Loading...
HomeMy WebLinkAbout19790305_regularMINUTES OF THE REGULAR MEETING OF THE EDINA CITY COUNCIL HELD AT CITY HALL MARCH 5, 1979 Answering rollcall were members Bredesen, Richards, Schmidt and Courtney who served as Mayor Pro Tem in the absence of Mayor Van Valkenburg. 67 PUBLIC HEARINGS CONDUCTED ON PROPOSED IMPROVEMENTS. Affidavits of Notice were presented by Clerk, approved as to form and ordered placed on file. Due notice having been given, public hearings were conducted and action taken as herein- after recorded, all improvements proposed to be constructed under Plan C Developers Agreements : A. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROkTNENT NO. P-BA-2 35 IN THE FOLLOWING : Ewing Circle from W. 55th Street to cul-de-sac Mr. Rosland presented total estimated construction cost of $6,722.64, proposed to be assessed against 357.50 assessable feet at an estimated cost of $18.80 per assessable foot or against $1,344.52 per assessable lot. No objections being heard, Councilwoman Schmidt's motion authorizing the improvement was seconded by Councilman Richards. (See Resolution Ordering Improvement later in Minutes.) B. CONSTRUCTION OF PERMANENT STREET SUR33ACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-236 IN THE FOLLOWING: Berne Circle from Olinger Road to Cul-de-sac Mr. Rosland presented total estimated construction cost of $8,061.55, proposed go be assessed against 499.03 assessable feet at an estimated cost of $16.15 per assessable foot or against $1,151.65 per assessable lot. No objections being heard, Councilwoman Schmidt's motion authorizing the improvement was seconded by Councilman Bredesen. (See Resolution Ordering Improvement later in Minutes.) C. CONSTRUCTION OF STREET SURFACING AND CONCRETE CURB AND GUTTER IFPROVEMENT NO. P-BA-237 IN THE FOLLOWING: Eimerick Drive in Brookview 'Heights 5th Addition Mr. Rosland presented total estimated construction cost of $31,944.12, proposed to be assessed against 1,621.38 assessable feet? at an estimated cost of $19.73 per assessable foot or against $1,777.45 per assessable lot. heard, Councilman Richards' motion authorizing the improvement was seconded by Councilman Bredesen. D. No objections being (See Resolution Ordering Improvement later in Minutes.) CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCXETE CURB AND GUTTER IMPROYEMENT NO. P-BA-238 IN THE FOLLOWING: Willow Wood Raid from Brinwoods Estates to West line of Lot 4, Block 3, Larada Larada Lane from North line of Parkwood Knolls Addition to Willow Wood Road Lane Mr. Rosland presented total estimated construction cost of $35,024.75, proposed to be assessed against 1,605.19 assessable feet at a cost of $21.82 per assess- able foor or against $2,918.73 per assessable lot. Mr. Hoffman advised that Lot 1, Block 1 and Lot 1, Block 2, Parkwood Knolls 14th Addition had not been included in the project, but that he would contact owners to see if they wished to have thsir road constructed at this time. perties could be added to the project at a later time. No objections were heard, whereupon Counci.lman Richards offered the following resolution and moved its adopgion, with the understanding that Mr. Hoffman notify the owners of Lot 1, Block 1, and Lot 1, Block 2, ParkJood Knolls 14th Addition, so that they will have an opportunity to be included izl the improvement: He suggested that these two pro- RESOLUTION ORDERING STREET IMPROVEMENTS NUMBERS EA-235, BA-236, BA-237 AND BA-238 BE 1T.RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, that this Council heretofore caused notice of hearing to be duly published and mailed to owners of each parcel within the area proposed to be assessed on the following proposed improvements : 1. CONSTRUCTION OF PEPPANENT STREET SURFACING AND CONCRETE CURB AND GUTTER Ewing Circle froin W. 55th Street to Cul-de-sac CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER IMPROVEMENT NO P-EA-236 IN THE FCLLOWING: Berne Circle from Olinger Road to Cul-de-sac IMPROVEMENT NO. P-BA-235 IN THE FOLLOWING: 2. 