Loading...
HomeMy WebLinkAbout19790402_regularMINUTES OF THE REGULAR MEETIRG OF THE EDINA CITY COUNCIL HELD AT CITY HALL APRIL 2, 1979 ' Answering rollcall were members Bredesen, Courtney, Richards and Mayor Van Val- 6- kenburg. Present also were Mr. Homer Kinney of the Advisory Health Committee and Mrs. Leslie Turner and Mr. Ray O'Connell of the Human Relations Commission. MINUTES of March 19, 1979, were approved as presented by motion of Councilman Courtney, seconded by Councilman Richards. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Motion carried. STORM SEWER IMPROVEMENT NO. B-ST.S-161 CONTINUED TO APRIL 16, 1979. Being advised by Mr. Hoffman that inadequate notices had been sent out for Storm Sewer Improvement No. P-ST.S-161, which hearing had been continued from February 5, 1979, Councilman Courtney's motion continuing the hearing further to April 16, 1979, was seconded by Councilman Richards and carried. thereupon offered the following resolution and moved its adoption setting April 16, 1979, as the new hearing date for Storm Sewer Improvement P-ST.S-161: Councilman Courtrrey RESOLUTION PROVIDING FOR PUBLIC HEARING ON CITY STORM SEWER AND APPURTANCES NO. P-ST .S .-161 a PI 0 a a 0, 1. The City Engineer, having'submitted to the Council a preliminary report as to the feasibility of the proposed Storm Sewer described in the form of Notice and as to the estimated cost of such improvements, said report is hereby approved and directed to be placed on file in the of"' lice of the City Clerk. 2. This Council shall meet on Monday, April 16, 1979, at 7:OO p.m. in the Edina City Hall, to consider in public hearing the views of all persons inter- ested in said improvements. 3. time, place and purpose of said meeting to be published in the official nevs- paper once a week for two successive weeks, the second of which publication is to be not less than three days from the date of said meeting, and to mail notice to all affected properties in substantially the following form: of Hearing set forth below, I 1 The City Clerk is hereby authorized and directed to cause notice of the CITY OF EDINA 4801 W. 50TK STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING STORM SEWER IMPROVEMENT NO. P-ST.S-161 EDINA CITY COUNCIL will meet at the Edina City Hali, 48.01 W. 50th Street, April 16, 1979, at 7:OO p.m. to consider the following proposed improvement to be constructed under the authority granted by Minnesota Statutes, Chapter 429. approximate cost of said improvement is estimated by the City as set forth below: ESTIMATED COST STORM SEFJER IMPROVEMENT NO. P-ST .S-161 $387,438.36 The area proposed to be assessed for the cost of the STORM SEWER, Iaprovement No. P-ST.S-161, includes all the area commencing at the Northwest corner of Lot 20, Block 10 South Harriet Park Add'n., Thence Easterly along the North line of said Lot 20 a distance of 60'; Thence Southerly parallel to and 60' East of the East line of Wooddale Ave. to the South line of Lot 18, Block 11, South Harriet Park Add'n; Thence East to the Southeast corner of said Lot 18; Thence Southerly to the Southeast corner of Lot 11, Block 11, South Harriet Park Add'n; Thence Easterly 62 feet along the North line of W. 56th Street; Thence Southwesterly to a point in the North line of Lot 8, Block 2, Colonial Square Add'n, said point being 76' East of the Northwest corner thereof; Thence Southerly, Southeasterly and Easterly thru the center of Lots 8 thru 3, Block 2, Colonial Square to the East line of said Lot 3; Thence Southerly along the East line of said Lot 3 to the North line of Lot 9, Colonial Grove Add'n; Thence Westerly along the North line of said Lot 9 a distance of 35'; Thence Southerly ar rigat angles a distance of 70'; Thence Southwesterly to the Southwest corner of said Lot 9; Thence South- erly along the West line of Lot 10, Colonial Grove Add'n. a distance of 30' South of the Northwest: corner thereof; Thence Southeasterly to a point 65' East of the West line and 52.5' North of the South line of said Lot 10; Thence Southerly to a point in the South line of Lot 11, Colonial Grove Add'n. said point being 65' East of the Southwest corner thereof; Thence Southeasterly to the Southeast corner of Lot 12, Colonial Grove Add'n; Thence Easterly along the South line of said Lot 12 and the South line of Lot 21, Colonial Grove 2nd Add'n. to the center line of Oaklawn &e. extended North; Thence Southerly along the Northerly extension of the center line of Oaklawn Ave. to the South line of W. 58th Street; Thence West- erly to a point in the North line of Lot 24, Block 3, Fairfax Addition