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HomeMy WebLinkAbout19790226_regularMINIIT1'5S OF TIIO REGULAR PIEEI'ING OF THIS EDINA CITY COUNCIL HELD AT CITY HRLL FEBRUARY 26, 1979 Answering rollcall were members Bredesen, Richards, Schmidt and Courtney who served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. were Mrs. Helen McClelland of the Comrrunity Development and Planning Commission, Pfrs. Alison Fuhr of the Citizens Safety Council, Mr. Ray O'Connell of the Human Relations Commission and Dr. Walter Krafft of the Advisory Health Committee. . MINUTES of February 5, 1979, were approved as submitted by motfon of Courrcil- woman Schmidt, seconded by Councilman Richards. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried Present also RESOLUTIONS OF CONGRATULATIONS OFFERED. following resolutions which were read by Mayor Pro Tem Courtney was seconded by Councilwoman Schmidt: WHEREAS, the Harold Liljenquist family, Verna, Ronda, Tammy and Stephan, are resi- dents of the City of Edina; and WHEREAS, the Liljenquists have immeasurably enriched the lives of many individuals and families from Ediaa and elsewhere through their active, creative and productive work with the Edina Community Lutheran Church, the Boy Scouts of America, the Circle F Halfway House and many other Edina community servke organizations; and J?HEREAS, the Liljenquist family has provided especially valuable service to and with the Edina Special Childrens' Group (ESCG) , building the Group and refining and increasing the Group's range of service, leading to its reorganization as the Childrens' Advocates and Resources of Edina (CAKE); NOW, THEREFORE, BE IT RESOLVED by the Edina City Council on behalf of the resi- dents of the City of Edina, that a sincere expression of appreciation be commended Councilman Richards' motion offering the RESOLUTION OF APPRECIATION + to the Liljenquist family. RESOLUTION OF CONGRATULATIONS I * WHEREAS, for the past three consecutive years, Edina West Upper Division Debate -Teaus have placed first in Region 6-4 Tournament competition; and ' WJBREAS, during the 1978/79 school year, two Edina West Varsity Debate Teams, under the leadership of Coach Tom Lindquist, placed first and second in regional ITHEREAS, Rebecca Dao and Cathy Schumacher won the Minnesota State Debate Tourna- ment, held in Coon Rapids on Saturday, February 17, 1979, and, in sc doing, brought acclaim to their school and to their community; NOW, THEREFORE,' BE IT RESOLVED that the Edina City Council does hereby express its most siacere coagratulations to Rebecca Dao and to Cathy Schumacher and does wish them every success in' the years to come; and B% IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes 'Book of the Edina City Council and that appropriate copies be presented to Rebecca Dao, Cathy Schumacher, Coach Thomas Lindquist and to Principal .Tames L. Cabalka. - WHEREAS, after qualifying by winning'the Regiorr 6AA Cross Country Ski Event, Todd Wllmert of Edina West Upper Division has won? the Minnescta State Chzmpionship as an individual Cross Country Skier; and TJHEREAS , in performing this outstanding accomplishment , Todd Wilimert exemplified the highest standards of gentlemanly conduct, good sportsinanship and athletic pro- ficiency, bringing acclamation to his school and to his community; tions be offered to TODD WILLMERT for his outstanding success; and BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Min- utes Book of,the Edina City Council and that an appropriate copy be presented to him. XHEPaS, after placing first in the Region 6AA Girl's Racing Ski Tournament, the Edina West Upper Division Girl's Slalom Team was named State Runner-up for win- ning-Second Place at the State Ski Tournament at Welch Village on Friday, Febru- ary 16, 1979; and TJHEREAS, under the a6le leadership of Coach Terry Peters, these members of the Edina West TJpper Division Girl's Slalom Ski Team performed creditably and exempli- fied the highest standards of ladylike conduct, athletic proficiency and good sportsman-ship ; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council express its most sin- cere congratulations to Ara Burwell, Katherine Coop, Kimberly Haugen, Karen Healy, - compet5tion;- and RESOLUTIOE OF CONGRATULATIONS . ~ NOW, THEREFORE, BE IT RESOLVED BY THE EDINA CITY COUNCIL that sincere congratula- I RESOLUTION OF CONGRATULATIONS I .. Shari l<ul.Lcr arid Cynthia Spear; and BE IT FURTHER RESOLVED that: this resolution be spread upon the pages of the Elin- Utes Book of the Edinn City Council and that apprcpriate copics be presentgd to members of the team, to Coach Peters and to Principal .James L. Cabalka. RESOLUTION OF CONGRATULATIONS WHEXEAS, after placing first in the Region 6AA Boy's Racing Ski Tournament, the Edina West Upper Division Boy's Racing Ski Team has, for the first time, won the Minnesota State Championship in slalom racing at Welch Village on February 16, 1979,; and WHEREAS, under the able leadership of Coach Ronald LaEloure, these members of the Edina West Upper Riviison Boy's Racing Ski Team performed creditably and exenplified the highest standards of gentlemanly conduct, athletic proficiency and good sportsmanship; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council express its most sincere congratulations to Scott Adams, Bill Bascom, Mike Gyetvan , Steve Jones, Tony Mitchell ar,d Walt Zabel; and BE IT FURTHER RESOLVED that this resolution be spread upon the pages of the Minutes Book of the Edina City Council and that appropriate copies be pre- sented to members of the Team to Coach LaMoure and to Principal James L. Cabalka. THE TIMBERS GRANTED FINAL PLAT APPROVAL SUBJECT TO CERTAIN