3. CONSTRUCTION OF PERMANENT STREET SURFACING AND CONCRETE CURB AND GUTTER ' IMPROVEMENT NO. 5'-EA-237 IN THE FOLLOiJING: Limerick Erive in Brookview Heights 5th Addition CONSTRUCTION OF PERMANENT STREET SURFACING RND CONCRETE CURB AND GUTTER IMPROVEMENT NO. P-BA-238 IN THE FOLLOWING: 4. Willow Wood Road from Brinwoods Estates to West line of Lot 4, Block 3, Parkwood Knolls 20th Addition Larada Lane from North Line of Parkwood Knolls Addition to Willow Wood Road and at the hearing held at the time and place specified in said notice, the Council has duly considered the views of all persons interested, and being fully advised of the pertinBnt facts does hereby determine to proceed with the 3/5/79 i- 68 >. . :> . -%-.** ' -.-. construction of said improvements including all proceedings which may be neces- sary in eminent domain for the acquisition of necessary easements and rights for construction and maintenance of such improvements; that said improvements are hereby designated and shall be referred to in all subsequent proceedings as follows: c No. 1 Above STREET IMPROVEMENT NO. BA-235 No. 2 Above STREET IMPROVEMENT NO. BA-236 No. 3 Above STREET IMPROVE>lENT NO. BA-237 No. 4 Above STREET 'IMPROVEMENT NO. BA-238 and the area to be specially assessed for Street Improvement No. BA-235 above shall include Lots 1 thru 5, Block 1, \\roodbury Park 2nd Addition; and the area to be specially assessed for Street Improvement No. BA-236 above shall include Lots 1 'thru 7, Block 1, Deckas Addition; and the area to be specially assessed for Street Iwprovement No. BA-237 above shall include Lots 1 thru 18, Block 1, Brookview Heights 5th Addition; and the area to be specially assessed for Street Improvement No. BA-238 shall include Lots 1 and 2, Block 1; Lots 1 thru 4, Block 2; Lots 1 thru 4, Block 3; Lots 1 and 2, Block 4, all in Parkwood Knolls 20th Addition., Motion for adoption of the resolution was seconded by Councilwoman Schmidt. I Rollcall : &yes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. . . WP-TV APPEAL FROM BOARD OF APPEALS AND ADJUSTMENTS DECISION DENIED. recalled that the appeal of KlfSP-TV from a decision of the Board of Appeals znd Mr. Hughes Adjustments denying-;heir request for a 100 foot antenna height variance for their property at 6975 York Ave. S. had been continued from February 26, 1979, so that Dr. DuBois would have an opportunity, to study KMSP-TV's statement and so that the question of the mass of the tower can be studied by the staff, KEISP-TV and Dr. DuBois. Mr. Donald Schwartz, President of KMSP-TV, made the following statements relative to the request for the variance: 1. 2. .. 3. -. 4. That KMSP-TV has requested the variance in order-to provide a better signal for their viewers; That financial savings have not entered into the reasons for their request; That KMSP-TV does not question Dr. DuBois, but they do question his rationale regarding their needs which are caused by satellite transmission; That RMSP-TV takes exception to decision making by Dr. DuBois inasmuch as he was the co-author of Ordinance No. 812. Nr. Daniel Rieder, Communications Engineering Consultant retained by KMSP-TV, responded to the technicalities of Dr. DuBois letter of March 5, 1979, emphasizing particularly that no broadcast engineer would ever elect to have a dual-hop trans- .mission rather thm a single-hop system. be obstructed due to construction of the Pillsbury Building being built in the present path between the Foshay Tower and the Shoreview transmitter site. Mr., Elmer Smith of XNSP-TV s5id tIyt the station is not able to provide as good color performance as it would have if the variance would be permitted. KMSP-TV officials pointed out that independent stations must be more aggressive inasmuch as they must depend on their own resources. Dr. DuBois said that he has heard nothing which would cause him to change his mind. Mr. King of IUIISP-TV said that he had always thought that a consultant should be independent, but that is not - .the case since Dr. DuBois co-authored Ordinance No. 812. He asked why they were expressed concern that over the years to come the impact of an denial would mean that DiSP-TV's competitive edge will be lost in program quality and program con- tent, and reiterated that it will be a real hardship not to be able to compete with other commercial stations. Council was advised that the only alternative . is to put up "dishpans" which will not be as aesthetically pleasing as the pro: posed tower. He stated that he believes that it is good to give the networks . compeition and also stated that he questioned some of Dr. DuBois' statements. Councilman Sredesen moved that the variance be granted. The motion died for lack of a second. its adoption: BE IT RESOLVED by the Edina Ci$y Council that the request for a 100 foot antenna height variance for BGP-TV be denied for the following reasons: He said that the microwave signal will *not told in fhe beginning that a variance would probably not be granted. Mr. King I Councilwoman Schmidt then offered the following resolution and moved RESOLUTION 1. 