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HomeMy WebLinkAbout19790416_regular.. (. . .- IIINUTKS OF TlIE RECXAR 3lEET'LNG OF THE EDfNh CITY COUNCIL 1lELI) AT CITY HALL . APRIL 16, 1979 hnswering rollcall r.7ere members Bredesen, Courtney, Ricnnrds, Schmi, .1 x I t "ani thy o r Van '17alkenburg. Present also were Mr. tiomer Rinney of the Adviscry Health Coni- 'mittee, Plrs. Leslfe Turner and Plr. by O'Connell oE the Human Relntidns Conuiiission, 3ks. Helen McClellad of the CommunFty Development and Planning Commission , .and YES. Alison Fuhr of the Citizens' Safety Committee. EINUTES of April 2, 1979, were approved as presented by Eotion of Councilman' Courtney, seconded by Couxilwoman Schmidt. Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Notion carried. i. BICYCLE SAFE!I'T WEEK NOTED. The folloxing resolution was unanimously approved: T RESOLUTION I.TfIEPEks, public interest in bicycling has increased tremendously in recent $i=es; and WHEREAS, the rate of accidents involving bicycles hzs also increased, creating a distinct need for continuing bicycle education; and WBEREAS, during Bicycle Safety Week in the City of Edina, instruction in bicycle safety will be protided by the Edina Police Department at the vzrious schoolsL rwder the sponsorship of the PTA Council and the Citizens' Safety Council; IiB, THEREPORE, BE IT RESOLVED by the Edina City Council that all Edina younksters be srged to paxticipate in Bicycle Safety Week which will be held from April 30 through Nay 3, 1979, ia the City of Edina; and EE IT RESOLVED FURTHER that all bicyclists in Edina be aware of their responsi- Sility x&ile operating their .bicycles. ' ST9RI-f SWR IWRGIrEEIEhT NO. P-ST.S-1Gl CONTINmD TO IW 7, 1979.Ur. Ejoffm& reviewed proposals hezrd on February 5, 1979, fsr Improvement No. P-ST.Sz161j and advised that new notices had been sent to property owners so that the storm sewer district woGld he enlarged ro include Lot 3, Block .1, Howe's Addition; iots 2 thru 6;' IZac i%llzn's First Addition; Lots 1 and 2, Block I, Code's First Addftion; Lots 6 thru .lI, Virgizi-a Ave. Addition; Lots 10 thru 12, Xock I, Fairfax; Lats 12 thru 14, Block 63 Fairfzx; Lots 13 thru 24, Block 10, Fairfax; ax2 Parcel 6201, Section 19, . T. 2'8, R. 24. Ye ad-vised that the total estimated construction cost of $3S7,438,36 is pro~oseQ to be assessed against benefitted properties .at an estimated c?st of 4.*27$'per3square .. foot, with an estimated cost of $427 for the average property omer, *and that discussions had been held with the School District but thst 'no Tir.al,decfsion had been reached. The Mzyor referred to letters which had been recezvsd s+ce t5e meeting of April.2, 1979, from Mr. John N. Clausen, 4528 W..5Sth St., and Xr. Leonard €1. l'iurray, 14 Woodland Road, both objecting to the propbsed ?qrovement. The Mayor elso referred to an article in the liinneapolis Star des- cribicg plans for the County to fund a storm sewer project in thc, City of BlooznZng- tori and -advised residents that ci;cumstmces surround.ing the two situations are different 2nd thst Edim would not be eligible for tax increment fmds fcr the prcj-ject now under ccasideration. Nayor Van Vaikenburg referred tc serious: problem ~II which baseinents have been filled with water, causing severe daiilage to some hones. He recelled thac+x~~c$ of the area was originally low land, that the City is neither a propcnezlt or opponent of the improvement, arrd that no guarantee can be given that the proposed improvesent will resolve $11 of the existing problems. Mayor Vsn ~%12:~n3urg advised that the drainage district Xnes are now based on a genera; description and that these lines will be refir,eii by the Engineering Departlrent if thz project is approved. Mr. John Olson, 5451 Ashcrcft Ave.;was told that it is ZI-L a restrfctqd f10~. 1.i~~ Earl Isensee, 4617 Golf Terrace, wzs told by Mr. Hoffma thzt the proposed improvement will not correct wet basements, t5at xhe project will. cause sn additional problein for the School propqty 2nd that efkraorhinary benefits have not yet Seen addressed. storm'sewers were Lk6. Eleazor Perlich, 5808 Kellogg Am., and Xr. Ebgeiie Palmer, 5S2E .K;zllogg Ave. heszrings for past storm sewers and. had urged that pipes be increased iil size. couple living on Concord Ave. concurrdi? with Mr. Kinney that the City had made an error at that time, and ?hat the cost 'apf the proposed stom sewr should, khcrefore, be paid frog Genera!, Pmds an@ mi: assossed against property ovxel-s within ?he , storm sewer district. Nr. Robert, Zicper, 4525 Tower St.: WIZS told by HI:. 