said point t The . I 4/2/79 .. f-' , being 67' West of the East line of said Lot 24; TIicnce Southerly to a point in the South line of Lot 16, Block 3, Pairfax Add'n, said point being 67' West of the East line of said Lot 16; Thence Westerly to the Southwest corner of Lot 9, Block 4, Fairfax Add'n; Thence Southerly along the center of Block 4, Fairfax Add'n. and its extension to the center line of W. 59th Street; Thence Northwesterly to a point in the South line of Lot 13, Block 5, Fairfax Add'n. said point being 40' West of West of the Southeast corner of said Lot 13; Tbence Northwesterly to the Northwest corner of Lot 16, Block 6, Fairfax Addition; Thence Southwesterly to the Southwest comer of Lot 12, Block 7, Fairfax Addition; Thence Westerly along the North line of W, 59th Street to the center line of Ashcroft Ave.; thence Southerly along the center line of Ashcroft Ave. to the centerline of W, 60th Street; thence Southwest- erly to the Southeast corner of Lot 5, Block 2, Virginia Ave. Addition; Thence Westerly to the Southwest corner of said Lot 5; Thence Southerly along the East line of Lot 12, Block 2, Virginia Ave. Addition to the Southeast corner of said Lot 12; Thence Westerly to the Southwest corner of said Lot 12; Thence \?esterly to the Southeast corner of Lot 5, Block 1, Virginia Ave. Addition; Thence TJeSterlY to the Southwest corner of said Lot 5; Thence North along the West line of said Lot 5 to the Southeast comer of Lot 12, Block 1, Virginia Ave. Addition; Thence Westerly to the Southwest corner of said Lot 12; Thence Northwesterly to a point in the East line of Lot 2, Block 1, Code's First Add'n. said point being 10' South of the Northeast comer of said Lot 1; Thence Northerly along the East line of said Lot 2 and its extension to the North line of W. 60th Street; Thence West dong the North line of W. 60th Street to the East Right of Way line of State Hwy. 100; Thence North along the East Right of Way line to the Northwest comes Of Lot 8, Block 2, School Manor Addition; Thence Northeasterly to a point on the West line of Lot 4, Block 2, School Manor Addition said point being 40' South of the Northwest comer thereof; Thence East parallel to the North line of said Lot 4; Thence Northeasterly to the Northeast corner of said Lot 4; Thence Northeast- erly to the Northwest of comer of Lot 1, Block 1, School Manor; Thence North on an extensian of the East line of Ruth Drive, a distance of 300'; Thence North- westerly to a point 700' North of the centerline of W. 59th St. and 235' East of the East Right of Way line of: State Highway 100; Thence Nest parallel to the center line of W. 59th St. to the East Right of T?ay line of State Highway 100; Thence North along the East Right of Way line of State Highwsy 100 to a point 115' South of the North line of Lot 3, Block 1, Golf Terrace Heights; Thence Northeasterly to the Northeast corner of said Lot 3; Thence Northwesterly to a poiot 270' North of the South line and 170' East of the West line of Section 18, Township 28, Range 24; Thence East parallel to the South line of S.18, T. 28, R. 24 a distance of 1340'; Thence South 270' to the Northwest comer of Lot 7, Block 3, Hansen and Parks 1st Addition; Thence South along the West line of said Lot 7 a distance of 60'; Thence East 60' South of and parallel to the North line of Hansen 2nd Parks 1st Addition to the East line of Lot I, Block 1, Hansen and Parks 1st Addition; Thence Northeasterly to point of beginning; and Lot 3, Block I; HOW'S Addition; Lots 2 thru 6, MAcMillan's First Addition; Lots 1 and 2, Block I, Code's First Addition; Lots 6 thru 11, Virginia Ave. Addition; Lots 10 thru 12, Block 4, Fairfax; Lots 12 thru 14, Block 6, Fairfax; Lots 13 thru 24, Block 10, Fairfax; Parcel 6201, Section 19, T. 28, R. 24. Motion for adoption of the resolution was seconded by Councilman Richards. I - I 7. Florence B. Hallberg, City Clerk Rollcall : Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None . Resolution adopted. * HALLA PROPERTY REZONING (ORDINANCE NO. 811-Al23) GRANTED SECOND READING WITH PUB-' CATION TO BE WITHHELD; HALLA ENTERPRISES REGISTERED LmD SURVEY GRANTED PRELIML- NARY APPROVAL. and ordered placed on file. Mr. Hughes recalled that Ordinance No. 811-A123 had been granted First Reading on December 18, 1978, and that in conjunction with the rezoning, a new registered land survey for the subject property is being pro- posed to divide the property into two parcels, with Tract -A being the Perkins Restaurant and parking lot and Tract B being the proposed office building site. Mr. Hughes recalled that First Reading was