CONDITIONS. Mr. Hughes recalled that final plat for The Tinbers had been continued from the Council Meetirig of February 5, 1979, because the City had not received either hard shells and linens or an executed Developer's Agreement. Mr. Hughes advised that all conditiions established by Council on September 11, 1978, at the time preliminary approval had been granted had been met, with the exception of payment of funds in lieu of subdivision dedication. the Cross View Lutheran Church should be one of the signers of the plat. Mr. Robert Hoffman, representing the Victorsens, advised that the church is not a signer on the plat because they did not know the church had a contract with the synod, and that the church signatures could be added. He asked the Council to reconsider the amount of money requested to be contributed in lieu of subdivision dedication, based on the length of time the plat had been under consideration by the Council. dedication for the scenic easement which he has already given. Mr. HoffmanTsaid that if there is a chznge in the City's subdivision dedication policy-, it should be applied to all developers. 5% dedication had been made over a long time period, but for some time now the Council has based its request for subdivision dedication on what-is considered a reasonable amount". Mention was made of a letter received from Mr. and Mrs. Bernie Gunderson, 6405 Indian Pond Circle, objecting that the proposed lots were much smaller than adjoining Indian Hills lots and that this difference.would cause aesthetic, environmental 2nd erosion problems, and suggesting that the developer's figures as to the percentage of land to be cleared for roads, driveways, garages and housing was inaccurate and probably closer to 33%. Mr. Erickson emphasized that because the protectivecovenants are a part of the original conditions, the City would like to record them as soon as possible and was assured by Mr. Hoffman that the Victorsens would pay the cost of all filing fees. In response to quest- ions by Mrs. Ann Carrier, 6409 Indian Pond Circle and Dr. Glenn Lewis, 6328 Gleason Road, Mr. Victorsen said that covensnts on the plat describe very clearly what type of house is to be built in the subdivision. Upon inqutry of Councilman Richards, as to whether the houses would be in keeping with the Indian Hills neighborhood, Mr. Victorsen said that the floor areas would be a minimum of 1,800 square feet, as compared to his own floor area of 1,823 square feet. Mr. Victor- sen said that the lots will sell between $30,000 and $85,000, with an average cost between $50,000 2nd $55,000, and estimated that the houses would sell between $150,000 and $200,000, plus the cost .of the lots- Dr. Lewis expressed objections that Mr. Hoffman is still acting as the Victorsen's attorney, and was told by Mr. Hoffman that work done for the neighbors by Mr. Hoffman's firm had been done in opposition to the construction of apartments on the site, and was not, therefore, a conflict of interest. In response to the concern of Councilman Richards, Mr. Hoffman explained that covenants run with the plat and that a permit will be required from the City before any trees can be removed. Richards that the developer will install sanitary sewer, watermain, storm sewer, blacktop, curb and the retaining walls. Council was advised that the City holds a Letter of Credit for $212,000 for these improvements. Mr. Victorsen said that he could not give an estimate of.expenditures made relative to the plat inasmuch as some costs were incurred relative to the proposed apartment building. Hoffman assured Mr. Erickson that the developer had no intention of baking any changes in the covenants which might negate the protections given to the neigh- He also advised that he believes that He requested also that Mr. Victorsen be given some credit toward the Mayor Pro Tem Courtney advised Mr. Hoffman that the 11 He assured Councilman Plr* L, 2/26/79 bors. Engineer Francis Iloffman assured Dr. Lewis that, under normal conditions, the road would be open at the start of each day and every evening €or automobile trafEic and that, should the-need arise, emergency vehicles would have access to the Lewis property. sen said that he would pay the $40,000 subdivision dedication if Council insisted on that amount, but that he felt it was unjust to be required to pay 8% at this time. Mr. Victorsen declined to answer whether he will object after he has made the payment or if he will sue the City. conversation that he had with Nr. Victorsen, Nr. Victorsen had iridicated thae he would pay the $40,000 and then sue the City. Mr. Richards said that he would not approve €he plat knowing that a lawsuit had been threatened until he .had been assured that no lawsuit would be filed. Mr. Hoffman said that He was sure that Mr. Victorsen would not enter into a suit without the advice of an attorney and that no attorney would enter into a frivilous lawsuit. He added that if his firm was asked by Plr. Victorsen, they would not suggest that he sue. Nayor Pro Tem Courtney advised that the Council had been of the opinion that the undeveloped land value of the site is between $508,000 and $663,000, but had agreed that the $40,000 was a reasonable award whatever percentage is applied to these racges of values. City Attorney Erickson clarified at this point that the ordinams requirements have been net, except that the land has not yet legally been acquired from the Cross View Lutheran Church, and that the $40,000 which the Council has determined to be reasonable has not been paid. signed by the City and released until all conditions have been met. assured the Council that the $40,000. check will be paid 011 February 27, 1979. . Councilwoman Schmidt then offered the following resolution and aoved its adoption: BE IT RESOLVED that that certain plat entitled "The Timbers" and platted by Folke R. Victorsen and Veowa M. Victorsen, husband and wife, by the Folke R. Victorsen Company, by the Ninnesota South District of the Lutheran Church-Missouri Synod and by Cross View Lutheran Church, and presented at the Edina City Council Meeting of February 26, 1979, be and is hereby granted final plat approval, subject to the following conditions: 1. 