2. -. 3. 4. I .The variance would not correct, and is not needed because of unique circumstances applicable to vicinity or zoning district. The variance would not preserve a substantial property right possessed by other property in the vicinity and zoning district. The variance would cause visual palution and would be detrimental to the public welfare and be injurious to other property in the vicinity. No hardship exists. the property that was not applicable to other property in the -. * 3/5/79 Motion for adoption.of the resolution was seconded by Councilman Courtney. Rollcall : ' Ayes : Richards, Schmidt , Courtney Nays: Bredesen Reso lu t ion adopted . Representatives of mlSP-TV were told that if their signals are not good after they have made their modifications, that they should come.back to the Council. Schwartz said that by that time they would already have spent $250,000. Mr. PAT MOORE'S FIRST ADDITION PLAT APPROVAL DENIED BASED ON FINDINGS OF FACT. Hughes recalled that Pat Moore's First Addition preliminary plat had been continued from the meeting of February 26, 1979, so that the staff could develop Findings, Decisions and Reasons. Mr. James Daniels, attorney representing the developer, pointed out that the subdivision would meet all ordinance requirements, that a single family dwelling would be constructed on the newly created lot, the tax base of the City will be increase5 and that the lots across the street are only 1/3 the size of the lots proposed for the subdivision, and that the character of the neighborhood will not be distmVed. Mr. Hal Chamberlain, representing the Moores, recalled that the drive for the proposed-lot would come in from Arrowhead Pass and that.had been one of the factors considered in the recommendation for Mr. approval of the plat. gentleman living at 6900 Indian Hills Road, Messrs. Thomas Ries, 6600 Sally Lane, and J. R. Geiger, 6620 Indian Hills RQad. Mrs. Marilyn Haugen, 6612 Indian Hills Road, recalled that at the time the Ratelles wanted their lot divided at 6716 Arrowhead Pass, the neighbors objected and the Ratelles had dropped their request. Councilwoman Schmidt also offered as a precedent the fact that the requekt of the NcCauley's for a lot division had been denied. that the preliminary plat be denied b2sed on the following findings, decisions and reasons: 1. The Proponent, on December 29, 1978, submitted an application for subdivision (the "Proposed Subdivision") for a 54,448 square foot tract of land located in the Northeast quadrant of Indian Hills Road and Arrowhead Pass. This tract of land (the "Subject Property") is a platted lot and is described as Lot 2, McCauley Heights First Addition which was platted in 1954. ing is located on the West central portion of the Subject property. 2. The Proposed Subdivision delineated two R-1 single family dwelling lots. Lat 1 of the Proposed Subdivision measured 39,162 square feet in the area and would serve as the lot for the existing single family dwelling on the Subject Property. Lot 2 of the Proposed Subdivision measured 15,286 square feet in area and would constitute a newly created buildable lot. 3. The Edina Community Developlnent and Planning Commission reviewed the Proposed Subdivision at its January 31, 1979, meeting. Pursuant to applicable ordinances, no notice of the meeting was given, but signs were posted by the Proponent on the Subject Property advising of the Proposed Subdivision. Also , the meeting agenda was mailed to local neighborhood groups in the vicinity of the Subject Property. No property owners appeared at this meeting to testify for or against the Pro- posed Subdivision. The Commission recommended to the City Council that the Pro- posed Subdivision be approved conditioned upon payment of a subdivision dedication prior to the final plat approval. 