'iiaE-Ema~1 that an obstruction u'; bc blocking rhe pipe by his hone causing water to Stan6 5x1 the street ari unusual lc~g;h, of ?Lice. Mr. Ziepcr and an midcntified lady abd ",ntIeman ir: -;he acdicncc *wetc told tlat the exist ing pipes bould 5e televised I I. I -propo'sed that the wstcr colle,cted in the schaol retention zrez :Jould be released O'ojecting chat they have'already paid for existing Mr, €lone$ Kinnsy, 4.513 Oak Drive, recalled that h& had zrtsnded A %.I * *: ,. wi.$l~;ll thc nc few dzys to ,dct ne tlie~r_~m~ition. ~r. tIoEfmaii explained ttic 1 .% *-#*pq+ I. F. Curry, 5505 Concord Ave., and Mrs, Martha Pollak, k416 Philbrook Lgne. Mr. A. J. Bclxre, 5913 Ashcroft .Five., suggested enlarging the School DiaCrict catch basin. Efayor Van Valkenburg explained that the original storm sewer had been const ructcd in accordance with standards that were acccptclb1.e at the t.ime anh that regional storm sewers have never been assessed on a city-wide basis in Edina. whether the holding pond in the school property would be enclosed and also wherher it might cam= a health hazard. When Mr. Lloyd i?orter, 4809 School Road, opposed building a storn sewer for a 100 year rain, he was reminded that a rainfall of that dimension had occurred three times within the past two years. Mr. Lloyd Metcalf, 5812 Wooddale Ave., was reminded that the City cannot guarantee that the proposed storm sewer will take care of a seven inch raicfall which falls in four hours. Mr. A. C. Sobert, 5800 Ashcroft Ave., spoke of having 7 feet of water in his basement during heavy rains. Mr. and Mrs. I. B. Coddington, 4620 Concord Terrace, said that they have water in their basement acd suggested that they vould sell their house to the City. Mr. R. E. Becker, 5805 Concord Ave., said that water was over his head in his back yard and causalhis picture window to break out. Mrs. Ruth Fisher, 5809 Concord Ave., suggested that the City send the get water in their basements. Concern was expressed by the Council for the families on Tower St. who have sanitary sewer back-ups in their basemencs during times or' hea-vy rainfall. Nr. Hoffmzn said that the television cameras should -indicate if there is any blockage in the lines, but that he was quite sure that the sanitary sewer problem would be abated when the water problem is solved. Efr. . st;stctory '-$sit 'rcgar$.hl.j :;b rm f18&wf.itrft 'in respoiise to -questi os)., 02. PI^. h;l unidentified lady living at 56th St. and St. Andrews Ave., questioned ~ Engineers to esamine homes in the area after a hard rainEd1 to see just how many .Clifford Robertson, 4609 Tower St., advised that he had solve2 his problem by 'changing the grade of his yard and wing downspout leaders. He was told that these types of solutions would not be adequate to handle areas with more serious flooding. No further discussion being heard , Councilman Richards ' motion contfnzi- izg the hearicg until May 7, 1979, so that the results of the television pictures can be studied, wzs seconded by Councilwoman Schmidt. Ayes : Eredesen, Courtney , Richards, Schmidt, Van Valkenburg Motion carried. , , Naps: None JOHN J. VELIE APPEAL FROX BOARXI OF ADPEALS AN! ADJUSTMENTS DECISIOM hPPROW,D. Mr. Eughes recalled that the appeal of Mr. John J. Velie frox a Board of Appeals and Adjustments decision denyhg variances for property located at 4300-4302" 4.1 Valley View Road had been continued froin March 19, 1979, so that Kr. Vel-ie could work with architects to develop a plan which would be nore appropriate €or the site. Mr. Ilughes presented a new plan submitted by Mr. Vdie and recommended that the 15 foot front yard setback variance and the 3,i47 square foot lot area vzriance and the 20 foot rear lot variance be approved, with the condition that this .particular plan be used. No objections being heard, Couzciiman Bredesea's motj-on was seconded by Councilwoman Schmidt, approving a 10- foot front yard A setback variance, a 3,147 square foot lot area variance; and 2 25 foot rear lot variance for the following described property, conditioned on the use of the site pian as presented: I 'That part of the North 334 feet of the Northwest l/& of the Kortheast 1/4 lying Zast of the West 658.5 feet thereof and lying West of the West line of Brookview Avenue extended to the Xorth line of the said Northwest 1/4 of the Northeast 1/4 in Section 30, Township 28, Range 24, the West boundary of said tract is marked by judicial iandmarks set at the Southwest comer thereof and at a point on the West Line thereof 110.25 feet South of the Northwest westerly of the following described line cmstitutirrg the center 1.i~~ of