2. 3. That Folke R. Victorsen Company become the record fee owner of all of the In response to a question of Councilwoman Schmidt, Elr. Viccor- Councilman Richards advised that in a I He recalled that, by ordinance, a plat is not to be Mr. Hoffman RESOLUTION That $40,000 be paid in lieu of subdivision dedication; That Cross View Lutheran Church be added as a signer on the plat; property to be included within the Declaration of Protective Covenants to be imposed on the land within the plat by the Folke R. Victorsen Company; this' agreement with Cross. View Lutheran Church and the Missouri Synod for acquisi- tion of a part of the property to be included within the Declaration. 4. That no work be done on the property until all conditions have been met. . Motion for adoption of the resolution was seconded by Councilman Richards who reiterated his opini'on that the property value approaches $1,000,000 and that $40,000 is a reasonable payment in lieu of subdivision dedication, and, further, x~th the understanding that any activitjr. on the site is to be halted if the Vict- orsens in any way fail to perform the conditions set forth in this resolution. ' Ayes: Bredhen, Richards, Schmidt, Courtney I ' '- ' means that the Folke R. Victorsen Company will have to close its purchase Rollcall: Nays: lone Resolution adopted. * JOEN J. VELIE APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION CONTIhWD. As requested by Mr. Velie, Councilwoman Schmidt's motion was seconded by Councilman Bredesen that the variance appeal of Mr. John J. Velie for property located at 4300 and 4302 Valley View Road be continued until March 19, 1979. Ayes: Bredesen, Richards,, Schmidt, Courtney Nays: None Xotion carried. UNIBD PROPERTIES/TIJIN CITY FEDERAL SAVINGS & LOAN APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION DENIED. Nr. Hughes recalled that the appeal of United €roperties/Twin City Federal Savings & Loan from the Board of Appeals and Adjust- ments decision for a sign variance at 3400 W. 66th Street had been continued from the Council meting of January 15, 1979. He recalled that when the bailding per- mit was issued for the propeirty (Part-of Lot 4, Cassin's Outlots and Part of Lot 4, Block 4, Southdale Acres) the developer tjas advised by rhe City staff that the construction documents contained proposals for additional signage that did not con- form with the ordinance. Mr. Hughes explained that sign regulations for the Office District permit on2 building identification sign per street frontage, with the first sign being allowed a masimum area of '50 square feet and additional signs be- ing limited to 36 square feet. faced signs are permitted a total sign area of up to twice the permitted area for a single faced sign and, in addition, traffic directional signs are permitted Mr. Hughes added that two sided signs and multi- 2/26/79 J I. where appropriate, provided they are less than'6 square feet in area atid do not bear any advertising. permission for three building identification signs and, since they have two street frontages, do not conform to the ordi.iance. All three signs are defined as building identification signs because they exceed 6 square feet and all bear advertising. Mr. Hughes explained that the staff has suggested that a traffic directional sign on the canopy or a freestanding sign should be adequate and is utilized by other financial institutions. , would be permitted to read "drive-in teller" , 'huto bank - entrance", "open", plans which indicated the combination of two sites and explained that the pro- 'posed signage has the same number of building identifications signs as would be permitted if the properties had been developed independently. He explained fur- ther that the total sign area proposed is less than the total area permitted for the site. Mr. Stensby said that the proposed signs are designed in scale to the Following considerable discussion, Councilman Bredesen moved that the variance be granted. of a second. Councilwoman Schmidt then moved that the request from the Board of Appeals and Adjustments decision be denied inasmuch as the request did not meet the four criteria that are necessary for a variance. Councilman Richards. Mr. Hughes explained that the proponents are requesting This sign could be illuminated and clased", etc. Mr. Kenneth Stensby, President of United Properties, showed site I1 . -buildings and would enhance the property. Motion died for a lack Motion was seconded by Ayes: Richards, Schmidt, Courtney Nays: Bredesen, who said that he would like to review the ordinance. Motion carried. ' . KMSP-TV APPEAL FROM BOARD OF APPEALS.AND ADJUSTMENTS DECISION CONTINUED. Mr. Eiughes recalled that the appeal of KMSP-TV from a Board of Appeals and Adjustments decision denying their request for a 100 foot antenna tower height variance had been continued from the meeting of January 15, 1979, so that the Council and the staff of KMSP-TV would have an opportunity to study a report submitted by Dr. John DuBois. Mr. Donald Schwartz, President of KMSP-TV introduced Mr. Daniel B. Rieder, representing United Television, who submitted a statement submitted by