granted subject to the following condi- tions: 1) that the net leasable floor area of the proposed office building is not to exceed 40,000 square feet; in the building; 3) that there be a maximum height limit of four stories; and 4) that a $16,000 subdivision dedication fee be donated to the City. Mr. Hughes advised that he has received a declaration of restrictions and protective coven-. ants for-the parcel but that, because of a problem with the title opinion, he does not have the necessary signatures on the protective covenants and restric- tions. He advised further that he has also received an irrevocable letter of credit for the $16,000 subdivision dedication fee which is proposed to be redeemed Affidavits of Notice were presented by Clerk, approved as to form 2) that no dental or medical offices be allowed at the time a building permit is issued for the property or within one year, 83 I whichever would occur first. Mr. Hughes said that the letter of credit appears to be in good form excepr that the date to which it would run is shown as June 30, 1979, rather than one yea from the date of the Second Reading of the ord- inance. He summarized by saying that the conditions imposed by the Council on December 18, 1978, have been agreed to in form and in concept but that they have not been executed for final form at this time. Mr. Hughes then presented the Preliminary Registered Land Survey which includes the Perkins Restaurant site and the parking lot for the restaurant as Tract A and the office building site being Tract B. In response to a question of Mayor Van Valkenburg, Mr. Erickson said that the letter of credit would be payable on the action of the Council at the end of a year. Kr. Hughes clarified that if the zoning is not used within a period of one year, the zoning would lapse and that if a year has elapsed before the building permit is granted, then the letter of credit could be redeemed or the property rezoned to its original zoning. No further discussion being heard, Councilman Richards offered the following resolution and moved its adoption, with the understanding that the City can draw.on the letter of credit on June 30, 1979, or when a building permit is issued, whichever first occurs: .. RESOLUTION GRANTING PRELIMINARY APPROVAL FOR . HALLA ENTERPRISES PRELIMINARY REGISTERED LAND SURVEY BE IT RESOLVED by the Edina City Council of the City of Edina, Minnesota, that that certain Registered Land Survey, located West of Willson Road, East of T.H. 100 and South of Eden Ave., and presented to the Edina City Council by Donald and David Halla at its meeting of April .2, 19:79, be and is hereby granted pre- liminary approval. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes: Bredesen, Courtney, Richards, Van Valkenburg . Nays: None Resolution adopted. Councilman Richards then offered Ordinance No. 811-A123 for Second Reading and moved its adoption as follows, with the understanding that publication be with- held pending receipt of executed protective covenants and restrictions: ORDINANCE NO. 811-A123 AN ORDINANCE AMENDING THE ZONING ORDINANCE (NO. 811) BY ADDING TO THE OFFICE DISTRICT (0-2) THE CITY COUNCIL OF THE CITY OF EDINA, MINNESOTA, ORDAINS: amended by adding the following thereto: addition of the following property: Section 1. Paragraph 1 of Section 8 of Ordinance No. 811 of the City is "The extent of the Office District (Sub-District 0-2) is enlarged by the Tract B, Registered Land Survey No. 390 and Tract B, Registered Land Survey No. 1021, which is in Sub-District 0-2). Sec. 2. This ordinance shall be in full force and effect upon its passage and publication. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall: Ayes: Bredesen, Courtney, Richards, V Nays: None Ordinance adopted. ATTEST: Y O&L.fAJ> City Clerk II LOT 7, BLOCK 1, PARKWOOD KNOLLS 15TH ADDITION DIVISION APPROVED. Mr. Hughes pre- sented a petition for division of Lot 7, Block 1, Parkwood Knolls 15th Addition, along the party wall. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption, subject to the proponent installing separate sewer and water connections to each unit or obtaining a waiver from this requirement from the Building Construction Appeals Board: WHEREAS, the following described property is at present a single tract of land: WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : RESOLUTION Lot 7, Block 1, Parkwood Knolls 15th Addition; and The North 60 feet of Lot 7, Block 1, Parkwood Knolls 15th Addition; and Lot 7, except the North 60 feet thereof, Block 1, Parkwood Knolls 15th Addit ion; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulations of the City of Edina will create an unnecessary hardship and said Parcels as 4/21 79 I separate tracts 02 land do not interfere with the purpose of the Subdivision-and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina that the conveyance and ownership of the second above Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations set out in.Ordinance No. 811 and said ordinances are not waived for any other purpose or as to any other provisions thereof, and further further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council, subject to installation of separate sewer and water connections to each unit or a waiver fron this requirement from the Building Construction Appeals Board. Motion for adoption of the resolution was seconded by Councilman Richards. . . subject, however, to the provision that no I Rollcall : Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Resolution adopted. LOT 8, BLOCK 1, PARKTJOOD KNOLLS 15TH ADDITION, DIVISION APPROVED. sented a petition for division of Lot 8, Block L, Parkwood Knolls 15th Addition, Mr. Hughes pre- along the party wall. No objections being heard, Councilman Courtney offered the following resolution and moved its adoption, subject to the proponent installing separate sewer and water connections to each unit or obtaining a waiver from this requirement fros the Building Construction Appeals Board: RESOLUTION WHEREAS, the following described property is at present a single tract of land: Lot 8, Block 1,-Parkwood Knolls 15th Addition; and WHEREAS, the owner has requested the subdivision of said tract into separate parcels (herein called "Parcels") described as follows : Lot 8, except the North 60 feet thereof, Block 1, Parkwood Knolls 15th Addition; and The North 60 feet of Lot 8, Block 1, Parkwood Knolls 15th Addition; and WHEREAS, the requested subdivision is authorized under Ordinance No. 801 and it has been determined that compliance with the Subdivision and Zoning Regulataions of the City of Edina will create an unnecessary hardship and said Parcels as separate tracts of 'land do not interfere with the purpose of the' Subdivision and Zoning Regulations as contained in the City of Edina Ordinance Nos. 811 and 801; NO\?, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Edina that the conveyance and ownership of the second above Parcels as separate tracts of land is hereby approved and the requirements and provisions of Ordinance Nos. 801 and 811 are hereby waived to allow said division and conveyance thereof as separate tracts of land, but only to the extent permitted under Ordinance No. 801 and Ordinance No. 811 and subject to the limitations set out in Ordinance No. 811 and said ordinances are not waived for any other purpose or as to any other provisions thereof, and further, subject, however, to the provision that no further subdivision be made of said Parcels unless made in compliance with the pertinent ordinances of the City of Edina or with the prior approval of this Council, subject to installation of separate sewer and water connections to each unit or a waiver from this requirement from the Building Construction Appeals Board .Motion for adoption of the resolution was seconded by Councilman Richards,' I . Rollcall : Ayes: Bredesen, Courtney, Richards, Van s- Valkenburg a Nays: None Resolution adopted. SUBDIVISION HEARING DATES SET, As recommended by Mr. Hughes, Councilman Court- 1: ney's motion was seconded by Councilman Richards, setting April 16, 1979, for hearing date for preliminary approval of Grandview Park R.L.S. and Kerry Subdivi- sion. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Motion carried. I Nays: None. , BRAEMAR GOLF COURSE IRRIGATION BID AWARDED. Mr; Rosland presented tabulation of. . two bids received for installation of an automatic underground irrigation system 2nd pumping station at Braemar Golf Course. Irrigation Company low bidder at $227,636.00 against bid of Aqua Engineering of $235,114.00. Councilman Courtney's motion for award to recomended low bidder, Northern Irrigation Company, was seconded by councilman Richards. Tabulation showed North Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Notion carried. -_ ' 4/2/79 .. 85 BACKHOE FOR LOADER BID AWARDED. Mr. RoslanL presented tabulation of two b 3s received for a backhoe for a Fiat-Allis loader showing Minnesota Tractor Com- pany low bidder at $9,925.00 and Mid-States Machinery, Inc., at $10,240.00. Motion of Councilman Richards for award to recommended low bidder, Minnesota - Tractor Company , was seconded by Councilman Courtney. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Motion carried. - ROGER FINDELL ZONING ORDINANCE (811-A96) REFERRED BACK TO COMMUNITY DEVELOPMENT AND PLANNING COMMISSION. Mr. Hughes recalled that the zoning request of Mr. Roger Findell which was previously granted first reading as Ordinance No. 811- A96 had been continued most recently from October 2, 1978, and recommended that it now be referred back to the Community Development and Planning Commission if and when Mr. Findell returns with his proposal. No objections being heard, Councilman Courtney's motion referring the zoning request back to the Community Development and Planning Commission as recommended by Mr. Hughes was seconded by Councilman Richards. ' Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Motion carried. P- p. LOT DIVISION PROCEDURE REFERRED TO CITY ATTORNEY. May r Van Valk nburg quest- ioned the necessity for a hearing on lot divisions in cases where no buildable lot is being created and asked Mr. Erickson to see if such divisions could legally be approved administratively.. No formal action was taken. I\. a fa BOARD OF REVIEW HWRING DATE SET. As recommended by Mr. Rosland, Councilman Richards' motion was seconded by Councilman Courtney, setting Board of Review for Tuesday, June 5, 1979, at 4:OO p.m. in the City Hall Council Chambers. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: .None . Motion carried. RAIN RESTAIRANT ON-SALE BEER LICENSE APPROVED. Being advised that the Police and Health Departments had approved the application, Councilman Courtney's motion granting an On-sale Beer License to Rain Restaurant for April 1, 1979 to April 1, 1980, was seconded by Councilman fichards. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Motion carried. COMMUNITY SEMINAR DISCUSSED. Mr. Rosland presented a tentative agenda for the Community Seminar which will be held on April 21, 1979. request of Comcilman Bredesen, Mr. Rosland said that he would try to revise the agenda to include more time for health and transit discussions and that if was not possible to do so, those items would be included on the agenda for the next Community Seminar. Mayor Van Valkenburg asked Mr. Hughes to invite any persons interested in low and moderate income housing. No formal action was taken. In response to a FOURTH ANNUAL STATE OF THE REGION CONFERENCE DISCUSSED. Mr. Rosland called Council's attention to the Fourth Annual State of the Region Conference which will be held on April 28 at St. Paul's Landmark Center with the subject of this year's event being "The Condition of the Older Part of the Region: What Do the Vital Signs Show?". Mr. Rosland said that he would attend. No formal action was taken. VALLEY VIEW FAMILY ROLLER SKATING CENTER DANCE LICENSE CONTINUED. Mr. Rosland presented an application of Valley View Family Roller Skating Center for a Dance License, advising that the Police Department had recommended denial inasmuch as the Center had not lived up to commitments made to the Council at the time the license was originally granted. He said that there have been no problems at the Center. The Mayor asked that the matter be continued so that management of the Center could be advised of the recommended denial. No formal action was taken. CITY OF ROSEAU REQUEST FOR FLOOD PLAIN MANAGEMENT LEGISLATION DISCUSSED. Mr. Rosland called'Council's attention to a letter from the Mayor of the City of Roseau requesting that Edina send representatives to.a joint meeting at wkich opposition to involvement with the National Flood Insurance Program as admin- istered by the DNR and by HUD would be discussed. Following considerable dis- cussion,' it was informally agreed that Mr. Rosland would write .the City of Roseau, asking them to let him know when the meeting will be held and that the City of Edina may send a representative. 4/2/79 { 86' c BLOCK 8, EDINA INTERCHANGE ADDITION EASEMENT VACATION HEARING DATE SET. recommended by Mr. Hoffman, Councilman Bredesen offered the following resolution and mved its adoption: As RESOLUTION CALLING PUBLIC HEARING ON EASEMENT VACATION FOR SANITARY SEWER PURPOSES BE IT RESOLVED by the City Council of the City of Edina, Hennepin County, Minne- sota, as follows: 1. of land affected thereby) that the following described easement for sanitary sewer purposes should be considered for vacation, in accordance with the provi- .sions of Minnesota Statutes, Sections 412.851 and 160.29: It is hereby found and determined (after receipt of the petition of the owners A strip of land 24' in width, the center line of which is described as follows: ' Commencing at a point on the North line of Lots 4, 5 and part of Lot 6, Block 8, Edina Interchange Addition, said point being 195' East of the West line of said Lot 4, thence Southerly at right angles to the said Nor& line of said Lots 4, 5 and part of Lot 6, a distance of 308' and there termin- ating, together with a strip of land lying Southeasterly of the following described line and Westerly of the above described easement, commencing at a point 183' East of the West line of above described Lot 4 and 215' South of the North line of Lots 4, 5 and part of 6, thence Southwesterly to a point 148' East of the West line of said Lot 4 and 308' South of the North line of said Lots 4, 5 and part of 6 and there terminating. 