Salley View Road; Begianing at a point on the North line of the Northeast 114 of said Section 30 distant 549.79 feet East of the Northwest corner thereof; thence running Sontheasteriy at zn angle of 25 ciegrees 36 minutes with said North iine, when tnezsured from East to South, for a distance of 500 feet End there terminating, su3ject t3 a= easement for installing water3ah.s. and sanitary sewers over the Xest 16 feet of above land, e-xcepr: the North 33 feet thereof, as set forth in Book 2035 of Desds, page 415. I) ' co-mer thereof, except that portion of the above described tract lying South- ' _' ~ I, r. ,I Ayes : Bredesen, Courtney, Richards , SchxLdt, Vocil ValIcet_zbtiscg Nays: None Motion carried. 1 I I Gumv113~7 FARK REGISTERED --- LAND SUIZVEY cwxrm PPRELIMINAI~ ANI) FINAL @J~IIOVAL. I?ffidavits of Nctice were presented by tkc Clerk, appro-Jed as to form and ordared placed on file, prel-irniriarj ani3 fi-nal p1.2ti approval I adsising that the County lias reqileotcd a registcj-ed Mr. F1ughc.s prc~sented Grnnriview ?ark licgisrered Land SUl-VCY fOT siJney for the purpose' 01 i-ecodiiig the Lransactioii far this \. 92 4/16/79 tract oE land vhich is generally located East cif Halibu Drive and Soi;th of Cram& vierir Park and described as a part of OutloL -1, Parlwood I(nolls 2BcIt Addllriuri. . Councilman Richards questioned the need for tlic registered land survey and was Cold that the County has the pormr to require this action. No chjcctions bei~lg heard, Councilman Courtney offered the following resolution and moved its adopt- ion : ,* RPSOLUTIOE GRANTING PWI~L.MINARY AND FINAL $: APPROVAL FOR GRANDVIEW PARK REGISTERED LASD SURVEY BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain Registered Land Survey, presented for approval by the Cicy of Edina, . covering property described as follows : -411 that part of Outlot A, Parkwood Knoils 20th Addition IiihiCh lies Northwest- erly of the following described line: Commencing at the mast SoutherLy corner of Outlot E, Parkwood Jholls 20th Addition; thence on assumed bearing of North 59 degrees 04 minutes 53 seconds East along the Southerly line of said Outlot E, 390.00 feet; thence South 33 degrees 04 minutes 40 seconds East, along the Southerly line of said Outlot E, 144.44 feet to the actual point of beginning of the line to be descrlbed; thence South 56 degrees 39 minutes 57 seconds \?est, 217.45 feet; thence Souchwesterly 146.64- feet along a tangentiai cilrve to the right, having a.radius of 385.02 feet; thence South 78 degrees 29 mLnutes 14 seconds Vest, 64.35 feet to the West- znri presented at the Edina City Council Meeting of April 16,1979, be and 5s hereby granted prelhinary 2nd f iaal approval. Notion for adoptiozl of the resolution vas seconded be Cotmciiwomaa Schmidt. D ' erly line of said Outlot A aad there terminating; Rollcall: Ayes: Eredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: Noi?e Resolution adopted. KERRY SUBDIVISION GRANTED PRELLNINARY PTdT APPRGVAL. Affidavlts of Eotice were pr-zsented by Clerk, approved as to form ad ordered placed on file. -3r. Hughes presented Kerry Subdivision for preliminary plat aqroval, advising that the pro- perty is described as Lot 14, Prospect Hills and is gencrally located South of Kerry Road and East of Down Road. He explained that the subject property is a, '42,584 square foot single family lot with a single Zanily ciwelling located 011 the Nort3erfy portion of the property. Mr. Hughes noted that the =e:< lot would 'front 00 DOWE Road, while the existing dwelling fronts on Kerry Koas, and that s-&ice tile original platting, many of the lots have been furtber scbciiviiied into Ydts rang2ng in size from 18,000 to 30,000 square feet. Eeing acivised that the Cc&y2ty 'Developnent and Plaming Cominiss 5on had recomended approval and that only -one phone call opposicg the plat had been received, Couacilriaii -Richards offered the followiq resolution and moved its adoption, subject t3 payKent of + $2,000 cash dedication, to,payment of sewer anc! water ccmnection chzrges prior -to issraxe of a building permit and scbject further to the issv(snce of a tree cuttirlg permit prior to issuakce cf the building permi;: .- WSOLUTION GRANTIXG PF33LIMLNARY APPROVJL FGR ICERRY S?JiiDIVISION - ; ; c - t. ~= -7- im IT ESOLVZZ? by the City Council 05 the City of Edina, i4iizaesora, chat that ' certairi plat entitled "Kerry Subdiv9-sion", pletted by Ecnna Tucker, and presented at the Edir,z City Council Meeting of April 16, 1'373, be and is hereby grmted prel5?2nn;?rg plat approval, subject to payment of a $2,OG@ cash dedkation, to pay- Eent of sewer and water connection charges prior rc issuance 02 a buildi.