KMSP-TV in response to Dr. Dubois' report.. He showed photographs designed to indicate that the over all effect on the area will not be imposing and said that there wotild be two six foot dishes at'the top of the tower and that no microwave dish would be necessary. In response ro a concern of Mayor Pro Tem Courtney that allowing this variance might be setting a precedent, inasmuch as Dr. Dubois has indicated that Hennepin County will be requiring a tower for its Book Circulation Control System, Mr. Rieder said that KMSP-TV would be willing to grank permission for the County to use theFr tower; Mr. Glen Smith of KMSP-TV agreed that this would be p'oasible. He explabed the technical reasons that the proposed tower is needed to provide a higher quality of pictures and sound. ney Erickson, Mr. Reider said that he prepared the statement submitted at this meeting and that he is employed as the Director of Engineering with Minnesota Public Radio and has been responsible for the design and development of all tech- nical facilities in the state-wide network and that he has been employed by KMSP- TV for the preparation of the report. He advised Mr. Erickson that he would sub- mit a statement of his qualifications for Council's review, and also urged that action be taken as quFckly as possible. Mr. Erickson pointed out that Dr. DuBois had also indicated a second violation of Ordinance No. 812 as it pertains to the "mass" of the antenna. Councilwoman Schmidt's motion was then seconded by Councilman Richards that the hearing be continued to March 5, 2979, so that Dr. DuBois would have an opportunity to study KMSP-TV's statement and so that the question of the mass. can be studied by the staff, KMSP-TV and Dr. DuBois. Ayes : Bredesen, Richards, Schmidt , Courtney Nays: None Mot ion carried. In response to a question of City Attor- LOT 5, BLOCK 1, SOUTHDALE 4TH ADDITION AND LOT 5, BLOCK I, SOUTHDALE 2ND ADDITION LOT DIVISION APPROVED. Mr. Hughes recalled that the petition for a lot division proposed tc realign a common boundary between two lots generally located South of W. 66th Street and West of Cornelia Drive had been continued from the meeting of February 5, 1979. No objections were heard and none had been received prior thereto , whereupon Councilman Brcdesen offered the following resolution and moved ics adoption as recommended by the staff and the Community Development and Planning Comnission : WHEREAS , the following described tracts of land constitute various, separate parcels : RESOLUTION Lot 5, Block 1, Southdale Fourth Addition, .according to the duly recorded plat thereof; subject to easements, restrictions and protective covenants of record, if any; and 2/26/79 Outlot 1, Southdale Fourth Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County; and Lot 1, Block 1, Southdale Second Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County; and that part of Lot 1, Block 1, Southdale First Addition lying West of the following described line: Beginning at a point in the South line of said Lot 1, 40.72 feet East of the Southwest corner as measured along the South Lot 1 which point is 129.82 feet Northeasterly from the Southwest comer as measured along the Westerly line thereof, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County; and -line thereof; thence running Northerly to a point in the Westerly line of said I WHEREAS, the owners of the above tracts of land desire to combine said tracts into the following described new and separate parcels (herein called "Parcels") : Lot 5, Block 1, Southdale Fourth Addition, according to the plat thereof, on filelor of record in the office of the Registrar of Titles in and for said County, subject to drainage and utility easements as shown on plat; also that part of Lot I, Block 1, Southdale Second Addition, according to the plat there- of on file or of record in the office of the Registrar of Titles in and for said County, lying Vesterly of a line described as commencing at the most Northwesterly corner of said Lot 1, Block 1, Southdale Second Addition; thence Southwesterly along the Northwesterly line of said Lot 1, Block 1, Southdale Second Addition, a distance of 68.47 feet; thence SoutherIy along the Westerly line of said Lot 1, Block 1, Southdale Second Addition, a distance of 54.00 feet to the point of beginning of the line to be described; thence Southerly, deflecting to the left 28 degrees 00 minutes 00 seconds, to-the iiltersection with the South line of said Lot 1, Block 1, Southdale Second Addition and said line there terminating; and Outlot 1, Southdale Fourth Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for said County; and Lot 1, Block 1, Southdale Second Addition, according to the plat thereof on file or of'record in the office of the Registrar of Titles in and for said County; except that part of said Lot 1, Block 1, Southdale Second Addition, ly- ing Westerly of a line described as commencing at the most Northwesterly comer of said Lot 1, Block 1, Southdale Second Addition; thence Southwesterly along the Northwesterly liae of said Lot 1, Block 1, Southdale Secozd Addition, a distance of 68.47 feet; thence Southerly along the Westerly line of said Lot 2, Block 1, Southdale Second Addition, a distance of 54.00 feet to the point of beginning of the line .to be described; thence Southerly deflecting to the left 28 degrees'00 minutes 00 seconds, to the intersection with the South line of said Lot I, Block l,.Southdale Second Addition and said line there terminating; Subje'ct to certain restrictions, reservations and covenants 2s contained in deed Document No. 450484, Files of Registrar of Titles; and subject to Reserva- tion of Easements, Rights