4. On February 26, 1979, the City Council conducted a public hearing and received the report and recommendation of the Community Development and Planning Commission regarding the Proposed Subdivision. cedure, notice of the meeting was given by mailing notices to all property owners within 200 feet of the Proposed Subdivision. ordinance, notice of the meeting was published in the Official Newspaper of the City. At said hearing, six property owners residing in the vicinity of the Sub- ject Property testified in opposition to the Proposed Subdivision. Two property owners submitted letters in opposition to the Proposed Subdivision. No property owners testified or submitted letters in favor of the Proposed Subdivision. Among the issues presented by the surrounding property owners in their testimony were : Speaking in opposition to the proposed plat were the - _- Councilwoman Schmidt then moved An existing single family dwcll- . Pursuant to administrative pro- Pursuant to applicable a) property owners have relied upon the present platting of the area and the presumption that existing platted lots would not be further sub- divided. excessive numbers of trees would have to be removed in order to develop Lot 2 of the Proposed Subdivision. approval of the Proposed Subdivision would establish an undesirable pre- cedent which would encourage further subdivision of platted lots in the area thereby undesirably altering the Character of the neighborhood. the orientation of the new dwelling on Lot 2 of the Proposed Subdivision would be incompatible with an existing dwelling on the abutting lot (Lot 1, McCauley Heights First Addition). the neighboring properties would be depreciated in value by all-owing the Proposed Subdivision. 3/5/79 .. .. The-Cit'y Council thereupon continued the public hearing on the Proposed Subdivi- Edina Zoning Ordinance No. 811, the Zoning Ordinance of Edina, imposes the - .- sion to March 5, 1979. 5. following minimum standards for single family dwelling lots: . *e. Minimum Lot Area - 9,000-square feet Efinimum Lot Width - 75 feet Minimum Lot Depth - 120 feet The dimensions and areas of Lots 1 and 2 of *the Proposed Subdivision exceed the aforementioned standards. Therefore, the Proposed Subdivision coinplies with the Zoning Ordinance of Edina. the Proposed Subdivision complies with all setback and lot coverage standards imposed by the Zoning Ordinance. 6. ing platted lots is approximately 26,000 square feet (excluding that portion of platted lots lying within the bed of Arrowhead Lake). The average lot size within the 1,000 foot radius and North of Indian Hills Road was found to be approximately 51,000 square feet. of Indian Hills Road was approximately 18,000 square feet. 7. Edina Ordinance No. 801, the "Platting Ordinance", states that the Council, in approving plats, shall consider among other things the suitability of plats from the standpoint of community planning. 8. Prior to the public hearing on March 5, 1979, Edina Council Members A. Charles Furthermore, the existing dwelling located on Lot 1 of I Within a 1,000 foot radius of the Subject Property, the average siza for exist- The average lot size within the 1,000 foot radius and South . Bredesen, 111, ally inspected . . : Therefore, the following C.-Wayne Courtney, Frederick S. Richards and June A. Schmidt person- the Subject Property and surrounding neighborhood. based on the foregoing findings, the City Council does hereby make DECISION The Application for the Proposed Subdivision entitled Pat Moore Ffrst Addition is hereby denied. . A. Lot 2 of the Proposed Subdivision is substantially smaller than the average lot size in the vicinity of the Subject Property ad therefore would be detrimental Indian Hills Road clearly and demonstrably forms a logical dividing line in the The above decisionis made for the following REASONS 'to the character and symmetry of theneighborhood. -vicinity of the Subject Property*between large lot subdivisions to the NGrth (i.e. average 51,000 square foot lots) and subdivisions with relatively small lots (Le. average 18,000 square foot lots) to the South. The Subject Property, located on the North side of Indian Hills Road, presently measures 54,448 square feet in area, thus approximating the average lot size should be maintained as it is presently