%g permit acd subject further to the issuance of a tree cutting permit prior to issuance of a building perdt. Eat5cn for adoption of the resolution mas seconded by Go-mcilwonan Schnidt. . 1 * XollcaU- : Ayes : Bredesen, Courtney, Richards, Schmidt, Vin trdkenburg , Ways: None ResolGtion adopzed. I- Mr. Hughes axplahed that the peqose of thc tree cutting permit is to encourage good site planning on the part ofsthe buiider. ZEZEY RILL ADDiTiON REGISTRItED LAYD SUEVEY GP&WED iiTEA7, APPI?OVP,I, ---- XX\'D SPECLAL ASSESSXENES -PPQXTTO!JET). Kr. iiug'nes preseilceci Dewey ?If.?i AddTtion Registered Land SGrVey, gcneraliy 'Located Gortli c~f W. 78th Street, E:?st GE I3raeir.a~ Park an2 SciilLh bf Oewey Hill Ron4 for finzl zpproval as rcconmmnded by -the ConmJaizly Developxienc and Planning Co:nmission. Coimcllnm Richards then ctl-Cered the folloaing resulu- tion 2nd mved ies adop tfoo as reconmciided bp iir. Er5.rkscni : - - r. ~SOL2TFON APPROVIRG DEWEY ir,LLL AbDXTXIK ??GISTC%D URD SUR\7S;Y .. -- -_ AND APF~TTI OX~(; SPECT..IL Assmmws - __---I_ BE iT ESSOLVED thaz that Certofr?= Rvp.istt?red Inlid 3uTv'.-y; gei1i3rally Located X~rtii of W. 72t'r; Screet, Easr- of Braemar iJr?rk and So~c'p. of I'cwcy 7it.i~ %ad*r;nd presentci frt.zr-'Iq gmuw',! ffnn3. ijpprovs 1 ; :Nd 1 -**- . far ffca: approvzl at the '!&lit:a Ci:y Cao:tciI. Zfcetinp, of AprZ 16, 1979, be arzd is I* EK*RESOL rl2U that -9.\ all existing I" special assessnyts agni.nst Uewcy Hi11 tion bc apportioned ;&inst: DGwey iITl1. 2nd Adititidri rm an &&f&ke ' is hwixzii and that the specials sc apportioned' to the lots be further divided-equally amoiig tlie lots; artd BE IT NSOLVED FUrilllER, that pending special assessments against Dewey Ilill 2nd Addition for Storm Sewer 140B shall be transferred wholly to Outlot By Dewey IILll 2nd Addition, upon receipt by the City of a request €or such transfer from all owners and lien holders of Outlot B and containing a waiver of all claims that such pending assessxent, as the result of such transfer, may be inequitable, inifair, unreasonable or in an amount greater than the benefit received. Motion for adoption of the resolution was seconded by Councilman Courtney. Rollcall : Ayes : Bredesen, Courtney, Richards , Schmidt, Van Valkenburg Nays: Nsne Resolution adopted. ADDITIONAL ANIJ3A.L CONTROL REQUEST REFE2RED TO CITY MANAGER. Council's attention was cdled to a letter from Mr. Arth:ir- J. Fellcer, 5500 %erritt Circle, requesting the appointment of additional animal patrol officers, additional cost for which would be paid by increasing licenso, fees and the penzlty for violation to the extent that the animal patrol function would be self-supporting. Mr. Roslarrd advised .that changes have just baen ,made in the Police Department which should 1 provide additional' the for animal control functions without adding additional persqnnel. Councilran Courtney 's motion was seconded by Councilwoman Schmidt, directing the City Mcznager to explain the situaeion to Mr. Feiker. P F IB a 4 Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: 'None a Motion carried. BIDS AWARDED FOR SAND, ROCK, BITUhfINOUS MATERIALS AN0 WATER TREATMXNT CHEMICALS. Mr. Roslazld presented tzbulatron of bicfs for sand, rock, bituminous material and water treatment chemicals as follows: Concrete Sand (delivered) - Prior Lake Aggregate, low bidder at $2.75, Northwestern Aggrzgzte at $2.82, Wm. Huller & Sons, Inc. , at $3.70 and .Jo L. Shieiy at $3.75; Buck Shot (delivered) - North- western Aggregate wcis the ione btdder at $4.97; Gravel Base (dciivered) - Prior Lzke Aggregate. low bidder at $2.80, Northwestern Aggregate, $3.47, J.,L. Shiely st $3.67, Wm. Ik~ller & Sons, Inc., at $3.55, Mirrnesota TJalley Surfacfng at $3.80 and Eury IS Carlsoii at $5.58 (cubic yard); Limestone - Bryzn Aggregate low bidder at $3.55, Kramer & Sons, Inc., at $3.85 and IvEnnesota Valley Surfacing at $4.30; Seal Coat Chips (delivered) - Midwest Asphalt Corp. was the lone biddez at $3.15; 2.ezdy Mix Bitunfnous Piaterials (picked up)' - Bury i5 Carlson 10x87 bidder at $12.10 (basEd on had distance) , Wm. Xueller & Sons, Inc. , $12.00; bE~TieSOta Vzlley Surfacing, $10. SO ar,d Hidiqest Asphalt Corp. at $1.2. SS ; __.- Cut-back Asphalt > (deliver&) Koch Asphalt Co. , low bidder at $0.4547, William Mueiler E! Sons, :59G, Ashland Petrcieum Co., .4147$ (not a firm bid); Hydroflmsilic Acid and Liquid- ChlorLne (tl'ed bid) - Hawkins C!12i~ical low bidder at a total cost of $24.70, * Van Waters s! Rogers, .