and Privileges with Respect to Utilities, etc. as contained in deed Document No. 450484, Files of Registrar of Titles; (See Inst.); and that part of Lot 1, Block 1, Southdale First Addition lying West of the following described line: Lot 1, 40.72 feet East of the Southwest corner as measured along the South line thereof; thence running Northerly to a point in the Westerly line of said Lot 1 which point is 129.82 feet Northeasterly from the Southwest corner as measured along The Westerly line thereof, according to the plat thereof on.file or of record in the office of the Registrar of Titles in and for said County; subject to certain restrictions, reservations and covenants as contained in deed Document No. 448729, Files of Registrar of Titles; and subject to Reservation of Easements, Rights and Privileges with Respect to Utilities etc., as Contained in Deed Document No. 448729, Files of Registrar of Titles; (See Inst.) and subject to easement and option to purchase as shown in deed . I Beginning at a point in the South line of said ' Document No. 536076, Files of Registrar of Titles; and -. ~ IJHEREAS, it has been determined that compliance with the Subdivision and Zcning' Regulations of the City of Edina will create an unnecessary hardship and said Par-. cels as separate tracts of land do not interfere with the purposes of the Sub- division and Zoning Regulations as contained in the City of Edir.a Ordinance Nos. 801 and 811; NOW, THEREFORE, it is hereby resolved by the City Council of the City of Edina that the conveyance and ownership of said Parcels as separate tracts-of land is hereby approved and the requirements and provisions of Ordinance No. 801 and Ordinance No. 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land but are not waived for any other purpose or as to any other provision thereof, and subject,. however, to the provision that no further subdivisik-n 'be made of said Parcels unless made in compliance with the pertinent ordinances.of the City of Edina or with the prior approyal of this Council as may be provided for by those ordinances. I .- 2/26/79 ' 61 Motion for adoption of the resolution was seconded by Councilwonnn Schmidt. Rollcall: Ayes : Bredesen, Richards, Schmidt , Courtney Nays: None Resolution adopted. PAT MOORE'S FIRST ADDITION PRELIMINARY PLAT APPROVAL CONTINUED. Affidavits of Notice were presented by Clerk, approved as to forn and ordered placed on file. Mr. Hughes presented Pat Moore's First Addition for preliminary plat approval, said plat being known 2s Lot 2, McCauley Heights First Addition and located at 6904 Indian Hills Road. Council was advised that the staff and the Community Dev- elopment and Planning Commission had recommended approval of which would create a new 15,286 square foot lot fronting on Indian Hills Road, with a 39,162 square foot lot being retained for the existing dwelling on the site. He explained that lots on the North side of Indian Hills Road are substantially larger in area than the proposed new lot, but that many of these lots are very long and narrow and their width at the building site is quite similar to the pro- posed lot. Mr. Hughes explained further that lots on the South side of Indian Hills Road and across the street from the subject property are substantially smller and very similar in size to the proposed lot. PIr. Hal Chamberlain, repres- enting the developer, spoke in favor of the plat. Letters of opposition were noted from Mr. and Mrs. Joseph Buchan, 6616 Indian Hills Circle, and tlr. and Mrs. Thomas Ries, 6600 Sally Lane. Speaking in opposition to the plat on the grounds that the smaller lot would destroy the character of the area were Messrs. Orrin M. Haugen, 6612 Indian Ells Road, Paul Keller, 6412 Indian Hills Road, Wayne H. French, 6601 Pawnee Road, Joseph Buchan, 6616 Indian Hills Circle, the resident who-lives at 6700 Indian Hills Road, and Mr. and Mrs. J. R. Gardner, 6620 Indian Hills Road. Neighbors also objected to the fact that an ad had been placed in the paper for the sale of the house which had advertised the fact that an additional lot was also included. The objection was also raised that all affected property owners had not been notified of this hearing. the hearing be continued 'to March.5, 1979, and that the staff be directed to pre- pare findings and reasons for review and further action :was secdnded by Council- man Richards who added that he believed that the findings should deal with addi- tional traffic, loss of vegetation and the impact on public waters. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Mot ioc carried. the proposed plat Councilwoman Schmidt's motion that EDINA OFFICE CENTER ZONING kND FINAL PLAT APPROVAL CONTINUED TO MARCH 5, 1979. As recommended by Mr. Hughes, Councilwoman Schmidt's motion was seconded 3y Councilman Bredesen continuing final plat approval for Edina Office Center and Second Reading of Ordinance No. 811-A122. .! Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. YORKDALE TOWNHOEES OF EDINA UTILITY EASEMENT VACATION APPROVED. Affidavits of Notice were presented by Clerk, approved as to forn and ordered placed on file. Mr. Hoffman presented the petition for vacation of utility easements.in Yorkdale Townhomes 04 Edina, advising that new easements had been granted in lieu thereof. No objectlons being heard, Councilwoman Schmidt offered the following resolution and moved its adoption: RESOLUTION - WHEREAS, a resolution of the City Council adopted the 5th day of February, 1979, fixed a date for a public hearing on a proposed vacation of easements for utility purposes; and WHEREAS, two weeks' published and posted notice of said hearing was given and the hearing was held on the 26th day of February, 1979,. at which time all persons desiring to be heard were given an opportunity to be heard thereon; and WHEREAS, the Council deem it to be in the best interest of the City and of the public that said easement vacation be made; and WHEREAS, the Council has considered the extent to which the vacation affects existing easements within the area of the vacation and the extent to which fhe vacation aEfects 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 ol: to enter upon such easement area thereof vacated to maintain, repair, replace, remove, or otherwise attend theyreto; NOW, THEREFORE, BE I'I: RESOLVED by the City Council of the City of Eclina, Henne- pin County, Minnesota, that the following described portion of the utility ease- ment be made and is hereby vacated effective as of February 27, 1979: 2/26/79 . An easement for utility purposes over, under and across that part of Lot 1, Block 1, Porkdale Townhomes of Edina, according to the recorded plat thereof , Hennepin County, Minnesota, wliich lies 20 feet Northwesterly of. a line described as commencing at the Narthwest corner of said Lot 1, Block 1, Yorkdale Townhomes of Edina; thence South 00 degrees 07 minutes . 18 seconds West, assumed bearing along the West line of said Lot I, a distance of 312.81 feet to the point of beginning of the line to be described; thence North 66 degrees 37 minutes 18 seconds East a distance of 90 feet and said line there terminating; and An easement for utility purposes over, under and across that part of Lot 1, Block 1, Yorkdale Townhomes of Edina, according to the recorded plat thereof, Hennepin County, Minnesota, described as follows : Commencing at the Northwest.corner of said Lot I; thence South 00 degrees 07 minutes 18 seconds West, assumed bearing, along the l?est line of said Lot 1, a distance of 967.86 feet to the point'of beginning of the easement to be described; thence South 73 degrees 52 minutes 42 seconds East a distance of 244 feet; thence South 14 degrees 56 minutes 57 seconds l?est a distance of 34.39 feet; thence North 76 degrees 32 minutes 42 seconds West a distance of 232 feet, more or less, to the West line of said Lot 1; thence North 00 degrees .07 minutes 18 seconds East, along the Nest line of said Lot 1, a distance of 47.00 feet, =ore or less, to the point' of beginning. A? BE IT FURTHER RESOLVED that the Clerk is authorized and directed to cause a notice of completion of the proceedings to be prepared, entered in the transfer record of the County Auditor, and filed with the Register of Deeds, in accordance with Minnesota Statutes, Section 412.851. Motion for adoption of the resolution was seconded by Councilman Wchards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. I CALHOUN'S COLLECTORS SOCIETY REQUEST FOR USE OF BUILDING NAME FOR ADDRESS COhTINUED. Affidavits of Notice were presented by Clerk, approved as to form and ordered . placed on file. Nr. Rosland presented a request of Mr, Lawrence D. Cohen, repres- enting Calhoun's Collectors Society, requesting that the building located at 7275 Bush Lake Road 3e allowed-to use Calhoun's Collectors Center, Galhoun's Center or Tne CaJhoun Building as a legal address. Council's attentioil was called to an opinPon.of the City Attorney who opined that, although there is no statute speci- fically authorizing the Council to name buildings, there appears to be no specific Frohibition against it either but that it would appear, on essentially nonlegd grounds to be inadvisable to take official action based on the following concerns: 1. 2. for responding ti0 .calls; : 3. a request for a change or some official action to negate the earlier official action designaticg a name forthe building. 4. Possible confusion and conflicts w-ith other persons and businesses, in this case such businesses as may use the name Calhoun; and 5. Apparently the Postal Service will not approve the use of the building nane as the sole address. Kr. Cohen advised that Calhoun's Collectors Society plan to use the building solely for direct mail purposes, with 25,000,000 pieces of mail expected to be received annually. He said that "Bush Lake Road'' does not have "favorable overtones" for a direct mail pusiness and that the name of the building would be used only for the purpose of dlrect nail activity and not for emergency calls. Office would object. As requested by Mr. Cohen, Councilmn Richards? motion was seconded by Councilman Bredesen that the hearing be continued until March 5, 1979, so that Mr. Cohen can get a clarification of the recommer_dations of the Post Office and so that the Police and Fire Departments can give additional input. The setting of a precedent for like requests; The police and fire departments have advised that they need street addresses The sale of the subject building in the future could presumably precipitate Mr. A1 Solberg, -President of Calhoun's Collectors Society, said that he had no idea that the Post Ayes: Brcdesen, Richards, Schmidt, Courtney Nays: None Mofsion carried. BID AWARDED 10R FICKUY FOR SEWER DEPARTMENT. lfr. Rosland presented tabulation three bids received for a 3/4 ton 4 x 4 pickup truck for the Sewer Department. of Tabulation showed Xidway Ford low bidder- at $6,728.00, Superior Ford at $6,995.00 and Malkerson Motors at $7,034.50. Motion of Councilman Richards xas seconded by Councilworan Schmidt for award to recommended low bidder, Midway Ford. 2 /26/ 79 I P- P- I\ a a Q Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Mot ion carried. 