platted. C. Property owners in the vicinity of the Subject Property should have the right tu rely on the filed plat entitled McCauley Heights First Addition and should rightly presume that any modification or replatting of said plat will be suitable and compatible with surrounding properties. D. have a detrimental effect on the existing dwelling on the lot abutting on the Zast: (i.e. Lot 1, McCauley Heights First Addition). I L- B. the area and therefore The orientation of a new dwelling on Lot 2 of the Proposed Subdivision would * E. The approval of the Proposed Subdivision could establish a precedent encour- : aging the replatting of lots in areas adjoining the Subject Property which would adversely altFr the character and symmetry of the surrounding neighborhood. Motion for adoption of the resolution was seconded by Councilman Richards. Rollcall: Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. d EDINA OFFICE CEKCER GUNTED FINAL PLAT APPROVAL; ORDINANCE NO. 811-A122 GRANTED SECOND READING. PUBLICATION TO BE WITHHELD. Elr. Hughes presented the request of Rauenhorst Corporation for final plat spproval for Edina Office Center and Second Reading of Ordinance Xo. 811-A122 for- property located at the Southwest quadrant of W. 76th Street and France Ave. from R-1 Residential District to,PID Planned Industrial District. Hevadvised that he had met with the developer who plans to plat the property into three lots. He explained that the basic concept of this plan is the realignment of the North frontage road of 1-494 from its present location to the Northerly lot line of the drive-in theater and the South- erly lot line of the subject property. He added that a future objective would be .to close the existing median cut at France Ave. and I?. 77th Street extended, as well as to remove the present intersection of the Frontage Road and France Avenue, and would, hopefully, reduce traffic congestion at France Ave. and Interstate Highway 494. Xr. Hughes said that a secondary concept of the plan connecting W- 77th Street to the realigned Frontage Road should provide some relief to the 3/5/79 intersection at 76th Street and France Avenue and provide an improved internal circulation System for the iadrrstrial, office and commercial developments in the area. Mr. Hughes advised that the developer is dedicating to the City a 40 foot wide shreet and utility easement across the Southern portion of the property, and that the Southerly 40 feet will be dedicated by the City of Bloomington at the time the Mann Drive-In Theater is redeveloped to provide the land for the Frontage Road on the North side of Interstate 494 off of France Ave. oper is also providing a 60 foot wide roadway easement for the purpose of con- inecting W. 77th Street with the new Frontage Road. He explained that the ease- ment agreement specifies that the developer may use the 60 foot easement for parking purposes until such time as the City is prepared to use it for roadway purposes. no cost to the City and Rauenhorst Corporation and other property owners must then maintain and establish the regular parking setbacks and landscaping that would be norinally required. ' yet been received from the City of Bloomington. Mr. Hughes then advised that the second major point of the agreement is that the City of Edina or the City of Bloomington must obtain the Southern leg of the Frontage Road system at least three years after the date of the final approval of the redevelopment of the Mann Drive-In Theater property. Mr. Hughes added that the developer would like to have an opt out if the easements are not obtained from Bloomington. He advised that the City has received final hard shells and linens for the plat as well as a subdivision dedication check in the amount of $28,112.00. Mr. Erickson com- mented that the easement which is being granted the City by the developer also grants a ponding easement in the Southwest corner of Lot 3 and access to use it until the streets are constructed. He was advised by Mr-. Hughes that that easement, along with a petition for sanitary sewer along France Ave had not been received as yet. Mr. Erickson said that, while the petitian states that the developer is the owner of Lots 1, 2 and 3, in a separate letter they state that they do not believe that Lot 3 will be served