2. included in paragraph 3 hereof for the purpose of holding a public hearing on whether suchvacation shall be made in the interest of the public. 3. The Clerk is authorized and directed to cause notice of the time, place and purpose of said hearing to be published once a week for two weeks, in the Edina Sun, being the official newspaper of the City, the first publication at least 14 days prior to the date of such hearing and to post such notice, at least 14 days.prior to the date of such hearing, in at least three (3) public and conspi- cuous places within the City as provided in Minnesota Statutes, Section 412.851. Such notice shall be in substantially the following form: This Council shall meet at the time and place specified in the form of notice (Official Publication) CITY OF EDINA 4801 W. 50TH STREET EDINA, MINNESOTA 55424 NOTICE OF PUBLIC HEARING ' .. ON VACATION OF EASEMENT FOR SANITARY SEWER PURPOSES IN THE CITY OF EDINA, HENNEPIN COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Edina, Hennepin County, Minnesota, will meet at the Edina City Hall, 4801 W. 50th St., on May 7, 1979, at 7:OO o'clock p.m., for the purpose of holding a public hearing on the proposed vacation of the following easement for sanitary sewer purposes: A strip of land 24' in width, the center line of which is described as follows: Commencing at a point on the North line of Lots 4, 5 and part of Lot 6, Block 8, Edina Interchange Addition, said point being 195' East of the West line of said Lot 4, thence Southerly at right angles to the said North line of said Lots 4, 5 and part of Lot 6, a distance of 308' and there terminating, together with a strip of land lying Southeasterly of the fol- lowing described line and Westerly of the above described easement com- mencing at a point 183' East of the West line of above described Lot 4 and 215' South of the North line of Lots 4, 5 and part of 6, thence South- westerly to a point, 184' East*of the West line of said Lot 4 and 308' South of the North line of said Lots 4, 5 and part of 6 and there terminating. All persons who desire to be heard with respect to the question of whether or not the above proposed easement vacation is in the public interest and should be made shall be heard at said time and place. extent to which such proposed easement vacation affects existing easements within the area of the proposed vacation and the extent to which the vacation affects the authority of any person, corporation, or municipality owning or controlling electric or telephone'po-les and lines, gas and sewer lines, or water pipes, mains and hydrants on or under the area of the proposed vacation, to continue maintaining the same or to enter upon such easement area or portion thereof vacated to maintain, repair, replace, remove, or otherwise attend there- to, for the purpose of specifying, in any such vacation resolution, the extent to which any or all of any such easements, and such authority to maintain, and to enter upon the area of the proposed vacation, shall continue. . Florence B. Hallberg ' ' The Council shall consider the . BY. ORDER OF THE CITY COUNCIL. City Clerk Motion for adoption of the resolution was seconded by Coupcilman Courtney. 4/2/79 Rollcall : Ayes : Nays: None Bredesen, Courtney, Richards, Van Valkenburg Resolution adopted. MORNINGSIDE AREA LIGHTING DISCUSSED. with Morningside area residents who have complained about the lights and spac- ing of lights in their area which lights are being installed in accordance with the approved lighting plan. Mr. Rosland advised that he has talked I No formal action was taken. ABOVE GROUND SWIMMING POOLS CONTINUED TO APRIL 16, 1979. Mr. Rosland advised Council that above ground swimming pools have now been constructed to comply with City Ordinances and requested direction as to whether they should be permitted if they meet code. Mrs. Marion White, 5809 Kellogg Ave., suggested that Council con- sider lot size in