$26.03, and Jones Chemicals, Inc. at $27.47. Councilman Richards' inotfm for award to recomndei: low bidder ia all cases was seconderi by Councilman Corzrtnejr. Ayes : Bredesen, Courtney, Xichards , Schmidt , Van Valkenburg Nays: None Mot ion carried. I *I PLAYGROUND ZQUIPMZNT FOR EANDICAPFED BID AWARDED. Mr. Rosland preseatcd tabula- tion of three bi6s for playground equipment for the handicapped, which equipment will be inst,q.lied at CornLelia Park according to a specified play. showed Bob Klein 61 Associates low bidder in the amount of $9,400.00, Ron Douglas EC Associates at $9,437. CO , znd Haniele & As.sociates at $9 765.80. Schmidt ' s mQtion f~r award to recommeDded low Sidder , Bob K,'Letn d Associates, ias seconded by Councilnan FAchards. Ta'DulatioI.1 Councilwonan Ayes : Bredenen, Courtney, Richards, Schmidt Va;i TTzlkenburg Nzys: i$me .. ,Motion carried. Councilnail Coilztney then offered the following rescl.uti.on and noired :L:s adoptiorr: WBEREAS, the Edina Federated. Women's C1:h has made .funds availabie to. the City Of WEREAS, the City Council has authorized the purchase of certnLn playground equipment which will be 5nstalI.rci at Cornelia Park in tile Clty of' Eclha; and 14H12?33AS, the equipment will p revide additional :~it!ms for the handicopped chi.ld~:en in the City of Edina to deve:.op skilLs and errjoynetit wlich the!< hercLoforc% bere unable to pursue: most sinccrc tlhnnlts to 'UIX EI)%Nij PiSf)!X;\TI?D Wt.Ml.IWi'S CLgB for j.Ls \ri?1;~>; Lh(~i~gl~t Eul RESOLUTIOI\T OF ----- APTECIATIOW - Edina for the purchzse of piayground equipment for the handicapped; and NOW, TEIEIQII?ORE, B'r: 'IT I:ESOL\7DD thr?.il the >kijjc:: a17d City Couficil. 63 heYt..hy f?Xp.CeSS i .I. -* 2 g'esture in konating the .playground equipinen6 to be used for thi Qf.-cial PcneEit of the handicapped children of the City of Edina. 3btion for adoptim ~f the resc?lution wos seconded by Councilma Rredkserr and unanimously carricd. POSTAGE NETER PURCi'lASE APPROVED. Xr. Rosland presented tsb-slation of three 'bids for a new postage instex showing Friiden iotz bidder for $1,823.35 CinclucliD-g tl,qade- in)for its Model 9120, Pitney Bowes Hodel 5600 was given at .$L,99S.0Op and Pita.ey Bowes Xodel 4371 was g:ven at $3,485.00 (both including trade-in) a Councilnnn Courtney's motion for award to recommended low bidder, Friden, was seconded by Councilman Bredesen. I. 1 34 Ayes: Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: None Notion carried. *. PUBLIC OFFICIAL LIAl3ILITY INSWNCE BID AWARDED ; CLARIFICATIONS TO BE MADE 'AT NEXT MEETING. Mr. Xosland presented tabulation of three bids for Public Official Liability Insurance showing Midland low bfdder at $3,918 ($10,657 for three years prepaid), Forum at $6,000 and International Surplus at $6,726. awzrd to Midland for the three yezr quotation with io% additional for the eliminz- tion* of the exclusion on architects, attorneys, engineer or accountant. Questions were raised by the Comcil as to the difference in the amount of the bids'of.the various insurance conpanies and a clarification of the professional e;uclusion. Couacilpn Courtney's moticn was seconded by Counciimk Richards for award td -.' recornended low bidder, Forum, fr;r the three year quotation and wizh 10% addi- ticnal for the elimhation of the professional exclusion, and with the understad- ing that the questions raised be clarified at the next meeting, Ayes: Bredesen, Go-srtney, Richards, Schddt, Van Valkenburg Nays: None Motion carried. He recornended - 1' ' 1 . _, - F[;TTJRE SYSTEXS APIXWEE; SOUTH HENNEPIN HLYAN SERVICES COUNCIL PIZOGF~ DISCUSSED. EL-. Rosland called Council's attenticn to recomendations of the Iiuw Relat'$pns Comlssion cancerning funding of proposals of Future Systems ad of Scuth Henzlepi-rr Em~~n;Sewices Council to provide i! human services inventory for the City. He. ~ recornended that oniy the South Hennepin Hum Services Council bs furides has- such as he belj-evP-d t'nat, there would 3e duplication of effort beme2r, the two - -grqqs:- Xrs . Leslie Turner of the Humxn Relations Comnissior, Zisteri recisms , , _. -tpe Ccdssipn belie-es would be helpful for the City to fund boE5 of the prop+osals. Xc. Rzy O'Comell of the Hum= RelatLons Cormission admitted thzt ?here is a,p*os- s2laSity of sone duplicztioa of effort, but ,emphasized that it w.azlC! be uaipc for BdiEa to devslop a mods1 progran. 