by that sanitary sewer and they do not intend by the petition to admit that face. Mr. Erickson expressed concern that if the City intends to assess Lot 3, the developer may contend that Lot 3 is not bene-. fitted and reserve their rights on that point. In,response to a question of the Council, Mr. Erickson said that it might be possible to have a joint powers agree- ment with the City of Bloomington whereby they could conduct an improvement hear- ing and then assess the properties on their side of the road. Councilman Richards then offered the following resolution and moved its adoption: The devel- At that time, the City may remove all improvements on the easement at Concern was expressed that no right-of-ways have as' * 'I ' P < 5 P b I - RESOLUTION I BE IT RESOLVED that that certain plat known as Edina Office Center, platted by The Northwestern Mutual Life Insurance Company, a Wisconsin Corporation, and presented for final approval at the Edina City Council Meeting of March 5, 1979, be and is hereby granted final approval, subject to receipt of the executed ease- ment and the sanitary sewer petition. Motion for adoption of the resolution was seconded by Councilwoman Schmidt. Rollcall : Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Resolution adopted. Councilman Richards thereupon offered the following ordinance for- Second Reading, with the understanding that publication be withheld pending receipt of the sani- ' . tary sewer petition and executed easement: ORDINANCE NO. 811-A122 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE PLANNED INDUSTRIAL DISTRICT THE CITY COLTCIL OF EDINA, MINNESOTA, ORDAINS: amended by addhg the following thereto: of the following property: . Section 1. "The extent of the Planned Industrial District is enlarged by the addition Paragraph 2 of Section 10 of Ordinance 811 of the City is Tract I, Registered Land Survey No. 1129." Sec. 2. This ordinance shall be in full force and effect upon its passage , and .publication. Motion for adoption of the ordinmce was seconded by Councilwoman Schmidt. Rollcall : Ayes : Bredesen, Richards , Schmidt, Nays: None Resolution adopted. ATTEST : 3/5 / 79 72 SOUTIIWEST, SOUTH .iND WESTERN EDINA PLAN AllENDNDNT CONTINUED INDEFINITELY AND REFERRED BACK TO THE COElllUNITY - DEVELOPMENT AND -- PLANNING COkDl'ISSION . presented the Southwest , South and Western E{ina Plan Amendment , which amendment had been continued from the meeting of December 4, 1978. Hughes, Councilwoman Schmidt's motion was seconded by Councilman Richards, 'continu- ing the hearing indefinitely and referring the matter back to the Community Devel- opment and Planning Commission until such time as the revised comprehensive plan is presented for hearing. Mr . Hughes As recommended by Mli. Ayes : Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. 4 I - PLANNED RESIDENTIAL DISTRICT ORDINANCE AMENDMENT CONTINUED INDEFINITELY AND REFERRED BACK TO C0N"ITY DEVELOPMENT AND PLANNING COFfMISSIOM. Mr. Hughes, Councilwoman Schmidt's motion was seconded by Councilman Richards, continuing indefinitely the Planned Residential District Ordinance Amendment and referring the matter back to the Ccmmunity Devel opment and Planning Commission until such time as the revised comprehensive plan is presented for hearing some time in the future. As recommended by Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion czrried. + PRELIHINARY REGISTERED LAND SURVkY FOR HALLA ENTERPRISES HEARING DATE SET. recommended by Mr. Hughes, Councilman Richards' notiori was seconded by Councilman Bredesen, ketting hearing date for Ealla Enterprises Registered Land Survey, gen- erally located South of Eden Ave., West of Willson Road and East of T.H. 100, for March 19, 1979. Ayes : Nays: None Motion carried. As Bredesen; Richards, Schmidt, Courtney COLONIAT, CHURCH ON-STREET PARKING PROBLEMS DISCUSSED. Council's attention was called to a letter from3ir. Burt Larson, 6252 Sandpiper Court, objecting to the fact that cars are being parked on Olinger Blvd. during church services at the new Colonial Church of Edina, despite the fact that "the church assured the Council and neighbors there would be no parking on Olinger". Mr. Larry Laukka, represent- ing Colonial Church, said that the church had agreed that every attezopt would be made to take care of