale and W. 54th Street. Mr. Hoffman advised that a study is presently being made on a City-wide sidewalk system and that results will be made available within the next few weeks. No formal action was taken. Mayor Van Valkenburg referred to a letter CAHILL SCHOOL USE DISCUSSED. Center, a non-profit organization presently located at Fairview Southdale Hos- pital is considering renting Cahill School. more information must be obtained before it can be determined if this use is permitted in the R-1 Residential District. Council was advised that the Family Renewal City Attorney Ericksor, said that No action was taken. POPULATION ESTINATE DROPS TO 48,920. Metropolitan Council population estimate for Edina has dropped from 48,960 Mr. Rosland advised Council that the 1938 in 1977 to 48,920. No action was taken, FAIRVIEFJ SOUTJDALE HOSPITAL OBTAINING INDUSTRIAL REVENUE BONDS THKU CITY OF MINNEAPOLIS. Council was advised that Fairview- Southdale Hospital is obtaining Industrial Revenue Bonds thru the City of Minneapolis. taken. No action was CLAIMS PAID, payment of the following Claims as per Pre-List: Park Fund, $4,448.84; Art Center, $1,893.84; Park Construction, $5,637.30; Swimning Pooi, $949.50; Golf Course, $4,655.00; Arena, $1,154.22; Water Works, $419.80; Sewer Fund, $94,261.58; Liquor Fund, $7,068.64; Construction Fund, Xotion oE Councilman Courtney was seconded by Councilman Shaw for General Fund, $129,994.01; 7/10/78 216 $4,501.86; IBR, $139.20; Total, $255,123.79; and for confirmation of payment of i: the following claims as per Pre-List dated July 3, 1978; $18,550.04; Park Fund, $2,429.50; Art Center, $730.48; Park Construction, $6,006.75; Swimming Pool, $1,170.56; Golf Course, $1,693.03; Arena, $12,728.Q4;. Gun Range, $143.80; Water Works, $5,715.87; Sewer Fund, $1,460.82; Liquor Fund, $1,430.45; Construction Fund, $383.46; Total, $52,442.80; and for confirmation of Che following claims as per Pre-List dated June 30, 1978: $481,260.51; Art Center, $9.69; Swimming Pool, $224.42; Golf, $3,583.22; Arena, $11.45; Gun Range, $32.06; Water F~lorks, $1,693.19; Liquor Fund, $101,920.83; Construction, $908.18; Total, $589 ,643.55. General Fund, General Fund, Ayes: Courtney, Richards, Schmidt, Shaw, Van Valkenburg Nays: None- . Morion carried. .. -. -. ., No further business appearing, Council-man Shaw's motion for adjournnent was seconded by Councilman Courtney. Adjournment at 10:20 p.m. JL&-L &.$- I City Clerk