0-m- prograd and that the bare cost would be $1,500 and added tbst Scuth 1luaa.a Services Council prograni would cost the City somewhere between $2,430 and $2,500. Xosland 'estimated that. the South I<enrzepin program wwld cost beeween $1,500 and $?,OOO irr cash, along xftli additional services by City staff. Counciiwomm SclizLdt said ?5xiCi ,private f mds will. probably be mailable if Cie Coimcfi shaws its, good faith, Councilmaii Sredeszn expressed ccncern about the cast cf the Sout:? Sexmepin Eimizn Sei-iices proposal and suggested that che City frrnd oziy Fumre System. Mr. Xxissel-5 Stricker, Executive Director of the Sozlth Hennqtn %im~an Services Council, axid- t5zt he, TJZS- ~ct iopking for &ditional needs but for+ 5ettez way o,f prcvi5ing s~,rvZces En& to zak advantage of Hennepin Cc~nty for iiocuneriring azeds. F.ollow- ing leigthy discussiong Councilman Richards rr,aved thzt the City mcve iorward $:fit% rtfiP,,Yutzlr.e Systems study 2nd that the City 'Pianager be iostructed to 'ccixtiime to work with the South Zezrnepin Human Services Council to core clearly dcfine tb,e* prog-rani 2nd to learn concrete costs. Hotbn was seconded by Csi~zi1m-a Coy$tn&. .A . He explaiaed' that Futilre Systems would be. Edina's .. - . . A37es : 3redsen, Courtney, Richards, Sciiddt, Van Vallceriturg *: I I Rays: None Hotion carried. .!. 7- 5ALmS VALLEY VIZ? XaLLER SICZTIKG CENTER$ DANCE HALJ, SERMI'i' CONTIN3ED. . bfr. . Rosland recalled that discussion UC the Danca Ball Pcr-miz request!ed by the SziFrs Y311q7 tVi-sq Rctller SkatTag Cexter hgd been comclnued Eron April 2*, 1979- MI:, Gzrry Koch, ianager of the Cmter, shid chat he did-not uilderatand t'nai: sei-urity ~Zficers, thatl he haci hlred to be> present du+ig thr? cimce were not consldercd ''Officers of a$he la;''. coctiir,ued bue that tie would like to ker~ his optiom ope3 to h?~ dmces at & . later dace. if ,they s'noufcl' lxwe other dz~cqs ac the loca-iion. ChieE Swartsan re\75,t3i~0-d $i $+st of violations that a pd.5~~ offScer ?ad clhscrved during a dance on Jr27,J' IS,-+&978= .ME. Koch objected riidtl he,had Eevebr Let enyo~ie 411 over eighteen years zf iige qird tlh;it thcg kve RCVC'L' in& any coini,>.~ainrs DT prohlccis. sibi~<t3- of issuing vruv.L:;jonnl 1.j c;:nscz fo;- \qi:j.cIi tWn wcc1cs' not ice wmiLd h,? given. . Re esplaincri that*attendance had beer, so bad Lliat she cjzlzccs kc! been dis- .i.Ir. Kach assured rhe Council chat lie would meet all legal .reqi:ip*en&s The Chid sug;:"~td ~hc. -i.rzs- 95 I IB k. P- a Councilman Ri$iards then mnovtid that, the . procedures "--I might he follcwgd. Mogion w Inan S chiui d t . cr be continued until May 7, 1979, ~4G~~vc tli$ '~i~y -fit'torncyy*wzri- +yp+mtunit 0 sets?$<;*' Ayes : Bi-edesrn, Courtney, Richards Schmidt , S!iaw, Van Val!renburg Nays: None I !lotion carried. SWIlrDilING POOL ORDINANCE TO BE AMENDED, to whether above ground swimming pools should be allowed in the City had been continued from April 2, 1979, so that additional citizerr input could be obtained. Councilman Bredesen disagreed that above ground pools should b2 prohibited, stating that, he believed that the setback ordinance is not pertinent in this cas2 and that people should be able to do as they please in their own yards. Councilmarz Richards nloticn was then seconded 5y Councilwoman Schmidt that an amendment be drafted tc the Swimming Pool Ordinance which wculd prohibit above ground swiinming pools ii7. the City. 1" Mr. Rosland recalled that discussion as t-. Ayes : Courtney, Ridards , Schmidt, Van Valkenburg -. Nays : Bredesen .- - ' Motion carried. BUILDING i)EPkRTMENT POSZTION AYPROVED. Mr. Rosland recalled that discussion of 'hiring a new Buildfng Inspector had been continued from the meeting of April 2, 1979. He advised that Mr. Michael had agreed to work as needed up to 60% of the time qand reconmended that, because of the work load, he be repiaced by a full , time Building Inspector. Councilman Courtney's motion approving the hiring of a full time Building Inspector and retaining Mr. Michael on a part time basis as recommended by Nr. Rosland was seconded by Councilman Bredesen. Ayes : Bredesen, Courtney , Richards , Schmidt, Van Valkenburg Nays: None Motion carried. I- BUILDING DEPARTMEKC FEES SCHEDULE APPROVED. Kayor Van Valkenburg recalled that a 23% increase in Building Department fees had been continued from the meeting of April 2, 1979, so that the City Manager cGuld stcdy the matter further and had historically tried to use "user fees" so. that costs would be paid by the mer rather than by ax1 tax payers. He recalled also, for the becefit of Council~~cxiiar- Schmidt who had been absent from that neetirig, that Councilman Bredesen had opposed the increase. - ' possibly make addittonal recommendations. The Mayor explained that the Council Councilman Richards then moved 'approval of the 23% Build- ' ing Department fee schedule as presented at the meeting of April 2, 1975. Notion ---was seconded by Councilman Courtney. 