parking needs on the church property and on Colony Way so that it would not be necessary to park'on OLinger. ing lot was designed to hold 220 cars.. There is'also.parking-space for an __ additional' 110 cars in an auxiliary parking lot on-the East side of the church and along Colony Way, neither of which has yet been paved. Mr. Laukka added that, except for the time when the unpaved parking lot and Colony Way will be soft dur- ing the spring thaw, it will not be necessary to use Olinger Blvd. except for special times such as Easter and Christmas. He explained that, as agreed, the church has not yet installed pews in the balcony and that there will be bussing .- .from Oountryside School as long as necessary. Mr. Laukka also advised that there are parking 1ot.attendants at each service. He referred also to a schedule which is being tried which may need to:be revised. 'a.m. and had found 18. cars which were legally parked on Olinger Blvd. Hanager was then requested to write to Hr. Larson to explain the situation and to emphasize the concern that more cars would be parking on Olinger during March and April when the frost will be coming out of the ground and when the auxiliary parking lot cannot be used. to Mr. Larson. No formal action was taken. I ~ He recalled.that the main park- Sergeant Lowell Holman said that .- t3e Edina PoIice Department had'surveyed the problem on March 4, 1979, at 11:25 The City , Mr. Laukka agreed that the church would also write BIDS AWARDED FOR NUMEROUS PERMANENT STREET SURFACING AND CONCRETE. CURB AND GUTTER DPROVEMENTS. to Advertiserent for Bids for Permanent Street Surfacing and Concrete Curb and Gutter Improvemeats Nos. BA-210A, BA-230, BA-231, BA-232, BA-233, BA-234, BA-235, BA-236, BA-237 and BA-238. Tabulation showed Bury & Carlson, Inc., low bidder at $199,744.33 and Minnesota Valley Surf acing at $230,30 1.15. Councilman* Rich- zrds motion for award to recornended low bidder, Bury & Carlson, Inc., was seconded by Councilwoman Schmidt. I Mr. Rosland presented tabulation of two bids received in response Ayes: Bredesen, Pichards, Schmidt,' Courtney .. Nays:. None Motiqn carried. -WATEP, CONTROL PIPING AND DREDGING FOR BRAEMAR PONDS BID AWAR3ED. Mr. Rosland pre- sented tabulation of two bids received for water control piping and dredging for ponds at Braemar and 370 feet of piping and dredging. Tabulatlion shoved Matt 3/5/79 73 Bullock Contracting Co., low bidder at $4,340.00 and Veit & Company at $5,830.00. Morion of Councilman Richards for award to recommended low bidder, Matt Bullock Contracting Co., was seconded by Councilwoman Schmidt. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. RIDING GREENSMOWER BID AWARDED. Mr. Rosland presented tabulation of two bids 'for a riding greensmower showing Minnesota Tor0 lot bidder at $4,750.00 (with trade) against bid of Goulds for $4,786.00 (with trade). Richards was seconded by Councilwoman Schmidt for award to recommended low bidder, Minnesota Toro. Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Motion carried. Motion of Councilman 9 BATTERIES FOR GOLF CARS BID AWARDED. Mr. Rosland presented tabulation of three bids for lease of 180 replacement batteries for electric golf carts at Braemar Golf Course. Tabulation showed Cushman Motor at $4,095.00, Battery Warehouse at $4,447.80 and Grant Battery at $4,700.00. Councilman Richards' motion for award to recomniended low bidder, Cushman Motor, at $4,095.00 (including trade in) was seconded by Councilwoman Schmidt. Ayes : Bredesen, Richards , Schmidt , Courtney Nays: None Mot ion carried. CABLE TV NEEDS ASSESSMENT ACCEPTED. Mr. Rosland presented the Cable TV Needs Assessment submitted by the Cable TV Commission and recommended its adoption. Mr..John Cairns, attorney for.Northern Cablevision, explabed to the City Council the that Mr. Campbell lay out a time schedule for use of the Council. Mr. Rosland said that the City would continue to cooperate with other municipalities in an effort to develop a joint powers agreement. procedure for determining and awarding a Cable TV franchise, and suggested Councilwoman Schmidt's motion that the Cable TV Needs who requested that Ayes : Bredesen , Nays: None . Motion carried. Assessment be accepted v7as seconded by Councilman Bredesen the staff proceed as quickly as