reaching their decision. Following discussion, the Sun reporter agreed to write an article in the Edina Sun which would, hopefully, bring input from residents. It was then informally decided to continue the matter to the next Council Meeting. I GRAND VIEW PARK SITE GRADING WORK APPROVED CONDITIONALLY. Mr. Rosland referred to a memo from Mr. Kojetin recommending that the City enter into an agreement with the Schafer Contracting Company which proposes to exchange approximately 104,000 yards of gravel for grading work at the Grand View Park site. clarified that, under the agreement, Hennepin County would grade the area in accordance with a Stockpile Lease Agreement and the remaining 104,000 yards would be given to the Shafer Contracting Company in exchange for them doirig the final grading so that it is ready for seeding, sodding and placing of the black dirt which is on the site of the parking lots, entrance road, 2 softball diamonds and a soccer field in accordance with the design plans by Brauer and Associates and the City Engineers. construction and pipe according to the Engineers' plans. Mr. Rosland clarified that, under the agreement, the City Engineers would provide all surveying and staking of the area and that there would be no exchange of money between the two organizations. Councilman Richards said that the contractor should provide a Performance and Payment Bond. No objections being heard, Councilman Courtney's motion was seconded by Councilman Bredesen that the agreement be approved subject to receipt of the Performance and Payment Bond. He Schafer Contracting would also install the storm drainage Ayes : Bredesen, Courtney, Richards, Van Valkenburg Nays: None Mot ion carried. PETERSON APPLIANCE NOTICE OF CUIM EEESEETED. Mr. Rosland advised Council of a Notice of Claim of PeterS.on Appliance which had been filed with the City Clerk and which has been.referred to the insurance company and to the City Attorney. No formal action was taken. JOINT NEETING 08 HEALTH ADVISORY COMMITTEES NOTED. Mr. Rosland called Council's attention to a joint meeting of the Edina, Bloomington.and Richfield Health Advisory Committees which will be held on April 17, 1979, at 7:OO p.m. in the Ethel Barry Room at the Southdale Library. No formal action was taken. . OUTLOT 1, SCENIC VIEW SECOND ADDITION, RECONVEYED TO STATE OF MINNESOTA. Being advised by Mr. Rosland that Outlot 1, Scenic View Second Addition which had been acquired by.the City as Tax Forfeited Land is no longer required, Councilman Richards offered the following resolution and moved its adoption: BE IT RESOLVED that the Edina City Council hereby determines that there is no longer a need for the following described property which was acquired by the City through tax forfeiture for Street Right-of-way and that said property be reconveyed to the State of Minnesota: Motion for adoption of the resolution was seconded by Councilman Bredesen. Rollcall : Ayes: Bredessn, Courtney, Richards, Van Valkenburg Nays: None Resolution adopted. RESOLUTION Outlot 1, Scenic View Second Addition (Plat 76963, Parcel 8800) I VOLUNTEER AWARDS DINNER DISCUSSED. Plans were discussed for the Volunteer Awards Dinner which will be held on April 20, 1979. No formal action was taken. SELF-INSURANCE LEGISLATION URGED. Council reviewed a memorandum from Mr. Rosland indicating that work compensation losses .of the City, including reserves, has amounted to $7,300 for .the period of July 1, 1978 to February 15, 1979, whereas . premiums paid for the year ending July 1, 1979, will amount to $165,000. Follow- ing some discussion, Councilman Richards offered the following resolution and mved its adoption: WHEREAS, the City of Edina has, over the past five years, generally paid premixms considerablv in excess of its.loss experience for both workers' compensation and general liability; and WHEREAS, the commercial insurance market available to municipalities is severely limited; and WHEREAS, cost savings measures must continue to be pursued to give taxpayers the best service at the least price; and WHEREAS,'the concept of self-insurance and self-insurance pooling represents a viable cost saving alternative; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Edina urges the Legislature to pass the pending legislation that would permit self-insurance and pooling in all areas proposed in an effort to keep financial costs of local government down and improve local government control over those costs. Motion for adoption of the resolution was seconded by Councilman Bredesen. RESOLUTION ,. Rollcall : Ayes: Bredesen, Courtney, Richards, Van