63 i COMPACT SEDANS BID AWARDED. for four. compact sedans, showing Penn Auto low bidder for an AMC Concord at $18,614.40, Midway Ford at $19,630.00 for a Fairmont, Superior Ford at $20,392.36 for a Fairmont, Bloomington Chrysler Plymouth at $20,556.00 for a Volare and Malkerson Notors, $21,256.40 for a Monza. Motion of Councilman Richards for award to low bidder, Penn Auto, was seconded by Councilwoman Schmidt. Mr. Rosland presented tabulation of five bids received Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. FIRE DEPARTMENT CARS BID AWARDED. Mr. Rosland presented tabulation of fclur bids received for two midsize cars for the Fire Department. Tabulation showed Bloom- ington Chrysler Plymouth low bidder at $10,890.50 for a Volare, Midway Ford at $11,026.00 for a Granada, Superior Ford at $11,298.04 for a Granada and Malkerson Motors at $11,731.18 for an Oldsmobile Cutlass. Motion of Councilman Richards was seconded by Councilwoman Schmidt for award to recommended low bidder. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. SEWER EDUCTOR BID AWARDED. Mr. Rosland presented tabulation of one bid for a sewer eductor showing Flexible Pipe Tool low bidder at $14,886.00. Councilman Richards' motion for award to Flexible Pipe Tool as recommended by the City Manager was seconded by Councilwoman Schmidt. Ayes : Bredesen, Richards , Schmidt , Courtney Nays: None Motion carried. TURF TRUCKSTER BID AWUDED. Mr. Rosland presented tabulation of two bids received for a Cushman Model 54779 Turf Truckster (1978 Model). Tabulation showed Cushman Motor Company low bidder at $4,222.75 and Industrial Supplies, Inc., at $4,475.00. Motion of Councilman Richards was seconded by Councilwoman Schmidt for award to Cushman Motor Company, recommended low bidder. Ayes : Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. 4 RADAR UNITS BID AWARDED. Mr. Rosland presented tabulation of two bids for four radar units showing MF'H Industries,Inc., low bidder at $519.50 each, with Kuston Signals, Inc. at $579.00 each. Councilman Richards' motion was seconded by Coun- cilwoman Schmidt for award to recornended low bidder, MPH Industries, Inc. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. RIDING TRIMMIEG MOWER BID AWARDED. Mr. Xosland presented tabulation of two bids for a riding, trimming mower showing Minnesota Toro, Inc., low bidder at $3,750.00, with R. L. Gould's & Company bidding $4,550.00. Councilman Richards motion for award to recommended low bidder, Toro, Inc., was seconded by Council- woman Schmidt. - Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. 1979/80 EDINA PARK & XECREATION DEPAXTMENT ACTIVITIES CALENDAR BID AIJARDED. Mr. Rosland presented tabulation of bids. for the 1979/50- Edina Park & Recreation Depart- ment Year Arour,d Activities Calendar showing Foss Printing low bidder at $5 , 786.00, and Carlson Printing at $6,627.10. Councilwoman Scfiinidt for. award to recommended. low bidder, Foss Printing. MotLon of Councilman Richards was seconded by Ayes: 3redesen, Richards, Schmidt, Ccurtney Nays: None Motion carried. TRAFFIC SAFETY CONMITTEE MINUTES OF FEBRUARY 20, 1973, REVIEWED. Councilwoman Schmidt's motion accepting Sections B and C of the Traffic Safety Comm4ttee Min- utes of February 20, 1979 and approving the following recommendations was seconded by Councilman Richards : 1. Iqstallation of a STOP sign at W. 73rd Streeet and Ohms Lane 2. Installation of a STOP sign at Olinger Blvd. and Colonial Way * r- . 2 /26 /79 Ayes : Brcdcsen, Richards, Schniid t ,. Courtney Nays: None Motion carried. Y.M.C.A. SUIT NOTED. against the City which has been referred to the insurance company and to the City Attorney. No action was taken. Plr. Rosland advised Couiicil of a suit brought by the Y:I.I;C;B. NRS. JACQUELINE BLEDSOE SUIT NOTED. Mr. Rosland advised Council of a'?%it which has been brought by Mrs. Jacqueline Bledsoe against the City. been referred to the City's- insurance companies and to the City Attorney. fdrmal action was taken. HOUSIRG AND PUBLIC INFOIUIATION MEETING DATE CHANGED TO APRIL 21, 1979. Rosland advised Council that the Housing and Public Information Meeting date has been changed from April 7, 1979, to April 21, 1979, as requested by the League of Women Voters. No formal action was taken. I The matter has No* Mr. 1978-80 LEAGUE OF ?fINNESOTA CITIES LEGISLATIVE PROGRAM DISCUSSED. Mr. Rosland called Council's attention to a memorandum which indicates the recommendations of the staff as to the League of Minnesota Cities' Legislative Program and asked the Council to let him know if there were certain areas in which they had a special, concern. advisag that he believes that any changes in employees' benefits should be a matter of employee/employer negotiations. SCHOOL DISTRICT BOUNDARIES DISCUSSED. tion requesting that Outlot A, Braemar Hills 9th Addition, be transferred from. the Eden Prairie School District 272 to Edina School District 273, along with other properties District. and was told by Blr. J2mes Atkinson, representing the property owners and the developer; tax base and allow Edina children to attend school in their own municipality. advised that the City was the only property owner that had not yet signed a getition. authorizing the City Nanager to sign the petition. Councilman Bredesen addressed the matter of group insurance, No formal action was taken. Council's attention was called to a peti- that are in the City of-Fdina but in the Eden Prairie School -_ douncilman Richards questioned the reasoning for signing the petition that the transfer will give the Edina School District an additional He I Councihgoman Schmidt's motion was seconded by Councilman Richards Ayes: Bredesen, Richards, Schmidt, Courtney Nays: . None Mot ion carried. .. . FIRE DEPARTBENT UNIOK' CONTRACT RATIFIED. Mr. Rosland 'advised ,Council that. the Fire