possible. Richards, Schmidt, Courtney I METRrlPOLITAN TRAESIT COMMISSION COOPERATIVE SHELTER AGREEMENT APPROVED. Mr. Hoffman called Council's attention to an agreement proposed by the Metropolitan Transit Commission for its 1979 passenger waiting shelter project whereby the installations can be installed at.locations which do not meet MTC guidelines, advising that the participation share of the city will be approximately $300 to $500. for the one location which does not meet the guidelines. The agreement also calls for .routine maintenance by the City, including litter pickup, .snow removal, .weed. and grass control in the vicinity of the shelter and window clean-. ing. Any structural repairs to the shelter would remain the responsibility of the MTC. is considering getting an outside firm to pay for bus.shelters and then put up advertising which would generate revenue for the City. Mr. Hoffman said that he believes that Minneapolis and MTC are working on thi? together but that the City of Edina has not been approached with any such plan. offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council authorize the Mayor and City Manager to enter into 1979 Passenger Waiting Shelter Project Cooperative Agreement with the Metropolitan Transit Commission. Motion for adoption of the resolution was seconded by Councilman Bredesen. Councilman Bredesen referred to the fact that the City.of Minneapolis Councilman Richards then RESOLUTION Rollcall : Ayes : Bredesen , Richards , Schmidt , Courtney Nays: None Resolution adopted. EMERGENCY HEALTH FUNDING DISCUSSED. lent report of the Fire Department and noted the substantial increase in the nun- Councilwoman Schmidt referred to the excel- ber of emergency activities. advised her that the Health Committee of which she is a member has voted a siz- able increase to the Community Health Services, Councilwoman Schmidt mentioned also that she had received a Metropolitan Health Systems Plan that has just cone out from the Metropolitan Council in which an Emergency Medical Program is pro- posed similar to programs of Edina and St. Paul which should go into effect throughout the rest of the State. No action was taken. She added that Representative Mary Forsythe had 3/5/79 J) FJATE~~IN~INPROVEMENT NO. WM-127 CONNECTION CHARGE APPROVED FOR LOT 1, BLOCK 1, KIICHLI'S ADDITION. As recommended by Mr. Rosland, Councilman Bredesen offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council does hereby authorize the assessment of the connection charge for Natermain Improvement No. WM-127 in the amount of- $642.60 to be levied against Lot 1, Block 1, Kiichli's Addition over a six year period at the rate of 6%, starting in 1981. . Motion for adoption of the resolution was seconded by Councilman Richards. RESOLUTION Rollcall : * Ayes: Bredesen, Richards, Schmidt, Courtney Resolution adopted. I . Nays: None . FOLKE VICTORSEN TITLE PROBLEM DISCUSSED. Mr. Rosland advised Council that Nr. Folke Victorsen has discovered, in buying the property from the Church, that a three foot difference in the metes and bounds description exists, causing a title problem. Mr. Erickson recalled that one of the conditions imposed by the Council at the time the plat was approved was that Mr. Victorsen must become the owner of all the property he was to acquire from the church. mition was! seconded by Councilwoman Schmidt that the City Manager tell Mr. Vict- orsen to have commitments for the, City's pratection drawn up in writing which the Council will evaluate after it has had an adequate time to study the codt- ments . Councilman Richards' Ayes: Bredesen, Richards, Schmidt, Courtney Nays: None Mot ion carried. CLAIMS PAID.' Motion of CounciFwoman Schmidt was seconded by Councilman Bredesen for payment of the following claims as per Pre-List: Park Fuid, $2,665.67; Edina Art Fund, $352.38; Park Construction, $845.00; Swim- ming .Pool, $414.94; Golf Course, $328.35; Recreation Fund, $1,077.20; Waterworks, $3,125.58; Sewer Fund, $203.84; Liquor Fund, $45,004.52; Construction, $18,319.74; Total, $89,230.54. General Fund, $16,893.32; Ayes: Bredesen, Richards, Schmidt, Courtney I . 'Nays: None ' Motion carried. Council's agenda having been covered, Councilwoman Schmidt's motion for adj oum- nent wiis seconded by Councilman Richards and carried. Adjournment at 9:30-p.m.