Valkenburg Nays: None Resolution adopted. BUILDING DEPARTMENT FEES CONTINUED TO APRIL 16, 1979. Mr. Rosland presented a memorandum from Mr. Bernhardson reviewing Buildihg inspection fees charged by the City and comparing these fees with fees charged by other municipalities. Council was advised that an attempt to utilize CETA employees in the Building Department has not been successful and-requested that a full time inspector be hired who . would work along with Nr. Michael who may soon be-working only on a part tine'basis. It was suggested that the proposed Increase in fees so that they would be comparable with fees of other.municipalities would pay the salary of an addi- tional inspector. level suggested at one time and suggested that the increase be spread over a longer period of time. Councilman Richards objected to hiring an additional employee who was not included in the budget. Building Inspector Robert Babe- men advised Council that current fees have not been increased since the GdGht- ion of the 1970 UniformBuilding Code and said that his department is not able to keep up with inspections that should be made. Councilman Courtney's motion increasing the-fees to 50% of the proposed schedule died for lack of a second. Councilman Richards' motion continuing the matter until April 16, 1979, so that. the City Manager would have an opportunity to study the problem and make a further recommendation, was seconded by Councilman. Courtney. . Councilman'Bredesen objected to increasing the fees to the . . Ayes: Bredesen, Courtney, Richards, Van Valkenburg Ndys: None Motion carried. . POSSIBLE PROSTITUTION ORDINANCE VIOLATION DISCUSSED. Councilman Bredesen refer- red to a telephone call which he had ,received regarding a possible prostitution operation next to the callerk house and advised that the caller had not been sat- . isfied with the response he had received from the Police Department. Chief Swan- son said that the information furnished to the Police Department had not been adequate for them to Gake.any action. No formal action was taken by the Council. CITY ANIMAL CONTROL DISCUSSED. call from a resident objecting that he had not received responsive answers when caling aboyt an dog control problem. The resident will call Mr. Rosland, No- formal action was taken. Councilman Bredesen advised Council of a telephone . ART CENTER BY-LAWS DISCUSSED. before the Community Se*nar, the Park Board Minutes particularly as they pertain to the Art Center By-Laws. No action was taken. TAX INCREMENT FINANCING DISCUSSED. had written to.Edina's legislators advising them that the City is interested in .tax'increment financing and asking for their comments. MEETING AND SEEIINAR REPORTS REQUIRED. past, the Council had required that reports df meetings and seminzrs be submitted by all City personnel attending those meetings. City personnel of this requirement. Mayor Van Valkenburg asked Council to review, Mayor Van Valkenburg advised Council that he L ?. No action was taken. I, -. Councilman Richards recalled that, in the The City Manager will remind No formal action was taken. PROPOSED RECREATION FEES APPROVED FOR 1979. Mr. Rosland presented a proposed skhedule of Park and Recreation fees for the year .1979, recommending that the 4/2/79 schedule be accepted except that the fee .for swimming instructions be increased from $10.00 to $12.00. Discussion ensued as to the wisdom of increasing the fee, with Councilman Richards saying that he believes that the fee should be raised a little each year, rather than a large increase every few years. Council- man Courtney's motion approving the schedule as submitted, except that the fee for swimming instructions will be increased to $12.00, was seconded by Councilman . Bredesen. I Ayes: Bredesen, Courtney, Van Valkenburg Nays : Richards Motion carried. CLAIMS PAID. foc payment of the following claims as per pre-list: Park Fund, $14,749.92; Art Center, $354.15; Park Construction, $13,284.33; Golf Course, $291.16; Arena, $1,529.35; Water, $6,190.98; Arena, $2,017.05; Liquor, $1,107.68;. Construction, $6,495.48; ,Total, $69,980.82; and for con- firmation of payment of the following claims: $5.00; Liquor, $109,703.70; Total, $169,199.92; -. Ayes: Bredesen, Courtney, Richards, Van Valkenburg Motion of Councilman Courtney was seconded by Councilman Bredesen General Fund, $23,960.72; General Fund, $59,491.22; Water, Nays: None Motion carried .. kg Pl.. a No further business appearing, Councilman Bredesen's motion for adjournment was secondec! by Councilman Richards and carried. Pl Adjournment at 9:OO p.m. #-L b-fh / City Clerk