1 Ayes': Courtney, Richards, Schmidt, Van Valkenburg Notion carried. I . Nays : Bredesen -. !.' * -THOMAS SCClTT - PETERSON NOTICE OF CLAIM NOTED. Council was advised that a Notice 'of Claim had been filed with the Clerk relative to an alieged injcry to T~OIK~S- the City Attorney. No formal zction was taken. - ' Scott Peterson. The matter hzs been referred to the insurance -com;,nny and to ' - WILLIAX AXD EEKXICE JACKSON VARIANCE MINUTES CLARIFIED. iYr. Rosland advisea Councilman * Council that Kr. Williain C. Hirsch had objected that th2 miilutes of February 5, 1979, had not indicated the intent of his letter to theeCounci1. kourtney's mot iczl was seconded by Councilman Richards that the xords "no objection" all1 be changed to "he would have objections" and that the change in wording would hsve no effect on the decision of the Council. -, . ,- 0 &yes : Eredesen, Courtney, Riclfards , Schmidt, Van Valkenburg * Nays: Norie Motion carried. -- LEAGUE OF MINNESOTA -- CITIES TAX LNCRE%D?T BILLING DISCUSSED. Mr. Rosland revfcwed I . ' correspondence rzceived froin the League of Minnesota Cities advising that the *' . sion, it zias generally decided that, inasmucl-i as the City had not agreed to pay . ' C5ty owes $1,75C toward a tax increment btidget of $77,265.58.. Pollcwit.ig discus-- any such 'cost, the City Manager shcuid write'the League advising then th.at: EdPns would not pay its assessment. No formal action was taken. I.JELCOME HOME GROW ---- HOME IXEQUEST FOR. HOUSING DENLED. -- Mr. ,. -* Hughes arlvfscd Council *~.that Mr. ;James :lust of Welcome Home Group Eone has indicated his interest in *" jukt -two huuses away from the A.B.C. IIousc. ' locating A group hdme facility North of the Ci-osstc\i/n Hi@~;ay on Frii~ce Avenue, Mr. Erickson said thoc thc Atrorwy ' General's office had advised hlzn tlhnt this type of :'scilf;y musr..bc lice..nsed and that Llie Com:i~issioner of 'L.J~*l-f;~rc: cn~inot issue t!i*? 1 iccn:;c tu a residcntinl zilci- 1 ity which \Jill be viil.lin 1,320 11.c~ 'from ti si;;ii?.<?f c?ui:;t:i.!ii: Far.::LI..i.t!:+ !le .c\itv~i~i~i? .. that the Commissioner can Did that mnnciate i.f the City J rlierc zhc, I'gcility is, pioposed to be established issues a' Special Use Permit- and r&called 'that GdiiTa has no provision for grantins such permits and that Special Use ?emits have been rejected in the past. Nr. Jim J&t, representing TJe'icome Home 'Group liames, edvised that there ire n variety of interpretations in regard' to that particuiar statute and said that attempts a.rc,beiiig madc to spread this type of facility into the suburbs, rather than have them concentrated in the core cities. He , advFsed thak his ho?nes have been in, existence for approxi,mately eight years, in Sloomington, Long Lake and Brooklyn Center and that no problem have been cawed. He asked that the City Attorney discuss the matter, further with tile Dgpartment of Public Welfare and with his attorney. 'Councilman Richards theh moved that the staff be directed not,to spend any time or money in looking into the matter further inasmuch as there is a similar use in close proximity and in vim? of the long established attitude of the City in opposing Special Use Perinits. Mosion vas seconded by Councilman Courtney. Ayes: -Bredesen, Courtney, Richards, Schmidt, Van Valkenburg Nays: Nons Motion carried. YE4R V CO>lP~il?ITY DEVELOPMENT FUNDS ALLOCATED. Councilman Courtney's motion was seconded by Councilwoman Schmidt to amend Edina's Year V Community Development Block Grant Application in order to allocate an addi- tional Year V Block Grant entitlement of $18,000, as follows: - .I . 6,000 - Xorningside School As recommended by Xr. .Hughes, ! $6,000 - Handicapped Access to City Ball 6,000 - Renovation and Land Acquisition for Housing Ayes: Bredesen, Courtney, Richards ,. Schmidt, Van Valkenburg NAYS: None Xotion carried. JOINT HEALTI3 ADVISORY BOARD MEETING ANNOUNCED. .Council's attention to a Health Advisory Board Keeting to be held jointly with the cities of Mayor Van Vzlkenburg called Edlha, Sloomington arid Richfield on April 3 at 7:OO p.m. in ths South- , dale Regional Library. No action was taken. E "DOARD ANI COB~IISSIG~I PAXTICIPATION IN COLINCIL MEETINGS EWCOUUGED . In response to a.qucstior, of Couzx5lwoman Schmidt, Myor Van Valkerrburg urged that nzmbers of all bozrds arid r_oxim5ssio11s attend Councilnieetings in order to be zwre of Council fmxtions and or special Snterests of other boards. No action wzs taken. I COWMITY Sl3ITBAR DISCUSSED. lfayor Van Vdkenburg referred to the Community Sem-, inar.vW& will bs held* iii.the Council Chsmbers on April 21 at 3:45 a.m. and asked aei&ers to-.review the IIousing Meeds Cozimittee Report before the meeting. ac tioc was takeil. No YGLUE!EEK B.UQ?jjT DISCUSSED. ZIIZ voimteers .xhich will be hsld on April 20, 1979, at the L'hotel de France. Mr . Rosland reslinded Council of the barquet hormr- - Corrociimarr Courtaeg expressed concern over the lnck of publicity for the event aad suggested that, in cfie future, the cams of those receiving awards should be pub- llcized so th=t their friends would attend. No acticin was taken. ORDINAXE EO. 311-_411 GILIVJTED FIRST l2EkI)ING. Xr. l?.