Departmen2 has approved negotiations for their 1979-80 contract which call for an 8% increase increase in 1979 and a 6% increase in 1980, a clarification of the language in regard to injury on duty and a minor language alteration as far as who the City will permit time off to bargab and language perinitting certain association representatives to have access to the Fir.e Station at the discretion of the City. As recommended by Mr. Rosland, Councilman Bredesen's motion ratify: ing the contract was seconded by Councilwoman Schmidt. ' Rollcall : Ayes : B'redesen, Richards , .Schmidt, Courtney Nays: None Hotion carried. Councilman Bredesen expressed his concern that employer contribu- tions to hospitalization insurance contributes to increased insurance costs -and said that he believed that this policy should be reviewed in future years. CABLE TV NEEDS ASSESSMENT APPROVED. Mr. Kosland called Council's attention to the Cable TV Needs Assessment submitted by the Edina Cable TV Commission and recom- mended that the Council accept the report and authorize workiqg with other muni- cipalities to obtain an appropriate franchise. %olloving discussion, Council- . man Richards offered the following resolution approving the Needs Assessment. and moved its adoption: i -. .. I RESOLUTION - BE IT RESOLVED that the Edina City Council does hereby approve the Cable TV Needs Assessment as submitted by the Edina Cable TV Commission and directs that it be submitted to the Southwest Suburban CATV Commission for its review. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. 2/26/ 79 I 65 CICERO'S OF ET)INA, INC. , GRANTED ON-SALE 13EER LICENSE. Mr. Roslaiid presented the application of Cicero's of Edina, Tnc., for an On-sale Beer license by new owners of the establishment for the remainder of the license year. Councilwoman Schmidt's motion approving the license as approved by the Health and Poiice Departments was seconded by Councilman Richards. Rollcall : Ayes : Bredesen, Richards, Schmidt , Courtney Nays: None Motion czrried. CROSSTOWN HIGHWAY SAFETY MEASURES REQUESTED. Councilwoman Schmidt offered the following resolution and moved its adoption: WHEREAS, within the City of Edina borders on Hennepin County Highwa). 62 (Crosstawn Highway) within the past four years, four people have been killed and one police officer was struck by oncoming traffic, being saved from death only by a miracle; and WHEREAS, this high accident rate for the Crosstown Highway between T.H. 100 and Xerxes Ave. S. is of great concern to City of Edina officials; NOW, THEREFORE, BE IT RESOLVED that the Edina City Council reiterate its concern for the safety of this stretch of highway; and BE IT FURTHER RESOLVED that the speed limit for this stretch of highwzy be reduced to 50 miles per hour, that median barriers be installed to reduce crossover accidents, that guard raiis be installed in accident prone areas (especially where homes are nearby), that road surfaces be studied and surfaces repaired in the locations in which accidents have occurred and that the use of "Jersey" barriers be studied for all curved areas; and BE IT RESOLVED FURTHER that the Hennepin County Highway Department take the earliest possible action to implement these recommendations of the City of Edina to prevent further accidents on County Road 62. Motion for adoption of the resolution was seconded by Councilman Richards. RESOLUTION Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. SUBMISSION OF COIMUNITY DEVELOPMENT BLOCK GRANT AUTHORIZED. Hughes, Councilman Richards offered the following resolution and moved its adopt- ion : WHEREAS, the City of .Edina has executed a Cooperation Agreement with Hennepin County Agreeing to participate in the Urban Hennepin County Community Development Block Grant Program; and P WHEREAS, a three year Community Development Program and Housing Assistance Plan has been prepared consistent with the Comprehensive Urban Hennepin County Community Development strategy and the Community Development Program Regulations; and WHEREAS, the three year Community Development Program and Housing Assistance Plan has been subject to citizen review pursuant to the Urban Hennepin County Citizen Participation Plan ; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Edina does hereby approve the proposed three year Community Development Program and Housing Assistance Plan and acthorizes the appropriate execution of the application material and transmission to Hennepin County for consideration as part of the Year V Urban Hennepin County Community Development Block Grant Application. Motion for adoption of the resolution was seconded by Councilman Bredesen. As recommended by Mr. RESOLUTION Rollcall: Ayes : Bredesen, Richards , Schmidt , Courtney Nays: None Resolution adopted. LIQUOR STATEIGNT AS OF DECEMBER 31, 1978, was reviewed and ordered placed on file by motion of Councilman Bredesen , seconded by Councilman Richards. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Mot ion carried. CLAIIIS PAID. for payment of the following claims as per Pre-List: Park Fund, $6,592.98; Edina Art Center, $6,748.19; Park Construction, $11,417.77; Swimming Pool, $128.16; Golf Course, $1,886.62; Recreation Center, $36,069.78; Gun Range, $256.63; Water Works, $20,824.77, Sewer Rental. Fund, $4,769.87; Liquor Fund , $235,703.94; Total , $451,069.05. Motion of Councilman Richards was seconded by Councilman Bredesen General Fund, $126,670.34; 2 126179 66 ,- Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Notion carried. Council"s agenda having been covered, Councilwoman Schmidt's motion for 'adjourn- ment was seconded by Councilman Richards. Adjournment at 10:30 p.m. .I .. .. , -" .- .I