@sland presatsd Ordinance Eo 311-A12 €or RLrst Rzading. Kr. Arthur J, Felker, 5500 MerritTL Clrcle, irrged that Che ordinance be made nore stringent. Councilma Bredesen objected that the ord- i-naiice TJould be difficult to enforce inasmuch as the City canno2 effectively en- force the leash law. Xr, Rosland agrezd that the enforcement would be difficult but poirited wit that cizies that: already have adopted a similsr ordinance kave repoxted reasonzbly gwd success. Xo. 311410 for First Readizg with waiver cf Second Reading and moved its adoption: CouncLlmar. Courtney thereupozl offered Or&irrance I ORDINAXCE EO. 3 1 l-All BY OXEIEANCE MEIiiiING ORDIN-UGCE NO. 311 'IO PROHIBIT PROPERTY DANAGE BY DOG:, PRO'dIB'IT THE NICTUR-\TIOM OR DEFECATION BY DOGS ON PwvKrE BXOBW~Y WITHOUT TLZE CONSEE GI? E-IE OWNER OR POSSESSOR OF ?FIE PXOPERTJ iiXD TO FEQfJIRE TXE 3EXOVAL OF NGS' WASTES FRO31 PmLZC PXOIBKLY AND PURLIC ACCESS Section 1. Sec. 17(c) of Ordinance Fb. 311 is hereby amended to read as "(c) TEE CITY COLTCIL OF THE CfTi Of: EDINA, P!IMLU'ESOI'A, OHIAINS: follows : KO damge any la~m, g;.rden or othcr property, public or private, or to rzcturatc or defcczJe an private yropcrty without: the msmt of the cx\rncr cir i)ossessor of fhe pronerty. It sh~~.tl- he lie duty of cach persr~n having ciic cu:+tody or control No pereon having :he custody or contrcli of a dog shall-permit tha'dog 4/ 16/79 of a dog to rcmovg any frces left by s pirk land or ot~lqr public property, or +ime% feces in 2 sa'ni'tary manner. son having the custody or control of a dog when such dog is upon -any of the places or areas described in ;he immediately preceding sentence to have in his inmediate possession a device or equipment for the picking up and removal of dog feces. property open for public use or travel even though it is privately owned. The provisions of this section shall not apply to a guide dog accompanying a blind person or to a dog when used in police of rescue activities by or with the permission of the City. This section shall not be construed by implication or othe-mise to allow dogs to be where they are otherwise prohibited by the ordin- ances of the City." This ordinance shall be in full force and effect upon its passage and publica tion. Motion for adoption of the ordinance was seconded by Councilwoman Schmidt. 1 any siclewnllc,, gutter, r;frect, iblic zwz, 3i1d to dispose of Tt shall fiirchermore be the duty of'crich pcr- For the purposes of this section, "public area" shall include any Section 2. liollcall : Ayes : Nays : Rredesen, Richards Ordinance was, theref ore, granted First Reading only. Courtney, Schmidt, Van Valkenburg - - SAMUEL AND CAROL TAYLOR MATTER DISCUSSED. had talked to Samuel and Carol Taylor regarding certain complaints that they had made regarding their occupancy in the Colony Apartments and that the Taylors have given him a nmiber of documents which he hereby makes a part of these Council Minutes by reference. report was seconded by Councilwoman Schmidt. Mr. Rosland advised Council that he Councilman Courtney's motion accepting the City Manager's Ayes: Bredesen, Courtney, Richards, Schmidt, ?an Valkenburg Nays: None , Motion carried CLAIMS PAID. Motion of Couacilmn Richards was seconded by Counci.1man Courtney for paymEat of the following claims as per Pre-List: Park Fund, $9,145.54; Edina Art Center, $5,111.16; Park ConstructFon, $27,073.71; SwFinming Pool, $278.98; Golf Course, $4,436.63; Arena Center, $8,319.41; Gun Range, $€05.00; Water Works, $11,519.93; Sewer Fund,' $100,096.24; Liquor Fund, $144,6 15 .'6 8; Construction Fund, $3 424.03 ; i3R, $5 1,9 72.03 ; Total, $6 18 , 337.19. . Ayes: Bredesen; Courtney, Richards, Schmidt, Van Valkenburg General Fund, $252,238.88; Mayq: None Xotion carrid. I Council's agenda having been covered, Cotlncilmn Courtney's oiotion for adj own- nent was seconded by Counciimzn Bredesen. Adjournment at 10:55 p.m. i City Clerk - .I -. P I I. .I ' .. -.